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90_SB1215
720 ILCS 5/12-3.2 from Ch. 38, par. 12-3.2
720 ILCS 5/12-30 from Ch. 38, par. 12-30
Amends the Criminal Code of 1961 relating to the offenses
of domestic battery and violation of an order of protection.
Provides that each is a Class 4 felony if the defendant has
any prior conviction for domestic battery, aggravated
battery, stalking, aggravated stalking, or violation of an
order of protection.
LRB9007695RCcdA
LRB9007695RCcdA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-3.2 and 12-30.
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 Sections 12-3.2 and 12-30 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), aggravated battery
23 (Section 12-4), stalking (Section 12-7.3), aggravated
24 stalking (Section 12-7.4), or violation of an order of
25 protection (Section 12-30). A second and subsequent violation
26 is a Class 4 felony. In addition to any other sentencing
27 alternatives, for any second conviction of violating this
28 Section within 5 years of a previous conviction for violating
29 this Section, the offender shall be mandatorily sentenced to
30 a minimum of 48 consecutive hours of imprisonment. The
31 imprisonment shall not be subject to suspension, nor shall
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1 the person be eligible for probation in order to reduce the
2 sentence.
3 (Source: P.A. 88-467.)
4 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
5 Sec. 12-30. Violation of an order of protection.
6 (a) A person commits violation of an order of protection
7 if he or she:
8 (1) Commits an act which was prohibited by a court
9 or fails to commit an act which was ordered by a court in
10 violation of a remedy in a valid order of protection
11 authorized under paragraphs (1), (2), (3), or (14) of
12 subsection (b) of Section 214 of the Illinois Domestic
13 Violence Act of 1986, or any other remedy when the act
14 constitutes a crime against the protected parties as the
15 term protected parties is defined in Section 112A-4 of
16 the Code of Criminal Procedure of 1963.
17 (2) Such violation occurs after the offender has
18 been served notice of the contents of the order, pursuant
19 to the Illinois Domestic Violence Act, or otherwise has
20 acquired actual knowledge of the contents of the order.
21 (b) For purposes of this Section, an "order of
22 protection" may have been issued by any circuit or associate
23 judge in the State of Illinois in a criminal or civil
24 proceeding.
25 (c) Nothing in this Section shall be construed to
26 diminish the inherent authority of the courts to enforce
27 their lawful orders through civil or criminal contempt
28 proceedings.
29 (d) Violation of an order of protection under subsection
30 (a) of this Section is a Class A misdemeanor. Violation of an
31 order of protection under subsection (a) of this Section is a
32 Class 4 felony if the defendant has any prior conviction
33 under this Code for domestic battery (Section 12-3.2),
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1 aggravated battery (Section 12-4), stalking (Section 12-7.3),
2 aggravated stalking (Section 12-7.4), or violation of an
3 order of protection (Section 12-30). A second or subsequent
4 offense is a Class 4 felony. The court shall impose a minimum
5 penalty of 24 hours imprisonment for defendant's second or
6 subsequent violation of any order of protection; unless the
7 court explicitly finds that an increased penalty or such
8 period of imprisonment would be manifestly unjust. In
9 addition to any other penalties, the court may order the
10 defendant to pay a fine as authorized under Section 5-9-1 of
11 the Unified Code of Corrections or to make restitution to the
12 victim under Section 5-5-6 of the Unified Code of
13 Corrections. In addition to any other penalties, including
14 those imposed by Section 5-9-1.5 of the Unified Code of
15 Corrections, the court shall impose an additional fine of $20
16 as authorized by Section 5-9-1.11 of the Unified Code of
17 Corrections upon any person convicted of or placed on
18 supervision for a violation of this Section. The additional
19 fine shall be imposed for each violation of this Section.
20 (Source: P.A. 90-241, eff. 1-1-98.)