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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1759enr HB1759 Enrolled 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) or violation of an order of 23 protection (Section 12-30). Domestic battery is a Class 4 24 felony if the defendant has any prior conviction under this 25 Code for aggravated battery (Section 12-4), stalking (Section 26 12-7.3), aggravated stalking (Section 12-7.4), unlawful 27 restraint (Section 10-3), or aggravated unlawful restraint 28 (Section 10-3.1), when any of these offenses have been 29 committed against a family or household member as defined in 30 Section 112A-3 of the Code of Criminal Procedure of 1963. In 31 addition to any other sentencing alternatives, for any second HB1759 Enrolled -2- LRB9105511RCks 1 conviction of violating this Section within 5 years of a 2 previous conviction for violating this Section, the offender 3 shall be mandatorily sentenced to a minimum of 48 consecutive 4 hours of imprisonment. The imprisonment shall not be subject 5 to suspension, nor shall the person be eligible for probation 6 in order to reduce the sentence. 7 (Source: P.A. 90-734, eff. 1-1-99.) 8 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 9 Sec. 12-30. Violation of an order of protection. 10 (a) A person commits violation of an order of protection 11 if: 12 (1) He or she commits an act which was prohibited 13 by a court or fails to commit an act which was ordered by 14 a court in violation of: 15 (i) a remedy in a valid order of protection 16 authorized under paragraphs (1), (2), (3), (14), or 17 (14.5) of subsection (b) of Section 214 of the 18 Illinois Domestic Violence Act of 1986, 19 (ii) a remedy, which is substantially similar 20 to the remedies authorized under paragraphs (1), 21 (2), (3), (14) or (14.5) of subsection (b) of 22 Section 214 of the Illinois Domestic Violence Act of 23 1986, in a valid order of protection, which is 24 authorized under the laws of another state, tribe or 25 United States territory, 26 (iii) any other remedy when the act 27 constitutes a crime against the protected parties as 28 the term protected parties is defined in Section 29 112A-4 of the Code of Criminal Procedure of 1963; 30 and 31 (2) Such violation occurs after the offender has 32 been served notice of the contents of the order, pursuant 33 to the Illinois Domestic Violence Act of 1986 or any HB1759 Enrolled -3- LRB9105511RCks 1 substantially similar statute of another state, tribe or 2 United States territory, or otherwise has acquired actual 3 knowledge of the contents of the order. 4 An order of protection issued by a state, tribal or 5 territorial court related to domestic or family violence 6 shall be deemed valid if the issuing court had jurisdiction 7 over the parties and matter under the law of the state, tribe 8 or territory. There shall be a presumption of validity where 9 an order is certified and appears authentic on its face. 10 (a-5) Failure to provide reasonable notice and 11 opportunity to be heard shall be an affirmative defense to 12 any charge or process filed seeking enforcement of a foreign 13 order of protection. 14 (b) For purposes of this Section, an "order of 15 protection" may have been issued in a criminal or civil 16 proceeding. 17 (c) Nothing in this Section shall be construed to 18 diminish the inherent authority of the courts to enforce 19 their lawful orders through civil or criminal contempt 20 proceedings. 21 (d) Violation of an order of protection under subsection 22 (a) of this Section is a Class A misdemeanor. Violation of an 23 order of protection under subsection (a) of this Section is a 24 Class 4 felony if the defendant has any prior conviction 25 under this Code for domestic battery (Section 12-3.2) or 26 violation of an order of protection (Section 12-30). 27 Violation of an order of protection is a Class 4 felony if 28 the defendant has any prior conviction under this Code for 29 aggravated battery (Section 12-4), stalking (Section 12-7.3), 30 aggravated stalking (Section 12-7.4), unlawful restraint 31 (Section 10-3), or aggravated unlawful restraint (Section 32 10-3.1), when any of these offenses have been committed 33 against a family or household member as defined in Section 34 112A-3 of the Code of Criminal Procedure of 1963. The court HB1759 Enrolled -4- LRB9105511RCks 1 shall impose a minimum penalty of 24 hours imprisonment for 2 defendant's second or subsequent violation of any order of 3 protection; unless the court explicitly finds that an 4 increased penalty or such period of imprisonment would be 5 manifestly unjust. In addition to any other penalties, the 6 court may order the defendant to pay a fine as authorized 7 under Section 5-9-1 of the Unified Code of Corrections or to 8 make restitution to the victim under Section 5-5-6 of the 9 Unified Code of Corrections. In addition to any other 10 penalties, including those imposed by Section 5-9-1.5 of the 11 Unified Code of Corrections, the court shall impose an 12 additional fine of $20 as authorized by Section 5-9-1.11 of 13 the Unified Code of Corrections upon any person convicted of 14 or placed on supervision for a violation of this Section. 15 The additional fine shall be imposed for each violation of 16 this Section. 17 (e) The limitations placed on law enforcement liability 18 by Section 305 of the Illinois Domestic Violence Act of 1986 19 apply to actions taken under this Section. 20 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98; 21 90-734, eff. 1-1-99; revised 9-21-98.) 22 Section 99. Effective date. This Act takes effect 23 October 1, 1999.