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IL HB4636

Bill

Status

Passed

8/10/2012

Primary Sponsor

Emily McAsey

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Criminal Law4/17/2012
Assignments3/7/2012
Judiciary II - Criminal Law2/7/2012
Rules2/1/2012

Full Bill Text

No bill text available