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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0686
LRB9207951RCcd
1 AN ACT in relation to criminal law.
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 (Text of Section before amendment by P.A. 91-928)
8 Sec. 12-3.2. Domestic Battery.
9 (a) A person commits domestic battery if he
10 intentionally or knowingly without legal justification by any
11 means:
12 (1) Causes bodily harm to any family or household
13 member as defined in subsection (3) of Section 112A-3 of
14 the Code of Criminal Procedure of 1963, as amended;
15 (2) Makes physical contact of an insulting or
16 provoking nature with any family or household member as
17 defined in subsection (3) of Section 112A-3 of the Code
18 of Criminal Procedure of 1963, as amended.
19 (b) Sentence. Domestic battery is a Class A
20 Misdemeanor. Domestic battery is a Class 4 felony if the
21 defendant has any prior conviction under this Code for
22 domestic battery (Section 12-3.2) or violation of an order of
23 protection (Section 12-30). Domestic battery is a Class 4
24 felony if the defendant has any prior conviction under this
25 Code for aggravated battery (Section 12-4), stalking (Section
26 12-7.3), aggravated stalking (Section 12-7.4), unlawful
27 restraint (Section 10-3), or aggravated unlawful restraint
28 (Section 10-3.1), when any of these offenses have been
29 committed against a family or household member as defined in
30 Section 112A-3 of the Code of Criminal Procedure of 1963. In
31 addition to any other sentencing alternatives, for any second
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1 conviction of violating this Section within 5 years of a
2 previous conviction for violating this Section, the offender
3 shall be mandatorily sentenced to a minimum of 48 consecutive
4 hours of imprisonment. The imprisonment shall not be subject
5 to suspension, nor shall the person be eligible for probation
6 in order to reduce the sentence.
7 (c) For any conviction for domestic battery, if a person
8 under 18 years of age who is the child of the offender or of
9 the victim was present and witnessed the domestic battery of
10 the victim, the defendant is liable for the cost of any
11 counseling required for the child at the discretion of the
12 court in accordance with subsection (b) of Section 5-5-6 of
13 the Unified Code of Corrections.
14 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
15 91-262, eff. 1-1-00; revised 10-7-99.)
16 (Text of Section after amendment by P.A. 91-928)
17 Sec. 12-3.2. Domestic Battery.
18 (a) A person commits domestic battery if he or she
19 intentionally or knowingly without legal justification by any
20 means:
21 (1) Causes bodily harm to any family or household
22 member as defined in subsection (3) of Section 112A-3 of
23 the Code of Criminal Procedure of 1963, as amended;
24 (2) Makes physical contact of an insulting or
25 provoking nature with any family or household member as
26 defined in subsection (3) of Section 112A-3 of the Code
27 of Criminal Procedure of 1963, as amended.
28 (b) Sentence. Domestic battery is a Class A
29 Misdemeanor. Domestic battery is a Class 4 felony if the
30 defendant has any prior conviction under this Code for
31 domestic battery (Section 12-3.2) or violation of an order of
32 protection (Section 12-30). Domestic battery is a Class 4
33 felony if the defendant has any prior conviction under this
34 Code for aggravated battery (Section 12-4), stalking (Section
-3- LRB9207951RCcd
1 12-7.3), aggravated stalking (Section 12-7.4), unlawful
2 restraint (Section 10-3), or aggravated unlawful restraint
3 (Section 10-3.1), when any of these offenses have been
4 committed against a family or household member as defined in
5 Section 112A-3 of the Code of Criminal Procedure of 1963. In
6 addition to any other sentencing alternatives, for any second
7 conviction of violating this Section within 5 years of a
8 previous conviction for violating this Section, the offender
9 shall be mandatorily sentenced to a minimum of 48 consecutive
10 hours of imprisonment. The imprisonment shall not be subject
11 to suspension, nor shall the person be eligible for probation
12 in order to reduce the sentence.
13 (c) Domestic battery committed in the presence of a
14 child. In addition to any other sentencing alternatives, a
15 defendant who commits, in the presence of a child, a felony
16 domestic battery (enhanced under subsection (b)), aggravated
17 domestic battery (Section 12-3.3), aggravated battery
18 (Section 12-4), unlawful restraint (Section 10-3), or
19 aggravated unlawful restraint (Section 10-3.1) against a
20 family or household member, as defined in Section 112A-3 of
21 the Code of Criminal Procedure of 1963, shall be required to
22 serve a mandatory minimum imprisonment of 10 days or perform
23 300 hours of community service, or both. The defendant shall
24 further be liable for the cost of any counseling required for
25 the child at the discretion of the court in accordance with
26 subsection (b) of Section 5-5-6 of the Unified Code of
27 Corrections. For purposes of this Section, "child" means a
28 person under 16 years of age who is the defendant's or
29 victim's child or step-child or who is a minor child residing
30 within the household of the defendant or victim. For
31 purposes of this Section, "in the presence of a child" means
32 in the physical presence of a child or knowing or having
33 reason to know that a child is present and may see or hear an
34 act constituting one of the offenses listed in this
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1 subsection.
2 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
3 91-262, eff. 1-1-00; 91-928, eff. 6-1-01.)