HB0433 96TH GENERAL ASSEMBLY

LRB096 04829 RLC 17608 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0433

Introduced 2/3/2009, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-37 new

Amends the Criminal Code of 1961. Creates the offense of strangulation. Provides that a person commits the offense if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person. Provides that strangulation is a Class 4 felony. Provides that strangulation is a Class 1 felony if (1) the person used or attempted to use a dangerous instrument while committing the offense; (2) the person caused serious bodily injury to the other person while committing the offense; or (3) the person has been previously convicted of strangulation under the laws of this State or any other state. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 12-37 as follows:

(720 ILCS 5/12-37 new)

Sec. 12-37. Strangulation.

(a) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.

(b) Except as provided in subsection (c) of this Section, strangulation is a Class 4 felony.

(c) Strangulation is a Class 1 felony if:

(1) the person used or attempted to use a dangerous instrument while committing the offense;

(2) the person caused serious bodily injury to the other person while committing the offense; or

(3) the person has been previously convicted of strangulation under the laws of this State or any other state.

Section 99. Effective date. This Act takes effect upon becoming law.