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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4653 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
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720 ILCS 5/12-3.2 | from Ch. 38, par. 12-3.2 |
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Amends the Criminal Code of 2012. Provides that the enhanced penalties for domestic battery if a person has had prior convictions for certain offense apply to prior convictions under the law of another jurisdiction for any offense which is substantially similar.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4653 | | LRB098 18207 RLC 53337 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,
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| 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 defendant has any
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| 16 | | prior
conviction under this Code for violation
of an order of |
| 17 | | protection (Section 12-3.4 or 12-30), or any prior conviction |
| 18 | | under the
law of another jurisdiction for an offense which is |
| 19 | | substantially similar.
Domestic battery is a Class 4 felony
if |
| 20 | | the
defendant has any prior conviction under this Code for |
| 21 | | first degree murder
(Section 9-1), attempt to
commit first |
| 22 | | degree murder (Section 8-4), aggravated domestic battery |
| 23 | | (Section
12-3.3), aggravated battery
(Section 12-3.05 or |
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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), or one |
| 23 | | or 2 prior convictions under the law of another jurisdiction |
| 24 | | for any offense which is substantially similar. Domestic |
| 25 | | battery is a Class 3 felony if the defendant had 3 prior |
| 26 | | convictions under this Code for domestic battery (Section |
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| 1 | | 12-3.2), or 3 prior convictions under the law of another |
| 2 | | jurisdiction for any offense which is substantially similar. |
| 3 | | Domestic battery is a Class 2 felony if the defendant had 4 or |
| 4 | | more prior convictions under this Code for domestic battery |
| 5 | | (Section 12-3.2), or 4 or more prior convictions under the law |
| 6 | | of another jurisdiction for any offense which is substantially |
| 7 | | similar. In addition to any other
sentencing alternatives, for |
| 8 | | any second or subsequent conviction of violating this
Section, |
| 9 | | the
offender shall be mandatorily sentenced to a minimum of 72
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| 10 | | consecutive hours of
imprisonment. The imprisonment shall not |
| 11 | | be subject to suspension, nor shall
the person be eligible for |
| 12 | | probation in order to reduce the sentence.
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| 13 | | (c) Domestic battery committed in the presence of a child. |
| 14 | | In addition to
any other sentencing alternatives, a defendant |
| 15 | | who commits, in the presence of
a child, a felony domestic |
| 16 | | battery (enhanced under subsection
(b)), aggravated domestic |
| 17 | | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 |
| 18 | | or 12-4), unlawful restraint (Section
10-3), or aggravated |
| 19 | | unlawful restraint (Section 10-3.1) against a family or
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| 20 | | household member shall be required to serve a mandatory minimum |
| 21 | | imprisonment
of 10 days or perform 300 hours of community |
| 22 | | service, or both. The defendant
shall further be liable for the |
| 23 | | cost of any counseling required for the child
at the discretion |
| 24 | | of the court in accordance
with subsection (b) of Section 5-5-6 |
| 25 | | of the Unified Code of Corrections.
For purposes of this |
| 26 | | Section, "child" means a person under 18
years of age
who is |
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| 1 | | the defendant's or victim's child or step-child or who is a |
| 2 | | minor child
residing
within or visiting the household of the |
| 3 | | defendant or victim.
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| 4 | | (d) Upon conviction of domestic battery, the court shall |
| 5 | | advise the defendant orally or in writing, substantially as |
| 6 | | follows: "An individual convicted of domestic battery may be |
| 7 | | subject to federal criminal penalties for possessing, |
| 8 | | transporting, shipping, or receiving any firearm or ammunition |
| 9 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. |
| 10 | | 922(g)(8) and (9))." A notation shall be made in the court file |
| 11 | | that the admonition was given. |
| 12 | | (Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14.)
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