|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1105 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/12-3.2 | from Ch. 38, par. 12-3.2 |
|
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning domestic battery.
|
| |
| | A BILL FOR |
|
|
| | HB1105 | | LRB102 03119 RLC 13132 b |
|
|
1 | | AN ACT concerning criminal law.
|
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
|
4 | | Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 12-3.2 as follows:
|
6 | | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
|
7 | | Sec. 12-3.2. Domestic battery.
|
8 | | (a) A person commits domestic battery if he or she |
9 | | knowingly
without legal justification by any means:
|
10 | | (1) causes bodily harm to any family or household |
11 | | member;
|
12 | | (2) makes physical contact of an insulting or |
13 | | provoking nature with any
family or household member.
|
14 | | (b) Sentence. Domestic battery is a Class A misdemeanor.
|
15 | | Domestic battery is a Class 4 felony if the
the defendant has |
16 | | any
prior
conviction under this Code for violation
of an order |
17 | | of protection (Section 12-3.4 or 12-30), or any prior |
18 | | conviction under the
law of another jurisdiction for an |
19 | | offense which is substantially similar.
Domestic battery is a |
20 | | Class 4 felony
if the
defendant has any prior conviction under |
21 | | this Code for first degree murder
(Section 9-1), attempt to
|
22 | | commit first degree murder (Section 8-4), aggravated domestic |
23 | | battery (Section
12-3.3), aggravated battery
(Section 12-3.05 |
|
| | HB1105 | - 2 - | LRB102 03119 RLC 13132 b |
|
|
1 | | or 12-4), heinous battery (Section 12-4.1), aggravated battery |
2 | | with a
firearm (Section 12-4.2), aggravated battery with a |
3 | | machine gun or a firearm equipped with a silencer (Section |
4 | | 12-4.2-5), aggravated battery of a child (Section 12-4.3),
|
5 | | aggravated battery of
an unborn child (subsection (a-5) of |
6 | | Section 12-3.1, or Section 12-4.4), aggravated battery of a |
7 | | senior citizen
(Section 12-4.6), stalking (Section 12-7.3), |
8 | | aggravated stalking (Section
12-7.4), criminal sexual assault |
9 | | (Section 11-1.20 or 12-13), aggravated criminal sexual
assault
|
10 | | (Section 11-1.30 or 12-14), kidnapping (Section 10-1), |
11 | | aggravated kidnapping (Section 10-2),
predatory criminal |
12 | | sexual assault of a child (Section 11-1.40 or 12-14.1), |
13 | | aggravated
criminal sexual abuse (Section 11-1.60 or 12-16), |
14 | | unlawful restraint (Section 10-3),
aggravated unlawful |
15 | | restraint (Section 10-3.1), aggravated arson (Section
20-1.1), |
16 | | or aggravated discharge of a firearm
(Section 24-1.2), or any |
17 | | prior conviction under the law of another
jurisdiction for any |
18 | | offense that is substantially similar to the offenses
listed |
19 | | in this Section, when any of these
offenses have been |
20 | | committed
against a
family or household member. Domestic |
21 | | battery is a Class 4 felony if the defendant has one
or 2 prior
|
22 | | convictions under this Code for domestic battery (Section |
23 | | 12-3.2), or one or 2 prior convictions under the law of another |
24 | | jurisdiction for any offense which is substantially similar. |
25 | | Domestic battery is a Class 3 felony if the defendant had 3 |
26 | | prior convictions under this Code for domestic battery |
|
| | HB1105 | - 3 - | LRB102 03119 RLC 13132 b |
|
|
1 | | (Section 12-3.2), or 3 prior convictions under the law of |
2 | | another jurisdiction for any offense which is substantially |
3 | | similar. Domestic battery is a Class 2 felony if the defendant |
4 | | had 4 or more prior convictions under this Code for domestic |
5 | | battery (Section 12-3.2), or 4 or more prior convictions under |
6 | | the law of another jurisdiction for any offense which is |
7 | | substantially similar. In addition to any other
sentencing |
8 | | alternatives, for any second or subsequent conviction of |
9 | | violating this
Section, the
offender shall be mandatorily |
10 | | sentenced to a minimum of 72
consecutive hours of
|
11 | | imprisonment. The imprisonment shall not be subject to |
12 | | suspension, nor shall
the person be eligible for probation in |
13 | | order to reduce the sentence. |
14 | | (c) Domestic battery committed in the presence of a child. |
15 | | In addition to
any other sentencing alternatives, a defendant |
16 | | who commits, in the presence of
a child, a felony domestic |
17 | | battery (enhanced under subsection
(b)), aggravated domestic |
18 | | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 |
19 | | or 12-4), unlawful restraint (Section
10-3), or aggravated |
20 | | unlawful restraint (Section 10-3.1) against a family or
|
21 | | household member shall be required to serve a mandatory |
22 | | minimum imprisonment
of 10 days or perform 300 hours of |
23 | | community service, or both. The defendant
shall further be |
24 | | liable for the cost of any counseling required for the child
at |
25 | | the discretion of the court in accordance
with subsection (b) |
26 | | of Section 5-5-6 of the Unified Code of Corrections.
For |
|
| | HB1105 | - 4 - | LRB102 03119 RLC 13132 b |
|
|
1 | | purposes of this Section, "child" means a person under 18
|
2 | | years of age
who is the defendant's or victim's child or |
3 | | step-child or who is a minor child
residing
within or visiting |
4 | | the household of the defendant or victim.
|
5 | | (d) Upon conviction of domestic battery, the court shall |
6 | | advise the defendant orally or in writing, substantially as |
7 | | follows: "An individual convicted of domestic battery may be |
8 | | subject to federal criminal penalties for possessing, |
9 | | transporting, shipping, or receiving any firearm or ammunition |
10 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. |
11 | | 922(g)(8) and (9))." A notation shall be made in the court file |
12 | | that the admonition was given. |
13 | | (Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; |
14 | | 98-994, eff. 1-1-15 .) |