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Illinois House Bill HB2815

Illinois 2025-2026 Regular Session

Illinois House Bill HB2815 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2815 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. LRB104 08711 JRC 18765 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2815 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. LRB104 08711 JRC 18765 b LRB104 08711 JRC 18765 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2815 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
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66 740 ILCS 21/125
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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 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2815 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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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 civil no contact order is a
119119 7 Class A misdemeanor. Violation of a civil no contact order is a
120120 8 Class 4 felony if the defendant has any prior conviction under
121121 9 Section 12-3.2 or 12-3.4 or any prior conviction under the law
122122 10 of another jurisdiction for an offense that could be charged
123123 11 in this State as domestic battery or violation of an order of
124124 12 protection. Violation of a civil no contact order is a Class 4
125125 13 felony if the defendant has any prior conviction under Section
126126 14 8-4, 9-1, 10-1, 10-2, 10-3, 10-3.1, 11-1.20, 11-1.30, 11-1.40,
127127 15 11-1.60, 12-3.05, 12-3.3, 12-7.3, 12-7.4, 20-1.1, or 24-1.2 or
128128 16 subsection (a-5) of Section 12-3.1, of a violation of any
129129 17 former law of this State that is substantially similar to any
130130 18 listed offense, or any prior conviction under the law of
131131 19 another jurisdiction for an offense that could be charged in
132132 20 this State as one of the offenses listed in this Section, when
133133 21 any of these offenses have been committed against a family or
134134 22 household member as defined in Section 112A-3 of the Code of
135135 23 Criminal Procedure of 1963. The court shall impose a minimum
136136 24 penalty of 24 hours imprisonment for the respondent's second
137137 25 or subsequent violation of any civil no contact order, unless
138138 26 the court explicitly finds that an increased penalty or such
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149149 1 period of imprisonment would be manifestly unjust. In addition
150150 2 to any other penalties, the court may order the respondent to
151151 3 pay a fine as authorized under Section 5-9-1 of the Unified
152152 4 Code of Corrections or to make restitution to the victim under
153153 5 Section 5-5-6 of the Unified Code of Corrections. A violation
154154 6 of a civil no contact order is a Class A misdemeanor for a
155155 7 first violation, and a Class 4 felony for a second or
156156 8 subsequent violation.
157157 9 (Source: P.A. 100-199, eff. 1-1-18.)
158158 10 (720 ILCS 5/12-3.9)
159159 11 Sec. 12-3.9. Violation of a stalking no contact order.
160160 12 (a) A person commits violation of a stalking no contact
161161 13 order if:
162162 14 (1) he or she knowingly commits an act which was
163163 15 prohibited by a court or fails to commit an act which was
164164 16 ordered by a court in violation of:
165165 17 (A) a remedy in a valid stalking no contact order
166166 18 of protection authorized under Section 80 of the
167167 19 Stalking No Contact Order Act or Section 112A-14.7 of
168168 20 the Code of Criminal Procedure of 1963; or
169169 21 (B) a remedy, which is substantially similar to
170170 22 the remedies authorized under Section 80 of the
171171 23 Stalking No Contact Order Act or Section 112A-14.7 of
172172 24 the Code of Criminal Procedure of 1963, or in a valid
173173 25 stalking no contact order, which is authorized under
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184184 1 the laws of another state, tribe, or United States
185185 2 territory; and
186186 3 (2) the violation occurs after the offender has been
187187 4 served notice of the contents of the order, under the
188188 5 Stalking No Contact Order Act, Article 112A of the Code of
189189 6 Criminal Procedure of 1963, or any substantially similar
190190 7 statute of another state, tribe, or United States
191191 8 territory, or otherwise has acquired actual knowledge of
192192 9 the contents of the order.
193193 10 A stalking no contact order issued by a state, tribal, or
194194 11 territorial court shall be deemed valid if the issuing court
195195 12 had jurisdiction over the parties and matter under the law of
196196 13 the state, tribe, or territory. There shall be a presumption
197197 14 of validity when an order is certified and appears authentic
198198 15 on its face.
199199 16 (a-3) For purposes of this Section, a "stalking no contact
200200 17 order" may have been issued in a criminal or civil proceeding.
201201 18 (a-5) Failure to provide reasonable notice and opportunity
202202 19 to be heard shall be an affirmative defense to any charge or
203203 20 process filed seeking enforcement of a foreign stalking no
204204 21 contact order.
205205 22 (b) Prosecution for a violation of a stalking no contact
206206 23 order shall not bar a concurrent prosecution for any other
207207 24 crime, including any crime that may have been committed at the
208208 25 time of the violation of the civil no contact order.
209209 26 (c) Nothing in this Section shall be construed to diminish
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220220 1 the inherent authority of the courts to enforce their lawful
221221 2 orders through civil or criminal contempt proceedings.
222222 3 (d) A defendant who directed the actions of a third party
223223 4 to violate this Section, under the principles of
224224 5 accountability set forth in Article 5 of this Code, is guilty
225225 6 of violating this Section as if the same had been personally
226226 7 done by the defendant, without regard to the mental state of
227227 8 the third party acting at the direction of the defendant.
228228 9 (e) Sentence. Violation of a stalking no contact order is
229229 10 a Class A misdemeanor. Violation of a stalking no contact
230230 11 order is a Class 4 felony if the defendant has any prior
231231 12 conviction under Section 12-3.2 or 12-3.4 or any prior
232232 13 conviction under the law of another jurisdiction for an
233233 14 offense that could be charged in this State as domestic
234234 15 battery or violation of an order of protection. Violation of a
235235 16 stalking no contact order is a Class 4 felony if the defendant
236236 17 has any prior conviction under Section 8-4, 9-1, 10-1, 10-2,
237237 18 10-3, 10-3.1, 11-1.20, 11-1.30, 11-1.40, 11-1.60, 12-3.05,
238238 19 12-3.3, 12-7.3, 12-7.4, 20-1.1, or 24-1.2 or subsection (a-5)
239239 20 of Section 12-3.1, of a violation of any former law of this
240240 21 State that is substantially similar to any listed offense, or
241241 22 any prior conviction under the law of another jurisdiction for
242242 23 an offense that could be charged in this State as one of the
243243 24 offenses listed in this Section, when any of these offenses
244244 25 have been committed against a family or household member as
245245 26 defined in Section 112A-3 of the Code of Criminal Procedure of
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256256 1 1963. The court shall impose a minimum penalty of 24 hours
257257 2 imprisonment for the respondent's second or subsequent
258258 3 violation of any stalking no contact order, unless the court
259259 4 explicitly finds that an increased penalty or such period of
260260 5 imprisonment would be manifestly unjust. In addition to any
261261 6 other penalties, the court may order the respondent to pay a
262262 7 fine as authorized under Section 5-9-1 of the Unified Code of
263263 8 Corrections or to make restitution to the victim under Section
264264 9 5-5-6 of the Unified Code of Corrections. A violation of a
265265 10 stalking no contact order is a Class A misdemeanor for a first
266266 11 violation, and a Class 4 felony for a second or subsequent
267267 12 violation.
268268 13 (Source: P.A. 100-199, eff. 1-1-18.)
269269 14 Section 10. The Stalking No Contact Order Act is amended
270270 15 by changing Section 125 as follows:
271271 16 (740 ILCS 21/125)
272272 17 Sec. 125. Violation. Violation of a stalking no contact
273273 18 order is a Class A misdemeanor. Violation of a stalking no
274274 19 contact order is a Class 4 felony if the defendant has any
275275 20 prior conviction under Section 12-3.2 or 12-3.4 of the
276276 21 Criminal Code of 2012 or any prior conviction under the law of
277277 22 another jurisdiction for an offense that could be charged in
278278 23 this State as domestic battery or violation of an order of
279279 24 protection. Violation of a stalking no contact order is a
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290290 1 Class 4 felony if the defendant has any prior conviction under
291291 2 Section 8-4, 9-1, 10-1, 10-2, 10-3, 10-3.1, 11-1.20, 11-1.30,
292292 3 11-1.40, 11-1.60, 12-3.05, 12-3.3, 12-7.3, 12-7.4, 20-1.1, or
293293 4 24-1.2 or subsection (a-5) of Section 12-3.1 of the Criminal
294294 5 Code of 2012, of a violation of any former law of this State
295295 6 that is substantially similar to any listed offense, or any
296296 7 prior conviction under the law of another jurisdiction for an
297297 8 offense that could be charged in this State as one of the
298298 9 offenses listed in this Section, when any of these offenses
299299 10 have been committed against a family or household member as
300300 11 defined in Section 112A-3 of the Code of Criminal Procedure of
301301 12 1963. The court shall impose a minimum penalty of 24 hours
302302 13 imprisonment for the respondent's second or subsequent
303303 14 violation of any stalking no contact order, unless the court
304304 15 explicitly finds that an increased penalty or such period of
305305 16 imprisonment would be manifestly unjust. In addition to any
306306 17 other penalties, the court may order the respondent to pay a
307307 18 fine as authorized under Section 5-9-1 of the Unified Code of
308308 19 Corrections or to make restitution to the victim under Section
309309 20 5-5-6 of the Unified Code of Corrections.
310310 21 An initial knowing violation of a stalking no contact order is
311311 22 a Class A misdemeanor. A second or subsequent knowing
312312 23 violation is a Class 4 felony.
313313 24 (Source: P.A. 96-246, eff. 1-1-10.)
314314 25 Section 15. The Civil No Contact Order Act is amended by
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325325 1 changing Section 219 as follows:
326326 2 (740 ILCS 22/219)
327327 3 Sec. 219. Violation. Violation of a civil no contact order
328328 4 is a Class A misdemeanor. Violation of a civil no contact order
329329 5 is a Class 4 felony if the defendant has any prior conviction
330330 6 under Section 12-3.2 or 12-3.4 of the Criminal Code of 2012 or
331331 7 any prior conviction under the law of another jurisdiction for
332332 8 an offense that could be charged in this State as domestic
333333 9 battery or violation of an order of protection. Violation of a
334334 10 civil no contact order is a Class 4 felony if the defendant has
335335 11 any prior conviction under Section 8-4, 9-1, 10-1, 10-2, 10-3,
336336 12 10-3.1, 11-1.20, 11-1.30, 11-1.40, 11-1.60, 12-3.05, 12-3.3,
337337 13 12-4, 12-4.3, 12-4.4, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14,
338338 14 12-14.1, 12-16, 20-1.1, or 24-1.2 or subsection (a-5) of
339339 15 Section 12-3.1 of the Criminal Code of 2012, of a violation of
340340 16 any former law of this State that is substantially similar to
341341 17 any listed offense, or any prior conviction under the law of
342342 18 another jurisdiction for an offense that could be charged in
343343 19 this State as one of the offenses listed in this Section, when
344344 20 any of these offenses have been committed against a family or
345345 21 household member as defined in Section 112A-3 of the Code of
346346 22 Criminal Procedure of 1963. The court shall impose a minimum
347347 23 penalty of 24 hours imprisonment for the respondent's second
348348 24 or subsequent violation of any civil no contact order, unless
349349 25 the court explicitly finds that an increased penalty or such
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