Full Text of SB2388 93rd General Assembly
SB2388 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2388
Introduced 2/3/2004, by William R. Haine SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-3.2 |
from Ch. 38, par. 12-3.2 |
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Amends the Criminal Code of 1961. Makes a technical change in the statute
relating to domestic battery.
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A BILL FOR
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SB2388 |
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LRB093 19074 RLC 44809 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 12-3.2 as follows:
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| (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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| Sec. 12-3.2. Domestic Battery.
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| (a) A person commits domestic battery if he or she | 9 |
| intentionally or
knowingly
without legal justification by any | 10 |
| means:
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| (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;
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| (2) Makes physical contact of an insulting or provoking | 15 |
| nature with any
family or household member as defined in | 16 |
| subsection (3) of Section 112A-3
of the Code of Criminal | 17 |
| Procedure of 1963, as amended.
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| (b) Sentence. Domestic battery is a Class A Misdemeanor.
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| Domestic battery is a Class 4 felony if the defendant has any
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| prior
conviction under this Code for domestic battery (Section | 21 |
| 12-3.2) or violation
of an order of protection (Section 12-30), | 22 |
| or any prior conviction under the
law of another jurisdiction | 23 |
| for an offense which is substantially similar.
Domestic battery | 24 |
| is a Class 4 felony
if the
defendant has any prior conviction | 25 |
| under this Code for first degree murder
(Section 9-1), attempt | 26 |
| to
commit first degree murder (Section 8-4), aggravated | 27 |
| domestic battery (Section
12-3.3), aggravated battery
(Section | 28 |
| 12-4), heinous battery (Section 12-4.1), aggravated battery | 29 |
| with a
firearm (Section 12-4.2), aggravated battery of a child | 30 |
| (Section 12-4.3),
aggravated battery of
an unborn child | 31 |
| (Section 12-4.4), aggravated battery of a senior citizen
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| (Section 12-4.6), stalking (Section 12-7.3), aggravated |
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SB2388 |
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LRB093 19074 RLC 44809 b |
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| stalking (Section
12-7.4), criminal sexual assault (Section | 2 |
| 12-13), aggravated criminal sexual
assault
(12-14), kidnapping | 3 |
| (Section 10-1), aggravated kidnapping (Section 10-2),
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| predatory criminal sexual assault of a child (Section 12-14.1), | 5 |
| aggravated
criminal sexual abuse (Section 12-16), unlawful | 6 |
| restraint (Section 10-3),
aggravated unlawful restraint | 7 |
| (Section 10-3.1), aggravated arson (Section
20-1.1), or | 8 |
| aggravated discharge of a firearm
(Section 24-1.2), or any | 9 |
| prior conviction under the law of another
jurisdiction for any | 10 |
| offense that is substantially similar to the offenses
listed in | 11 |
| this Section, when any of these
offenses have been committed
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| against a
family or household member as defined in Section
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| 112A-3 of the Code of Criminal Procedure of 1963. In addition | 14 |
| to any other
sentencing alternatives, for any second conviction | 15 |
| of violating this
Section within 5 years of a previous | 16 |
| conviction for violating this Section, the
offender shall be | 17 |
| mandatorily sentenced to a minimum of 48 consecutive hours of
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| imprisonment. The imprisonment shall not be subject to | 19 |
| suspension, nor shall
the person be eligible for probation in | 20 |
| order to reduce the sentence.
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| (c) Domestic battery committed in the presence of a child. | 22 |
| In addition to
any other sentencing alternatives, a defendant | 23 |
| who commits, in the presence of
a child, a felony domestic | 24 |
| battery (enhanced under subsection
(b)), aggravated domestic | 25 |
| battery (Section 12-3.3),
aggravated battery (Section 12-4), | 26 |
| unlawful restraint (Section
10-3), or aggravated unlawful | 27 |
| restraint (Section 10-3.1) against a family or
household | 28 |
| member, as defined in Section 112A-3 of the Code of Criminal
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| Procedure of 1963, shall be required to serve a mandatory | 30 |
| minimum imprisonment
of 10 days or perform 300 hours of | 31 |
| community service, or both. The defendant
shall further be | 32 |
| liable for the cost of any counseling required for the child
at | 33 |
| the discretion of the court in accordance
with subsection (b) | 34 |
| of Section 5-5-6 of the Unified Code of Corrections.
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| purposes of this Section, "child" means a person under 16 years | 36 |
| of age
who is the defendant's or victim's child or step-child |
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SB2388 |
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LRB093 19074 RLC 44809 b |
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| or who is a minor child
residing
within the household of the | 2 |
| defendant or victim. For purposes of this Section,
"in the | 3 |
| presence of a child" means in the physical presence of a child | 4 |
| or
knowing or having reason to know that a child is present and | 5 |
| may see or hear an
act constituting one of the offenses listed | 6 |
| in this subsection.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. | 8 |
| 93-336, eff.
1-1-04.)
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