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91_HB2714
LRB9105539RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-3.2 and 12-30.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-3.2 and 12-30 as follows:
7 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
8 Sec. 12-3.2. Domestic Battery.
9 (a) A person commits domestic battery if he or she
10 intentionally or knowingly without legal justification by any
11 means:
12 (1) Causes bodily harm to any family or household
13 member as defined in subsection (3) of Section 112A-3 of
14 the Code of Criminal Procedure of 1963, as amended;
15 (2) Makes physical contact of an insulting or
16 provoking nature with any family or household member as
17 defined in subsection (3) of Section 112A-3 of the Code
18 of Criminal Procedure of 1963, as amended.
19 (b) Sentence. Domestic battery is a Class A
20 Misdemeanor. Domestic battery is a Class 4 felony if the
21 defendant has any prior conviction under this Code for
22 domestic battery (Section 12-3.2) or violation of an order of
23 protection (Section 12-30). In addition to any other
24 sentencing alternatives, for any second conviction of
25 violating this Section within 5 years of a previous
26 conviction for violating this Section, the offender shall be
27 mandatorily sentenced to a minimum of 48 consecutive hours of
28 imprisonment. The imprisonment shall not be subject to
29 suspension, nor shall the person be eligible for probation in
30 order to reduce the sentence.
31 (Source: P.A. 90-734, eff. 1-1-99.)
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1 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
2 Sec. 12-30. Violation of an order of protection.
3 (a) A person commits violation of an order of protection
4 if:
5 (1) He or she commits an act which was prohibited
6 by a court or fails to commit an act which was ordered by
7 a court in violation of:
8 (i) a remedy in a valid order of protection
9 authorized under paragraphs (1), (2), (3), (14), or
10 (14.5) of subsection (b) of Section 214 of the
11 Illinois Domestic Violence Act of 1986,
12 (ii) a remedy, which is substantially similar
13 to the remedies authorized under paragraphs (1),
14 (2), (3), (14) or (14.5) of subsection (b) of
15 Section 214 of the Illinois Domestic Violence Act of
16 1986, in a valid order of protection, which is
17 authorized under the laws of another state, tribe or
18 United States territory,
19 (iii) any other remedy when the act
20 constitutes a crime against the protected parties as
21 the term protected parties is defined in Section
22 112A-4 of the Code of Criminal Procedure of 1963;
23 and
24 (2) Such violation occurs after the offender has
25 been served notice of the contents of the order, pursuant
26 to the Illinois Domestic Violence Act of 1986 or any
27 substantially similar statute of another state, tribe or
28 United States territory, or otherwise has acquired actual
29 knowledge of the contents of the order.
30 An order of protection issued by a state, tribal or
31 territorial court related to domestic or family violence
32 shall be deemed valid if the issuing court had jurisdiction
33 over the parties and matter under the law of the state, tribe
34 or territory. There is shall be a presumption of validity
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1 where an order is certified and appears authentic on its
2 face.
3 (a-5) Failure to provide reasonable notice and
4 opportunity to be heard shall be an affirmative defense to
5 any charge or process filed seeking enforcement of a foreign
6 order of protection.
7 (b) For purposes of this Section, an "order of
8 protection" may have been issued in a criminal or civil
9 proceeding.
10 (c) Nothing in this Section shall be construed to
11 diminish the inherent authority of the courts to enforce
12 their lawful orders through civil or criminal contempt
13 proceedings.
14 (d) Violation of an order of protection under subsection
15 (a) of this Section is a Class A misdemeanor. Violation of an
16 order of protection under subsection (a) of this Section is a
17 Class 4 felony if the defendant has any prior conviction
18 under this Code for domestic battery (Section 12-3.2) or
19 violation of an order of protection (Section 12-30). The
20 court shall impose a minimum penalty of 24 hours imprisonment
21 for defendant's second or subsequent violation of any order
22 of protection; unless the court explicitly finds that an
23 increased penalty or such period of imprisonment would be
24 manifestly unjust. In addition to any other penalties, the
25 court may order the defendant to pay a fine as authorized
26 under Section 5-9-1 of the Unified Code of Corrections or to
27 make restitution to the victim under Section 5-5-6 of the
28 Unified Code of Corrections. In addition to any other
29 penalties, including those imposed by Section 5-9-1.5 of the
30 Unified Code of Corrections, the court shall impose an
31 additional fine of $20 as authorized by Section 5-9-1.11 of
32 the Unified Code of Corrections upon any person convicted of
33 or placed on supervision for a violation of this Section.
34 The additional fine shall be imposed for each violation of
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1 this Section.
2 (e) The limitations placed on law enforcement liability
3 by Section 305 of the Illinois Domestic Violence Act of 1986
4 apply to actions taken under this Section.
5 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
6 90-734, eff. 1-1-99; revised 9-21-98.)