093_HB2525eng

 
HB2525 Engrossed                     LRB093 10319 RLC 10573 b

 1        AN ACT in relation to 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  1961  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
 9    intentionally or knowingly without legal justification by any
10    means:
11             (1)  Causes bodily harm to any family  or  household
12        member  as defined in subsection (3) of Section 112A-3 of
13        the Code of Criminal Procedure of 1963, as amended;
14             (2)  Makes  physical  contact  of  an  insulting  or
15        provoking nature with any family or household  member  as
16        defined  in  subsection (3) of Section 112A-3 of the Code
17        of Criminal Procedure of 1963, as amended.
18        (b)  Sentence.    Domestic   battery   is   a   Class   A
19    Misdemeanor. Domestic battery is a  Class  4  felony  if  the
20    defendant  has  any  prior  conviction  under  this  Code for
21    domestic battery (Section 12-3.2) or violation of an order of
22    protection (Section 12-30), or any prior conviction under the
23    law  of  another  jurisdiction  for  an  offense   which   is
24    substantially  similar.  Domestic battery is a Class 4 felony
25    if the defendant has any prior conviction under this Code for
26    first degree murder (Section 9-1), attempt  to  commit  first
27    degree  murder  (Section  8-4),  aggravated  domestic battery
28    (Section 12-3.3), aggravated battery (Section 12-4),  heinous
29    battery  (Section  12-4.1), aggravated battery with a firearm
30    (Section 12-4.2), aggravated  battery  of  a  child  (Section
31    12-4.3),  aggravated  battery  of  an  unborn  child (Section
 
HB2525 Engrossed            -2-      LRB093 10319 RLC 10573 b
 1    12-4.4), aggravated battery  of  a  senior  citizen  (Section
 2    12-4.6),   stalking  (Section  12-7.3),  aggravated  stalking
 3    (Section 12-7.4), criminal sexual  assault  (Section  12-13),
 4    aggravated   criminal  sexual  assault  (12-14),   kidnapping
 5    (Section  10-1),  aggravated   kidnapping   (Section   10-2),
 6    predatory   criminal  sexual  assault  of  a  child  (Section
 7    12-14.1), aggravated criminal sexual abuse  (Section  12-16),
 8    unlawful   restraint   (Section  10-3),  aggravated  unlawful
 9    restraint  (Section  10-3.1),   aggravated   arson   (Section
10    20-1.1),  or  aggravated  discharge  of  a  firearm  (Section
11    24-1.2),  or  any  prior  conviction under the law of another
12    jurisdiction for any offense that is substantially similar to
13    the offenses listed  in  this  Section,  when  any  of  these
14    offenses  have  been  committed against a family or household
15    member as defined in Section 112A-3 of the Code  of  Criminal
16    Procedure  of  1963.  In  addition  to  any  other sentencing
17    alternatives, for any second  conviction  of  violating  this
18    Section within 5 years of a previous conviction for violating
19    this  Section, the offender shall be mandatorily sentenced to
20    a minimum of  48  consecutive  hours  of  imprisonment.   The
21    imprisonment  shall  not  be subject to suspension, nor shall
22    the person be eligible for probation in order to  reduce  the
23    sentence.
24        (c)  Domestic  battery  committed  in  the  presence of a
25    child.  In addition to any other sentencing  alternatives,  a
26    defendant  who  commits, in the presence of a child, a felony
27    domestic battery (enhanced under subsection (b)),  aggravated
28    domestic   battery   (Section   12-3.3),  aggravated  battery
29    (Section  12-4),  unlawful  restraint  (Section   10-3),   or
30    aggravated  unlawful  restraint  (Section  10-3.1)  against a
31    family or household member, as defined in Section  112A-3  of
32    the  Code of Criminal Procedure of 1963, shall be required to
33    serve a mandatory minimum imprisonment of 10 days or  perform
34    300 hours of community service, or both.  The defendant shall
 
HB2525 Engrossed            -3-      LRB093 10319 RLC 10573 b
 1    further be liable for the cost of any counseling required for
 2    the  child  at the discretion of the court in accordance with
 3    subsection (b) of  Section  5-5-6  of  the  Unified  Code  of
 4    Corrections.  For  purposes  of this Section, "child" means a
 5    person under 16 years  of  age  who  is  the  defendant's  or
 6    victim's child or step-child or who is a minor child residing
 7    within  the  household  of  the  defendant  or  victim.   For
 8    purposes  of this Section, "in the presence of a child" means
 9    in the physical presence of a  child  or  knowing  or  having
10    reason to know that a child is present and may see or hear an
11    act   constituting   one  of  the  offenses  listed  in  this
12    subsection.
13    (Source: P.A. 91-112,  eff.  10-1-99;  91-262,  eff.  1-1-00;
14    91-928,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-827,  eff.
15    8-22-02.)