Full Text of SB2788 97th General Assembly
SB2788 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2788 Introduced 1/18/2012, by Sen. John J. Cullerton 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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| | | SB2788 | | LRB097 16195 RLC 61348 b |
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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 or she | 9 | | knowingly
without legal justification by any means:
| 10 | | (1) Causes bodily harm to any family or household | 11 | | member;
| 12 | | (2) Makes physical contact of an insulting or provoking | 13 | | nature with any
family or household member.
| 14 | | (b) Sentence. Domestic battery is a Class A misdemeanor.
| 15 | | Domestic battery is a Class 4 felony if the the defendant has | 16 | | any
prior
conviction under this Code for domestic battery | 17 | | (Section 12-3.2) or violation
of an order of protection | 18 | | (Section 12-3.4 or 12-30), or any prior conviction under the
| 19 | | law of another jurisdiction for an offense which is | 20 | | substantially similar.
Domestic battery is a Class 4 felony
if | 21 | | the
defendant has any prior conviction under this Code for | 22 | | first degree murder
(Section 9-1), attempt to
commit first | 23 | | degree murder (Section 8-4), aggravated domestic battery |
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| 1 | | (Section
12-3.3), aggravated battery
(Section 12-3.05 or | 2 | | 12-4), heinous battery (Section 12-4.1), aggravated battery | 3 | | with a
firearm (Section 12-4.2), aggravated battery with a | 4 | | machine gun or a firearm equipped with a silencer (Section | 5 | | 12-4.2-5), aggravated battery of a child (Section 12-4.3),
| 6 | | aggravated battery of
an unborn child (subsection (a-5) of | 7 | | Section 12-3.1, or Section 12-4.4), aggravated battery of a | 8 | | senior citizen
(Section 12-4.6), stalking (Section 12-7.3), | 9 | | aggravated stalking (Section
12-7.4), criminal sexual assault | 10 | | (Section 11-1.20 or 12-13), aggravated criminal sexual
assault
| 11 | | (Section 11-1.30 or 12-14), kidnapping (Section 10-1), | 12 | | aggravated kidnapping (Section 10-2),
predatory criminal | 13 | | sexual assault of a child (Section 11-1.40 or 12-14.1), | 14 | | aggravated
criminal sexual abuse (Section 11-1.60 or 12-16), | 15 | | unlawful restraint (Section 10-3),
aggravated unlawful | 16 | | restraint (Section 10-3.1), aggravated arson (Section
20-1.1), | 17 | | or aggravated discharge of a firearm
(Section 24-1.2), or any | 18 | | prior conviction under the law of another
jurisdiction for any | 19 | | offense that is substantially similar to the offenses
listed in | 20 | | this Section, when any of these
offenses have been committed
| 21 | | against a
family or household member. In addition to any other
| 22 | | sentencing alternatives, for any second or subsequent | 23 | | conviction of violating this
Section, the
offender shall be | 24 | | mandatorily sentenced to a minimum of 72
consecutive hours of
| 25 | | 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 12-3.05 | 7 | | or 12-4), unlawful restraint (Section
10-3), or aggravated | 8 | | unlawful restraint (Section 10-3.1) against a family or
| 9 | | household member shall be required to serve a mandatory minimum | 10 | | imprisonment
of 10 days or perform 300 hours of community | 11 | | service, or both. The defendant
shall further be liable for the | 12 | | cost of any counseling required for the child
at the discretion | 13 | | of the court in accordance
with subsection (b) of Section 5-5-6 | 14 | | of the Unified Code of Corrections.
For purposes of this | 15 | | Section, "child" means a person under 18
years of age
who is | 16 | | the defendant's or victim's child or step-child or who is a | 17 | | minor child
residing
within or visiting the household of the | 18 | | defendant or victim.
| 19 | | (d) Upon conviction of domestic battery, the court shall | 20 | | advise the defendant orally or in writing, substantially as | 21 | | follows: "An individual convicted of domestic battery may be | 22 | | subject to federal criminal penalties for possessing, | 23 | | transporting, shipping, or receiving any firearm or ammunition | 24 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | 25 | | 922(g)(8) and (9))." A notation shall be made in the court file | 26 | | that the admonition was given. |
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| 1 | | (Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section | 2 | | 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; | 3 | | revised 9-30-11.) |
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