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HB2610 Engrossed |
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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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HB2610 Engrossed |
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LRB096 09899 RLC 20062 b |
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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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HB2610 Engrossed |
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LRB096 09899 RLC 20062 b |
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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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HB2610 Engrossed |
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LRB096 09899 RLC 20062 b |
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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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HB2610 Engrossed |
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LRB096 09899 RLC 20062 b |
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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.
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