HB2525ham001 93rd General Assembly

093_HB2525ham001











                                     LRB093 10319 RLC 12145 a

 1                    AMENDMENT TO HOUSE BILL 2525

 2        AMENDMENT NO.     .  Amend House Bill 2525  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 10319 RLC 12145 a
 1    law   of   another  jurisdiction  for  an  offense  which  is
 2    substantially similar. Domestic battery is a Class  4  felony
 3    if the defendant has any prior conviction under this Code for
 4    first  degree  murder  (Section 9-1), attempt to commit first
 5    degree murder  (Section  8-4),  aggravated  domestic  battery
 6    (Section  12-3.3), aggravated battery (Section 12-4), heinous
 7    battery (Section 12-4.1), aggravated battery with  a  firearm
 8    (Section  12-4.2),  aggravated  battery  of  a child (Section
 9    12-4.3), aggravated  battery  of  an  unborn  child  (Section
10    12-4.4),  aggravated  battery  of  a  senior citizen (Section
11    12-4.6),  stalking  (Section  12-7.3),  aggravated   stalking
12    (Section  12-7.4),  criminal  sexual assault (Section 12-13),
13    aggravated  criminal  sexual  assault  (12-14),    kidnapping
14    (Section   10-1),   aggravated   kidnapping  (Section  10-2),
15    predatory  criminal  sexual  assault  of  a  child   (Section
16    12-14.1),  aggravated  criminal sexual abuse (Section 12-16),
17    unlawful  restraint  (Section  10-3),   aggravated   unlawful
18    restraint   (Section   10-3.1),   aggravated  arson  (Section
19    20-1.1),  or  aggravated  discharge  of  a  firearm  (Section
20    24-1.2), or any prior conviction under  the  law  of  another
21    jurisdiction for any offense that is substantially similar to
22    the  offenses  listed  in  this  Section,  when  any of these
23    offenses have been committed against a  family  or  household
24    member  as  defined in Section 112A-3 of the Code of Criminal
25    Procedure of  1963.  In  addition  to  any  other  sentencing
26    alternatives,  for  any  second  conviction of violating this
27    Section within 5 years of a previous conviction for violating
28    this Section, the offender shall be mandatorily sentenced  to
29    a  minimum  of  48  consecutive  hours  of imprisonment.  The
30    imprisonment shall not be subject to  suspension,  nor  shall
31    the  person  be eligible for probation in order to reduce the
32    sentence.
33        (c)  Domestic battery committed  in  the  presence  of  a
34    child.   In  addition to any other sentencing alternatives, a
 
                            -3-      LRB093 10319 RLC 12145 a
 1    defendant who commits, in the presence of a child,  a  felony
 2    domestic  battery (enhanced under subsection (b)), aggravated
 3    domestic  battery  (Section   12-3.3),   aggravated   battery
 4    (Section   12-4),   unlawful  restraint  (Section  10-3),  or
 5    aggravated unlawful  restraint  (Section  10-3.1)  against  a
 6    family  or  household member, as defined in Section 112A-3 of
 7    the Code of Criminal Procedure of 1963, shall be required  to
 8    serve  a mandatory minimum imprisonment of 10 days or perform
 9    300 hours of community service, or both.  The defendant shall
10    further be liable for the cost of any counseling required for
11    the child at the discretion of the court in  accordance  with
12    subsection  (b)  of  Section  5-5-6  of  the  Unified Code of
13    Corrections. For purposes of this Section,  "child"  means  a
14    person  under  16  years  of  age  who  is the defendant's or
15    victim's child or step-child or who is a minor child residing
16    within  the  household  of  the  defendant  or  victim.   For
17    purposes of this Section, "in the presence of a child"  means
18    in  the  physical  presence  of  a child or knowing or having
19    reason to know that a child is present and may see or hear an
20    act  constituting  one  of  the  offenses  listed   in   this
21    subsection.
22    (Source:  P.A.  91-112,  eff.  10-1-99;  91-262, eff. 1-1-00;
23    91-928,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-827,  eff.
24    8-22-02.)".