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91_SB0316
LRB9100301RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-3.2 and 12-21.6.
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 Sections 12-3.2 and 12-21.6 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
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 domestic battery is committed against a family or household
22 member and a family or household member who, at the time of
23 the commission of the offense, is a child under 18 years of
24 age is present when the domestic battery occurs. Domestic
25 battery is a Class 4 felony if the defendant has any prior
26 conviction under this Code for domestic battery (Section
27 12-3.2) or violation of an order of protection (Section
28 12-30). In addition to any other sentencing alternatives, for
29 any second conviction of violating this Section within 5
30 years of a previous conviction for violating this Section,
31 the offender shall be mandatorily sentenced to a minimum of
-2- LRB9100301RCks
1 48 consecutive hours of imprisonment. The imprisonment shall
2 not be subject to suspension, nor shall the person be
3 eligible for probation in order to reduce the sentence.
4 (Source: P.A. 90-734, eff. 1-1-99.)
5 (720 ILCS 5/12-21.6)
6 Sec. 12-21.6. Endangering the life or health of a child.
7 (a) It is unlawful for any person to willfully cause or
8 permit the life or health of a child under the age of 18 to
9 be endangered or to willfully cause or permit a child to be
10 placed in circumstances that endanger the child's life or
11 health.
12 (a-5) It is unlawful for any person to willfully permit
13 a child under 18 years of age to witness a domestic battery
14 committed against a family or household member.
15 (b) A violation of this Section is a Class A
16 misdemeanor. A second or subsequent violation of this
17 Section is a Class 3 felony. A violation of this Section
18 that is a proximate cause of the death of the child is a
19 Class 3 felony for which a person, if sentenced to a term of
20 imprisonment, shall be sentenced to a term of not less than 2
21 years and not more than 10 years.
22 (Source: P.A. 90-687, eff. 7-31-98.)