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90_SB1215eng
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
SB1215 Engrossed 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) or violation of an order of
23 protection (Section 12-30). A second and subsequent violation
24 is a Class 4 felony. In addition to any other sentencing
25 alternatives, for any second conviction of violating this
26 Section within 5 years of a previous conviction for violating
27 this Section, the offender shall be mandatorily sentenced to
28 a minimum of 48 consecutive hours of imprisonment. The
29 imprisonment shall not be subject to suspension, nor shall
30 the person be eligible for probation in order to reduce the
31 sentence.
SB1215 Engrossed -2- LRB9007695RCcdA
1 (Source: P.A. 88-467.)
2 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
3 Sec. 12-30. Violation of an order of protection.
4 (a) A person commits violation of an order of protection
5 if he or she:
6 (1) Commits an act which was prohibited by a court
7 or fails to commit an act which was ordered by a court in
8 violation of a remedy in a valid order of protection
9 authorized under paragraphs (1), (2), (3), or (14) of
10 subsection (b) of Section 214 of the Illinois Domestic
11 Violence Act of 1986, or any other remedy when the act
12 constitutes a crime against the protected parties as the
13 term protected parties is defined in Section 112A-4 of
14 the Code of Criminal Procedure of 1963.
15 (2) Such violation occurs after the offender has
16 been served notice of the contents of the order, pursuant
17 to the Illinois Domestic Violence Act, or otherwise has
18 acquired actual knowledge of the contents of the order.
19 (b) For purposes of this Section, an "order of
20 protection" may have been issued by any circuit or associate
21 judge in the State of Illinois in a criminal or civil
22 proceeding.
23 (c) Nothing in this Section shall be construed to
24 diminish the inherent authority of the courts to enforce
25 their lawful orders through civil or criminal contempt
26 proceedings.
27 (d) Violation of an order of protection under subsection
28 (a) of this Section is a Class A misdemeanor. Violation of an
29 order of protection under subsection (a) of this Section is a
30 Class 4 felony if the defendant has any prior conviction
31 under this Code for domestic battery (Section 12-3.2) or
32 violation of an order of protection (Section 12-30). A second
33 or subsequent offense is a Class 4 felony. The court shall
SB1215 Engrossed -3- LRB9007695RCcdA
1 impose a minimum penalty of 24 hours imprisonment for
2 defendant's second or subsequent violation of any order of
3 protection; unless the court explicitly finds that an
4 increased penalty or such period of imprisonment would be
5 manifestly unjust. In addition to any other penalties, the
6 court may order the defendant to pay a fine as authorized
7 under Section 5-9-1 of the Unified Code of Corrections or to
8 make restitution to the victim under Section 5-5-6 of the
9 Unified Code of Corrections. In addition to any other
10 penalties, including those imposed by Section 5-9-1.5 of the
11 Unified Code of Corrections, the court shall impose an
12 additional fine of $20 as authorized by Section 5-9-1.11 of
13 the Unified Code of Corrections upon any person convicted of
14 or placed on supervision for a violation of this Section.
15 The additional fine shall be imposed for each violation of
16 this Section.
17 (Source: P.A. 90-241, eff. 1-1-98.)