97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5585

 

Introduced , by Rep. Kimberly du Buclet

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.811 new
30 ILCS 105/5.812 new
750 ILCS 60/223  from Ch. 40, par. 2312-23

    Amends the State Finance Act. Creates the Indigent GPS Electronic Monitoring Device Fund and the GPS Monitoring Device Administration Fee Fund in the State treasury. Amends the Illinois Domestic Violence Act of 1986. Provides that a respondent shall be required by the court to wear, during the period in which the order of protection is in effect, an electronic monitoring device approved by the court that has Global Positioning System (GPS) capability. Provides that the cost of installing and maintaining the device shall be borne by the respondent unless the court determines that the respondent is indigent. Provides that upon being ordered to wear the device, a non-indigent respondent shall additionally pay a fee determined by the court to cover the cost of installing and maintaining a GPS device. Provides that the Secretary of Human Services shall, subject to appropriation by the General Assembly, use all money in the Indigent GPS Electronic Monitoring Device Fund to reimburse electronic monitoring device providers who have installed devices on indigent persons against whom an order of protection has been issued. Provides that the Secretary shall, subject to appropriation by the General Assembly, use the money paid into the GPS Monitoring Device Administration Fee Fund to offset his or her administrative costs.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5585LRB097 17833 AJO 65592 b

1    AN ACT concerning orders of protection.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Sections 5.811 and 5.812 as follows:
 
6    (30 ILCS 105/5.811 new)
7    Sec. 5.811. The Indigent GPS Electronic Monitoring Device
8Fund.
 
9    (30 ILCS 105/5.812 new)
10    Sec. 5.812. The GPS Monitoring Device Administration Fee
11Fund.
 
12    Section 10. The Illinois Domestic Violence Act of 1986 is
13amended by changing Section 223 as follows:
 
14    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
15    Sec. 223. Enforcement of orders of protection.
16    (a) When violation is crime. A violation of any order of
17protection, whether issued in a civil or criminal proceeding,
18shall be enforced by a criminal court when:
19        (1) The respondent commits the crime of violation of an
20    order of protection pursuant to Section 12-3.4 or 12-30 of

 

 

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1    the Criminal Code of 1961, by having knowingly violated:
2            (i) remedies described in paragraphs (1), (2),
3        (3), (14), or (14.5) of subsection (b) of Section 214
4        of this Act; or
5            (ii) a remedy, which is substantially similar to
6        the remedies authorized under paragraphs (1), (2),
7        (3), (14), and (14.5) of subsection (b) of Section 214
8        of this Act, in a valid order of protection which is
9        authorized under the laws of another state, tribe, or
10        United States territory; or
11            (iii) any other remedy when the act constitutes a
12        crime against the protected parties as defined by the
13        Criminal Code of 1961.
14        Prosecution for a violation of an order of protection
15    shall not bar concurrent prosecution for any other crime,
16    including any crime that may have been committed at the
17    time of the violation of the order of protection; or
18        (2) The respondent commits the crime of child abduction
19    pursuant to Section 10-5 of the Criminal Code of 1961, by
20    having knowingly violated:
21            (i) remedies described in paragraphs (5), (6) or
22        (8) of subsection (b) of Section 214 of this Act; or
23            (ii) a remedy, which is substantially similar to
24        the remedies authorized under paragraphs (5), (6), or
25        (8) of subsection (b) of Section 214 of this Act, in a
26        valid order of protection which is authorized under the

 

 

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1        laws of another state, tribe, or United States
2        territory.
3    (b) When violation is contempt of court. A violation of any
4valid Illinois order of protection, whether issued in a civil
5or criminal proceeding, may be enforced through civil or
6criminal contempt procedures, as appropriate, by any court with
7jurisdiction, regardless where the act or acts which violated
8the order of protection were committed, to the extent
9consistent with the venue provisions of this Act. Nothing in
10this Act shall preclude any Illinois court from enforcing any
11valid order of protection issued in another state. Illinois
12courts may enforce orders of protection through both criminal
13prosecution and contempt proceedings, unless the action which
14is second in time is barred by collateral estoppel or the
15constitutional prohibition against double jeopardy.
16        (1) In a contempt proceeding where the petition for a
17    rule to show cause sets forth facts evidencing an immediate
18    danger that the respondent will flee the jurisdiction,
19    conceal a child, or inflict physical abuse on the
20    petitioner or minor children or on dependent adults in
21    petitioner's care, the court may order the attachment of
22    the respondent without prior service of the rule to show
23    cause or the petition for a rule to show cause. Bond shall
24    be set unless specifically denied in writing.
25        (2) A petition for a rule to show cause for violation
26    of an order of protection shall be treated as an expedited

 

 

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1    proceeding.
2    (b-1) The court shall not hold a school district or private
3or non-public school or any of its employees in civil or
4criminal contempt unless the school district or private or
5non-public school has been allowed to intervene.
6    (b-2) The court may hold the parents, guardian, or legal
7custodian of a minor respondent in civil or criminal contempt
8for a violation of any provision of any order entered under
9this Act for conduct of the minor respondent in violation of
10this Act if the parents, guardian, or legal custodian directed,
11encouraged, or assisted the respondent minor in such conduct.
12    (c) Violation of custody or support orders. A violation of
13remedies described in paragraphs (5), (6), (8), or (9) of
14subsection (b) of Section 214 of this Act may be enforced by
15any remedy provided by Section 611 of the Illinois Marriage and
16Dissolution of Marriage Act. The court may enforce any order
17for support issued under paragraph (12) of subsection (b) of
18Section 214 in the manner provided for under Parts V and VII of
19the Illinois Marriage and Dissolution of Marriage Act.
20    (d) Actual knowledge. An order of protection may be
21enforced pursuant to this Section if the respondent violates
22the order after the respondent has actual knowledge of its
23contents as shown through one of the following means:
24        (1) By service, delivery, or notice under Section 210.
25        (2) By notice under Section 210.1 or 211.
26        (3) By service of an order of protection under Section

 

 

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1    222.
2        (4) By other means demonstrating actual knowledge of
3    the contents of the order.
4    (e) The enforcement of an order of protection in civil or
5criminal court shall not be affected by either of the
6following:
7        (1) The existence of a separate, correlative order,
8    entered under Section 215.
9        (2) Any finding or order entered in a conjoined
10    criminal proceeding.
11    (f) Circumstances. The court, when determining whether or
12not a violation of an order of protection has occurred, shall
13not require physical manifestations of abuse on the person of
14the victim.
15    (g) Penalties.
16        (1) Except as provided in paragraph (3) of this
17    subsection, where the court finds the commission of a crime
18    or contempt of court under subsections (a) or (b) of this
19    Section, the penalty shall be the penalty that generally
20    applies in such criminal or contempt proceedings, and may
21    include one or more of the following: incarceration,
22    payment of restitution, a fine, payment of attorneys' fees
23    and costs, or community service.
24        (2) The court shall hear and take into account evidence
25    of any factors in aggravation or mitigation before deciding
26    an appropriate penalty under paragraph (1) of this

 

 

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1    subsection.
2        (3) To the extent permitted by law, the court is
3    encouraged to:
4            (i) increase the penalty for the knowing violation
5        of any order of protection over any penalty previously
6        imposed by any court for respondent's violation of any
7        order of protection or penal statute involving
8        petitioner as victim and respondent as defendant;
9            (ii) impose a minimum penalty of 24 hours
10        imprisonment for respondent's first violation of any
11        order of protection; and
12            (iii) impose a minimum penalty of 48 hours
13        imprisonment for respondent's second or subsequent
14        violation of an order of protection
15    unless the court explicitly finds that an increased penalty
16    or that period of imprisonment would be manifestly unjust.
17        (4) In addition to any other penalties imposed for a
18    violation of an order of protection, a criminal court may
19    consider evidence of any violations of an order of
20    protection:
21            (i) to increase, revoke or modify the bail bond on
22        an underlying criminal charge pursuant to Section
23        110-6 of the Code of Criminal Procedure of 1963;
24            (ii) to revoke or modify an order of probation,
25        conditional discharge or supervision, pursuant to
26        Section 5-6-4 of the Unified Code of Corrections;

 

 

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1            (iii) to revoke or modify a sentence of periodic
2        imprisonment, pursuant to Section 5-7-2 of the Unified
3        Code of Corrections.
4        (5) In addition to any other penalties, the court shall
5    impose an additional fine of $20 as authorized by Section
6    5-9-1.11 of the Unified Code of Corrections upon any person
7    convicted of or placed on supervision for a violation of an
8    order of protection. The additional fine shall be imposed
9    for each violation of this Section.
10    (h) A respondent shall be required by the court to wear,
11during the period in which the order of protection is in
12effect, an electronic monitoring device approved by the court
13that has Global Positioning System (GPS) capability. The cost
14of installing and maintaining the device shall be borne by the
15respondent unless the court determines that the respondent is
16indigent. Upon being ordered to wear the device, a non-indigent
17respondent shall additionally pay a fee determined by the court
18to cover the cost of installing and maintaining a GPS device.
19The fees shall be deposited into the Indigent GPS Electronic
20Monitoring Device Fund which is created as a special fund in
21the State treasury and administered by the Secretary of Human
22Services. The Secretary shall, subject to appropriation by the
23General Assembly, use all money in the Indigent GPS Electronic
24Monitoring Device Fund to reimburse electronic monitoring
25device providers who have installed devices on indigent persons
26against whom an order of protection has been issued under this

 

 

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1Section. The Secretary of Human Services shall make payments to
2those providers every 3 months. If the amount of money in the
3Fund at the time payments are made is not sufficient to pay all
4requests for reimbursement submitted during that 3 month
5period, the Secretary shall make payments on a pro-rata basis,
6and those payments shall be considered payment in full for the
7requests submitted. The GPS Monitoring Device Administration
8Fee Fund is created as a special fund in the State treasury and
9administered by the Secretary of Human Services. The Secretary
10shall, subject to appropriation by the General Assembly, use
11the money paid into this Fund to offset his or her
12administrative costs for administering this subsection.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)