98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3108

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.2  from Ch. 38, par. 12-3.2

    Amends the Criminal Code of 2012. Increases the penalty for domestic battery from a Class 4 to Class 3 felony if the defendant has any prior conviction under the Code for domestic battery or violation of an order of protection, or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Also, increases the penalty for domestic battery from a Class 4 to Class 3 felony if the defendant has any prior conviction under the Code for first degree murder, attempt to commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery with a machine gun or a firearm equipped with a silencer, aggravated battery of a child, aggravated battery of an unborn child, or aggravated battery of a senior citizen, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual assault, kidnapping, aggravated kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, unlawful restraint, aggravated unlawful restraint, aggravated arson, or aggravated discharge of a firearm, or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to these offenses, when any of these offenses have been committed against a family or household member.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 2012 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 or she
9knowingly 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 provoking
13    nature with any family or household member.
14    (b) Sentence. Domestic battery is a Class A misdemeanor.
15Domestic battery is a Class 3 4 felony if the defendant has any
16prior conviction under this Code for domestic battery (Section
1712-3.2) or violation of an order of protection (Section 12-3.4
18or 12-30), or any prior conviction under the law of another
19jurisdiction for an offense which is substantially similar.
20Domestic battery is a Class 3 4 felony if the defendant has any
21prior conviction under this Code for first degree murder
22(Section 9-1), attempt to commit first degree murder (Section
238-4), aggravated domestic battery (Section 12-3.3), aggravated

 

 

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1battery (Section 12-3.05 or 12-4), heinous battery (Section
212-4.1), aggravated battery with a firearm (Section 12-4.2),
3aggravated battery with a machine gun or a firearm equipped
4with a silencer (Section 12-4.2-5), aggravated battery of a
5child (Section 12-4.3), aggravated battery of an unborn child
6(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
7aggravated battery of a senior citizen (Section 12-4.6),
8stalking (Section 12-7.3), aggravated stalking (Section
912-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
10aggravated criminal sexual assault (Section 11-1.30 or 12-14),
11kidnapping (Section 10-1), aggravated kidnapping (Section
1210-2), predatory criminal sexual assault of a child (Section
1311-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
1411-1.60 or 12-16), unlawful restraint (Section 10-3),
15aggravated unlawful restraint (Section 10-3.1), aggravated
16arson (Section 20-1.1), or aggravated discharge of a firearm
17(Section 24-1.2), or any prior conviction under the law of
18another jurisdiction for any offense that is substantially
19similar to the offenses listed in this Section, when any of
20these offenses have been committed against a family or
21household member. In addition to any other sentencing
22alternatives, for any second or subsequent conviction of
23violating this Section, the offender shall be mandatorily
24sentenced to a minimum of 72 consecutive hours of imprisonment.
25The imprisonment shall not be subject to suspension, nor shall
26the person be eligible for probation in order to reduce the

 

 

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1sentence.
2    (c) Domestic battery committed in the presence of a child.
3In addition to any other sentencing alternatives, a defendant
4who commits, in the presence of a child, a felony domestic
5battery (enhanced under subsection (b)), aggravated domestic
6battery (Section 12-3.3), aggravated battery (Section 12-3.05
7or 12-4), unlawful restraint (Section 10-3), or aggravated
8unlawful restraint (Section 10-3.1) against a family or
9household member shall be required to serve a mandatory minimum
10imprisonment of 10 days or perform 300 hours of community
11service, or both. The defendant shall further be liable for the
12cost of any counseling required for the child at the discretion
13of the court in accordance with subsection (b) of Section 5-5-6
14of the Unified Code of Corrections. For purposes of this
15Section, "child" means a person under 18 years of age who is
16the defendant's or victim's child or step-child or who is a
17minor child residing within or visiting the household of the
18defendant or victim.
19    (d) Upon conviction of domestic battery, the court shall
20advise the defendant orally or in writing, substantially as
21follows: "An individual convicted of domestic battery may be
22subject to federal criminal penalties for possessing,
23transporting, shipping, or receiving any firearm or ammunition
24in violation of the federal Gun Control Act of 1968 (18 U.S.C.
25922(g)(8) and (9))." A notation shall be made in the court file
26that the admonition was given.

 

 

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1(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section
25, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11;
397-1109, eff. 1-1-13.)