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90_HB3509
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
Amends the Criminal Code of 1961. Provides that a person
convicted of domestic battery who has been previously
convicted of stalking, aggravated stalking, or a forcible
felony is guilty of a Class 4 felony (now only previous
convictions for domestic battery enhance the offense from a
Class A misdemeanor to a Class 4 felony). Provides that
these offenders who have been convicted of any of these
offenses within 5 years must serve at least 48 consecutive
hours of imprisonment.
LRB9009651RCks
LRB9009651RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-3.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-3.2 as follows:
7 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
8 Sec. 12-3.2. Domestic Battery.
9 (a) A person commits domestic battery if he
10 intentionally or knowingly without legal justification by any
11 means:
12 (1) Causes bodily harm to any family or household
13 member as defined in subsection (3) of Section 112A-3 of
14 the Code of Criminal Procedure of 1963, as amended;
15 (2) Makes physical contact of an insulting or
16 provoking nature with any family or household member as
17 defined in subsection (3) of Section 112A-3 of the Code
18 of Criminal Procedure of 1963, as amended.
19 (b) Sentence. Domestic battery is a Class A
20 Misdemeanor. A second and subsequent violation is a Class 4
21 felony. A person convicted of domestic battery who has been
22 previously convicted of stalking, aggravated stalking, or any
23 forcible felony is guilty of a Class 4 felony. In addition
24 to any other sentencing alternatives, for any second
25 conviction of violating this Section within 5 years of a
26 previous conviction for violating this Section, or for a
27 conviction of violating this Section within 5 years of a
28 previous conviction for stalking, aggravated stalking, or any
29 forcible felony, the offender shall be mandatorily sentenced
30 to a minimum of 48 consecutive hours of imprisonment. The
31 imprisonment shall not be subject to suspension, nor shall
-2- LRB9009651RCks
1 the person be eligible for probation in order to reduce the
2 sentence.
3 (Source: P.A. 88-467.)