Full Text of HB2434 94th General Assembly
HB2434 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2434
Introduced 02/17/05, by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-3.2 |
from Ch. 38, par. 12-3.2 |
720 ILCS 5/12-3.3 |
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720 ILCS 5/12-30 |
from Ch. 38, par. 12-30 |
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Amends the Criminal Code of 1961. Increases the penalties for domestic battery and violation of an order of protection from a Class A misdemeanor to a Class 4 felony for a first offense and from a Class 4 felony for a second or subsequent conviction to a Class 3 felony. Increases the penalties for these offenses from a Class 4 felony to a Class 3 felony if the defendant had a prior conviction for certain specified offenses. Increases the penalties for aggravated domestic battery from a Class 2 felony to a Class 1 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 12-3.2, 12-3.3, and 12-30 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 intentionally | 9 |
| or knowingly
without legal justification by any means:
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| (1) Causes bodily harm to any family or household | 11 |
| member as defined in
subsection (3) of Section 112A-3 of | 12 |
| the Code of Criminal Procedure of 1963, as
amended;
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| (2) Makes physical contact of an insulting or provoking | 14 |
| nature with any
family or household member as defined in | 15 |
| subsection (3) of Section 112A-3
of the Code of Criminal | 16 |
| Procedure of 1963, as amended.
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| (b) Sentence. Domestic battery is a Class 4 felony
A | 18 |
| misdemeanor .
Domestic battery is a Class 3
4 felony if the | 19 |
| defendant has any
prior
conviction under this Code for domestic | 20 |
| battery (Section 12-3.2) or violation
of an order of protection | 21 |
| (Section 12-30), or any prior conviction under the
law of | 22 |
| another jurisdiction for an offense which is substantially | 23 |
| similar.
Domestic battery is a Class 3
4 felony
if the
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| defendant has any prior conviction under this Code for first | 25 |
| degree murder
(Section 9-1), attempt to
commit first degree | 26 |
| murder (Section 8-4), aggravated domestic battery (Section
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| 12-3.3), aggravated battery
(Section 12-4), heinous battery | 28 |
| (Section 12-4.1), aggravated battery with a
firearm (Section | 29 |
| 12-4.2), aggravated battery of a child (Section 12-4.3),
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| aggravated battery of
an unborn child (Section 12-4.4), | 31 |
| aggravated battery of a senior citizen
(Section 12-4.6), | 32 |
| stalking (Section 12-7.3), aggravated stalking (Section
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| 12-7.4), criminal sexual assault (Section 12-13), aggravated | 2 |
| criminal sexual
assault
(12-14), kidnapping (Section 10-1), | 3 |
| aggravated kidnapping (Section 10-2),
predatory criminal | 4 |
| sexual assault of a child (Section 12-14.1), aggravated
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| criminal sexual abuse (Section 12-16), unlawful restraint | 6 |
| (Section 10-3),
aggravated unlawful restraint (Section | 7 |
| 10-3.1), aggravated arson (Section
20-1.1), or aggravated | 8 |
| discharge of a firearm
(Section 24-1.2), or any prior | 9 |
| 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 or | 15 |
| subsequent conviction of violating this
Section, the
offender | 16 |
| shall be mandatorily sentenced to a minimum of 72
consecutive | 17 |
| hours of
imprisonment. The imprisonment shall not be subject to | 18 |
| suspension, nor shall
the person be eligible for probation in | 19 |
| order to reduce the sentence.
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| (c) Domestic battery committed in the presence of a child. | 21 |
| In addition to
any other sentencing alternatives, a defendant | 22 |
| who commits, in the presence of
a child, a felony domestic | 23 |
| battery (enhanced under subsection
(b)), aggravated domestic | 24 |
| battery (Section 12-3.3),
aggravated battery (Section 12-4), | 25 |
| unlawful restraint (Section
10-3), or aggravated unlawful | 26 |
| restraint (Section 10-3.1) against a family or
household | 27 |
| 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 | 29 |
| minimum imprisonment
of 10 days or perform 300 hours of | 30 |
| community service, or both. The defendant
shall further be | 31 |
| liable for the cost of any counseling required for the child
at | 32 |
| the discretion of the court in accordance
with subsection (b) | 33 |
| of Section 5-5-6 of the Unified Code of Corrections.
For | 34 |
| purposes of this Section, "child" means a person under 16 years | 35 |
| of age
who is the defendant's or victim's child or step-child | 36 |
| or who is a minor child
residing
within the household of the |
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| defendant or victim. For purposes of this Section,
"in the | 2 |
| presence of a child" means in the physical presence of a child | 3 |
| or
knowing or having reason to know that a child is present and | 4 |
| may see or hear an
act constituting one of the offenses listed | 5 |
| in this subsection.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. | 7 |
| 93-336, eff. 1-1-04; 93-809, eff. 1-1-05.)
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| (720 ILCS 5/12-3.3)
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| Sec. 12-3.3. Aggravated domestic battery.
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| (a) A person who, in committing a domestic battery, | 11 |
| intentionally or
knowingly causes great bodily harm, or | 12 |
| permanent disability or disfigurement
commits aggravated | 13 |
| domestic battery.
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| (b) Sentence. Aggravated domestic battery is a Class 1
2
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| felony. Any order
of probation or conditional discharge entered | 16 |
| following a conviction for an
offense under this Section must | 17 |
| include, in addition to any other condition of
probation or | 18 |
| conditional discharge, a condition that the offender serve a
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| mandatory term of imprisonment of not less than 60 consecutive | 20 |
| days. A person
convicted of a second or subsequent violation of | 21 |
| this Section must be
sentenced to a mandatory term of | 22 |
| imprisonment of not less than 3 years and not
more than 7 years | 23 |
| or an extended term of imprisonment of not less than 7 years
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| and not more than 14 years.
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| (Source: P.A. 91-445, eff. 1-1-00.)
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| (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
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| Sec. 12-30. Violation of an order of protection.
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| (a) A person commits violation of an order of protection | 29 |
| if:
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| (1) He or she commits an act which was prohibited by a | 31 |
| court or fails
to commit
an act which was ordered by a | 32 |
| court in violation of:
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| (i) a remedy in a valid
order of protection | 34 |
| authorized under paragraphs (1), (2), (3), (14),
or
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| (14.5) of
subsection (b) of Section 214 of the Illinois | 2 |
| Domestic Violence Act of 1986,
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| (ii) a remedy, which is substantially similar to | 4 |
| the remedies
authorized
under paragraphs (1), (2), | 5 |
| (3), (14) or (14.5) of subsection (b) of Section 214
of | 6 |
| the Illinois Domestic Violence Act of 1986, in a valid | 7 |
| order of protection,
which is authorized under the laws | 8 |
| of another state, tribe or United States
territory,
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| (iii) any other remedy when the act constitutes a | 10 |
| crime against the
protected parties
as the term | 11 |
| protected parties is defined in Section 112A-4 of the | 12 |
| Code of
Criminal Procedure of 1963; and
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| (2) Such violation occurs after the offender has been | 14 |
| served notice of
the contents of the order, pursuant to the | 15 |
| Illinois Domestic Violence
Act of 1986 or any substantially | 16 |
| similar statute of another state, tribe or
United
States | 17 |
| territory, or otherwise has acquired actual knowledge of | 18 |
| the contents
of the
order.
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| An order of protection issued by a state, tribal or | 20 |
| territorial
court
related to domestic or family violence shall | 21 |
| be deemed valid if the issuing
court had jurisdiction over the | 22 |
| parties and matter under the law of the state,
tribe or | 23 |
| territory. There shall be a presumption of validity where an | 24 |
| order is
certified and appears authentic on its face.
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| (a-5) Failure to provide reasonable notice and opportunity | 26 |
| to be heard
shall
be an affirmative defense to any charge or | 27 |
| process filed seeking enforcement of
a foreign order of | 28 |
| protection.
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| (b) For purposes of this Section, an "order of protection" | 30 |
| may have been
issued in a criminal or civil proceeding.
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| (c) Nothing in this Section shall be construed to diminish | 32 |
| the inherent
authority of the courts to enforce their lawful | 33 |
| orders through civil or
criminal contempt proceedings.
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| (d) Violation of an order of protection under subsection | 35 |
| (a) of this
Section is a Class 4 felony
A misdemeanor .
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| Violation of an order of protection under subsection (a) of |
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| this Section is a
Class 3
4 felony if the defendant has any | 2 |
| prior conviction under this Code for
domestic battery (Section | 3 |
| 12-3.2)
or violation of an order of protection (Section
12-30). | 4 |
| Violation of an order of protection is a Class 3
4 felony if | 5 |
| the
defendant has any prior conviction under this Code for
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| first degree murder (Section 9-1), attempt to commit first | 7 |
| degree murder
(Section 8-4), aggravated domestic battery | 8 |
| (Section 12-3.3),
aggravated battery
(Section 12-4),
heinous | 9 |
| battery (Section 12-4.1), aggravated battery with a firearm | 10 |
| (Section
12-4.2), aggravated battery of a child (Section | 11 |
| 12-4.3), aggravated battery of
an unborn child (Section | 12 |
| 12-4.4), aggravated battery of a senior citizen
(Section | 13 |
| 12-4.6),
stalking (Section 12-7.3), aggravated stalking | 14 |
| (Section
12-7.4),
criminal sexual assault (Section 12-13), | 15 |
| aggravated criminal sexual assault
(12-14), kidnapping | 16 |
| (Section 10-1), aggravated kidnapping (Section 10-2),
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| predatory criminal sexual assault of a child (Section 12-14.1),
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| aggravated criminal sexual abuse (Section 12-16),
unlawful | 19 |
| restraint (Section 10-3), aggravated unlawful restraint
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| (Section
10-3.1),
aggravated arson (Section 20-1.1), or | 21 |
| aggravated discharge of a firearm
(Section 24-1.2),
when any of | 22 |
| these offenses have been committed against a family or
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| household member as defined in Section 112A-3 of the Code of | 24 |
| Criminal Procedure
of 1963. The court shall impose a minimum | 25 |
| penalty of 24 hours imprisonment for
defendant's second or | 26 |
| subsequent violation of any order of protection; unless
the | 27 |
| court explicitly finds that an increased penalty or such period | 28 |
| of
imprisonment would be manifestly unjust. In addition to any | 29 |
| other penalties,
the court may order the defendant to pay a | 30 |
| fine as authorized under Section
5-9-1 of the Unified Code of | 31 |
| Corrections or to make restitution to the victim
under Section | 32 |
| 5-5-6 of the Unified Code of Corrections. In addition to any
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| other penalties, including those imposed by Section 5-9-1.5 of | 34 |
| the Unified Code
of Corrections, the court shall impose an | 35 |
| additional fine of $20 as authorized
by Section 5-9-1.11 of the | 36 |
| Unified Code of Corrections upon any person
convicted of or |
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HB2434 |
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LRB094 08075 RLC 38259 b |
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| placed on supervision for a violation of this
Section. The | 2 |
| additional fine shall
be imposed for each violation of this | 3 |
| Section.
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| (e) The limitations placed on law enforcement liability by | 5 |
| Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 6 |
| to actions taken under this
Section.
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| (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | 8 |
| 92-827, eff.
8-22-02.)
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