Bill Text: IL HB3345 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning domestic battery.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3345 Detail]

Download: Illinois-2009-HB3345-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3345 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning domestic battery.
LRB096 09724 RLC 19887 b
A BILL FOR
HB3345 LRB096 09724 RLC 19887 b
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 1961 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 intentionally
or knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking
nature with any family or household member as defined in
subsection (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for domestic battery (Section
12-3.2) or violation of an order of protection (Section 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

HB3345 - 2 - LRB096 09724 RLC 19887 b
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
12-4), heinous battery (Section 12-4.1), aggravated battery
with a firearm (Section 12-4.2), aggravated battery of a child
(Section 12-4.3), aggravated battery of an unborn child
(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
12-13), aggravated criminal sexual assault (12-14), kidnapping
(Section 10-1), aggravated kidnapping (Section 10-2),
predatory criminal sexual assault of a child (Section 12-14.1),
aggravated criminal sexual abuse (Section 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 as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. 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

HB3345 - 3 - LRB096 09724 RLC 19887 b
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 12-4),
unlawful restraint (Section 10-3), or aggravated unlawful
restraint (Section 10-3.1) against a family or household
member, as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963, 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 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. For purposes of this
Section, "in the presence of a child" means in the physical
presence of a child or knowing or having reason to know that a
child is present and may see or hear an act constituting one of
the offenses listed in this subsection.
(Source: P.A. 93-336, eff. 1-1-04; 93-809, eff. 1-1-05; 94-148,
eff. 1-1-06.)