Bill Status of HB 35   95th General Assembly


Short Description:  CRIMINAL-AGG DOMESTIC ASSAULT

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

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/12-3.5 new

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.

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 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.

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
  2/6/2007HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  2/7/2007HouseAdded Co-Sponsor Rep. LaShawn K. Ford
  2/21/2007HouseAdded Co-Sponsor Rep. Elga L. Jefferies
  2/23/2007HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/1/2007HouseAdded Co-Sponsor Rep. Fred Crespo
  3/8/2007HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/8/2007HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/8/2007HouseDo Pass as Amended / Standard Debate Judiciary II - Criminal Law Committee; 007-003-003
  3/8/2007HousePlaced on Calendar 2nd Reading - Standard Debate
  3/13/2007HouseSecond Reading - Standard Debate
  3/13/2007HousePlaced on Calendar Order of 3rd Reading - Standard 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. James H. Meyer
  5/15/2007HouseAdded Co-Sponsor Rep. Michael Tryon
  5/15/2007HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  5/15/2007HouseAdded Co-Sponsor Rep. Harry R. Ramey, Jr.
  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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