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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1759
LRB9105511RCks
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
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), aggravated battery
23 (Section 12-4) committed against a family or household member
24 as defined in Section 112A-3 of the Code of Criminal
25 Procedure of 1963, or violation of an order of protection
26 (Section 12-30). In addition to any other sentencing
27 alternatives, for any second conviction of violating this
28 Section within 5 years of a previous conviction for violating
29 this Section, the offender shall be mandatorily sentenced to
30 a minimum of 48 consecutive hours of imprisonment. The
31 imprisonment shall not be subject to suspension, nor shall
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1 the person be eligible for probation in order to reduce the
2 sentence.
3 (Source: P.A. 90-734, eff. 1-1-99.)
4 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
5 Sec. 12-30. Violation of an order of protection.
6 (a) A person commits violation of an order of protection
7 if:
8 (1) He or she commits an act which was prohibited
9 by a court or fails to commit an act which was ordered by
10 a court in violation of:
11 (i) a remedy in a valid order of protection
12 authorized under paragraphs (1), (2), (3), (14), or
13 (14.5) of subsection (b) of Section 214 of the
14 Illinois Domestic Violence Act of 1986,
15 (ii) a remedy, which is substantially similar
16 to the remedies authorized under paragraphs (1),
17 (2), (3), (14) or (14.5) of subsection (b) of
18 Section 214 of the Illinois Domestic Violence Act of
19 1986, in a valid order of protection, which is
20 authorized under the laws of another state, tribe or
21 United States territory,
22 (iii) any other remedy when the act
23 constitutes a crime against the protected parties as
24 the term protected parties is defined in Section
25 112A-4 of the Code of Criminal Procedure of 1963;
26 and
27 (2) Such violation occurs after the offender has
28 been served notice of the contents of the order, pursuant
29 to the Illinois Domestic Violence Act of 1986 or any
30 substantially similar statute of another state, tribe or
31 United States territory, or otherwise has acquired actual
32 knowledge of the contents of the order.
33 An order of protection issued by a state, tribal or
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1 territorial court related to domestic or family violence
2 shall be deemed valid if the issuing court had jurisdiction
3 over the parties and matter under the law of the state, tribe
4 or territory. There shall be a presumption of validity where
5 an order is certified and appears authentic on its face.
6 (a-5) Failure to provide reasonable notice and
7 opportunity to be heard shall be an affirmative defense to
8 any charge or process filed seeking enforcement of a foreign
9 order of protection.
10 (b) For purposes of this Section, an "order of
11 protection" may have been issued in a criminal or civil
12 proceeding.
13 (c) Nothing in this Section shall be construed to
14 diminish the inherent authority of the courts to enforce
15 their lawful orders through civil or criminal contempt
16 proceedings.
17 (d) Violation of an order of protection under subsection
18 (a) of this Section is a Class A misdemeanor. Violation of an
19 order of protection under subsection (a) of this Section is a
20 Class 4 felony if the defendant has any prior conviction
21 under this Code for domestic battery (Section 12-3.2),
22 aggravated battery (Section 12-4) committed against a family
23 or household member as defined in Section 112A-3 of the Code
24 of Criminal Procedure of 1963, or violation of an order of
25 protection (Section 12-30). The court shall impose a minimum
26 penalty of 24 hours imprisonment for defendant's second or
27 subsequent violation of any order of protection; unless the
28 court explicitly finds that an increased penalty or such
29 period of imprisonment would be manifestly unjust. In
30 addition to any other penalties, the court may order the
31 defendant to pay a fine as authorized under Section 5-9-1 of
32 the Unified Code of Corrections or to make restitution to the
33 victim under Section 5-5-6 of the Unified Code of
34 Corrections. In addition to any other penalties, including
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1 those imposed by Section 5-9-1.5 of the Unified Code of
2 Corrections, the court shall impose an additional fine of $20
3 as authorized by Section 5-9-1.11 of the Unified Code of
4 Corrections upon any person convicted of or placed on
5 supervision for a violation of this Section. The additional
6 fine shall be imposed for each violation of this Section.
7 (e) The limitations placed on law enforcement liability
8 by Section 305 of the Illinois Domestic Violence Act of 1986
9 apply to actions taken under this Section.
10 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
11 90-734, eff. 1-1-99; revised 9-21-98.)