Bill Text: IL SB3016 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning domestic battery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-20 - Re-referred to Assignments [SB3016 Detail]

Download: Illinois-2023-SB3016-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3016 Introduced 2/2/2024, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
Amends the Criminal Code of 2012. Makes a technical change in a Section concerning domestic battery.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 12-3.2 as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she
knowingly without legal justification by any means:
(1) causes bodily harm to any family or household
member;
(2) makes physical contact of an insulting or
provoking nature with any family or household member.
(b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the the defendant has
any prior conviction under this Code for violation of an order
of protection (Section 12-3.4 or 12-30), or any prior
conviction under the law of another jurisdiction for an
offense which is substantially similar. Domestic battery is a
Class 4 felony if the defendant has any prior conviction under
this Code for first degree murder (Section 9-1), attempt to
commit first degree murder (Section 8-4), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05

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or 12-4), heinous battery (Section 12-4.1), aggravated battery
with a firearm (Section 12-4.2), aggravated battery with a
machine gun or a firearm equipped with a silencer (Section
12-4.2-5), aggravated battery of a child (Section 12-4.3),
aggravated battery of an unborn child (subsection (a-5) of
Section 12-3.1, or Section 12-4.4), aggravated battery of a
senior citizen (Section 12-4.6), stalking (Section 12-7.3),
aggravated stalking (Section 12-7.4), criminal sexual assault
(Section 11-1.20 or 12-13), aggravated criminal sexual assault
(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
unlawful restraint (Section 10-3), aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
or aggravated discharge of a firearm (Section 24-1.2), or any
prior conviction under the law of another jurisdiction for any
offense that is substantially similar to the offenses listed
in this Section, when any of these offenses have been
committed against a family or household member. Domestic
battery is a Class 4 felony if the defendant has one or 2 prior
convictions under this Code for domestic battery (Section
12-3.2), or one or 2 prior convictions under the law of another
jurisdiction for any offense which is substantially similar.
Domestic battery is a Class 3 felony if the defendant had 3
prior convictions under this Code for domestic battery

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(Section 12-3.2), or 3 prior convictions under the law of
another jurisdiction for any offense which is substantially
similar. Domestic battery is a Class 2 felony if the defendant
had 4 or more prior convictions under this Code for domestic
battery (Section 12-3.2), or 4 or more prior convictions under
the law of another jurisdiction for any offense which is
substantially similar. In addition to any other sentencing
alternatives, for any second or subsequent conviction of
violating this Section, the offender shall be mandatorily
sentenced to a minimum of 72 consecutive hours of
imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.
(c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05
or 12-4), unlawful restraint (Section 10-3), or aggravated
unlawful restraint (Section 10-3.1) against a family or
household member shall be required to serve a mandatory
minimum imprisonment of 10 days or perform 300 hours of
community service, or both. The defendant shall further be
liable for the cost of any counseling required for the child at
the discretion of the court in accordance with subsection (b)
of Section 5-5-6 of the Unified Code of Corrections. For

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