State of Illinois
90th General Assembly

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 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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