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90_HB2513
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
Amends the Criminal Code of 1961. Provides that for a
first offense of domestic battery, the offender shall be
sentenced to a mandatory minimum 48 consecutive hours of
imprisonment. Provides that for a second or subsequent
conviction of domestic battery, the offender shall be
sentenced to a mandatory minimum 72 consecutive hours of
imprisonment (now for a second conviction committed within 5
years of a previous conviction, the offender shall be
mandatorily sentenced to a minimum 48 consecutive hours of
imprisonment). Effective immediately.
LRB9008879RCks
LRB9008879RCks
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. In addition to any other sentencing alternatives, for
26 any second or subsequent conviction of violating this Section
27 within 5 years of a previous conviction for violating this
28 Section, the offender shall be mandatorily sentenced to a
29 minimum of 72 48 consecutive hours of imprisonment. The
30 imprisonment shall not be subject to suspension, nor shall
31 the person be eligible for probation in order to reduce the
-2- LRB9008879RCks
1 sentence.
2 (Source: P.A. 88-467.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.