State of Illinois
91st General Assembly
Legislation

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91_HB1514eng

 
HB1514 Engrossed                               LRB9103627RCtm

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Sections 12-3.2 and 12-4.3.

 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 Sections 12-3.2 and 12-4.3 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  4  felony  A
20    Misdemeanor.  Domestic  battery  is a Class 3 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.)
 
HB1514 Engrossed            -2-                LRB9103627RCtm
 1        (720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
 2        Sec. 12-4.3.  Aggravated battery of a child.
 3        (a)  Any person of the  age  18  years  and  upwards  who
 4    intentionally  or  knowingly, and without legal justification
 5    and by any means,  causes  great  bodily  harm  or  permanent
 6    disability  or disfigurement to any child under the age of 13
 7    years or to  any  institutionalized  severely  or  profoundly
 8    mentally  retarded  person, commits the offense of aggravated
 9    battery of a child.
10        (b)  Aggravated battery of a child is a  Class  X  felony
11    for  which  the  offender  must  be  sentenced  to  a term of
12    imprisonment of not less than 30 years and not more  than  60
13    years.
14    (Source: P.A. 89-313, eff. 1-1-96.)

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