Full Text of HB1387 103rd General Assembly
HB1387 103RD GENERAL ASSEMBLY
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
Introduced 1/31/2023, by Rep. Jackie Haas
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
|HB1387||LRB103 05216 RJT 50232 b|
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Criminal Code of 2012 is amended by
changing Section 12-3.3 as follows:
(720 ILCS 5/12-3.3)
Aggravated domestic battery.
(a) A person who, in committing a domestic battery,
knowingly causes great bodily harm, or permanent disability or
commits aggravated domestic battery.
(a-5) A person who, in committing a domestic battery,
strangles another individual commits aggravated domestic
battery. For the purposes of this subsection (a-5), "strangle"
means intentionally impeding the normal breathing or
circulation of the blood of an individual by applying pressure
on the throat or neck of that individual or by blocking the
nose or mouth of that individual.
A violation of subsection (a)
is a Class 2 felony.
A violation of
subsection (a-5) 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.
or conditional discharge entered following a conviction for an
|HB1387||- 2 -||LRB103 05216 RJT 50232 b|
offense under this Section must include, in addition to any
other condition of
probation or conditional discharge, a
condition that the offender serve a
mandatory term of
imprisonment of not less than 60 consecutive days. A person
convicted of a second or subsequent violation of this Section
sentenced to a mandatory term of imprisonment of not
less than 3 years and not
more than 7 years or an extended term
of imprisonment of not less than 7 years
and not more than 14
(c) Upon conviction of aggravated domestic battery, the
court shall advise the defendant orally or in writing,
substantially as follows: "An individual convicted of
aggravated domestic battery may be subject to federal criminal
penalties for possessing, transporting, shipping, or receiving
any firearm or ammunition in violation of the federal Gun
Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
shall be made in the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11