Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0290 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
4	4	720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
5	5	Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately.
6	6	LRB104 03950 RLC 13974 b LRB104 03950 RLC 13974 b
7	7	LRB104 03950 RLC 13974 b
8	8	A BILL FOR
9	9	SB0290LRB104 03950 RLC 13974 b SB0290 LRB104 03950 RLC 13974 b
10	10	SB0290 LRB104 03950 RLC 13974 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 12-3.4 as follows:
16	16	6 (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
17	17	7 Sec. 12-3.4. Violation of an order of protection.
18	18	8 (a) A person commits violation of an order of protection
19	19	9 if:
20	20	10 (1) He or she knowingly commits an act which was
21	21	11 prohibited by a court or fails to commit an act which was
22	22	12 ordered by a court in violation of:
23	23	13 (i) a remedy in a valid order of protection
24	24	14 authorized under paragraphs (1), (2), (3), (14), or
25	25	15 (14.5) of subsection (b) of Section 214 of the
26	26	16 Illinois Domestic Violence Act of 1986,
27	27	17 (ii) a remedy, which is substantially similar to
28	28	18 the remedies authorized under paragraphs (1), (2),
29	29	19 (3), (14) or (14.5) of subsection (b) of Section 214 of
30	30	20 the Illinois Domestic Violence Act of 1986, in a valid
31	31	21 order of protection, which is authorized under the
32	32	22 laws of another state, tribe or United States
33	33	23 territory,
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0290 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/12-3.4 was 720 ILCS 5/12-30 720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
39	39	720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
40	40	Amends the Criminal Code of 2012. Increases the penalties for violation of an order of protection by one class. Effective immediately.
41	41	LRB104 03950 RLC 13974 b LRB104 03950 RLC 13974 b
42	42	LRB104 03950 RLC 13974 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	720 ILCS 5/12-3.4 was 720 ILCS 5/12-30
50	50
51	51
52	52
53	53	LRB104 03950 RLC 13974 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB0290 LRB104 03950 RLC 13974 b
64	64
65	65
66	66	SB0290- 2 -LRB104 03950 RLC 13974 b SB0290 - 2 - LRB104 03950 RLC 13974 b
67	67	SB0290 - 2 - LRB104 03950 RLC 13974 b
68	68	1 (iii) any other remedy when the act constitutes a
69	69	2 crime against the protected parties as the term
70	70	3 protected parties is defined in Section 112A-4 of the
71	71	4 Code of Criminal Procedure of 1963; and
72	72	5 (2) Such violation occurs after the offender has been
73	73	6 served notice of the contents of the order, pursuant to
74	74	7 the Illinois Domestic Violence Act of 1986 or any
75	75	8 substantially similar statute of another state, tribe or
76	76	9 United States territory, or otherwise has acquired actual
77	77	10 knowledge of the contents of the order.
78	78	11 An order of protection issued by a state, tribal or
79	79	12 territorial court related to domestic or family violence shall
80	80	13 be deemed valid if the issuing court had jurisdiction over the
81	81	14 parties and matter under the law of the state, tribe or
82	82	15 territory. There shall be a presumption of validity where an
83	83	16 order is certified and appears authentic on its face. For
84	84	17 purposes of this Section, an "order of protection" may have
85	85	18 been issued in a criminal or civil proceeding.
86	86	19 (a-5) Failure to provide reasonable notice and opportunity
87	87	20 to be heard shall be an affirmative defense to any charge or
88	88	21 process filed seeking enforcement of a foreign order of
89	89	22 protection.
90	90	23 (b) Nothing in this Section shall be construed to diminish
91	91	24 the inherent authority of the courts to enforce their lawful
92	92	25 orders through civil or criminal contempt proceedings.
93	93	26 (c) The limitations placed on law enforcement liability by
94	94
95	95
96	96
97	97
98	98
99	99	SB0290 - 2 - LRB104 03950 RLC 13974 b
100	100
101	101
102	102	SB0290- 3 -LRB104 03950 RLC 13974 b SB0290 - 3 - LRB104 03950 RLC 13974 b
103	103	SB0290 - 3 - LRB104 03950 RLC 13974 b
104	104	1 Section 305 of the Illinois Domestic Violence Act of 1986
105	105	2 apply to actions taken under this Section.
106	106	3 (d) Violation of an order of protection is a Class 4 felony
107	107	4 A misdemeanor. Violation of an order of protection is a Class 3
108	108	5 4 felony if the defendant has any prior conviction under this
109	109	6 Code for domestic battery (Section 12-3.2) or violation of an
110	110	7 order of protection (Section 12-3.4 or 12-30) or any prior
111	111	8 conviction under the law of another jurisdiction for an
112	112	9 offense that could be charged in this State as a domestic
113	113	10 battery or violation of an order of protection. Violation of
114	114	11 an order of protection is a Class 3 4 felony if the defendant
115	115	12 has any prior conviction under this Code for first degree
116	116	13 murder (Section 9-1), attempt to commit first degree murder
117	117	14 (Section 8-4), aggravated domestic battery (Section 12-3.3),
118	118	15 aggravated battery (Section 12-3.05 or 12-4), heinous battery
119	119	16 (Section 12-4.1), aggravated battery with a firearm (Section
120	120	17 12-4.2), aggravated battery with a machine gun or a firearm
121	121	18 equipped with a silencer (Section 12-4.2-5), aggravated
122	122	19 battery of a child (Section 12-4.3), aggravated battery of an
123	123	20 unborn child (subsection (a-5) of Section 12-3.1, or Section
124	124	21 12-4.4), aggravated battery of a senior citizen (Section
125	125	22 12-4.6), stalking (Section 12-7.3), aggravated stalking
126	126	23 (Section 12-7.4), criminal sexual assault (Section 11-1.20 or
127	127	24 12-13), aggravated criminal sexual assault (Section 11-1.30 or
128	128	25 12-14), kidnapping (Section 10-1), aggravated kidnapping
129	129	26 (Section 10-2), predatory criminal sexual assault of a child
130	130
131	131
132	132
133	133
134	134
135	135	SB0290 - 3 - LRB104 03950 RLC 13974 b
136	136
137	137
138	138	SB0290- 4 -LRB104 03950 RLC 13974 b SB0290 - 4 - LRB104 03950 RLC 13974 b
139	139	SB0290 - 4 - LRB104 03950 RLC 13974 b
140	140	1 (Section 11-1.40 or 12-14.1), aggravated criminal sexual abuse
141	141	2 (Section 11-1.60 or 12-16), unlawful restraint (Section 10-3),
142	142	3 aggravated unlawful restraint (Section 10-3.1), aggravated
143	143	4 arson (Section 20-1.1), aggravated discharge of a firearm
144	144	5 (Section 24-1.2), or a violation of any former law of this
145	145	6 State that is substantially similar to any listed offense, or
146	146	7 any prior conviction under the law of another jurisdiction for
147	147	8 an offense that could be charged in this State as one of the
148	148	9 offenses listed in this Section, when any of these offenses
149	149	10 have been committed against a family or household member as
150	150	11 defined in Section 112A-3 of the Code of Criminal Procedure of
151	151	12 1963. The court shall impose a minimum penalty of 24 hours
152	152	13 imprisonment for defendant's second or subsequent violation of
153	153	14 any order of protection; unless the court explicitly finds
154	154	15 that an increased penalty or such period of imprisonment would
155	155	16 be manifestly unjust. In addition to any other penalties, the
156	156	17 court may order the defendant to pay a fine as authorized under
157	157	18 Section 5-9-1 of the Unified Code of Corrections or to make
158	158	19 restitution to the victim under Section 5-5-6 of the Unified
159	159	20 Code of Corrections.
160	160	21 (e) (Blank).
161	161	22 (f) A defendant who directed the actions of a third party
162	162	23 to violate this Section, under the principles of
163	163	24 accountability set forth in Article 5 of this Code, is guilty
164	164	25 of violating this Section as if the same had been personally
165	165	26 done by the defendant, without regard to the mental state of
166	166
167	167
168	168
169	169
170	170
171	171	SB0290 - 4 - LRB104 03950 RLC 13974 b
172	172
173	173
174	174	SB0290- 5 -LRB104 03950 RLC 13974 b SB0290 - 5 - LRB104 03950 RLC 13974 b
175	175	SB0290 - 5 - LRB104 03950 RLC 13974 b
176	176	1 the third party acting at the direction of the defendant.
177	177	2 (Source: P.A. 100-987, eff. 7-1-19.)
178	178
179	179
180	180
181	181
182	182
183	183	SB0290 - 5 - LRB104 03950 RLC 13974 b