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91_HB1285eng
HB1285 Engrossed LRB9103243RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-3.2 and adding Section 12-3.3.
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 12-3.2 and adding Section 12-3.3 as follows:
7 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
8 Sec. 12-3.2. Domestic Battery.
9 (a) A person commits domestic battery if he or she
10 intentionally or knowingly without legal justification by any
11 means:
12 (1) Causes bodily harm to any family or household
13 member as defined in subsection (3) of Section 112A-3 of
14 the Code of Criminal Procedure of 1963, as amended;
15 (2) Makes physical contact of an insulting or
16 provoking nature with any family or household member as
17 defined in subsection (3) of Section 112A-3 of the Code
18 of Criminal Procedure of 1963, as amended.
19 (b) Sentence. Domestic battery is a Class A
20 misdemeanor. Domestic battery is a Class 4 felony if the
21 defendant has any prior conviction under this Code for
22 domestic battery (Section 12-3.2) or violation of an order of
23 protection (Section 12-30). In addition to any other
24 sentencing alternatives, for any second conviction of
25 violating this Section within 5 years of a previous
26 conviction for violating this Section, the offender shall be
27 mandatorily sentenced to a minimum of 48 consecutive hours of
28 imprisonment. The imprisonment is not shall not be subject
29 to suspension or reduction, nor shall the person be eligible
30 for probation in order to reduce the sentence.
31 (Source: P.A. 90-734, eff. 1-1-99.)
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1 (720 ILCS 5/12-3.3 new)
2 Sec. 12-3.3. Aggravated domestic battery.
3 (a) A person commits aggravated domestic battery if he
4 or she, in committing the offense of domestic battery as
5 described in Section 12-3.2 of this Code, either:
6 (1) has previously violated:
7 (A) Section 12-3.2 (domestic battery), Section
8 12-3.3 (aggravated domestic battery), or Section
9 12-30 of this Code (violation of an order of
10 protection), or similar statutes in a state other
11 than Illinois; the proof in all instances to be
12 shown by a judicial determination of guilt; or
13 (B) Section 12-4 of this Code (aggravated
14 battery) or a similar statute in a state other than
15 Illinois when the victim was a family or household
16 member as defined in subsection (3) of Section
17 112A-3 of the Code of Criminal Procedure of 1963;
18 the proof to be shown in all instances by a prior
19 judicial determination of guilt and by evidence at a
20 sentencing hearing that the victim was a family or
21 household member; or
22 (2) is on pre-trial release for the offense of
23 domestic battery, aggravated domestic battery, aggravated
24 battery when the alleged victim was a family or household
25 member as defined in subsection (3) of Section 112A-3 of
26 the Code of Criminal Procedure of 1963, or violation of
27 an order of protection, or similar statutes in a state
28 other than Illinois.
29 (b) Sentence. Aggravated domestic battery is a Class 4
30 felony. In addition to any other sentencing alternatives, for
31 any second conviction of violating this Section within 5
32 years of a previous conviction for violating this Section,
33 the offender shall be mandatorily sentenced to a minimum of
34 48 consecutive hours of imprisonment, which is not subject to
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1 suspension or reduction.
2 (c) Proof of any prior judicial determination of guilt
3 and proof that the defendant was on pre-trial release are not
4 elements of the crime and are inadmissible at trial unless
5 otherwise permitted by statute or law.
6 (d) In addition, at any cause of action tried to a jury,
7 the jury is not to be instructed that the cause is
8 "aggravated".
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