Full Text of SB2307 97th General Assembly
SB2307 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2307 Introduced 2/15/2011, by Sen. Thomas Johnson SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-30 | from Ch. 38, par. 12-30 |
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Amends the Criminal Code of 1961. Makes a technical change in the Section concerning violation of an order of protection.
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| | A BILL FOR |
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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 12-30 as follows:
| 6 | | (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
| 7 | | Sec. 12-30. Violation of an order of protection.
| 8 | | (a) A person commits violation of an an order of protection | 9 | | if:
| 10 | | (1) He or she commits an act which was prohibited by a | 11 | | court or fails
to commit
an act which was ordered by a | 12 | | 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.
| 16 | | (a-5) Failure to provide reasonable notice and opportunity | 17 | | to be heard
shall
be an affirmative defense to any charge or | 18 | | process filed seeking enforcement of
a foreign order of | 19 | | protection.
| 20 | | (b) For purposes of this Section, an "order of protection" | 21 | | may have been
issued in a criminal or civil proceeding.
| 22 | | (c) 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 | | (d) Violation of an order of protection under subsection | 26 | | (a) of this
Section is a Class A misdemeanor.
Violation of an |
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| 1 | | order of protection under subsection (a) of this Section is a
| 2 | | Class 4 felony if the defendant has any prior conviction under | 3 | | this Code for
domestic battery (Section 12-3.2)
or violation of | 4 | | an order of protection (Section
12-30). Violation of an order | 5 | | of protection is a Class 4 felony if the
defendant has any | 6 | | prior conviction under this Code for
first degree murder | 7 | | (Section 9-1), attempt to commit first degree murder
(Section | 8 | | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | 9 | | battery
(Section 12-4),
heinous battery (Section 12-4.1), | 10 | | aggravated battery with a firearm (Section
12-4.2), aggravated | 11 | | battery of a child (Section 12-4.3), aggravated battery of
an | 12 | | unborn child (Section 12-4.4), aggravated battery of a senior | 13 | | citizen
(Section 12-4.6),
stalking (Section 12-7.3), | 14 | | aggravated stalking (Section
12-7.4),
criminal sexual assault | 15 | | (Section 12-13), aggravated criminal sexual assault
(12-14), | 16 | | kidnapping (Section 10-1), aggravated kidnapping (Section | 17 | | 10-2),
predatory criminal sexual assault of a child (Section | 18 | | 12-14.1),
aggravated criminal sexual abuse (Section 12-16),
| 19 | | unlawful restraint (Section 10-3), aggravated unlawful | 20 | | restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | 21 | | or aggravated discharge of a firearm
(Section 24-1.2),
when any | 22 | | of these offenses have been committed against a family or
| 23 | | household member as defined in Section 112A-3 of the Code of | 24 | | Criminal Procedure
of 1963. The court shall impose a minimum | 25 | | penalty of 24 hours imprisonment for
defendant's second or | 26 | | subsequent violation of any order of protection; unless
the |
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| 1 | | court explicitly finds that an increased penalty or such period | 2 | | of
imprisonment would be manifestly unjust. In addition to any | 3 | | other penalties,
the court may order the defendant to pay a | 4 | | fine as authorized under Section
5-9-1 of the Unified Code of | 5 | | Corrections or to make restitution to the victim
under Section | 6 | | 5-5-6 of the Unified Code of Corrections. In addition to any
| 7 | | other penalties, including those imposed by Section 5-9-1.5 of | 8 | | the Unified Code
of Corrections, the court shall impose an | 9 | | additional fine of $20 as authorized
by Section 5-9-1.11 of the | 10 | | Unified Code of Corrections upon any person
convicted of or | 11 | | placed on supervision for a violation of this
Section. The | 12 | | additional fine shall
be imposed for each violation of this | 13 | | Section.
| 14 | | (e) The limitations placed on law enforcement liability by | 15 | | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 16 | | to actions taken under this
Section.
| 17 | | (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | 18 | | 92-827, eff.
8-22-02.)
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