Public Act 90-0734 of the 90th General Assembly
Public Act 90-0734
SB1215 Enrolled LRB9007695RCcdA
AN ACT to amend the Criminal Code of 1961 by changing
Sections 12-3.2 and 12-30.
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 Sections 12-3.2 and 12-30 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 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). A second and subsequent violation
is a Class 4 felony. In addition to any other sentencing
alternatives, for any second conviction of violating this
Section within 5 years of a previous conviction for violating
this Section, the offender shall be mandatorily sentenced to
a minimum of 48 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.
(Source: P.A. 88-467.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection
if he or she:
(1) Commits an act which was prohibited by a court
or fails to commit an act which was ordered by a court in
violation of a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), or (14) of
subsection (b) of Section 214 of the Illinois Domestic
Violence Act of 1986, or any other remedy when the act
constitutes a crime against the protected parties as the
term protected parties is defined in Section 112A-4 of
the Code of Criminal Procedure of 1963.
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant
to the Illinois Domestic Violence Act, or otherwise has
acquired actual knowledge of the contents of the order.
(b) For purposes of this Section, an "order of
protection" may have been issued by any circuit or associate
judge in the State of Illinois in a criminal or civil
proceeding.
(c) Nothing in this Section shall be construed to
diminish the inherent authority of the courts to enforce
their lawful orders through civil or criminal contempt
proceedings.
(d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section 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). A second
or subsequent offense is a Class 4 felony. The court shall
impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be
manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized
under Section 5-9-1 of the Unified Code of Corrections or to
make restitution to the victim under Section 5-5-6 of the
Unified Code of Corrections. In addition to any other
penalties, including those imposed by Section 5-9-1.5 of the
Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of
the Unified Code of Corrections upon any person convicted of
or placed on supervision for a violation of this Section.
The additional fine shall be imposed for each violation of
this Section.
(Source: P.A. 90-241, eff. 1-1-98.)