CHICAGO (CBS) — A legislator who allegedly threw a punch at another legislator this week could wind up facing criminal charges.

Illinois Secretary of State police spokesman Henry Haupt said the Sangamon County State’s Attorney’s office is going to get a chance to determine whether State Sen. Mike Jacobs should be charged for allegedly punching Sen. Kyle McCarter Tuesday night.

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It happened when the Senate was discussing whether to give ComEd a rate increase.

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McCarter claims Jacobs punched him after McCarter mentioned in debate that Jacobs’ father is a ComEd lobbyist and that Sen. Jacobs is a sponsor of the ComEd legislation.

Jacobs denies he punched McCarter. He insists McCarter came at him.

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Haupts says a Capitol Police investigator hopes to be able to turn over his report to prosecutors sometime between tomorrow and Monday.