Full Text of HB3108 98th General Assembly
HB3108 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3108 Introduced , by Rep. Joe Sosnowski 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 2012. Increases the penalty for domestic battery from a Class 4 to Class 3 felony if the defendant has any
prior
conviction under the Code for domestic battery or violation
of an order of protection, or any prior conviction under the
law of another jurisdiction for an offense which is substantially similar.
Also, increases the penalty for domestic battery from a Class 4 to Class 3 felony if the defendant has any prior conviction under the Code for first degree murder, attempt to
commit first degree murder, aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a
firearm, aggravated battery with a machine gun or a firearm equipped with a silencer, aggravated battery of a child,
aggravated battery of
an unborn child, or aggravated battery of a senior citizen, stalking, aggravated stalking, criminal sexual assault, aggravated criminal sexual
assault, kidnapping, aggravated kidnapping,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, unlawful restraint,
aggravated unlawful restraint, aggravated arson, or aggravated discharge of a firearm, or any prior conviction under the law of another
jurisdiction for any offense that is substantially similar to these offenses, when any of these
offenses have been committed
against a
family or household member.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3108 | | LRB098 10018 RLC 40177 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 2012 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 3 4 felony if the defendant has any
| 16 | | prior
conviction under this Code for domestic battery (Section | 17 | | 12-3.2) or violation
of an order of protection (Section 12-3.4 | 18 | | or 12-30), or any prior conviction under the
law of another | 19 | | jurisdiction for an offense which is substantially similar.
| 20 | | Domestic battery is a Class 3 4 felony
if the
defendant has any | 21 | | prior conviction under this Code for first degree murder
| 22 | | (Section 9-1), attempt to
commit first degree murder (Section | 23 | | 8-4), aggravated domestic battery (Section
12-3.3), aggravated |
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| 1 | | battery
(Section 12-3.05 or 12-4), heinous battery (Section | 2 | | 12-4.1), aggravated battery with a
firearm (Section 12-4.2), | 3 | | aggravated battery with a machine gun or a firearm equipped | 4 | | with a silencer (Section 12-4.2-5), aggravated battery of a | 5 | | child (Section 12-4.3),
aggravated battery of
an unborn child | 6 | | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), | 7 | | aggravated battery of a senior citizen
(Section 12-4.6), | 8 | | stalking (Section 12-7.3), aggravated stalking (Section
| 9 | | 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), | 10 | | aggravated criminal sexual
assault
(Section 11-1.30 or 12-14), | 11 | | kidnapping (Section 10-1), aggravated kidnapping (Section | 12 | | 10-2),
predatory criminal sexual assault of a child (Section | 13 | | 11-1.40 or 12-14.1), aggravated
criminal sexual abuse (Section | 14 | | 11-1.60 or 12-16), unlawful restraint (Section 10-3),
| 15 | | aggravated unlawful restraint (Section 10-3.1), aggravated | 16 | | arson (Section
20-1.1), or aggravated discharge of a firearm
| 17 | | (Section 24-1.2), or any prior conviction under the law of | 18 | | another
jurisdiction for any offense that is substantially | 19 | | similar to the offenses
listed in this Section, when any of | 20 | | these
offenses have been committed
against a
family or | 21 | | household member. In addition to any other
sentencing | 22 | | alternatives, for any second or subsequent conviction of | 23 | | violating this
Section, the
offender shall be mandatorily | 24 | | sentenced to a minimum of 72
consecutive hours of
imprisonment. | 25 | | The imprisonment shall not be subject to suspension, nor shall
| 26 | | the person be eligible for probation in order to reduce the |
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| 1 | | 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 | | 97-1109, eff. 1-1-13.)
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