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91_HB1223ham001
LRB9104838RCksam
1 AMENDMENT TO HOUSE BILL 1223
2 AMENDMENT NO. . Amend House Bill 1223, by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 12-4.3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 12-4.3 as follows:
10 (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
11 Sec. 12-4.3. Aggravated battery of a child.
12 (a) Any person of the age 18 years and upwards who
13 intentionally or knowingly, and without legal justification
14 and by any means, causes great bodily harm or permanent
15 disability or disfigurement to any child under the age of 18
16 13 years or to any institutionalized severely or profoundly
17 mentally retarded person, commits the offense of aggravated
18 battery of a child.
19 (b) Sentence.
20 (1) Except as otherwise provided in paragraph (2)
21 of this subsection (b), aggravated battery of a child is
-2- LRB9104838RCksam
1 a Class X felony.
2 (2) If the victim was a child under 18 years of age
3 at the time of the commission of the offense and the
4 offender was a person having care of the child, whether
5 assumed voluntarily or because of a legal obligation,
6 including when the child has been placed by his or her
7 parents, caretaker, or by a licensed child placement
8 agency for care or treatment, aggravated battery of a
9 child is a Class X felony for which the offender must be
10 sentenced to a minimum term of imprisonment of 10 years.
11 A second or subsequent violation of this paragraph (2) is
12 a Class X felony for which the offender must be sentenced
13 to a minimum term of imprisonment of 20 years.
14 (Source: P.A. 89-313, eff. 1-1-96.)".