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| Public Act 098-0994 | ||||
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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 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),
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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
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(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
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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), or one | ||
or 2 prior convictions under the law of another jurisdiction | ||
for any offense which is substantially similar. Domestic | ||
battery is a Class 3 felony if the defendant had 3 prior | ||
convictions under this Code for domestic battery (Section | ||
12-3.2), or 3 prior convictions under the law of another | ||
jurisdiction for any offense which is substantially similar. | ||
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), or 4 or more prior convictions under the law | ||
of another jurisdiction for any offense which is substantially | ||
similar. 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 | ||
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. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14.)
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