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

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[ Senate Amendment 003 ]

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.)
 
                            -2-                LRB9103243RCks
 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."

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