103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1974

 

Introduced 2/9/2023, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.3

    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.


LRB103 25578 RLC 51927 b

 

 

A BILL FOR

 

SB1974LRB103 25578 RLC 51927 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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,
9knowingly causes great bodily harm, or permanent disability or
10disfigurement commits aggravated domestic battery.
11    (a-5) A person who, in committing a domestic battery,
12strangles another individual commits aggravated domestic
13battery. For the purposes of this subsection (a-5), "strangle"
14means intentionally impeding the normal breathing or
15circulation of the blood of an individual by applying pressure
16on the throat or neck of that individual or by blocking the
17nose or mouth of that individual.
18    (a-10) A person who, in committing a domestic battery,
19other than by discharge of a firearm, knows the individual
20battered to be a person 60 years of age or older commits
21aggravated domestic battery.
22    (b) Sentence. Aggravated domestic battery is a Class 2
23felony. Any order of probation or conditional discharge

 

 

SB1974- 2 -LRB103 25578 RLC 51927 b

1entered following a conviction for an offense under this
2Section must include, in addition to any other condition of
3probation or conditional discharge, a condition that the
4offender serve a mandatory term of imprisonment of not less
5than 60 consecutive days. A person convicted of a second or
6subsequent violation of this Section must be sentenced to a
7mandatory term of imprisonment of not less than 3 years and not
8more than 7 years or an extended term of imprisonment of not
9less than 7 years and not more than 14 years.
10    (c) Upon conviction of aggravated domestic battery, the
11court shall advise the defendant orally or in writing,
12substantially as follows: "An individual convicted of
13aggravated domestic battery may be subject to federal criminal
14penalties for possessing, transporting, shipping, or receiving
15any firearm or ammunition in violation of the federal Gun
16Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
17shall 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;
1996-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)