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91_HB0359
LRB9101176RCks
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 or she
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. Domestic battery is a Class 4 felony if the
21 defendant has any prior conviction under this Code for
22 domestic battery (Section 12-3.2) or violation of an order of
23 protection (Section 12-30). In addition to any other
24 sentencing alternatives, for any second conviction of
25 violating this Section within 5 years of a previous
26 conviction for violating this Section, the offender shall be
27 mandatorily sentenced to a minimum of 48 consecutive hours of
28 imprisonment. The imprisonment shall not be subject to
29 suspension, nor shall the person be eligible for probation in
30 order to reduce the sentence.
31 (Source: P.A. 90-734, eff. 1-1-99.)