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91_HB1223eng
HB1223 Engrossed LRB9104838RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-4.3 as follows:
7 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
8 Sec. 12-4.3. Aggravated battery of a child.
9 (a) Any person of the age 18 years and upwards who
10 intentionally or knowingly, and without legal justification
11 and by any means, causes great bodily harm or permanent
12 disability or disfigurement to any child under the age of 18
13 13 years or to any institutionalized severely or profoundly
14 mentally retarded person, commits the offense of aggravated
15 battery of a child.
16 (b) Sentence.
17 (1) Except as otherwise provided in paragraph (2)
18 of this subsection (b), aggravated battery of a child is
19 a Class X felony.
20 (2) If the victim was a child under 18 years of age
21 at the time of the commission of the offense and the
22 offender was a person having care of the child, whether
23 assumed voluntarily or because of a legal obligation,
24 including when the child has been placed by his or her
25 parents, caretaker, or by a licensed child placement
26 agency for care or treatment, aggravated battery of a
27 child is a Class X felony for which the offender must be
28 sentenced to a minimum term of imprisonment of 10 years.
29 A second or subsequent violation of this paragraph (2) is
30 a Class X felony for which the offender must be sentenced
31 to a minimum term of imprisonment of 20 years.
HB1223 Engrossed -2- LRB9104838RCks
1 (Source: P.A. 89-313, eff. 1-1-96.)
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