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90_HB0127ham001 LRB9000940RCksam 1 AMENDMENT TO HOUSE BILL 127 2 AMENDMENT NO. . Amend House Bill 127, by replacing 3 the title with the following: 4 "AN ACT in relation to criminal law."; and 5 on page 4, by inserting below line 1, the following: 6 "Section 10. The Criminal Code of 1961 is amended by 7 changing Sections 12-3.2 and 12-30 as follows: 8 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 9 Sec. 12-3.2. Domestic Battery. 10 (a) A person commits domestic battery if he 11 intentionally or knowingly without legal justification by any 12 means: 13 (1) Causes bodily harm to any family or household 14 member as defined in subsection (3) of Section 112A-3 of 15 the Code of Criminal Procedure of 1963, as amended; 16 (2) Makes physical contact of an insulting or 17 provoking nature with any family or household member as 18 defined in subsection (3) of Section 112A-3 of the Code 19 of Criminal Procedure of 1963, as amended. 20 (b) Sentence. Domestic battery is a Class A 21 Misdemeanor. A second and subsequent violation is a Class 4 -2- LRB9000940RCksam 1 felony. In addition to any other sentencing alternatives, for 2 any second conviction of violating this Section within 5 3 years of a previous conviction for violating this Section, 4 the offender shall be mandatorily sentenced to a minimum of 5 48 consecutive hours of imprisonment. The imprisonment shall 6 not be subject to suspension, nor shall the person be 7 eligible for probation in order to reduce the sentence. Upon 8 conviction of a person for domestic battery, the circuit 9 clerk of the circuit in which judgment was entered shall send 10 written notification of the defendant's conviction to the 11 Department of Professional Regulation. 12 (Source: P.A. 88-467.) 13 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 14 Sec. 12-30. Violation of an order of protection. 15 (a) A person commits violation of an order of protection 16 if he or she: 17 (1) Commits an act which was prohibited by a court 18 or fails to commit an act which was ordered by a court in 19 violation of a remedy in a valid order of protection 20 authorized under paragraphs (1), (2), (3), or (14) of 21 subsection (b) of Section 214 of the Illinois Domestic 22 Violence Act of 1986, or any other remedy when the act 23 constitutes a crime against the protected parties as the 24 term protected parties is defined in Section 112A-4 of 25 the Code of Criminal Procedure of 1963. 26 (2) Such violation occurs after the offender has 27 been served notice of the contents of the order, pursuant 28 to the Illinois Domestic Violence Act, or otherwise has 29 acquired actual knowledge of the contents of the order. 30 (b) For purposes of this Section, an "order of 31 protection" may have been issued by any circuit or associate 32 judge in the State of Illinois in a criminal or civil 33 proceeding. -3- LRB9000940RCksam 1 (c) Nothing in this Section shall be construed to 2 diminish the inherent authority of the courts to enforce 3 their lawful orders through civil or criminal contempt 4 proceedings. 5 (d) Violation of an order of protection under subsection 6 (a) of this Section is a Class A misdemeanor. A second or 7 subsequent offense is a Class 4 felony. The court shall 8 impose a minimum penalty of 24 hours imprisonment for 9 defendant's second or subsequent violation of any order of 10 protection; unless the court explicitly finds that an 11 increased penalty or such period of imprisonment would be 12 manifestly unjust. In addition to any other penalties, the 13 court may order the defendant to pay a fine as authorized 14 under Section 5-9-1 of the Unified Code of Corrections or to 15 make restitution to the victim under Section 5-5-6 of the 16 Unified Code of Corrections. Upon conviction or an order of 17 supervision for violation of an order of protection, the 18 circuit clerk of the circuit in which judgment was entered 19 shall send written notification of the defendant's conviction 20 or an order of supervision to the Department of Professional 21 Regulation. 22 (Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.)".
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