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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0080
LRB9101960RCcs
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
20 Misdemeanor. Domestic battery is a Class 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). Domestic battery is a Class 3
24 felony if the defendant causes bodily harm to a family or
25 household member in the presence of a person under 18 years
26 of age. In addition to any other sentencing alternatives,
27 for any second conviction of violating this Section within 5
28 years of a previous conviction for violating this Section,
29 the offender shall be mandatorily sentenced to a minimum of
30 48 consecutive hours of imprisonment. The imprisonment shall
31 not be subject to suspension, nor shall the person be
-2- LRB9101960RCcs
1 eligible for probation in order to reduce the sentence.
2 (Source: P.A. 90-734, eff. 1-1-99.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.