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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3677 Introduced , by Rep. Emily McAsey 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 a person convicted of domestic battery shall serve a mandatory minimum term of imprisonment of 30 days. Provides that in addition to any sentencing alternatives, for any second or subsequent conviction of domestic battery, the
offender shall be mandatorily sentenced to a minimum of 30 days imprisonment (rather than a minimum of 72 consecutive hours of imprisonment). Provides that in addition to
any other sentencing alternatives, a defendant who commits, in the presence of
a child, a felony domestic battery (enhanced under the domestic battery statute), aggravated domestic battery,
aggravated battery, unlawful restraint, or aggravated unlawful restraint against a family or
household member shall be required to serve a mandatory minimum sentence of imprisonment of 30 days and perform 300 hours of community service (rather than serve a mandatory minimum sentence of 10 days or perform 300 hours of community service, or both).
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3677 | | LRB098 13719 RLC 48246 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 for |
| 15 | | which the
offender shall be sentenced to a mandatory minimum |
| 16 | | term of imprisonment of 30 days. The imprisonment shall not be |
| 17 | | subject to suspension, nor shall
the person be eligible for |
| 18 | | probation in order to reduce the sentence.
Domestic battery is |
| 19 | | a Class 4 felony if the defendant has any
prior
conviction |
| 20 | | under this Code for violation
of an order of protection |
| 21 | | (Section 12-3.4 or 12-30), or any prior conviction under the
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| 22 | | law of another jurisdiction for an offense which is |
| 23 | | substantially similar.
Domestic battery is a Class 4 felony
if |
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| 1 | | the
defendant has any prior conviction under this Code for |
| 2 | | first degree murder
(Section 9-1), attempt to
commit first |
| 3 | | degree murder (Section 8-4), aggravated domestic battery |
| 4 | | (Section
12-3.3), aggravated battery
(Section 12-3.05 or |
| 5 | | 12-4), heinous battery (Section 12-4.1), aggravated battery |
| 6 | | with a
firearm (Section 12-4.2), aggravated battery with a |
| 7 | | machine gun or a firearm equipped with a silencer (Section |
| 8 | | 12-4.2-5), aggravated battery of a child (Section 12-4.3),
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| 9 | | aggravated battery of
an unborn child (subsection (a-5) of |
| 10 | | Section 12-3.1, or Section 12-4.4), aggravated battery of a |
| 11 | | senior citizen
(Section 12-4.6), stalking (Section 12-7.3), |
| 12 | | aggravated stalking (Section
12-7.4), criminal sexual assault |
| 13 | | (Section 11-1.20 or 12-13), aggravated criminal sexual
assault
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| 14 | | (Section 11-1.30 or 12-14), kidnapping (Section 10-1), |
| 15 | | aggravated kidnapping (Section 10-2),
predatory criminal |
| 16 | | sexual assault of a child (Section 11-1.40 or 12-14.1), |
| 17 | | aggravated
criminal sexual abuse (Section 11-1.60 or 12-16), |
| 18 | | unlawful restraint (Section 10-3),
aggravated unlawful |
| 19 | | restraint (Section 10-3.1), aggravated arson (Section
20-1.1), |
| 20 | | or aggravated discharge of a firearm
(Section 24-1.2), or any |
| 21 | | prior conviction under the law of another
jurisdiction for any |
| 22 | | offense that is substantially similar to the offenses
listed in |
| 23 | | this Section, when any of these
offenses have been committed
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| 24 | | against a
family or household member. Domestic battery is a |
| 25 | | Class 4 felony if the defendant has one
or 2 prior
convictions |
| 26 | | under this Code for domestic battery (Section 12-3.2). Domestic |
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| 1 | | battery is a Class 3 felony if the defendant had 3 prior |
| 2 | | convictions under this Code for domestic battery (Section |
| 3 | | 12-3.2). Domestic battery is a Class 2 felony if the defendant |
| 4 | | had 4 or more prior convictions under this Code for domestic |
| 5 | | battery (Section 12-3.2). In addition to any other
sentencing |
| 6 | | alternatives, for any second or subsequent conviction of |
| 7 | | violating this
Section, the
offender shall be mandatorily |
| 8 | | sentenced to a minimum of 30 days 72
consecutive hours of
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| 9 | | imprisonment. The imprisonment shall not be subject to |
| 10 | | suspension, nor shall
the person be eligible for probation in |
| 11 | | order to reduce the sentence.
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| 12 | | (c) Domestic battery committed in the presence of a child. |
| 13 | | In addition to
any other sentencing alternatives, a defendant |
| 14 | | who commits, in the presence of
a child, a felony domestic |
| 15 | | battery (enhanced under subsection
(b)), aggravated domestic |
| 16 | | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 |
| 17 | | or 12-4), unlawful restraint (Section
10-3), or aggravated |
| 18 | | unlawful restraint (Section 10-3.1) against a family or
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| 19 | | household member shall be required to serve a mandatory minimum |
| 20 | | imprisonment
of 30 10 days and or perform 300 hours of |
| 21 | | community service, or both. The defendant
shall further be |
| 22 | | liable for the cost of any counseling required for the child
at |
| 23 | | the discretion of the court in accordance
with subsection (b) |
| 24 | | of Section 5-5-6 of the Unified Code of Corrections.
For |
| 25 | | purposes of this Section, "child" means a person under 18
years |
| 26 | | of age
who is the defendant's or victim's child or step-child |
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| 1 | | or who is a minor child
residing
within or visiting the |
| 2 | | household of the defendant or victim.
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| 3 | | (d) Upon conviction of domestic battery, the court shall |
| 4 | | advise the defendant orally or in writing, substantially as |
| 5 | | follows: "An individual convicted of domestic battery may be |
| 6 | | subject to federal criminal penalties for possessing, |
| 7 | | transporting, shipping, or receiving any firearm or ammunition |
| 8 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. |
| 9 | | 922(g)(8) and (9))." A notation shall be made in the court file |
| 10 | | that the admonition was given. |
| 11 | | (Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14.)
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