State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB1759

 
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 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),  aggravated  battery
23    (Section 12-4) committed against a family or household member
24    as  defined  in  Section  112A-3  of  the  Code  of  Criminal
25    Procedure of 1963, or violation of  an  order  of  protection
26    (Section   12-30).   In  addition  to  any  other  sentencing
27    alternatives, for any second  conviction  of  violating  this
28    Section within 5 years of a previous conviction for violating
29    this  Section, the offender shall be mandatorily sentenced to
30    a minimum of  48  consecutive  hours  of  imprisonment.   The
31    imprisonment  shall  not  be subject to suspension, nor shall
 
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 1    the person be eligible for probation in order to  reduce  the
 2    sentence.
 3    (Source: P.A. 90-734, eff. 1-1-99.)

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

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