97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2307

 

Introduced 2/15/2011, by Sen. Thomas Johnson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-30  from Ch. 38, par. 12-30

    Amends the Criminal Code of 1961. Makes a technical change in the Section concerning violation of an order of protection.


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A BILL FOR

 

SB2307LRB097 09385 RLC 49520 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 changing
5Section 12-30 as follows:
 
6    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
7    Sec. 12-30. Violation of an order of protection.
8    (a) A person commits violation of an an order of protection
9if:
10        (1) He or she commits an act which was prohibited by a
11    court or fails to commit an act which was ordered by a
12    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 Illinois
16        Domestic Violence Act of 1986,
17            (ii) a remedy, which is substantially similar to
18        the remedies authorized under paragraphs (1), (2),
19        (3), (14) or (14.5) of subsection (b) of Section 214 of
20        the Illinois Domestic Violence Act of 1986, in a valid
21        order of protection, which is authorized under the laws
22        of another state, tribe or United States territory,
23            (iii) any other remedy when the act constitutes a

 

 

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1        crime against the protected parties as the term
2        protected parties is defined in Section 112A-4 of the
3        Code of Criminal Procedure of 1963; and
4        (2) Such violation occurs after the offender has been
5    served notice of the contents of the order, pursuant to the
6    Illinois Domestic Violence Act of 1986 or any substantially
7    similar statute of another state, tribe or United States
8    territory, or otherwise has acquired actual knowledge of
9    the contents of the order.
10    An order of protection issued by a state, tribal or
11territorial court related to domestic or family violence shall
12be deemed valid if the issuing court had jurisdiction over the
13parties and matter under the law of the state, tribe or
14territory. There shall be a presumption of validity where an
15order is certified and appears authentic on its face.
16    (a-5) Failure to provide reasonable notice and opportunity
17to be heard shall be an affirmative defense to any charge or
18process filed seeking enforcement of a foreign order of
19protection.
20    (b) For purposes of this Section, an "order of protection"
21may have been issued in a criminal or civil proceeding.
22    (c) Nothing in this Section shall be construed to diminish
23the inherent authority of the courts to enforce their lawful
24orders through civil or criminal contempt proceedings.
25    (d) Violation of an order of protection under subsection
26(a) of this Section is a Class A misdemeanor. Violation of an

 

 

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1order of protection under subsection (a) of this Section is a
2Class 4 felony if the defendant has any prior conviction under
3this Code for domestic battery (Section 12-3.2) or violation of
4an order of protection (Section 12-30). Violation of an order
5of protection is a Class 4 felony if the defendant has any
6prior conviction under this Code for first degree murder
7(Section 9-1), attempt to commit first degree murder (Section
88-4), aggravated domestic battery (Section 12-3.3), aggravated
9battery (Section 12-4), heinous battery (Section 12-4.1),
10aggravated battery with a firearm (Section 12-4.2), aggravated
11battery of a child (Section 12-4.3), aggravated battery of an
12unborn child (Section 12-4.4), aggravated battery of a senior
13citizen (Section 12-4.6), stalking (Section 12-7.3),
14aggravated stalking (Section 12-7.4), criminal sexual assault
15(Section 12-13), aggravated criminal sexual assault (12-14),
16kidnapping (Section 10-1), aggravated kidnapping (Section
1710-2), predatory criminal sexual assault of a child (Section
1812-14.1), aggravated criminal sexual abuse (Section 12-16),
19unlawful restraint (Section 10-3), aggravated unlawful
20restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
21or aggravated discharge of a firearm (Section 24-1.2), when any
22of these offenses have been committed against a family or
23household member as defined in Section 112A-3 of the Code of
24Criminal Procedure of 1963. The court shall impose a minimum
25penalty of 24 hours imprisonment for defendant's second or
26subsequent violation of any order of protection; unless the

 

 

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1court explicitly finds that an increased penalty or such period
2of imprisonment would be manifestly unjust. In addition to any
3other penalties, the court may order the defendant to pay a
4fine as authorized under Section 5-9-1 of the Unified Code of
5Corrections or to make restitution to the victim under Section
65-5-6 of the Unified Code of Corrections. In addition to any
7other penalties, including those imposed by Section 5-9-1.5 of
8the Unified Code of Corrections, the court shall impose an
9additional fine of $20 as authorized by Section 5-9-1.11 of the
10Unified Code of Corrections upon any person convicted of or
11placed on supervision for a violation of this Section. The
12additional fine shall be imposed for each violation of this
13Section.
14    (e) The limitations placed on law enforcement liability by
15Section 305 of the Illinois Domestic Violence Act of 1986 apply
16to actions taken under this Section.
17(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
1892-827, eff. 8-22-02.)