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Public Act 097-0919
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| HB4636 Enrolled | LRB097 16551 RLC 61723 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 12-3.4 as follows:
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(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
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Sec. 12-3.4. Violation of an order of protection.
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(a) A person commits violation of an order of protection |
if:
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(1) He or she knowingly commits an act which was |
prohibited by a court or fails
to commit
an act which was |
ordered by a court in violation of:
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(i) a remedy in a valid
order of protection |
authorized under paragraphs (1), (2), (3), (14),
or
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(14.5) of
subsection (b) of Section 214 of the Illinois |
Domestic Violence Act of 1986,
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(ii) a remedy, which is substantially similar to |
the remedies
authorized
under paragraphs (1), (2), |
(3), (14) or (14.5) of subsection (b) of Section 214
of |
the Illinois Domestic Violence Act of 1986, in a valid |
order of protection,
which is authorized under the laws |
of another state, tribe or United States
territory,
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(iii) any other remedy when the act constitutes a |
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crime against the
protected parties
as the term |
protected parties is defined in Section 112A-4 of the |
Code of
Criminal Procedure of 1963; and
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(2) Such violation occurs after the offender has been |
served notice of
the contents of the order, pursuant to the |
Illinois Domestic Violence
Act of 1986 or any substantially |
similar statute of another state, tribe or
United
States |
territory, or otherwise has acquired actual knowledge of |
the contents
of the
order.
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An order of protection issued by a state, tribal or |
territorial
court
related to domestic or family violence shall |
be deemed valid if the issuing
court had jurisdiction over the |
parties and matter under the law of the state,
tribe or |
territory. There shall be a presumption of validity where an |
order is
certified and appears authentic on its face. For |
purposes of this Section, an "order of protection" may have |
been
issued in a criminal or civil proceeding.
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(a-5) Failure to provide reasonable notice and opportunity |
to be heard
shall
be an affirmative defense to any charge or |
process filed seeking enforcement of
a foreign order of |
protection.
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(b) Nothing in this Section shall be construed to diminish |
the inherent
authority of the courts to enforce their lawful |
orders through civil or
criminal contempt proceedings.
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(c) The limitations placed on law enforcement liability by |
Section 305 of
the Illinois Domestic Violence Act of 1986 apply |
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to actions taken under this
Section.
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(d) Violation of an order of protection is a Class A |
misdemeanor.
Violation of an order of protection is a
Class 4 |
felony if the defendant has any prior conviction under this |
Code for
domestic battery (Section 12-3.2)
or violation of an |
order of protection (Section 12-3.4 or
12-30) or any prior |
conviction under the law of another jurisdiction for an offense |
that could be charged in this State as a domestic battery or |
violation of an order of protection. Violation of an order of |
protection is a Class 4 felony if the
defendant has any prior |
conviction under this Code for
first degree murder (Section |
9-1), attempt to commit first degree murder
(Section 8-4), |
aggravated domestic battery (Section 12-3.3),
aggravated |
battery
(Section 12-3.05 or 12-4),
heinous battery (Section |
12-4.1), aggravated battery with a firearm (Section
12-4.2), |
aggravated battery with a machine gun or a firearm equipped |
with a silencer (Section 12-4.2-5), aggravated battery of a |
child (Section 12-4.3), aggravated battery of
an unborn child |
(subsection (a-5) of Section 12-3.1, or Section 12-4.4), |
aggravated battery of a senior citizen
(Section 12-4.6),
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stalking (Section 12-7.3), aggravated stalking (Section
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12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), |
aggravated criminal sexual assault
(Section 11-1.30 or 12-14), |
kidnapping (Section 10-1), aggravated kidnapping (Section |
10-2),
predatory criminal sexual assault of a child (Section |
11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section |
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11-1.60 or 12-16),
unlawful restraint (Section 10-3), |
aggravated unlawful restraint
(Section
10-3.1),
aggravated |
arson (Section 20-1.1), aggravated discharge of a firearm
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(Section 24-1.2), or a violation of any former law of this |
State that is substantially similar to any listed offense,
or |
any prior conviction under the law of another jurisdiction for |
an offense that could be charged in this State as one of the |
offenses listed in this Section, when any of these offenses |
have been committed against a family or
household member as |
defined in Section 112A-3 of the Code of Criminal Procedure
of |
1963. The court shall impose a minimum penalty of 24 hours |
imprisonment for
defendant's second or subsequent violation of |
any order of protection; unless
the court explicitly finds that |
an increased penalty or such period of
imprisonment would be |
manifestly unjust. In addition to any other penalties,
the |
court may order the defendant to pay a fine as authorized under |
Section
5-9-1 of the Unified Code of Corrections or to make |
restitution to the victim
under Section 5-5-6 of the Unified |
Code of Corrections. In addition to any
other penalties, |
including those imposed by Section 5-9-1.5 of the Unified Code
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of Corrections, the court shall impose an additional fine of |
$20 as authorized
by Section 5-9-1.11 of the Unified Code of |
Corrections upon any person
convicted of or placed on |
supervision for a violation of this
Section. The additional |
fine shall
be imposed for each violation of this Section.
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(e) (Blank).
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(f) A defendant who directed the actions of a third party |
to violate this Section, under the principles of accountability |
set forth in Article 5 of this Code, is guilty of violating |
this Section as if the same had been personally done by the |
defendant, without regard to the mental state of the third |
party acting at the direction of the defendant. |
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; |
96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates |
97-311, eff. 8-11-11; revised 9-11-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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