Full Text of HB4900 101st General Assembly
HB4900 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4900 Introduced 2/18/2020, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-3.4 | was 720 ILCS 5/12-30 |
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Amends the Criminal Code of 2012. Provides that the court shall impose a minimum fine of: (1) $100 for a first violation of an order of protection; (2) $250 for a second violation; (3) $500 for a third violation; and (4) $1,000 for a fourth or subsequent violation. Provides that the minimum fines for subsequent offenses apply to a person who was convicted of violation of an order of protection and had previous convictions for that offense or certain other listed offenses committed against family or household members.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | 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 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 | 11 | | territorial
court
related to domestic or family violence shall | 12 | | be deemed valid if the issuing
court had jurisdiction over the | 13 | | parties and matter under the law of the state,
tribe or | 14 | | territory. There shall be a presumption of validity where an | 15 | | order is
certified and appears authentic on its face. For | 16 | | purposes of this Section, an "order of protection" may have | 17 | | been
issued in a criminal or civil proceeding.
| 18 | | (a-5) Failure to provide reasonable notice and opportunity | 19 | | to be heard
shall
be an affirmative defense to any charge or | 20 | | process filed seeking enforcement of
a foreign order of | 21 | | protection.
| 22 | | (b) Nothing in this Section shall be construed to diminish | 23 | | the inherent
authority of the courts to enforce their lawful | 24 | | orders through civil or
criminal contempt proceedings.
| 25 | | (c) The limitations placed on law enforcement liability by | 26 | | Section 305 of
the Illinois Domestic Violence Act of 1986 apply |
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| 1 | | to actions taken under this
Section.
| 2 | | (d) Violation of an order of protection is a Class A | 3 | | misdemeanor for which the court shall impose a minimum fine of | 4 | | $100 .
Violation of an order of protection is a
Class 4 felony | 5 | | for which the court shall impose a minimum fine of $250 for a | 6 | | second offense if the defendant has any prior conviction under | 7 | | this Code for
domestic battery (Section 12-3.2)
or violation of | 8 | | an order of protection (Section 12-3.4 or
12-30) or any prior | 9 | | conviction under the law of another jurisdiction for an offense | 10 | | that could be charged in this State as a domestic battery or | 11 | | violation of an order of protection. Violation of an order of | 12 | | protection is a Class 4 felony if the
defendant has any prior | 13 | | conviction under this Code for
first degree murder (Section | 14 | | 9-1), attempt to commit first degree murder
(Section 8-4), | 15 | | aggravated domestic battery (Section 12-3.3),
aggravated | 16 | | battery
(Section 12-3.05 or 12-4),
heinous battery (Section | 17 | | 12-4.1), aggravated battery with a firearm (Section
12-4.2), | 18 | | aggravated battery with a machine gun or a firearm equipped | 19 | | with a silencer (Section 12-4.2-5), aggravated battery of a | 20 | | child (Section 12-4.3), aggravated battery of
an unborn child | 21 | | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), | 22 | | aggravated battery of a senior citizen
(Section 12-4.6),
| 23 | | stalking (Section 12-7.3), aggravated stalking (Section
| 24 | | 12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), | 25 | | aggravated criminal sexual assault
(Section 11-1.30 or 12-14), | 26 | | kidnapping (Section 10-1), aggravated kidnapping (Section |
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| 1 | | 10-2),
predatory criminal sexual assault of a child (Section | 2 | | 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section | 3 | | 11-1.60 or 12-16),
unlawful restraint (Section 10-3), | 4 | | aggravated unlawful restraint
(Section
10-3.1),
aggravated | 5 | | arson (Section 20-1.1), aggravated discharge of a firearm
| 6 | | (Section 24-1.2), or a violation of any former law of this | 7 | | State that is substantially similar to any listed offense,
or | 8 | | any prior conviction under the law of another jurisdiction for | 9 | | an offense that could be charged in this State as one of the | 10 | | offenses listed in this Section, when any of these offenses | 11 | | have been committed against a family or
household member as | 12 | | defined in Section 112A-3 of the Code of Criminal Procedure
of | 13 | | 1963. If the violation under this subsection (d) is a third | 14 | | offense, the court shall impose a minimum fine of $500. If the | 15 | | violation under this subsection (d) is a fourth or subsequent | 16 | | offense, the court shall impose a minimum fine of $1,000. The | 17 | | court shall impose a minimum penalty of 24 hours imprisonment | 18 | | for
defendant's second or subsequent violation of any order of | 19 | | protection; unless
the court explicitly finds that an increased | 20 | | penalty or such period of
imprisonment would be manifestly | 21 | | unjust. In addition to any other penalties,
the court may order | 22 | | the defendant to pay a fine as authorized under Section
5-9-1 | 23 | | of the Unified Code of Corrections or to make restitution to | 24 | | the victim
under Section 5-5-6 of the Unified Code of | 25 | | Corrections.
| 26 | | (e) (Blank).
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| 1 | | (f) A defendant who directed the actions of a third party | 2 | | to violate this Section, under the principles of accountability | 3 | | set forth in Article 5 of this Code, is guilty of violating | 4 | | this Section as if the same had been personally done by the | 5 | | defendant, without regard to the mental state of the third | 6 | | party acting at the direction of the defendant. | 7 | | (Source: P.A. 100-987, eff. 7-1-19 .)
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