101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5107

 

Introduced 2/18/2020, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-20  from Ch. 38, par. 112A-20

    Amends the Code of Criminal Procedure of 1963. Provides that the duration of a civil no contact order is permanent if a judgment of conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse is entered.


LRB101 19235 RLC 68699 b

 

 

A BILL FOR

 

HB5107LRB101 19235 RLC 68699 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-20 as follows:
 
6    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
7    Sec. 112A-20. Duration and extension of final protective
8orders.
9    (a) (Blank).
10    (b) A final protective order shall remain in effect as
11follows:
12        (1) if entered during pre-trial release, until
13    disposition, withdrawal, or dismissal of the underlying
14    charge; if, however, the case is continued as an
15    independent cause of action, the order's duration may be
16    for a fixed period of time not to exceed 2 years;
17        (2) if in effect in conjunction with a bond forfeiture
18    warrant, until final disposition or an additional period of
19    time not exceeding 2 years; no domestic violence order of
20    protection, however, shall be terminated by a dismissal
21    that is accompanied by the issuance of a bond forfeiture
22    warrant;
23        (3) until 2 years after the expiration of any

 

 

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1    supervision, conditional discharge, probation, periodic
2    imprisonment, parole, aftercare release, or mandatory
3    supervised release for domestic violence orders of
4    protection and civil no contact orders; or
5        (4) until 2 years after the date set by the court for
6    expiration of any sentence of imprisonment and subsequent
7    parole, aftercare release, or mandatory supervised release
8    for domestic violence orders of protection and civil no
9    contact orders; and
10        (5) permanent for a stalking no contact order if a
11    judgment of conviction for stalking is entered; and .
12        (6) permanent for a civil no contact order if a
13    judgment of conviction for criminal sexual assault,
14    aggravated criminal sexual assault, criminal sexual abuse,
15    or aggravated criminal sexual abuse is entered.
16    (c) Computation of time. The duration of a domestic
17violence order of protection shall not be reduced by the
18duration of any prior domestic violence order of protection.
19    (d) Law enforcement records. When a protective order
20expires upon the occurrence of a specified event, rather than
21upon a specified date as provided in subsection (b), no
22expiration date shall be entered in Department of State Police
23records. To remove the protective order from those records,
24either the petitioner or the respondent shall request the clerk
25of the court to file a certified copy of an order stating that
26the specified event has occurred or that the protective order

 

 

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1has been vacated or modified with the sheriff, and the sheriff
2shall direct that law enforcement records shall be promptly
3corrected in accordance with the filed order.
4    (e) Extension of Orders. Any domestic violence order of
5protection or civil no contact order that expires 2 years after
6the expiration of the defendant's sentence under paragraph (2),
7(3), or (4) of subsection (b) of Section 112A-20 of this
8Article may be extended one or more times, as required. The
9petitioner, petitioner's counsel, or the State's Attorney on
10the petitioner's behalf shall file the motion for an extension
11of the final protective order in the criminal case and serve
12the motion in accordance with Supreme Court Rules 11 and 12.
13The court shall transfer the motion to the appropriate court or
14division for consideration under subsection (e) of Section 220
15of the Illinois Domestic Violence Act of 1986, subsection (c)
16of Section 216 of the Civil No Contact Order Act, or subsection
17(c) of Section 105 of the Stalking No Contact Order as
18appropriate.
19    (f) Termination date. Any final protective order which
20would expire on a court holiday shall instead expire at the
21close of the next court business day.
22    (g) Statement of purpose. The practice of dismissing or
23suspending a criminal prosecution in exchange for issuing a
24protective order undermines the purposes of this Article. This
25Section shall not be construed as encouraging that practice.
26(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)