97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3408

 

Introduced 2/24/2011, by Rep. Marlow H. Colvin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/32-15 new

    Amends the Criminal Code of 1961. Creates the offense of providing false information to a law enforcement officer attempting to serve a protective order. Provides that a person commits the offense when he or she makes a false or misleading statement to a law enforcement officer attempting to serve a protective order and the person: (1) knows that the statement is false or misleading and (2) has the intent to mislead the officer as to the identity of the person, the whereabouts of the person, or the residence of the person the officer is attempting to serve, or to otherwise thwart the service of a protective order. Provides that a violation is a Class B misdemeanor for which the court, in addition to any other penalty, may impose a fine not to exceed $500. Effective immediately.


LRB097 10576 RLC 50930 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3408LRB097 10576 RLC 50930 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 adding
5Section 32-15 as follows:
 
6    (720 ILCS 5/32-15 new)
7    Sec. 32-15. Providing false information to a law
8enforcement officer attempting to serve a protective order.
9    (a) For the purposes of this Section:
10        "Law enforcement officer" means any peace officer, and
11    includes a deputy sheriff, municipal police officer,
12    probation officer, or parole agent while acting in his or
13    her official capacity.
14        "Protective order" means a temporary restraining
15    order, protective order, preliminary injunction, permanent
16    injunction, or court-approved consent agreement resulting
17    from actions brought pursuant to a criminal procedure, or
18    as part of a disposition, sentence, or bail, or a condition
19    of a criminal matter when such order is issued for the
20    purpose of preventing violent or threatening acts or
21    harassment against, contact or communication with, or
22    physical proximity to, another person to prevent domestic
23    abuse or dating violence.

 

 

HB3408- 2 -LRB097 10576 RLC 50930 b

1    (b) A person commits providing false information to a law
2enforcement officer attempting to serve a protective order when
3he or she makes a false or misleading statement to a law
4enforcement officer attempting to serve a protective order and
5the person:
6        (1) knows that the statement is false or misleading;
7    and
8        (2) has the intent to mislead the officer as to the
9    identity of the person, the whereabouts of the person, or
10    the residence of the person the officer is attempting to
11    serve, or to otherwise thwart the service of a protective
12    order.
13    (c) Sentence. A person who commits providing false
14information to a law enforcement officer attempting to serve a
15protective order is guilty of a Class B misdemeanor for which
16the court, in addition to any other penalty, may impose a fine
17not to exceed $500.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.