Bill Amendment: IL SB0964 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2024-04-18 - Added as Co-Sponsor Sen. Seth Lewis [SB0964 Detail]
Download: Illinois-2023-SB0964-Senate_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2024-04-18 - Added as Co-Sponsor Sen. Seth Lewis [SB0964 Detail]
Download: Illinois-2023-SB0964-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 964 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 964 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 12-3.4 as follows:
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6 | (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30) | ||||||
7 | Sec. 12-3.4. Violation of an order of protection. | ||||||
8 | (a) A person commits violation of an order of protection | ||||||
9 | if: | ||||||
10 | (1) He or she knowingly commits an act which was | ||||||
11 | prohibited by a court or fails to commit an act which was | ||||||
12 | ordered by a court in violation of: | ||||||
13 | (i) a remedy in a valid order of protection | ||||||
14 | authorized under paragraphs (1), (2), (3), (14), or | ||||||
15 | (14.5) of subsection (b) of Section 214 of the | ||||||
16 | Illinois Domestic Violence Act of 1986, |
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1 | (ii) a remedy, which is substantially similar to | ||||||
2 | the remedies authorized under paragraphs (1), (2), | ||||||
3 | (3), (14) or (14.5) of subsection (b) of Section 214 of | ||||||
4 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
5 | order of protection, which is authorized under the | ||||||
6 | laws of another state, tribe or United States | ||||||
7 | territory, | ||||||
8 | (iii) any other remedy when the act constitutes a | ||||||
9 | crime against the protected parties as the term | ||||||
10 | protected parties is defined in Section 112A-4 of the | ||||||
11 | Code of Criminal Procedure of 1963; and | ||||||
12 | (2) Such violation occurs after the offender has been | ||||||
13 | served notice of the contents of the order, pursuant to | ||||||
14 | the Illinois Domestic Violence Act of 1986 or any | ||||||
15 | substantially similar statute of another state, tribe or | ||||||
16 | United States territory, or otherwise has acquired actual | ||||||
17 | knowledge of the contents of the order. | ||||||
18 | An order of protection issued by a state, tribal or | ||||||
19 | territorial court related to domestic or family violence shall | ||||||
20 | be deemed valid if the issuing court had jurisdiction over the | ||||||
21 | parties and matter under the law of the state, tribe or | ||||||
22 | territory. There shall be a presumption of validity where an | ||||||
23 | order is certified and appears authentic on its face. For | ||||||
24 | purposes of this Section, an "order of protection" may have | ||||||
25 | been issued in a criminal or civil proceeding. | ||||||
26 | (a-5) Failure to provide reasonable notice and opportunity |
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1 | to be heard shall be an affirmative defense to any charge or | ||||||
2 | process filed seeking enforcement of a foreign order of | ||||||
3 | protection. | ||||||
4 | (b) Nothing in this Section shall be construed to diminish | ||||||
5 | the inherent authority of the courts to enforce their lawful | ||||||
6 | orders through civil or criminal contempt proceedings. | ||||||
7 | (c) The limitations placed on law enforcement liability by | ||||||
8 | Section 305 of the Illinois Domestic Violence Act of 1986 | ||||||
9 | apply to actions taken under this Section. | ||||||
10 | (d) Violation of an order of protection is a Class 4 felony | ||||||
11 | A misdemeanor . Violation of an order of protection is a Class 3 | ||||||
12 | 4 felony if the defendant has any prior conviction under this | ||||||
13 | Code for domestic battery (Section 12-3.2) or violation of an | ||||||
14 | order of protection (Section 12-3.4 or 12-30) or any prior | ||||||
15 | conviction under the law of another jurisdiction for an | ||||||
16 | offense that could be charged in this State as a domestic | ||||||
17 | battery or violation of an order of protection. Violation of | ||||||
18 | an order of protection is a Class 3 4 felony if the defendant | ||||||
19 | has any prior conviction under this Code for first degree | ||||||
20 | murder (Section 9-1), attempt to commit first degree murder | ||||||
21 | (Section 8-4), aggravated domestic battery (Section 12-3.3), | ||||||
22 | aggravated battery (Section 12-3.05 or 12-4), heinous battery | ||||||
23 | (Section 12-4.1), aggravated battery with a firearm (Section | ||||||
24 | 12-4.2), aggravated battery with a machine gun or a firearm | ||||||
25 | equipped with a silencer (Section 12-4.2-5), aggravated | ||||||
26 | battery of a child (Section 12-4.3), aggravated battery of an |
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1 | unborn child (subsection (a-5) of Section 12-3.1, or Section | ||||||
2 | 12-4.4), aggravated battery of a senior citizen (Section | ||||||
3 | 12-4.6), stalking (Section 12-7.3), aggravated stalking | ||||||
4 | (Section 12-7.4), criminal sexual assault (Section 11-1.20 or | ||||||
5 | 12-13), aggravated criminal sexual assault (Section 11-1.30 or | ||||||
6 | 12-14), kidnapping (Section 10-1), aggravated kidnapping | ||||||
7 | (Section 10-2), predatory criminal sexual assault of a child | ||||||
8 | (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse | ||||||
9 | (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3), | ||||||
10 | aggravated unlawful restraint (Section 10-3.1), aggravated | ||||||
11 | arson (Section 20-1.1), aggravated discharge of a firearm | ||||||
12 | (Section 24-1.2), or a violation of any former law of this | ||||||
13 | State that is substantially similar to any listed offense, or | ||||||
14 | any prior conviction under the law of another jurisdiction for | ||||||
15 | an offense that could be charged in this State as one of the | ||||||
16 | offenses listed in this Section, when any of these offenses | ||||||
17 | have been committed against a family or household member as | ||||||
18 | defined in Section 112A-3 of the Code of Criminal Procedure of | ||||||
19 | 1963. The court shall impose a minimum penalty of 24 hours | ||||||
20 | imprisonment for defendant's second or subsequent violation of | ||||||
21 | any order of protection; unless the court explicitly finds | ||||||
22 | that an increased penalty or such period of imprisonment would | ||||||
23 | be manifestly unjust. In addition to any other penalties, the | ||||||
24 | court may order the defendant to pay a fine as authorized under | ||||||
25 | Section 5-9-1 of the Unified Code of Corrections or to make | ||||||
26 | restitution to the victim under Section 5-5-6 of the Unified |
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1 | Code of Corrections. | ||||||
2 | (e) (Blank). | ||||||
3 | (f) A defendant who directed the actions of a third party | ||||||
4 | to violate this Section, under the principles of | ||||||
5 | accountability set forth in Article 5 of this Code, is guilty | ||||||
6 | of violating this Section as if the same had been personally | ||||||
7 | done by the defendant, without regard to the mental state of | ||||||
8 | the third party acting at the direction of the defendant. | ||||||
9 | (Source: P.A. 100-987, eff. 7-1-19 .)
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