103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3392

 

Introduced 2/8/2024, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-23  from Ch. 38, par. 112A-23
740 ILCS 22/220
750 ILCS 60/223  from Ch. 40, par. 2312-23

    Amends the Civil No Contact Order Act, the Illinois Domestic Violence Act of 1986, and the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that the court is encouraged to impose (i) a minimum penalty of 48 (rather than 24) hours imprisonment for a first violation of a civil no contact order, an order of protection, or a protective order and (ii) a minimum penalty of 96 (rather than 48) hours imprisonment for a second or subsequent violation of a civil no contact order, an order of protection, or a protective order.


LRB103 36573 JRC 66681 b

 

 

A BILL FOR

 

SB3392LRB103 36573 JRC 66681 b

1    AN ACT concerning victims of violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-23 as follows:
 
6    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
7    Sec. 112A-23. Enforcement of protective orders.
8    (a) When violation is crime. A violation of any protective
9order, whether issued in a civil, quasi-criminal proceeding or
10by a military judge, shall be enforced by a criminal court
11when:
12        (1) The respondent commits the crime of violation of a
13    domestic violence order of protection pursuant to Section
14    12-3.4 or 12-30 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, by having knowingly violated:
16            (i) remedies described in paragraph (1), (2), (3),
17        (14), or (14.5) of subsection (b) of Section 112A-14
18        of this Code,
19            (ii) a remedy, which is substantially similar to
20        the remedies authorized under paragraph (1), (2), (3),
21        (14), or (14.5) of subsection (b) of Section 214 of the
22        Illinois Domestic Violence Act of 1986, in a valid
23        order of protection, which is authorized under the

 

 

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1        laws of another state, tribe, or United States
2        territory, or
3            (iii) any other remedy when the act constitutes a
4        crime against the protected parties as defined by the
5        Criminal Code of 1961 or the Criminal Code of 2012.
6        Prosecution for a violation of a domestic violence
7    order of protection shall not bar concurrent prosecution
8    for any other crime, including any crime that may have
9    been committed at the time of the violation of the
10    domestic violence order of protection; or
11        (2) The respondent commits the crime of child
12    abduction pursuant to Section 10-5 of the Criminal Code of
13    1961 or the Criminal Code of 2012, by having knowingly
14    violated:
15            (i) remedies described in paragraph (5), (6), or
16        (8) of subsection (b) of Section 112A-14 of this Code,
17        or
18            (ii) a remedy, which is substantially similar to
19        the remedies authorized under paragraph (1), (5), (6),
20        or (8) of subsection (b) of Section 214 of the Illinois
21        Domestic Violence Act of 1986, in a valid domestic
22        violence order of protection, which is authorized
23        under the laws of another state, tribe, or United
24        States territory.
25        (3) The respondent commits the crime of violation of a
26    civil no contact order when the respondent violates

 

 

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1    Section 12-3.8 of the Criminal Code of 2012. Prosecution
2    for a violation of a civil no contact order shall not bar
3    concurrent prosecution for any other crime, including any
4    crime that may have been committed at the time of the
5    violation of the civil no contact order.
6        (4) The respondent commits the crime of violation of a
7    stalking no contact order when the respondent violates
8    Section 12-3.9 of the Criminal Code of 2012. Prosecution
9    for a violation of a stalking no contact order shall not
10    bar concurrent prosecution for any other crime, including
11    any crime that may have been committed at the time of the
12    violation of the stalking no contact order.
13    (b) When violation is contempt of court. A violation of
14any valid protective order, whether issued in a civil or
15criminal proceeding or by a military judge, may be enforced
16through civil or criminal contempt procedures, as appropriate,
17by any court with jurisdiction, regardless where the act or
18acts which violated the protective order were committed, to
19the extent consistent with the venue provisions of this
20Article. Nothing in this Article shall preclude any Illinois
21court from enforcing any valid protective order issued in
22another state. Illinois courts may enforce protective orders
23through both criminal prosecution and contempt proceedings,
24unless the action which is second in time is barred by
25collateral estoppel or the constitutional prohibition against
26double jeopardy.

 

 

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1        (1) In a contempt proceeding where the petition for a
2    rule to show cause sets forth facts evidencing an
3    immediate danger that the respondent will flee the
4    jurisdiction, conceal a child, or inflict physical abuse
5    on the petitioner or minor children or on dependent adults
6    in petitioner's care, the court may order the attachment
7    of the respondent without prior service of the rule to
8    show cause or the petition for a rule to show cause. Bond
9    shall be set unless specifically denied in writing.
10        (2) A petition for a rule to show cause for violation
11    of a protective order shall be treated as an expedited
12    proceeding.
13    (c) Violation of custody, allocation of parental
14responsibility, or support orders. A violation of remedies
15described in paragraph (5), (6), (8), or (9) of subsection (b)
16of Section 112A-14 of this Code may be enforced by any remedy
17provided by Section 607.5 of the Illinois Marriage and
18Dissolution of Marriage Act. The court may enforce any order
19for support issued under paragraph (12) of subsection (b) of
20Section 112A-14 of this Code in the manner provided for under
21Parts V and VII of the Illinois Marriage and Dissolution of
22Marriage Act.
23    (d) Actual knowledge. A protective order may be enforced
24pursuant to this Section if the respondent violates the order
25after the respondent has actual knowledge of its contents as
26shown through one of the following means:

 

 

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1        (1) (Blank).
2        (2) (Blank).
3        (3) By service of a protective order under subsection
4    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
5        (4) By other means demonstrating actual knowledge of
6    the contents of the order.
7    (e) The enforcement of a protective order in civil or
8criminal court shall not be affected by either of the
9following:
10        (1) The existence of a separate, correlative order
11    entered under Section 112A-15 of this Code.
12        (2) Any finding or order entered in a conjoined
13    criminal proceeding.
14    (e-5) If a civil no contact order entered under subsection
15(6) of Section 112A-20 of the Code of Criminal Procedure of
161963 conflicts with an order issued pursuant to the Juvenile
17Court Act of 1987 or the Illinois Marriage and Dissolution of
18Marriage Act, the conflicting order issued under subsection
19(6) of Section 112A-20 of the Code of Criminal Procedure of
201963 shall be void.
21    (f) Circumstances. The court, when determining whether or
22not a violation of a protective order has occurred, shall not
23require physical manifestations of abuse on the person of the
24victim.
25    (g) Penalties.
26        (1) Except as provided in paragraph (3) of this

 

 

SB3392- 6 -LRB103 36573 JRC 66681 b

1    subsection (g), where the court finds the commission of a
2    crime or contempt of court under subsection (a) or (b) of
3    this Section, the penalty shall be the penalty that
4    generally applies in such criminal or contempt
5    proceedings, and may include one or more of the following:
6    incarceration, payment of restitution, a fine, payment of
7    attorneys' fees and costs, or community service.
8        (2) The court shall hear and take into account
9    evidence of any factors in aggravation or mitigation
10    before deciding an appropriate penalty under paragraph (1)
11    of this subsection (g).
12        (3) To the extent permitted by law, the court is
13    encouraged to:
14            (i) increase the penalty for the knowing violation
15        of any protective order over any penalty previously
16        imposed by any court for respondent's violation of any
17        protective order or penal statute involving petitioner
18        as victim and respondent as defendant;
19            (ii) impose a minimum penalty of 48 24 hours
20        imprisonment for respondent's first violation of any
21        protective order; and
22            (iii) impose a minimum penalty of 96 48 hours
23        imprisonment for respondent's second or subsequent
24        violation of a protective order
25    unless the court explicitly finds that an increased
26    penalty or that period of imprisonment would be manifestly

 

 

SB3392- 7 -LRB103 36573 JRC 66681 b

1    unjust.
2        (4) In addition to any other penalties imposed for a
3    violation of a protective order, a criminal court may
4    consider evidence of any violations of a protective order:
5            (i) to modify the conditions of pretrial release
6        on an underlying criminal charge pursuant to Section
7        110-6 of this Code;
8            (ii) to revoke or modify an order of probation,
9        conditional discharge, or supervision, pursuant to
10        Section 5-6-4 of the Unified Code of Corrections;
11            (iii) to revoke or modify a sentence of periodic
12        imprisonment, pursuant to Section 5-7-2 of the Unified
13        Code of Corrections.
14(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
15102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
167-28-23.)
 
17    Section 10. The Civil No Contact Order Act is amended by
18changing Section 220 as follows:
 
19    (740 ILCS 22/220)
20    Sec. 220. Enforcement of a civil no contact order.
21    (a) Nothing in this Act shall preclude any Illinois court
22from enforcing a valid protective order issued in another
23state or by a military judge.
24    (b) Illinois courts may enforce civil no contact orders

 

 

SB3392- 8 -LRB103 36573 JRC 66681 b

1through both criminal proceedings and civil contempt
2proceedings, unless the action which is second in time is
3barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5    (b-1) The court shall not hold a school district or
6private or non-public school or any of its employees in civil
7or criminal contempt unless the school district or private or
8non-public school has been allowed to intervene.
9    (b-2) The court may hold the parents, guardian, or legal
10custodian of a minor respondent in civil or criminal contempt
11for a violation of any provision of any order entered under
12this Act for conduct of the minor respondent in violation of
13this Act if the parents, guardian, or legal custodian
14directed, encouraged, or assisted the respondent minor in such
15conduct.
16    (c) Criminal prosecution. A violation of any civil no
17contact order, whether issued in a civil or criminal
18proceeding or by a military judge, shall be enforced by a
19criminal court when the respondent commits the crime of
20violation of a civil no contact order pursuant to Section 219
21by having knowingly violated:
22        (1) remedies described in Section 213 and included in
23    a civil no contact order; or
24        (2) a provision of an order, which is substantially
25    similar to provisions of Section 213, in a valid civil no
26    contact order which is authorized under the laws of

 

 

SB3392- 9 -LRB103 36573 JRC 66681 b

1    another state, tribe, or United States territory.
2    Prosecution for a violation of a civil no contact order
3shall not bar a concurrent prosecution for any other crime,
4including any crime that may have been committed at the time of
5the violation of the civil no contact order.
6    (d) Contempt of court. A violation of any valid Illinois
7civil no contact order, whether issued in a civil or criminal
8proceeding, may be enforced through civil or criminal contempt
9procedures, as appropriate, by any court with jurisdiction,
10regardless of where the act or acts which violated the civil no
11contact order were committed, to the extent consistent with
12the venue provisions of this Act.
13        (1) In a contempt proceeding where the petition for a
14    rule to show cause or petition for adjudication of
15    criminal contempt sets forth facts evidencing an immediate
16    danger that the respondent will flee the jurisdiction or
17    inflict physical abuse on the petitioner or minor children
18    or on dependent adults in the petitioner's care, the court
19    may order the attachment of the respondent without prior
20    service of the petition for a rule to show cause, the rule
21    to show cause, the petition for adjudication of criminal
22    contempt or the adjudication of criminal contempt.
23    Conditions of release shall be set unless specifically
24    denied in writing.
25        (2) A petition for a rule to show cause or a petition
26    for adjudication of criminal contempt for violation of a

 

 

SB3392- 10 -LRB103 36573 JRC 66681 b

1    civil no contact order shall be treated as an expedited
2    proceeding.
3    (e) Actual knowledge. A civil no contact order may be
4enforced pursuant to this Section if the respondent violates
5the order after the respondent has actual knowledge of its
6contents as shown through one of the following means:
7        (1) by service, delivery, or notice under Section 208;
8        (2) by notice under Section 218;
9        (3) by service of a civil no contact order under
10    Section 218; or
11        (4) by other means demonstrating actual knowledge of
12    the contents of the order.
13    (f) The enforcement of a civil no contact order in civil or
14criminal court shall not be affected by either of the
15following:
16        (1) the existence of a separate, correlative order,
17    entered under Section 202; or
18        (2) any finding or order entered in a conjoined
19    criminal proceeding.
20    (g) Circumstances. The court, when determining whether or
21not a violation of a civil no contact order has occurred, shall
22not require physical manifestations of abuse on the person of
23the victim.
24    (h) Penalties.
25        (1) Except as provided in paragraph (3) of this
26    subsection, where the court finds the commission of a

 

 

SB3392- 11 -LRB103 36573 JRC 66681 b

1    crime or contempt of court under subsection (a) or (b) of
2    this Section, the penalty shall be the penalty that
3    generally applies in such criminal or contempt
4    proceedings, and may include one or more of the following:
5    incarceration, payment of restitution, a fine, payment of
6    attorneys' fees and costs, or community service.
7        (2) The court shall hear and take into account
8    evidence of any factors in aggravation or mitigation
9    before deciding an appropriate penalty under paragraph (1)
10    of this subsection.
11        (3) To the extent permitted by law, the court is
12    encouraged to:
13            (i) increase the penalty for the knowing violation
14        of any civil no contact order over any penalty
15        previously imposed by any court for respondent's
16        violation of any civil no contact order or penal
17        statute involving petitioner as victim and respondent
18        as defendant;
19            (ii) impose a minimum penalty of 48 24 hours
20        imprisonment for respondent's first violation of any
21        civil no contact order; and
22            (iii) impose a minimum penalty of 96 48 hours
23        imprisonment for respondent's second or subsequent
24        violation of a civil no contact order unless the court
25        explicitly finds that an increased penalty or that
26        period of imprisonment would be manifestly unjust.

 

 

SB3392- 12 -LRB103 36573 JRC 66681 b

1        (4) In addition to any other penalties imposed for a
2    violation of a civil no contact order, a criminal court
3    may consider evidence of any previous violations of a
4    civil no contact order:
5            (i) to modify the conditions of pretrial release
6        on an underlying criminal charge pursuant to Section
7        110-6 of the Code of Criminal Procedure of 1963;
8            (ii) to revoke or modify an order of probation,
9        conditional discharge or supervision, pursuant to
10        Section 5-6-4 of the Unified Code of Corrections; or
11            (iii) to revoke or modify a sentence of periodic
12        imprisonment, pursuant to Section 5-7-2 of the Unified
13        Code of Corrections.
14(Source: P.A. 103-407, eff. 7-28-23.)
 
15    Section 15. The Illinois Domestic Violence Act of 1986 is
16amended by changing Section 223 as follows:
 
17    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
18    Sec. 223. Enforcement of orders of protection.
19    (a) When violation is crime. A violation of any order of
20protection, whether issued in a civil or criminal proceeding
21or by a military judge, shall be enforced by a criminal court
22when:
23        (1) The respondent commits the crime of violation of
24    an order of protection pursuant to Section 12-3.4 or 12-30

 

 

SB3392- 13 -LRB103 36573 JRC 66681 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    by having knowingly violated:
3            (i) remedies described in paragraphs (1), (2),
4        (3), (14), or (14.5) of subsection (b) of Section 214
5        of this Act; or
6            (ii) a remedy, which is substantially similar to
7        the remedies authorized under paragraphs (1), (2),
8        (3), (14), and (14.5) of subsection (b) of Section 214
9        of this Act, in a valid order of protection which is
10        authorized under the laws of another state, tribe, or
11        United States territory; or
12            (iii) any other remedy when the act constitutes a
13        crime against the protected parties as defined by the
14        Criminal Code of 1961 or the Criminal Code of 2012.
15        Prosecution for a violation of an order of protection
16    shall not bar concurrent prosecution for any other crime,
17    including any crime that may have been committed at the
18    time of the violation of the order of protection; or
19        (2) The respondent commits the crime of child
20    abduction pursuant to Section 10-5 of the Criminal Code of
21    1961 or the Criminal Code of 2012, by having knowingly
22    violated:
23            (i) remedies described in paragraphs (5), (6) or
24        (8) of subsection (b) of Section 214 of this Act; or
25            (ii) a remedy, which is substantially similar to
26        the remedies authorized under paragraphs (5), (6), or

 

 

SB3392- 14 -LRB103 36573 JRC 66681 b

1        (8) of subsection (b) of Section 214 of this Act, in a
2        valid order of protection which is authorized under
3        the laws of another state, tribe, or United States
4        territory.
5    (b) When violation is contempt of court. A violation of
6any valid Illinois order of protection, whether issued in a
7civil or criminal proceeding or by a military judge, may be
8enforced through civil or criminal contempt procedures, as
9appropriate, by any court with jurisdiction, regardless where
10the act or acts which violated the order of protection were
11committed, to the extent consistent with the venue provisions
12of this Act. Nothing in this Act shall preclude any Illinois
13court from enforcing any valid order of protection issued in
14another state. Illinois courts may enforce orders of
15protection through both criminal prosecution and contempt
16proceedings, unless the action which is second in time is
17barred by collateral estoppel or the constitutional
18prohibition against double jeopardy.
19        (1) In a contempt proceeding where the petition for a
20    rule to show cause sets forth facts evidencing an
21    immediate danger that the respondent will flee the
22    jurisdiction, conceal a child, or inflict physical abuse
23    on the petitioner or minor children or on dependent adults
24    in petitioner's care, the court may order the attachment
25    of the respondent without prior service of the rule to
26    show cause or the petition for a rule to show cause.

 

 

SB3392- 15 -LRB103 36573 JRC 66681 b

1    Conditions of release shall be set unless specifically
2    denied in writing.
3        (2) A petition for a rule to show cause for violation
4    of an order of protection shall be treated as an expedited
5    proceeding.
6    (b-1) The court shall not hold a school district or
7private or non-public school or any of its employees in civil
8or criminal contempt unless the school district or private or
9non-public school has been allowed to intervene.
10    (b-2) The court may hold the parents, guardian, or legal
11custodian of a minor respondent in civil or criminal contempt
12for a violation of any provision of any order entered under
13this Act for conduct of the minor respondent in violation of
14this Act if the parents, guardian, or legal custodian
15directed, encouraged, or assisted the respondent minor in such
16conduct.
17    (c) Violation of custody or support orders or temporary or
18final judgments allocating parental responsibilities. A
19violation of remedies described in paragraphs (5), (6), (8),
20or (9) of subsection (b) of Section 214 of this Act may be
21enforced by any remedy provided by Section 607.5 of the
22Illinois Marriage and Dissolution of Marriage Act. The court
23may enforce any order for support issued under paragraph (12)
24of subsection (b) of Section 214 in the manner provided for
25under Parts V and VII of the Illinois Marriage and Dissolution
26of Marriage Act.

 

 

SB3392- 16 -LRB103 36573 JRC 66681 b

1    (d) Actual knowledge. An order of protection may be
2enforced pursuant to this Section if the respondent violates
3the order after the respondent has actual knowledge of its
4contents as shown through one of the following means:
5        (1) By service, delivery, or notice under Section 210.
6        (2) By notice under Section 210.1 or 211.
7        (3) By service of an order of protection under Section
8    222.
9        (4) By other means demonstrating actual knowledge of
10    the contents of the order.
11    (e) The enforcement of an order of protection in civil or
12criminal court shall not be affected by either of the
13following:
14        (1) The existence of a separate, correlative order,
15    entered under Section 215.
16        (2) Any finding or order entered in a conjoined
17    criminal proceeding.
18    (f) Circumstances. The court, when determining whether or
19not a violation of an order of protection has occurred, shall
20not require physical manifestations of abuse on the person of
21the victim.
22    (g) Penalties.
23        (1) Except as provided in paragraph (3) of this
24    subsection, where the court finds the commission of a
25    crime or contempt of court under subsections (a) or (b) of
26    this Section, the penalty shall be the penalty that

 

 

SB3392- 17 -LRB103 36573 JRC 66681 b

1    generally applies in such criminal or contempt
2    proceedings, and may include one or more of the following:
3    incarceration, payment of restitution, a fine, payment of
4    attorneys' fees and costs, or community service.
5        (2) The court shall hear and take into account
6    evidence of any factors in aggravation or mitigation
7    before deciding an appropriate penalty under paragraph (1)
8    of this subsection.
9        (3) To the extent permitted by law, the court is
10    encouraged to:
11            (i) increase the penalty for the knowing violation
12        of any order of protection over any penalty previously
13        imposed by any court for respondent's violation of any
14        order of protection or penal statute involving
15        petitioner as victim and respondent as defendant;
16            (ii) impose a minimum penalty of 48 24 hours
17        imprisonment for respondent's first violation of any
18        order of protection; and
19            (iii) impose a minimum penalty of 96 48 hours
20        imprisonment for respondent's second or subsequent
21        violation of an order of protection
22    unless the court explicitly finds that an increased
23    penalty or that period of imprisonment would be manifestly
24    unjust.
25        (4) In addition to any other penalties imposed for a
26    violation of an order of protection, a criminal court may

 

 

SB3392- 18 -LRB103 36573 JRC 66681 b

1    consider evidence of any violations of an order of
2    protection:
3            (i) to increase, revoke or modify the conditions
4        of pretrial release on an underlying criminal charge
5        pursuant to Section 110-6 of the Code of Criminal
6        Procedure of 1963;
7            (ii) to revoke or modify an order of probation,
8        conditional discharge or supervision, pursuant to
9        Section 5-6-4 of the Unified Code of Corrections;
10            (iii) to revoke or modify a sentence of periodic
11        imprisonment, pursuant to Section 5-7-2 of the Unified
12        Code of Corrections.
13        (5) In addition to any other penalties, the court
14    shall impose an additional fine of $20 as authorized by
15    Section 5-9-1.11 of the Unified Code of Corrections upon
16    any person convicted of or placed on supervision for a
17    violation of an order of protection. The additional fine
18    shall be imposed for each violation of this Section.
19(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)