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91_HB1272
LRB9103912KSpr
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. In addition to any other sentencing
21 alternatives, for a first conviction of violating this
22 Section, the offender shall be mandatorily sentenced to a
23 minimum of 24 consecutive hours of imprisonment. The
24 imprisonment shall not be subject to suspension, nor shall
25 the person be eligible for probation in order to reduce the
26 sentence. Domestic battery is a Class 4 felony if the
27 defendant has any prior conviction under this Code for
28 domestic battery (Section 12-3.2) or violation of an order of
29 protection (Section 12-30). In addition to any other
30 sentencing alternatives, for any second conviction of
31 violating this Section within 5 years of a previous
-2- LRB9103912KSpr
1 conviction for violating this Section, the offender shall be
2 mandatorily sentenced to a minimum of 48 consecutive hours of
3 imprisonment. The imprisonment shall not be subject to
4 suspension, nor shall the person be eligible for probation in
5 order to reduce the sentence.
6 (Source: P.A. 90-734, eff. 1-1-99.)