|
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0793
Introduced 2/2/2005, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED:
|
|
725 ILCS 5/111-8 |
from Ch. 38, par. 111-8 |
|
Amends the Code of Criminal Procedure of 1963. Provides that an order of protection may also be issued when the alleged offender and victim are family or household members and the alleged violation is unlawful restraint, aggravated unlawful restraint, child pornography, domestic battery, aggravated battery of a senior citizen, interfering with reporting of domestic violence, stalking, aggravated stalking, cyberstalking, criminal trespass to a residence, criminal damage to property, criminal trespass to a vehicle, criminal trespass to real property, disorderly conduct, or harassment by telephone.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB0793 |
|
LRB094 06704 RLC 36801 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Code of Criminal Procedure of 1963 is |
| 5 |
| amended by changing Section 111-8 as follows:
|
| 6 |
| (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
|
| 7 |
| Sec. 111-8. Orders of protection to prohibit domestic |
| 8 |
| violence.
|
| 9 |
| (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, |
| 10 |
| 10-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
|
| 11 |
| 12-2,
12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.3,
12-3.2, |
| 12 |
| 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, |
| 13 |
| 12-13, 12-14, 12-14.1, 12-15,
or 12-16, 19-4, 21-1, 21-2, 21-3, |
| 14 |
| or 26-1
of the Criminal Code of 1961 or Section 1-1 of the |
| 15 |
| Harassing and Obscene Communications Act , as now or
hereafter |
| 16 |
| amended, is alleged in an information, complaint or indictment
|
| 17 |
| on file, and the alleged offender and victim are family or |
| 18 |
| household members,
as defined in the Illinois Domestic Violence |
| 19 |
| Act, as now or hereafter amended,
the People through the |
| 20 |
| respective State's Attorneys may by separate petition
and upon |
| 21 |
| notice to the defendant, except as provided in subsection (c) |
| 22 |
| herein,
request the court to issue an order of protection.
|
| 23 |
| (b) In addition to any other remedies specified in Section |
| 24 |
| 208 of the
Illinois Domestic Violence Act, as now or hereafter |
| 25 |
| amended, the order may
direct the defendant
to initiate no |
| 26 |
| contact with the alleged victim or victims who are family
or |
| 27 |
| household members and to refrain from entering the residence, |
| 28 |
| school
or place of business of the alleged victim or victims.
|
| 29 |
| (c) The court may grant emergency relief without notice |
| 30 |
| upon a showing
of immediate and present danger of abuse to the |
| 31 |
| victim or minor children of the
victim and may enter a |
| 32 |
| temporary order pending notice and full hearing on the
matter.
|