Illinois 2023-2024 Regular Session

Illinois House Bill HB1387 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1387 Introduced , 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1387 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.3 720 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 LRB103 05216 RJT 50232 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1387 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/12-3.3 720 ILCS 5/12-3.3
4	4	720 ILCS 5/12-3.3
5	5	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.
6	6	LRB103 05216 RJT 50232 b LRB103 05216 RJT 50232 b
7	7	LRB103 05216 RJT 50232 b
8	8	A BILL FOR
9	9	HB1387LRB103 05216 RJT 50232 b HB1387 LRB103 05216 RJT 50232 b
10	10	HB1387 LRB103 05216 RJT 50232 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 12-3.3 as follows:
16	16	6 (720 ILCS 5/12-3.3)
17	17	7 Sec. 12-3.3. Aggravated domestic battery.
18	18	8 (a) A person who, in committing a domestic battery,
19	19	9 knowingly causes great bodily harm, or permanent disability or
20	20	10 disfigurement commits aggravated domestic battery.
21	21	11 (a-5) A person who, in committing a domestic battery,
22	22	12 strangles another individual commits aggravated domestic
23	23	13 battery. For the purposes of this subsection (a-5), "strangle"
24	24	14 means intentionally impeding the normal breathing or
25	25	15 circulation of the blood of an individual by applying pressure
26	26	16 on the throat or neck of that individual or by blocking the
27	27	17 nose or mouth of that individual.
28	28	18 (b) Sentence. A violation of subsection (a) Aggravated
29	29	19 domestic battery is a Class 2 felony. A violation of
30	30	20 subsection (a-5) is a Class X felony for which the person shall
31	31	21 be sentenced to a mandatory term of imprisonment of not less
32	32	22 than 6 years and not more than 30 years. Any order of probation
33	33	23 or conditional discharge entered following a conviction for an
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1387 Introduced , by Rep. Jackie Haas SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/12-3.3 720 ILCS 5/12-3.3
39	39	720 ILCS 5/12-3.3
40	40	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.
41	41	LRB103 05216 RJT 50232 b LRB103 05216 RJT 50232 b
42	42	LRB103 05216 RJT 50232 b
43	43	A BILL FOR
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49	49	720 ILCS 5/12-3.3
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66	66	HB1387- 2 -LRB103 05216 RJT 50232 b HB1387 - 2 - LRB103 05216 RJT 50232 b
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68	68	1 offense under this Section must include, in addition to any
69	69	2 other condition of probation or conditional discharge, a
70	70	3 condition that the offender serve a mandatory term of
71	71	4 imprisonment of not less than 60 consecutive days. A person
72	72	5 convicted of a second or subsequent violation of this Section
73	73	6 must be sentenced to a mandatory term of imprisonment of not
74	74	7 less than 3 years and not more than 7 years or an extended term
75	75	8 of imprisonment of not less than 7 years and not more than 14
76	76	9 years.
77	77	10 (c) Upon conviction of aggravated domestic battery, the
78	78	11 court shall advise the defendant orally or in writing,
79	79	12 substantially as follows: "An individual convicted of
80	80	13 aggravated domestic battery may be subject to federal criminal
81	81	14 penalties for possessing, transporting, shipping, or receiving
82	82	15 any firearm or ammunition in violation of the federal Gun
83	83	16 Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
84	84	17 shall be made in the court file that the admonition was given.
85	85	18 (Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
86	86	19 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)
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92	92	HB1387 - 2 - LRB103 05216 RJT 50232 b