093_HB3212

 
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 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  1.  Short  Title.  This  Act may be cited as the
 5    Uniform   Interstate   Enforcement    of    Domestic-Violence
 6    Protection Orders Act.

 7        Section 2.  Definitions. In this Act:
 8             (1)  "Foreign  protection  order" means a protection
 9        order issued by a tribunal of another state.
10             (2)  "Issuing state" means the state whose  tribunal
11        issues a protection order.
12             (3)  "Mutual   foreign  protection  order"  means  a
13        foreign protection  order  that  includes  provisions  in
14        favor   of   both   the   protected   individual  seeking
15        enforcement of the order and the respondent.
16             (4)  "Protected  individual"  means  an   individual
17        protected by a protection order.
18             (5)  "Protection order" means an injunction or other
19        order,  issued by a tribunal under the domestic-violence,
20        family-violence, or anti-stalking  laws  of  the  issuing
21        state,  to prevent an individual from engaging in violent
22        or threatening acts against, harassment  of,  contact  or
23        communication  with,  or  physical  proximity to, another
24        individual.
25             (6)  "Respondent" means the individual against  whom
26        enforcement of a protection order is sought.
27             (7)  "State" means a state of the United States, the
28        District  of  Columbia,  Puerto  Rico,  the United States
29        Virgin Islands, or any territory  or  insular  possession
30        subject  to  the  jurisdiction  of the United States. The
31        term  includes  an  Indian  tribe  or   band   that   has
 
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 1        jurisdiction to issue protection orders.
 2             (8)  "Tribunal"  means  a  court,  agency,  or other
 3        entity authorized by law to issue or modify a  protection
 4        order.

 5        Section 3.  Judicial Enforcement of Order.
 6        (a)  A person authorized by the law of this State to seek
 7    enforcement  of  a protection order may seek enforcement of a
 8    valid foreign protection order in a tribunal of  this  State.
 9    The  tribunal shall enforce the terms of the order, including
10    terms that provide relief that a tribunal of this State would
11    lack power to provide but  for  this  Section.  The  tribunal
12    shall  enforce  the  order, whether the order was obtained by
13    independent action or in another  proceeding,  if  it  is  an
14    order  issued in response to a complaint, petition, or motion
15    filed by or on behalf of an individual seeking protection. In
16    a proceeding to  enforce  a  foreign  protection  order,  the
17    tribunal  shall  follow  the procedures of this State for the
18    enforcement of protection orders.
19        (b)  A tribunal of this State may not enforce  a  foreign
20    protection  order  issued  by a tribunal of a state that does
21    not recognize the standing of a protected individual to  seek
22    enforcement of the order.
23        (c)  A   tribunal   of   this  State  shall  enforce  the
24    provisions of a valid foreign protection order  which  govern
25    custody and visitation, if the order was issued in accordance
26    with  the  jurisdictional requirements governing the issuance
27    of custody and visitation orders in the issuing state.
28        (d)  A foreign protection order is valid if it:
29             (1)  identifies the  protected  individual  and  the
30        respondent;
31             (2)  is currently in effect;
32             (3)  was  issued by a tribunal that had jurisdiction
33        over the parties and subject matter under the law of  the
 
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 1        issuing state; and
 2             (4)  was  issued  after  the  respondent  was  given
 3        reasonable  notice  and  had  an  opportunity to be heard
 4        before the tribunal issued the order or, in the  case  of
 5        an  order  ex  parte, the respondent was given notice and
 6        has had or will have an opportunity to be heard within  a
 7        reasonable  time  after the order was issued, in a manner
 8        consistent with the  rights  of  the  respondent  to  due
 9        process.
10        (e)  A  foreign  protection  order  valid  on its face is
11    prima facie evidence of its validity.
12        (f)  Absence of any of the criteria  for  validity  of  a
13    foreign  protection  order  is  an  affirmative defense in an
14    action seeking enforcement of the order.
15        (g)  A tribunal of this State may enforce provisions of a
16    mutual foreign protection order which favor a respondent only
17    if:
18             (1)  the respondent filed a written pleading seeking
19        a protection order  from  the  tribunal  of  the  issuing
20        state; and
21             (2)  the tribunal of the issuing state made specific
22        findings in favor of the respondent.

23        Section 4.  Nonjudicial Enforcement of Order.
24        (a)  A  law  enforcement  officer  of  this  State,  upon
25    determining  that  there  is probable cause to believe that a
26    valid foreign protection order exists and that the order  has
27    been  violated,  shall  enforce  the  order as if it were the
28    order  of  a  tribunal  of  this  State.  Presentation  of  a
29    protection  order  that   identifies   both   the   protected
30    individual  and the respondent and, on its face, is currently
31    in effect constitutes probable cause to believe that a  valid
32    foreign  protection  order  exists.  For the purposes of this
33    Section, the protection order may be inscribed on a  tangible
 
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 1    medium  or  may  have  been  stored in an electronic or other
 2    medium if it is retrievable in perceivable form. Presentation
 3    of a certified copy of a protection order is not required for
 4    enforcement.
 5        (b)  If a foreign protection order is  not  presented,  a
 6    law  enforcement  officer  of  this  State may consider other
 7    information in determining whether there is probable cause to
 8    believe that a valid foreign protection order exists.
 9        (c)  If  a  law  enforcement  officer   of   this   State
10    determines  that  an otherwise valid foreign protection order
11    cannot be  enforced  because  the  respondent  has  not  been
12    notified  or  served with the order, the officer shall inform
13    the respondent of the order,  make  a  reasonable  effort  to
14    serve the order upon the respondent, and allow the respondent
15    a  reasonable  opportunity  to  comply  with the order before
16    enforcing the order.
17        (d)  Registration or filing of an order in this State  is
18    not   required   for  the  enforcement  of  a  valid  foreign
19    protection order pursuant to this Act.

20        Section 5.  (Blank).

21        Section 6.  Immunity. This State or a local  governmental
22    agency,  or  a law enforcement officer, prosecuting attorney,
23    clerk of court, or any state or local  governmental  official
24    acting  in  an  official  capacity,  is immune from civil and
25    criminal liability for an act or omission arising out of  the
26    registration  or enforcement of a foreign protection order or
27    the detention or arrest of an alleged violator of  a  foreign
28    protection  order  if  the  act  or omission was done in good
29    faith in an effort to comply with this Act.

30        Section 7.  Other Remedies. A  protected  individual  who
31    pursues  remedies  under  this  Act  is  not  precluded  from
 
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 1    pursuing  other  legal  or  equitable  remedies  against  the
 2    respondent.

 3        Section  8.  Uniformity  of Application and Construction.
 4    In applying and construing this  Uniform  Act,  consideration
 5    must  be  given  to the need to promote uniformity of the law
 6    with respect to its subject matter among  states  that  enact
 7    it.

 8        Section 9.  Severability Clause. If any provision of this
 9    Act  or its application to any person or circumstance is held
10    invalid, the invalidity does not affect other  provisions  or
11    applications  of  this  Act which can be given effect without
12    the invalid provision or application, and  to  this  end  the
13    provisions of this Act are severable.

14        Section 10.  (Blank).

15        Section  11.  Transitional Provision. This Act applies to
16    protection orders issued before the effective  date  of  this
17    Act  and  to  continuing  actions  for enforcement of foreign
18    protection orders commenced before the effective date of this
19    Act. A request for enforcement of a foreign protection  order
20    made  on  or  after  the  effective  date  of  this  Act  for
21    violations of a foreign protection order occurring before the
22    effective date of this Act is governed by this Act.

23        Section  11.1.  The Code of Criminal Procedure of 1963 is
24    amended by changing Sections 110-10, 112A-22.5,  and  112A-28
25    as follows:

26        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
27        Sec. 110-10.  Conditions of bail bond.
28        (a)  If  a person is released prior to conviction, either
 
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 1    upon  payment  of  bail  security  or  on  his  or  her   own
 2    recognizance,  the  conditions of the bail bond shall be that
 3    he or she will:
 4             (1)  Appear to answer the charge in the court having
 5        jurisdiction on a day certain and thereafter  as  ordered
 6        by  the  court  until  discharged  or  final order of the
 7        court;
 8             (2)  Submit himself or herself  to  the  orders  and
 9        process of the court;
10             (3)  Not  depart  this  State  without  leave of the
11        court;
12             (4)  Not  violate  any  criminal  statute   of   any
13        jurisdiction;
14             (5)  At  a  time  and place designated by the court,
15        surrender all firearms in his or her possession to a  law
16        enforcement  officer  designated  by  the  court  to take
17        custody  of  and  impound  the  firearms  and  physically
18        surrender his or her Firearm Owner's Identification  Card
19        to  the  clerk of the circuit court  when the offense the
20        person has  been  charged  with  is  a  forcible  felony,
21        stalking,  aggravated  stalking,  domestic  battery,  any
22        violation  of  either  the Illinois Controlled Substances
23        Act or the Cannabis Control Act that is classified  as  a
24        Class  2  or  greater  felony, or any felony violation of
25        Article 24 of the Criminal Code of 1961; the  court  may,
26        however,  forgo the imposition of this condition when the
27        circumstances of the case clearly do not  warrant  it  or
28        when  its  imposition  would  be impractical; all legally
29        possessed firearms shall be returned to the  person  upon
30        that  person  completing a sentence for a conviction on a
31        misdemeanor domestic  battery,  upon  the  charges  being
32        dismissed,  or  if the person is found not guilty, unless
33        the finding of not guilty is by reason of insanity; and
34             (6)  At a time and place designated  by  the  court,
 
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 1        submit  to a psychological evaluation when the person has
 2        been charged with a violation of item (4)  of  subsection
 3        (a) of Section 24-1 of the Criminal Code of 1961 and that
 4        violation  occurred  in  a  school  or  in any conveyance
 5        owned, leased, or contracted by  a  school  to  transport
 6        students  to or from school or a school-related activity,
 7        or on any public way within 1,000 feet of  real  property
 8        comprising any school.
 9        Psychological   evaluations   ordered  pursuant  to  this
10    Section shall be completed promptly and made available to the
11    State, the defendant, and the court.  As a further  condition
12    of  bail under these circumstances, the court shall order the
13    defendant to refrain from entering upon the property  of  the
14    school, including any conveyance owned, leased, or contracted
15    by  a  school  to  transport  students to or from school or a
16    school-related activity, or on any public  way  within  1,000
17    feet of real property comprising any school.  Upon receipt of
18    the   psychological  evaluation,  either  the  State  or  the
19    defendant may request a change in  the  conditions  of  bail,
20    pursuant to Section 110-6 of this Code.  The court may change
21    the  conditions  of  bail  to  include a requirement that the
22    defendant follow the  recommendations  of  the  psychological
23    evaluation,  including undergoing psychiatric treatment.  The
24    conclusions  of  the   psychological   evaluation   and   any
25    statements   elicited   from   the   defendant   during   its
26    administration are not admissible as evidence of guilt during
27    the  course  of  any trial on the charged offense, unless the
28    defendant places his or her mental competency in issue.
29        (b)  The court may impose other conditions, such  as  the
30    following,  if  the  court  finds  that  such  conditions are
31    reasonably necessary to assure the defendant's appearance  in
32    court,  protect the public from the defendant, or prevent the
33    defendant's   unlawful   interference   with   the    orderly
34    administration of justice:
 
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 1             (1)  Report  to  or  appear  in  person  before such
 2        person or agency as the court may direct;
 3             (2)  Refrain from  possessing  a  firearm  or  other
 4        dangerous weapon;
 5             (3)  Refrain  from approaching or communicating with
 6        particular persons or classes of persons;
 7             (4)  Refrain  from  going   to   certain   described
 8        geographical areas or premises;
 9             (5)  Refrain  from engaging in certain activities or
10        indulging in intoxicating liquors or in certain drugs;
11             (6)  Undergo  treatment  for   drug   addiction   or
12        alcoholism;
13             (7)  Undergo medical or psychiatric treatment;
14             (8)  Work  or pursue a course of study or vocational
15        training;
16             (9)  Attend or reside in a  facility  designated  by
17        the court;
18             (10)  Support his or her dependents;
19             (11)  If  a minor resides with his or her parents or
20        in a foster home, attend school, attend a non-residential
21        program for youths, and contribute  to  his  or  her  own
22        support at home or in a foster home;
23             (12)  Observe any curfew ordered by the court;
24             (13)  Remain  in  the  custody  of  such  designated
25        person or organization agreeing to supervise his release.
26        Such  third  party  custodian  shall  be  responsible for
27        notifying the court if the defendant fails to observe the
28        conditions of release which the custodian has  agreed  to
29        monitor,  and  shall  be subject to contempt of court for
30        failure so to notify the court;
31             (14)  Be placed  under  direct  supervision  of  the
32        Pretrial  Services  Agency, Probation Department or Court
33        Services Department in a pretrial bond  home  supervision
34        capacity   with   or  without  the  use  of  an  approved
 
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 1        electronic monitoring device subject  to  Article  8A  of
 2        Chapter V of the Unified Code of Corrections;
 3             (14.1)  The  court shall impose upon a defendant who
 4        is charged  with  any  alcohol,  cannabis  or  controlled
 5        substance   violation   and   is   placed   under  direct
 6        supervision of the Pretrial  Services  Agency,  Probation
 7        Department  or  Court  Services  Department in a pretrial
 8        bond  home  supervision  capacity  with  the  use  of  an
 9        approved monitoring device, as a condition of  such  bail
10        bond,  a  fee  that  represents  costs  incidental to the
11        electronic  monitoring  for  each  day   of   such   bail
12        supervision   ordered   by   the   court,   unless  after
13        determining the inability of the  defendant  to  pay  the
14        fee,  the  court  assesses  a lesser fee or no fee as the
15        case may be.  The fee shall be collected by the clerk  of
16        the  circuit court.  The clerk of the circuit court shall
17        pay all monies collected from  this  fee  to  the  county
18        treasurer  for  deposit  in  the substance abuse services
19        fund under Section 5-1086.1 of the Counties Code;
20             (14.2)  The court shall impose upon all  defendants,
21        including  those  defendants  subject to paragraph (14.1)
22        above, placed under direct supervision  of  the  Pretrial
23        Services  Agency,  Probation Department or Court Services
24        Department in a pretrial bond home  supervision  capacity
25        with  the  use  of  an  approved  monitoring device, as a
26        condition of such bail bond, a fee which shall  represent
27        costs  incidental  to such electronic monitoring for each
28        day of such bail supervision ordered by the court, unless
29        after determining the inability of the defendant  to  pay
30        the fee, the court assesses a lesser fee or no fee as the
31        case  may be.  The fee shall be collected by the clerk of
32        the circuit court.  The clerk of the circuit court  shall
33        pay  all  monies  collected  from  this fee to the county
34        treasurer who shall use the monies  collected  to  defray
 
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 1        the  costs  of  corrections.   The county treasurer shall
 2        deposit the fee collected in the county working cash fund
 3        under Section 6-27001 or Section  6-29002 of the Counties
 4        Code, as the case may be;
 5             (14.3)  The Chief Judge of the Judicial Circuit  may
 6        establish   reasonable  fees  to  be  paid  by  a  person
 7        receiving pretrial services while under supervision of  a
 8        pretrial  services agency, probation department, or court
 9        services department. Reasonable fees may be  charged  for
10        pretrial services including, but not limited to, pretrial
11        supervision,  diversion  programs, electronic monitoring,
12        victim impact services, drug  and  alcohol  testing,  and
13        victim mediation services.  The person receiving pretrial
14        services  may  be  ordered to pay all costs incidental to
15        pretrial services in accordance with his or  her  ability
16        to pay those costs;
17             (15)  Comply  with  the  terms  and conditions of an
18        order  of  protection  issued  by  the  court  under  the
19        Illinois Domestic Violence  Act  of  1986  or  a  foreign
20        protection  order  (as  defined in the Uniform Interstate
21        Enforcement of Domestic-Violence Protection  Orders  Act)
22        an  order  of  protection  issued by the court of another
23        state, tribe, or United States territory;
24             (16)  Under  Section   110-6.5   comply   with   the
25        conditions of the drug testing program; and
26             (17)  Such  other reasonable conditions as the court
27        may impose.
28        (c)  When a person  is  charged  with  an  offense  under
29    Section   12-13,  12-14,  12-14.1,  12-15  or  12-16  of  the
30    "Criminal Code of 1961", involving a victim who  is  a  minor
31    under  18  years of age living in the same household with the
32    defendant at the time of the offense,  in  granting  bail  or
33    releasing  the  defendant  on his own recognizance, the judge
34    shall impose conditions to restrict the defendant's access to
 
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 1    the  victim  which  may  include,  but  are  not  limited  to
 2    conditions that he will:
 3             1.  Vacate the Household.
 4             2.  Make  payment  of  temporary  support   to   his
 5        dependents.
 6             3.  Refrain  from  contact or communication with the
 7        child victim, except as ordered by the court.
 8        (d)  When a person is charged with a criminal offense and
 9    the victim is a family or  household  member  as  defined  in
10    Article  112A, conditions shall be imposed at the time of the
11    defendant's release on bond  that  restrict  the  defendant's
12    access to the victim. Unless provided otherwise by the court,
13    the   restrictions   shall   include  requirements  that  the
14    defendant do the following:
15             (1)  refrain from contact or communication with  the
16        victim  for  a  minimum  period of 72 hours following the
17        defendant's release; and
18             (2)  refrain  from  entering  or  remaining  at  the
19        victim's residence for  a  minimum  period  of  72  hours
20        following the defendant's release.
21        (e)  Local   law   enforcement   agencies  shall  develop
22    standardized bond forms for use in cases involving family  or
23    household  members  as  defined  in  Article  112A, including
24    specific conditions of bond as provided  in  subsection  (d).
25    Failure  of  any law enforcement department to develop or use
26    those forms shall in  no  way  limit  the  applicability  and
27    enforcement of subsections (d) and (f).
28        (f)  If   the   defendant   is  admitted  to  bail  after
29    conviction the conditions of the bail bond shall be  that  he
30    will,  in addition to the conditions set forth in subsections
31    (a) and (b) hereof:
32             (1)  Duly prosecute his appeal;
33             (2)  Appear at such time and place as the court  may
34        direct;
 
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 1             (3)  Not  depart  this  State  without  leave of the
 2        court;
 3             (4)  Comply with such other reasonable conditions as
 4        the court may impose; and
 5             (5)  If  the  judgment  is  affirmed  or  the  cause
 6        reversed  and  remanded  for  a  new   trial,   forthwith
 7        surrender  to  the  officer  from  whose  custody  he was
 8        bailed.
 9        (g)  Upon a finding of guilty for any felony offense, the
10    defendant shall physically surrender, at  a  time  and  place
11    designated  by  the court, any and all firearms in his or her
12    possession and his or her Firearm Owner's Identification Card
13    as a condition of remaining on bond pending sentencing.
14    (Source: P.A.  91-11,  eff.  6-4-99;  91-312,  eff.   1-1-00;
15    91-696,  eff.  4-13-00;  91-903,  eff.  1-1-01;  92-329, eff.
16    8-9-01; 92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)

17        (725 ILCS 5/112A-22.5)
18        Sec. 112A-22.5.  Filing of a foreign protection order  an
19    order of protection issued in another state.
20        (a)  A  person  entitled  to  protection  under a foreign
21    protection  order  (as  defined  in  the  Uniform  Interstate
22    Enforcement of Domestic-Violence Protection  Orders  Act)  an
23    order  of  protection  issued  by the court of another state,
24    tribe, or United States territory may file a  certified  copy
25    of  the  foreign  order of protection order with the clerk of
26    the court in a judicial circuit in which the person  believes
27    that enforcement may be necessary.
28        (b)  The clerk shall:
29             (1)  treat  the foreign order of protection order in
30        the same manner as a judgment of the  circuit  court  for
31        any   county   of  this  State  in  accordance  with  the
32        provisions  of  the  Uniform   Enforcement   of   Foreign
33        Judgments  Act,  except  that  the  clerk  shall not mail
 
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 1        notice of the filing of the foreign protection  order  to
 2        the respondent named in the order; and
 3             (2)  on  the  same  day  that  a  foreign  order  of
 4        protection  order is filed, file a certified copy of that
 5        order with the sheriff or other law enforcement officials
 6        charged  with  maintaining  Department  of  State  Police
 7        records as set forth in Section 112A-22 of this Act.
 8        (c)  Neither residence in this  State  nor  filing  of  a
 9    foreign  order  of  protection  order  shall  be required for
10    enforcement of the order by this State.  Failure to file  the
11    foreign  order shall not be an impediment to its treatment in
12    all respects as an  Illinois  order  of  protection  nor  its
13    enforcement  under  the  Uniform  Interstate  Enforcement  of
14    Domestic-Violence Protection Orders Act.
15        (d)  The  clerk  shall not charge a fee to file a foreign
16    order of protection order under this Section.
17        (e)  The sheriff shall inform  the  Department  of  State
18    Police as set forth in Section 112A-28 of this Act.
19    (Source: P.A. 91-903, eff. 1-1-01.)

20        (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
21        Sec.   112A-28.  Data   maintenance  by  law  enforcement
22    agencies.
23        (a)  All sheriffs shall  furnish  to  the  Department  of
24    State  Police,  daily,  in the form and detail the Department
25    requires, copies of any recorded orders of protection  issued
26    by  the  court,  and  any foreign orders of protection orders
27    filed with by the clerk of the court, and transmitted to  the
28    sheriff  by the clerk of the court pursuant to subsection (b)
29    of Section 112A-22 of this Act. In this  Section,  "order  of
30    protection"  includes  an  order of protection issued in this
31    State and a foreign protection order filed with the clerk  of
32    the  court.  Each order of protection shall be entered in the
33    Law Enforcement Automated Data System on the same day  it  is
 
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 1    issued  by the court or filed with the clerk of the court. If
 2    an emergency order of protection  was  issued  in  accordance
 3    with  subsection  (c)  of Section 112A-17, the order shall be
 4    entered in the Law Enforcement Automated Data System as  soon
 5    as possible after receipt from the clerk.
 6        (b)  The  Department  of  State  Police  shall maintain a
 7    complete and systematic record and index  of  all  valid  and
 8    recorded  orders  of  protection  issued or filed pursuant to
 9    this Act.  The data shall be used to inform  all  dispatchers
10    and  law  enforcement  officers  at  the  scene of an alleged
11    incident of abuse or violation of an order of  protection  of
12    any  recorded  prior  incident  of abuse involving the abused
13    party and the effective dates and terms of any recorded order
14    of protection.
15        (c)  The data, records and  transmittals  required  under
16    this Section shall pertain to any valid emergency, interim or
17    plenary  order  of  protection,  whether issued in a civil or
18    criminal proceeding or issued by a tribunal as defined in the
19    Uniform   Interstate   Enforcement    of    Domestic-Violence
20    Protection  Orders  Act  authorized under the laws of another
21    state, tribe, or United States territory.
22    (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.)

23        Section 11.2.  The Unified Code of Corrections is amended
24    by changing Sections 3-3-7 and 5-6-3 as follows:

25        (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
26        Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
27    Release.
28        (a)  The conditions of  parole  or  mandatory  supervised
29    release  shall  be  such  as  the Prisoner Review Board deems
30    necessary to assist the  subject  in  leading  a  law-abiding
31    life. The conditions of every parole and mandatory supervised
32    release are that the subject:
 
                            -15-     LRB093 02461 WGH 02471 b
 1             (1)  not   violate   any  criminal  statute  of  any
 2        jurisdiction during the parole or release term;
 3             (2)  refrain from  possessing  a  firearm  or  other
 4        dangerous weapon;
 5             (3)  report   to  an  agent  of  the  Department  of
 6        Corrections;
 7             (4)  permit the agent to visit him or her at his  or
 8        her   home,   employment,  or  elsewhere  to  the  extent
 9        necessary for the agent to discharge his or her duties;
10             (5)  attend or reside in a facility established  for
11        the  instruction  or  residence  of  persons on parole or
12        mandatory supervised release;
13             (6)  secure permission before visiting or writing  a
14        committed person in an Illinois Department of Corrections
15        facility;
16             (7)  report   all   arrests   to  an  agent  of  the
17        Department of Corrections as soon  as  permitted  by  the
18        arresting  authority  but in no event later than 24 hours
19        after release from custody;
20             (8)  obtain permission of an agent of the Department
21        of Corrections before leaving the State of Illinois;
22             (9)  obtain permission of an agent of the Department
23        of Corrections before changing his or  her  residence  or
24        employment;
25             (10)  consent  to  a  search  of  his or her person,
26        property, or residence under his or her control;
27             (11)  refrain  from  the  use   or   possession   of
28        narcotics  or other controlled substances in any form, or
29        both, or any paraphernalia related  to  those  substances
30        and submit to a urinalysis test as instructed by a parole
31        agent of the Department of Corrections;
32             (12)  not    frequent    places   where   controlled
33        substances are  illegally  sold,  used,  distributed,  or
34        administered;
 
                            -16-     LRB093 02461 WGH 02471 b
 1             (13)  not  knowingly associate with other persons on
 2        parole or  mandatory  supervised  release  without  prior
 3        written  permission  of  his  or her parole agent and not
 4        associate with persons who are members  of  an  organized
 5        gang  as  that term is defined in the Illinois Streetgang
 6        Terrorism Omnibus Prevention Act;
 7             (14)  provide true and accurate information,  as  it
 8        relates  to  his or her adjustment in the community while
 9        on parole or mandatory supervised release or  to  his  or
10        her  conduct while incarcerated, in response to inquiries
11        by his or her  parole  agent  or  of  the  Department  of
12        Corrections; and
13             (15)  follow  any  specific instructions provided by
14        the parole agent  that  are  consistent  with  furthering
15        conditions  set and approved by the Prisoner Review Board
16        or  by  law,  exclusive  of   placement   on   electronic
17        detention,  to achieve the goals and objectives of his or
18        her parole or mandatory supervised release or to  protect
19        the public. These instructions by the parole agent may be
20        modified at any time, as the agent deems appropriate.
21        (b)  The  Board  may  in  addition  to  other  conditions
22    require that the subject:
23             (1)  work  or pursue a course of study or vocational
24        training;
25             (2)  undergo medical or  psychiatric  treatment,  or
26        treatment for drug addiction or alcoholism;
27             (3)  attend  or reside in a facility established for
28        the instruction or residence of persons on  probation  or
29        parole;
30             (4)  support his dependents;
31             (5)  (blank);
32             (6)  (blank);
33             (7)  comply  with  the  terms  and  conditions of an
34        order of  protection  issued  pursuant  to  the  Illinois
 
                            -17-     LRB093 02461 WGH 02471 b
 1        Domestic  Violence  Act  of  1986,  enacted  by  the 84th
 2        General Assembly,  or  a  foreign  protection  order  (as
 3        defined   in   the   Uniform  Interstate  Enforcement  of
 4        Domestic-Violence Protection  Orders  Act)  an  order  of
 5        protection  issued  by the court of another state, tribe,
 6        or United States territory;
 7             (8)  and in addition, if a minor:
 8                  (i)  reside with his parents  or  in  a  foster
 9             home;
10                  (ii)  attend school;
11                  (iii)  attend  a  non-residential  program  for
12             youth; or
13                  (iv)  contribute  to his own support at home or
14             in a foster home.
15        (c)  The conditions under which the parole  or  mandatory
16    supervised  release  is to be served shall be communicated to
17    the person in writing prior to his release, and he shall sign
18    the same before release. A signed copy of  these  conditions,
19    including a copy of an order of protection where one had been
20    issued by the criminal court, shall be retained by the person
21    and  another  copy  forwarded to the officer in charge of his
22    supervision.
23        (d)  After a hearing under Section  3-3-9,  the  Prisoner
24    Review   Board may modify or enlarge the conditions of parole
25    or mandatory supervised release.
26        (e)  The Department shall inform all offenders  committed
27    to  the Department of the optional services available to them
28    upon release and shall assist inmates in availing  themselves
29    of  such  optional services upon their release on a voluntary
30    basis.
31    (Source: P.A. 91-903, eff. 1-1-01; 92-460, eff. 1-1-02.)

32        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
33        Sec. 5-6-3.  Conditions of Probation and  of  Conditional
 
                            -18-     LRB093 02461 WGH 02471 b
 1    Discharge.
 2        (a)  The  conditions  of  probation  and  of  conditional
 3    discharge shall be that the person:
 4             (1)  not   violate   any  criminal  statute  of  any
 5        jurisdiction;
 6             (2)  report to  or  appear  in  person  before  such
 7        person or agency as directed by the court;
 8             (3)  refrain  from  possessing  a  firearm  or other
 9        dangerous weapon;
10             (4)  not leave the State without the consent of  the
11        court  or,  in  circumstances in which the reason for the
12        absence is of such an emergency nature that prior consent
13        by  the  court  is  not  possible,  without   the   prior
14        notification  and  approval  of  the  person's  probation
15        officer.  Transfer of a person's probation or conditional
16        discharge  supervision  to  another  state  is subject to
17        acceptance by the other state pursuant to the  Interstate
18        Compact for Adult Offender Supervision;
19             (5)  permit  the  probation  officer to visit him at
20        his  home  or  elsewhere  to  the  extent  necessary   to
21        discharge his duties;
22             (6)  perform  no  less  than  30  hours of community
23        service and not more than 120 hours of community service,
24        if community service is available in the jurisdiction and
25        is funded and approved by  the  county  board  where  the
26        offense  was  committed, where the offense was related to
27        or in  furtherance  of  the  criminal  activities  of  an
28        organized  gang  and  was  motivated  by  the  offender's
29        membership  in  or  allegiance to an organized gang.  The
30        community service shall include, but not be  limited  to,
31        the  cleanup  and  repair  of  any  damage  caused  by  a
32        violation  of Section 21-1.3 of the Criminal Code of 1961
33        and  similar  damage  to  property  located  within   the
34        municipality  or  county in which the violation occurred.
 
                            -19-     LRB093 02461 WGH 02471 b
 1        When  possible  and  reasonable,  the  community  service
 2        should be performed in the offender's neighborhood.   For
 3        purposes  of  this  Section,  "organized  gang"  has  the
 4        meaning  ascribed  to  it  in  Section 10 of the Illinois
 5        Streetgang Terrorism Omnibus Prevention Act;
 6             (7)  if he or she is at least 17 years  of  age  and
 7        has  been sentenced to probation or conditional discharge
 8        for a misdemeanor or felony in a county of  3,000,000  or
 9        more inhabitants and has not been previously convicted of
10        a   misdemeanor   or  felony,  may  be  required  by  the
11        sentencing court to attend educational  courses  designed
12        to prepare the defendant for a high school diploma and to
13        work  toward  a  high  school  diploma  or to work toward
14        passing the high school level Test of General Educational
15        Development  (GED)  or  to  work  toward   completing   a
16        vocational  training  program approved by the court.  The
17        person on probation or conditional discharge must  attend
18        a   public   institution   of  education  to  obtain  the
19        educational  or  vocational  training  required  by  this
20        clause (7).  The court  shall  revoke  the  probation  or
21        conditional  discharge  of a person who wilfully fails to
22        comply with this clause (7).  The person on probation  or
23        conditional  discharge  shall  be required to pay for the
24        cost of the educational courses or GED test, if a fee  is
25        charged  for  those  courses  or  test.   The court shall
26        resentence the offender whose  probation  or  conditional
27        discharge  has been revoked as provided in Section 5-6-4.
28        This clause (7)  does not apply to a  person  who  has  a
29        high  school  diploma  or has successfully passed the GED
30        test. This clause (7)  does not apply to a person who  is
31        determined by the court to be developmentally disabled or
32        otherwise    mentally   incapable   of   completing   the
33        educational or vocational program;
34             (8)  if  convicted  of  possession  of  a  substance
 
                            -20-     LRB093 02461 WGH 02471 b
 1        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 2        Controlled Substances Act after a previous conviction  or
 3        disposition  of supervision for possession of a substance
 4        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 5        Controlled  Substances  Act  or  after  a   sentence   of
 6        probation under Section 10 of the Cannabis Control Act or
 7        Section 410 of the Illinois Controlled Substances Act and
 8        upon  a finding by the court that the person is addicted,
 9        undergo treatment at a substance abuse  program  approved
10        by the court; and
11             (9)  if  convicted of a felony, physically surrender
12        at a time and place designated by the court, his  or  her
13        Firearm  Owner's  Identification  Card  and  any  and all
14        firearms in his or her possession.
15        (b)  The  Court  may  in  addition  to  other  reasonable
16    conditions relating to the  nature  of  the  offense  or  the
17    rehabilitation  of  the  defendant  as  determined  for  each
18    defendant  in the proper discretion of the Court require that
19    the person:
20             (1)  serve a term  of  periodic  imprisonment  under
21        Article  7  for  a period not to exceed that specified in
22        paragraph (d)  of Section 5-7-1;
23             (2)  pay a fine and costs;
24             (3)  work or pursue a course of study or  vocational
25        training;
26             (4)  undergo  medical,  psychological or psychiatric
27        treatment; or treatment for drug addiction or alcoholism;
28             (5)  attend or reside in a facility established  for
29        the instruction or residence of defendants on probation;
30             (6)  support his dependents;
31             (7)  and in addition, if a minor:
32                  (i)  reside  with  his  parents  or in a foster
33             home;
34                  (ii)  attend school;
 
                            -21-     LRB093 02461 WGH 02471 b
 1                  (iii)  attend  a  non-residential  program  for
 2             youth;
 3                  (iv)  contribute to his own support at home  or
 4             in a foster home;
 5                  (v)  with  the consent of the superintendent of
 6             the facility, attend an  educational  program  at  a
 7             facility  other than the school in which the offense
 8             was committed if he or she is convicted of  a  crime
 9             of  violence  as  defined  in Section 2 of the Crime
10             Victims Compensation Act committed in a  school,  on
11             the  real  property  comprising  a school, or within
12             1,000 feet of the real property comprising a school;
13             (8)  make restitution as provided in  Section  5-5-6
14        of this Code;
15             (9)  perform  some  reasonable  public  or community
16        service;
17             (10)  serve a term of home confinement.  In addition
18        to  any  other  applicable  condition  of  probation   or
19        conditional discharge, the conditions of home confinement
20        shall be that the offender:
21                  (i)  remain within the interior premises of the
22             place  designated  for  his  confinement  during the
23             hours designated by the court;
24                  (ii)  admit any person or agent  designated  by
25             the  court  into the offender's place of confinement
26             at any time for purposes of verifying the offender's
27             compliance with the conditions of  his  confinement;
28             and
29                  (iii)  if further deemed necessary by the court
30             or  the  Probation  or Court Services Department, be
31             placed on an approved electronic monitoring  device,
32             subject to Article 8A of Chapter V;
33                  (iv)  for  persons  convicted  of  any alcohol,
34             cannabis or controlled substance violation  who  are
 
                            -22-     LRB093 02461 WGH 02471 b
 1             placed   on  an  approved  monitoring  device  as  a
 2             condition of probation or conditional discharge, the
 3             court shall impose a reasonable fee for each day  of
 4             the  use of the device, as established by the county
 5             board in subsection  (g)  of  this  Section,  unless
 6             after  determining  the inability of the offender to
 7             pay the fee, the court assesses a lesser fee  or  no
 8             fee as the case may be. This fee shall be imposed in
 9             addition  to  the  fees  imposed  under  subsections
10             (g)  and  (i)  of  this  Section.  The  fee shall be
11             collected by the clerk of the  circuit  court.   The
12             clerk  of  the  circuit  court  shall pay all monies
13             collected from this fee to the county treasurer  for
14             deposit  in  the substance abuse services fund under
15             Section 5-1086.1 of the Counties Code; and
16                  (v)  for persons convicted  of  offenses  other
17             than  those referenced in clause (iv)  above and who
18             are placed on an approved  monitoring  device  as  a
19             condition of probation or conditional discharge, the
20             court  shall impose a reasonable fee for each day of
21             the use of the device, as established by the  county
22             board  in  subsection  (g)  of  this Section, unless
23             after determining the inability of the defendant  to
24             pay  the  fee, the court assesses a lesser fee or no
25             fee as the case may be.  This fee shall  be  imposed
26             in  addition  to  the fees imposed under subsections
27             (g)  and (i)  of this Section.   The  fee  shall  be
28             collected  by  the  clerk of the circuit court.  The
29             clerk of the circuit  court  shall  pay  all  monies
30             collected  from this fee to the county treasurer who
31             shall use the monies collected to defray  the  costs
32             of  corrections.  The county treasurer shall deposit
33             the fee collected in the county  working  cash  fund
34             under  Section  6-27001  or  Section  6-29002 of the
 
                            -23-     LRB093 02461 WGH 02471 b
 1             Counties Code, as the case may be.
 2             (11)  comply with the terms  and  conditions  of  an
 3        order  of  protection issued by the court pursuant to the
 4        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
 5        hereafter amended, or  a  foreign  protection  order  (as
 6        defined   in   the   Uniform  Interstate  Enforcement  of
 7        Domestic-Violence Protection  Orders  Act)  an  order  of
 8        protection  issued  by the court of another state, tribe,
 9        or United States  territory.  A  copy  of  the  order  of
10        protection   or   foreign   protection   order  shall  be
11        transmitted to the probation  officer  or  agency  having
12        responsibility for the case;
13             (12)  reimburse  any  "local  anti-crime program" as
14        defined in Section 7 of the Anti-Crime  Advisory  Council
15        Act  for  any reasonable expenses incurred by the program
16        on the offender's case, not to exceed the maximum  amount
17        of  the  fine  authorized  for  the offense for which the
18        defendant was sentenced;
19             (13)  contribute a reasonable sum of money,  not  to
20        exceed  the maximum amount of the fine authorized for the
21        offense for which  the  defendant  was  sentenced,  to  a
22        "local  anti-crime  program",  as defined in Section 7 of
23        the Anti-Crime Advisory Council Act;
24             (14)  refrain  from  entering  into   a   designated
25        geographic area except upon such terms as the court finds
26        appropriate.  Such terms may include consideration of the
27        purpose of the entry, the  time  of  day,  other  persons
28        accompanying  the  defendant,  and  advance approval by a
29        probation officer, if the defendant has  been  placed  on
30        probation  or  advance  approval  by  the  court,  if the
31        defendant was placed on conditional discharge;
32             (15)  refrain from having any contact,  directly  or
33        indirectly,  with certain specified persons or particular
34        types of persons, including but not limited to members of
 
                            -24-     LRB093 02461 WGH 02471 b
 1        street gangs and drug users or dealers;
 2             (16)  refrain from having in his  or  her  body  the
 3        presence  of  any illicit drug prohibited by the Cannabis
 4        Control Act or the Illinois  Controlled  Substances  Act,
 5        unless  prescribed  by a physician, and submit samples of
 6        his or her blood or urine or both for tests to  determine
 7        the presence of any illicit drug.
 8        (c)  The  court  may  as  a  condition of probation or of
 9    conditional discharge require that a person under 18 years of
10    age found guilty  of  any  alcohol,  cannabis  or  controlled
11    substance   violation,  refrain  from  acquiring  a  driver's
12    license  during  the  period  of  probation  or   conditional
13    discharge.   If  such  person is in possession of a permit or
14    license, the court may require that the  minor  refrain  from
15    driving  or  operating any motor vehicle during the period of
16    probation  or  conditional  discharge,  except  as   may   be
17    necessary in the course of the minor's lawful employment.
18        (d)  An offender sentenced to probation or to conditional
19    discharge  shall  be  given  a  certificate setting forth the
20    conditions thereof.
21        (e)  Except where the offender has committed a fourth  or
22    subsequent  violation  of subsection (c)  of Section 6-303 of
23    the Illinois Vehicle Code, the court shall not require  as  a
24    condition   of  the  sentence  of  probation  or  conditional
25    discharge that the offender  be  committed  to  a  period  of
26    imprisonment  in excess of 6 months. This 6 month limit shall
27    not include  periods  of  confinement  given  pursuant  to  a
28    sentence   of   county  impact  incarceration  under  Section
29    5-8-1.2. This 6 month  limit  does  not  apply  to  a  person
30    sentenced  to  probation  as  a  result  of a conviction of a
31    fourth or subsequent violation of subsection (c-4) of Section
32    11-501 of the Illinois Vehicle Code or a similar provision of
33    a local ordinance.
34        Persons committed  to  imprisonment  as  a  condition  of
 
                            -25-     LRB093 02461 WGH 02471 b
 1    probation  or conditional discharge shall not be committed to
 2    the Department of Corrections.
 3        (f)  The  court  may  combine  a  sentence  of   periodic
 4    imprisonment under Article 7 or a sentence to a county impact
 5    incarceration  program  under  Article  8  with a sentence of
 6    probation or conditional discharge.
 7        (g)  An offender sentenced to probation or to conditional
 8    discharge  and  who  during  the  term  of  either  undergoes
 9    mandatory drug or alcohol testing, or both, or is assigned to
10    be placed on an approved electronic monitoring device,  shall
11    be ordered to pay all costs incidental to such mandatory drug
12    or alcohol testing, or both, and all costs incidental to such
13    approved   electronic   monitoring  in  accordance  with  the
14    defendant's ability to pay those  costs.   The  county  board
15    with  the  concurrence  of  the  Chief  Judge of the judicial
16    circuit in  which  the  county  is  located  shall  establish
17    reasonable  fees  for  the  cost of maintenance, testing, and
18    incidental expenses related to the mandatory drug or  alcohol
19    testing,  or  both,  and  all  costs  incidental  to approved
20    electronic monitoring, involved  in  a  successful  probation
21    program  for  the county.  The concurrence of the Chief Judge
22    shall be in the form of an  administrative  order.  The  fees
23    shall  be  collected  by the clerk of the circuit court.  The
24    clerk of the circuit court shall  pay  all  moneys  collected
25    from  these  fees  to  the county treasurer who shall use the
26    moneys collected to defray the costs of drug testing, alcohol
27    testing, and  electronic  monitoring.  The  county  treasurer
28    shall  deposit  the fees collected in the county working cash
29    fund under Section 6-27001 or Section 6-29002 of the Counties
30    Code, as the case may be.
31        (h)  Jurisdiction over an  offender  may  be  transferred
32    from  the  sentencing  court  to the court of another circuit
33    with the concurrence of both courts.   Further  transfers  or
34    retransfers  of  jurisdiction are also authorized in the same
 
                            -26-     LRB093 02461 WGH 02471 b
 1    manner.  The court to which jurisdiction has been transferred
 2    shall have the same powers as the sentencing court.
 3        (i)  The court shall impose upon an offender sentenced to
 4    probation after January 1, 1989 or to  conditional  discharge
 5    after  January  1,  1992, as a condition of such probation or
 6    conditional discharge,  a  fee  of  $25  for  each  month  of
 7    probation or conditional discharge supervision ordered by the
 8    court,  unless  after determining the inability of the person
 9    sentenced to probation or conditional discharge  to  pay  the
10    fee,  the  court  assesses  a  lesser  fee. The court may not
11    impose the fee on a minor who is made a  ward  of  the  State
12    under  the  Juvenile  Court Act of 1987 while the minor is in
13    placement. The fee shall be imposed only upon an offender who
14    is actively supervised by the probation  and  court  services
15    department.   The  fee shall be collected by the clerk of the
16    circuit court.  The clerk of the circuit court shall pay  all
17    monies  collected  from  this fee to the county treasurer for
18    deposit in  the  probation  and  court  services  fund  under
19    Section 15.1 of the Probation and Probation Officers Act.
20        (j)  All  fines  and costs imposed under this Section for
21    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
22    Vehicle  Code,  or  a similar provision of a local ordinance,
23    and any violation of the Child Passenger Protection Act, or a
24    similar provision of a local ordinance,  shall  be  collected
25    and  disbursed by the circuit clerk as provided under Section
26    27.5 of the Clerks of Courts Act.
27    (Source: P.A. 91-325, eff.  7-29-99;  91-696,  eff.  4-13-00;
28    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-340,  eff.
29    8-10-01;  92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571,
30    eff. 6-26-02; 92-651, eff. 7-11-02.)

31        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
32        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
33        (a)  When a defendant is placed on supervision, the court
 
                            -27-     LRB093 02461 WGH 02471 b
 1    shall enter an order for supervision specifying the period of
 2    such supervision, and shall defer further proceedings in  the
 3    case until the conclusion of the period.
 4        (b)  The  period of supervision shall be reasonable under
 5    all of the circumstances of the case, but may not  be  longer
 6    than  2  years,  unless  the  defendant has failed to pay the
 7    assessment required by Section 10.3 of the  Cannabis  Control
 8    Act  or  Section  411.2 of the Illinois Controlled Substances
 9    Act, in which case the court may extend supervision beyond  2
10    years.  Additionally,  the court shall order the defendant to
11    perform no less than 30 hours of community  service  and  not
12    more  than  120  hours  of  community  service,  if community
13    service is available in the jurisdiction and  is  funded  and
14    approved by the county board where the offense was committed,
15    when  the offense (1) was related to or in furtherance of the
16    criminal activities of an organized gang or was motivated  by
17    the  defendant's  membership in or allegiance to an organized
18    gang; or (2) is a violation of any Section of Article  24  of
19    the  Criminal Code of 1961 where a disposition of supervision
20    is not prohibited  by  Section  5-6-1  of  this  Code.    The
21    community  service  shall include, but not be limited to, the
22    cleanup and repair of  any  damage  caused  by  violation  of
23    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
24    damages to property located within the municipality or county
25    in  which  the  violation  occurred.   Where   possible   and
26    reasonable,  the community service should be performed in the
27    offender's neighborhood.
28        For the purposes of this Section,  "organized  gang"  has
29    the  meaning  ascribed  to  it  in Section 10 of the Illinois
30    Streetgang Terrorism Omnibus Prevention Act.
31        (c)  The  court  may  in  addition  to  other  reasonable
32    conditions relating to the  nature  of  the  offense  or  the
33    rehabilitation  of  the  defendant  as  determined  for  each
34    defendant  in the proper discretion of the court require that
 
                            -28-     LRB093 02461 WGH 02471 b
 1    the person:
 2             (1)  make a report to and appear in person before or
 3        participate with the court or  such  courts,  person,  or
 4        social  service  agency  as  directed by the court in the
 5        order of supervision;
 6             (2)  pay a fine and costs;
 7             (3)  work or pursue a course of study or  vocational
 8        training;
 9             (4)  undergo  medical,  psychological or psychiatric
10        treatment; or treatment for drug addiction or alcoholism;
11             (5)  attend or reside in a facility established  for
12        the instruction or residence of defendants on probation;
13             (6)  support his dependents;
14             (7)  refrain  from  possessing  a  firearm  or other
15        dangerous weapon;
16             (8)  and in addition, if a minor:
17                  (i)  reside with his parents  or  in  a  foster
18             home;
19                  (ii)  attend school;
20                  (iii)  attend  a  non-residential  program  for
21             youth;
22                  (iv)  contribute  to his own support at home or
23             in a foster home; or
24                  (v)  with the consent of the superintendent  of
25             the  facility,  attend  an  educational program at a
26             facility other than the school in which the  offense
27             was  committed if he or she is placed on supervision
28             for a crime of violence as defined in Section  2  of
29             the  Crime  Victims  Compensation Act committed in a
30             school, on the real property comprising a school, or
31             within 1,000 feet of the real property comprising  a
32             school;
33             (9)  make restitution or reparation in an amount not
34        to exceed actual loss or damage to property and pecuniary
 
                            -29-     LRB093 02461 WGH 02471 b
 1        loss  or  make  restitution  under  Section  5-5-6  to  a
 2        domestic violence shelter.  The court shall determine the
 3        amount and conditions of payment;
 4             (10)  perform  some  reasonable  public or community
 5        service;
 6             (11)  comply with the terms  and  conditions  of  an
 7        order  of  protection issued by the court pursuant to the
 8        Illinois Domestic Violence  Act  of  1986  or  a  foreign
 9        protection  order  (as  defined in the Uniform Interstate
10        Enforcement of Domestic-Violence Protection  Orders  Act)
11        an  order  of  protection  issued by the court of another
12        state, tribe, or United States territory.  If  the  court
13        has  ordered the defendant to make a report and appear in
14        person under paragraph (1) of this subsection, a copy  of
15        the order of protection or foreign protection order shall
16        be  transmitted  to the person or agency so designated by
17        the court;
18             (12)  reimburse any "local  anti-crime  program"  as
19        defined  in  Section 7 of the Anti-Crime Advisory Council
20        Act for any reasonable expenses incurred by  the  program
21        on  the offender's case, not to exceed the maximum amount
22        of the fine authorized for  the  offense  for  which  the
23        defendant was sentenced;
24             (13)  contribute  a  reasonable sum of money, not to
25        exceed the maximum amount of the fine authorized for  the
26        offense  for  which  the  defendant  was  sentenced, to a
27        "local anti-crime program", as defined in  Section  7  of
28        the Anti-Crime Advisory Council Act;
29             (14)  refrain   from   entering  into  a  designated
30        geographic area except upon such terms as the court finds
31        appropriate.  Such terms may include consideration of the
32        purpose of the entry, the  time  of  day,  other  persons
33        accompanying  the  defendant,  and  advance approval by a
34        probation officer;
 
                            -30-     LRB093 02461 WGH 02471 b
 1             (15)  refrain from having any contact,  directly  or
 2        indirectly,  with certain specified persons or particular
 3        types of person, including but not limited to members  of
 4        street gangs and drug users or dealers;
 5             (16)  refrain  from  having  in  his or her body the
 6        presence of any illicit drug prohibited by  the  Cannabis
 7        Control  Act  or  the Illinois Controlled Substances Act,
 8        unless prescribed by a physician, and submit  samples  of
 9        his  or her blood or urine or both for tests to determine
10        the presence of any illicit drug;
11             (17)  refrain from operating any motor  vehicle  not
12        equipped  with an ignition interlock device as defined in
13        Section 1-129.1 of the Illinois Vehicle Code.  Under this
14        condition the court may allow  a  defendant  who  is  not
15        self-employed   to   operate   a  vehicle  owned  by  the
16        defendant's  employer  that  is  not  equipped  with   an
17        ignition  interlock device in the course and scope of the
18        defendant's employment.
19        (d)  The court shall defer entering any judgment  on  the
20    charges until the conclusion of the supervision.
21        (e)  At  the  conclusion of the period of supervision, if
22    the court determines  that  the  defendant  has  successfully
23    complied with all of the conditions of supervision, the court
24    shall discharge the defendant and enter a judgment dismissing
25    the charges.
26        (f)  Discharge and dismissal upon a successful conclusion
27    of  a  disposition  of  supervision  shall  be deemed without
28    adjudication of guilt and shall not be  termed  a  conviction
29    for  purposes  of disqualification or disabilities imposed by
30    law  upon  conviction  of  a  crime.   Two  years  after  the
31    discharge  and  dismissal  under  this  Section,  unless  the
32    disposition of supervision was for a  violation  of  Sections
33    3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
34    Vehicle Code or a similar provision of a local ordinance,  or
 
                            -31-     LRB093 02461 WGH 02471 b
 1    for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
 2    Code of 1961, in  which  case  it  shall  be  5  years  after
 3    discharge  and  dismissal,  a  person  may have his record of
 4    arrest  sealed  or  expunged  as  may  be  provided  by  law.
 5    However, any defendant placed on supervision  before  January
 6    1,  1980,  may  move for sealing or expungement of his arrest
 7    record, as provided by law, at any time after  discharge  and
 8    dismissal  under this Section. A person placed on supervision
 9    for a sexual offense committed against a minor as defined  in
10    subsection  (g)  of  Section 5 of the Criminal Identification
11    Act or for a violation of  Section  11-501  of  the  Illinois
12    Vehicle  Code  or  a  similar  provision of a local ordinance
13    shall not  have  his  or  her  record  of  arrest  sealed  or
14    expunged.
15        (g)  A defendant placed on supervision and who during the
16    period  of  supervision  undergoes  mandatory drug or alcohol
17    testing, or both, or is assigned to be placed on an  approved
18    electronic  monitoring  device,  shall  be ordered to pay the
19    costs incidental to such mandatory drug or  alcohol  testing,
20    or  both,  and  costs  incidental to such approved electronic
21    monitoring in accordance with the defendant's ability to  pay
22    those  costs.  The  county  board with the concurrence of the
23    Chief Judge of the judicial circuit in which  the  county  is
24    located  shall  establish  reasonable  fees  for  the cost of
25    maintenance, testing, and incidental expenses related to  the
26    mandatory  drug  or  alcohol  testing, or both, and all costs
27    incidental  to  approved  electronic   monitoring,   of   all
28    defendants  placed  on  supervision.  The  concurrence of the
29    Chief Judge shall be in the form of an administrative  order.
30    The  fees  shall  be  collected  by  the clerk of the circuit
31    court.  The clerk of the circuit court shall pay  all  moneys
32    collected  from  these fees to the county treasurer who shall
33    use the moneys collected to defray the costs of drug testing,
34    alcohol  testing,  and  electronic  monitoring.  The   county
 
                            -32-     LRB093 02461 WGH 02471 b
 1    treasurer  shall  deposit  the  fees  collected in the county
 2    working cash fund under Section 6-27001 or Section 6-29002 of
 3    the Counties Code, as the case may be.
 4        (h)  A disposition of supervision is a  final  order  for
 5    the purposes of appeal.
 6        (i)  The  court  shall  impose upon a defendant placed on
 7    supervision  after  January  1,  1992,  as  a  condition   of
 8    supervision,  a  fee  of  $25  for  each month of supervision
 9    ordered by the court, unless after determining the  inability
10    of the person placed on supervision to pay the fee, the court
11    assesses  a lesser fee. The court may not impose the fee on a
12    minor who is made a ward of  the  State  under  the  Juvenile
13    Court  Act  of  1987 while the minor is in placement. The fee
14    shall be imposed  only  upon  a  defendant  who  is  actively
15    supervised  by  the  probation and court services department.
16    The fee shall be collected by the clerk of the circuit court.
17    The clerk of the circuit court shall pay all monies collected
18    from this fee to the county  treasurer  for  deposit  in  the
19    probation and court services fund pursuant to Section 15.1 of
20    the Probation and Probation Officers Act.
21        (j)  All  fines  and costs imposed under this Section for
22    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
23    Vehicle  Code,  or  a similar provision of a local ordinance,
24    and any violation of the Child Passenger Protection Act, or a
25    similar provision of a local ordinance,  shall  be  collected
26    and  disbursed by the circuit clerk as provided under Section
27    27.5 of the Clerks of Courts Act.
28        (k)  A defendant at least 17 years of age who  is  placed
29    on  supervision for a misdemeanor in a county of 3,000,000 or
30    more inhabitants and who has not been previously convicted of
31    a misdemeanor or felony may as a  condition  of  his  or  her
32    supervision  be  required  by the court to attend educational
33    courses designed to prepare the defendant for a  high  school
34    diploma  and  to work toward a high school diploma or to work
 
                            -33-     LRB093 02461 WGH 02471 b
 1    toward  passing  the  high  school  level  Test  of   General
 2    Educational  Development (GED) or to work toward completing a
 3    vocational training  program  approved  by  the  court.   The
 4    defendant   placed   on  supervision  must  attend  a  public
 5    institution  of  education  to  obtain  the  educational   or
 6    vocational  training  required  by  this subsection (k).  The
 7    defendant placed on supervision shall be required to pay  for
 8    the  cost of the educational courses or GED test, if a fee is
 9    charged for those courses or test.  The  court  shall  revoke
10    the supervision of a person who wilfully fails to comply with
11    this   subsection   (k).   The  court  shall  resentence  the
12    defendant upon  revocation  of  supervision  as  provided  in
13    Section  5-6-4.   This  subsection  (k)  does  not apply to a
14    defendant who has a high school diploma or  has  successfully
15    passed  the GED test. This subsection (k) does not apply to a
16    defendant  who   is   determined   by   the   court   to   be
17    developmentally  disabled  or otherwise mentally incapable of
18    completing the educational or vocational program.
19        (l)  The  court  shall  require  a  defendant  placed  on
20    supervision for possession of a substance prohibited  by  the
21    Cannabis  Control  Act  or Illinois Controlled Substances Act
22    after a previous conviction or disposition of supervision for
23    possession of a substance prohibited by the Cannabis  Control
24    Act  or  Illinois  Controlled Substances Act or a sentence of
25    probation under Section 10 of the  Cannabis  Control  Act  or
26    Section  410  of  the  Illinois Controlled Substances Act and
27    after a finding by the court that the person is addicted,  to
28    undergo  treatment  at  a substance abuse program approved by
29    the court.
30        (m)  The Secretary of State shall require  anyone  placed
31    on  court supervision for a violation of Section 3-707 of the
32    Illinois Vehicle Code or  a  similar  provision  of  a  local
33    ordinance   to   give   proof   of   his   or  her  financial
34    responsibility as defined in Section 7-315  of  the  Illinois
 
                            -34-     LRB093 02461 WGH 02471 b
 1    Vehicle   Code.    The  proof  shall  be  maintained  by  the
 2    individual in a manner satisfactory to the Secretary of State
 3    for a minimum period of one year after the date the proof  is
 4    first  filed.  The  proof shall be limited to a single action
 5    per arrest and may  not  be  affected  by  any  post-sentence
 6    disposition.   The  Secretary  of  State  shall  suspend  the
 7    driver's license of any person determined by the Secretary to
 8    be in violation of this subsection.
 9    (Source: P.A.  91-127,  eff.  1-1-00;  91-696,  eff. 4-13-00;
10    91-903,  eff.  1-1-01;  92-282,  eff.  8-7-01;  92-458,  eff.
11    8-22-01; 92-651, eff. 7-11-02.)

12        Section 11.3.  The Code of Civil Procedure is amended  by
13    changing Sections 12-652, 12-653, and 12-655 as follows:

14        (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
15        Sec. 12-652.  Filing and Status of Foreign Judgments.
16        (a)  A  copy  of  any  foreign  judgment authenticated in
17    accordance with the acts of Congress or the statutes of  this
18    State may be filed in the office of the circuit clerk for any
19    county  of  this  State.   The  clerk shall treat the foreign
20    judgment in the same manner as  a  judgment  of  the  circuit
21    court  for any county of this State.  A judgment so filed has
22    the same effect  and  is  subject  to  the  same  procedures,
23    defenses  and proceedings for reopening, vacating, or staying
24    as a judgment of a circuit court for any county of this State
25    and may be enforced or satisfied in like manner.
26        (b)  A foreign judgment or lien arising by  operation  of
27    law,  and  resulting  from  an  order requiring child support
28    payments shall be entitled to full faith and credit  in  this
29    State,  shall  be  enforceable  in  the  same  manner  as any
30    judgment or lien  of  this  State  resulting  from  an  order
31    requiring  child  support payments, and shall not be required
32    to be filed with the office  of  the  circuit  clerk  in  any
 
                            -35-     LRB093 02461 WGH 02471 b
 1    county  of  this  State,  except  as provided for in Sections
 2    10-25 and 10-25.5 of the Illinois Public Aid Code.
 3        (c)  A  foreign  protection  order  (as  defined  in  the
 4    Uniform   Interstate   Enforcement    of    Domestic-Violence
 5    Protection  Orders  Act)  order  of  protection issued by the
 6    court of another state, tribe, or United States territory  is
 7    entitled   to  full  faith  and  credit  in  this  State,  is
 8    enforceable in the same manner as  any  order  of  protection
 9    issued  by  a circuit court for any county of this State, and
10    may be filed with the circuit clerk in  any  county  of  this
11    State  as  provided in Section 222.5 of the Illinois Domestic
12    Violence Act of 1986 or Section 22.5 of the Code of  Criminal
13    Procedure  of 1963. A foreign order of protection order shall
14    not be required to be filed with  the  circuit  clerk  to  be
15    entitled   to  full  faith  and  credit  in  this  State  and
16    enforcement  under  the  Uniform  Interstate  Enforcement  of
17    Domestic-Violence Protection Orders Act.
18    (Source: P.A. 90-18, eff. 7-1-97; 91-903, eff. 1-1-01.)

19        (735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
20        Sec. 12-653.  Notice of Filing.
21        (a)  At the time of the filing of the  foreign  judgment,
22    the  judgment creditor or his lawyer shall make and file with
23    the circuit clerk an affidavit setting  forth  the  name  and
24    last  known  post  office address of the judgment debtor, and
25    the judgment creditor.
26        (b)  Promptly upon  the  filing  of  a  foreign  judgment
27    (other  than  a  foreign  order  of protection order) and the
28    affidavit, the clerk shall mail notice of the filing  of  the
29    foreign  judgment to the judgment debtor at the address given
30    and shall make a note of the  mailing  in  the  docket.   The
31    notice  shall include the name and post office address of the
32    judgment creditor and the judgment creditor's lawyer, if any,
33    in this State.  In addition, the judgment creditor may mail a
 
                            -36-     LRB093 02461 WGH 02471 b
 1    notice of the filing of the judgment to the  judgment  debtor
 2    and  may  file  proof  of  mailing  with  the clerk.  Lack of
 3    mailing notice of filing by the clerk shall  not  affect  the
 4    enforcement  proceedings  if proof of mailing by the judgment
 5    creditor has been filed.
 6        (c)  The clerk shall not mail notice of the filing  of  a
 7    foreign  order of protection order to the respondent named in
 8    the order.
 9    (Source: P.A. 91-903, eff. 1-1-01.)

10        (735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
11        Sec. 12-655.  Fees.
12        (a)  Any person filing a foreign judgment shall pay a fee
13    to the circuit clerk equivalent to the  fee  which  would  be
14    required  were  the  person  filing  a  complaint seeking the
15    amount awarded in the foreign judgment.  Fees for  docketing,
16    transcription  or  other  enforcement proceedings shall be as
17    provided for judgments of the circuit court.
18        (b)  The clerk shall not charge a fee to  any  person  to
19    register a foreign order of protection order.
20    (Source: P.A. 91-903, eff. 1-1-01.)

21        Section 11.4.  The Illinois Domestic Violence Act of 1986
22    is  amended  by  changing  Sections  222.5,  223,  and 302 as
23    follows:

24        (750 ILCS 60/222.5)
25        Sec. 222.5.  Filing of  a  foreign  protection  order  an
26    order of protection issued in another state.
27        (a)  A  person  entitled  to  protection  under a foreign
28    protection  order  (as  defined  in  the  Uniform  Interstate
29    Enforcement of Domestic-Violence Protection  Orders  Act)  an
30    order  of  protection  issued  by the court of another state,
31    tribe, or United States territory may file a  certified  copy

 
                            -37-     LRB093 02461 WGH 02471 b
 1    of  the  order  of foreign protection order with the clerk of
 2    the court in a judicial circuit in which the person  believes
 3    that enforcement may be necessary.
 4        (b)  The clerk shall:
 5             (1)  treat  the foreign order of protection order in
 6        the same manner as a judgment of the  circuit  court  for
 7        any   county   of  this  State  in  accordance  with  the
 8        provisions  of  the  Uniform   Enforcement   of   Foreign
 9        Judgments  Act,  except  that  the  clerk  shall not mail
10        notice of the filing of the foreign protection  order  to
11        the respondent named in the order; and
12             (2)  on  the  same  day  that  a  foreign  order  of
13        protection  order is filed, file a certified copy of that
14        order with the sheriff or other law enforcement officials
15        charged  with  maintaining  Department  of  State  Police
16        records as set forth in Section 222 of this Act.
17        (c)  Neither residence in this  State  nor  filing  of  a
18    foreign  order  of  protection  order  shall  be required for
19    enforcement of the order by this State. Failure to  file  the
20    foreign  order shall not be an impediment to its treatment in
21    all respects as an  Illinois  order  of  protection  nor  its
22    enforcement  under  the  Uniform  Interstate  Enforcement  of
23    Domestic-Violence Protection Orders Act.
24        (d)  The  clerk  shall not charge a fee to file a foreign
25    order of protection order under this Section.
26        (e)  The sheriff shall inform  the  Department  of  State
27    Police as set forth in Section 302 of this Act.
28    (Source: P.A. 91-903, eff. 1-1-01.)

29        (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
30        Sec. 223.  Enforcement of orders of protection.
31        (a)  When violation is crime. A violation of any order of
32    protection, whether issued in a civil or criminal proceeding,
33    may be enforced by a criminal court when:
 
                            -38-     LRB093 02461 WGH 02471 b
 1             (1)  The  respondent  commits the crime of violation
 2        of an order of protection pursuant to  Section  12-30  of
 3        the Criminal Code of 1961, by having knowingly violated:
 4                  (i)  remedies described in paragraphs (1), (2),
 5             (3),  (14),  or  (14.5) of subsection (b) of Section
 6             214 of this Act; or
 7                  (ii)  a remedy, which is substantially  similar
 8             to  the  remedies  authorized  under paragraphs (1),
 9             (2), (3), (14), and  (14.5)  of  subsection  (b)  of
10             Section 214 of this Act, in a valid order of foreign
11             protection  order which is authorized under the laws
12             of another state, tribe, or United States territory;
13             or
14                  (iii)  any   other   remedy   when   the    act
15             constitutes a crime against the protected parties as
16             defined by the Criminal Code of 1961.
17             Prosecution   for   a   violation  of  an  order  of
18        protection shall not bar concurrent prosecution  for  any
19        other  crime,  including  any  crime  that  may have been
20        committed at the time of the violation of  the  order  of
21        protection; or
22             (2)  The  respondent  commits  the  crime  of  child
23        abduction  pursuant  to Section 10-5 of the Criminal Code
24        of 1961, by having knowingly violated:
25                  (i)  remedies described in paragraphs (5),  (6)
26             or (8) of subsection (b) of Section 214 of this Act;
27             or
28                  (ii)  a  remedy, which is substantially similar
29             to the remedies  authorized  under  paragraphs  (5),
30             (6), or (8) of subsection (b) of Section 214 of this
31             Act,  in  a  valid foreign order of protection order
32             which is authorized under the laws of another state,
33             tribe, or United States territory.
34        (b)  When violation is contempt of court. A violation  of
 
                            -39-     LRB093 02461 WGH 02471 b
 1    any  valid  Illinois order of protection, whether issued in a
 2    civil or criminal proceeding, may be enforced  through  civil
 3    or criminal contempt procedures, as appropriate, by any court
 4    with  jurisdiction,  regardless  where  the act or acts which
 5    violated the order  of  protection  were  committed,  to  the
 6    extent  consistent  with  the  venue  provisions of this Act.
 7    Nothing in this Act shall preclude any  Illinois  court  from
 8    enforcing  any  valid  order  of protection issued in another
 9    state. Illinois  courts  may  enforce  orders  of  protection
10    through  both  criminal prosecution and contempt proceedings,
11    unless the action which  is  second  in  time  is  barred  by
12    collateral estoppel or the constitutional prohibition against
13    double jeopardy.
14             (1)  In a contempt proceeding where the petition for
15        a  rule  to  show  cause  sets  forth facts evidencing an
16        immediate  danger  that  the  respondent  will  flee  the
17        jurisdiction, conceal a child, or inflict physical  abuse
18        on  the  petitioner  or  minor  children  or on dependent
19        adults in petitioner's care,  the  court  may  order  the
20        attachment of the respondent without prior service of the
21        rule  to  show  cause  or the petition for a rule to show
22        cause.  Bond shall be set unless specifically  denied  in
23        writing.
24             (2)  A  petition  for  a  rule  to  show  cause  for
25        violation  of  an order of protection shall be treated as
26        an expedited proceeding.
27        (c)  Violation of custody or support orders. A  violation
28    of  remedies described in paragraphs (5), (6), (8), or (9) of
29    subsection (b) of Section 214 of this Act may be enforced  by
30    any  remedy  provided by Section 611 of the Illinois Marriage
31    and Dissolution of Marriage Act. The court  may  enforce  any
32    order  for  support issued under paragraph (12) of subsection
33    (b) of Section  214 in the manner provided for under Articles
34    V and  VII  of  the  Illinois  Marriage  and  Dissolution  of
 
                            -40-     LRB093 02461 WGH 02471 b
 1    Marriage Act.
 2        (d)  Actual  knowledge.  An  order  of  protection may be
 3    enforced pursuant to this Section if the respondent  violates
 4    the  order  after  the respondent has actual knowledge of its
 5    contents as shown through one of the following means:
 6    1t  (1)  By service, delivery, or notice under Section 210.
 7             (2)  By notice under Section 210.1 or 211.
 8             (3)  By service of  an  order  of  protection  under
 9        Section 222.
10             (4)  By  other  means demonstrating actual knowledge
11        of the contents of the order.
12        (e)  The enforcement of an order of protection  in  civil
13    or  criminal  court  shall  not  be affected by either of the
14    following:
15             (1)  The existence of a separate, correlative order,
16        entered under Section 215.
17             (2)  Any finding or order  entered  in  a  conjoined
18        criminal proceeding.
19        (f)  Circumstances.   The court, when determining whether
20    or not a violation of an order of  protection  has  occurred,
21    shall  not  require  physical  manifestations of abuse on the
22    person of the victim.
23        (g)  Penalties.
24             (1)  Except as provided in  paragraph  (3)  of  this
25        subsection,  where  the  court  finds the commission of a
26        crime or contempt of court under subsections (a)  or  (b)
27        of  this  Section,  the penalty shall be the penalty that
28        generally  applies   in   such   criminal   or   contempt
29        proceedings,   and   may  include  one  or  more  of  the
30        following: incarceration, payment of restitution, a fine,
31        payment  of  attorneys'  fees  and  costs,  or  community
32        service.
33             (2)  The court shall  hear  and  take  into  account
34        evidence  of  any  factors  in  aggravation or mitigation
 
                            -41-     LRB093 02461 WGH 02471 b
 1        before deciding an appropriate  penalty  under  paragraph
 2        (1) of this subsection.
 3             (3)  To  the  extent  permitted by law, the court is
 4        encouraged to:
 5                  (i)  increase  the  penalty  for  the   knowing
 6             violation  of  any  order  of  protection  over  any
 7             penalty   previously   imposed   by  any  court  for
 8             respondent's violation of any order of protection or
 9             penal statute involving  petitioner  as  victim  and
10             respondent as defendant;
11                  (ii)  impose  a  minimum  penalty  of  24 hours
12             imprisonment for respondent's first violation of any
13             order of protection; and
14                  (iii)  impose a minimum  penalty  of  48  hours
15             imprisonment  for  respondent's second or subsequent
16             violation of an order of protection
17        unless the  court  explicitly  finds  that  an  increased
18        penalty   or   that   period  of  imprisonment  would  be
19        manifestly unjust.
20             (4)  In addition to any other penalties imposed  for
21        a  violation  of an order of protection, a criminal court
22        may consider evidence of any violations of  an  order  of
23        protection:
24                  (i)  to  increase,  revoke  or  modify the bail
25             bond on an underlying criminal  charge  pursuant  to
26             Section  110-6  of the Code of Criminal Procedure of
27             1963;
28                  (ii)  to  revoke  or   modify   an   order   of
29             probation,  conditional  discharge  or  supervision,
30             pursuant  to  Section  5-6-4  of the Unified Code of
31             Corrections;
32                  (iii)  to  revoke  or  modify  a  sentence   of
33             periodic  imprisonment, pursuant to Section 5-7-2 of
34             the Unified Code of Corrections.
 
                            -42-     LRB093 02461 WGH 02471 b
 1             (5)  In addition to any other penalties,  the  court
 2        shall  impose  an additional fine of $20 as authorized by
 3        Section 5-9-1.11 of the Unified Code of Corrections  upon
 4        any  person  convicted  of or placed on supervision for a
 5        violation of an order of protection.  The additional fine
 6        shall be imposed for each violation of this Section.
 7    (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)

 8        (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
 9        Sec. 302.  Data maintenance by law enforcement agencies.
10        (a)  All sheriffs shall  furnish  to  the  Department  of
11    State  Police,  on  the same day as received, in the form and
12    detail  the  Department  requires,  copies  of  any  recorded
13    emergency, interim, or plenary orders of protection issued by
14    the court, and any foreign orders of protection orders  filed
15    with  by  the  clerk  of  the  court,  and transmitted to the
16    sheriff by the clerk of the court pursuant to subsection  (b)
17    of  Section  222  of  this  Act.  In  this Section, "order of
18    protection" includes an order of protection  issued  in  this
19    State  and a foreign protection order filed with the clerk of
20    the court. Each order of protection shall be entered  in  the
21    Law  Enforcement  Automated Data System on the same day it is
22    issued by the court or filed with the clerk of the court.  If
23    an  emergency  order  of  protection was issued in accordance
24    with subsection (c)  of  Section  217,  the  order  shall  be
25    entered  in the Law Enforcement Automated Data System as soon
26    as possible after receipt from the clerk.
27        (b)  The Department of  State  Police  shall  maintain  a
28    complete  and  systematic  record  and index of all valid and
29    recorded orders of protection issued pursuant  to  this  Act.
30    The  data  shall  be  used  to inform all dispatchers and law
31    enforcement officers at the scene of an alleged  incident  of
32    abuse,  neglect,  or exploitation or violation of an order of
33    protection of any recorded prior incident of abuse,  neglect,
 
                            -43-     LRB093 02461 WGH 02471 b
 1    or exploitation involving the abused, neglected, or exploited
 2    party and the effective dates and terms of any recorded order
 3    of protection.
 4        (c)  The  data,  records  and transmittals required under
 5    this Section shall pertain to any valid emergency, interim or
 6    plenary order of protection, whether issued  in  a  civil  or
 7    criminal proceeding or issued by a tribunal as defined in the
 8    Uniform    Interstate    Enforcement   of   Domestic-Violence
 9    Protection Orders Act authorized under the  laws  of  another
10    state, tribe, or United States territory.
11    (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.)