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91_HB4056
LRB9111815RCpk
1 AN ACT in relation to domestic battery.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-3.2 as follows:
6 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
7 Sec. 12-3.2. Domestic Battery.
8 (a) A person commits domestic battery if he
9 intentionally or knowingly without legal justification by any
10 means:
11 (1) Causes bodily harm to any family or household
12 member as defined in subsection (3) of Section 112A-3 of
13 the Code of Criminal Procedure of 1963, as amended;
14 (2) Makes physical contact of an insulting or
15 provoking nature with any family or household member as
16 defined in subsection (3) of Section 112A-3 of the Code
17 of Criminal Procedure of 1963, as amended.
18 (b) Sentence. Domestic battery is a Class A
19 Misdemeanor. Domestic battery is a Class 4 felony if the
20 defendant has any prior conviction under this Code for
21 domestic battery (Section 12-3.2) or violation of an order of
22 protection (Section 12-30). Domestic battery is a Class 4
23 felony if the defendant has any prior conviction under this
24 Code for aggravated battery (Section 12-4), stalking (Section
25 12-7.3), aggravated stalking (Section 12-7.4), unlawful
26 restraint (Section 10-3), or aggravated unlawful restraint
27 (Section 10-3.1), when any of these offenses have been
28 committed against a family or household member as defined in
29 Section 112A-3 of the Code of Criminal Procedure of 1963.
30 Domestic battery is a Class 4 felony if the defendant has any
31 prior conviction for a felony that involved the use of force
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1 or violence against a family or household member as defined
2 in Section 112A-3 of the Code of Criminal Procedure of 1963.
3 In addition to any other sentencing alternatives, for any
4 second conviction of violating this Section within 5 years of
5 a previous conviction for violating this Section, the
6 offender shall be mandatorily sentenced to a minimum of 48
7 consecutive hours of imprisonment. The imprisonment shall
8 not be subject to suspension, nor shall the person be
9 eligible for probation in order to reduce the sentence.
10 (c) For any conviction for domestic battery, if a person
11 under 18 years of age who is the child of the offender or of
12 the victim was present and witnessed the domestic battery of
13 the victim, the defendant is liable for the cost of any
14 counseling required for the child at the discretion of the
15 court in accordance with subsection (b) of Section 5-5-6 of
16 the Unified Code of Corrections.
17 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
18 91-262, eff. 1-1-00; revised 10-7-99.)
19 Section 10. The Code of Civil Procedure is amended by
20 changing Section 8-802 as follows:
21 (735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
22 (Text of Section WITH the changes made by P.A. 89-7,
23 which has been held unconstitutional)
24 Sec. 8-802. Healthcare practitioner and patient. No
25 physician, surgeon, psychologist, nurse, mental health
26 worker, therapist, or other healing art practitioner
27 (referred to in this Section as "healthcare practitioner")
28 shall be permitted to disclose any information he or she may
29 have acquired in attending any patient in a professional
30 character, necessary to enable him or her professionally to
31 serve the patient, except only (1) in trials for homicide
32 when the disclosure relates directly to the fact or immediate
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1 circumstances of the homicide, (2) in actions, civil or
2 criminal, against the healthcare practitioner for malpractice
3 (in which instance the patient shall be deemed to have waived
4 all privileges relating to physical or mental condition), (3)
5 with the expressed consent of the patient, or in case of his
6 or her death or disability, of his or her personal
7 representative or other person authorized to sue for personal
8 injury or of the beneficiary of an insurance policy on his or
9 her life, health, or physical condition, (4) in all actions
10 brought by the patient, his or her personal representative, a
11 beneficiary under a policy of insurance, or the executor or
12 administrator of his or her estate wherein the patient's
13 physical or mental condition is an issue (in which instance
14 the patient shall be deemed to have waived all privileges
15 relating to physical or mental condition), (4.1) in all
16 actions brought against the patient, his or her personal
17 representative, a beneficiary under a policy of insurance, or
18 the executor or administrator of his or her estate wherein
19 the patient's physical or mental condition is an issue, (5)
20 upon an issue as to the validity of a document as a will of
21 the patient, (6) in any criminal action where the charge is
22 either first degree murder by abortion, attempted abortion or
23 abortion, (7) in actions, civil or criminal, arising from the
24 filing of a report in compliance with the Abused and
25 Neglected Child Reporting Act, (8) to any department, agency,
26 institution or facility which has custody of the patient
27 pursuant to State statute or any court order of commitment,
28 (9) in prosecutions where written results of blood alcohol
29 tests are admissible pursuant to Section 11-501.4 of the
30 Illinois Vehicle Code or (10) in prosecutions where written
31 results of blood alcohol tests are admissible under Section
32 5-11a of the Boat Registration and Safety Act.
33 In all instances where a patient or the patient's
34 representative seeks damages for personal injury, death, pain
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1 and suffering, or mental or emotional injury and where a
2 written request pursuant to Section 2-1003 has been made,
3 then (1) the healthcare practitioner is authorized to provide
4 information regarding the patient to attorneys for any of the
5 parties in pending civil, criminal, or administrative
6 proceedings in written or verbal form as described in Section
7 2-1003 and (2) any attorney for any party in any civil,
8 criminal, or administrative action brought by or against a
9 patient, his or her personal representative, a beneficiary
10 under a policy of insurance, or the executor or administrator
11 of his or her estate wherein the patient's physical or mental
12 condition is an issue may obtain in written or verbal form as
13 described in Section 2-1003 any information that any
14 healthcare practitioner has acquired in attending to the
15 patient in a professional character. Nothing in this Section
16 shall preclude or limit any formal discovery.
17 A health care practitioner, as defined in Section 2-1003,
18 shall have the right to (1) communicate at any time and in
19 any fashion with his or her own counsel and professional
20 liability insurer concerning any care or treatment he or she
21 provided, or assisted in providing, to any patient and (2)
22 communicate at any time and in any fashion with his or her
23 present or former employer, principal, partner, professional
24 corporation, professional liability insurer, or counsel for
25 the same, concerning care or treatment he or she provided, or
26 assisted in providing, to any patient during the pendency and
27 within the scope of his or her employment or affiliation with
28 the employer, principal, partner, or professional
29 corporation.
30 In the event of a conflict between the application of
31 this Section and the Mental Health and Developmental
32 Disabilities Confidentiality Act to a specific situation, the
33 provisions of the Mental Health and Developmental
34 Disabilities Confidentiality Act shall control.
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1 This amendatory Act of 1995 applies to causes of action
2 filed on or after its effective date.
3 (Source: P.A. 89-7, eff. 3-9-95.)
4 (Text of Section WITHOUT the changes made by P.A. 89-7,
5 which has been held unconstitutional)
6 Sec. 8-802. Physician and patient. No physician or
7 surgeon shall be permitted to disclose any information he or
8 she may have acquired in attending any patient in a
9 professional character, necessary to enable him or her
10 professionally to serve the patient, except only (1) in
11 trials for homicide when the disclosure relates directly to
12 the fact or immediate circumstances of the homicide, (2) in
13 actions, civil or criminal, against the physician for
14 malpractice, (3) with the expressed consent of the patient,
15 or in case of his or her death or disability, of his or her
16 personal representative or other person authorized to sue for
17 personal injury or of the beneficiary of an insurance policy
18 on his or her life, health, or physical condition, (4) in all
19 actions brought by or against the patient, his or her
20 personal representative, a beneficiary under a policy of
21 insurance, or the executor or administrator of his or her
22 estate wherein the patient's physical or mental condition is
23 an issue, (5) upon an issue as to the validity of a document
24 as a will of the patient, (6) in any criminal action where
25 the charge is either first degree murder by abortion,
26 attempted abortion or abortion, (7) in actions, civil or
27 criminal, arising from the filing of a report in compliance
28 with the Abused and Neglected Child Reporting Act, (8) to any
29 department, agency, institution or facility which has custody
30 of the patient pursuant to State statute or any court order
31 of commitment, (9) in prosecutions where written results of
32 blood alcohol tests are admissible pursuant to Section
33 11-501.4 of the Illinois Vehicle Code, or (10) in
34 prosecutions where written results of blood alcohol tests are
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1 admissible under Section 5-11a of the Boat Registration and
2 Safety Act, or (11) in prosecutions for domestic battery if
3 the disclosure relates directly to the facts or circumstances
4 regarding the domestic battery.
5 In the event of a conflict between the application of
6 this Section and the Mental Health and Developmental
7 Disabilities Confidentiality Act to a specific situation, the
8 provisions of the Mental Health and Developmental
9 Disabilities Confidentiality Act shall control.
10 (Source: P.A. 87-803.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.