Rep. Emily McAsey
Filed: 3/10/2009
 
 

 




 

 		












09600HB1965ham001

LRB096 05324 RLC 22937 a






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AMENDMENT TO HOUSE BILL 1965 




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    AMENDMENT NO. ______. Amend House Bill 1965 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 12-30 as follows:
 



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    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)



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    Sec. 12-30. Violation of an order of protection. 

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    (a) A person commits violation of an order of protection 
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if:


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        (1) He or she commits an act which was prohibited by a 
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    court or fails
to commit
an act which was ordered by a 
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    court in violation of:


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            (i) a remedy in a valid
order of protection 
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        authorized under paragraphs (1), (2), (3), (14),
or

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        (14.5) of
subsection (b) of Section 214 of the Illinois 
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        Domestic Violence Act of 1986,


 


 






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            (ii) a remedy, which is substantially similar to 
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        the remedies
authorized
under paragraphs (1), (2), 
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        (3), (14) or (14.5) of subsection (b) of Section 214
of 
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        the Illinois Domestic Violence Act of 1986, in a valid 
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        order of protection,
which is authorized under the laws 
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        of another state, tribe or United States
territory,


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            (iii) any other remedy when the act constitutes a 
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        crime against the
protected parties
as the term 
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        protected parties is defined in Section 112A-4 of the 
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        Code of
Criminal Procedure of 1963; and


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        (2) Such violation occurs after the offender has been 
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    served notice of
the contents of the order, pursuant to the 
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    Illinois Domestic Violence
Act of 1986 or any substantially 
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    similar statute of another state, tribe or
United
States 
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    territory, or otherwise has acquired actual knowledge of 
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    the contents
of the
order.

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    An order of protection issued by a state, tribal or 
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territorial
court
related to domestic or family violence shall 
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be deemed valid if the issuing
court had jurisdiction over the 
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parties and matter under the law of the state,
tribe or 
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territory.  There shall be a presumption of validity where an 
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order is
certified and appears authentic on its face.

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    (a-5) Failure to provide reasonable notice and opportunity 
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to be heard
shall
be an affirmative defense to any charge or 
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process filed seeking enforcement of
a foreign order of 
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protection.

 


 






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    (b) For purposes of this Section, an "order of protection" 
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may have been
issued in a criminal or civil proceeding.

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    (c) Nothing in this Section shall be construed to diminish 
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the inherent
authority of the courts to enforce their lawful 
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orders through civil or
criminal contempt proceedings.

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    (d) Violation of an order of protection under subsection 
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(a) of this
Section is a Class A misdemeanor.
Violation of an 
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order of protection under subsection (a) of this Section is a

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Class 4 felony if the defendant has any prior conviction under 
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this Code for
domestic battery (Section 12-3.2)
or violation of 
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an order of protection (Section
12-30).  Violation of an order 
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of protection is a Class 4 felony if the
defendant has any 
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prior conviction under this Code for
first degree murder 
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(Section 9-1), attempt to commit first degree murder
(Section 
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8-4), aggravated domestic battery (Section 12-3.3),
aggravated 
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battery
(Section 12-4),
heinous battery (Section 12-4.1), 
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aggravated battery with a firearm (Section
12-4.2), aggravated 
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battery of a child (Section 12-4.3), aggravated battery of
an 
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unborn child (Section 12-4.4), aggravated battery of a senior 
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citizen
(Section 12-4.6),
stalking (Section 12-7.3), 
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aggravated stalking (Section
12-7.4),
criminal sexual assault 
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(Section 12-13), aggravated criminal sexual assault
(12-14),  
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kidnapping (Section 10-1), aggravated kidnapping (Section 
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10-2),
predatory criminal sexual assault of a child (Section 
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12-14.1),
aggravated criminal sexual abuse (Section 12-16),

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unlawful restraint (Section 10-3), aggravated unlawful 
 


 






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restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), 
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or aggravated discharge of a firearm
(Section 24-1.2),
when any 
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of these offenses have been committed against a family or

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household member as defined in Section 112A-3 of the Code of 
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Criminal Procedure
of 1963.  The court shall impose a minimum 
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penalty of 48 24 hours imprisonment for
defendant's first 
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violation and 72 hours imprisonment for defendant's second or 
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subsequent violation of any order of protection; unless
the 
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court explicitly finds that an increased penalty or such period 
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of
imprisonment would be manifestly unjust.  In addition to any 
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other penalties,
the court may order the defendant to pay a 
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fine as authorized under Section
5-9-1 of the Unified Code of 
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Corrections or to make restitution to the victim
under Section 
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5-5-6 of the Unified Code of Corrections.  In addition to any

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other penalties, including those imposed by Section 5-9-1.5 of 
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the Unified Code
of Corrections, the court shall impose an 
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additional fine of $20 as authorized
by Section 5-9-1.11 of the 
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Unified Code of Corrections upon any person
convicted of or 
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placed on supervision for a violation of this
Section.  The 
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additional fine shall
be imposed for each violation of this 
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Section.

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    (e) The limitations placed on law enforcement liability by 
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Section 305 of
the Illinois Domestic Violence Act of 1986 apply 
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to actions taken under this
Section.

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(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; 
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92-827, eff.
8-22-02.)".