Sen. Steve McClure

Filed: 4/10/2024

 

 


 

 


 
10300SB0964sam001LRB103 05383 RLC 71523 a

1
AMENDMENT TO SENATE BILL 964

2    AMENDMENT NO. ______. Amend Senate Bill 964 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-3.4 as follows:
 
6    (720 ILCS 5/12-3.4)  (was 720 ILCS 5/12-30)
7    Sec. 12-3.4. Violation of an order of protection.
8    (a) A person commits violation of an order of protection
9if:
10        (1) He or she knowingly commits an act which was
11    prohibited by a court or fails to commit an act which was
12    ordered by a court in violation of:
13            (i) a remedy in a valid order of protection
14        authorized under paragraphs (1), (2), (3), (14), or
15        (14.5) of subsection (b) of Section 214 of the
16        Illinois Domestic Violence Act of 1986,

 

 

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1            (ii) a remedy, which is substantially similar to
2        the remedies authorized under paragraphs (1), (2),
3        (3), (14) or (14.5) of subsection (b) of Section 214 of
4        the Illinois Domestic Violence Act of 1986, in a valid
5        order of protection, which is authorized under the
6        laws of another state, tribe or United States
7        territory,
8            (iii) any other remedy when the act constitutes a
9        crime against the protected parties as the term
10        protected parties is defined in Section 112A-4 of the
11        Code of Criminal Procedure of 1963; and
12        (2) Such violation occurs after the offender has been
13    served notice of the contents of the order, pursuant to
14    the Illinois Domestic Violence Act of 1986 or any
15    substantially similar statute of another state, tribe or
16    United States territory, or otherwise has acquired actual
17    knowledge of the contents of the order.
18    An order of protection issued by a state, tribal or
19territorial court related to domestic or family violence shall
20be deemed valid if the issuing court had jurisdiction over the
21parties and matter under the law of the state, tribe or
22territory. There shall be a presumption of validity where an
23order is certified and appears authentic on its face. For
24purposes of this Section, an "order of protection" may have
25been issued in a criminal or civil proceeding.
26    (a-5) Failure to provide reasonable notice and opportunity

 

 

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1to be heard shall be an affirmative defense to any charge or
2process filed seeking enforcement of a foreign order of
3protection.
4    (b) Nothing in this Section shall be construed to diminish
5the inherent authority of the courts to enforce their lawful
6orders through civil or criminal contempt proceedings.
7    (c) The limitations placed on law enforcement liability by
8Section 305 of the Illinois Domestic Violence Act of 1986
9apply to actions taken under this Section.
10    (d) Violation of an order of protection is a Class 4 felony
11A misdemeanor. Violation of an order of protection is a Class 3
124 felony if the defendant has any prior conviction under this
13Code for domestic battery (Section 12-3.2) or violation of an
14order of protection (Section 12-3.4 or 12-30) or any prior
15conviction under the law of another jurisdiction for an
16offense that could be charged in this State as a domestic
17battery or violation of an order of protection. Violation of
18an order of protection is a Class 3 4 felony if the defendant
19has any prior conviction under this Code for first degree
20murder (Section 9-1), attempt to commit first degree murder
21(Section 8-4), aggravated domestic battery (Section 12-3.3),
22aggravated battery (Section 12-3.05 or 12-4), heinous battery
23(Section 12-4.1), aggravated battery with a firearm (Section
2412-4.2), aggravated battery with a machine gun or a firearm
25equipped with a silencer (Section 12-4.2-5), aggravated
26battery of a child (Section 12-4.3), aggravated battery of an

 

 

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1unborn child (subsection (a-5) of Section 12-3.1, or Section
212-4.4), aggravated battery of a senior citizen (Section
312-4.6), stalking (Section 12-7.3), aggravated stalking
4(Section 12-7.4), criminal sexual assault (Section 11-1.20 or
512-13), aggravated criminal sexual assault (Section 11-1.30 or
612-14), kidnapping (Section 10-1), aggravated kidnapping
7(Section 10-2), predatory criminal sexual assault of a child
8(Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse
9(Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),
10aggravated unlawful restraint (Section 10-3.1), aggravated
11arson (Section 20-1.1), aggravated discharge of a firearm
12(Section 24-1.2), or a violation of any former law of this
13State that is substantially similar to any listed offense, or
14any prior conviction under the law of another jurisdiction for
15an offense that could be charged in this State as one of the
16offenses listed in this Section, when any of these offenses
17have been committed against a family or household member as
18defined in Section 112A-3 of the Code of Criminal Procedure of
191963. The court shall impose a minimum penalty of 24 hours
20imprisonment for defendant's second or subsequent violation of
21any order of protection; unless the court explicitly finds
22that an increased penalty or such period of imprisonment would
23be manifestly unjust. In addition to any other penalties, the
24court may order the defendant to pay a fine as authorized under
25Section 5-9-1 of the Unified Code of Corrections or to make
26restitution to the victim under Section 5-5-6 of the Unified

 

 

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1Code of Corrections.
2    (e) (Blank).
3    (f) A defendant who directed the actions of a third party
4to violate this Section, under the principles of
5accountability set forth in Article 5 of this Code, is guilty
6of violating this Section as if the same had been personally
7done by the defendant, without regard to the mental state of
8the third party acting at the direction of the defendant.
9(Source: P.A. 100-987, eff. 7-1-19.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".