CRIM CD-VIOL ORDER PROTECT

Illinois General Assembly - Full Text of SB3140

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3140

Introduced 2/2/2026, 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 18931 RLC 32376 b

A BILL FOR

SB3140
LRB104 18931 RLC 32376 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,

SB3140
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LRB104 18931 RLC 32376 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

SB3140
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LRB104 18931 RLC 32376 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

SB3140
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LRB104 18931 RLC 32376 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

SB3140
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LRB104 18931 RLC 32376 b
1
the third party acting at the direction of the defendant.
2
(Source: P.A. 100-987, eff. 7-1-19
.)

3

Section 99.
Effective date.
This Act takes effect upon
4
becoming law.

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