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SB 1205

CRIM CD-DOMESTIC ASSAULT

104th Regular Session Introduced by Terri Bryant

Creates a new domestic assault offense for threatening conduct toward family/household members and imposes a 72-hour no-contact/exclusion order pending trial.

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Bill Summary · SB 1205

Summary — SB 1205 (CRIM CD — Domestic Assault)

Bill number: SB 1205
Primary sponsor: Sen. Terri Bryant
Jurisdiction: Illinois (amends Criminal Code of 2012)
Introduced: January 24, 2025
Current status (from supplied info): Referred to Assignments

Purpose

SB 1205 creates a new criminal offense, titled “domestic assault,” to address threatening or intimidating conduct directed at family or household members that places them in reasonable apprehension of serious physical injury, permanent disability, or disfigurement. The bill also requires immediate post‑arrest protective measures (a short-term no‑contact / residence exclusion) pending trial.

Key provisions

  • Adds a new Section 12-3.1-5 to the Criminal Code (720 ILCS 5/12-3.1-5).
  • Definition: “Family or household member” is defined by reference to Section 112A‑3 of the Code of Criminal Procedure of 1963.
  • Offense: A person commits domestic assault when, without lawful authority, they knowingly engage in conduct that places any family or household member in reasonable apprehension of:
    • great bodily harm, or
    • permanent disability, or
    • permanent disfigurement.
  • Post‑arrest protective order at preliminary examination: If arrested for domestic assault and released from custody pending trial, the court at the preliminary examination (under Section 109‑1 of the Code of Criminal Procedure of 1963) shall order that the defendant:
    • refrain from contact or communication with the victim, and
    • refrain from entering or remaining at the victim’s residence for a minimum of 72 consecutive hours.
  • Penalty: Domestic assault is classified as a Class A misdemeanor.

Who is affected

  • Alleged offenders (subject to arrest, criminal charge, and Class A misdemeanor penalties).
  • Victims who are family or household members (receive statutory protection via mandatory short‑term no‑contact/exclusion orders).
  • Law enforcement (new charge to investigate and file).
  • Courts and prosecutors (new statutory offense, mandated procedures at preliminary examination).
  • Defense counsel and criminal justice system actors (impacts conditions of release and pretrial procedures).

Procedural / timeline notes

  • Introduced Jan 24, 2025 by Sen. Terri Bryant and filed with the Secretary of the Senate the same day.
  • First reading occurred Jan 24, 2025; bill listed as referred to Assignments.
  • (The supplied document contains multiple versions/annotations from different jurisdictions; the summary above reflects the Illinois Criminal Code text included in the packet — 720 ILCS 5/12-3.1-5.)

Potential impacts and considerations

  • Establishes a distinct offense targeting threatening conduct within domestic contexts that may not involve physical contact but causes reasonable fear of severe injury.
  • The mandatory 72‑hour exclusion/no‑contact order is designed to provide immediate, short‑term protection for victims upon a defendant’s release; implementation will require coordination among law enforcement, prosecutors, and courts.
  • As a Class A misdemeanor, convictions could carry jail time and fines under Illinois law; the provision may increase misdemeanor caseloads and pretrial orders.
  • Practical issues: defining “reasonable apprehension” in practice, enforcement of 72‑hour exclusions, interaction with existing domestic violence statutes, and whether prosecutors will prefer this charge versus other assault or domestic violence offenses.

Compiled from official sources — confirm details with the bill’s official record.

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