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IL HB4636
Bill
Status
8/10/2012
Primary Sponsor
Emily McAsey
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AI Summary
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Amends Section 12-3.4 of the Criminal Code to define violation of an order of protection as knowingly committing a prohibited act or failing to commit an ordered act in violation of a valid protective order from Illinois or another state, tribe, or U.S. territory.
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Establishes that violation of an order of protection is a Class A misdemeanor, and elevates to a Class 4 felony if the defendant has any prior conviction for domestic battery, violation of an order of protection, or a substantially similar offense under another jurisdiction's law.
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Makes violation a Class 4 felony if the defendant has prior convictions for serious offenses including murder, aggravated battery, sexual assault, stalking, kidnapping, or aggravated arson committed against a family or household member.
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Requires courts to impose a minimum of 24 hours imprisonment for second or subsequent violations unless the court finds an increased penalty would be manifestly unjust, and mandates an additional $20 fine for each violation.
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Holds defendants liable for violations committed by third parties acting under the defendant's direction, regardless of the third party's mental state, and recognizes protective orders from other jurisdictions as valid if the issuing court had proper jurisdiction.
Legislative Description
CRIM CD-ORDER OF PROTECTION
Last Action
Public Act . . . . . . . . . 97-0919
8/10/2012