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| Public Act 096-0287 |
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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 1961 is amended by changing | ||||
Sections 12-3.2 and 12-3.3 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, 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.
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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 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. 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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(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. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148, | ||
eff. 1-1-06.)
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(720 ILCS 5/12-3.3)
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Sec. 12-3.3. Aggravated domestic battery.
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(a) A person who, in committing a domestic battery, | ||
intentionally or
knowingly causes great bodily harm, or | ||
permanent disability or disfigurement
commits aggravated | ||
domestic battery.
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(b) Sentence. Aggravated domestic battery is a Class 2 | ||
felony. Any order
of probation or conditional discharge entered | ||
following a conviction for an
offense under this Section must | ||
include, in addition to any other condition of
probation or | ||
conditional discharge, a condition that the offender serve a
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mandatory term of imprisonment of not less than 60 consecutive | ||
days. A person
convicted of a second or subsequent violation of | ||
this Section must be
sentenced to a mandatory term of | ||
imprisonment of not less than 3 years and not
more than 7 years | ||
or an extended term of imprisonment of not less than 7 years
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and not more than 14 years.
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(c) Upon conviction of aggravated domestic battery, the | ||
court shall advise the defendant orally or in writing, | ||
substantially as follows: "An individual convicted of | ||
aggravated 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. 91-445, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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