093_HB0206eng HB0206 Engrossed LRB093 04398 MKM 04448 b 1 AN ACT concerning domestic violence. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 112A-23 as follows: 6 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) 7 Sec. 112A-23. Enforcement of orders of protection. 8 (a) When violation is crime. A violation of any order of 9 protection, whether issued in a civil, quasi-criminal 10 proceeding, shallmaybe enforced by a criminal court when: 11 (1) The respondent commits the crime of violation 12 of an order of protection pursuant to Section 12-30 of 13 the Criminal Code of 1961, by having knowingly violated: 14 (i) remedies described in paragraphs (1), (2), 15 (3), (14), or (14.5) of subsection (b) of Section 16 112A-14, 17 (ii) a remedy, which is substantially similar 18 to the remedies authorized under paragraphs (1), 19 (2), (3), (14) or (14.5) of subsection (b) of 20 Section 214 of the Illinois Domestic Violence Act of 21 1986, in a valid order of protection, which is 22 authorized under the laws of another state, tribe or 23 United States territory, 24 (iii) or any other remedy when the act 25 constitutes a crime against the protected parties as 26 defined by the Criminal Code of 1961. 27 Prosecution for a violation of an order of protection 28 shall not bar concurrent prosecution for any other crime, 29 including any crime that may have been committed at the time 30 of the violation of the order of protection; or 31 (2) The respondent commits the crime of child HB0206 Engrossed -2- LRB093 04398 MKM 04448 b 1 abduction pursuant to Section 10-5 of the Criminal Code 2 of 1961, by having knowingly violated: 3 (i) remedies described in paragraphs (5), (6) 4 or (8) of subsection (b) of Section 112A-14, or 5 (ii) a remedy, which is substantially similar 6 to the remedies authorized under paragraphs (1), 7 (5), (6), or (8) of subsection (b) of Section 214 of 8 the Illinois Domestic Violence Act of 1986, in a 9 valid order of protection, which is authorized under 10 the laws of another state, tribe or United States 11 territory. 12 (b) When violation is contempt of court. A violation of 13 any valid order of protection, whether issued in a civil or 14 criminal proceeding, may be enforced through civil or 15 criminal contempt procedures, as appropriate, by any court 16 with jurisdiction, regardless where the act or acts which 17 violated the order of protection were committed, to the 18 extent consistent with the venue provisions of this Article. 19 Nothing in this Article shall preclude any Illinois court 20 from enforcing any valid order of protection issued in 21 another state. Illinois courts may enforce orders of 22 protection through both criminal prosecution and contempt 23 proceedings, unless the action which is second in time is 24 barred by collateral estoppel or the constitutional 25 prohibition against double jeopardy. 26 (1) In a contempt proceeding where the petition for 27 a rule to show cause sets forth facts evidencing an 28 immediate danger that the respondent will flee the 29 jurisdiction, conceal a child, or inflict physical abuse 30 on the petitioner or minor children or on dependent 31 adults in petitioner's care, the court may order the 32 attachment of the respondent without prior service of the 33 rule to show cause or the petition for a rule to show 34 cause. Bond shall be set unless specifically denied in HB0206 Engrossed -3- LRB093 04398 MKM 04448 b 1 writing. 2 (2) A petition for a rule to show cause for 3 violation of an order of protection shall be treated as 4 an expedited proceeding. 5 (c) Violation of custody or support orders. A violation 6 of remedies described in paragraphs (5), (6), (8), or (9) of 7 subsection (b) of Section 112A-14 may be enforced by any 8 remedy provided by Section 611 of the Illinois Marriage and 9 Dissolution of Marriage Act. The court may enforce any order 10 for support issued under paragraph (12) of subsection (b) of 11 Section 112A-14 in the manner provided for under Articles V 12 and VII of the Illinois Marriage and Dissolution of Marriage 13 Act. 14 (d) Actual knowledge. An order of protection may be 15 enforced pursuant to this Section if the respondent violates 16 the order after respondent has actual knowledge of its 17 contents as shown through one of the following means: 18 (1) By service, delivery, or notice under Section 19 112A-10. 20 (2) By notice under Section 112A-11. 21 (3) By service of an order of protection under 22 Section 112A-22. 23 (4) By other means demonstrating actual knowledge 24 of the contents of the order. 25 (e) The enforcement of an order of protection in civil 26 or criminal court shall not be affected by either of the 27 following: 28 (1) The existence of a separate, correlative order 29 entered under Section 112A-15. 30 (2) Any finding or order entered in a conjoined 31 criminal proceeding. 32 (f) Circumstances. The court, when determining whether 33 or not a violation of an order of protection has occurred, 34 shall not require physical manifestations of abuse on the HB0206 Engrossed -4- LRB093 04398 MKM 04448 b 1 person of the victim. 2 (g) Penalties. 3 (1) Except as provided in paragraph (3) of this 4 subsection, where the court finds the commission of a 5 crime or contempt of court under subsections (a) or (b) 6 of this Section, the penalty shall be the penalty that 7 generally applies in such criminal or contempt 8 proceedings, and may include one or more of the 9 following: incarceration, payment of restitution, a fine, 10 payment of attorneys' fees and costs, or community 11 service. 12 (2) The court shall hear and take into account 13 evidence of any factors in aggravation or mitigation 14 before deciding an appropriate penalty under paragraph 15 (1) of this subsection. 16 (3) To the extent permitted by law, the court is 17 encouraged to: 18 (i) increase the penalty for the knowing 19 violation of any order of protection over any 20 penalty previously imposed by any court for 21 respondent's violation of any order of protection or 22 penal statute involving petitioner as victim and 23 respondent as defendant; 24 (ii) impose a minimum penalty of 24 hours 25 imprisonment for respondent's first violation of any 26 order of protection; and 27 (iii) impose a minimum penalty of 48 hours 28 imprisonment for respondent's second or subsequent 29 violation of an order of protection 30 unless the court explicitly finds that an increased 31 penalty or that period of imprisonment would be 32 manifestly unjust. 33 (4) In addition to any other penalties imposed for 34 a violation of an order of protection, a criminal court HB0206 Engrossed -5- LRB093 04398 MKM 04448 b 1 may consider evidence of any violations of an order of 2 protection: 3 (i) to increase, revoke or modify the bail 4 bond on an underlying criminal charge pursuant to 5 Section 110-6; 6 (ii) to revoke or modify an order of 7 probation, conditional discharge or supervision, 8 pursuant to Section 5-6-4 of the Unified Code of 9 Corrections; 10 (iii) to revoke or modify a sentence of 11 periodic imprisonment, pursuant to Section 5-7-2 of 12 the Unified Code of Corrections. 13 (Source: P.A. 90-732, eff. 8-11-98.) 14 Section 10. The Illinois Domestic Violence Act of 1986 15 is amended by changing Section 223 as follows: 16 (750 ILCS 60/223) (from Ch. 40, par. 2312-23) 17 Sec. 223. Enforcement of orders of protection. 18 (a) When violation is crime. A violation of any order of 19 protection, whether issued in a civil or criminal proceeding, 20 shallmaybe enforced by a criminal court when: 21 (1) The respondent commits the crime of violation 22 of an order of protection pursuant to Section 12-30 of 23 the Criminal Code of 1961, by having knowingly violated: 24 (i) remedies described in paragraphs (1), (2), 25 (3), (14), or (14.5) of subsection (b) of Section 26 214 of this Act; or 27 (ii) a remedy, which is substantially similar 28 to the remedies authorized under paragraphs (1), 29 (2), (3), (14), and (14.5) of subsection (b) of 30 Section 214 of this Act, in a valid order of 31 protection which is authorized under the laws of 32 another state, tribe, or United States territory; or HB0206 Engrossed -6- LRB093 04398 MKM 04448 b 1 (iii) any other remedy when the act 2 constitutes a crime against the protected parties as 3 defined by the Criminal Code of 1961. 4 Prosecution for a violation of an order of 5 protection shall not bar concurrent prosecution for any 6 other crime, including any crime that may have been 7 committed at the time of the violation of the order of 8 protection; or 9 (2) The respondent commits the crime of child 10 abduction pursuant to Section 10-5 of the Criminal Code 11 of 1961, by having knowingly violated: 12 (i) remedies described in paragraphs (5), (6) 13 or (8) of subsection (b) of Section 214 of this Act; 14 or 15 (ii) a remedy, which is substantially similar 16 to the remedies authorized under paragraphs (5), 17 (6), or (8) of subsection (b) of Section 214 of this 18 Act, in a valid order of protection which is 19 authorized under the laws of another state, tribe, 20 or United States territory. 21 (b) When violation is contempt of court. A violation of 22 any valid Illinois order of protection, whether issued in a 23 civil or criminal proceeding, may be enforced through civil 24 or criminal contempt procedures, as appropriate, by any court 25 with jurisdiction, regardless where the act or acts which 26 violated the order of protection were committed, to the 27 extent consistent with the venue provisions of this Act. 28 Nothing in this Act shall preclude any Illinois court from 29 enforcing any valid order of protection issued in another 30 state. Illinois courts may enforce orders of protection 31 through both criminal prosecution and contempt proceedings, 32 unless the action which is second in time is barred by 33 collateral estoppel or the constitutional prohibition against 34 double jeopardy. HB0206 Engrossed -7- LRB093 04398 MKM 04448 b 1 (1) In a contempt proceeding where the petition for 2 a rule to show cause sets forth facts evidencing an 3 immediate danger that the respondent will flee the 4 jurisdiction, conceal a child, or inflict physical abuse 5 on the petitioner or minor children or on dependent 6 adults in petitioner's care, the court may order the 7 attachment of the respondent without prior service of the 8 rule to show cause or the petition for a rule to show 9 cause. Bond shall be set unless specifically denied in 10 writing. 11 (2) A petition for a rule to show cause for 12 violation of an order of protection shall be treated as 13 an expedited proceeding. 14 (c) Violation of custody or support orders. A violation 15 of remedies described in paragraphs (5), (6), (8), or (9) of 16 subsection (b) of Section 214 of this Act may be enforced by 17 any remedy provided by Section 611 of the Illinois Marriage 18 and Dissolution of Marriage Act. The court may enforce any 19 order for support issued under paragraph (12) of subsection 20 (b) of Section 214 in the manner provided for under Articles 21 V and VII of the Illinois Marriage and Dissolution of 22 Marriage Act. 23 (d) Actual knowledge. An order of protection may be 24 enforced pursuant to this Section if the respondent violates 25 the order after the respondent has actual knowledge of its 26 contents as shown through one of the following means: 27 (1) By service, delivery, or notice under Section 28 210. 29 (2) By notice under Section 210.1 or 211. 30 (3) By service of an order of protection under 31 Section 222. 32 (4) By other means demonstrating actual knowledge 33 of the contents of the order. 34 (e) The enforcement of an order of protection in civil HB0206 Engrossed -8- LRB093 04398 MKM 04448 b 1 or criminal court shall not be affected by either of the 2 following: 3 (1) The existence of a separate, correlative order, 4 entered under Section 215. 5 (2) Any finding or order entered in a conjoined 6 criminal proceeding. 7 (f) Circumstances. The court, when determining whether 8 or not a violation of an order of protection has occurred, 9 shall not require physical manifestations of abuse on the 10 person of the victim. 11 (g) Penalties. 12 (1) Except as provided in paragraph (3) of this 13 subsection, where the court finds the commission of a 14 crime or contempt of court under subsections (a) or (b) 15 of this Section, the penalty shall be the penalty that 16 generally applies in such criminal or contempt 17 proceedings, and may include one or more of the 18 following: incarceration, payment of restitution, a fine, 19 payment of attorneys' fees and costs, or community 20 service. 21 (2) The court shall hear and take into account 22 evidence of any factors in aggravation or mitigation 23 before deciding an appropriate penalty under paragraph 24 (1) of this subsection. 25 (3) To the extent permitted by law, the court is 26 encouraged to: 27 (i) increase the penalty for the knowing 28 violation of any order of protection over any 29 penalty previously imposed by any court for 30 respondent's violation of any order of protection or 31 penal statute involving petitioner as victim and 32 respondent as defendant; 33 (ii) impose a minimum penalty of 24 hours 34 imprisonment for respondent's first violation of any HB0206 Engrossed -9- LRB093 04398 MKM 04448 b 1 order of protection; and 2 (iii) impose a minimum penalty of 48 hours 3 imprisonment for respondent's second or subsequent 4 violation of an order of protection 5 unless the court explicitly finds that an increased 6 penalty or that period of imprisonment would be 7 manifestly unjust. 8 (4) In addition to any other penalties imposed for 9 a violation of an order of protection, a criminal court 10 may consider evidence of any violations of an order of 11 protection: 12 (i) to increase, revoke or modify the bail 13 bond on an underlying criminal charge pursuant to 14 Section 110-6 of the Code of Criminal Procedure of 15 1963; 16 (ii) to revoke or modify an order of 17 probation, conditional discharge or supervision, 18 pursuant to Section 5-6-4 of the Unified Code of 19 Corrections; 20 (iii) to revoke or modify a sentence of 21 periodic imprisonment, pursuant to Section 5-7-2 of 22 the Unified Code of Corrections. 23 (5) In addition to any other penalties, the court 24 shall impose an additional fine of $20 as authorized by 25 Section 5-9-1.11 of the Unified Code of Corrections upon 26 any person convicted of or placed on supervision for a 27 violation of an order of protection. The additional fine 28 shall be imposed for each violation of this Section. 29 (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)