Public Act 93-0336

HB2525 Enrolled                      LRB093 10319 RLC 10573 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing Section 12-3.2 as follows:

    (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
    Sec. 12-3.2.  Domestic Battery.
    (a)  A   person   commits   domestic   battery   if    he
intentionally or knowingly without legal justification by any
means:
         (1)  Causes  bodily  harm to any family or household
    member as defined in subsection (3) of Section 112A-3  of
    the Code of Criminal Procedure of 1963, as amended;
         (2)  Makes  physical  contact  of  an  insulting  or
    provoking  nature  with any family or household member as
    defined in subsection (3) of Section 112A-3 of  the  Code
    of Criminal Procedure of 1963, as amended.
    (b)  Sentence.    Domestic   battery   is   a   Class   A
Misdemeanor.  Domestic  battery  is  a  Class 4 felony if the
defendant has  any  prior  conviction  under  this  Code  for
domestic battery (Section 12-3.2) or violation of an order of
protection (Section 12-30), or any prior conviction under the
law   of   another  jurisdiction  for  an  offense  which  is
substantially similar. Domestic battery is a Class  4  felony
if the defendant has any prior conviction under this Code for
first  degree  murder  (Section 9-1), attempt to commit first
degree murder  (Section  8-4),  aggravated  domestic  battery
(Section  12-3.3), aggravated battery (Section 12-4), heinous
battery (Section 12-4.1), aggravated battery with  a  firearm
(Section  12-4.2),  aggravated  battery  of  a child (Section
12-4.3), aggravated  battery  of  an  unborn  child  (Section
12-4.4),  aggravated  battery  of  a  senior citizen (Section
12-4.6),  stalking  (Section  12-7.3),  aggravated   stalking
(Section  12-7.4),  criminal  sexual assault (Section 12-13),
aggravated  criminal  sexual  assault  (12-14),    kidnapping
(Section   10-1),   aggravated   kidnapping  (Section  10-2),
predatory  criminal  sexual  assault  of  a  child   (Section
12-14.1),  aggravated  criminal sexual abuse (Section 12-16),
unlawful  restraint  (Section  10-3),   aggravated   unlawful
restraint   (Section   10-3.1),   aggravated  arson  (Section
20-1.1),  or  aggravated  discharge  of  a  firearm  (Section
24-1.2), or any prior conviction under  the  law  of  another
jurisdiction for any offense that is substantially similar to
the  offenses  listed  in  this  Section,  when  any of these
offenses have been committed against a  family  or  household
member  as  defined in Section 112A-3 of the Code of Criminal
Procedure of  1963.  In  addition  to  any  other  sentencing
alternatives,  for  any  second  conviction of violating this
Section within 5 years of a previous conviction for violating
this Section, the offender shall be mandatorily sentenced  to
a  minimum  of  48  consecutive  hours  of imprisonment.  The
imprisonment shall not be subject to  suspension,  nor  shall
the  person  be eligible for probation in order to reduce the
sentence.
    (c)  Domestic battery committed  in  the  presence  of  a
child.   In  addition to any other sentencing alternatives, a
defendant who commits, in the presence of a child,  a  felony
domestic  battery (enhanced under subsection (b)), aggravated
domestic  battery  (Section   12-3.3),   aggravated   battery
(Section   12-4),   unlawful  restraint  (Section  10-3),  or
aggravated unlawful  restraint  (Section  10-3.1)  against  a
family  or  household member, as defined in Section 112A-3 of
the Code of Criminal Procedure of 1963, shall be required  to
serve  a mandatory minimum imprisonment of 10 days or perform
300 hours of community service, or both.  The defendant shall
further be liable for the cost of any counseling required for
the child at the discretion of the court in  accordance  with
subsection  (b)  of  Section  5-5-6  of  the  Unified Code of
Corrections. For purposes of this Section,  "child"  means  a
person  under  16  years  of  age  who  is the defendant's or
victim's child or step-child or who is a minor child residing
within  the  household  of  the  defendant  or  victim.   For
purposes of this Section, "in the presence of a child"  means
in  the  physical  presence  of  a child or knowing or having
reason to know that a child is present and may see or hear an
act  constituting  one  of  the  offenses  listed   in   this
subsection.
(Source:  P.A.  91-112,  eff.  10-1-99;  91-262, eff. 1-1-00;
91-928,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-827,  eff.
8-22-02.)