HB3422 EngrossedLRB097 05107 RLC 46390 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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 intentionally
9or knowingly without legal justification by any means:
10        (1) Causes bodily harm to any family or household
11    member as defined in subsection (3) of Section 112A-3 of
12    the Code of Criminal Procedure of 1963, as amended;
13        (2) Makes physical contact of an insulting or provoking
14    nature with any family or household member as defined in
15    subsection (3) of Section 112A-3 of the Code of Criminal
16    Procedure of 1963, as amended.
17    (b) Sentence. Domestic battery is a Class A misdemeanor.
18Domestic battery is a Class 4 felony if the defendant has any
19prior conviction under this Code for domestic battery (Section
2012-3.2) or violation of an order of protection (Section 12-30),
21or any prior conviction under the law of another jurisdiction
22for an offense which is substantially similar. Domestic battery
23is a Class 4 felony if the defendant has any prior conviction

 

 

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1under this Code for first degree murder (Section 9-1), attempt
2to commit first degree murder (Section 8-4), aggravated
3domestic battery (Section 12-3.3), aggravated battery (Section
412-4), heinous battery (Section 12-4.1), aggravated battery
5with a firearm (Section 12-4.2), aggravated battery of a child
6(Section 12-4.3), aggravated battery of an unborn child
7(Section 12-4.4), aggravated battery of a senior citizen
8(Section 12-4.6), stalking (Section 12-7.3), aggravated
9stalking (Section 12-7.4), criminal sexual assault (Section
1012-13), aggravated criminal sexual assault (12-14), kidnapping
11(Section 10-1), aggravated kidnapping (Section 10-2),
12predatory criminal sexual assault of a child (Section 12-14.1),
13aggravated criminal sexual abuse (Section 12-16), unlawful
14restraint (Section 10-3), aggravated unlawful restraint
15(Section 10-3.1), aggravated arson (Section 20-1.1), or
16aggravated discharge of a firearm (Section 24-1.2), or any
17prior conviction under the law of another jurisdiction for any
18offense that is substantially similar to the offenses listed in
19this Section, when any of these offenses have been committed
20against a family or household member as defined in Section
21112A-3 of the Code of Criminal Procedure of 1963. Domestic
22battery is a Class 3 felony if the defendant has any prior
23felony conviction under this Code for domestic battery (Section
2412-3.2). In addition to any other sentencing alternatives, for
25any second or subsequent conviction of violating this Section,
26the offender shall be mandatorily sentenced to a minimum of 72

 

 

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1consecutive hours of imprisonment. The imprisonment shall not
2be subject to suspension, nor shall the person be eligible for
3probation in order to reduce the sentence.
4    (c) Domestic battery committed in the presence of a child.
5In addition to any other sentencing alternatives, a defendant
6who commits, in the presence of a child, a felony domestic
7battery (enhanced under subsection (b)), aggravated domestic
8battery (Section 12-3.3), aggravated battery (Section 12-4),
9unlawful restraint (Section 10-3), or aggravated unlawful
10restraint (Section 10-3.1) against a family or household
11member, as defined in Section 112A-3 of the Code of Criminal
12Procedure of 1963, shall be required to serve a mandatory
13minimum imprisonment of 10 days or perform 300 hours of
14community service, or both. The defendant shall further be
15liable for the cost of any counseling required for the child at
16the discretion of the court in accordance with subsection (b)
17of Section 5-5-6 of the Unified Code of Corrections. For
18purposes of this Section, "child" means a person under 18 years
19of age who is the defendant's or victim's child or step-child
20or who is a minor child residing within or visiting the
21household of the defendant or victim. For purposes of this
22Section, "in the presence of a child" means in the physical
23presence of a child or knowing or having reason to know that a
24child is present and may see or hear an act constituting one of
25the offenses listed in this subsection.
26    (d) Upon conviction of domestic battery, the court shall

 

 

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1advise the defendant orally or in writing, substantially as
2follows: "An individual convicted of domestic battery may be
3subject to federal criminal penalties for possessing,
4transporting, shipping, or receiving any firearm or ammunition
5in violation of the federal Gun Control Act of 1968 (18 U.S.C.
6922(g)(8) and (9))." A notation shall be made in the court file
7that the admonition was given.
8(Source: P.A. 96-287, eff. 8-11-09.)