HB5827 94TH GENERAL ASSEMBLY

LRB094 21361 LCT 59712 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5827

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

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-3.4 new

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.

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 12-3.4 as follows:

(720 ILCS 5/12-3.4 new)

Sec. 12-3.4. Domestic assault.

(a) A person commits domestic assault when, without lawful authority, he or she knowingly or intentionally engages in conduct that places a family or household member, as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963, in reasonable apprehension of receiving a battery. A peace officer must arrest the offender upon the establishment of probable cause.

(b) Sentence. Domestic assault is a Class A misdemeanor.