State of Illinois
92nd General Assembly
Legislation

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92_SB0588

 
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 1        AN ACT concerning 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 Sections 12-3.2 and 12-21.6 as follows:

 6        (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
 7        (Text of Section before amendment by P.A. 91-928)
 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    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).  Domestic  battery is a Class 4
24    felony if the defendant has any prior conviction  under  this
25    Code for aggravated battery (Section 12-4), stalking (Section
26    12-7.3),   aggravated  stalking  (Section  12-7.4),  unlawful
27    restraint (Section 10-3), or  aggravated  unlawful  restraint
28    (Section  10-3.1),  when  any  of  these  offenses  have been
29    committed against a family or household member as defined  in
30    Section  112A-3 of the Code of Criminal Procedure of 1963. In
31    addition to any other sentencing alternatives, for any second
 
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 1    conviction of violating this Section  within  5  years  of  a
 2    previous  conviction for violating this Section, the offender
 3    shall be mandatorily sentenced to a minimum of 48 consecutive
 4    hours of imprisonment.  The imprisonment shall not be subject
 5    to suspension, nor shall the person be eligible for probation
 6    in order to reduce the sentence.
 7        (c)  For any conviction for domestic battery, if a person
 8    under 18 years of age who is the child of the offender or  of
 9    the  victim was present and witnessed the domestic battery of
10    the victim, the defendant is  liable  for  the  cost  of  any
11    counseling  required  for  the child at the discretion of the
12    court in accordance with subsection (b) of Section  5-5-6  of
13    the Unified Code of Corrections.
14    (Source:  P.A.  90-734,  eff.  1-1-99;  91-112, eff. 10-1-99;
15    91-262, eff. 1-1-00; revised 10-7-99.)

16        (Text of Section after amendment by P.A. 91-928)
17        Sec. 12-3.2.  Domestic Battery.
18        (a)  A   person   commits   domestic   battery   if    he
19    intentionally or knowingly without legal justification by any
20    means:
21             (1)  Causes  bodily  harm to any family or household
22        member as defined in subsection (3) of Section 112A-3  of
23        the Code of Criminal Procedure of 1963, as amended;
24             (2)  Makes  physical  contact  of  an  insulting  or
25        provoking  nature  with any family or household member as
26        defined in subsection (3) of Section 112A-3 of  the  Code
27        of Criminal Procedure of 1963, as amended.
28        (b)  Sentence.    Domestic   battery   is   a   Class   A
29    Misdemeanor.    Domestic  battery  is a Class 4 felony if the
30    domestic battery is committed against a family  or  household
31    member  and  a family or household member who, at the time of
32    the commission of the offense, is a child under 18  years  of
33    age  is  present  when  the domestic battery occurs. Domestic
34    battery is a Class 4 felony if the defendant  has  any  prior
 
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 1    conviction  under  this  Code  for  domestic battery (Section
 2    12-3.2) or violation  of  an  order  of  protection  (Section
 3    12-30). Domestic battery is a Class 4 felony if the defendant
 4    has  any  prior  conviction  under  this  Code for aggravated
 5    battery (Section 12-4), stalking (Section 12-7.3), aggravated
 6    stalking (Section 12-7.4), unlawful restraint (Section 10-3),
 7    or aggravated unlawful restraint (Section 10-3.1),  when  any
 8    of  these  offenses  have  been committed against a family or
 9    household member as defined in Section 112A-3 of the Code  of
10    Criminal  Procedure  of  1963.   In  addition  to  any  other
11    sentencing   alternatives,   for  any  second  conviction  of
12    violating  this  Section  within  5  years  of   a   previous
13    conviction  for violating this Section, the offender shall be
14    mandatorily sentenced to a minimum of 48 consecutive hours of
15    imprisonment.  The  imprisonment  shall  not  be  subject  to
16    suspension, nor shall the person be eligible for probation in
17    order to reduce the sentence.
18        (c)  Domestic  battery  committed  in  the  presence of a
19    child.  In addition to any other sentencing  alternatives,  a
20    defendant  who  commits, in the presence of a child, a felony
21    domestic battery (enhanced under subsection (b)),  aggravated
22    domestic   battery   (Section   12-3.3),  aggravated  battery
23    (Section  12-4),  unlawful  restraint  (Section   10-3),   or
24    aggravated  unlawful  restraint  (Section  10-3.1)  against a
25    family or household member, as defined in Section  112A-3  of
26    the  Code of Criminal Procedure of 1963, shall be required to
27    serve a mandatory minimum imprisonment of 10 days or  perform
28    300 hours of community service, or both.  The defendant shall
29    further be liable for the cost of any counseling required for
30    the  child  at the discretion of the court in accordance with
31    subsection (b) of  Section  5-5-6  of  the  Unified  Code  of
32    Corrections.    For purposes of this Section, "child" means a
33    person under 16 years  of  age  who  is  the  defendant's  or
34    victim's child or step-child or who is a minor child residing
 
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 1    within  the  household  of  the  defendant  or  victim.   For
 2    purposes  of this Section, "in the presence of a child" means
 3    in the physical presence of a  child  or  knowing  or  having
 4    reason to know that a child is present and may see or hear an
 5    act   constituting   one  of  the  offenses  listed  in  this
 6    subsection.
 7    (Source: P.A. 90-734,  eff.  1-1-99;  91-112,  eff.  10-1-99;
 8    91-262, eff. 1-1-00; 91-928, eff. 6-1-01.)

 9        (720 ILCS 5/12-21.6)
10        Sec. 12-21.6.  Endangering the life or health of a child.
11        (a)  It  is unlawful for any person to willfully cause or
12    permit the life or health of a child under the age of  18  to
13    be  endangered  or to willfully cause or permit a child to be
14    placed in circumstances that endanger  the  child's  life  or
15    health.
16        (a-5)  It  is unlawful for any person to willfully permit
17    a child under 18 years of age to witness a  domestic  battery
18    committed against a family or household member.
19        (b)  A   violation   of   this   Section  is  a  Class  A
20    misdemeanor.   A  second  or  subsequent  violation  of  this
21    Section is a Class 3 felony.  A  violation  of  this  Section
22    that  is  a  proximate  cause  of the death of the child is a
23    Class 3 felony for which a person, if sentenced to a term  of
24    imprisonment, shall be sentenced to a term of not less than 2
25    years and not more than 10 years.
26    (Source: P.A. 90-687, eff. 7-31-98.)

27        Section  95.   No  acceleration or delay.  Where this Act
28    makes changes in a statute that is represented in this Act by
29    text that is not yet or no longer in effect (for  example,  a
30    Section  represented  by  multiple versions), the use of that
31    text does not accelerate or delay the taking  effect  of  (i)
32    the  changes made by this Act or (ii) provisions derived from
 
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 1    any other Public Act.

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