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Public Act 098-0187
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| HB0958 Enrolled | LRB098 06107 RLC 36147 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 12-3.2 as follows:
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(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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Sec. 12-3.2. Domestic battery.
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(a) A person commits domestic battery if he or she |
knowingly
without legal justification by any means:
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(1) Causes bodily harm to any family or household |
member;
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(2) Makes physical contact of an insulting or provoking |
nature with any
family or household member.
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(b) Sentence. Domestic battery is a Class A misdemeanor.
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Domestic battery is a Class 4 felony if the defendant has any
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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.
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Domestic battery is a Class 4 felony
if the
defendant has any |
prior conviction under this Code for first degree murder
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(Section 9-1), attempt to
commit first degree murder (Section |
8-4), aggravated domestic battery (Section
12-3.3), aggravated |
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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
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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),
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aggravated unlawful restraint (Section 10-3.1), aggravated |
arson (Section
20-1.1), or aggravated discharge of a firearm
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(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 |
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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
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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.
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(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
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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.
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(d) Upon conviction of domestic battery, the court shall |
advise the defendant orally or in writing, substantially as |
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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.)
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