State of Illinois
91st General Assembly
Legislation

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91_HB0033eng

 
HB0033 Engrossed                               LRB9100378RCks

 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.  Domestic battery  is  a  Class  4  felony  if  the
25    defendant  has  any  prior  conviction  under  this  Code for
26    domestic battery (Section 12-3.2) or violation of an order of
27    protection  (Section  12-30).  In  addition  to   any   other
28    sentencing   alternatives,   for  any  second  or  subsequent
29    conviction of violating this Section  within  5  years  of  a
30    previous  conviction for violating this Section, the offender
31    shall  be  mandatorily  sentenced  to  a  minimum  of  72  48
 
HB0033 Engrossed            -2-                LRB9100378RCks
 1    consecutive hours of imprisonment.   The  imprisonment  shall
 2    not  be  subject  to  suspension,  nor  shall  the  person be
 3    eligible for probation in order to reduce the sentence.
 4    (Source: P.A. 90-734, eff. 1-1-99.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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