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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4240
Introduced 1/28/2004, by Patricia Reid Lindner SYNOPSIS AS INTRODUCED:
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720 ILCS 5/12-3.2 |
from Ch. 38, par. 12-3.2 |
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Amends the Criminal Code of 1961. Provides that domestic battery committed in the presence of a child under 16 years of age who is the defendant's or victim's child or step-child or who is a minor child
residing
within the household of the defendant or victim is a Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4240 |
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LRB093 15761 RLC 41371 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-3.2 as follows:
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| (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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| Sec. 12-3.2. Domestic Battery.
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| (a) A person commits domestic battery if he intentionally |
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| or knowingly
without legal justification by any means:
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| (1) Causes bodily harm to any family or household |
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| member as defined in
subsection (3) of Section 112A-3 of |
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| the Code of Criminal Procedure of 1963, as
amended;
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| (2) Makes physical contact of an insulting or provoking |
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| nature with any
family or household member as defined in |
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| subsection (3) of Section 112A-3
of the Code of Criminal |
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| Procedure of 1963, as amended.
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| (b) Sentence. Domestic battery is a Class A Misdemeanor.
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| Domestic battery committed in the presence of a child is a |
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| Class 4 felony. Domestic battery is a Class 4 felony if the |
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| defendant has any
prior
conviction under this Code for domestic |
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| battery (Section 12-3.2) or violation
of an order of protection |
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| (Section 12-30), or any prior conviction under the
law of |
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| another jurisdiction for an offense which is substantially |
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| similar.
Domestic battery is a Class 4 felony
if the
defendant |
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| has any prior conviction under this Code for first degree |
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| murder
(Section 9-1), attempt to
commit first degree murder |
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| (Section 8-4), aggravated domestic battery (Section
12-3.3), |
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| aggravated battery
(Section 12-4), heinous battery (Section |
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| 12-4.1), aggravated battery with a
firearm (Section 12-4.2), |
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| aggravated battery of a child (Section 12-4.3),
aggravated |
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| battery of
an unborn child (Section 12-4.4), aggravated battery |
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| of a senior citizen
(Section 12-4.6), stalking (Section |
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HB4240 |
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LRB093 15761 RLC 41371 b |
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| 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual |
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| assault (Section 12-13), aggravated criminal sexual
assault
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| (12-14), kidnapping (Section 10-1), aggravated kidnapping |
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| (Section 10-2),
predatory criminal sexual assault of a child |
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| (Section 12-14.1), aggravated
criminal sexual abuse (Section |
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| 12-16), unlawful restraint (Section 10-3),
aggravated unlawful |
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| restraint (Section 10-3.1), aggravated arson (Section
20-1.1), |
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| or aggravated discharge of a firearm
(Section 24-1.2), or any |
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| prior conviction under the law of another
jurisdiction for any |
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| offense that is substantially similar to the offenses
listed in |
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| this Section, when any of these
offenses have been committed
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| against a
family or household member as defined in Section
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| 112A-3 of the Code of Criminal Procedure of 1963. In addition |
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| to any other
sentencing alternatives, for any second conviction |
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| of violating this
Section within 5 years of a previous |
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| conviction for violating this Section, the
offender shall be |
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| mandatorily sentenced to a minimum of 48 consecutive hours of
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| imprisonment. The imprisonment shall not be subject to |
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| suspension, nor shall
the person be eligible for probation in |
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| order to reduce the sentence.
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| (c) Domestic battery committed in the presence of a child. |
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| In addition to
any other sentencing alternatives, a defendant |
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| who commits, in the presence of
a child, a felony domestic |
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| battery (enhanced under subsection
(b)), aggravated domestic |
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| battery (Section 12-3.3),
aggravated battery (Section 12-4), |
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| unlawful restraint (Section
10-3), or aggravated unlawful |
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| restraint (Section 10-3.1) against a family or
household |
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| member, as defined in Section 112A-3 of the Code of Criminal
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| Procedure of 1963, shall be required to serve a mandatory |
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| minimum imprisonment
of 10 days or perform 300 hours of |
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| community service, or both. The defendant
shall further be |
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| liable for the cost of any counseling required for the child
at |
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| the discretion of the court in accordance
with subsection (b) |
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| of Section 5-5-6 of the Unified Code of Corrections.
For |
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| purposes of this Section, "child" means a person under 16 years |
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| of age
who is the defendant's or victim's child or step-child |