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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1223eng HB1223 Engrossed LRB9104838RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-4.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-4.3 as follows: 7 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3) 8 Sec. 12-4.3. Aggravated battery of a child. 9 (a) Any person of the age 18 years and upwards who 10 intentionally or knowingly, and without legal justification 11 and by any means, causes great bodily harm or permanent 12 disability or disfigurement to any child under the age of 18 1313years or to any institutionalized severely or profoundly 14 mentally retarded person, commits the offense of aggravated 15 battery of a child. 16 (b) Sentence. 17 (1) Except as otherwise provided in paragraph (2) 18 of this subsection (b), aggravated battery of a child is 19 a Class X felony. 20 (2) If the victim was a child under 18 years of age 21 at the time of the commission of the offense and the 22 offender was a person having care of the child, whether 23 assumed voluntarily or because of a legal obligation, 24 including when the child has been placed by his or her 25 parents, caretaker, or by a licensed child placement 26 agency for care or treatment, aggravated battery of a 27 child is a Class X felony for which the offender must be 28 sentenced to a minimum term of imprisonment of 10 years. 29 A second or subsequent violation of this paragraph (2) is 30 a Class X felony for which the offender must be sentenced 31 to a minimum term of imprisonment of 20 years. HB1223 Engrossed -2- LRB9104838RCks 1 (Source: P.A. 89-313, eff. 1-1-96.)