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.)