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.)