Full Text of HB3356 103rd General Assembly
HB3356 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3356 Introduced 2/17/2023, by Rep. Amy L. Grant - Patrick Windhorst SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Provides that a person who, in committing a domestic battery, other than by discharge of a firearm,
knows the individual battered to be a person
60 years of age or older commits aggravated domestic battery.
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| | A BILL FOR |
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| | | HB3356 | | LRB103 25582 RLC 51931 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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,
| 9 | | knowingly causes great bodily harm, or permanent disability or | 10 | | disfigurement
commits aggravated domestic battery.
| 11 | | (a-5) A person who, in committing a domestic battery, | 12 | | strangles another individual commits aggravated domestic | 13 | | battery. For the purposes of this subsection (a-5), "strangle" | 14 | | means intentionally impeding the normal breathing or | 15 | | circulation of the blood of an individual by applying pressure | 16 | | on the throat or neck of that individual or by blocking the | 17 | | nose or mouth of that individual. | 18 | | (a-10) A person who, in committing a domestic battery, | 19 | | other than by discharge of a firearm,
knows the individual | 20 | | battered to be a person
60 years of age or older commits | 21 | | aggravated domestic battery. | 22 | | (b) Sentence. Aggravated domestic battery is a Class 2 | 23 | | felony. Any order
of probation or conditional discharge |
| | | HB3356 | - 2 - | LRB103 25582 RLC 51931 b |
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| 1 | | entered following a conviction for an
offense under this | 2 | | Section must include, in addition to any other condition of
| 3 | | probation or conditional discharge, a condition that the | 4 | | offender serve a
mandatory term of imprisonment of not less | 5 | | than 60 consecutive days. A person
convicted of a second or | 6 | | subsequent violation of this Section must be
sentenced to a | 7 | | mandatory term of imprisonment of not less than 3 years and not
| 8 | | more than 7 years or an extended term of imprisonment of not | 9 | | less than 7 years
and not more than 14 years.
| 10 | | (c) Upon conviction of aggravated domestic battery, the | 11 | | court shall advise the defendant orally or in writing, | 12 | | substantially as follows: "An individual convicted of | 13 | | aggravated domestic battery may be subject to federal criminal | 14 | | penalties for possessing, transporting, shipping, or receiving | 15 | | any firearm or ammunition in violation of the federal Gun | 16 | | Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation | 17 | | shall 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; | 19 | | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11 .)
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