93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4240


 
Introduced 1/28/2004, by Patricia Reid Lindner
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-3.2
  from Ch. 38, par. 12-3.2







    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.



















LRB093 15761 RLC 41371 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4240

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 
 


 









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 
 


 









HB4240
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LRB093 15761 RLC 41371 b







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or who is a minor child
residing
within the household of the 
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defendant or victim.  For purposes of this Section,
"in the 
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presence of a child" means in the physical presence of a child 
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or
knowing or having reason to know that a child is present and 
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may see or hear an
act constituting one of the offenses listed 
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in this subsection.

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(Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. 
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93-336, eff.
1-1-04.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.