HB0280 EngrossedLRB103 03806 LNS 48812 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 6b-4 as follows:
 
6    (30 ILCS 105/6b-4)  (from Ch. 127, par. 142b4)
7    Sec. 6b-4. On the second Monday of every month, the
8Director of Public Health shall certify to the State
9Comptroller and the State Treasurer the amount generated by
10the issuance of commemorative birth certificates under
11subsection (14) of Section 25 of the Vital Records Act in
12excess of the costs incurred in issuing the documents. Within
1315 days of receipt of the certification required by this
14Section, the State Comptroller and the State Treasurer shall
15transfer from the General Revenue Fund, one-half of the amount
16certified as being received from the issuance of commemorative
17birth certificates to the Child Abuse Prevention Fund and
18one-half of the amount to the Domestic Violence Shelter and
19Service Fund.
20    The State Treasurer shall deposit into the Domestic
21Violence Shelter and Service Fund each assessment received
22under the Criminal and Traffic Assessment Act.
23    In addition to any other amounts deposited into the

 

 

HB0280 Engrossed- 2 -LRB103 03806 LNS 48812 b

1Domestic Violence Shelter and Service Fund, the State
2Treasurer shall deposit into the Fund all moneys donated to
3the State by private individuals or entities for purposes for
4which moneys in the Fund may be used as provided in this
5paragraph. Subject to appropriation, the Department of Human
6Services shall use moneys in the Fund to make grants to defray
7the reasonable and necessary travel expenses of victims of
8domestic violence who were members of the United States Armed
9Forces when the domestic violence occurred and who have been
10discharged from the United States Armed Forces to participate
11and travel to domestic violence proceedings. Military
12personnel may qualify for and have access to moneys from the
13Fund for the purposes set forth in this paragraph. The
14Department shall adopt rules necessary for making grants under
15this paragraph. County Veterans Assistance Commissions and
16organizations described in Section 501(c)(19) of the Internal
17Revenue Code of 1986 may receive grants under this paragraph.
18    The State Treasurer shall deposit into the Sexual Assault
19Services Fund and the Domestic Violence Shelter and Service
20Fund each of those fines received from circuit clerks under
21Section 5-9-1.7 of the Unified Code of Corrections in
22accordance with the provisions of that Section.
23(Source: P.A. 100-987, eff. 7-1-19.)
 
24    Section 10. The Code of Criminal Procedure of 1963 is
25amended by changing Sections 112A-6.1 and 112A-23 as follows:
 

 

 

HB0280 Engrossed- 3 -LRB103 03806 LNS 48812 b

1    (725 ILCS 5/112A-6.1)
2    Sec. 112A-6.1. Application of rules of civil procedure;
3criminal law.
4    (a) Any proceeding to obtain, modify, re-open, or appeal a
5protective order and service of pleadings and notices shall be
6governed by the rules of civil procedure of this State. The
7Code of Civil Procedure and Supreme Court and local court
8rules applicable to civil proceedings shall apply, except as
9otherwise provided by law. Civil law on venue, discovery, and
10penalties for untrue statements shall not apply to protective
11order proceedings heard under this Article.
12    (b) Criminal law on discovery, venue, and penalties for
13untrue statements apply to protective order proceedings under
14this Article.
15    (c) Court proceedings related to the entry of a protective
16order and the determination of remedies shall not be used to
17obtain discovery that would not otherwise be available in a
18criminal prosecution or juvenile delinquency case.
19    (c) The Supreme Court of Illinois may adopt rules that
20promote the use of attorneys serving on a pro bono basis to
21represent victims under this Article.
22(Source: P.A. 100-597, eff. 6-29-18.)
 
23    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
24    Sec. 112A-23. Enforcement of protective orders.

 

 

HB0280 Engrossed- 4 -LRB103 03806 LNS 48812 b

1    (a) When violation is crime. A violation of any protective
2order, whether issued in a civil, quasi-criminal proceeding or
3by a military judge or by a military commander of the United
4States Armed Forces, shall be enforced by a criminal court
5when:
6        (1) The respondent commits the crime of violation of a
7    domestic violence order of protection pursuant to Section
8    12-3.4 or 12-30 of the Criminal Code of 1961 or the
9    Criminal Code of 2012, by having knowingly violated:
10            (i) remedies described in paragraph (1), (2), (3),
11        (14), or (14.5) of subsection (b) of Section 112A-14
12        of this Code,
13            (ii) a remedy, which is substantially similar to
14        the remedies authorized under paragraph (1), (2), (3),
15        (14), or (14.5) of subsection (b) of Section 214 of the
16        Illinois Domestic Violence Act of 1986, in a valid
17        order of protection, which is authorized under the
18        laws of another state, tribe, or United States
19        territory, or
20            (iii) any other remedy when the act constitutes a
21        crime against the protected parties as defined by the
22        Criminal Code of 1961 or the Criminal Code of 2012.
23        Prosecution for a violation of a domestic violence
24    order of protection shall not bar concurrent prosecution
25    for any other crime, including any crime that may have
26    been committed at the time of the violation of the

 

 

HB0280 Engrossed- 5 -LRB103 03806 LNS 48812 b

1    domestic violence order of protection; or
2        (2) The respondent commits the crime of child
3    abduction pursuant to Section 10-5 of the Criminal Code of
4    1961 or the Criminal Code of 2012, by having knowingly
5    violated:
6            (i) remedies described in paragraph (5), (6), or
7        (8) of subsection (b) of Section 112A-14 of this Code,
8        or
9            (ii) a remedy, which is substantially similar to
10        the remedies authorized under paragraph (1), (5), (6),
11        or (8) of subsection (b) of Section 214 of the Illinois
12        Domestic Violence Act of 1986, in a valid domestic
13        violence order of protection, which is authorized
14        under the laws of another state, tribe, or United
15        States territory.
16        (3) The respondent commits the crime of violation of a
17    civil no contact order when the respondent violates
18    Section 12-3.8 of the Criminal Code of 2012. Prosecution
19    for a violation of a civil no contact order shall not bar
20    concurrent prosecution for any other crime, including any
21    crime that may have been committed at the time of the
22    violation of the civil no contact order.
23        (4) The respondent commits the crime of violation of a
24    stalking no contact order when the respondent violates
25    Section 12-3.9 of the Criminal Code of 2012. Prosecution
26    for a violation of a stalking no contact order shall not

 

 

HB0280 Engrossed- 6 -LRB103 03806 LNS 48812 b

1    bar concurrent prosecution for any other crime, including
2    any crime that may have been committed at the time of the
3    violation of the stalking no contact order.
4    (b) When violation is contempt of court. A violation of
5any valid protective order, whether issued in a civil or
6criminal proceeding or by a military judge or by a military
7commander of the United States Armed Forces, may be enforced
8through civil or criminal contempt procedures, as appropriate,
9by any court with jurisdiction, regardless where the act or
10acts which violated the protective order were committed, to
11the extent consistent with the venue provisions of this
12Article. Nothing in this Article shall preclude any Illinois
13court from enforcing any valid protective order issued in
14another state. Illinois courts may enforce protective orders
15through both criminal prosecution and contempt proceedings,
16unless the action which is second in time is barred by
17collateral estoppel or the constitutional prohibition against
18double jeopardy.
19        (1) In a contempt proceeding where the petition for a
20    rule to show cause sets forth facts evidencing an
21    immediate danger that the respondent will flee the
22    jurisdiction, conceal a child, or inflict physical abuse
23    on the petitioner or minor children or on dependent adults
24    in petitioner's care, the court may order the attachment
25    of the respondent without prior service of the rule to
26    show cause or the petition for a rule to show cause. Bond

 

 

HB0280 Engrossed- 7 -LRB103 03806 LNS 48812 b

1    shall be set unless specifically denied in writing.
2        (2) A petition for a rule to show cause for violation
3    of a protective order shall be treated as an expedited
4    proceeding.
5    (c) Violation of custody, allocation of parental
6responsibility, or support orders. A violation of remedies
7described in paragraph (5), (6), (8), or (9) of subsection (b)
8of Section 112A-14 of this Code may be enforced by any remedy
9provided by Section 607.5 of the Illinois Marriage and
10Dissolution of Marriage Act. The court may enforce any order
11for support issued under paragraph (12) of subsection (b) of
12Section 112A-14 of this Code in the manner provided for under
13Parts V and VII of the Illinois Marriage and Dissolution of
14Marriage Act.
15    (d) Actual knowledge. A protective order may be enforced
16pursuant to this Section if the respondent violates the order
17after the respondent has actual knowledge of its contents as
18shown through one of the following means:
19        (1) (Blank).
20        (2) (Blank).
21        (3) By service of a protective order under subsection
22    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
23        (4) By other means demonstrating actual knowledge of
24    the contents of the order.
25    (e) The enforcement of a protective order in civil or
26criminal court shall not be affected by either of the

 

 

HB0280 Engrossed- 8 -LRB103 03806 LNS 48812 b

1following:
2        (1) The existence of a separate, correlative order
3    entered under Section 112A-15 of this Code.
4        (2) Any finding or order entered in a conjoined
5    criminal proceeding.
6    (e-5) If a civil no contact order entered under subsection
7(6) of Section 112A-20 of the Code of Criminal Procedure of
81963 conflicts with an order issued pursuant to the Juvenile
9Court Act of 1987 or the Illinois Marriage and Dissolution of
10Marriage Act, the conflicting order issued under subsection
11(6) of Section 112A-20 of the Code of Criminal Procedure of
121963 shall be void.
13    (f) Circumstances. The court, when determining whether or
14not a violation of a protective order has occurred, shall not
15require physical manifestations of abuse on the person of the
16victim.
17    (g) Penalties.
18        (1) Except as provided in paragraph (3) of this
19    subsection (g), where the court finds the commission of a
20    crime or contempt of court under subsection (a) or (b) of
21    this Section, the penalty shall be the penalty that
22    generally applies in such criminal or contempt
23    proceedings, and may include one or more of the following:
24    incarceration, payment of restitution, a fine, payment of
25    attorneys' fees and costs, or community service.
26        (2) The court shall hear and take into account

 

 

HB0280 Engrossed- 9 -LRB103 03806 LNS 48812 b

1    evidence of any factors in aggravation or mitigation
2    before deciding an appropriate penalty under paragraph (1)
3    of this subsection (g).
4        (3) To the extent permitted by law, the court is
5    encouraged to:
6            (i) increase the penalty for the knowing violation
7        of any protective order over any penalty previously
8        imposed by any court for respondent's violation of any
9        protective order or penal statute involving petitioner
10        as victim and respondent as defendant;
11            (ii) impose a minimum penalty of 24 hours
12        imprisonment for respondent's first violation of any
13        protective order; and
14            (iii) impose a minimum penalty of 48 hours
15        imprisonment for respondent's second or subsequent
16        violation of a protective order
17    unless the court explicitly finds that an increased
18    penalty or that period of imprisonment would be manifestly
19    unjust.
20        (4) In addition to any other penalties imposed for a
21    violation of a protective order, a criminal court may
22    consider evidence of any violations of a protective order:
23            (i) to modify the conditions of pretrial release
24        on an underlying criminal charge pursuant to Section
25        110-6 of this Code;
26            (ii) to revoke or modify an order of probation,

 

 

HB0280 Engrossed- 10 -LRB103 03806 LNS 48812 b

1        conditional discharge, or supervision, pursuant to
2        Section 5-6-4 of the Unified Code of Corrections;
3            (iii) to revoke or modify a sentence of periodic
4        imprisonment, pursuant to Section 5-7-2 of the Unified
5        Code of Corrections.
6(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
7102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
87-28-23.)
 
9    Section 15. The Illinois Domestic Violence Act of 1986 is
10amended by changing Sections 205 and 222.5 as follows:
 
11    (750 ILCS 60/205)  (from Ch. 40, par. 2312-5)
12    Sec. 205. Application of rules of civil procedure;
13Domestic abuse advocates.
14    (a) Any proceeding to obtain, modify, reopen or appeal an
15order of protection, whether commenced alone or in conjunction
16with a civil or criminal proceeding, shall be governed by the
17rules of civil procedure of this State. The standard of proof
18in such a proceeding is proof by a preponderance of the
19evidence, whether the proceeding is heard in criminal or civil
20court. The Code of Civil Procedure and Supreme Court and local
21court rules applicable to civil proceedings, as now or
22hereafter amended, shall apply, except as otherwise provided
23by this law.
24    (b) (1) In all circuit court proceedings under this Act,

 

 

HB0280 Engrossed- 11 -LRB103 03806 LNS 48812 b

1domestic abuse advocates shall be allowed to attend and sit at
2counsel table and confer with the victim, unless otherwise
3directed by the court.
4    (2) In criminal proceedings in circuit courts, domestic
5abuse advocates shall be allowed to accompany the victim and
6confer with the victim, unless otherwise directed by the
7court.
8    (3) Court administrators shall allow domestic abuse
9advocates to assist victims of domestic violence in the
10preparation of petitions for orders of protection.
11    (4) Domestic abuse advocates are not engaged in the
12unauthorized practice of law when providing assistance of the
13types specified in this subsection (b).
14    (c) The Supreme Court of Illinois may adopt rules that
15promote the use of attorneys serving on a pro bono basis to
16represent victims under this Act.
17(Source: P.A. 87-1186; 87-1255; 88-45.)
 
18    (750 ILCS 60/222.5)
19    Sec. 222.5. Filing of an order of protection issued in
20another state or other jurisdiction.
21    (a) A person entitled to protection under an order of
22protection issued by the court of another state, tribe, or
23United States territory or military judge or by a military
24commander of the United States Armed Forces may file a
25certified copy of the order of protection with the clerk of the

 

 

HB0280 Engrossed- 12 -LRB103 03806 LNS 48812 b

1court in a judicial circuit in which the person believes that
2enforcement may be necessary.
3    (a-5) The Illinois National Guard shall file a certified
4copy of any military order of protection with the clerk of the
5court in a judicial circuit in which the person entitled to
6protection resides or if the person entitled to protection is
7not a State resident, in a judicial circuit in which it is
8believed that enforcement may be necessary.
9    (b) The clerk shall:
10        (1) treat the foreign order of protection, including,
11    but not limited to, an order of protection issued by a
12    military judge or by a military commander of the United
13    States Armed Forces, in the same manner as a judgment of
14    the circuit court for any county of this State in
15    accordance with the provisions of the Uniform Enforcement
16    of Foreign Judgments Act, except that the clerk shall not
17    mail notice of the filing of the foreign order to the
18    respondent named in the order; and
19        (2) on the same day that a foreign order of protection
20    is filed, file a certified copy of that order with the
21    sheriff or other law enforcement officials charged with
22    maintaining Illinois State Police records as set forth in
23    Section 222 of this Act.
24    (c) Neither residence in this State nor filing of a
25foreign order of protection, including, but not limited to, an
26order of protection issued by a military judge or by a military

 

 

HB0280 Engrossed- 13 -LRB103 03806 LNS 48812 b

1commander of the United States Armed Forces, shall be required
2for enforcement of the order by this State. Failure to file the
3foreign order shall not be an impediment to its treatment in
4all respects as an Illinois order of protection.
5    (d) The clerk shall not charge a fee to file a foreign
6order of protection under this Section.
7    (e) The sheriff shall inform the Illinois State Police as
8set forth in Section 302 of this Act.
9(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22;
10103-407, eff. 7-28-23.)