State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB1759enr

 
HB1759 Enrolled                                LRB9105511RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 12-3.2 and 12-30.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Sections 12-3.2 and 12-30 as follows:

 7        (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
 8        Sec. 12-3.2.  Domestic Battery.
 9        (a)  A   person   commits   domestic   battery   if    he
10    intentionally or knowingly without legal justification by any
11    means:
12             (1)  Causes  bodily  harm to any family or household
13        member as defined in subsection (3) of Section 112A-3  of
14        the Code of Criminal Procedure of 1963, as amended;
15             (2)  Makes  physical  contact  of  an  insulting  or
16        provoking  nature  with any family or household member as
17        defined in subsection (3) of Section 112A-3 of  the  Code
18        of Criminal Procedure of 1963, as amended.
19        (b)  Sentence.    Domestic   battery   is   a   Class   A
20    Misdemeanor.  Domestic  battery  is  a  Class 4 felony if the
21    defendant has  any  prior  conviction  under  this  Code  for
22    domestic battery (Section 12-3.2) or violation of an order of
23    protection  (Section  12-30).  Domestic  battery is a Class 4
24    felony if the defendant has any prior conviction  under  this
25    Code for aggravated battery (Section 12-4), stalking (Section
26    12-7.3),   aggravated  stalking  (Section  12-7.4),  unlawful
27    restraint (Section 10-3), or  aggravated  unlawful  restraint
28    (Section  10-3.1),  when  any  of  these  offenses  have been
29    committed against a family or household member as defined  in
30    Section  112A-3 of the Code of Criminal Procedure of 1963. In
31    addition to any other sentencing alternatives, for any second
 
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 1    conviction of violating this Section  within  5  years  of  a
 2    previous  conviction for violating this Section, the offender
 3    shall be mandatorily sentenced to a minimum of 48 consecutive
 4    hours of imprisonment.  The imprisonment shall not be subject
 5    to suspension, nor shall the person be eligible for probation
 6    in order to reduce the sentence.
 7    (Source: P.A. 90-734, eff. 1-1-99.)

 8        (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
 9        Sec. 12-30.  Violation of an order of protection.
10        (a)  A person commits violation of an order of protection
11    if:
12             (1)  He or she commits an act which  was  prohibited
13        by a court or fails to commit an act which was ordered by
14        a court in violation of:
15                  (i)  a  remedy  in  a valid order of protection
16             authorized under paragraphs (1), (2), (3), (14),  or
17             (14.5)  of  subsection  (b)  of  Section  214 of the
18             Illinois Domestic Violence Act of 1986,
19                  (ii)  a remedy, which is substantially  similar
20             to  the  remedies  authorized  under paragraphs (1),
21             (2), (3),  (14)  or  (14.5)  of  subsection  (b)  of
22             Section 214 of the Illinois Domestic Violence Act of
23             1986,  in  a  valid  order  of  protection, which is
24             authorized under the laws of another state, tribe or
25             United States territory,
26                  (iii)  any   other   remedy   when   the    act
27             constitutes a crime against the protected parties as
28             the  term  protected  parties  is defined in Section
29             112A-4 of the Code of Criminal  Procedure  of  1963;
30             and
31             (2)  Such  violation  occurs  after the offender has
32        been served notice of the contents of the order, pursuant
33        to the Illinois Domestic Violence  Act  of  1986  or  any
 
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 1        substantially  similar statute of another state, tribe or
 2        United States territory, or otherwise has acquired actual
 3        knowledge of the contents of the order.
 4        An order of protection  issued  by  a  state,  tribal  or
 5    territorial  court  related  to  domestic  or family violence
 6    shall be deemed valid if the issuing court  had  jurisdiction
 7    over the parties and matter under the law of the state, tribe
 8    or territory.  There shall be a presumption of validity where
 9    an order is certified and appears authentic on its face.
10        (a-5)  Failure   to   provide   reasonable   notice   and
11    opportunity  to  be  heard shall be an affirmative defense to
12    any charge or process filed seeking enforcement of a  foreign
13    order of protection.
14        (b)  For   purposes   of   this  Section,  an  "order  of
15    protection" may have been  issued  in  a  criminal  or  civil
16    proceeding.
17        (c)  Nothing  in  this  Section  shall  be  construed  to
18    diminish  the  inherent  authority  of  the courts to enforce
19    their  lawful  orders  through  civil  or  criminal  contempt
20    proceedings.
21        (d)  Violation of an order of protection under subsection
22    (a) of this Section is a Class A misdemeanor. Violation of an
23    order of protection under subsection (a) of this Section is a
24    Class 4 felony if the  defendant  has  any  prior  conviction
25    under  this  Code  for  domestic  battery (Section 12-3.2) or
26    violation  of  an  order  of  protection   (Section   12-30).
27    Violation  of  an  order of protection is a Class 4 felony if
28    the defendant has any prior conviction under  this  Code  for
29    aggravated battery (Section 12-4), stalking (Section 12-7.3),
30    aggravated  stalking  (Section  12-7.4),  unlawful  restraint
31    (Section  10-3),  or  aggravated  unlawful restraint (Section
32    10-3.1), when any  of  these  offenses  have  been  committed
33    against  a  family  or household member as defined in Section
34    112A-3 of the Code of Criminal Procedure of 1963.  The  court
 
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 1    shall  impose  a minimum penalty of 24 hours imprisonment for
 2    defendant's second or subsequent violation of  any  order  of
 3    protection;   unless  the  court  explicitly  finds  that  an
 4    increased penalty or such period  of  imprisonment  would  be
 5    manifestly  unjust.  In  addition to any other penalties, the
 6    court may order the defendant to pay  a  fine  as  authorized
 7    under  Section 5-9-1 of the Unified Code of Corrections or to
 8    make restitution to the victim under  Section  5-5-6  of  the
 9    Unified  Code  of  Corrections.  In  addition  to  any  other
10    penalties,  including those imposed by Section 5-9-1.5 of the
11    Unified Code  of  Corrections,  the  court  shall  impose  an
12    additional  fine  of $20 as authorized by Section 5-9-1.11 of
13    the Unified Code of Corrections upon any person convicted  of
14    or  placed  on  supervision  for a violation of this Section.
15    The additional fine shall be imposed for  each  violation  of
16    this Section.
17        (e)  The  limitations placed on law enforcement liability
18    by Section 305 of the Illinois Domestic Violence Act of  1986
19    apply to actions taken under this Section.
20    (Source:  P.A.  90-241,  eff.  1-1-98;  90-732, eff. 8-11-98;
21    90-734, eff. 1-1-99; revised 9-21-98.)

22        Section  99.  Effective  date.   This  Act  takes  effect
23    October 1, 1999.

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