103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1976

 

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

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.1-5 new

    Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".


LRB103 26132 RLC 52489 b

 

 

A BILL FOR

 

SB1976LRB103 26132 RLC 52489 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 adding
5Section 12-3.1-5 as follows:
 
6    (720 ILCS 5/12-3.1-5 new)
7    Sec. 12-3.1-5. Domestic assault.
8    (a) In this Section, "family or household member" has the
9meaning ascribed to it in Section 112A-3 of the Code of
10Criminal Procedure of 1963.
11    (b) A person commits a domestic assault when, without
12lawful authority, he or she knowingly engages in conduct that
13places any family or household member in reasonable
14apprehension of great bodily harm, or permanent disability or
15disfigurement.
16    (c) If the defendant is arrested for domestic assault,
17upon release of the defendant from custody pending trial, the
18court, at the preliminary examination held under Section 109-1
19of the Code of Criminal Procedure of 1963, shall order that the
20defendant refrain from contact or communication with the
21victim of the domestic assault and refrain from entering or
22remaining at the victim's residence for a minimum of 72
23consecutive hours.

 

 

SB1976- 2 -LRB103 26132 RLC 52489 b

1    (d) Sentence. Domestic assault is a Class A misdemeanor.