Full Text of SB0964 103rd General Assembly
SB0964sam001 103RD GENERAL ASSEMBLY | Sen. Steve McClure Filed: 4/10/2024 | | 10300SB0964sam001 | | LRB103 05383 RLC 71523 a |
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| 1 | | AMENDMENT TO SENATE BILL 964
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 964 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 9 | | if: | 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 | 19 | | territorial court related to domestic or family violence shall | 20 | | be deemed valid if the issuing court had jurisdiction over the | 21 | | parties and matter under the law of the state, tribe or | 22 | | territory. There shall be a presumption of validity where an | 23 | | order is certified and appears authentic on its face. For | 24 | | purposes of this Section, an "order of protection" may have | 25 | | been issued in a criminal or civil proceeding. | 26 | | (a-5) Failure to provide reasonable notice and opportunity |
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| 1 | | to be heard shall be an affirmative defense to any charge or | 2 | | process filed seeking enforcement of a foreign order of | 3 | | protection. | 4 | | (b) Nothing in this Section shall be construed to diminish | 5 | | the inherent authority of the courts to enforce their lawful | 6 | | orders through civil or criminal contempt proceedings. | 7 | | (c) The limitations placed on law enforcement liability by | 8 | | Section 305 of the Illinois Domestic Violence Act of 1986 | 9 | | apply to actions taken under this Section. | 10 | | (d) Violation of an order of protection is a Class 4 felony | 11 | | A misdemeanor . Violation of an order of protection is a Class 3 | 12 | | 4 felony if the defendant has any prior conviction under this | 13 | | Code for domestic battery (Section 12-3.2) or violation of an | 14 | | order of protection (Section 12-3.4 or 12-30) or any prior | 15 | | conviction under the law of another jurisdiction for an | 16 | | offense that could be charged in this State as a domestic | 17 | | battery or violation of an order of protection. Violation of | 18 | | an order of protection is a Class 3 4 felony if the defendant | 19 | | has any prior conviction under this Code for first degree | 20 | | murder (Section 9-1), attempt to commit first degree murder | 21 | | (Section 8-4), aggravated domestic battery (Section 12-3.3), | 22 | | aggravated battery (Section 12-3.05 or 12-4), heinous battery | 23 | | (Section 12-4.1), aggravated battery with a firearm (Section | 24 | | 12-4.2), aggravated battery with a machine gun or a firearm | 25 | | equipped with a silencer (Section 12-4.2-5), aggravated | 26 | | battery of a child (Section 12-4.3), aggravated battery of an |
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| 1 | | unborn child (subsection (a-5) of Section 12-3.1, or Section | 2 | | 12-4.4), aggravated battery of a senior citizen (Section | 3 | | 12-4.6), stalking (Section 12-7.3), aggravated stalking | 4 | | (Section 12-7.4), criminal sexual assault (Section 11-1.20 or | 5 | | 12-13), aggravated criminal sexual assault (Section 11-1.30 or | 6 | | 12-14), 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), | 10 | | aggravated unlawful restraint (Section 10-3.1), aggravated | 11 | | arson (Section 20-1.1), aggravated discharge of a firearm | 12 | | (Section 24-1.2), or a violation of any former law of this | 13 | | State that is substantially similar to any listed offense, or | 14 | | any prior conviction under the law of another jurisdiction for | 15 | | an offense that could be charged in this State as one of the | 16 | | offenses listed in this Section, when any of these offenses | 17 | | have been committed against a family or household member as | 18 | | defined in Section 112A-3 of the Code of Criminal Procedure of | 19 | | 1963. The court shall impose a minimum penalty of 24 hours | 20 | | imprisonment for defendant's second or subsequent violation of | 21 | | any order of protection; unless the court explicitly finds | 22 | | that an increased penalty or such period of imprisonment would | 23 | | be manifestly unjust. In addition to any other penalties, the | 24 | | court may order the defendant to pay a fine as authorized under | 25 | | Section 5-9-1 of the Unified Code of Corrections or to make | 26 | | restitution to the victim under Section 5-5-6 of the Unified |
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| 1 | | Code of Corrections. | 2 | | (e) (Blank). | 3 | | (f) A defendant who directed the actions of a third party | 4 | | to violate this Section, under the principles of | 5 | | accountability set forth in Article 5 of this Code, is guilty | 6 | | of violating this Section as if the same had been personally | 7 | | done by the defendant, without regard to the mental state of | 8 | | the 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 | 11 | | becoming law.". |
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