IL
Illinois House Bill HB5102

Illinois 2023-2024 Regular Session

Illinois House Bill HB5102 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5102 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.8720 ILCS 5/12-3.9740 ILCS 21/125740 ILCS 22/219 Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Removes language providing that a knowing violation of a stalking no contact order or civil no contact order is a Class A misdemeanor, and a second or subsequent violation of such orders is a Class 4 felony. Provides instead that: (1) violation of a stalking no contact order or civil no contact order is a Class A misdemeanor; (2) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of domestic battery or violation of an order of protection or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as domestic battery or violation of an order of protection; and (3) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of attempt, first degree murder, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, aggravated battery, aggravated domestic battery, stalking, aggravated stalking, aggravated arson, aggravated discharge of a firearm, or aggravated battery of an unborn child, of a violation of any former law of the State that is substantially similar to any such listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as one of such offenses, when any of these offenses have been committed against a family or household member. Provides that the court shall impose a minimum penalty of 24 hours imprisonment for the respondent's second or subsequent violation of any stalking no contact order or civil no contact order, unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. Provides that in addition to any other penalties, the court may order the respondent to pay a fine or to make restitution to the victim under the Unified Code of Corrections. Makes same changes to the Criminal Code of 2012. LRB103 37593 JRC 67719 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5102 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.8720 ILCS 5/12-3.9740 ILCS 21/125740 ILCS 22/219 720 ILCS 5/12-3.8 720 ILCS 5/12-3.9 740 ILCS 21/125 740 ILCS 22/219 Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Removes language providing that a knowing violation of a stalking no contact order or civil no contact order is a Class A misdemeanor, and a second or subsequent violation of such orders is a Class 4 felony. Provides instead that: (1) violation of a stalking no contact order or civil no contact order is a Class A misdemeanor; (2) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of domestic battery or violation of an order of protection or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as domestic battery or violation of an order of protection; and (3) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of attempt, first degree murder, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, aggravated battery, aggravated domestic battery, stalking, aggravated stalking, aggravated arson, aggravated discharge of a firearm, or aggravated battery of an unborn child, of a violation of any former law of the State that is substantially similar to any such listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as one of such offenses, when any of these offenses have been committed against a family or household member. Provides that the court shall impose a minimum penalty of 24 hours imprisonment for the respondent's second or subsequent violation of any stalking no contact order or civil no contact order, unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. Provides that in addition to any other penalties, the court may order the respondent to pay a fine or to make restitution to the victim under the Unified Code of Corrections. Makes same changes to the Criminal Code of 2012. LRB103 37593 JRC 67719 b LRB103 37593 JRC 67719 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5102 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/12-3.8720 ILCS 5/12-3.9740 ILCS 21/125740 ILCS 22/219 720 ILCS 5/12-3.8 720 ILCS 5/12-3.9 740 ILCS 21/125 740 ILCS 22/219
44 720 ILCS 5/12-3.8
55 720 ILCS 5/12-3.9
66 740 ILCS 21/125
77 740 ILCS 22/219
88 Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Removes language providing that a knowing violation of a stalking no contact order or civil no contact order is a Class A misdemeanor, and a second or subsequent violation of such orders is a Class 4 felony. Provides instead that: (1) violation of a stalking no contact order or civil no contact order is a Class A misdemeanor; (2) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of domestic battery or violation of an order of protection or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as domestic battery or violation of an order of protection; and (3) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of attempt, first degree murder, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, aggravated battery, aggravated domestic battery, stalking, aggravated stalking, aggravated arson, aggravated discharge of a firearm, or aggravated battery of an unborn child, of a violation of any former law of the State that is substantially similar to any such listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as one of such offenses, when any of these offenses have been committed against a family or household member. Provides that the court shall impose a minimum penalty of 24 hours imprisonment for the respondent's second or subsequent violation of any stalking no contact order or civil no contact order, unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. Provides that in addition to any other penalties, the court may order the respondent to pay a fine or to make restitution to the victim under the Unified Code of Corrections. Makes same changes to the Criminal Code of 2012.
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1414 1 AN ACT concerning domestic violence.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Criminal Code of 2012 is amended by
1818 5 changing Sections 12-3.8 and 12-3.9 as follows:
1919 6 (720 ILCS 5/12-3.8)
2020 7 Sec. 12-3.8. Violation of a civil no contact order.
2121 8 (a) A person commits violation of a civil no contact order
2222 9 if:
2323 10 (1) he or she knowingly commits an act which was
2424 11 prohibited by a court or fails to commit an act which was
2525 12 ordered in violation of:
2626 13 (A) a remedy of a valid civil no contact order
2727 14 authorized under Section 213 of the Civil No Contact
2828 15 Order Act or Section 112A-14.5 of the Code of Criminal
2929 16 Procedure of 1963; or
3030 17 (B) a remedy, which is substantially similar to
3131 18 the remedies authorized under Section 213 of the Civil
3232 19 No Contact Order Act or Section 112A-14.5 of the Code
3333 20 of Criminal Procedure of 1963, or in a valid civil no
3434 21 contact order, which is authorized under the laws of
3535 22 another state, tribe, or United States territory; and
3636 23 (2) the violation occurs after the offender has been
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5102 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
4141 720 ILCS 5/12-3.8720 ILCS 5/12-3.9740 ILCS 21/125740 ILCS 22/219 720 ILCS 5/12-3.8 720 ILCS 5/12-3.9 740 ILCS 21/125 740 ILCS 22/219
4242 720 ILCS 5/12-3.8
4343 720 ILCS 5/12-3.9
4444 740 ILCS 21/125
4545 740 ILCS 22/219
4646 Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Removes language providing that a knowing violation of a stalking no contact order or civil no contact order is a Class A misdemeanor, and a second or subsequent violation of such orders is a Class 4 felony. Provides instead that: (1) violation of a stalking no contact order or civil no contact order is a Class A misdemeanor; (2) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of domestic battery or violation of an order of protection or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as domestic battery or violation of an order of protection; and (3) violation of a stalking no contact order or civil no contact order is a Class 4 felony if the defendant has any prior conviction of attempt, first degree murder, kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, aggravated battery, aggravated domestic battery, stalking, aggravated stalking, aggravated arson, aggravated discharge of a firearm, or aggravated battery of an unborn child, of a violation of any former law of the State that is substantially similar to any such listed offense, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as one of such offenses, when any of these offenses have been committed against a family or household member. Provides that the court shall impose a minimum penalty of 24 hours imprisonment for the respondent's second or subsequent violation of any stalking no contact order or civil no contact order, unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. Provides that in addition to any other penalties, the court may order the respondent to pay a fine or to make restitution to the victim under the Unified Code of Corrections. Makes same changes to the Criminal Code of 2012.
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5858 740 ILCS 22/219
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7777 1 served notice of the contents of the order under the Civil
7878 2 No Contact Order Act, Article 112A of the Code of Criminal
7979 3 Procedure of 1963, or any substantially similar statute of
8080 4 another state, tribe, or United States territory, or
8181 5 otherwise has acquired actual knowledge of the contents of
8282 6 the order.
8383 7 A civil no contact order issued by a state, tribal, or
8484 8 territorial court shall be deemed valid if the issuing court
8585 9 had jurisdiction over the parties and matter under the law of
8686 10 the state, tribe, or territory. There shall be a presumption
8787 11 of validity when an order is certified and appears authentic
8888 12 on its face.
8989 13 (a-3) For purposes of this Section, a "civil no contact
9090 14 order" may have been issued in a criminal or civil proceeding.
9191 15 (a-5) Failure to provide reasonable notice and opportunity
9292 16 to be heard shall be an affirmative defense to any charge or
9393 17 process filed seeking enforcement of a foreign civil no
9494 18 contact order.
9595 19 (b) Prosecution for a violation of a civil no contact
9696 20 order shall not bar a concurrent prosecution for any other
9797 21 crime, including any crime that may have been committed at the
9898 22 time of the violation of the civil no contact order.
9999 23 (c) Nothing in this Section shall be construed to diminish
100100 24 the inherent authority of the courts to enforce their lawful
101101 25 orders through civil or criminal contempt proceedings.
102102 26 (d) A defendant who directed the actions of a third party
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113113 1 to violate this Section, under the principles of
114114 2 accountability set forth in Article 5 of this Code, is guilty
115115 3 of violating this Section as if the same had been personally
116116 4 done by the defendant, without regard to the mental state of
117117 5 the third party acting at the direction of the defendant.
118118 6 (e) Sentence. Violation of a stalking no contact order is
119119 7 a Class A misdemeanor. Violation of a stalking no contact
120120 8 order is a Class 4 felony if the defendant has any prior
121121 9 conviction under Section 12-3.2 or 12-3.4 or any prior
122122 10 conviction under the law of another jurisdiction for an
123123 11 offense that could be charged in this State as domestic
124124 12 battery or violation of an order of protection. Violation of a
125125 13 stalking no contact order is a Class 4 felony if the defendant
126126 14 has any prior conviction under Section 8-4, 9-1, 10-1, 10-2,
127127 15 10-3, 10-3.1, 11-1.20, 11-1.30, 11-1.40, 11-1.60, 12-3.05,
128128 16 12-3.3, 12-7.3, 12-7.4, 20-1.1, or 24-1.2 or subsection (a-5)
129129 17 of Section 12-3.1, of a violation of any former law of this
130130 18 State that is substantially similar to any listed offense, or
131131 19 any prior conviction under the law of another jurisdiction for
132132 20 an offense that could be charged in this State as one of the
133133 21 offenses listed in this Section, when any of these offenses
134134 22 have been committed against a family or household member as
135135 23 defined in Section 112A-3 of the Code of Criminal Procedure of
136136 24 1963. The court shall impose a minimum penalty of 24 hours
137137 25 imprisonment for the respondent's second or subsequent
138138 26 violation of any stalking no contact order, unless the court
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149149 1 explicitly finds that an increased penalty or such period of
150150 2 imprisonment would be manifestly unjust. In addition to any
151151 3 other penalties, the court may order the respondent to pay a
152152 4 fine as authorized under Section 5-9-1 of the Unified Code of
153153 5 Corrections or to make restitution to the victim under Section
154154 6 5-5-6 of the Unified Code of Corrections. A violation of a
155155 7 civil no contact order is a Class A misdemeanor for a first
156156 8 violation, and a Class 4 felony for a second or subsequent
157157 9 violation.
158158 10 (Source: P.A. 100-199, eff. 1-1-18.)
159159 11 (720 ILCS 5/12-3.9)
160160 12 Sec. 12-3.9. Violation of a stalking no contact order.
161161 13 (a) A person commits violation of a stalking no contact
162162 14 order if:
163163 15 (1) he or she knowingly commits an act which was
164164 16 prohibited by a court or fails to commit an act which was
165165 17 ordered by a court in violation of:
166166 18 (A) a remedy in a valid stalking no contact order
167167 19 of protection authorized under Section 80 of the
168168 20 Stalking No Contact Order Act or Section 112A-14.7 of
169169 21 the Code of Criminal Procedure of 1963; or
170170 22 (B) a remedy, which is substantially similar to
171171 23 the remedies authorized under Section 80 of the
172172 24 Stalking No Contact Order Act or Section 112A-14.7 of
173173 25 the Code of Criminal Procedure of 1963, or in a valid
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184184 1 stalking no contact order, which is authorized under
185185 2 the laws of another state, tribe, or United States
186186 3 territory; and
187187 4 (2) the violation occurs after the offender has been
188188 5 served notice of the contents of the order, under the
189189 6 Stalking No Contact Order Act, Article 112A of the Code of
190190 7 Criminal Procedure of 1963, or any substantially similar
191191 8 statute of another state, tribe, or United States
192192 9 territory, or otherwise has acquired actual knowledge of
193193 10 the contents of the order.
194194 11 A stalking no contact order issued by a state, tribal, or
195195 12 territorial court shall be deemed valid if the issuing court
196196 13 had jurisdiction over the parties and matter under the law of
197197 14 the state, tribe, or territory. There shall be a presumption
198198 15 of validity when an order is certified and appears authentic
199199 16 on its face.
200200 17 (a-3) For purposes of this Section, a "stalking no contact
201201 18 order" may have been issued in a criminal or civil proceeding.
202202 19 (a-5) Failure to provide reasonable notice and opportunity
203203 20 to be heard shall be an affirmative defense to any charge or
204204 21 process filed seeking enforcement of a foreign stalking no
205205 22 contact order.
206206 23 (b) Prosecution for a violation of a stalking no contact
207207 24 order shall not bar a concurrent prosecution for any other
208208 25 crime, including any crime that may have been committed at the
209209 26 time of the violation of the civil no contact order.
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220220 1 (c) Nothing in this Section shall be construed to diminish
221221 2 the inherent authority of the courts to enforce their lawful
222222 3 orders through civil or criminal contempt proceedings.
223223 4 (d) A defendant who directed the actions of a third party
224224 5 to violate this Section, under the principles of
225225 6 accountability set forth in Article 5 of this Code, is guilty
226226 7 of violating this Section as if the same had been personally
227227 8 done by the defendant, without regard to the mental state of
228228 9 the third party acting at the direction of the defendant.
229229 10 (e) Sentence. Violation of a stalking no contact order is
230230 11 a Class A misdemeanor. Violation of a stalking no contact
231231 12 order is a Class 4 felony if the defendant has any prior
232232 13 conviction under Section 12-3.2 or 12-3.4 or any prior
233233 14 conviction under the law of another jurisdiction for an
234234 15 offense that could be charged in this State as domestic
235235 16 battery or violation of an order of protection. Violation of a
236236 17 stalking no contact order is a Class 4 felony if the defendant
237237 18 has any prior conviction under Section 8-4, 9-1, 10-1, 10-2,
238238 19 10-3, 10-3.1, 11-1.20, 11-1.30, 11-1.40, 11-1.60, 12-3.05,
239239 20 12-3.3, 12-7.3, 12-7.4, 20-1.1, or 24-1.2 or subsection (a-5)
240240 21 of Section 12-3.1, of a violation of any former law of this
241241 22 State that is substantially similar to any listed offense, or
242242 23 any prior conviction under the law of another jurisdiction for
243243 24 an offense that could be charged in this State as one of the
244244 25 offenses listed in this Section, when any of these offenses
245245 26 have been committed against a family or household member as
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256256 1 defined in Section 112A-3 of the Code of Criminal Procedure of
257257 2 1963. The court shall impose a minimum penalty of 24 hours
258258 3 imprisonment for the respondent's second or subsequent
259259 4 violation of any stalking no contact order, unless the court
260260 5 explicitly finds that an increased penalty or such period of
261261 6 imprisonment would be manifestly unjust. In addition to any
262262 7 other penalties, the court may order the respondent to pay a
263263 8 fine as authorized under Section 5-9-1 of the Unified Code of
264264 9 Corrections or to make restitution to the victim under Section
265265 10 5-5-6 of the Unified Code of Corrections. A violation of a
266266 11 stalking no contact order is a Class A misdemeanor for a first
267267 12 violation, and a Class 4 felony for a second or subsequent
268268 13 violation.
269269 14 (Source: P.A. 100-199, eff. 1-1-18.)
270270 15 Section 10. The Stalking No Contact Order Act is amended
271271 16 by changing Section 125 as follows:
272272 17 (740 ILCS 21/125)
273273 18 Sec. 125. Violation. Violation of a stalking no contact
274274 19 order is a Class A misdemeanor. Violation of a stalking no
275275 20 contact order is a Class 4 felony if the defendant has any
276276 21 prior conviction under Section 12-3.2 or 12-3.4 of the
277277 22 Criminal Code of 2012 or any prior conviction under the law of
278278 23 another jurisdiction for an offense that could be charged in
279279 24 this State as domestic battery or violation of an order of
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290290 1 protection. Violation of a stalking no contact order is a
291291 2 Class 4 felony if the defendant has any prior conviction under
292292 3 Section 8-4, 9-1, 10-1, 10-2, 10-3, 10-3.1, 11-1.20, 11-1.30,
293293 4 11-1.40, 11-1.60, 12-3.05, 12-3.3, 12-7.3, 12-7.4, 20-1.1, or
294294 5 24-1.2 or subsection (a-5) of Section 12-3.1 of the Criminal
295295 6 Code of 2012, of a violation of any former law of this State
296296 7 that is substantially similar to any listed offense, or any
297297 8 prior conviction under the law of another jurisdiction for an
298298 9 offense that could be charged in this State as one of the
299299 10 offenses listed in this Section, when any of these offenses
300300 11 have been committed against a family or household member as
301301 12 defined in Section 112A-3 of the Code of Criminal Procedure of
302302 13 1963. The court shall impose a minimum penalty of 24 hours
303303 14 imprisonment for the respondent's second or subsequent
304304 15 violation of any stalking no contact order, unless the court
305305 16 explicitly finds that an increased penalty or such period of
306306 17 imprisonment would be manifestly unjust. In addition to any
307307 18 other penalties, the court may order the respondent to pay a
308308 19 fine as authorized under Section 5-9-1 of the Unified Code of
309309 20 Corrections or to make restitution to the victim under Section
310310 21 5-5-6 of the Unified Code of Corrections.
311311 22 An initial knowing violation of a stalking no contact order is
312312 23 a Class A misdemeanor. A second or subsequent knowing
313313 24 violation is a Class 4 felony.
314314 25 (Source: P.A. 96-246, eff. 1-1-10.)
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325325 1 Section 15. The Civil No Contact Order Act is amended by
326326 2 changing Section 219 as follows:
327327 3 (740 ILCS 22/219)
328328 4 Sec. 219. Violation. Violation of a civil no contact order
329329 5 is a Class A misdemeanor. Violation of a civil no contact order
330330 6 is a Class 4 felony if the defendant has any prior conviction
331331 7 under Section 12-3.2 or 12-3.4 of the Criminal Code of 2012 or
332332 8 any prior conviction under the law of another jurisdiction for
333333 9 an offense that could be charged in this State as domestic
334334 10 battery or violation of an order of protection. Violation of a
335335 11 civil no contact order is a Class 4 felony if the defendant has
336336 12 any prior conviction under Section 8-4, 9-1, 10-1, 10-2, 10-3,
337337 13 10-3.1, 11-1.20, 11-1.30, 11-1.40, 11-1.60, 12-3.05, 12-3.3,
338338 14 12-4, 12-4.3, 12-4.4, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14,
339339 15 12-14.1, 12-16, 20-1.1, or 24-1.2 or subsection (a-5) of
340340 16 Section 12-3.1 of the Criminal Code of 2012, of a violation of
341341 17 any former law of this State that is substantially similar to
342342 18 any listed offense, or any prior conviction under the law of
343343 19 another jurisdiction for an offense that could be charged in
344344 20 this State as one of the offenses listed in this Section, when
345345 21 any of these offenses have been committed against a family or
346346 22 household member as defined in Section 112A-3 of the Code of
347347 23 Criminal Procedure of 1963. The court shall impose a minimum
348348 24 penalty of 24 hours imprisonment for the respondent's second
349349 25 or subsequent violation of any civil no contact order, unless
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