96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2610


 
Introduced 2/20/2009, by Rep. Constance A. Howard
 
SYNOPSIS AS INTRODUCED:
 		
















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


720 ILCS 5/12-3.3









    Amends the Criminal Code of 1961.  Provides that upon conviction of domestic battery or aggravated domestic battery, the court shall advise the defendant orally or in writing that an  individual convicted of domestic battery or aggravated 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.  Provides that a notation shall be made in the court file that the admonition was given.  Effective immediately.
















LRB096 09899 RLC 20062 b

















 


 


A BILL FOR









 











HB2610

LRB096 09899 RLC 20062 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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Sections 12-3.2 and 12-3.3 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 is a Class 4 felony if the defendant has any

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prior
conviction under this Code for domestic battery (Section 
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12-3.2) or violation
of an order of protection (Section 12-30), 
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or any prior conviction under the
law of another jurisdiction 
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for an offense which is substantially similar.
Domestic battery 
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is a Class 4 felony
if the
defendant has any prior conviction 
 


 






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under this Code for first degree murder
(Section 9-1), attempt 
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to
commit first degree murder (Section 8-4), aggravated 
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domestic battery (Section
12-3.3), aggravated battery
(Section 
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12-4), heinous battery (Section 12-4.1), aggravated battery 
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with a
firearm (Section 12-4.2), aggravated battery of a child 
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(Section 12-4.3),
aggravated battery of
an unborn child 
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(Section 12-4.4), aggravated battery of a senior citizen

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(Section 12-4.6), stalking (Section 12-7.3), aggravated 
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stalking (Section
12-7.4), criminal sexual assault (Section 
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12-13), aggravated criminal sexual
assault
(12-14),  kidnapping 
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(Section 10-1), aggravated kidnapping (Section 10-2),

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predatory criminal sexual assault of a child (Section 12-14.1), 
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aggravated
criminal sexual abuse (Section 12-16), unlawful 
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restraint (Section 10-3),
aggravated unlawful restraint 
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(Section 10-3.1), aggravated arson (Section
20-1.1), or 
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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 or 
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subsequent conviction of violating this
Section, the
offender 
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shall be mandatorily sentenced to a minimum of 72

consecutive 
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hours of
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 18

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

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    (d)  Upon conviction of domestic battery, the court shall 
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advise the defendant orally or in writing, substantially as 
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follows:  "An individual convicted of domestic battery may be 
 


 






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subject to federal criminal penalties for possessing, 
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transporting, shipping, or receiving any firearm or ammunition 
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in violation of  the federal Gun Control Act of 1968 (18 U.S.C. 
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922(g)(8) and (9))."  A notation shall be made in the court file 
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that the admonition was given. 
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(Source: P.A. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148, 
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eff. 1-1-06.)

 



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    (720 ILCS 5/12-3.3)



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    Sec. 12-3.3. Aggravated domestic battery. 

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    (a) A person who, in committing a domestic battery, 
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intentionally or
knowingly causes great bodily harm, or 
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permanent disability or disfigurement
commits aggravated 
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domestic battery.

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    (b) Sentence.  Aggravated domestic battery is a Class 2 
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felony.  Any order
of probation or conditional discharge entered 
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following a conviction for an
offense under this Section must 
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include, in addition to any other condition of
probation or 
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conditional discharge, a condition that the offender serve a

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mandatory term of imprisonment of not less than 60 consecutive 
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days.  A person
convicted of a second or subsequent violation of 
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this Section must be
sentenced to a mandatory term of 
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imprisonment of not less than 3 years and not
more than 7 years 
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or an extended term of imprisonment of not less than 7 years

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and not more than 14 years.

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    (c)  Upon conviction of aggravated domestic battery, the 
 


 






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court shall advise the defendant orally or in writing, 
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substantially as follows:   "An individual convicted of 
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aggravated domestic battery may be subject to federal criminal 
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penalties for possessing, transporting, shipping, or receiving 
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any firearm or ammunition in violation of  the federal Gun 
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Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))."  A notation 
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shall be made in the court file that the admonition was given. 
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(Source: P.A. 91-445, eff. 1-1-00.)

 

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