Bill Text: IL HB3422 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. Increases the penalty for domestic battery from a Class 4 felony to a Class 3 felony if the defendant has any prior felony conviction for domestic battery.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-04-14 - Tabled By Sponsor Rep. Adam Brown [HB3422 Detail]
Download: Illinois-2011-HB3422-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 12-3.2 as follows:
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6 | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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7 | Sec. 12-3.2. Domestic Battery.
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8 | (a) A person commits domestic battery if he intentionally | ||||||
9 | or knowingly
without legal justification by any means:
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10 | (1) Causes bodily harm to any family or household | ||||||
11 | member as defined in
subsection (3) of Section 112A-3 of | ||||||
12 | the Code of Criminal Procedure of 1963, as
amended;
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13 | (2) Makes physical contact of an insulting or provoking | ||||||
14 | nature with any
family or household member as defined in | ||||||
15 | subsection (3) of Section 112A-3
of the Code of Criminal | ||||||
16 | Procedure of 1963, as amended.
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17 | (b) Sentence. Domestic battery is a Class A misdemeanor.
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18 | Domestic battery is a Class 4 felony if the defendant has any
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19 | prior
conviction under this Code for domestic battery (Section | ||||||
20 | 12-3.2) or violation
of an order of protection (Section 12-30), | ||||||
21 | or any prior conviction under the
law of another jurisdiction | ||||||
22 | for an offense which is substantially similar.
Domestic battery | ||||||
23 | is a Class 4 felony
if the
defendant has any prior conviction |
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1 | under this Code for first degree murder
(Section 9-1), attempt | ||||||
2 | to
commit first degree murder (Section 8-4), aggravated | ||||||
3 | domestic battery (Section
12-3.3), aggravated battery
(Section | ||||||
4 | 12-4), heinous battery (Section 12-4.1), aggravated battery | ||||||
5 | with a
firearm (Section 12-4.2), aggravated battery of a child | ||||||
6 | (Section 12-4.3),
aggravated battery of
an unborn child | ||||||
7 | (Section 12-4.4), aggravated battery of a senior citizen
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8 | (Section 12-4.6), stalking (Section 12-7.3), aggravated | ||||||
9 | stalking (Section
12-7.4), criminal sexual assault (Section | ||||||
10 | 12-13), aggravated criminal sexual
assault
(12-14), kidnapping | ||||||
11 | (Section 10-1), aggravated kidnapping (Section 10-2),
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12 | predatory criminal sexual assault of a child (Section 12-14.1), | ||||||
13 | aggravated
criminal sexual abuse (Section 12-16), unlawful | ||||||
14 | restraint (Section 10-3),
aggravated unlawful restraint | ||||||
15 | (Section 10-3.1), aggravated arson (Section
20-1.1), or | ||||||
16 | aggravated discharge of a firearm
(Section 24-1.2), or any | ||||||
17 | prior conviction under the law of another
jurisdiction for any | ||||||
18 | offense that is substantially similar to the offenses
listed in | ||||||
19 | this Section, when any of these
offenses have been committed
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20 | against a
family or household member as defined in Section
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21 | 112A-3 of the Code of Criminal Procedure of 1963. Domestic | ||||||
22 | battery is a Class 3 felony if the defendant has any
prior | ||||||
23 | felony
conviction under this Code for domestic battery (Section | ||||||
24 | 12-3.2). In addition to any other
sentencing alternatives, for | ||||||
25 | any second or subsequent conviction of violating this
Section, | ||||||
26 | the
offender shall be mandatorily sentenced to a minimum of 72
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1 | consecutive hours of
imprisonment. The imprisonment shall not | ||||||
2 | be subject to suspension, nor shall
the person be eligible for | ||||||
3 | probation in order to reduce the sentence.
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4 | (c) Domestic battery committed in the presence of a child. | ||||||
5 | In addition to
any other sentencing alternatives, a defendant | ||||||
6 | who commits, in the presence of
a child, a felony domestic | ||||||
7 | battery (enhanced under subsection
(b)), aggravated domestic | ||||||
8 | battery (Section 12-3.3),
aggravated battery (Section 12-4), | ||||||
9 | unlawful restraint (Section
10-3), or aggravated unlawful | ||||||
10 | restraint (Section 10-3.1) against a family or
household | ||||||
11 | member, as defined in Section 112A-3 of the Code of Criminal
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12 | Procedure of 1963, shall be required to serve a mandatory | ||||||
13 | minimum imprisonment
of 10 days or perform 300 hours of | ||||||
14 | community service, or both. The defendant
shall further be | ||||||
15 | liable for the cost of any counseling required for the child
at | ||||||
16 | the discretion of the court in accordance
with subsection (b) | ||||||
17 | of Section 5-5-6 of the Unified Code of Corrections.
For | ||||||
18 | purposes of this Section, "child" means a person under 18
years | ||||||
19 | of age
who is the defendant's or victim's child or step-child | ||||||
20 | or who is a minor child
residing
within or visiting the | ||||||
21 | household of the defendant or victim. For purposes of this | ||||||
22 | Section,
"in the presence of a child" means in the physical | ||||||
23 | presence of a child or
knowing or having reason to know that a | ||||||
24 | child is present and may see or hear an
act constituting one of | ||||||
25 | the offenses listed in this subsection.
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26 | (d) Upon conviction of domestic battery, the court shall |
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1 | advise the defendant orally or in writing, substantially as | ||||||
2 | follows: "An individual convicted of domestic battery may be | ||||||
3 | subject to federal criminal penalties for possessing, | ||||||
4 | transporting, shipping, or receiving any firearm or ammunition | ||||||
5 | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | ||||||
6 | 922(g)(8) and (9))." A notation shall be made in the court file | ||||||
7 | that the admonition was given. | ||||||
8 | (Source: P.A. 96-287, eff. 8-11-09.)
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