Public Act 098-0994
 
HB4653 EnrolledLRB098 18207 RLC 53337 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 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 or she 
knowingly
without legal justification by any means:


        (1) Causes bodily harm to any family or household 
    member;


        (2) Makes physical contact of an insulting or provoking 
    nature with any
family or household member.

    (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 violation
of an order of 
protection (Section 12-3.4 or 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 12-3.05 or 
12-4), heinous battery (Section 12-4.1), aggravated battery 
with a
firearm (Section 12-4.2), aggravated battery with a 
machine gun or a firearm equipped with a silencer (Section 
12-4.2-5), aggravated battery of a child (Section 12-4.3),

aggravated battery of
an unborn child (subsection (a-5) of 
Section 12-3.1, or 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 11-1.20 or 12-13), aggravated criminal sexual
assault

(Section 11-1.30 or 12-14),  kidnapping (Section 10-1), 
aggravated kidnapping (Section 10-2),
predatory criminal 
sexual assault of a child (Section 11-1.40 or 12-14.1), 
aggravated
criminal sexual abuse (Section 11-1.60 or 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. Domestic battery is a 
Class 4 felony if the defendant has one
or 2 prior
convictions 
under this Code for domestic battery (Section 12-3.2), or one 
or 2 prior convictions under the law of another jurisdiction 
for any offense which is substantially similar.  Domestic 
battery is a Class 3 felony if the defendant had 3 prior 
convictions under this Code for domestic battery (Section 
12-3.2), or 3 prior convictions under the law of another 
jurisdiction for any offense which is substantially similar.  
Domestic battery is a Class 2 felony if the defendant had 4 or 
more prior convictions under this Code for domestic battery 
(Section 12-3.2), or 4 or more prior convictions under the law 
of another jurisdiction for any offense which is substantially 
similar. In addition to any other
sentencing alternatives, for 
any second or subsequent conviction of violating this
Section, 
the
offender shall be mandatorily sentenced to a minimum of 72


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 12-3.05 
or 12-4), unlawful restraint (Section
10-3), or aggravated 
unlawful restraint (Section 10-3.1) against a family or

household member 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 18

years of age
who is 
the defendant's or victim's child or step-child or who is a 
minor child
residing
within or visiting the household of the 
defendant or victim.

    (d)  Upon conviction of domestic battery, the court shall 
advise the defendant orally or in writing, substantially as 
follows:  "An individual convicted of domestic battery may be 
subject to federal criminal penalties for possessing, 
transporting, shipping, or receiving any firearm or ammunition 
in violation of  the federal Gun Control Act of 1968 (18 U.S.C. 
922(g)(8) and (9))."  A notation shall be made in the court file 
that the admonition was given. 
(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14.)