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| Public Act 093-0809 | ||||
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing
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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 intentionally | ||||
or knowingly
without legal justification by any means:
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(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;
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(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.
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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 12-30), | ||||
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
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(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),
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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
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against a
family or household member as defined in Section
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112A-3 of the Code of Criminal Procedure of 1963. In addition | ||
to any other
sentencing alternatives, for any second or | ||
subsequent conviction of violating this
Section within 5 years | ||
of a previous conviction for violating this Section, the
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offender shall be mandatorily sentenced to a minimum of 72
48
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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 12-4), | ||
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
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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.
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(Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. | ||
93-336, eff.
1-1-04.)
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