Judiciary II - Criminal Law Committee
Filed: 3/13/2008
 
 

 




 

 		












09500HB5148ham001

LRB095 19675 AJO 46833 a






1

AMENDMENT TO HOUSE BILL 5148 




2
    AMENDMENT NO. ______. Amend House Bill 5148 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by changing Section 112A-20 as follows:
 



6
    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)


7
    Sec. 112A-20. Duration and extension of orders. 

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:


11
        (1) Emergency orders issued under Section 112A-17 
12
    shall be
effective for not less than 14 nor more than 21 
13
    days;


14
        (2) Interim orders shall be effective for up to 30 
15
    days.

16
    (b) Duration of plenary orders.  Except as otherwise 
 


 






09500HB5148ham001
- 2 -
LRB095 19675 AJO 46833 a




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:


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

8
    independent cause of action, the order's duration may be 
9
    for a fixed period
of time not to exceed 2 years;


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;


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


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.

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.

26
    (d) Law enforcement records.  When a plenary order of 
 


 






09500HB5148ham001
- 3 -
LRB095 19675 AJO 46833 a




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

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.

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

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.

26
    (f) Termination date.  Any order of protection which would 
 


 






09500HB5148ham001
- 4 -
LRB095 19675 AJO 46833 a




1
expire on a
court holiday shall instead expire at the close of 
2
the next court business day.

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.

8
(Source: P.A. 87-1186.)



 
9
    Section 10. The Illinois Domestic Violence Act of 1986 is 
10
amended  by changing Section 220 as follows:
 



11
    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)



12
    Sec. 220. Duration and extension of orders. 

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:


16
        (1) Emergency orders issued under Section 217 shall be 
17
    effective for
not less than 14 nor more than 21 days;


18
        (2) Interim orders shall be effective for up to 30 
19
    days.

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.


23
        (1) A plenary order of protection entered in 
24
    conjunction with another
civil
proceeding shall remain in 
 


 






09500HB5148ham001
- 5 -
LRB095 19675 AJO 46833 a




1
    effect as follows:


2
            (i) if entered as preliminary relief in that other 
3
        proceeding, until
entry of final judgment in
that other 
4
        proceeding;


5
            (ii) if incorporated into the final judgment in 
6
        that other
proceeding, until the order of protection is 
7
        vacated or modified; or


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.


12
        (2) A plenary order of protection entered in 
13
    conjunction with a criminal
prosecution shall remain in 
14
    effect as follows:


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;


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;


 


 






09500HB5148ham001
- 6 -
LRB095 19675 AJO 46833 a




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

5
        exceeding 2 years; or


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.

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.

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.

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 
 


 






09500HB5148ham001
- 7 -
LRB095 19675 AJO 46833 a




1
appropriate, are satisfied.
 If the motion for extension is 
2
uncontested and petitioner seeks no
modification of the order,

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.

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.

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.

21
(Source: P.A. 86-966; 87-1186.)".