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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB0071 Introduced 1/9/2025, 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. |
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| | A BILL FOR |
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| | HB0071 | | LRB104 03321 RLC 13343 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 12-3.3 as follows:
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| 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 | | (b) Sentence. A violation of subsection (a) Aggravated |
| 19 | | domestic battery is a Class 2 felony. A violation of |
| 20 | | subsection (a-5) is a Class X felony for which the person shall |
| 21 | | be sentenced to a mandatory term of imprisonment of not less |
| 22 | | than 6 years and not more than 30 years. Any order of probation |
| 23 | | or conditional discharge entered following a conviction for an |
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| | HB0071 | - 2 - | LRB104 03321 RLC 13343 b |
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| 1 | | offense under this Section must include, in addition to any |
| 2 | | other condition of probation or conditional discharge, a |
| 3 | | condition that the offender serve a mandatory term of |
| 4 | | imprisonment of not less than 60 consecutive days. A person |
| 5 | | convicted of a second or subsequent violation of this Section |
| 6 | | must be sentenced to a mandatory term of imprisonment of not |
| 7 | | less than 3 years and not more than 7 years or an extended term |
| 8 | | of imprisonment of not less than 7 years and not more than 14 |
| 9 | | 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.) |
