Full Text of HB0925 97th General Assembly
HB0925 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0925 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 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 a Section concerning domestic battery.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 changing | 5 | | 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 intentionally | 9 | | or knowingly
without legal justification by any means:
| 10 | | (1) Causes bodily harm to any family or household | 11 | | member as defined in
subsection (3) of Section 112A-3 of | 12 | | the
the Code of Criminal Procedure of 1963, as
amended;
| 13 | | (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.
| 17 | | (b) Sentence. Domestic battery is a Class A misdemeanor.
| 18 | | Domestic battery is a Class 4 felony if the defendant has any
| 19 | | prior
conviction under this Code for domestic battery (Section | 20 | | 12-3.2) or violation
of an order of protection (Section 12-30), | 21 | | or any prior conviction under the
law of another jurisdiction | 22 | | for an offense which is substantially similar.
Domestic battery | 23 | | is a Class 4 felony
if the
defendant has any prior conviction |
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| 1 | | under this Code for first degree murder
(Section 9-1), attempt | 2 | | to
commit first degree murder (Section 8-4), aggravated | 3 | | domestic battery (Section
12-3.3), aggravated battery
(Section | 4 | | 12-4), heinous battery (Section 12-4.1), aggravated battery | 5 | | with a
firearm (Section 12-4.2), aggravated battery of a child | 6 | | (Section 12-4.3),
aggravated battery of
an unborn child | 7 | | (Section 12-4.4), aggravated battery of a senior citizen
| 8 | | (Section 12-4.6), stalking (Section 12-7.3), aggravated | 9 | | stalking (Section
12-7.4), criminal sexual assault (Section | 10 | | 12-13), aggravated criminal sexual
assault
(12-14), kidnapping | 11 | | (Section 10-1), aggravated kidnapping (Section 10-2),
| 12 | | predatory criminal sexual assault of a child (Section 12-14.1), | 13 | | aggravated
criminal sexual abuse (Section 12-16), unlawful | 14 | | restraint (Section 10-3),
aggravated unlawful restraint | 15 | | (Section 10-3.1), aggravated arson (Section
20-1.1), or | 16 | | aggravated discharge of a firearm
(Section 24-1.2), or any | 17 | | prior conviction under the law of another
jurisdiction for any | 18 | | offense that is substantially similar to the offenses
listed in | 19 | | this Section, when any of these
offenses have been committed
| 20 | | against a
family or household member as defined in Section
| 21 | | 112A-3 of the Code of Criminal Procedure of 1963. In addition | 22 | | to any other
sentencing alternatives, for any second or | 23 | | subsequent conviction of violating this
Section, the
offender | 24 | | shall be mandatorily sentenced to a minimum of 72
consecutive | 25 | | hours of
imprisonment. The imprisonment shall not be subject to | 26 | | suspension, nor shall
the person be eligible for probation in |
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| 1 | | order to reduce the sentence.
| 2 | | (c) Domestic battery committed in the presence of a child. | 3 | | In addition to
any other sentencing alternatives, a defendant | 4 | | who commits, in the presence of
a child, a felony domestic | 5 | | battery (enhanced under subsection
(b)), aggravated domestic | 6 | | battery (Section 12-3.3),
aggravated battery (Section 12-4), | 7 | | unlawful restraint (Section
10-3), or aggravated unlawful | 8 | | restraint (Section 10-3.1) against a family or
household | 9 | | member, as defined in Section 112A-3 of the Code of Criminal
| 10 | | Procedure of 1963, shall be required to serve a mandatory | 11 | | minimum imprisonment
of 10 days or perform 300 hours of | 12 | | community service, or both. The defendant
shall further be | 13 | | liable for the cost of any counseling required for the child
at | 14 | | the discretion of the court in accordance
with subsection (b) | 15 | | of Section 5-5-6 of the Unified Code of Corrections.
For | 16 | | purposes of this Section, "child" means a person under 18
years | 17 | | of age
who is the defendant's or victim's child or step-child | 18 | | or who is a minor child
residing
within or visiting the | 19 | | household of the defendant or victim. For purposes of this | 20 | | Section,
"in the presence of a child" means in the physical | 21 | | presence of a child or
knowing or having reason to know that a | 22 | | child is present and may see or hear an
act constituting one of | 23 | | the offenses listed in this subsection.
| 24 | | (d) Upon conviction of domestic battery, the court shall | 25 | | advise the defendant orally or in writing, substantially as | 26 | | follows: "An individual convicted of domestic battery may be |
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| 1 | | subject to federal criminal penalties for possessing, | 2 | | transporting, shipping, or receiving any firearm or ammunition | 3 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | 4 | | 922(g)(8) and (9))." A notation shall be made in the court file | 5 | | that the admonition was given. | 6 | | (Source: P.A. 96-287, eff. 8-11-09.)
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