HB2674 99TH GENERAL ASSEMBLY

LRB099 04334 RLC 24361 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2674

Introduced , by Rep. John D. Anthony

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 2012. Establishes new categories of aggravated domestic battery based upon the location where the domestic battery occurred, the victim's age, physical disability, intellectual disability, the use of a deadly weapon against the victim, and other factors. Establishes penalties. Provides for enhanced penalties for domestic battery based upon prior convictions for aggravated domestic battery.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 12-3.2 and 12-3.3 as follows:

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

Sec. 12-3.2. Domestic battery.

(a) A person commits domestic battery if he or she knowingly without legal justification by any means:

(1) causes bodily harm to any family or household member;

(2) makes physical contact of an insulting or provoking nature with any family or household member.

(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for violation of an order of protection (Section 12-3.4 or 12-30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), aggravated criminal sexual assault (Section 11-1.30 or 12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member. Domestic battery is a Class 4 felony if the defendant has one or 2 prior convictions under this Code for domestic battery (Section 12-3.2) or aggravated domestic battery (Section 12-3.3), or one or 2 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 3 felony if the defendant had 3 prior convictions under this Code for domestic battery (Section 12-3.2) or aggravated domestic battery (Section 12-3.3), or 3 prior convictions under the law of another jurisdiction for any offense which is substantially similar. Domestic battery is a Class 2 felony if the defendant had 4 or more prior convictions under this Code for domestic battery (Section 12-3.2) or aggravated domestic battery (Section 12-3.3), or 4 or more prior convictions under the law of another jurisdiction for any offense which is substantially similar. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.

(c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), unlawful restraint (Section 10-3), or aggravated unlawful restraint (Section 10-3.1) against a family or household member shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5-5-6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.

(d) Upon conviction of domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of 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 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.

(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14; 98-994, eff. 1-1-15.)

(720 ILCS 5/12-3.3)

Sec. 12-3.3. Aggravated domestic battery.

(a) Offense based on injury. A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement to a person at least 13 years of age who is not a severely or profoundly intellectually disabled person commits aggravated domestic battery.

(a-1) Offense based on injury to a child or intellectually disabled person. A person at least 18 years of age who in committing a domestic battery:

(1) knowingly causes great bodily harm, or permanent disability or disfigurement to a person under 13 years of age, or to any severely or profoundly intellectually disabled person commits aggravated domestic battery; or

(2) knowingly causes bodily harm, or disability or disfigurement to a person under 13 years of age, or to any severely or profoundly intellectually disabled person commits aggravated domestic battery.

(a-2) Offense based on location of conduct. A person who in committing a domestic battery, other than by the discharge of a firearm, is or the person battered is on or about a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter commits aggravated domestic battery.

(a-3) Offense based on status of victim. A person commits aggravated domestic battery when he or she in committing a domestic battery, other than by the discharge of a firearm, knows the individual battered to be any of the following:

(1) A person 60 years of age or older.

(2) A person who is pregnant or physically handicapped.

(a-4) Offense based on use of a weapon or device. A person commits aggravated domestic battery when he or she in committing a domestic battery, does any of the following:

(1) Uses a deadly weapon other than by discharge of a firearm, or uses an air rifle as defined in Section 24.8-0.1 of this Code.

(2) Wears a hood, robe, or mask to conceal his or her identity.

(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.

(4) Knowingly video or audio records the offense with the intent to disseminate the recording.

(a-5) Offense based on certain conduct. A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), "strangle" means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

(a-6) Offense based on use of a firearm. A person who, in committing a domestic battery:

(1) knowingly discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a family or household member commits aggravated domestic battery; or

(2) knowingly discharges a machine gun or a firearm equipped with a silencer, and causes any injury to a family or household member commits aggravated domestic battery.

(b) Sentence.

(1) Aggravated domestic battery under subdivision (a-1)(2) or subsection (a-2), (a-3), or (a-4) is a Class 3 felony.

(2) Aggravated domestic battery under subsection (a) or (a-5) is a Class 2 felony.

(3) Aggravated domestic battery as defined in subdivision (a-1)(1) is a Class X felony, except that:

(A) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(B) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(C) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(4) Aggravated domestic battery under subdivision (a-6)(1) is a Class X felony.

(5) Aggravated domestic battery under subdivision (a-6)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.

(6) Any order of probation or conditional discharge entered following a conviction for an offense under subsection (a), (a-1), or (a-5) of this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of subsection (a), (a-1), or (a-5) of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: "An individual convicted of 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 (18 U.S.C. 922(g)(8) and (9))." A notation shall be made in the court file that the admonition was given.

(d) For the purposes of this Section:

"Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act.

"Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.

"Domestic violence shelter" means any building or other structure used to provide shelter or other services to victims or to the dependent children of victims of domestic violence under the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, or any place within 500 feet of such a building or other structure in the case of a person who is going to or from the building or other structure.

"Firearm" does not include an air rifle as defined by Section 24.8-0.1 of this Code.

"Machine gun" has the meaning ascribed to it in Section 24-1 of this Code.

(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)