Bill Text: IL HB3408 | 2011-2012 | 97th General Assembly | Engrossed
Bill Title: Amends the Criminal Code of 1961. Creates the offense of providing false information to a law enforcement officer attempting to serve a protective order. Provides that a person commits the offense when he or she makes a false or misleading statement to a law enforcement officer attempting to serve a protective order and the person: (1) knows that the statement is false or misleading and (2) has the intent to mislead the officer as to the identity of the person, the whereabouts of the person, or the residence of the person the officer is attempting to serve, or to otherwise thwart the service of a protective order. Provides that a violation is a Class B misdemeanor for which the court, in addition to any other penalty, may impose a fine not to exceed $500. Effective immediately.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3408 Detail]
Download: Illinois-2011-HB3408-Engrossed.html
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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
| 5 | Section 32-15 as follows:
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| 6 | (720 ILCS 5/32-15 new) | ||||||
| 7 | Sec. 32-15. Providing false information to a law | ||||||
| 8 | enforcement officer attempting to serve a protective order. | ||||||
| 9 | (a) For the purposes of this Section: | ||||||
| 10 | "Law enforcement officer" means any peace officer, and | ||||||
| 11 | includes a deputy sheriff, municipal police
officer, | ||||||
| 12 | probation officer, or parole agent while acting in his or | ||||||
| 13 | her official capacity. | ||||||
| 14 | "Protective order" means a temporary restraining | ||||||
| 15 | order, protective order, preliminary
injunction, permanent | ||||||
| 16 | injunction, or court-approved consent agreement resulting
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| 17 | from actions brought pursuant to a criminal procedure, or | ||||||
| 18 | as part of a disposition,
sentence, or bail, or a condition | ||||||
| 19 | of a criminal matter when such order is issued for the
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| 20 | purpose of preventing violent or threatening acts or | ||||||
| 21 | harassment against, contact or
communication with, or | ||||||
| 22 | physical proximity to, another person to prevent domestic
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| 23 | abuse or dating violence. | ||||||
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| 1 | (b) A person commits providing false information to a law | ||||||
| 2 | enforcement officer attempting to serve a protective order when | ||||||
| 3 | he or she makes a false or misleading statement to
a law | ||||||
| 4 | enforcement officer attempting to serve a protective order and | ||||||
| 5 | the person: | ||||||
| 6 | (1) knows that the statement is false or misleading; | ||||||
| 7 | and | ||||||
| 8 | (2) has the intent to mislead the officer as to the | ||||||
| 9 | identity of the person, the
whereabouts of the person, or | ||||||
| 10 | the residence of the person the officer is
attempting to | ||||||
| 11 | serve, or to otherwise thwart the service of a protective | ||||||
| 12 | order. | ||||||
| 13 | (c) Sentence. A person who commits providing false | ||||||
| 14 | information to a law enforcement officer attempting to serve a | ||||||
| 15 | protective order is guilty of a Class B misdemeanor for which | ||||||
| 16 | the court, in addition to any other penalty, may impose a fine | ||||||
| 17 | not to exceed $500.
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.
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