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91_HB1759sam001
LRB9105511RCksam
1 AMENDMENT TO HOUSE BILL 1759
2 AMENDMENT NO. . Amend House Bill 1759 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 12-3.2 and 12-30 as follows:
6 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
7 Sec. 12-3.2. Domestic Battery.
8 (a) A person commits domestic battery if he
9 intentionally or knowingly without legal justification by any
10 means:
11 (1) Causes bodily harm to any family or household
12 member as defined in subsection (3) of Section 112A-3 of
13 the Code of Criminal Procedure of 1963, as amended;
14 (2) Makes physical contact of an insulting or
15 provoking nature with any family or household member as
16 defined in subsection (3) of Section 112A-3 of the Code
17 of Criminal Procedure of 1963, as amended.
18 (b) Sentence. Domestic battery is a Class A
19 Misdemeanor. Domestic battery is a Class 4 felony if the
20 defendant has any prior conviction under this Code for
21 domestic battery (Section 12-3.2) or violation of an order of
22 protection (Section 12-30). Domestic battery is a Class 4
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1 felony if the defendant has any prior conviction under this
2 Code for aggravated battery (Section 12-4), stalking (Section
3 12-7.3), aggravated stalking (Section 12-7.4), unlawful
4 restraint (Section 10-3), or aggravated unlawful restraint
5 (Section 10-3.1), when any of these offenses have been
6 committed against a family or household member as defined in
7 Section 112A-3 of the Code of Criminal Procedure of 1963. In
8 addition to any other sentencing alternatives, for any second
9 conviction of violating this Section within 5 years of a
10 previous conviction for violating this Section, the offender
11 shall be mandatorily sentenced to a minimum of 48 consecutive
12 hours of imprisonment. The imprisonment shall not be subject
13 to suspension, nor shall the person be eligible for probation
14 in order to reduce the sentence.
15 (Source: P.A. 90-734, eff. 1-1-99.)
16 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
17 Sec. 12-30. Violation of an order of protection.
18 (a) A person commits violation of an order of protection
19 if:
20 (1) He or she commits an act which was prohibited
21 by a court or fails to commit an act which was ordered by
22 a court in violation of:
23 (i) a remedy in a valid order of protection
24 authorized under paragraphs (1), (2), (3), (14), or
25 (14.5) of subsection (b) of Section 214 of the
26 Illinois Domestic Violence Act of 1986,
27 (ii) a remedy, which is substantially similar
28 to the remedies authorized under paragraphs (1),
29 (2), (3), (14) or (14.5) of subsection (b) of
30 Section 214 of the Illinois Domestic Violence Act of
31 1986, in a valid order of protection, which is
32 authorized under the laws of another state, tribe or
33 United States territory,
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1 (iii) any other remedy when the act
2 constitutes a crime against the protected parties as
3 the term protected parties is defined in Section
4 112A-4 of the Code of Criminal Procedure of 1963;
5 and
6 (2) Such violation occurs after the offender has
7 been served notice of the contents of the order, pursuant
8 to the Illinois Domestic Violence Act of 1986 or any
9 substantially similar statute of another state, tribe or
10 United States territory, or otherwise has acquired actual
11 knowledge of the contents of the order.
12 An order of protection issued by a state, tribal or
13 territorial court related to domestic or family violence
14 shall be deemed valid if the issuing court had jurisdiction
15 over the parties and matter under the law of the state, tribe
16 or territory. There shall be a presumption of validity where
17 an order is certified and appears authentic on its face.
18 (a-5) Failure to provide reasonable notice and
19 opportunity to be heard shall be an affirmative defense to
20 any charge or process filed seeking enforcement of a foreign
21 order of protection.
22 (b) For purposes of this Section, an "order of
23 protection" may have been issued in a criminal or civil
24 proceeding.
25 (c) Nothing in this Section shall be construed to
26 diminish the inherent authority of the courts to enforce
27 their lawful orders through civil or criminal contempt
28 proceedings.
29 (d) Violation of an order of protection under subsection
30 (a) of this Section is a Class A misdemeanor. Violation of an
31 order of protection under subsection (a) of this Section is a
32 Class 4 felony if the defendant has any prior conviction
33 under this Code for domestic battery (Section 12-3.2) or
34 violation of an order of protection (Section 12-30).
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1 Violation of an order of protection is a Class 4 felony if
2 the defendant has any prior conviction under this Code for
3 aggravated battery (Section 12-4), stalking (Section 12-7.3),
4 aggravated stalking (Section 12-7.4), unlawful restraint
5 (Section 10-3), or aggravated unlawful restraint (Section
6 10-3.1), when any of these offenses have been committed
7 against a family or household member as defined in Section
8 112A-3 of the Code of Criminal Procedure of 1963. The court
9 shall impose a minimum penalty of 24 hours imprisonment for
10 defendant's second or subsequent violation of any order of
11 protection; unless the court explicitly finds that an
12 increased penalty or such period of imprisonment would be
13 manifestly unjust. In addition to any other penalties, the
14 court may order the defendant to pay a fine as authorized
15 under Section 5-9-1 of the Unified Code of Corrections or to
16 make restitution to the victim under Section 5-5-6 of the
17 Unified Code of Corrections. In addition to any other
18 penalties, including those imposed by Section 5-9-1.5 of the
19 Unified Code of Corrections, the court shall impose an
20 additional fine of $20 as authorized by Section 5-9-1.11 of
21 the Unified Code of Corrections upon any person convicted of
22 or placed on supervision for a violation of this Section.
23 The additional fine shall be imposed for each violation of
24 this Section.
25 (e) The limitations placed on law enforcement liability
26 by Section 305 of the Illinois Domestic Violence Act of 1986
27 apply to actions taken under this Section.
28 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98;
29 90-734, eff. 1-1-99; revised 9-21-98.)
30 Section 99. Effective date. This Act takes effect
31 October 1, 1999.".