Bill Text: IL SB3328 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-15 - Chief Sponsor Changed to Sen. Seth Lewis [SB3328 Detail]

Download: Illinois-2023-SB3328-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3328 Introduced 2/7/2024, by Sen. John F. Curran SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
720 ILCS 5/12-3.8
720 ILCS 5/12-3.9
Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.
LRB103 36455 RLC 66558 b
A BILL FOR
SB3328 LRB103 36455 RLC 66558 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 12-3.4, 12-3.8, and 12-3.9 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,
(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,

SB3328 - 2 - LRB103 36455 RLC 66558 b
(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
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

SB3328 - 3 - LRB103 36455 RLC 66558 b
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 A
misdemeanor. Violation of an order of protection is a Class 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), violation of a
civil no contact order (Section 12-3.8), violation of a
stalking no contact order (Section 12-3.9), 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 a
civil no contact order, or violation of a stalking no contact
order. Violation of an order of protection is a Class 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 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

SB3328 - 4 - LRB103 36455 RLC 66558 b
(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
Code of Corrections.
(e) (Blank).
(f) A defendant who directed the actions of a third party

SB3328 - 5 - LRB103 36455 RLC 66558 b
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.)
(720 ILCS 5/12-3.8)
Sec. 12-3.8. Violation of a civil no contact order.
(a) A person commits violation of a civil no contact order
if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered in violation of:
(A) a remedy of a valid civil no contact order
authorized under Section 213 of the Civil No Contact
Order Act or Section 112A-14.5 of the Code of Criminal
Procedure of 1963; or
(B) a remedy, which is substantially similar to
the remedies authorized under Section 213 of the Civil
No Contact Order Act or Section 112A-14.5 of the Code
of Criminal Procedure of 1963, or in a valid civil no
contact order, which is authorized under the laws of
another state, tribe, or United States territory; and
(2) the violation occurs after the offender has been
served notice of the contents of the order under the Civil

SB3328 - 6 - LRB103 36455 RLC 66558 b
No Contact Order Act, Article 112A of the Code of Criminal
Procedure of 1963, 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.
A civil no contact order issued by a state, tribal, or
territorial court 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 when an order is certified and appears authentic
on its face.
(a-3) For purposes of this Section, a "civil no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign civil no
contact order.
(b) Prosecution for a violation of a civil no contact
order shall not bar a concurrent prosecution for any other
crime, including any crime that may have been committed at the
time of the violation of the civil no contact order.
(c) 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.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of

SB3328 - 7 - LRB103 36455 RLC 66558 b
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.
(e) Sentence. A violation of a civil no contact order is a
Class A misdemeanor. Violation of a civil no contact order is a
Class 4 felony if the defendant has any prior conviction under
this Code for a violation of an order of protection, violation
of a civil no contact order, or violation of a stalking no
contact order, (Section 12-3.4, 12-3.8, 12-3.9, 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 violation
of an order of protection, violation of a civil no contact
order, or violation of a stalking no contact order for a first
violation, and a Class 4 felony for a second or subsequent
violation.
(Source: P.A. 100-199, eff. 1-1-18.)
(720 ILCS 5/12-3.9)
Sec. 12-3.9. Violation of a stalking no contact order.
(a) A person commits violation of a stalking no contact
order 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:
(A) a remedy in a valid stalking no contact order

SB3328 - 8 - LRB103 36455 RLC 66558 b
of protection authorized under Section 80 of the
Stalking No Contact Order Act or Section 112A-14.7 of
the Code of Criminal Procedure of 1963; or
(B) a remedy, which is substantially similar to
the remedies authorized under Section 80 of the
Stalking No Contact Order Act or Section 112A-14.7 of
the Code of Criminal Procedure of 1963, or in a valid
stalking no contact order, which is authorized under
the laws of another state, tribe, or United States
territory; and
(2) the violation occurs after the offender has been
served notice of the contents of the order, under the
Stalking No Contact Order Act, Article 112A of the Code of
Criminal Procedure of 1963, 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.
A stalking no contact order issued by a state, tribal, or
territorial court 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 when an order is certified and appears authentic
on its face.
(a-3) For purposes of this Section, a "stalking no contact
order" may have been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity

SB3328 - 9 - LRB103 36455 RLC 66558 b
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign stalking no
contact order.
(b) Prosecution for a violation of a stalking no contact
order shall not bar a concurrent prosecution for any other
crime, including any crime that may have been committed at the
time of the violation of the civil no contact order.
(c) 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.
(d) 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.
(e) Sentence. A violation of a stalking no contact order
is a Class A misdemeanor. Violation of a stalking no contact is
a Class 4 felony if the defendant has any prior conviction
under this Code for a
violation of an order of protection,
violation of a stalking no contact order, or violation of a
civil no contact order (Section 12-3.4, 12-3.8, 12-3.9, 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 violation of an order of protection, violation of a
civil no contact order, or violation of a stalking no contact

SB3328 - 10 - LRB103 36455 RLC 66558 b