HB6782 93RD GENERAL ASSEMBLY

LRB093 18082 RLC 43769 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6782

Introduced 02/09/04, by Dan Brady - Angelo Saviano - James H. Meyer - Sidney H. Mathias - Raymond Poe

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112A-17.5 new
725 ILCS 5/112A-28.5 new
750 ILCS 60/217.5 new
750 ILCS 60/302.5 new

Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that when a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond denies or restricts contact with the victim, the clerk shall immediately, or on the next court day, enter the order on the record, file it and provide a file stamped copy of the order to defendant, if present, and to the victim, if present. Establishes information that must be included in such a court order. Provides that the law enforcement agency that received the order shall enter into the Law Enforcement Agencies Data System (LEADS) the no contact with family victim order information.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Sections 112A-17.5 and 112A-28.5 as follows:

(725 ILCS 5/112A-17.5 new)

Sec. 112A-17.5. Notice of orders.

(a) Entry and issuance. When a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond is that the defendant refrain from contact or communications with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes, the clerk shall immediately, or on the next court day, enter the order on the record and file it in accordance with circuit court procedures and provide a file stamped copy of the order to defendant, if present, and to the victim, if present.

(b) No Contact with family victim orders. The court order shall include the following information:

(1) the court case number.

(2) the issue date of the order.

(3) the expiration date of the order, not to exceed 2 years.

(4) the defendant's name, sex, race, date of birth, height, weight, hair, and eye color.

(5) the conditions of bond, including specific remedy.

(6) the victim's name.

(7) the protected person's name.

(8) the protected person's address.

(c) Filing with sheriff. The clerk of the judge who issued the order shall, on the same day that the order is issued, file a certified copy of that order with the sheriff.

(d) Service by sheriff. Unless the defendant was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the defendant and file proof of that service, in the manner provided for service of process.

(725 ILCS 5/112A-28.5 new)

Sec. 112A-28.5. Entry of orders into LEADS.

(a) The law enforcement agency of the unit of local government that received the order shall enter into the Law Enforcement Agencies Data System (LEADS) the no contact with family victim order information. The LEADS file must include the name and address of each person who has been charged with a criminal offense in which the victim of the offense is a family or household member and who has been released on bond in which the condition of the bond is that the defendant refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes.

(b) The law enforcement agency of the unit of local government that received the order shall enter the no contact with family victim order into LEADS no more than 72 hours after receiving the order.

(c) Retention. The information must be retained in LEADS in a history file for 90 days after the expiration date of the no contact with family victim order before the information may be removed from the LEADS file.

Section 10. The Illinois Domestic Violence Act of 1986 is amended by adding Sections 217.5 and 302.5 as follows:

(750 ILCS 60/217.5 new)

Sec. 217.5. Notice of orders.

(a) Entry and issuance. When a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond is that the defendant refrain from contact or communications with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes, the clerk shall immediately, or on the next court day, enter the order on the record and file it in accordance with circuit court procedures and provide a file stamped copy of the order to defendant, if present, and to the victim, if present.

(b) No Contact with family victim orders. The court order shall include the following information:

(1) the court case number.

(2) the issue date of the order.

(3) the expiration date of the order, not to exceed 2 years.

(4) the defendant's name, sex, race, date of birth, height, weight, hair, and eye color.

(5) the conditions of bond, including specific remedy.

(6) the victim's name.

(7) the protected person's name.

(8) the protected person's address.

(c) Filing with sheriff. The clerk of the judge who issued the order shall, on the same day that the order is issued, file a certified copy of that order with the sheriff.

(d) Service by sheriff. Unless the defendant was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the defendant and file proof of that service, in the manner provided for service of process.

(750 ILCS 60/302.5 new)

Sec. 302.5. Entry of orders into LEADS.

(a) The law enforcement agency of the unit of local government that received the order shall enter into the Law Enforcement Agencies Data System (LEADS) the no contact with family victim order information. The LEADS file must include the name and address of each person who has been charged with a criminal offense in which the victim of the offense is a family or household member and who has been released on bond in which the condition of the bond is that the defendant refrain from contact or communication with the victim for a minimum period of 72 hours following the defendant's release and refrain from entering or remaining at the victim's residence for a minimum period of 72 hours following the defendant's release or any other conditions restricting contact with the victim as the court imposes.

(b) The law enforcement agency of the unit of local government that received the order shall enter the no contact with family victim order into LEADS within 72 hours after receiving the order.

(c) Retention. The information must be retained in LEADS in a history file for 90 days after the expiration date of the no contact with family victim order before the information may be removed from the LEADS file.