Bill Status of HB 34   95th General Assembly

Short Description:  CRIMINAL-DOMESTIC ASSAULT

House Sponsors
Rep. Tom Cross-Patricia Reid Lindner-Ed Sullivan, Jr.-Sandra M. Pihos-Timothy L. Schmitz, Fred Crespo, Al Riley, Elga L. Jefferies, Elizabeth Hernandez, Robert F. Flider, Annazette Collins, Bill Mitchell, Robert W. Pritchard, Renée Kosel, Michael Tryon, James H. Meyer, Harry R. Ramey, Jr., Franco Coladipietro, Sidney H. Mathias and Susana A Mendoza

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/12-3.4 new

Synopsis As Introduced
Amends the Criminal Code of 1961. Creates the offense of domestic assault when a person knowingly or intentionally engages in conduct that places a family or household member in reasonable apprehension of receiving a battery. Requires a peace officer to arrest the offender upon the establishment of probable cause. Makes the offense a Class A misdemeanor.

House Amendment No. 1
Adds reference to:
730 ILCS 5/5-5-3.2from Ch. 38, par. 1005-5-3.2

Provides that a peace officer may arrest a person for 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 domestic assault is a Class B (rather than a Class A) misdemeanor. Provides that domestic assault is a Class A misdemeanor if the defendant has any prior conviction for domestic assault, aggravated domestic assault, domestic damage to property, domestic battery, or aggravated domestic battery. Amends the Unified Code of Corrections. Provides that if the defendant committed 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.

House Amendment No. 2
Provides that the offense of domestic assault does not apply to a parent or guardian while exercising parental discipline over a child under his or her custody.

Actions 
DateChamber Action
  12/5/2006HousePrefiled with Clerk by Rep. Tom Cross
  12/5/2006HouseChief Co-Sponsor Rep. Patricia Reid Lindner
  12/5/2006HouseChief Co-Sponsor Rep. Ed Sullivan, Jr.
  1/19/2007HouseFirst Reading
  1/19/2007HouseReferred to Rules Committee
  1/31/2007HouseAssigned to Judiciary II - Criminal Law Committee
  2/6/2007HouseAdded Chief Co-Sponsor Rep. Sandra M. Pihos
  2/8/2007HouseAdded Chief Co-Sponsor Rep. Timothy L. Schmitz
  2/8/2007HouseAdded Co-Sponsor Rep. Fred Crespo
  2/21/2007HouseAdded Co-Sponsor Rep. Al Riley
  2/21/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  2/23/2007HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/2/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/2/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/2/2007HouseRemains in Judiciary II - Criminal Law Committee
  3/8/2007HouseHouse Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/8/2007HouseHouse Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/8/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-000-001
  3/8/2007HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2007HouseSecond Reading - Short Debate
  3/13/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2007HouseAdded Co-Sponsor Rep. Robert F. Flider
  4/18/2007HouseAdded Co-Sponsor Rep. Annazette Collins
  4/27/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 3, 2007
  5/3/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 10, 2007
  5/10/2007HouseThird Reading/Final Action Deadline Extended-9(b) May 18, 2007
  5/15/2007HouseAdded Co-Sponsor Rep. Bill Mitchell
  5/15/2007HouseAdded Co-Sponsor Rep. Robert W. Pritchard
  5/15/2007HouseAdded Co-Sponsor Rep. Renée Kosel
  5/15/2007HouseAdded Co-Sponsor Rep. Michael Tryon
  5/15/2007HouseAdded Co-Sponsor Rep. James H. Meyer
  5/15/2007HouseAdded Co-Sponsor Rep. Harry R. Ramey, Jr.
  5/15/2007HouseAdded Co-Sponsor Rep. Franco Coladipietro
  5/15/2007HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  5/18/2007HouseFinal Action Deadline Extended-9(b) May 25, 2007
  5/23/2007HouseAdded Co-Sponsor Rep. Susana A Mendoza
  5/25/2007HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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