Synopsis As Introduced Amends the Criminal Code of 1961. Creates the offense of aggravated domestic assault when a person, in committing domestic assault, knowingly or intentionally uses a deadly weapon or certain other devices against a family or household member. Requires a peace officer to arrest the offender upon the establishment of probable cause. Makes the offense a Class 4 felony.
Provides that a peace officer may arrest a person for aggravated domestic assault (rather than must arrest the offender upon the establishment of probable cause) if the officer has probable cause to believe that there is imminent danger of physical harm to the non-aggressor. Provides that the penalty for aggravated domestic assault is a Class A misdemeanor (rather than a Class 4 felony). Provides that aggravated domestic assault is a Class 4 felony if the defendant has any prior conviction for domestic assault, aggravated domestic assault, domestic damage to property, domestic battery, or aggravated domestic battery. Provides that the offense of aggravated domestic assault does not apply to a parent or guardian while exercising parental discipline over a child under his or her custody. Amends the Unified Code of Corrections. Provides that if the defendant committed aggravated domestic assault and has a prior conviction for domestic assault, aggravated domestic assault, domestic damage to property, domestic battery, or aggravated domestic battery, the prior conviction is an aggravating factor that the court may consider in sentencing.