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90_HB0127ham001
LRB9000940RCksam
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
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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.
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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.)".