HB5826 94TH GENERAL ASSEMBLY

LRB094 21362 LCT 59713 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5826

Introduced 08/25/06, by Rep. Tom Cross - Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-3.5 new

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 12-3.5 as follows:

(720 ILCS 5/12-3.5 new)

Sec. 12-3.5. Aggravated domestic assault.

(a) A person commits aggravated domestic assault when, in committing domestic assault, he or she knowingly or intentionally uses a deadly weapon or any other device or object that could cause substantial injury, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, against a family or household member, as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963. A peace officer must arrest the offender upon the establishment of probable cause.

(b) Sentence. Aggravated domestic assault is a Class 4 felony.