Synopsis As Introduced Amends the Criminal Code of 1961. Creates the offense of domestic assault when a person knowingly or intentionally engages in conduct that places a family or household member in reasonable apprehension of receiving a battery. Requires a peace officer to arrest the offender upon the establishment of probable cause. Makes the offense a Class A misdemeanor.
Provides that a peace officer may arrest a person for domestic assault (rather than must arrest the offender upon the establishment of probable cause) if the officer has probable cause to believe that there is imminent danger of physical harm to the non-aggressor. Provides that the penalty for domestic assault is a Class B (rather than a Class A) misdemeanor. Provides that domestic assault is a Class A misdemeanor if the defendant has any prior conviction for domestic assault, aggravated domestic assault, domestic damage to property, domestic battery, or aggravated domestic battery. Amends the Unified Code of Corrections. Provides that if the defendant committed domestic assault and has a prior conviction for domestic assault, aggravated domestic assault, domestic damage to property, domestic battery, or aggravated domestic battery, the prior conviction is an aggravating factor that the court may consider in sentencing.
House Committee Amendment No. 2 Provides that the offense of domestic assault does not apply to a parent or guardian while exercising parental discipline over a child under his or her custody.