093_HB3116

 
                                     LRB093 06925 RLC 07071 b

 1        AN ACT in relation to 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
 5    changing 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
 9    intentionally or knowingly without legal justification by any
10    means:
11             (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;
14             (2)  Makes  physical  contact  of  an  insulting  or
15        provoking  nature  with any family or household member as
16        defined in subsection (3) of Section 112A-3 of  the  Code
17        of Criminal Procedure of 1963, as amended.
18        (b)  Sentence.    Domestic   battery   is   a   Class   A
19    Misdemeanor.  Domestic  battery  is  a  Class 4 felony if the
20    defendant has  any  prior  conviction  under  this  Code  for
21    domestic battery (Section 12-3.2) or violation of an order of
22    protection  (Section  12-30).  Domestic  battery is a Class 4
23    felony if the defendant has any prior conviction  under  this
24    Code for first degree murder (Section 9-1), attempt to commit
25    first   degree  murder  (Section  8-4),  aggravated  domestic
26    battery (Section 12-3.3), aggravated battery (Section  12-4),
27    heinous  battery  (Section 12-4.1), aggravated battery with a
28    firearm (Section  12-4.2),  aggravated  battery  of  a  child
29    (Section  12-4.3),  aggravated  battery  of  an  unborn child
30    (Section 12-4.4), aggravated  battery  of  a  senior  citizen
31    (Section   12-4.6),  stalking  (Section  12-7.3),  aggravated
 
                            -2-      LRB093 06925 RLC 07071 b
 1    stalking (Section 12-7.4), criminal sexual  assault  (Section
 2    12-13),   aggravated   criminal   sexual   assault   (12-14),
 3    kidnapping  (Section  10-1),  aggravated  kidnapping (Section
 4    10-2), predatory criminal sexual assault of a child  (Section
 5    12-14.1),  aggravated  criminal sexual abuse (Section 12-16),
 6    unlawful  restraint  (Section  10-3),   aggravated   unlawful
 7    restraint   (Section   10-3.1),   aggravated  arson  (Section
 8    20-1.1),  or  aggravated  discharge  of  a  firearm  (Section
 9    24-1.2), when any  of  these  offenses  have  been  committed
10    against  a  family  or household member as defined in Section
11    112A-3 of the Code of Criminal Procedure  of  1963.  Domestic
12    battery  committed in the presence of a person under 18 years
13    of age is a Class 4 felony for a first conviction and a Class
14    3 felony for a second or subsequent conviction.  In  addition
15    to   any   other  sentencing  alternatives,  for  any  second
16    conviction of violating this Section  within  5  years  of  a
17    previous  conviction for violating this Section, the offender
18    shall be mandatorily sentenced to a minimum of 48 consecutive
19    hours of imprisonment.  The imprisonment shall not be subject
20    to suspension, nor shall the person be eligible for probation
21    in order to reduce the sentence.
22        (c)  Domestic battery committed  in  the  presence  of  a
23    child.   In  addition to any other sentencing alternatives, a
24    defendant who commits, in the presence of a child,  a  felony
25    domestic  battery (enhanced under subsection (b)), aggravated
26    domestic  battery  (Section   12-3.3),   aggravated   battery
27    (Section   12-4),   unlawful  restraint  (Section  10-3),  or
28    aggravated unlawful  restraint  (Section  10-3.1)  against  a
29    family  or  household member, as defined in Section 112A-3 of
30    the Code of Criminal Procedure of 1963, shall be required  to
31    serve  a mandatory minimum imprisonment of 10 days or perform
32    300 hours of community service, or both.  The defendant shall
33    further be liable for the cost of any counseling required for
34    the child at the discretion of the court in  accordance  with
 
                            -3-      LRB093 06925 RLC 07071 b
 1    subsection  (b)  of  Section  5-5-6  of  the  Unified Code of
 2    Corrections. For purposes of this Section,  "child"  means  a
 3    person  under  16  years  of  age  who  is the defendant's or
 4    victim's child or step-child or who is a minor child residing
 5    within  the  household  of  the  defendant  or  victim.   For
 6    purposes of this Section, "in the presence of a child"  means
 7    in  the  physical  presence  of  a child or knowing or having
 8    reason to know that a child is present and may see or hear an
 9    act  constituting  one  of  the  offenses  listed   in   this
10    subsection.
11    (Source:  P.A.  91-112,  eff.  10-1-99;  91-262, eff. 1-1-00;
12    91-928,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-827,  eff.
13    8-22-02.)