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92_HB5003 LRB9214449RCdv 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Section 12-3.2 as follows: 6 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 7 Sec. 12-3.2. Domestic Battery. 8 (a) A person commits domestic battery if he 9 intentionally or knowingly without legal justification by any 10 means: 11 (1) Causes bodily harm to any family or household 12 member as defined in subsection (3) of Section 112A-3 of 13 the Code of Criminal Procedure of 1963, as amended; 14 (2) Makes physical contact of an insulting or 15 provoking nature with any family or household member as 16 defined in subsection (3) of Section 112A-3 of the Code 17 of Criminal Procedure of 1963, as amended. 18 (b) Sentence. Domestic battery is a Class A 19 Misdemeanor. Domestic battery is a Class 4 felony if the 20 defendant has any prior conviction under this Code for 21 domestic battery (Section 12-3.2) or violation of an order of 22 protection (Section 12-30). Domestic battery is a Class 4 23 felony if the defendant has any prior conviction under this 24 Code for aggravated battery (Section 12-4), stalking (Section 25 12-7.3), aggravated stalking (Section 12-7.4), unlawful 26 restraint (Section 10-3), or aggravated unlawful restraint 27 (Section 10-3.1), when any of these offenses have been 28 committed against a family or household member as defined in 29 Section 112A-3 of the Code of Criminal Procedure of 1963. 30 Domestic battery committed in the presence of a person under 31 18 years of age is a Class 4 felony for a first conviction -2- LRB9214449RCdv 1 and a Class 3 felony for a second or subsequent conviction. 2 In addition to any other sentencing alternatives, for any 3 second conviction of violating this Section within 5 years of 4 a previous conviction for violating this Section, the 5 offender shall be mandatorily sentenced to a minimum of 48 6 consecutive hours of imprisonment. The imprisonment shall 7 not be subject to suspension, nor shall the person be 8 eligible for probation in order to reduce the sentence. 9 (c) Domestic battery committed in the presence of a 10 child. In addition to any other sentencing alternatives, a 11 defendant who commits, in the presence of a child, a felony 12 domestic battery (enhanced under subsection (b)), aggravated 13 domestic battery (Section 12-3.3), aggravated battery 14 (Section 12-4), unlawful restraint (Section 10-3), or 15 aggravated unlawful restraint (Section 10-3.1) against a 16 family or household member, as defined in Section 112A-3 of 17 the Code of Criminal Procedure of 1963, shall be required to 18 serve a mandatory minimum imprisonment of 10 days or perform 19 300 hours of community service, or both. The defendant shall 20 further be liable for the cost of any counseling required for 21 the child at the discretion of the court in accordance with 22 subsection (b) of Section 5-5-6 of the Unified Code of 23 Corrections. For purposes of this Section, "child" means a 24 person under 16 years of age who is the defendant's or 25 victim's child or step-child or who is a minor child residing 26 within the household of the defendant or victim. For 27 purposes of this Section, "in the presence of a child" means 28 in the physical presence of a child or knowing or having 29 reason to know that a child is present and may see or hear an 30 act constituting one of the offenses listed in this 31 subsection. 32 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00; 33 91-928, eff. 6-1-01; 92-16, eff. 6-28-01.)