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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4095 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/12-3.2 | from Ch. 38, par. 12-3.2 |
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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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| | HB4095 | | LRB098 15653 RLC 50684 b |
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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, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 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 or she |
| 9 | | knowingly
without legal justification by any means:
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| 10 | | (1) Causes bodily harm to any family or household |
| 11 | | member;
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| 12 | | (2) Makes physical contact of an insulting or provoking |
| 13 | | nature with any
family or household member.
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| 14 | | (b) Sentence. Domestic battery is a Class A misdemeanor.
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| 15 | | Domestic battery is a Class 4 felony if the the defendant has |
| 16 | | any
prior
conviction under this Code for violation
of an order |
| 17 | | of protection (Section 12-3.4 or 12-30), or any prior |
| 18 | | conviction under the
law of another jurisdiction for an offense |
| 19 | | which is substantially similar.
Domestic battery is a Class 4 |
| 20 | | felony
if the
defendant has any prior conviction under this |
| 21 | | Code for first degree murder
(Section 9-1), attempt to
commit |
| 22 | | first degree murder (Section 8-4), aggravated domestic battery |
| 23 | | (Section
12-3.3), aggravated battery
(Section 12-3.05 or |
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| | HB4095 | - 2 - | LRB098 15653 RLC 50684 b |
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| 1 | | 12-4), heinous battery (Section 12-4.1), aggravated battery |
| 2 | | with a
firearm (Section 12-4.2), aggravated battery with a |
| 3 | | machine gun or a firearm equipped with a silencer (Section |
| 4 | | 12-4.2-5), aggravated battery of a child (Section 12-4.3),
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| 5 | | aggravated battery of
an unborn child (subsection (a-5) of |
| 6 | | Section 12-3.1, or Section 12-4.4), aggravated battery of a |
| 7 | | senior citizen
(Section 12-4.6), stalking (Section 12-7.3), |
| 8 | | aggravated stalking (Section
12-7.4), criminal sexual assault |
| 9 | | (Section 11-1.20 or 12-13), aggravated criminal sexual
assault
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| 10 | | (Section 11-1.30 or 12-14), kidnapping (Section 10-1), |
| 11 | | aggravated kidnapping (Section 10-2),
predatory criminal |
| 12 | | sexual assault of a child (Section 11-1.40 or 12-14.1), |
| 13 | | aggravated
criminal sexual abuse (Section 11-1.60 or 12-16), |
| 14 | | unlawful restraint (Section 10-3),
aggravated unlawful |
| 15 | | restraint (Section 10-3.1), aggravated arson (Section
20-1.1), |
| 16 | | or 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. Domestic battery is a |
| 21 | | Class 4 felony if the defendant has one
or 2 prior
convictions |
| 22 | | under this Code for domestic battery (Section 12-3.2). Domestic |
| 23 | | battery is a Class 3 felony if the defendant had 3 prior |
| 24 | | convictions under this Code for domestic battery (Section |
| 25 | | 12-3.2). Domestic battery is a Class 2 felony if the defendant |
| 26 | | had 4 or more prior convictions under this Code for domestic |
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| | HB4095 | - 3 - | LRB098 15653 RLC 50684 b |
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| 1 | | battery (Section 12-3.2). In addition to any other
sentencing |
| 2 | | alternatives, for any second or subsequent conviction of |
| 3 | | violating this
Section, the
offender shall be mandatorily |
| 4 | | sentenced to a minimum of 72
consecutive hours of
imprisonment. |
| 5 | | The imprisonment shall not be subject to suspension, nor shall
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| 6 | | the person be eligible for probation in order to reduce the |
| 7 | | sentence.
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| 8 | | (c) Domestic battery committed in the presence of a child. |
| 9 | | In addition to
any other sentencing alternatives, a defendant |
| 10 | | who commits, in the presence of
a child, a felony domestic |
| 11 | | battery (enhanced under subsection
(b)), aggravated domestic |
| 12 | | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 |
| 13 | | or 12-4), unlawful restraint (Section
10-3), or aggravated |
| 14 | | unlawful restraint (Section 10-3.1) against a family or
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| 15 | | household member shall be required to serve a mandatory minimum |
| 16 | | imprisonment
of 10 days or perform 300 hours of community |
| 17 | | service, or both. The defendant
shall further be liable for the |
| 18 | | cost of any counseling required for the child
at the discretion |
| 19 | | of the court in accordance
with subsection (b) of Section 5-5-6 |
| 20 | | of the Unified Code of Corrections.
For purposes of this |
| 21 | | Section, "child" means a person under 18
years of age
who is |
| 22 | | the defendant's or victim's child or step-child or who is a |
| 23 | | minor child
residing
within or visiting the household of the |
| 24 | | defendant or victim.
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| 25 | | (d) Upon conviction of domestic battery, the court shall |
| 26 | | advise the defendant orally or in writing, substantially as |