Public Act 93-0336
HB2525 Enrolled LRB093 10319 RLC 10573 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-3.2 as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he
intentionally or knowingly without legal justification by any
means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as
defined in subsection (3) of Section 112A-3 of the Code
of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A
Misdemeanor. Domestic battery is a Class 4 felony if the
defendant has any prior conviction under this Code for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30), or any prior conviction under the
law of another jurisdiction for an offense which is
substantially similar. Domestic battery is a Class 4 felony
if the defendant has any prior conviction under this Code for
first degree murder (Section 9-1), attempt to commit first
degree murder (Section 8-4), aggravated domestic battery
(Section 12-3.3), aggravated battery (Section 12-4), heinous
battery (Section 12-4.1), aggravated battery with a firearm
(Section 12-4.2), aggravated battery of a child (Section
12-4.3), aggravated battery of an unborn child (Section
12-4.4), aggravated battery of a senior citizen (Section
12-4.6), stalking (Section 12-7.3), aggravated stalking
(Section 12-7.4), criminal sexual assault (Section 12-13),
aggravated criminal sexual assault (12-14), kidnapping
(Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section
12-14.1), aggravated criminal sexual abuse (Section 12-16),
unlawful restraint (Section 10-3), aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section
20-1.1), or aggravated discharge of a firearm (Section
24-1.2), or any prior conviction under the law of another
jurisdiction for any offense that is substantially similar to
the offenses listed in this Section, when any of these
offenses have been committed against a family or household
member as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963. In addition to any other sentencing
alternatives, for any second conviction of violating this
Section within 5 years of a previous conviction for violating
this Section, the offender shall be mandatorily sentenced to
a minimum of 48 consecutive hours of imprisonment. The
imprisonment shall not be subject to suspension, nor shall
the person be eligible for probation in order to reduce the
sentence.
(c) Domestic battery committed in the presence of a
child. In addition to any other sentencing alternatives, a
defendant who commits, in the presence of a child, a felony
domestic battery (enhanced under subsection (b)), aggravated
domestic battery (Section 12-3.3), aggravated battery
(Section 12-4), unlawful restraint (Section 10-3), or
aggravated unlawful restraint (Section 10-3.1) against a
family or household member, as defined in Section 112A-3 of
the Code of Criminal Procedure of 1963, shall be required to
serve a mandatory minimum imprisonment of 10 days or perform
300 hours of community service, or both. The defendant shall
further be liable for the cost of any counseling required for
the child at the discretion of the court in accordance with
subsection (b) of Section 5-5-6 of the Unified Code of
Corrections. For purposes of this Section, "child" means a
person 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. For
purposes of this Section, "in the presence of a child" means
in the physical presence of a child or knowing or having
reason to know that a child is present and may see or hear an
act constituting one of the offenses listed in this
subsection.
(Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00;
91-928, eff. 6-1-01; 92-16, eff. 6-28-01; 92-827, eff.
8-22-02.)