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91_SB0483enr
SB483 Enrolled LRB9105116RCksA
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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