093_HB0206ham001
LRB093 04398 MKM 12490 a
1 AMENDMENT TO HOUSE BILL 206
2 AMENDMENT NO. . Amend House Bill 206 by replacing
3 everything after the enacting clause with the following:
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, shall may be 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
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1 United States territory,
2 (iii) or any other remedy when the act
3 constitutes a crime against the protected parties as
4 defined by the Criminal Code of 1961.
5 Prosecution for a violation of an order of protection
6 shall not bar concurrent prosecution for any other crime,
7 including any crime that may have been committed at the time
8 of the violation of the order of 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 112A-14, or
14 (ii) a remedy, which is substantially similar
15 to the remedies authorized under paragraphs (1),
16 (5), (6), or (8) of subsection (b) of Section 214 of
17 the Illinois Domestic Violence Act of 1986, in a
18 valid order of protection, which is authorized under
19 the laws of another state, tribe or United States
20 territory.
21 (b) When violation is contempt of court. A violation of
22 any valid order of protection, whether issued in a civil or
23 criminal proceeding, may be enforced through civil or
24 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 Article.
28 Nothing in this Article shall preclude any Illinois court
29 from enforcing any valid order of protection issued in
30 another state. Illinois courts may enforce orders of
31 protection through both criminal prosecution and contempt
32 proceedings, unless the action which is second in time is
33 barred by collateral estoppel or the constitutional
34 prohibition against double jeopardy.
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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 112A-14 may be enforced by any
17 remedy provided by Section 611 of the Illinois Marriage and
18 Dissolution of Marriage Act. The court may enforce any order
19 for support issued under paragraph (12) of subsection (b) of
20 Section 112A-14 in the manner provided for under Articles V
21 and VII of the Illinois Marriage and Dissolution of Marriage
22 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 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 112A-10.
29 (2) By notice under Section 112A-11.
30 (3) By service of an order of protection under
31 Section 112A-22.
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
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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 112A-15.
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
-5- LRB093 04398 MKM 12490 a
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;
15 (ii) to revoke or modify an order of
16 probation, conditional discharge or supervision,
17 pursuant to Section 5-6-4 of the Unified Code of
18 Corrections;
19 (iii) to revoke or modify a sentence of
20 periodic imprisonment, pursuant to Section 5-7-2 of
21 the Unified Code of Corrections.
22 (Source: P.A. 90-732, eff. 8-11-98.)
23 Section 10. The Illinois Domestic Violence Act of 1986
24 is amended by changing Section 223 as follows:
25 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
26 Sec. 223. Enforcement of orders of protection.
27 (a) When violation is crime. A violation of any order of
28 protection, whether issued in a civil or criminal proceeding,
29 shall may be enforced by a criminal court when:
30 (1) The respondent commits the crime of violation
31 of an order of protection pursuant to Section 12-30 of
32 the Criminal Code of 1961, by having knowingly violated:
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1 (i) remedies described in paragraphs (1), (2),
2 (3), (14), or (14.5) of subsection (b) of Section
3 214 of this Act; or
4 (ii) a remedy, which is substantially similar
5 to the remedies authorized under paragraphs (1),
6 (2), (3), (14), and (14.5) of subsection (b) of
7 Section 214 of this Act, in a valid order of
8 protection which is authorized under the laws of
9 another state, tribe, or United States territory; or
10 (iii) any other remedy when the act
11 constitutes a crime against the protected parties as
12 defined by the Criminal Code of 1961.
13 Prosecution for a violation of an order of
14 protection shall not bar concurrent prosecution for any
15 other crime, including any crime that may have been
16 committed at the time of the violation of the order of
17 protection; or
18 (2) The respondent commits the crime of child
19 abduction pursuant to Section 10-5 of the Criminal Code
20 of 1961, by having knowingly violated:
21 (i) remedies described in paragraphs (5), (6)
22 or (8) of subsection (b) of Section 214 of this Act;
23 or
24 (ii) a remedy, which is substantially similar
25 to the remedies authorized under paragraphs (5),
26 (6), or (8) of subsection (b) of Section 214 of this
27 Act, in a valid order of protection which is
28 authorized under the laws of another state, tribe,
29 or United States territory.
30 (b) When violation is contempt of court. A violation of
31 any valid Illinois order of protection, whether issued in a
32 civil or criminal proceeding, may be enforced through civil
33 or criminal contempt procedures, as appropriate, by any court
34 with jurisdiction, regardless where the act or acts which
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1 violated the order of protection were committed, to the
2 extent consistent with the venue provisions of this Act.
3 Nothing in this Act shall preclude any Illinois court from
4 enforcing any valid order of protection issued in another
5 state. Illinois courts may enforce orders of protection
6 through both criminal prosecution and contempt proceedings,
7 unless the action which is second in time is barred by
8 collateral estoppel or the constitutional prohibition against
9 double jeopardy.
10 (1) In a contempt proceeding where the petition for
11 a rule to show cause sets forth facts evidencing an
12 immediate danger that the respondent will flee the
13 jurisdiction, conceal a child, or inflict physical abuse
14 on the petitioner or minor children or on dependent
15 adults in petitioner's care, the court may order the
16 attachment of the respondent without prior service of the
17 rule to show cause or the petition for a rule to show
18 cause. Bond shall be set unless specifically denied in
19 writing.
20 (2) A petition for a rule to show cause for
21 violation of an order of protection shall be treated as
22 an expedited proceeding.
23 (c) Violation of custody or support orders. A violation
24 of remedies described in paragraphs (5), (6), (8), or (9) of
25 subsection (b) of Section 214 of this Act may be enforced by
26 any remedy provided by Section 611 of the Illinois Marriage
27 and Dissolution of Marriage Act. The court may enforce any
28 order for support issued under paragraph (12) of subsection
29 (b) of Section 214 in the manner provided for under Articles
30 V and VII of the Illinois Marriage and Dissolution of
31 Marriage Act.
32 (d) Actual knowledge. An order of protection may be
33 enforced pursuant to this Section if the respondent violates
34 the order after the respondent has actual knowledge of its
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1 contents as shown through one of the following means:
2 (1) By service, delivery, or notice under Section
3 210.
4 (2) By notice under Section 210.1 or 211.
5 (3) By service of an order of protection under
6 Section 222.
7 (4) By other means demonstrating actual knowledge
8 of the contents of the order.
9 (e) The enforcement of an order of protection in civil
10 or criminal court shall not be affected by either of the
11 following:
12 (1) The existence of a separate, correlative order,
13 entered under Section 215.
14 (2) Any finding or order entered in a conjoined
15 criminal proceeding.
16 (f) Circumstances. The court, when determining whether
17 or not a violation of an order of protection has occurred,
18 shall not require physical manifestations of abuse on the
19 person of the victim.
20 (g) Penalties.
21 (1) Except as provided in paragraph (3) of this
22 subsection, where the court finds the commission of a
23 crime or contempt of court under subsections (a) or (b)
24 of this Section, the penalty shall be the penalty that
25 generally applies in such criminal or contempt
26 proceedings, and may include one or more of the
27 following: incarceration, payment of restitution, a fine,
28 payment of attorneys' fees and costs, or community
29 service.
30 (2) The court shall hear and take into account
31 evidence of any factors in aggravation or mitigation
32 before deciding an appropriate penalty under paragraph
33 (1) of this subsection.
34 (3) To the extent permitted by law, the court is
-9- LRB093 04398 MKM 12490 a
1 encouraged to:
2 (i) increase the penalty for the knowing
3 violation of any order of protection over any
4 penalty previously imposed by any court for
5 respondent's violation of any order of protection or
6 penal statute involving petitioner as victim and
7 respondent as defendant;
8 (ii) impose a minimum penalty of 24 hours
9 imprisonment for respondent's first violation of any
10 order of protection; and
11 (iii) impose a minimum penalty of 48 hours
12 imprisonment for respondent's second or subsequent
13 violation of an order of protection
14 unless the court explicitly finds that an increased
15 penalty or that period of imprisonment would be
16 manifestly unjust.
17 (4) In addition to any other penalties imposed for
18 a violation of an order of protection, a criminal court
19 may consider evidence of any violations of an order of
20 protection:
21 (i) to increase, revoke or modify the bail
22 bond on an underlying criminal charge pursuant to
23 Section 110-6 of the Code of Criminal Procedure of
24 1963;
25 (ii) to revoke or modify an order of
26 probation, conditional discharge or supervision,
27 pursuant to Section 5-6-4 of the Unified Code of
28 Corrections;
29 (iii) to revoke or modify a sentence of
30 periodic imprisonment, pursuant to Section 5-7-2 of
31 the Unified Code of Corrections.
32 (5) In addition to any other penalties, the court
33 shall impose an additional fine of $20 as authorized by
34 Section 5-9-1.11 of the Unified Code of Corrections upon
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1 any person convicted of or placed on supervision for a
2 violation of an order of protection. The additional fine
3 shall be imposed for each violation of this Section.
4 (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)".