Bill Text: IL HB1129 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Moderate Partisan Bill (Democrat 26-3)

Status: (Engrossed - Dead) 2016-07-31 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB1129 Detail]

Download: Illinois-2015-HB1129-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1129 Introduced , by Rep. Michael J. Madigan 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 or

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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 (Section

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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 purposes of this
Section, "child" means a person under 18 years of age who is

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the defendant's or victim's child or step-child or who is a
minor child residing within or visiting the household of the
defendant or victim.