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Public Act 91-0112
HB1759 Enrolled LRB9105511RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 12-3.2 and 12-30.
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 Sections 12-3.2 and 12-30 as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he
intentionally or knowingly without legal justification by any
means:
(1) Causes bodily harm to any family or household
member as defined in subsection (3) of Section 112A-3 of
the Code of Criminal Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or
provoking nature with any family or household member as
defined in subsection (3) of Section 112A-3 of the Code
of Criminal Procedure of 1963, as amended.
(b) Sentence. Domestic battery is a Class A
Misdemeanor. Domestic battery 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 12-30). Domestic battery is a Class 4
felony if the defendant has any prior conviction under this
Code for aggravated battery (Section 12-4), stalking (Section
12-7.3), aggravated stalking (Section 12-7.4), unlawful
restraint (Section 10-3), or aggravated unlawful restraint
(Section 10-3.1), 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. In
addition to any other sentencing alternatives, for any second
conviction of violating this Section within 5 years of a
previous conviction for violating this Section, the offender
shall be mandatorily sentenced to a minimum of 48 consecutive
hours of imprisonment. The imprisonment shall not be subject
to suspension, nor shall the person be eligible for probation
in order to reduce the sentence.
(Source: P.A. 90-734, eff. 1-1-99.)
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she 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.
(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) For purposes of this Section, an "order of
protection" may have been issued in a criminal or civil
proceeding.
(c) 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.
(d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section 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 12-30).
Violation of an order of protection is a Class 4 felony if
the defendant has any prior conviction under this Code for
aggravated battery (Section 12-4), stalking (Section 12-7.3),
aggravated stalking (Section 12-7.4), unlawful restraint
(Section 10-3), or aggravated unlawful restraint (Section
10-3.1), 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) 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.
(Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
90-734, eff. 1-1-99; revised 9-21-98.)
Section 99. Effective date. This Act takes effect
October 1, 1999.
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