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90_HB0651eng
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
Amends the Criminal Code of 1961. Provides that a person
convicted of domestic battery shall for a first offense be
sentenced to a minimum of 48 consecutive hours of
imprisonment that shall not be suspended or reduced (now the
mandatory minimum 48 hours of imprisonment applies to a
second conviction within 5 years of a previous conviction for
domestic battery.) Effective immediately.
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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
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 Misdemeanor
20 for which the offender shall be mandatorily sentenced to a
21 minimum of 48 consecutive hours of imprisonment. The
22 imprisonment shall not be subject to suspension, nor shall
23 the person be eligible for probation in order to reduce the
24 sentence. A second and subsequent violation is a Class 4
25 felony for which the offender shall be mandatorily sentenced
26 to a minimum of 96 nonconsecutive hours of imprisonment. The
27 imprisonment shall not be subject to suspension, nor shall
28 the person be eligible for probation in order to reduce the
29 sentence. In addition to any other sentencing alternatives,
30 for any second conviction of violating this Section within 5
31 years of a previous conviction for violating this Section,
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1 the offender shall be mandatorily sentenced to a minimum of
2 48 consecutive hours of imprisonment. The imprisonment shall
3 not be subject to suspension, nor shall the person be
4 eligible for probation in order to reduce the sentence.
5 (Source: P.A. 88-467.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.