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Full Text of HB4636  97th General Assembly

HB4636enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB4636 EnrolledLRB097 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

 

 

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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
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

 

 

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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
8that could be charged in this State as a domestic battery or
9violation of an order of protection. Violation of an order of
10protection is a Class 4 felony if the defendant has any prior
11conviction under this Code for first degree murder (Section
129-1), attempt to commit first degree murder (Section 8-4),
13aggravated domestic battery (Section 12-3.3), aggravated
14battery (Section 12-3.05 or 12-4), heinous battery (Section
1512-4.1), aggravated battery with a firearm (Section 12-4.2),
16aggravated battery with a machine gun or a firearm equipped
17with a silencer (Section 12-4.2-5), aggravated battery of a
18child (Section 12-4.3), aggravated battery of an unborn child
19(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
20aggravated battery of a senior citizen (Section 12-4.6),
21stalking (Section 12-7.3), aggravated stalking (Section
2212-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
23aggravated criminal sexual assault (Section 11-1.30 or 12-14),
24kidnapping (Section 10-1), aggravated kidnapping (Section
2510-2), predatory criminal sexual assault of a child (Section
2611-1.40 or 12-14.1), aggravated criminal sexual abuse (Section

 

 

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111-1.60 or 12-16), unlawful restraint (Section 10-3),
2aggravated unlawful restraint (Section 10-3.1), aggravated
3arson (Section 20-1.1), aggravated discharge of a firearm
4(Section 24-1.2), or a violation of any former law of this
5State that is substantially similar to any listed offense, or
6any prior conviction under the law of another jurisdiction for
7an offense that could be charged in this State as one of the
8offenses listed in this Section, when any of these offenses
9have been committed against a family or household member as
10defined in Section 112A-3 of the Code of Criminal Procedure of
111963. The court shall impose a minimum penalty of 24 hours
12imprisonment for defendant's second or subsequent violation of
13any order of protection; unless the court explicitly finds that
14an increased penalty or such period of imprisonment would be
15manifestly unjust. In addition to any other penalties, the
16court may order the defendant to pay a fine as authorized under
17Section 5-9-1 of the Unified Code of Corrections or to make
18restitution to the victim under Section 5-5-6 of the Unified
19Code of Corrections. In addition to any other penalties,
20including those imposed by Section 5-9-1.5 of the Unified Code
21of Corrections, the court shall impose an additional fine of
22$20 as authorized by Section 5-9-1.11 of the Unified Code of
23Corrections upon any person convicted of or placed on
24supervision for a violation of this Section. The additional
25fine shall be imposed for each violation of this Section.
26    (e) (Blank).

 

 

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1    (f) A defendant who directed the actions of a third party
2to violate this Section, under the principles of accountability
3set forth in Article 5 of this Code, is guilty of violating
4this Section as if the same had been personally done by the
5defendant, without regard to the mental state of the third
6party acting at the direction of the defendant.
7(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
896-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
997-311, eff. 8-11-11; revised 9-11-11.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.