Illinois General Assembly - Full Text of Public Act 097-0919
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Public Act 097-0919


 

Public Act 0919 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0919
 
HB4636 EnrolledLRB097 16551 RLC 61723 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 12-3.4 as follows:
 
    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
    Sec. 12-3.4. Violation of an order of protection.
    (a) A person commits violation of an order of protection
if:
        (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:
            (i) a remedy in a valid order of protection
        authorized under paragraphs (1), (2), (3), (14), or
        (14.5) of subsection (b) of Section 214 of the Illinois
        Domestic Violence Act of 1986,
            (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,
            (iii) any other remedy when the act constitutes a
        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
        (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.
    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.
    (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.
    (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.
    (c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
    (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),
stalking (Section 12-7.3), aggravated stalking (Section
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
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
(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
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.
    (e) (Blank).
    (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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2012