103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1387
 
Introduced 1/31/2023, by Rep. Jackie Haas
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/12-3.3

     Amends the Criminal Code of 2012.  Provides that the penalty for aggravated domestic battery is a Class X felony for which the person shall be sentenced to a mandatory term of imprisonment of not less than 6 years and not more than 30 years when the person, in committing  a domestic battery, strangles another individual.
  


LRB103 05216 RJT 50232 b

 
 
A BILL FOR
 

  
HB1387LRB103 05216 RJT 50232 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 12-3.3 as follows:
 


6    (720 ILCS 5/12-3.3)




7    Sec. 12-3.3. Aggravated domestic battery. 

8    (a) A person who, in committing a domestic battery,

9knowingly causes great bodily harm, or permanent disability or 
10disfigurement
commits aggravated domestic battery.

11    (a-5)  A person who, in committing a domestic battery, 
12strangles another individual commits aggravated domestic 
13battery. For the purposes of this subsection (a-5), "strangle" 
14means intentionally impeding the normal breathing or 
15circulation of the blood of an individual by applying pressure 
16on the throat or neck of that individual or by blocking the 
17nose or mouth of that individual.
18    (b) Sentence.  A violation of subsection (a) Aggravated 
19domestic battery is a Class 2 felony.  A violation of 
20subsection (a-5) is a Class X felony for which the person shall 
21be sentenced to a mandatory term of imprisonment of not less 
22than 6 years and not more than 30 years. Any order
of probation 
23or conditional discharge entered following a conviction for an

 
 
HB1387- 2 -LRB103 05216 RJT 50232 b

1offense under this Section must include, in addition to any 
2other condition of
probation or conditional discharge, a 
3condition that the offender serve a
mandatory term of 
4imprisonment of not less than 60 consecutive days.  A person

5convicted of a second or subsequent violation of this Section 
6must be
sentenced to a mandatory term of imprisonment of not 
7less than 3 years and not
more than 7 years or an extended term 
8of imprisonment of not less than 7 years
and not more than 14 
9years.

10    (c)  Upon conviction of aggravated domestic battery, the 
11court shall advise the defendant orally or in writing, 
12substantially as follows:   "An individual convicted of 
13aggravated domestic battery may be subject to federal criminal 
14penalties for possessing, transporting, shipping, or receiving 
15any firearm or ammunition in violation of  the federal Gun 
16Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))."  A notation 
17shall be made in the court file that the admonition was given. 
18(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09; 
1996-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)