[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 003 ] |
92_HB5002eng HB5002 Engrossed LRB9214443RCsb 1 AN ACT in relation to 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 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 34felony 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 23 felony if the defendant has any prior conviction under this 24 Code for aggravated battery (Section 12-4), stalking (Section 25 12-7.3), aggravated stalking (Section 12-7.4), unlawful 26 restraint (Section 10-3), or aggravated unlawful restraint 27 (Section 10-3.1), when any of these offenses have been 28 committed against a family or household member as defined in 29 Section 112A-3 of the Code of Criminal Procedure of 1963. In 30 addition to any other sentencing alternatives, for any first 31 or subsequentsecondconviction of violating this Section HB5002 Engrossed -2- LRB9214443RCsb 1 within 5 years of a previous conviction for violating this 2 Section, the offender shall be mandatorily sentenced to a 3 minimum of 48 consecutive hours of imprisonment. The 4 imprisonment shall not be subject to suspension, nor shall 5 the person be eligible for probation in order to reduce the 6 sentence. 7 (c) Domestic battery committed in the presence of a 8 child. In addition to any other sentencing alternatives, a 9 defendant who commits, in the presence of a child, a felony 10 domestic battery (enhanced under subsection (b)), aggravated 11 domestic battery (Section 12-3.3), aggravated battery 12 (Section 12-4), unlawful restraint (Section 10-3), or 13 aggravated unlawful restraint (Section 10-3.1) against a 14 family or household member, as defined in Section 112A-3 of 15 the Code of Criminal Procedure of 1963, shall be required to 16 serve a mandatory minimum imprisonment of 10 days or perform 17 300 hours of community service, or both. The defendant shall 18 further be liable for the cost of any counseling required for 19 the child at the discretion of the court in accordance with 20 subsection (b) of Section 5-5-6 of the Unified Code of 21 Corrections. For purposes of this Section, "child" means a 22 person under 16 years of age who is the defendant's or 23 victim's child or step-child or who is a minor child residing 24 within the household of the defendant or victim. For 25 purposes of this Section, "in the presence of a child" means 26 in the physical presence of a child or knowing or having 27 reason to know that a child is present and may see or hear an 28 act constituting one of the offenses listed in this 29 subsection. 30 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00; 31 91-928, eff. 6-1-01; 92-16, eff. 6-28-01.) 32 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 33 Sec. 12-30. Violation of an order of protection. HB5002 Engrossed -3- LRB9214443RCsb 1 (a) A person commits violation of an order of protection 2 if: 3 (1) He or she commits an act which was prohibited 4 by a court or fails to commit an act which was ordered by 5 a court in violation of: 6 (i) a remedy in a valid order of protection 7 authorized under paragraphs (1), (2), (3), (14), or 8 (14.5) of subsection (b) of Section 214 of the 9 Illinois Domestic Violence Act of 1986, 10 (ii) a remedy, which is substantially similar 11 to the remedies authorized under paragraphs (1), 12 (2), (3), (14) or (14.5) of subsection (b) of 13 Section 214 of the Illinois Domestic Violence Act of 14 1986, in a valid order of protection, which is 15 authorized under the laws of another state, tribe or 16 United States territory, 17 (iii) any other remedy when the act 18 constitutes a crime against the protected parties as 19 the term protected parties is defined in Section 20 112A-4 of the Code of Criminal Procedure of 1963; 21 and 22 (2) Such violation occurs after the offender has 23 been served notice of the contents of the order, pursuant 24 to the Illinois Domestic Violence Act of 1986 or any 25 substantially similar statute of another state, tribe or 26 United States territory, or otherwise has acquired actual 27 knowledge of the contents of the order. 28 An order of protection issued by a state, tribal or 29 territorial court related to domestic or family violence 30 shall be deemed valid if the issuing court had jurisdiction 31 over the parties and matter under the law of the state, tribe 32 or territory. There shall be a presumption of validity where 33 an order is certified and appears authentic on its face. 34 (a-5) Failure to provide reasonable notice and HB5002 Engrossed -4- LRB9214443RCsb 1 opportunity to be heard shall be an affirmative defense to 2 any charge or process filed seeking enforcement of a foreign 3 order of protection. 4 (b) For purposes of this Section, an "order of 5 protection" may have been issued in a criminal or civil 6 proceeding. 7 (c) Nothing in this Section shall be construed to 8 diminish the inherent authority of the courts to enforce 9 their lawful orders through civil or criminal contempt 10 proceedings. 11 (d) Violation of an order of protection under subsection 12 (a) of this Section is a Class A misdemeanor. Violation of an 13 order of protection under subsection (a) of this Section is a 14 Class 34felony if the defendant has any prior conviction 15 under this Code for domestic battery (Section 12-3.2) or 16 violation of an order of protection (Section 12-30). 17 Violation of an order of protection is a Class 4 felony if 18 the defendant has any prior conviction under this Code for 19 aggravated battery (Section 12-4), stalking (Section 12-7.3), 20 aggravated stalking (Section 12-7.4), unlawful restraint 21 (Section 10-3), or aggravated unlawful restraint (Section 22 10-3.1), when any of these offenses have been committed 23 against a family or household member as defined in Section 24 112A-3 of the Code of Criminal Procedure of 1963. The court 25 shall impose a minimum penalty of 24 hours imprisonment for 26 defendant's firstsecondor subsequent violation of any order 27 of protection; unless the court explicitly finds that an 28 increased penalty or such period of imprisonment would be 29 manifestly unjust. In addition to any other penalties, the 30 court may order the defendant to pay a fine as authorized 31 under Section 5-9-1 of the Unified Code of Corrections or to 32 make restitution to the victim under Section 5-5-6 of the 33 Unified Code of Corrections. In addition to any other 34 penalties, including those imposed by Section 5-9-1.5 of the HB5002 Engrossed -5- LRB9214443RCsb 1 Unified Code of Corrections, the court shall impose an 2 additional fine of $20 as authorized by Section 5-9-1.11 of 3 the Unified Code of Corrections upon any person convicted of 4 or placed on supervision for a violation of this Section. 5 The additional fine shall be imposed for each violation of 6 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; 91-112, eff. 10-1-99; 91-357, eff. 12 7-29-99.)