104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately. LRB104 03950 RLC 13974 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately. LRB104 03950 RLC 13974 b LRB104 03950 RLC 13974 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately.
LRB104 03950 RLC 13974 b LRB104 03950 RLC 13974 b
LRB104 03950 RLC 13974 b
A BILL FOR
SB0290LRB104 03950 RLC 13974 b SB0290 LRB104 03950 RLC 13974 b
SB0290 LRB104 03950 RLC 13974 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 12-3.4 as follows:
6 (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
7 Sec. 12-3.4. Violation of an order of protection.
8 (a) A person commits violation of an order of protection
9 if:
10 (1) He or she knowingly commits an act which was
11 prohibited by a court or fails to commit an act which was
12 ordered by a court in violation of:
13 (i) a remedy in a valid order of protection
14 authorized under paragraphs (1), (2), (3), (14), or
15 (14.5) of subsection (b) of Section 214 of the
16 Illinois Domestic Violence Act of 1986,
17 (ii) a remedy, which is substantially similar to
18 the remedies authorized under paragraphs (1), (2),
19 (3), (14) or (14.5) of subsection (b) of Section 214 of
20 the Illinois Domestic Violence Act of 1986, in a valid
21 order of protection, which is authorized under the
22 laws of another state, tribe or United States
23 territory,
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately.
LRB104 03950 RLC 13974 b LRB104 03950 RLC 13974 b
LRB104 03950 RLC 13974 b
A BILL FOR
720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
LRB104 03950 RLC 13974 b
SB0290 LRB104 03950 RLC 13974 b
SB0290- 2 -LRB104 03950 RLC 13974 b SB0290 - 2 - LRB104 03950 RLC 13974 b
SB0290 - 2 - LRB104 03950 RLC 13974 b
1 (iii) any other remedy when the act constitutes a
2 crime against the protected parties as the term
3 protected parties is defined in Section 112A-4 of the
4 Code of Criminal Procedure of 1963; and
5 (2) Such violation occurs after the offender has been
6 served notice of the contents of the order, pursuant to
7 the Illinois Domestic Violence Act of 1986 or any
8 substantially similar statute of another state, tribe or
9 United States territory, or otherwise has acquired actual
10 knowledge of the contents of the order.
11 An order of protection issued by a state, tribal or
12 territorial court related to domestic or family violence shall
13 be deemed valid if the issuing court had jurisdiction over the
14 parties and matter under the law of the state, tribe or
15 territory. There shall be a presumption of validity where an
16 order is certified and appears authentic on its face. For
17 purposes of this Section, an "order of protection" may have
18 been issued in a criminal or civil proceeding.
19 (a-5) Failure to provide reasonable notice and opportunity
20 to be heard shall be an affirmative defense to any charge or
21 process filed seeking enforcement of a foreign order of
22 protection.
23 (b) Nothing in this Section shall be construed to diminish
24 the inherent authority of the courts to enforce their lawful
25 orders through civil or criminal contempt proceedings.
26 (c) The limitations placed on law enforcement liability by
SB0290 - 2 - LRB104 03950 RLC 13974 b
SB0290- 3 -LRB104 03950 RLC 13974 b SB0290 - 3 - LRB104 03950 RLC 13974 b
SB0290 - 3 - LRB104 03950 RLC 13974 b
1 Section 305 of the Illinois Domestic Violence Act of 1986
2 apply to actions taken under this Section.
3 (d) Violation of an order of protection is a Class 4 felony
4 A misdemeanor. Violation of an order of protection is a Class 3
5 4 felony if the defendant has any prior conviction under this
6 Code for domestic battery (Section 12-3.2) or violation of an
7 order of protection (Section 12-3.4 or 12-30) or any prior
8 conviction under the law of another jurisdiction for an
9 offense that could be charged in this State as a domestic
10 battery or violation of an order of protection. Violation of
11 an order of protection is a Class 3 4 felony if the defendant
12 has any prior conviction under this Code for first degree
13 murder (Section 9-1), attempt to commit first degree murder
14 (Section 8-4), aggravated domestic battery (Section 12-3.3),
15 aggravated battery (Section 12-3.05 or 12-4), heinous battery
16 (Section 12-4.1), aggravated battery with a firearm (Section
17 12-4.2), aggravated battery with a machine gun or a firearm
18 equipped with a silencer (Section 12-4.2-5), aggravated
19 battery of a child (Section 12-4.3), aggravated battery of an
20 unborn child (subsection (a-5) of Section 12-3.1, or Section
21 12-4.4), aggravated battery of a senior citizen (Section
22 12-4.6), stalking (Section 12-7.3), aggravated stalking
23 (Section 12-7.4), criminal sexual assault (Section 11-1.20 or
24 12-13), aggravated criminal sexual assault (Section 11-1.30 or
25 12-14), kidnapping (Section 10-1), aggravated kidnapping
26 (Section 10-2), predatory criminal sexual assault of a child
SB0290 - 3 - LRB104 03950 RLC 13974 b
SB0290- 4 -LRB104 03950 RLC 13974 b SB0290 - 4 - LRB104 03950 RLC 13974 b
SB0290 - 4 - LRB104 03950 RLC 13974 b
1 (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse
2 (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),
3 aggravated unlawful restraint (Section 10-3.1), aggravated
4 arson (Section 20-1.1), aggravated discharge of a firearm
5 (Section 24-1.2), or a violation of any former law of this
6 State that is substantially similar to any listed offense, or
7 any prior conviction under the law of another jurisdiction for
8 an offense that could be charged in this State as one of the
9 offenses listed in this Section, when any of these offenses
10 have been committed against a family or household member as
11 defined in Section 112A-3 of the Code of Criminal Procedure of
12 1963. The court shall impose a minimum penalty of 24 hours
13 imprisonment for defendant's second or subsequent violation of
14 any order of protection; unless the court explicitly finds
15 that an increased penalty or such period of imprisonment would
16 be manifestly unjust. In addition to any other penalties, the
17 court may order the defendant to pay a fine as authorized under
18 Section 5-9-1 of the Unified Code of Corrections or to make
19 restitution to the victim under Section 5-5-6 of the Unified
20 Code of Corrections.
21 (e) (Blank).
22 (f) A defendant who directed the actions of a third party
23 to violate this Section, under the principles of
24 accountability set forth in Article 5 of this Code, is guilty
25 of violating this Section as if the same had been personally
26 done by the defendant, without regard to the mental state of
SB0290 - 4 - LRB104 03950 RLC 13974 b
SB0290- 5 -LRB104 03950 RLC 13974 b SB0290 - 5 - LRB104 03950 RLC 13974 b
SB0290 - 5 - LRB104 03950 RLC 13974 b
1 the third party acting at the direction of the defendant.
2 (Source: P.A. 100-987, eff. 7-1-19.)
SB0290 - 5 - LRB104 03950 RLC 13974 b