HB4636 EngrossedLRB097 16551 RLC 61723 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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
9if:
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

 

 

HB4636 Engrossed- 2 -LRB097 16551 RLC 61723 b

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
11territorial court related to domestic or family violence shall
12be deemed valid if the issuing court had jurisdiction over the
13parties and matter under the law of the state, tribe or
14territory. There shall be a presumption of validity where an
15order is certified and appears authentic on its face. For
16purposes of this Section, an "order of protection" may have
17been issued in a criminal or civil proceeding.
18    (a-5) Failure to provide reasonable notice and opportunity
19to be heard shall be an affirmative defense to any charge or
20process filed seeking enforcement of a foreign order of
21protection.
22    (b) Nothing in this Section shall be construed to diminish
23the inherent authority of the courts to enforce their lawful
24orders through civil or criminal contempt proceedings.
25    (c) The limitations placed on law enforcement liability by
26Section 305 of the Illinois Domestic Violence Act of 1986 apply

 

 

HB4636 Engrossed- 3 -LRB097 16551 RLC 61723 b

1to actions taken under this Section.
2    (d) Violation of an order of protection is a Class A
3misdemeanor. Violation of an order of protection is a Class 4
4felony if the defendant has any prior conviction under this
5Code for domestic battery (Section 12-3.2) or violation of an
6order of protection (Section 12-3.4 or 12-30), or any prior
7conviction under the law of another jurisdiction for an offense
8which is substantially similar. Violation of an order of
9protection is a Class 4 felony if the defendant has any prior
10conviction under this Code for first degree murder (Section
119-1), attempt to commit first degree murder (Section 8-4),
12aggravated domestic battery (Section 12-3.3), aggravated
13battery (Section 12-3.05 or 12-4), heinous battery (Section
1412-4.1), aggravated battery with a firearm (Section 12-4.2),
15aggravated battery with a machine gun or a firearm equipped
16with a silencer (Section 12-4.2-5), aggravated battery of a
17child (Section 12-4.3), aggravated battery of an unborn child
18(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
19aggravated battery of a senior citizen (Section 12-4.6),
20stalking (Section 12-7.3), aggravated stalking (Section
2112-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
22aggravated criminal sexual assault (Section 11-1.30 or 12-14),
23kidnapping (Section 10-1), aggravated kidnapping (Section
2410-2), predatory criminal sexual assault of a child (Section
2511-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
2611-1.60 or 12-16), unlawful restraint (Section 10-3),

 

 

HB4636 Engrossed- 4 -LRB097 16551 RLC 61723 b

1aggravated unlawful restraint (Section 10-3.1), aggravated
2arson (Section 20-1.1), aggravated discharge of a firearm
3(Section 24-1.2), or a violation of any former law of this
4State that is substantially similar to any listed offense, or
5any prior conviction under the law of another jurisdiction for
6an offense which is substantially similar to the offenses
7listed in this Section, when any of these offenses have been
8committed against a family or household member as defined in
9Section 112A-3 of the Code of Criminal Procedure of 1963. The
10court shall impose a minimum penalty of 24 hours imprisonment
11for defendant's second or subsequent violation of any order of
12protection; unless the court explicitly finds that an increased
13penalty or such period of imprisonment would be manifestly
14unjust. In addition to any other penalties, the court may order
15the defendant to pay a fine as authorized under Section 5-9-1
16of the Unified Code of Corrections or to make restitution to
17the victim under Section 5-5-6 of the Unified Code of
18Corrections. In addition to any other penalties, including
19those imposed by Section 5-9-1.5 of the Unified Code of
20Corrections, the court shall impose an additional fine of $20
21as authorized by Section 5-9-1.11 of the Unified Code of
22Corrections upon any person convicted of or placed on
23supervision for a violation of this Section. The additional
24fine shall be imposed for each violation of this Section.
25    (e) (Blank).
26    (f) A defendant who directed the actions of a third party

 

 

HB4636 Engrossed- 5 -LRB097 16551 RLC 61723 b

1to violate this Section, under the principles of accountability
2set forth in Article 5 of this Code, is guilty of violating
3this Section as if the same had been personally done by the
4defendant, without regard to the mental state of the third
5party acting at the direction of the defendant.
6(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
796-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
897-311, eff. 8-11-11; revised 9-11-11.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.