B.  Interpreters in Criminal Court:
Criminal Proceeding Interpreter Act

Appointment of interpreter
(725 ILCS 140/1)

    Whenever any person accused of committing a felony or misdemeanor is to be tried in any court of this State, the court shall upon its own motion or that of defense or prosecution determine whether the accused is capable of understanding the English language and is capable of expressing himself in the English language so as to be understood directly by counsel, court or jury.  If the court finds the accused incapable of so understanding or so expressing himself, the court shall appoint an interpreter for the accused whom he can understand and who can understand him.  In compliance with the federal Americans with Disabilities Act of 1990, the right to communications access through a sign language interpreter or other means shall extend to a person with a disability who is accused of a violation of any penal statute of this State.

Order
(725 ILCS 140/2)

    The court shall enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court.

Compensation
(725 ILCS 140/3)

    The court shall determine a reasonable fee for all such interpreter services which shall be paid out of the general county funds.

Chapter 6
Crime Victims Compensation Act (in pertinent part)

(740 ILCS 45/7.1) 

(a) The application shall set out:
    (1) the name and address of the victim;
    (2) if the victim is deceased, the name and address of the applicant and his relationship to the victim, the names and addresses of other persons dependent on the victim for their support and the extent to which each is so dependent, and other persons who may be entitled to compensation for a pecuniary loss;
    (3) the date and nature of the crime on which the application for compensation is based;
    (4) the date and place where and the law enforcement officials to whom notification of the crime was given;
    (5) the nature and extent of the injuries sustained by the victim, and the names and addresses of those giving medical and hospitalization treatment to the victim;
    (6) the pecuniary loss to the applicant and to such other persons as are specified under item (2) resulting from the injury or death;
    (7) the amount of benefits, payments, or awards, if any, payable under:
    (a) the Workers' Compensation Act,
    (b) the Dram Shop Act,
    (c) any claim, demand, or cause of action based upon the crime‑related injury or death,
    (d) the Federal Medicare program,
    (e) the State Public Aid program,
    (f) Social Security Administration burial benefits,
    (g) Veterans administration burial benefits,
    (h) life, health, accident or liability insurance,
    (i) the Criminal Victims' Escrow Account Act, or
    (j) from any other source.
    (8) releases authorizing the surrender to the Court of Claims or Attorney General of reports, documents and other information relating to the matters specified under this Act and rules promulgated in accordance with the Act.
    (9) such other information as the Court of Claims or the Attorney General reasonably requires.
    (b) The Attorney General may require that materials substantiating the facts stated in the application be submitted with that application.
    (c) An applicant, on his own motion, may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the original application has been disposed of by the Court of Claims. In either case, the filing of additional information or of an amended application shall be considered for the purpose of this Act to have been filed at the same time as the original application.

Chapter 7
Full Faith and Credit Enforcement of
Out of State Protection Orders

Editorial:  The Constitution of the United States mandates that states accord the judgments of other states with full faith and credit. Under the Federal Violence Against Women Act (VAWA), 18 U.S.C. § 2265, jurisdictions must accord the Full Faith and Credit mandated under the Constitution to valid orders of protection issued by all other jurisdictions, including all 50 states, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands, and Guam.  "Full Faith and Credit" means that jurisdictions must honor and enforce orders issued by courts in other jurisdictions.  For the order of protection to be valid and enforceable, it must meet the following criteria:

    1.  he issuing court must have jurisdiction over the parties and the subject matter; and

    2.  The respondent must have reasonable notice and an opportunity to be heard (to be given the opportunity to appear and to present evidence).  In the case of ex parte orders, notice and an opportunity to be heard must be provided within a reasonable time.

    Enforcement of out-of-state orders of protection must follow the rules in the jurisdiction where enforcement is sought.  The jurisdiction that issues the order determines who is protected, the terms and conditions of the order, and how long the order is in effect.  For example, a victim obtains an OP against her same-sex abuser in State A.  She then moves to State B where Orders of Protection do not apply to members of the same sex.  State B must enforce the out-of-state order even though the victim would not qualify for an OP under State B's laws.  Further, if a victim is granted a lifetime OP by one jurisdiction, and several years later she moves to a jurisdiction with a maximum period of two years on an OP, her new jurisdiction must enforce the order for the victim's lifetime.

    The jurisdiction that enforces the order determines how the order is enforced, the arrest authority of law enforcement officers, detention and notification procedures, and penalties or sanctions for violations of the order.  For example, a victim obtains an OP in State A, where the violation of an order is a misdemeanor crime, but she travels to State B, where violation of an order is prosecuted as criminal contempt of court.  If the abuser violates the order in State B, the abuser will be charged with criminal contempt.

    Illinois has amended its statutes to give full faith and credit to out-of-state protective orders. An out-of-state protective order's effectiveness is not based on whether the order is certified in the issuing jurisdiction or was ever registered in Illinois. Also, if the victim registers the out-of-state protective order in Illinois, the circuit clerk is not allowed to charge a filing fee.

    The filing of a foreign order of protection is covered in 725 ILCS 5/112A-22.5 and 750 ILCS 60/222.5, which are both reprinted elsewhere in this book. The Code of Civil Procedure has also been amended to reflect these changes. (See 735 ILCS 5/12-652, et seq.) Illinois operates an Order of Protection Registry pursuant to 750 ILCS 60 and 725 ILCS 5, managed by the Illinois State Police.

For more information related to Full Faith and Credit issues, contact:
Full Faith and Credit Project:  (800) 256-5883
Battered Women's Justice Project (Civil):  (800) 903-0111, ext. 2
Battered Women's Justice Project (Criminal):  (800) 903-0111, ext. 1
International Association of Chiefs of Police:  (800) 843-4227
http://www.theiacp.org
Illinois State Police Order of Protection Registry
(217) 524-1711  or (217) 785-4838

Chapter 8

State and Federal Firearms Statutes

1. Application for firearm owner's identification card
(430  ILCS 65/4)

    (a) Each applicant for a Firearm Owner's Identification Card must:

        (1) Make application on blank forms prepared and furnished at convenient locations throughout the State by the Department of State Police; and

        (2) Submit evidence under penalty of perjury to the Department of State Police that:

* * *

            (vii) He or she is not subject to an existing order of protection prohibiting him or her from possessing a firearm;

            (viii) He or she has not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

            (ix) He or she has not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997; and

            (x) He or she has not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;

* * *

2. Denial or revocation

(430 ILCS 65/8)

    The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:  

* * *

    (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community. For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

* * *

    (j) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm; or

    (k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

    (l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;

    (m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998; or

  * * *

3. Editorial: revoking a FOID card

    To have a Firearm Owner's Identification Card (FOID card) revoked or denied following the issuance of an order of protection or certain domestic violence criminal convictions, the Illinois State Police may be contacted at telephone number (217) 558-0025 (FOID Enforcement Section),, who handles Order of Protection FOID card revocations. Provide the respondent's name, including all aliases, and date of birth.  It is important for advocates to make these reports because many counties do not automatically make the reports to the State Police.

Advocates may also file this report by mail:

Illinois State Police
Firearms Services Bureau
100 Iles Park Place
P.O. Box 3677
Springfield, IL 62708-3677
Attention: FOID Enforcement Section

1. Editorial:  It is a federal crime for any person subject to an order of protection to possess any firearm or ammunition during the period in which the order is in effect.  To qualify, an Order of Protection must have been issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate.  There are "official use" exemptions allowing law enforcement and military personnel, who are subject to the order, to possess their service weapon while on duty. See 18 U.S.C. § 922 (g)(8) and 18 U.S.C. § 925 (a)(1).

    It is also a federal crime for a person convicted of a qualifying misdemeanor crime of domestic violence (bodily harm) to possess a firearm or ammunition. This ban is permanent. Law enforcement officers are not exempt from this provision.  See 18 U.S.C. § 922 (g) (8) and (9) and 18 U.S.C. § 925 (a)(1). 

    Federal gun control violations are investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF).  The United States Attorney's Office has the authority to prosecute such violations, but to date such prosecutions are rare.

2. Federal crimes

[18 U.S.C. § 922. (g) (8) and (9)] 

    (g) It shall be unlawful for any person -

        (8) who is subject to a court order that -

            (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

            (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

            (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

                (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

        (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

* * *

3. Military and law enforcement exceptions
[18 U.S.C. § 925. (a) (1)]

    (a)(1) The provisions of this chapter, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p), shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.

Chapter 9
Federal Crimes of Domestic Violence

Editorial:  For each of the following crimes, it is up to the U.S. Attorney's Office in the district where the offense occurred to evaluate the offense and determine whether to prosecute.  For purposes of these laws, interstate travel includes states, Indian tribal lands, the District of Columbia, a commonwealth, territory, or possession.

   (a) Offenses. -

        (1) Crossing a state line. - A person who travels across a State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person's spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes bodily injury to such spouse or intimate partner, shall be punished as provided in subsection (b).

        (2) Causing the crossing of a state line.  A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily injury to the person's spouse or intimate partner, shall be punished as provided in subsection (b).

    (b) Penalties.  A person who violates this section or section 2261A shall be fined under this title, imprisoned

        (1) for life or any term of years, if death of the victim results;

        (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

        (3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

        (4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

        (5) for not more than 5 years, in any other case, or both fined and imprisoned.

    Whoever travels across a State line or within the special maritime and territorial jurisdiction of the United States with the intent to injure or harass another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury (as defined in section 1365(g)(3) of this title) to, that person or a member of that person's immediate family (as defined in section 115 of this title) shall be punished as provided in section 2261 of this title.

    (a) Offenses.

        (1) Crossing a state line.  A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that -

            (A)(i) violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued; or

                (ii) would violate this subparagraph if the conduct occurred in the jurisdiction in which the order was issued; and

            (B) subsequently engages in such conduct, shall be punished as provided in subsection (b).

        (2) Causing the crossing of a state line. - A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, intentionally commits an act that injures the person's spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (b).

    (b) Penalties. - A person who violates this section shall be fined under this title, imprisoned -

        (1) for life or any term of years, if death of the victim results;

        (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

        (3) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

        (4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

        (5) for not more than 5 years, in any other case, or both fined and imprisoned.

Chapter 10

  Criminal Statutes Relating to Domestic Violence

    (a) A person commits  the  offense of  unlawful restraint when he knowingly without legal authority detains another.

    (b)  Sentence. Unlawful restraint is a Class 4 felony.

B.  Child Abduction
(720 ILCS 5/10-5)

    (a) For purposes of this Section, the following terms shall have the following meanings:

        (1) "Child" means a person under the age of 18 or an institutionalized severely or profoundly mentally retarded person at the time the alleged violation occurred; and

        (2) "Detains" means taking or retaining physical custody of a child, whether or not the child resists or objects; and

        (3) "Lawful custodian" means a person or persons granted legal custody of a child or entitled to physical possession of a child pursuant to a court order.  It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise.  If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section be considered a valid court order granting custody to the mother.

    (b) A person commits child abduction when he or she:

        (1) Intentionally violates any terms of a valid court order granting sole or joint custody, care or possession to another, by concealing or detaining the child or removing the child from the jurisdiction of the court; or

        (2) Intentionally violates a court order prohibiting the person from concealing or detaining the child or removing the child from the jurisdiction of the court; or

        (3) Intentionally conceals, detains or removes the child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered.  However, notwithstanding the presumption created by paragraph (3) of subsection (a), a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence; or

        (4) Intentionally conceals or removes the child from a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or

        (5) At the expiration of visitation rights outside the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois; or

        (6) Being a parent of the child, and where the parents of such child are or have been married and there has been no court order of custody, conceals the child for 15 days, and fails to make reasonable attempts within the 15 day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact such child, or to arrange reasonable visitation or contact with the child.  It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program; or

        (7) Being a parent of the child, and where the parents of the child are or have been married and there has been no court order of custody, conceals, detains, or removes the child with physical force or threat of physical force; or

        (8) Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody; or

        (9) Retains in this State for 30 days a child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody; or

        (10) Intentionally lures or attempts to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose.

    For the purposes of this subsection (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child shall be prima facie evidence of other than a lawful purpose.

    (c) It shall be an affirmative defense that:

        (1) The person had custody of the child pursuant to a court order granting legal custody or visitation rights which existed at the time of the alleged violation; or

        (2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which such child can be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of such circumstances and make such disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; or

        (3) The person was fleeing an incidence or pattern of domestic violence; or

        (4) The person lured or attempted to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under subsection (b), paragraph (10).

    (d) A person convicted of child abduction under this Section is guilty of a Class 4 felony.  A person convicted of a second or subsequent violation of paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony.  It shall be a factor in aggravation for which a court may impose a more severe sentence under Section 5-8-1 of the Unified Code of Corrections, if upon sentencing the court finds evidence of any of the following aggravating factors:

        (1) that the defendant abused or neglected the child following the concealment, detention or removal of the child; or

        (2) that the defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause such parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section; or

        (3) that the defendant demanded payment in exchange for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child; or

        (4) that the defendant has previously been convicted of child abduction; or

        (5) that the defendant committed the abduction while armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or

        (6) that the defendant committed the abduction while in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground.  For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.

    (e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained or removed.  In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.

    (f) Nothing contained in this Section shall be construed to limit the court's contempt power.

    (g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of such investigation.  Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of "An Act in relation to criminal identification and investigation", approved July 2, 1931, as now or hereafter amended.

    (h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, he shall provide the lawful custodian a summary of her or his rights under this Act, including the procedures and relief available to her or him.

    (i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act, as now or hereafter amended.

C.  Unlawful Visitation Interference
(720 ILCS 5/10-5.5)

    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.

    (b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.

    (c) A person committing unlawful visitation interference is guilty of a petty offense.  However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.

    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.

    (e) The notice shall:

        (1) be in writing;

        (2) state the name of the person and his address, if known;

        (3) set forth the nature of the offense;

        (4) be signed by the officer issuing the notice; and

        (5) request the person to appear before a court at a certain time and place.

    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.

    (g) It is an affirmative defense that:

        (1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;

        (2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or

        (3) the act was otherwise authorized by law.

    (h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.

D. Domestic Battery
(720 ILCS 5/12-3.2)

    (a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:
        (1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended;

        (2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended.

    (b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), unlawful restraint (Section 10‑3), or aggravated unlawful restraint (Section 10‑3.1) against a family or household member, as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963, shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5‑5‑6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step‑child or who is a minor child residing within or visiting the household of the defendant or victim. For purposes of this Section, "in the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting one of the offenses listed in this subsection.

    (a) A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.

    (b) Sentence.  Aggravated domestic battery is a Class 2 felony.  Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days.  A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

F.  Aggravated Battery
(720 ILCS 5/12-4)

    (a)  A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery.

    (b)  In committing a battery, a person commits aggravated battery if he or she:

         (1)  Uses a deadly weapon other than by the discharge of a firearm;

         (2)  Is hooded, robed or masked, in such manner as to conceal his identity;

* * *

         (8)  Is, or the person battered is, on or about a public way, public   property or public place of accommodation or amusement;

* * *

         (11)  Knows the individual harmed is pregnant;

* * *

[ Ed.:  At press time, SB 175 had passed both houses and was awaiting the governor's signature. Assuming the bill is signed by the governor, it adds the following aggravating factor:

        (16)  Is, or the person battered is, in any building or other structure  used  to  provide  shelter  or  other services  to  victims  of domestic violence as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or to the  dependent  children  of  victims  of  domestic violence, or the person battered is within 500 feet while going to or from such a building or other structure.]

* * *

    (e)  Sentence. Aggravated battery is a Class 3 felony.

G.  Interfering with the Reporting of Domestic Violence
(720 ILCS 5/12-6.3)

    (a) A person commits the offense of interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9-1-1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.

    (b) For the purposes of this Section, the following terms shall have the indicated meanings:

        (1) "Domestic violence" shall have the meaning ascribed to it in Section 112A-3 of the Code of Criminal Procedure of 1963.

        (2) "Family or household members" shall have the meaning ascribed to it in Section 112A-3 of the Code of Criminal Procedure of 1963.

    (c) Sentence.  Interfering with the reporting of domestic violence is a Class A misdemeanor.

H.  Stalking
(720 ILCS 5/12-7.3)

    (a) A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and:

        (1) at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement or restraint and the threat is directed towards that person or a family member of that person; or

        (2) places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint; or

        (3) places that person in reasonable apprehension that a family member will receive immediate or future bodily harm, sexual assault, confinement, or restraint.

    (b) Sentence. Stalking is a Class 4 felony. A second or subsequent conviction for stalking is a Class 3 felony.

    (b-5) The incarceration of a person in a penal institution who transmits a threat is not a bar to prosecution under this Section.

    (c) Exemption.  This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.

    (d) For the purpose of this Section, a defendant "places a person under surveillance" by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant.

    (e) For the purpose of this Section, "follows another person" means (i) to move in relative proximity to a person as that person moves from place to place or (ii) to remain in relative proximity to a person who is stationary or whose movements are confined to a small area.  "Follows another person" does not include a following within the residence of the defendant.

    (f) For the purposes of this Section and Section 12-7.4, "bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.

    (g) For the purposes of this Section, "transmits a threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.

    (h) For the purposes of this Section, "family member" means a parent, grandparent, brother, sister, or child, whether by whole blood, half-blood, or adoption and includes a step-grandparent, step-parent, step-brother, step-sister or step-child.  "Family member" also means any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.   ***

I.  Aggravated Stalking
(720 ILCS 5/12-7.4)

    (a) A person commits aggravated stalking when he or she, in conjunction with committing the offense of stalking, also does any of the following:

        (1) causes bodily harm to the victim;

        (2) confines or restrains the victim; or

        (3) violates a temporary restraining order, an order of  protection, or an injunction prohibiting the behavior described in subsection (b)(1) of Section 214 of the Illinois Domestic Violence Act of 1986.

    (b) Sentence.  Aggravated stalking is a Class 3 felony.  A second or subsequent conviction for aggravated stalking is a Class 2 felony.

    (c) Exemption.  This Section does not apply to picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute, or any exercise of the right of free speech or assembly that is otherwise lawful.

    (d) For purposes of this Section, "bona fide labor dispute" has the meaning ascribed to it in Section 12-7.3.

    (a)  A person commits cyberstalking when he or she, knowingly and without lawful justification, on at least 2 separate  occasions, harasses another person through the use of electronic communication and:

        (1)  at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or

        (2)  places that person or a family member of that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement, or restraint.

    (b)  As used in this Section:  "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms,

torments, or terrorizes that person.  "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electronmagnetic, photoelectric, or photo-optical system.  "Electronic communication" includes transmissions by a computer through the Internet to another computer.

    (c)  Sentence. Cyberstalking is a Class 4 felony. A second or subsequent conviction for cyberstalking is a  Class 3 felony.

K.  Violation of an order of protection
(720 ILCS 5/12-30)

    (a) A person commits violation of an order of protection if:

        (1) He or she commits an act which was prohibited by a court or fails to commit an act which was ordered by a court in violation of:

            (i) a remedy in a valid order  of  protection  authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986,

            (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of  protection, which is authorized under the laws of another state, tribe or United States territory,

            (iii) any other remedy when the act constitutes a crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and

        (2) Such violation occurs after the offender has been served notice of the contents of the order, pursuant to the Illinois Domestic Violence

Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.  An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory.  There shall be a presumption of validity where an order is certified and appears authentic on its face.

    (a-5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign order of protection.

    (b) For purposes of this Section, an "order of protection" may have been issued in a criminal or civil proceeding.

    (c) Nothing in this Section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.

    (d) Violation of an order of protection under subsection (a) of this Section is a Class A misdemeanor. Violation of an order of protection under subsection (a) of this Section is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30). Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. The court shall impose a minimum penalty of 24 hours imprisonment for defendant's second or subsequent violation of any order of protection; unless the court explicitly finds that an increased penalty or such period of imprisonment would be manifestly unjust. In addition to any other penalties, the court may order the defendant to pay a fine as authorized under Section 5‑9‑1 of the Unified Code of Corrections or to make restitution to the victim under Section 5‑5‑6 of the Unified Code of Corrections. In addition to any other penalties, including those imposed by Section 5‑9‑1.5 of the Unified Code of Corrections, the court shall impose an additional fine of $20 as authorized by Section 5‑9‑1.11 of the Unified Code of Corrections upon any person convicted of or placed on supervision for a violation of this Section. The additional fine shall be imposed for each violation of this Section.

    (e) The limitations placed on law enforcement liability by Section 305 of the Illinois Domestic Violence Act of 1986 apply to actions taken under this Section.

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