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91_HB1285
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
-3- LRB9103243RCks
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."