CRIM CD-VIOL ORDERS OF PROTECT

Illinois General Assembly - Full Text of HB4658

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4658

Introduced 2/3/2026, by Rep. Jennifer Sanalitro

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-3.4

was 720 ILCS 5/12-30
720 ILCS 5/12-3.8
720 ILCS 5/12-3.9

Amends the Criminal Code of 2012. Provides that violation of an order
of protection is a Class 4 felony if the defendant has any prior conviction
for violation of a civil no contact order, violation of a stalking no
contact order, or any prior conviction under the law of another
jurisdiction for an offense that could be charged in the State as violation
of a civil no contact order or violation of a stalking no contact order.
Provides that violation of a civil no contact order is a Class 4 felony if
the defendant has any prior conviction for violation of an order of
protection, violation of a civil no contact order, or violation of a
stalking no contact order, or any prior conviction under the law of another
jurisdiction for an offense that could be charged in the State as a
violation of an order of protection, violation of a civil no contact order,
or violation of a stalking no contact order. Provides that violation of a
stalking no contact order is a Class 4 felony if the defendant has any
prior conviction under the Code for a violation of an order of protection,
violation of a stalking no contact order, or violation of a civil no
contact order, or any prior conviction under the law of another
jurisdiction for an offense that could be charged in the State as a
violation of an order of protection, violation of a civil no contact order,
or violation of a stalking no contact order.
LRB104 17404 RLC 30829 b

A BILL FOR

HB4658
LRB104 17404 RLC 30829 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 Sections 12-3.4, 12-3.8, and 12-3.9 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,

HB4658
- 2 -
LRB104 17404 RLC 30829 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

HB4658
- 3 -
LRB104 17404 RLC 30829 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 A
4
misdemeanor. Violation of an order of protection is a Class 4
5
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)
, violation of a
8
civil no contact order (Section 12-3.8), violation of a
9
stalking no contact order (Section 12-3.9),
or any prior
10
conviction under the law of another jurisdiction for an
11
offense that could be charged in this State as a domestic
12
battery
or
violation of an order of protection
, violation of a
13
civil no contact order, or violation of a stalking no contact
14
order
. Violation of an order of protection is a Class 4 felony
15
if the defendant has any prior conviction under this Code for
16
first degree murder (Section 9-1), attempt to commit first
17
degree murder (Section 8-4), aggravated domestic battery
18
(Section 12-3.3), aggravated battery (Section 12-3.05 or
19
12-4), heinous battery (Section 12-4.1), aggravated battery
20
with a firearm (Section 12-4.2), aggravated battery with a
21
machine gun or a firearm equipped with a silencer (Section
22
12-4.2-5), aggravated battery of a child (Section 12-4.3),
23
aggravated battery of an unborn child (subsection (a-5) of
24
Section 12-3.1, or Section 12-4.4), aggravated battery of a
25
senior citizen (Section 12-4.6), stalking (Section 12-7.3),
26
aggravated stalking (Section 12-7.4), criminal sexual assault

HB4658
- 4 -
LRB104 17404 RLC 30829 b
1
(Section 11-1.20 or 12-13), aggravated criminal sexual assault
2
(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
3
aggravated kidnapping (Section 10-2), predatory criminal
4
sexual assault of a child (Section 11-1.40 or 12-14.1),
5
aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
6
unlawful restraint (Section 10-3), aggravated unlawful
7
restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
8
aggravated discharge of a firearm (Section 24-1.2), or a
9
violation of any former law of this State that is
10
substantially similar to any listed offense, or any prior
11
conviction under the law of another jurisdiction for an
12
offense that could be charged in this State as one of the
13
offenses listed in this Section, when any of these offenses
14
have been committed against a family or household member as
15
defined in Section 112A-3 of the Code of Criminal Procedure of
16
1963. The court shall impose a minimum penalty of 24 hours
17
imprisonment for defendant's second or subsequent violation of
18
any order of protection; unless the court explicitly finds
19
that an increased penalty or such period of imprisonment would
20
be manifestly unjust. In addition to any other penalties, the
21
court may order the defendant to pay a fine as authorized under
22
Section 5-9-1 of the Unified Code of Corrections or to make
23
restitution to the victim under Section 5-5-6 of the Unified
24
Code of Corrections.
25

(e) (Blank).
26

(f) A defendant who directed the actions of a third party

HB4658
- 5 -
LRB104 17404 RLC 30829 b
1
to violate this Section, under the principles of
2
accountability set forth in Article 5 of this Code, is guilty
3
of violating this Section as if the same had been personally
4
done by the defendant, without regard to the mental state of
5
the third party acting at the direction of the defendant.
6
(Source: P.A. 100-987, eff. 7-1-19
.)

7

(720 ILCS 5/12-3.8)
8

Sec. 12-3.8.
Violation of a civil no contact order.
9

(a) A person commits violation of a civil no contact order
10
if:
11

(1) he or she knowingly commits an act which was
12

prohibited by a court or fails to commit an act which was
13

ordered in violation of:
14

(A) a remedy of a valid civil no contact order
15

authorized under Section 213 of the Civil No Contact
16

Order Act or Section 112A-14.5 of the Code of Criminal
17

Procedure of 1963; or
18

(B) a remedy, which is substantially similar to
19

the remedies authorized under Section 213 of the Civil
20

No Contact Order Act or Section 112A-14.5 of the Code
21

of Criminal Procedure of 1963, or in a valid civil no
22

contact order, which is authorized under the laws of
23

another state, tribe, or United States territory; and
24

(2) the violation occurs after the offender has been
25

served notice of the contents of the order under the Civil

HB4658
- 6 -
LRB104 17404 RLC 30829 b
1

No Contact Order Act, Article 112A of the Code of Criminal
2

Procedure of 1963, or any substantially similar statute of
3

another state, tribe, or United States territory, or
4

otherwise has acquired actual knowledge of the contents of
5

the order.
6

A civil no contact order issued by a state, tribal, or
7
territorial court shall be deemed valid if the issuing court
8
had jurisdiction over the parties and matter under the law of
9
the state, tribe, or territory. There shall be a presumption
10
of validity when an order is certified and appears authentic
11
on its face.
12

(a-3) For purposes of this Section, a "civil no contact
13
order" may have been issued in a criminal or civil proceeding.
14

(a-5) Failure to provide reasonable notice and opportunity
15
to be heard shall be an affirmative defense to any charge or
16
process filed seeking enforcement of a foreign civil no
17
contact order.
18

(b) Prosecution for a violation of a civil no contact
19
order shall not bar a concurrent prosecution for any other
20
crime, including any crime that may have been committed at the
21
time of the violation of the civil no contact order.
22

(c) Nothing in this Section shall be construed to diminish
23
the inherent authority of the courts to enforce their lawful
24
orders through civil or criminal contempt proceedings.
25

(d) A defendant who directed the actions of a third party
26
to violate this Section, under the principles of

HB4658
- 7 -
LRB104 17404 RLC 30829 b
1
accountability set forth in Article 5 of this Code, is guilty
2
of violating this Section as if the same had been personally
3
done by the defendant, without regard to the mental state of
4
the third party acting at the direction of the defendant.
5

(e) Sentence. A violation of a civil no contact order is a
6
Class A misdemeanor
. Violation of a civil no contact order is a
7
Class 4 felony if the defendant has any prior conviction under
8
this Code for a violation of an order of protection, violation
9
of a civil no contact order, or violation of a stalking no
10
contact order (Section 12-3.4, 12-3.8, 12-3.9, or 12-30), or
11
any prior conviction under the law of another jurisdiction for
12
an offense that could be charged in this State as a violation
13
of an order of protection, violation of a civil no contact
14
order, or violation of a stalking no contact order

for a first
15
violation, and a Class 4 felony for a second or subsequent
16
violation
.
17
(Source: P.A. 100-199, eff. 1-1-18
.)

18

(720 ILCS 5/12-3.9)
19

Sec. 12-3.9.
Violation of a stalking no contact order.
20

(a) A person commits violation of a stalking no contact
21
order if:
22

(1) he or she knowingly commits an act which was
23

prohibited by a court or fails to commit an act which was
24

ordered by a court in violation of:
25

(A) a remedy in a valid stalking no contact order

HB4658
- 8 -
LRB104 17404 RLC 30829 b
1

of protection authorized under Section 80 of the
2

Stalking No Contact Order Act or Section 112A-14.7 of
3

the Code of Criminal Procedure of 1963; or
4

(B) a remedy, which is substantially similar to
5

the remedies authorized under Section 80 of the
6

Stalking No Contact Order Act or Section 112A-14.7 of
7

the Code of Criminal Procedure of 1963, or in a valid
8

stalking no contact order, which is authorized under
9

the laws of another state, tribe, or United States
10

territory; and
11

(2) the violation occurs after the offender has been
12

served notice of the contents of the order, under the
13

Stalking No Contact Order Act, Article 112A of the Code of
14

Criminal Procedure of 1963, or any substantially similar
15

statute of another state, tribe, or United States
16

territory, or otherwise has acquired actual knowledge of
17

the contents of the order.
18

A stalking no contact order issued by a state, tribal, or
19
territorial court shall be deemed valid if the issuing court
20
had jurisdiction over the parties and matter under the law of
21
the state, tribe, or territory. There shall be a presumption
22
of validity when an order is certified and appears authentic
23
on its face.
24

(a-3) For purposes of this Section, a "stalking no contact
25
order" may have been issued in a criminal or civil proceeding.
26

(a-5) Failure to provide reasonable notice and opportunity

HB4658
- 9 -
LRB104 17404 RLC 30829 b
1
to be heard shall be an affirmative defense to any charge or
2
process filed seeking enforcement of a foreign stalking no
3
contact order.
4

(b) Prosecution for a violation of a stalking no contact
5
order shall not bar a concurrent prosecution for any other
6
crime, including any crime that may have been committed at the
7
time of the violation of the civil no contact order.
8

(c) Nothing in this Section shall be construed to diminish
9
the inherent authority of the courts to enforce their lawful
10
orders through civil or criminal contempt proceedings.
11

(d) A defendant who directed the actions of a third party
12
to violate this Section, under the principles of
13
accountability set forth in Article 5 of this Code, is guilty
14
of violating this Section as if the same had been personally
15
done by the defendant, without regard to the mental state of
16
the third party acting at the direction of the defendant.
17

(e) Sentence. A violation of a stalking no contact order
18
is a Class A misdemeanor
. Violation of a stalking no contact is
19
a Class 4 felony if the defendant has any prior conviction
20
under this Code for a violation of an order of protection,
21
violation of a stalking no contact order, or violation of a
22
civil no contact order (Section 12-3.4, 12-3.8, 12-3.9, or
23
12-30), or any prior conviction under the law of another
24
jurisdiction for an offense that could be charged in this
25
State as a violation of an order of protection, violation of a
26
civil no contact order, or violation of a stalking no contact

HB4658
- 10 -
LRB104 17404 RLC 30829 b
1
order

for a first violation, and a Class 4 felony for a second
2
or subsequent violation
.
3
(Source: P.A. 100-199, eff. 1-1-18
.)

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