Illinois General Assembly - Full Text of HB4636
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Full Text of HB4636  97th General Assembly


Sen. John G. Mulroe

Filed: 4/17/2012





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2    AMENDMENT NO. ______. Amend House Bill 4636 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 1961 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
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 Illinois
16        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 laws
6        of another state, tribe or United States territory,
7            (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
11        (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.
17    An order of protection issued by a state, tribal or
18territorial court related to domestic or family violence shall
19be deemed valid if the issuing court had jurisdiction over the
20parties and matter under the law of the state, tribe or
21territory. There shall be a presumption of validity where an
22order is certified and appears authentic on its face. For
23purposes of this Section, an "order of protection" may have
24been issued in a criminal or civil proceeding.
25    (a-5) Failure to provide reasonable notice and opportunity
26to be heard shall be an affirmative defense to any charge or



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1process filed seeking enforcement of a foreign order of
3    (b) Nothing in this Section shall be construed to diminish
4the inherent authority of the courts to enforce their lawful
5orders through civil or criminal contempt proceedings.
6    (c) The limitations placed on law enforcement liability by
7Section 305 of the Illinois Domestic Violence Act of 1986 apply
8to actions taken under this Section.
9    (d) Violation of an order of protection is a Class A
10misdemeanor. Violation of an order of protection is a Class 4
11felony if the defendant has any prior conviction under this
12Code for domestic battery (Section 12-3.2) or violation of an
13order of protection (Section 12-3.4 or 12-30) or any prior
14conviction under the law of another jurisdiction for an offense
15that could be charged in this State as a domestic battery or
16violation of an order of protection. Violation of an order of
17protection is a Class 4 felony if the defendant has any prior
18conviction under this Code for first degree murder (Section
199-1), attempt to commit first degree murder (Section 8-4),
20aggravated domestic battery (Section 12-3.3), aggravated
21battery (Section 12-3.05 or 12-4), heinous battery (Section
2212-4.1), aggravated battery with a firearm (Section 12-4.2),
23aggravated battery with a machine gun or a firearm equipped
24with a silencer (Section 12-4.2-5), aggravated battery of a
25child (Section 12-4.3), aggravated battery of an unborn child
26(subsection (a-5) of Section 12-3.1, or Section 12-4.4),



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1aggravated battery of a senior citizen (Section 12-4.6),
2stalking (Section 12-7.3), aggravated stalking (Section
312-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
4aggravated criminal sexual assault (Section 11-1.30 or 12-14),
5kidnapping (Section 10-1), aggravated kidnapping (Section
610-2), predatory criminal sexual assault of a child (Section
711-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
811-1.60 or 12-16), unlawful restraint (Section 10-3),
9aggravated unlawful restraint (Section 10-3.1), aggravated
10arson (Section 20-1.1), aggravated discharge of a firearm
11(Section 24-1.2), or a violation of any former law of this
12State that is substantially similar to any listed offense, or
13any prior conviction under the law of another jurisdiction for
14an offense that could be charged in this State as one of the
15offenses listed in this Section, when any of these offenses
16have been committed against a family or household member as
17defined in Section 112A-3 of the Code of Criminal Procedure of
181963. The court shall impose a minimum penalty of 24 hours
19imprisonment for defendant's second or subsequent violation of
20any order of protection; unless the court explicitly finds that
21an increased penalty or such period of imprisonment would be
22manifestly unjust. In addition to any other penalties, the
23court may order the defendant to pay a fine as authorized under
24Section 5-9-1 of the Unified Code of Corrections or to make
25restitution to the victim under Section 5-5-6 of the Unified
26Code of Corrections. In addition to any other penalties,



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1including those imposed by Section 5-9-1.5 of the Unified Code
2of Corrections, the court shall impose an additional fine of
3$20 as authorized by Section 5-9-1.11 of the Unified Code of
4Corrections upon any person convicted of or placed on
5supervision for a violation of this Section. The additional
6fine shall be imposed for each violation of this Section.
7    (e) (Blank).
8    (f) A defendant who directed the actions of a third party
9to violate this Section, under the principles of accountability
10set forth in Article 5 of this Code, is guilty of violating
11this Section as if the same had been personally done by the
12defendant, without regard to the mental state of the third
13party acting at the direction of the defendant.
14(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
1596-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
1697-311, eff. 8-11-11; revised 9-11-11.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".