Full Text of HB1965 96th General Assembly
HB1965ham001 96TH GENERAL ASSEMBLY
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Rep. Emily McAsey
Filed: 3/10/2009
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09600HB1965ham001 |
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| 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 | 9 |
| if:
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| (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:
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| (i) a remedy in a valid
order of protection | 14 |
| authorized under paragraphs (1), (2), (3), (14),
or
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| (14.5) of
subsection (b) of Section 214 of the Illinois | 16 |
| Domestic Violence Act of 1986,
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LRB096 05324 RLC 22937 a |
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| (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 laws | 6 |
| of another state, tribe or United States
territory,
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| (iii) any other remedy when the act constitutes a | 8 |
| crime against the
protected parties
as the term | 9 |
| protected parties is defined in Section 112A-4 of the | 10 |
| Code of
Criminal Procedure of 1963; and
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| (2) Such violation occurs after the offender has been | 12 |
| served notice of
the contents of the order, pursuant to the | 13 |
| Illinois Domestic Violence
Act of 1986 or any substantially | 14 |
| similar statute of another state, tribe or
United
States | 15 |
| territory, or otherwise has acquired actual knowledge of | 16 |
| the contents
of the
order.
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| An order of protection issued by a state, tribal or | 18 |
| territorial
court
related to domestic or family violence shall | 19 |
| be deemed valid if the issuing
court had jurisdiction over the | 20 |
| parties and matter under the law of the state,
tribe or | 21 |
| territory. There shall be a presumption of validity where an | 22 |
| order is
certified and appears authentic on its face.
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| (a-5) Failure to provide reasonable notice and opportunity | 24 |
| to be heard
shall
be an affirmative defense to any charge or | 25 |
| process filed seeking enforcement of
a foreign order of | 26 |
| protection.
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LRB096 05324 RLC 22937 a |
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| (b) For purposes of this Section, an "order of protection" | 2 |
| may have been
issued in a criminal or civil proceeding.
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| (c) Nothing in this Section shall be construed to diminish | 4 |
| the inherent
authority of the courts to enforce their lawful | 5 |
| orders through civil or
criminal contempt proceedings.
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| (d) Violation of an order of protection under subsection | 7 |
| (a) of this
Section is a Class A misdemeanor.
Violation of an | 8 |
| 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 | 10 |
| this Code for
domestic battery (Section 12-3.2)
or violation of | 11 |
| an order of protection (Section
12-30). Violation of an order | 12 |
| of protection is a Class 4 felony if the
defendant has any | 13 |
| prior conviction under this Code for
first degree murder | 14 |
| (Section 9-1), attempt to commit first degree murder
(Section | 15 |
| 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | 16 |
| battery
(Section 12-4),
heinous battery (Section 12-4.1), | 17 |
| aggravated battery with a firearm (Section
12-4.2), aggravated | 18 |
| battery of a child (Section 12-4.3), aggravated battery of
an | 19 |
| unborn child (Section 12-4.4), aggravated battery of a senior | 20 |
| citizen
(Section 12-4.6),
stalking (Section 12-7.3), | 21 |
| aggravated stalking (Section
12-7.4),
criminal sexual assault | 22 |
| (Section 12-13), aggravated criminal sexual assault
(12-14), | 23 |
| kidnapping (Section 10-1), aggravated kidnapping (Section | 24 |
| 10-2),
predatory criminal sexual assault of a child (Section | 25 |
| 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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LRB096 05324 RLC 22937 a |
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| restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | 2 |
| or aggravated discharge of a firearm
(Section 24-1.2),
when any | 3 |
| 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 | 5 |
| Criminal Procedure
of 1963. The court shall impose a minimum | 6 |
| penalty of 48 24 hours imprisonment for
defendant's first | 7 |
| violation and 72 hours imprisonment for defendant's second or | 8 |
| subsequent violation of any order of protection; unless
the | 9 |
| court explicitly finds that an increased penalty or such period | 10 |
| of
imprisonment would be manifestly unjust. In addition to any | 11 |
| other penalties,
the court may order the defendant to pay a | 12 |
| fine as authorized under Section
5-9-1 of the Unified Code of | 13 |
| Corrections or to make restitution to the victim
under Section | 14 |
| 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 | 16 |
| the Unified Code
of Corrections, the court shall impose an | 17 |
| additional fine of $20 as authorized
by Section 5-9-1.11 of the | 18 |
| Unified Code of Corrections upon any person
convicted of or | 19 |
| placed on supervision for a violation of this
Section. The | 20 |
| additional fine shall
be imposed for each violation of this | 21 |
| Section.
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| (e) The limitations placed on law enforcement liability by | 23 |
| Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 24 |
| 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; | 26 |
| 92-827, eff.
8-22-02.)".
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