HB3422 Summary

• Domestic battery is a Class A misdemeanor, or a Class 4 felony if the defendant has a prior conviction for domestic battery, violation of an order of protection, or substantially similar offense under another jurisdiction's law.

• Domestic battery becomes a Class 4 felony if the defendant has a prior conviction for serious crimes including first degree murder, aggravated domestic battery, criminal sexual assault, kidnapping, or substantially similar offenses committed against a family or household member.

• Domestic battery is a Class 3 felony if the defendant has any prior felony conviction for domestic battery, with mandatory minimum imprisonment of 72 consecutive hours that cannot be suspended or subject to probation reduction for second or subsequent convictions.

• When domestic battery is committed in the presence of a child, the defendant must serve a mandatory minimum of 10 days imprisonment or perform 300 hours of community service, and is liable for any court-ordered counseling costs for the child.

• Upon conviction, the court must advise the defendant that domestic battery may subject them to federal criminal penalties for firearm possession or transportation under the federal Gun Control Act of 1968.