State of Illinois
91st General Assembly
Legislation
1st Special Session

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91_HB1285eng

 
HB1285 Engrossed                               LRB9103243RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 12-3.2 and adding Section 12-3.3.

 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    changing Section 12-3.2 and adding Section 12-3.3 as follows:

 7        (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
 8        Sec. 12-3.2.  Domestic Battery.
 9        (a)  A person commits  domestic  battery  if  he  or  she
10    intentionally or knowingly without legal justification by any
11    means:
12             (1)  Causes  bodily  harm to any family or household
13        member as defined in subsection (3) of Section 112A-3  of
14        the Code of Criminal Procedure of 1963, as amended;
15             (2)  Makes  physical  contact  of  an  insulting  or
16        provoking  nature  with any family or household member as
17        defined in subsection (3) of Section 112A-3 of  the  Code
18        of Criminal Procedure of 1963, as amended.
19        (b)  Sentence.    Domestic   battery   is   a   Class   A
20    misdemeanor.  Domestic  battery  is  a  Class 4 felony if the
21    defendant has  any  prior  conviction  under  this  Code  for
22    domestic battery (Section 12-3.2) or violation of an order of
23    protection   (Section   12-30).  In  addition  to  any  other
24    sentencing  alternatives,  for  any  second   conviction   of
25    violating   this   Section  within  5  years  of  a  previous
26    conviction for violating this Section, the offender shall  be
27    mandatorily sentenced to a minimum of 48 consecutive hours of
28    imprisonment.   The  imprisonment is not shall not be subject
29    to suspension or reduction, nor shall the person be  eligible
30    for probation in order to reduce the sentence.
31    (Source: P.A. 90-734, eff. 1-1-99.)
 
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 1        (720 ILCS 5/12-3.3 new)
 2        Sec. 12-3.3.  Aggravated domestic battery.
 3        (a)  A  person  commits aggravated domestic battery if he
 4    or she, in committing the  offense  of  domestic  battery  as
 5    described in Section 12-3.2 of this Code, either:
 6             (1)  has previously violated:
 7                  (A)  Section 12-3.2 (domestic battery), Section
 8             12-3.3  (aggravated  domestic  battery),  or Section
 9             12-30  of  this  Code  (violation  of  an  order  of
10             protection), or similar statutes in  a  state  other
11             than  Illinois;  the  proof  in  all instances to be
12             shown by a judicial determination of guilt; or
13                  (B)  Section  12-4  of  this  Code  (aggravated
14             battery) or a similar statute in a state other  than
15             Illinois  when  the victim was a family or household
16             member as  defined  in  subsection  (3)  of  Section
17             112A-3  of  the  Code of Criminal Procedure of 1963;
18             the proof to be shown in all instances  by  a  prior
19             judicial determination of guilt and by evidence at a
20             sentencing  hearing  that the victim was a family or
21             household member; or
22             (2)  is on pre-trial  release  for  the  offense  of
23        domestic battery, aggravated domestic battery, aggravated
24        battery when the alleged victim was a family or household
25        member  as defined in subsection (3) of Section 112A-3 of
26        the Code of Criminal Procedure of 1963, or  violation  of
27        an  order  of  protection, or similar statutes in a state
28        other than Illinois.
29        (b)  Sentence.  Aggravated domestic battery is a Class  4
30    felony. In addition to any other sentencing alternatives, for
31    any  second  conviction  of  violating  this Section within 5
32    years of a previous conviction for  violating  this  Section,
33    the  offender  shall be mandatorily sentenced to a minimum of
34    48 consecutive hours of imprisonment, which is not subject to
 
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 1    suspension or reduction.
 2        (c)  Proof of any prior judicial determination  of  guilt
 3    and proof that the defendant was on pre-trial release are not
 4    elements  of  the  crime and are inadmissible at trial unless
 5    otherwise permitted by statute or law.
 6        (d)  In addition, at any cause of action tried to a jury,
 7    the  jury  is  not  to  be  instructed  that  the  cause   is
 8    "aggravated".

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