Public Act 098-0187
 
HB0958 EnrolledLRB098 06107 RLC 36147 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 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 or she 
knowingly
without legal justification by any means:


        (1) Causes bodily harm to any family or household 
    member;


        (2) Makes physical contact of an insulting or provoking 
    nature with any
family or household member.

    (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 12-3.4 
or 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 12-3.05 or 12-4), heinous battery (Section 
12-4.1), aggravated battery with a
firearm (Section 12-4.2), 
aggravated battery with a machine gun or a firearm equipped 
with a silencer (Section 12-4.2-5), aggravated battery of a 
child (Section 12-4.3),
aggravated battery of
an unborn child 
(subsection (a-5) of Section 12-3.1, or 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 11-1.20 or 12-13), 
aggravated criminal sexual
assault
(Section 11-1.30 or 12-14),  
kidnapping (Section 10-1), aggravated kidnapping (Section 
10-2),
predatory criminal sexual assault of a child (Section 
11-1.40 or 12-14.1), aggravated
criminal sexual abuse (Section 
11-1.60 or 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. Domestic battery is a Class 4 felony if the 
defendant has one
or 2 prior
convictions under this Code for 
domestic battery (Section 12-3.2).  Domestic battery is a Class 
3 felony if the defendant had 3 prior convictions under this 
Code for domestic battery (Section 12-3.2).  Domestic battery is 
a Class 2 felony if the defendant had 4 or more prior 
convictions under this Code for domestic battery (Section 
12-3.2). In addition to any other
sentencing alternatives, for 
any second or subsequent conviction of violating this
Section, 
the
offender shall be mandatorily sentenced to a minimum of 72


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 12-3.05 
or 12-4), unlawful restraint (Section
10-3), or aggravated 
unlawful restraint (Section 10-3.1) against a family or

household member 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 18

years of age
who is 
the defendant's or victim's child or step-child or who is a 
minor child
residing
within or visiting the household of the 
defendant or victim.

    (d)  Upon conviction of domestic battery, the court shall 
advise the defendant orally or in writing, substantially as 
follows:  "An individual convicted of domestic battery may be 
subject to federal criminal penalties for possessing, 
transporting, shipping, or receiving any firearm or ammunition 
in violation of  the federal Gun Control Act of 1968 (18 U.S.C. 
922(g)(8) and (9))."  A notation shall be made in the court file 
that the admonition was given. 
(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section 
5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; 
97-1109, eff. 1-1-13.)