Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 5148
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2 | AMENDMENT NO. ______. Amend House Bill 5148 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 112A-20 as follows:
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6 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
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7 | Sec. 112A-20. Duration and extension of orders.
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8 | (a) Duration of emergency and interim orders. Unless | ||||||
9 | re-opened or
extended or voided by entry of
an order of greater | ||||||
10 | duration:
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11 | (1) Emergency orders issued under Section 112A-17 | ||||||
12 | shall be
effective for not less than 14 nor more than 21 | ||||||
13 | days;
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14 | (2) Interim orders shall be effective for up to 30 | ||||||
15 | days.
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16 | (b) Duration of plenary orders. Except as otherwise |
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1 | provided in this
Section, a plenary order of protection shall | ||||||
2 | be valid for a fixed period
of time not to exceed 2 years.
A | ||||||
3 | plenary order of protection entered in conjunction with a | ||||||
4 | criminal
prosecution shall remain in effect as follows:
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5 | (1) if entered during pre-trial release, until | ||||||
6 | disposition, withdrawal,
or dismissal of the underlying | ||||||
7 | charge; if, however, the case is continued as an
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8 | independent cause of action, the order's duration may be | ||||||
9 | for a fixed period
of time not to exceed 2 years;
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10 | (2) if in effect in conjunction with a bond forfeiture | ||||||
11 | warrant, until
final disposition or an additional period
of | ||||||
12 | time not
exceeding 2 years; no order of
protection, | ||||||
13 | however, shall be terminated by a dismissal that is | ||||||
14 | accompanied
by the issuance of a bond forfeiture warrant;
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15 | (3) until expiration of any supervision, conditional | ||||||
16 | discharge,
probation, periodic imprisonment, parole or | ||||||
17 | mandatory supervised release and for an additional period | ||||||
18 | of time thereafter not
exceeding 2 years; or
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19 | (4) until the date set by the court for expiration of | ||||||
20 | any sentence of
imprisonment and subsequent parole or | ||||||
21 | mandatory supervised release
and for an additional period | ||||||
22 | of time
thereafter not exceeding 2 years.
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23 | (c) Computation of time. The duration of an order of | ||||||
24 | protection shall
not be reduced by the duration of any prior | ||||||
25 | order of protection.
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26 | (d) Law enforcement records. When a plenary order of |
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1 | protection expires
upon the occurrence of a specified event, | ||||||
2 | rather than upon a specified date
as provided in subsection | ||||||
3 | (b), no expiration date shall be entered in
Department of State | ||||||
4 | Police records. To remove the plenary order from
those records, | ||||||
5 | either party shall request the clerk of the court to file a
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6 | certified copy of an order stating that the specified event has | ||||||
7 | occurred or
that the plenary order has been vacated or modified | ||||||
8 | with the sheriff, and the
sheriff shall direct that law | ||||||
9 | enforcement records shall be promptly
corrected in accordance | ||||||
10 | with the filed order.
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11 | (e) Extension of Orders. Any emergency, interim or plenary | ||||||
12 | order of
protection may be extended one or more times, as | ||||||
13 | required, provided that
the requirements of Section 112A-17, | ||||||
14 | 112A-18 or 112A-19, as appropriate, are satisfied.
If the | ||||||
15 | motion for extension is uncontested and petitioner seeks no
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16 | modification of the order,
the order may be extended on the | ||||||
17 | basis of petitioner's motion or
affidavit stating that there | ||||||
18 | has been no material change in relevant
circumstances since | ||||||
19 | entry of the order and stating the reason for the
requested | ||||||
20 | extension. An extension of a plenary order of protection may be | ||||||
21 | granted, upon good cause shown, to remain in effect until the | ||||||
22 | order of protection is vacated or modified. Extensions may be | ||||||
23 | granted only in
open court and not under the provisions of | ||||||
24 | Section 112A-17(c), which
applies only when the court is | ||||||
25 | unavailable at the close of business or on a
court holiday.
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26 | (f) Termination date. Any order of protection which would |
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1 | expire on a
court holiday shall instead expire at the close of | ||||||
2 | the next court business day.
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3 | (g) Statement of purpose. The practice of dismissing or | ||||||
4 | suspending a
criminal prosecution in exchange for issuing an | ||||||
5 | order of protection
undermines the purposes of this Article. | ||||||
6 | This Section shall not be
construed as encouraging that | ||||||
7 | practice.
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8 | (Source: P.A. 87-1186.)
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9 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
10 | amended by changing Section 220 as follows:
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11 | (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
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12 | Sec. 220. Duration and extension of orders.
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13 | (a) Duration of emergency and interim orders. Unless | ||||||
14 | re-opened or
extended or voided by entry of an order of greater | ||||||
15 | duration:
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16 | (1) Emergency orders issued under Section 217 shall be | ||||||
17 | effective for
not less than 14 nor more than 21 days;
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18 | (2) Interim orders shall be effective for up to 30 | ||||||
19 | days.
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20 | (b) Duration of plenary orders. Except as otherwise | ||||||
21 | provided in this
Section, a plenary order of protection shall | ||||||
22 | be valid for a fixed period of
time, not to exceed two years.
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23 | (1) A plenary order of protection entered in | ||||||
24 | conjunction with another
civil
proceeding shall remain in |
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1 | effect as follows:
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2 | (i) if entered as preliminary relief in that other | ||||||
3 | proceeding, until
entry of final judgment in
that other | ||||||
4 | proceeding;
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5 | (ii) if incorporated into the final judgment in | ||||||
6 | that other
proceeding, until the order of protection is | ||||||
7 | vacated or modified; or
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8 | (iii) if incorporated in an order for involuntary | ||||||
9 | commitment, until
termination of both the involuntary | ||||||
10 | commitment and any voluntary
commitment, or for a fixed | ||||||
11 | period of time not exceeding 2 years.
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12 | (2) A plenary order of protection entered in | ||||||
13 | conjunction with a criminal
prosecution shall remain in | ||||||
14 | effect as follows:
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15 | (i) if entered during pre-trial release, until | ||||||
16 | disposition, withdrawal,
or dismissal of the | ||||||
17 | underlying charge;
if, however, the case is continued | ||||||
18 | as an independent cause of action, the
order's duration | ||||||
19 | may be for a fixed period of time not to exceed 2 | ||||||
20 | years;
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21 | (ii) if in effect in conjunction with a bond | ||||||
22 | forfeiture warrant, until
final disposition or an | ||||||
23 | additional period of time not
exceeding 2 years;
no | ||||||
24 | order of protection, however, shall be terminated by a | ||||||
25 | dismissal that
is accompanied by the issuance of a bond | ||||||
26 | forfeiture warrant;
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1 | (iii) until expiration of any supervision, | ||||||
2 | conditional discharge,
probation, periodic | ||||||
3 | imprisonment, parole or mandatory supervised release | ||||||
4 | and for an additional period of time thereafter not
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5 | exceeding 2 years; or
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6 | (iv) until the date set by the court for expiration | ||||||
7 | of any sentence of
imprisonment and subsequent parole | ||||||
8 | or mandatory supervised release
and for an additional | ||||||
9 | period of time thereafter
not exceeding 2 years.
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10 | (c) Computation of time. The duration of an order of | ||||||
11 | protection shall
not be reduced by the duration of any prior | ||||||
12 | order of protection.
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13 | (d) Law enforcement records. When a plenary order of | ||||||
14 | protection expires
upon the occurrence of a specified event, | ||||||
15 | rather than upon a specified date
as provided in subsection | ||||||
16 | (b), no expiration date shall be entered in
Department of State | ||||||
17 | Police records. To remove the plenary order from those
records, | ||||||
18 | either party shall request the clerk of the court to file a
| ||||||
19 | certified copy of an order stating that the specified event has | ||||||
20 | occurred or
that the plenary order has been vacated or modified | ||||||
21 | with the Sheriff, and the
Sheriff shall direct that law | ||||||
22 | enforcement records shall be promptly
corrected in accordance | ||||||
23 | with the filed order.
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24 | (e) Extension of orders. Any emergency, interim or plenary | ||||||
25 | order
may be extended one or more times, as required, provided | ||||||
26 | that
the requirements of Section 217, 218 or 219, as |
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1 | appropriate, are satisfied.
If the motion for extension is | ||||||
2 | uncontested and petitioner seeks no
modification of the order,
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3 | the order may be extended on the basis of petitioner's motion | ||||||
4 | or
affidavit stating that there has been no material change in | ||||||
5 | relevant
circumstances since entry of the order and stating the | ||||||
6 | reason for the
requested extension. An extension of a plenary | ||||||
7 | order of protection may be granted, upon good cause shown, to | ||||||
8 | remain in effect until the order of protection is vacated or | ||||||
9 | modified.
Extensions may be granted only in open court and not | ||||||
10 | under the provisions
of subsection (c) of Section 217, which | ||||||
11 | applies only when the court is
unavailable at the close of | ||||||
12 | business or on a court holiday.
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13 | (f) Termination date. Any order of protection which would | ||||||
14 | expire on a
court holiday shall instead expire at the close of | ||||||
15 | the next court business day.
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16 | (g) Statement of purpose. The practice of dismissing or | ||||||
17 | suspending a
criminal prosecution in exchange for the issuance | ||||||
18 | of an order of protection
undermines the purposes of this Act. | ||||||
19 | This Section shall not be construed
as encouraging that | ||||||
20 | practice.
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21 | (Source: P.A. 86-966; 87-1186.)".
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