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90_HB3510
720 ILCS 5/12-3.3 new
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961. Creates the offense of
aggravated domestic battery. Defines the offense as
committing a domestic battery by violating an order of
protection by causing great bodily harm, permanent
disability, or disfigurement to a family or household member.
Provides that the penalty is a Class 2 felony. Amends the
Unified Code of Corrections. Provides that a person
convicted of a second or subsequent offense of aggravated
domestic battery is ineligible for probation, conditional
discharge, or periodic imprisonment.
LRB9009650RCpc
LRB9009650RCpc
1 AN ACT to create the offense of aggravated domestic
2 battery, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 12-3.3 as follows:
7 (720 ILCS 5/12-3.3 new)
8 Sec. 12-3.3. Aggravated domestic battery.
9 (a) A person who, in committing a domestic battery,
10 violates an order of protection that is currently in effect
11 by causing great bodily harm, permanent disability, or
12 disfigurement to a family or household member as defined in
13 subsection (3) of Section 112A-3 of the Code of Criminal
14 Procedure of 1963 commits the offense of aggravated domestic
15 battery.
16 (b) Sentence. Aggravated domestic battery is a Class 2
17 felony.
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 5-5-3 as follows:
20 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
21 Sec. 5-5-3. Disposition.
22 (a) Every person convicted of an offense shall be
23 sentenced as provided in this Section.
24 (b) The following options shall be appropriate
25 dispositions, alone or in combination, for all felonies and
26 misdemeanors other than those identified in subsection (c) of
27 this Section:
28 (1) A period of probation.
29 (2) A term of periodic imprisonment.
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1 (3) A term of conditional discharge.
2 (4) A term of imprisonment.
3 (5) An order directing the offender to clean up and
4 repair the damage, if the offender was convicted under
5 paragraph (h) of Section 21-1 of the Criminal Code of
6 1961.
7 (6) A fine.
8 (7) An order directing the offender to make
9 restitution to the victim under Section 5-5-6 of this
10 Code.
11 (8) A sentence of participation in a county impact
12 incarceration program under Section 5-8-1.2 of this Code.
13 Whenever an individual is sentenced for an offense based
14 upon an arrest for a violation of Section 11-501 of the
15 Illinois Vehicle Code, or a similar provision of a local
16 ordinance, and the professional evaluation recommends
17 remedial or rehabilitative treatment or education, neither
18 the treatment nor the education shall be the sole disposition
19 and either or both may be imposed only in conjunction with
20 another disposition. The court shall monitor compliance with
21 any remedial education or treatment recommendations contained
22 in the professional evaluation. Programs conducting alcohol
23 or other drug evaluation or remedial education must be
24 licensed by the Department of Human Services. However, if
25 the individual is not a resident of Illinois, the court may
26 accept an alcohol or other drug evaluation or remedial
27 education program in the state of such individual's
28 residence. Programs providing treatment must be licensed
29 under existing applicable alcoholism and drug treatment
30 licensure standards.
31 In addition to any other fine or penalty required by law,
32 any individual convicted of a violation of Section 11-501 of
33 the Illinois Vehicle Code or a similar provision of local
34 ordinance, whose operation of a motor vehicle while in
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1 violation of Section 11-501 or such ordinance proximately
2 caused an incident resulting in an appropriate emergency
3 response, shall be required to make restitution to a public
4 agency for the costs of that emergency response. Such
5 restitution shall not exceed $500 per public agency for each
6 such emergency response. For the purpose of this paragraph,
7 emergency response shall mean any incident requiring a
8 response by: a police officer as defined under Section 1-162
9 of the Illinois Vehicle Code; a fireman carried on the rolls
10 of a regularly constituted fire department; and an ambulance
11 as defined under Section 4.05 of the Emergency Medical
12 Services (EMS) Systems Act.
13 Neither a fine nor restitution shall be the sole
14 disposition for a felony and either or both may be imposed
15 only in conjunction with another disposition.
16 (c) (1) When a defendant is found guilty of first degree
17 murder the State may either seek a sentence of
18 imprisonment under Section 5-8-1 of this Code, or where
19 appropriate seek a sentence of death under Section 9-1 of
20 the Criminal Code of 1961.
21 (2) A period of probation, a term of periodic
22 imprisonment or conditional discharge shall not be
23 imposed for the following offenses. The court shall
24 sentence the offender to not less than the minimum term
25 of imprisonment set forth in this Code for the following
26 offenses, and may order a fine or restitution or both in
27 conjunction with such term of imprisonment:
28 (A) First degree murder where the death
29 penalty is not imposed.
30 (B) Attempted first degree murder.
31 (C) A Class X felony.
32 (D) A violation of Section 401.1 or 407 of the
33 Illinois Controlled Substances Act, or a violation
34 of subdivision (c)(2) of Section 401 of that Act
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1 which relates to more than 5 grams of a substance
2 containing cocaine or an analog thereof.
3 (E) A violation of Section 5.1 or 9 of the
4 Cannabis Control Act.
5 (F) A Class 2 or greater felony if the
6 offender had been convicted of a Class 2 or greater
7 felony within 10 years of the date on which he
8 committed the offense for which he is being
9 sentenced.
10 (G) Residential burglary.
11 (H) Criminal sexual assault, except as
12 otherwise provided in subsection (e) of this
13 Section.
14 (I) Aggravated battery of a senior citizen.
15 (J) A forcible felony if the offense was
16 related to the activities of an organized gang.
17 Before July 1, 1994, for the purposes of this
18 paragraph, "organized gang" means an association of
19 5 or more persons, with an established hierarchy,
20 that encourages members of the association to
21 perpetrate crimes or provides support to the members
22 of the association who do commit crimes.
23 Beginning July 1, 1994, for the purposes of
24 this paragraph, "organized gang" has the meaning
25 ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (K) Vehicular hijacking.
28 (L) A second or subsequent conviction for the
29 offense of hate crime when the underlying offense
30 upon which the hate crime is based is felony
31 aggravated assault or felony mob action.
32 (M) A second or subsequent conviction for the
33 offense of institutional vandalism if the damage to
34 the property exceeds $300.
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1 (N) A Class 3 felony violation of paragraph
2 (1) of subsection (a) of Section 2 of the Firearm
3 Owners Identification Card Act.
4 (O) A violation of Section 12-6.1 of the
5 Criminal Code of 1961.
6 (P) A violation of paragraph (1), (2), (3),
7 (4), (5), or (7) of subsection (a) of Section
8 11-20.1 of the Criminal Code of 1961.
9 (Q) A second or subsequent conviction for the
10 offense of aggravated domestic battery.
11 (3) A minimum term of imprisonment of not less than
12 48 consecutive hours or 100 hours of community service as
13 may be determined by the court shall be imposed for a
14 second or subsequent violation committed within 5 years
15 of a previous violation of Section 11-501 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance.
17 (4) A minimum term of imprisonment of not less than
18 7 consecutive days or 30 days of community service shall
19 be imposed for a violation of paragraph (c) of Section
20 6-303 of the Illinois Vehicle Code.
21 (4.1) A minimum term of 30 consecutive days of
22 imprisonment, 40 days of 24 hour periodic imprisonment or
23 720 hours of community service, as may be determined by
24 the court, shall be imposed for a violation of Section
25 11-501 of the Illinois Vehicle Code during a period in
26 which the defendant's driving privileges are revoked or
27 suspended, where the revocation or suspension was for a
28 violation of Section 11-501 or Section 11-501.1 of that
29 Code.
30 (5) The court may sentence an offender convicted of
31 a business offense or a petty offense or a corporation or
32 unincorporated association convicted of any offense to:
33 (A) a period of conditional discharge;
34 (B) a fine;
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1 (C) make restitution to the victim under
2 Section 5-5-6 of this Code.
3 (6) In no case shall an offender be eligible for a
4 disposition of probation or conditional discharge for a
5 Class 1 felony committed while he was serving a term of
6 probation or conditional discharge for a felony.
7 (7) When a defendant is adjudged a habitual
8 criminal under Article 33B of the Criminal Code of 1961,
9 the court shall sentence the defendant to a term of
10 natural life imprisonment.
11 (8) When a defendant, over the age of 21 years, is
12 convicted of a Class 1 or Class 2 felony, after having
13 twice been convicted of any Class 2 or greater Class
14 felonies in Illinois, and such charges are separately
15 brought and tried and arise out of different series of
16 acts, such defendant shall be sentenced as a Class X
17 offender. This paragraph shall not apply unless (1) the
18 first felony was committed after the effective date of
19 this amendatory Act of 1977; and (2) the second felony
20 was committed after conviction on the first; and (3) the
21 third felony was committed after conviction on the
22 second.
23 (9) A defendant convicted of a second or subsequent
24 offense of ritualized abuse of a child may be sentenced
25 to a term of natural life imprisonment.
26 (10) Beginning July 1, 1994, unless sentencing
27 under Section 33B-1 is applicable, a term of imprisonment
28 of not less than 15 years nor more than 50 years shall be
29 imposed on a defendant who violates Section 33A-2 of the
30 Criminal Code of 1961 with a firearm, when that person
31 has been convicted in any state or federal court of 3 or
32 more of the following offenses: treason, first degree
33 murder, second degree murder, aggravated criminal sexual
34 assault, criminal sexual assault, robbery, burglary,
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1 arson, kidnaping, aggravated battery resulting in great
2 bodily harm or permanent disability or disfigurement, or
3 a violation of Section 401(a) of the Illinois Controlled
4 Substances Act, when the third offense was committed
5 after conviction on the second, the second offense was
6 committed after conviction on the first, and the
7 violation of Section 33A-2 of the Criminal Code of 1961
8 was committed after conviction on the third.
9 (11) Beginning July 1, 1994, a term of imprisonment
10 of not less than 10 years and not more than 30 years
11 shall be imposed on a defendant who violates Section
12 33A-2 with a Category I weapon where the offense was
13 committed in any school, or any conveyance owned, leased,
14 or contracted by a school to transport students to or
15 from school or a school related activity, on the real
16 property comprising any school or public park, and where
17 the offense was related to the activities of an organized
18 gang. For the purposes of this paragraph (11),
19 "organized gang" has the meaning ascribed to it in
20 Section 10 of the Illinois Streetgang Terrorism Omnibus
21 Prevention Act.
22 (d) In any case in which a sentence originally imposed
23 is vacated, the case shall be remanded to the trial court.
24 The trial court shall hold a hearing under Section 5-4-1 of
25 the Unified Code of Corrections which may include evidence of
26 the defendant's life, moral character and occupation during
27 the time since the original sentence was passed. The trial
28 court shall then impose sentence upon the defendant. The
29 trial court may impose any sentence which could have been
30 imposed at the original trial subject to Section 5-5-4 of the
31 Unified Code of Corrections.
32 (e) In cases where prosecution for criminal sexual
33 assault or aggravated criminal sexual abuse under Section
34 12-13 or 12-16 of the Criminal Code of 1961 results in
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1 conviction of a defendant who was a family member of the
2 victim at the time of the commission of the offense, the
3 court shall consider the safety and welfare of the victim and
4 may impose a sentence of probation only where:
5 (1) the court finds (A) or (B) or both are
6 appropriate:
7 (A) the defendant is willing to undergo a
8 court approved counseling program for a minimum
9 duration of 2 years; or
10 (B) the defendant is willing to participate in
11 a court approved plan including but not limited to
12 the defendant's:
13 (i) removal from the household;
14 (ii) restricted contact with the victim;
15 (iii) continued financial support of the
16 family;
17 (iv) restitution for harm done to the
18 victim; and
19 (v) compliance with any other measures
20 that the court may deem appropriate; and
21 (2) the court orders the defendant to pay for the
22 victim's counseling services, to the extent that the
23 court finds, after considering the defendant's income and
24 assets, that the defendant is financially capable of
25 paying for such services, if the victim was under 18
26 years of age at the time the offense was committed and
27 requires counseling as a result of the offense.
28 Probation may be revoked or modified pursuant to Section
29 5-6-4; except where the court determines at the hearing that
30 the defendant violated a condition of his or her probation
31 restricting contact with the victim or other family members
32 or commits another offense with the victim or other family
33 members, the court shall revoke the defendant's probation and
34 impose a term of imprisonment.
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1 For the purposes of this Section, "family member" and
2 "victim" shall have the meanings ascribed to them in Section
3 12-12 of the Criminal Code of 1961.
4 (f) This Article shall not deprive a court in other
5 proceedings to order a forfeiture of property, to suspend or
6 cancel a license, to remove a person from office, or to
7 impose any other civil penalty.
8 (g) Whenever a defendant is convicted of an offense
9 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
10 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
11 12-15 or 12-16 of the Criminal Code of 1961, the defendant
12 shall undergo medical testing to determine whether the
13 defendant has any sexually transmissible disease, including a
14 test for infection with human immunodeficiency virus (HIV) or
15 any other identified causative agent of acquired
16 immunodeficiency syndrome (AIDS). Any such medical test
17 shall be performed only by appropriately licensed medical
18 practitioners and may include an analysis of any bodily
19 fluids as well as an examination of the defendant's person.
20 Except as otherwise provided by law, the results of such test
21 shall be kept strictly confidential by all medical personnel
22 involved in the testing and must be personally delivered in a
23 sealed envelope to the judge of the court in which the
24 conviction was entered for the judge's inspection in camera.
25 Acting in accordance with the best interests of the victim
26 and the public, the judge shall have the discretion to
27 determine to whom, if anyone, the results of the testing may
28 be revealed. The court shall notify the defendant of the test
29 results. The court shall also notify the victim if requested
30 by the victim, and if the victim is under the age of 15 and
31 if requested by the victim's parents or legal guardian, the
32 court shall notify the victim's parents or legal guardian of
33 the test results. The court shall provide information on the
34 availability of HIV testing and counseling at Department of
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1 Public Health facilities to all parties to whom the results
2 of the testing are revealed and shall direct the State's
3 Attorney to provide the information to the victim when
4 possible. A State's Attorney may petition the court to obtain
5 the results of any HIV test administered under this Section,
6 and the court shall grant the disclosure if the State's
7 Attorney shows it is relevant in order to prosecute a charge
8 of criminal transmission of HIV under Section 12-16.2 of the
9 Criminal Code of 1961 against the defendant. The court shall
10 order that the cost of any such test shall be paid by the
11 county and may be taxed as costs against the convicted
12 defendant.
13 (g-5) When an inmate is tested for an airborne
14 communicable disease, as determined by the Illinois
15 Department of Public Health including but not limited to
16 tuberculosis, the results of the test shall be personally
17 delivered by the warden or his or her designee in a sealed
18 envelope to the judge of the court in which the inmate must
19 appear for the judge's inspection in camera if requested by
20 the judge. Acting in accordance with the best interests of
21 those in the courtroom, the judge shall have the discretion
22 to determine what if any precautions need to be taken to
23 prevent transmission of the disease in the courtroom.
24 (h) Whenever a defendant is convicted of an offense
25 under Section 1 or 2 of the Hypodermic Syringes and Needles
26 Act, the defendant shall undergo medical testing to determine
27 whether the defendant has been exposed to human
28 immunodeficiency virus (HIV) or any other identified
29 causative agent of acquired immunodeficiency syndrome (AIDS).
30 Except as otherwise provided by law, the results of such test
31 shall be kept strictly confidential by all medical personnel
32 involved in the testing and must be personally delivered in a
33 sealed envelope to the judge of the court in which the
34 conviction was entered for the judge's inspection in camera.
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1 Acting in accordance with the best interests of the public,
2 the judge shall have the discretion to determine to whom, if
3 anyone, the results of the testing may be revealed. The court
4 shall notify the defendant of a positive test showing an
5 infection with the human immunodeficiency virus (HIV). The
6 court shall provide information on the availability of HIV
7 testing and counseling at Department of Public Health
8 facilities to all parties to whom the results of the testing
9 are revealed and shall direct the State's Attorney to provide
10 the information to the victim when possible. A State's
11 Attorney may petition the court to obtain the results of any
12 HIV test administered under this Section, and the court
13 shall grant the disclosure if the State's Attorney shows it
14 is relevant in order to prosecute a charge of criminal
15 transmission of HIV under Section 12-16.2 of the Criminal
16 Code of 1961 against the defendant. The court shall order
17 that the cost of any such test shall be paid by the county
18 and may be taxed as costs against the convicted defendant.
19 (i) All fines and penalties imposed under this Section
20 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
21 Vehicle Code, or a similar provision of a local ordinance,
22 and any violation of the Child Passenger Protection Act, or a
23 similar provision of a local ordinance, shall be collected
24 and disbursed by the circuit clerk as provided under Section
25 27.5 of the Clerks of Courts Act.
26 (j) In cases when prosecution for any violation of
27 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
28 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
29 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
30 12-16 of the Criminal Code of 1961, any violation of the
31 Illinois Controlled Substances Act, or any violation of the
32 Cannabis Control Act results in conviction, a disposition of
33 court supervision, or an order of probation granted under
34 Section 10 of the Cannabis Control Act or Section 410 of the
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1 Illinois Controlled Substance Act of a defendant, the court
2 shall determine whether the defendant is employed by a
3 facility or center as defined under the Child Care Act of
4 1969, a public or private elementary or secondary school, or
5 otherwise works with children under 18 years of age on a
6 daily basis. When a defendant is so employed, the court
7 shall order the Clerk of the Court to send a copy of the
8 judgment of conviction or order of supervision or probation
9 to the defendant's employer by certified mail. If the
10 employer of the defendant is a school, the Clerk of the Court
11 shall direct the mailing of a copy of the judgment of
12 conviction or order of supervision or probation to the
13 appropriate regional superintendent of schools. The regional
14 superintendent of schools shall notify the State Board of
15 Education of any notification under this subsection.
16 (j-5) A defendant at least 17 years of age who is
17 convicted of a felony and who has not been previously
18 convicted of a misdemeanor or felony and who is sentenced to
19 a term of imprisonment in the Illinois Department of
20 Corrections shall as a condition of his or her sentence be
21 required by the court to attend educational courses designed
22 to prepare the defendant for a high school diploma and to
23 work toward a high school diploma or to work toward passing
24 the high school level Test of General Educational Development
25 (GED) or to work toward completing a vocational training
26 program offered by the Department of Corrections. If a
27 defendant fails to complete the educational training required
28 by his or her sentence during the term of incarceration, the
29 Prisoner Review Board shall, as a condition of mandatory
30 supervised release, require the defendant, at his or her own
31 expense, to pursue a course of study toward a high school
32 diploma or passage of the GED test. The Prisoner Review
33 Board shall revoke the mandatory supervised release of a
34 defendant who wilfully fails to comply with this subsection
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1 (j-5) upon his or her release from confinement in a penal
2 institution while serving a mandatory supervised release
3 term; however, the inability of the defendant after making a
4 good faith effort to obtain financial aid or pay for the
5 educational training shall not be deemed a wilful failure to
6 comply. The Prisoner Review Board shall recommit the
7 defendant whose mandatory supervised release term has been
8 revoked under this subsection (j-5) as provided in Section
9 3-3-9. This subsection (j-5) does not apply to a defendant
10 who has a high school diploma or has successfully passed the
11 GED test. This subsection (j-5) does not apply to a defendant
12 who is determined by the court to be developmentally disabled
13 or otherwise mentally incapable of completing the educational
14 or vocational program.
15 (k) A court may not impose a sentence or disposition for
16 a felony or misdemeanor that requires the defendant to be
17 implanted or injected with or to use any form of birth
18 control.
19 (l)(A) Except as provided in paragraph (C) of subsection
20 (l), whenever a defendant, who is an alien as defined by the
21 Immigration and Nationality Act, is convicted of any felony
22 or misdemeanor offense, the court after sentencing the
23 defendant may, upon motion of the State's Attorney, hold
24 sentence in abeyance and remand the defendant to the custody
25 of the Attorney General of the United States or his or her
26 designated agent to be deported when:
27 (1) a final order of deportation has been issued
28 against the defendant pursuant to proceedings under the
29 Immigration and Nationality Act, and
30 (2) the deportation of the defendant would not
31 deprecate the seriousness of the defendant's conduct and
32 would not be inconsistent with the ends of justice.
33 Otherwise, the defendant shall be sentenced as provided
34 in this Chapter V.
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1 (B) If the defendant has already been sentenced for a
2 felony or misdemeanor offense, or has been placed on
3 probation under Section 10 of the Cannabis Control Act or
4 Section 410 of the Illinois Controlled Substances Act, the
5 court may, upon motion of the State's Attorney to suspend the
6 sentence imposed, commit the defendant to the custody of the
7 Attorney General of the United States or his or her
8 designated agent when:
9 (1) a final order of deportation has been issued
10 against the defendant pursuant to proceedings under the
11 Immigration and Nationality Act, and
12 (2) the deportation of the defendant would not
13 deprecate the seriousness of the defendant's conduct and
14 would not be inconsistent with the ends of justice.
15 (C) This subsection (l) does not apply to offenders who
16 are subject to the provisions of paragraph (2) of subsection
17 (a) of Section 3-6-3.
18 (D) Upon motion of the State's Attorney, if a defendant
19 sentenced under this Section returns to the jurisdiction of
20 the United States, the defendant shall be recommitted to the
21 custody of the county from which he or she was sentenced.
22 Thereafter, the defendant shall be brought before the
23 sentencing court, which may impose any sentence that was
24 available under Section 5-5-3 at the time of initial
25 sentencing. In addition, the defendant shall not be eligible
26 for additional good conduct credit for meritorious service as
27 provided under Section 3-6-6.
28 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
29 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
30 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
31 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
32 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)