Illinois General Assembly - Full Text of HB0958
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Full Text of HB0958  98th General Assembly




HB0958 EnrolledLRB098 06107 RLC 36147 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 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 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 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. Domestic battery is a Class 4 felony if the
22defendant has one or 2 prior convictions under this Code for
23domestic battery (Section 12-3.2). Domestic battery is a Class
243 felony if the defendant had 3 prior convictions under this
25Code for domestic battery (Section 12-3.2). Domestic battery is
26a Class 2 felony if the defendant had 4 or more prior



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1convictions under this Code for domestic battery (Section
212-3.2). In addition to any other sentencing alternatives, for
3any second or subsequent conviction of violating this Section,
4the offender shall be mandatorily sentenced to a minimum of 72
5consecutive hours of imprisonment. The imprisonment shall not
6be subject to suspension, nor shall the person be eligible for
7probation in order to reduce the sentence.
8    (c) Domestic battery committed in the presence of a child.
9In addition to any other sentencing alternatives, a defendant
10who commits, in the presence of a child, a felony domestic
11battery (enhanced under subsection (b)), aggravated domestic
12battery (Section 12-3.3), aggravated battery (Section 12-3.05
13or 12-4), unlawful restraint (Section 10-3), or aggravated
14unlawful restraint (Section 10-3.1) against a family or
15household member shall be required to serve a mandatory minimum
16imprisonment of 10 days or perform 300 hours of community
17service, or both. The defendant shall further be liable for the
18cost of any counseling required for the child at the discretion
19of the court in accordance with subsection (b) of Section 5-5-6
20of the Unified Code of Corrections. For purposes of this
21Section, "child" means a person under 18 years of age who is
22the defendant's or victim's child or step-child or who is a
23minor child residing within or visiting the household of the
24defendant or victim.
25    (d) Upon conviction of domestic battery, the court shall
26advise the defendant orally or in writing, substantially as



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1follows: "An individual convicted of domestic battery may be
2subject to federal criminal penalties for possessing,
3transporting, shipping, or receiving any firearm or ammunition
4in violation of the federal Gun Control Act of 1968 (18 U.S.C.
5922(g)(8) and (9))." A notation shall be made in the court file
6that the admonition was given.
7(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section
85, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11;
997-1109, eff. 1-1-13.)