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| | 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 |
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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 |
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1 | | AN ACT concerning orders of protection.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by adding |
5 | | Sections 5.811 and 5.812 as follows: |
6 | | (30 ILCS 105/5.811 new) |
7 | | Sec. 5.811. The Indigent GPS Electronic Monitoring Device |
8 | | Fund. |
9 | | (30 ILCS 105/5.812 new) |
10 | | Sec. 5.812. The GPS Monitoring Device Administration
Fee |
11 | | Fund. |
12 | | Section 10. The Illinois Domestic Violence Act of 1986 is |
13 | | amended by changing Section 223 as follows:
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14 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
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15 | | Sec. 223. Enforcement of orders of protection.
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16 | | (a) When violation is crime. A violation of any order of |
17 | | protection,
whether issued in a civil or criminal proceeding, |
18 | | shall be enforced
by a
criminal court when:
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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:
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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
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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
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11 | | (iii) any other remedy when the act
constitutes a |
12 | | crime against the protected parties as defined by the
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13 | | Criminal Code of 1961.
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14 | | Prosecution for a violation of an order of
protection |
15 | | shall not bar concurrent prosecution for any other crime,
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16 | | including any crime that may have been committed at the |
17 | | time of the
violation of the order of protection; or
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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:
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21 | | (i) remedies described in paragraphs (5), (6) or |
22 | | (8) of subsection
(b) of
Section 214 of this Act; or
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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.
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3 | | (b) When violation is contempt of court. A violation of any |
4 | | valid
Illinois order of protection, whether issued in a civil |
5 | | or criminal
proceeding, may be enforced through civil or |
6 | | criminal contempt procedures,
as appropriate, by any court with |
7 | | jurisdiction, regardless where the act or
acts which violated |
8 | | the order of protection were committed, to the extent
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9 | | consistent with the venue provisions of this Act. Nothing in |
10 | | this Act
shall preclude any Illinois court from enforcing any |
11 | | valid order of
protection issued in another state. Illinois |
12 | | courts may enforce orders of
protection through both criminal |
13 | | prosecution and contempt proceedings,
unless the action which |
14 | | is second in time is barred by collateral estoppel
or the |
15 | | constitutional prohibition against double jeopardy.
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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
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21 | | petitioner's care, the court may order the
attachment of |
22 | | the respondent without prior service of the rule to show
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23 | | cause or the petition for a rule to show cause. Bond shall |
24 | | be set unless
specifically denied in writing.
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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.
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2 | | (b-1) The court shall not hold a school district or private |
3 | | or non-public school or any of its employees in civil or |
4 | | criminal contempt unless the school district or private or |
5 | | non-public school has been allowed to intervene. |
6 | | (b-2) The court may hold the parents, guardian, or legal |
7 | | custodian of a minor respondent in civil or criminal contempt |
8 | | for a violation of any provision of any order entered under |
9 | | this Act for conduct of the minor respondent in violation of |
10 | | this Act if the
parents, guardian, or legal custodian directed, |
11 | | encouraged, or assisted the respondent minor in such conduct. |
12 | | (c) Violation of custody or support orders. A violation of |
13 | | remedies
described in paragraphs (5), (6), (8), or (9) of |
14 | | subsection (b) of Section
214 of this Act may be enforced by |
15 | | any remedy provided by Section 611 of
the Illinois Marriage and |
16 | | Dissolution of Marriage Act. The court may
enforce any order |
17 | | for support issued under paragraph (12) of subsection (b)
of |
18 | | Section 214 in the manner provided for under Parts V and VII of |
19 | | the
Illinois Marriage and Dissolution of Marriage Act.
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20 | | (d) Actual knowledge. An order of protection may be |
21 | | enforced pursuant to
this Section if the respondent violates |
22 | | the order after the
respondent has
actual knowledge of its |
23 | | contents as shown through one of the following means:
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24 | | (1) By service, delivery, or notice under Section 210.
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25 | | (2) By notice under Section 210.1 or 211.
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26 | | (3) By service of an order of protection under Section |
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1 | | 222.
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2 | | (4) By other means demonstrating actual knowledge of |
3 | | the contents of the
order.
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4 | | (e) The enforcement of an order of protection in civil or |
5 | | criminal court
shall not be affected by either of the |
6 | | following:
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7 | | (1) The existence of a separate, correlative order, |
8 | | entered under Section
215.
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9 | | (2) Any finding or order entered in a conjoined |
10 | | criminal proceeding.
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11 | | (f) Circumstances. The court, when determining whether or |
12 | | not a
violation of an order of protection has occurred, shall |
13 | | not require
physical manifestations of abuse on the person of |
14 | | the victim.
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15 | | (g) Penalties.
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16 | | (1) Except as provided in paragraph (3) of this
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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,
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22 | | payment of restitution, a fine, payment of attorneys' fees |
23 | | and costs, or
community service.
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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.
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2 | | (3) To the extent permitted by law, the court is |
3 | | encouraged to:
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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;
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9 | | (ii) impose a minimum penalty of 24 hours |
10 | | imprisonment for respondent's
first violation of any |
11 | | order of protection; and
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12 | | (iii) impose a minimum penalty of 48 hours |
13 | | imprisonment for
respondent's second or subsequent |
14 | | violation of an order of protection
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15 | | unless the court explicitly finds that an increased penalty |
16 | | or that
period of imprisonment would be manifestly unjust.
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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:
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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;
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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.
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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.
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10 | | (h) A respondent shall be required by the court to wear, |
11 | | during the period in which the order of protection is in |
12 | | effect, an electronic monitoring device approved by the court |
13 | | that has Global Positioning System (GPS) capability. The cost |
14 | | of installing and maintaining the device shall be borne by the |
15 | | respondent unless the court determines that the respondent is |
16 | | indigent. Upon being ordered to wear the device, a non-indigent |
17 | | respondent shall additionally pay a fee determined by the court |
18 | | to cover the cost of installing and maintaining a GPS device. |
19 | | The fees shall be deposited into the Indigent GPS Electronic |
20 | | Monitoring Device Fund which is created as a special fund in
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21 | | the State treasury and administered by the Secretary of Human |
22 | | Services. The Secretary shall, subject to
appropriation by the |
23 | | General Assembly, use all money in the
Indigent GPS Electronic |
24 | | Monitoring Device Fund to reimburse electronic monitoring |
25 | | device
providers who have installed devices on indigent
persons |
26 | | against whom an order of protection has been issued under this |
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1 | | Section. The
Secretary of Human Services shall make payments to |
2 | | those providers every 3 months.
If the amount of money in the |
3 | | Fund at the time payments are
made is not sufficient to pay all |
4 | | requests for reimbursement
submitted during that 3 month |
5 | | period, the Secretary shall make
payments on a pro-rata basis, |
6 | | and those payments shall be
considered payment in full for the |
7 | | requests submitted.
The GPS Monitoring Device Administration
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8 | | Fee Fund is created as a special fund in the State treasury and |
9 | | administered by the Secretary of Human Services.
The Secretary |
10 | | shall, subject to appropriation by the General
Assembly, use |
11 | | the money paid into this Fund to offset his or her
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12 | | administrative costs for administering this subsection. |
13 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)
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