Bill Amendment: IL SB0964 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2025-01-07 - Session Sine Die [SB0964 Detail]

Download: Illinois-2023-SB0964-Senate_Amendment_001.html

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Sen. Steve McClure

Filed: 4/10/2024

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AMENDMENT TO SENATE BILL 964
AMENDMENT NO. ______. Amend Senate Bill 964 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 12-3.4 as follows:
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986,

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(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14) or (14.5) of subsection (b) of Section 214 of
the Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the
laws of another state, tribe or United States
territory,
(iii) any other remedy when the act constitutes a
crime against the protected parties as the term
protected parties is defined in Section 112A-4 of the
Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to
the Illinois Domestic Violence Act of 1986 or any
substantially similar statute of another state, tribe or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity

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to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
(b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986
apply to actions taken under this Section.
(d) Violation of an order of protection is a Class 4 felony
A misdemeanor. Violation of an order of protection is a Class 3
4 felony if the defendant has any prior conviction under this
Code for domestic battery (Section 12-3.2) or violation of an
order of protection (Section 12-3.4 or 12-30) or any prior
conviction under the law of another jurisdiction for an
offense that could be charged in this State as a domestic
battery or violation of an order of protection. Violation of
an order of protection is a Class 3 4 felony if the defendant
has any prior conviction under this Code for first degree
murder (Section 9-1), attempt to commit first degree murder
(Section 8-4), aggravated domestic battery (Section 12-3.3),
aggravated battery (Section 12-3.05 or 12-4), heinous battery
(Section 12-4.1), aggravated battery with a firearm (Section
12-4.2), aggravated battery with a machine gun or a firearm
equipped with a silencer (Section 12-4.2-5), aggravated
battery of a child (Section 12-4.3), aggravated battery of an

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unborn child (subsection (a-5) of Section 12-3.1, or Section
12-4.4), aggravated battery of a senior citizen (Section
12-4.6), stalking (Section 12-7.3), aggravated stalking
(Section 12-7.4), criminal sexual assault (Section 11-1.20 or
12-13), aggravated criminal sexual assault (Section 11-1.30 or
12-14), kidnapping (Section 10-1), aggravated kidnapping
(Section 10-2), predatory criminal sexual assault of a child
(Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse
(Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated
arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this
State that is substantially similar to any listed offense, or
any prior conviction under the law of another jurisdiction for
an offense that could be charged in this State as one of the
offenses listed in this Section, when any of these offenses
have been committed against a family or household member as
defined in Section 112A-3 of the Code of Criminal Procedure of
1963. The court shall impose a minimum penalty of 24 hours
imprisonment for defendant's second or subsequent violation of
any order of protection; unless the court explicitly finds
that an increased penalty or such period of imprisonment would
be manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized under
Section 5-9-1 of the Unified Code of Corrections or to make
restitution to the victim under Section 5-5-6 of the Unified

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Code of Corrections.
(e) (Blank).
(f) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 100-987, eff. 7-1-19.)