Full Text of HB4636 97th General Assembly
HB4636eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 12-3.4 as follows:
| 6 | | (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
| 7 | | Sec. 12-3.4. Violation of an order of protection.
| 8 | | (a) A person commits violation of an order of protection | 9 | | if:
| 10 | | (1) He or she knowingly commits an act which was | 11 | | prohibited by a court or fails
to commit
an act which was | 12 | | ordered by a court in violation of:
| 13 | | (i) a remedy in a valid
order of protection | 14 | | authorized under paragraphs (1), (2), (3), (14),
or
| 15 | | (14.5) of
subsection (b) of Section 214 of the Illinois | 16 | | Domestic Violence Act of 1986,
| 17 | | (ii) a remedy, which is substantially similar to | 18 | | the remedies
authorized
under paragraphs (1), (2), | 19 | | (3), (14) or (14.5) of subsection (b) of Section 214
of | 20 | | the Illinois Domestic Violence Act of 1986, in a valid | 21 | | order of protection,
which is authorized under the laws | 22 | | of another state, tribe or United States
territory,
| 23 | | (iii) any other remedy when the act constitutes a |
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| 1 | | crime against the
protected parties
as the term | 2 | | protected parties is defined in Section 112A-4 of the | 3 | | Code of
Criminal Procedure of 1963; and
| 4 | | (2) Such violation occurs after the offender has been | 5 | | served notice of
the contents of the order, pursuant to the | 6 | | Illinois Domestic Violence
Act of 1986 or any substantially | 7 | | similar statute of another state, tribe or
United
States | 8 | | territory, or otherwise has acquired actual knowledge of | 9 | | the contents
of the
order.
| 10 | | An order of protection issued by a state, tribal or | 11 | | territorial
court
related to domestic or family violence shall | 12 | | be deemed valid if the issuing
court had jurisdiction over the | 13 | | parties and matter under the law of the state,
tribe or | 14 | | territory. There shall be a presumption of validity where an | 15 | | order is
certified and appears authentic on its face. For | 16 | | purposes of this Section, an "order of protection" may have | 17 | | been
issued in a criminal or civil proceeding.
| 18 | | (a-5) Failure to provide reasonable notice and opportunity | 19 | | to be heard
shall
be an affirmative defense to any charge or | 20 | | process filed seeking enforcement of
a foreign order of | 21 | | protection.
| 22 | | (b) Nothing in this Section shall be construed to diminish | 23 | | the inherent
authority of the courts to enforce their lawful | 24 | | orders through civil or
criminal contempt proceedings.
| 25 | | (c) The limitations placed on law enforcement liability by | 26 | | Section 305 of
the Illinois Domestic Violence Act of 1986 apply |
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| 1 | | to actions taken under this
Section.
| 2 | | (d) Violation of an order of protection is a Class A | 3 | | misdemeanor.
Violation of an order of protection is a
Class 4 | 4 | | felony if the defendant has any prior conviction under this | 5 | | Code for
domestic battery (Section 12-3.2)
or violation of an | 6 | | order of protection (Section 12-3.4 or
12-30) , or any prior | 7 | | conviction under the law of another jurisdiction for an offense | 8 | | which is substantially similar . Violation of an order of | 9 | | protection is a Class 4 felony if the
defendant has any prior | 10 | | conviction under this Code for
first degree murder (Section | 11 | | 9-1), attempt to commit first degree murder
(Section 8-4), | 12 | | aggravated domestic battery (Section 12-3.3),
aggravated | 13 | | battery
(Section 12-3.05 or 12-4),
heinous battery (Section | 14 | | 12-4.1), aggravated battery with a firearm (Section
12-4.2), | 15 | | aggravated battery with a machine gun or a firearm equipped | 16 | | with a silencer (Section 12-4.2-5) , aggravated battery of a | 17 | | child (Section 12-4.3), aggravated battery of
an unborn child | 18 | | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), | 19 | | aggravated battery of a senior citizen
(Section 12-4.6),
| 20 | | stalking (Section 12-7.3), aggravated stalking (Section
| 21 | | 12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), | 22 | | aggravated criminal sexual assault
(Section 11-1.30 or 12-14), | 23 | | kidnapping (Section 10-1), aggravated kidnapping (Section | 24 | | 10-2),
predatory criminal sexual assault of a child (Section | 25 | | 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section | 26 | | 11-1.60 or 12-16),
unlawful restraint (Section 10-3), |
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| 1 | | aggravated unlawful restraint
(Section
10-3.1),
aggravated | 2 | | arson (Section 20-1.1), aggravated discharge of a firearm
| 3 | | (Section 24-1.2), or a violation of any former law of this | 4 | | State that is substantially similar to any listed offense , or | 5 | | any prior conviction under the law of another jurisdiction for | 6 | | an offense which is substantially similar to the offenses | 7 | | listed in this Section ,
when any of these offenses have been | 8 | | committed against a family or
household member as defined in | 9 | | Section 112A-3 of the Code of Criminal Procedure
of 1963. The | 10 | | court shall impose a minimum penalty of 24 hours imprisonment | 11 | | for
defendant's second or subsequent violation of any order of | 12 | | protection; unless
the court explicitly finds that an increased | 13 | | penalty or such period of
imprisonment would be manifestly | 14 | | unjust. In addition to any other penalties,
the court may order | 15 | | the defendant to pay a fine as authorized under Section
5-9-1 | 16 | | of the Unified Code of Corrections or to make restitution to | 17 | | the victim
under Section 5-5-6 of the Unified Code of | 18 | | Corrections. In addition to any
other penalties, including | 19 | | those imposed by Section 5-9-1.5 of the Unified Code
of | 20 | | Corrections, the court shall impose an additional fine of $20 | 21 | | as authorized
by Section 5-9-1.11 of the Unified Code of | 22 | | Corrections upon any person
convicted of or placed on | 23 | | supervision for a violation of this
Section. The additional | 24 | | fine shall
be imposed for each violation of this Section.
| 25 | | (e) (Blank).
| 26 | | (f) A defendant who directed the actions of a third party |
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| 1 | | to violate this Section, under the principles of accountability | 2 | | set forth in Article 5 of this Code, is guilty of violating | 3 | | this Section as if the same had been personally done by the | 4 | | defendant, without regard to the mental state of the third | 5 | | party acting at the direction of the defendant. | 6 | | (Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; | 7 | | 96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates | 8 | | 97-311, eff. 8-11-11; revised 9-11-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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