Full Text of HB0734 102nd General Assembly
HB0734enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 112A-20 and 112A-23 as follows:
| 6 | | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| 7 | | Sec. 112A-20. Duration and extension of final protective | 8 | | orders.
| 9 | | (a) (Blank).
| 10 | | (b) A final protective order shall remain in effect as | 11 | | follows:
| 12 | | (1) if entered during pre-trial release, until | 13 | | disposition, withdrawal,
or dismissal of the underlying | 14 | | charge; if, however, the case is continued as an
| 15 | | independent cause of action, the order's duration may be | 16 | | for a fixed period
of time not to exceed 2 years;
| 17 | | (2) if in effect in conjunction with a bond forfeiture | 18 | | warrant, until
final disposition or an additional period
| 19 | | of time not
exceeding 2 years; no domestic violence order | 20 | | of
protection, however, shall be terminated by a dismissal | 21 | | that is accompanied
by the issuance of a bond forfeiture | 22 | | warrant;
| 23 | | (3) until 2 years after the expiration of any |
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| 1 | | supervision, conditional discharge,
probation, periodic | 2 | | imprisonment, parole, aftercare release, or mandatory | 3 | | supervised release for domestic violence orders of | 4 | | protection and civil no contact orders; or
| 5 | | (4) until 2 years after the date set by the court for | 6 | | expiration of any sentence of
imprisonment and subsequent | 7 | | parole, aftercare release, or mandatory supervised release
| 8 | | for domestic violence orders of protection and civil no | 9 | | contact orders; and
| 10 | | (5) permanent for a stalking no contact order if a | 11 | | judgment of conviction for stalking is entered ; or . | 12 | | (6) permanent for a civil no contact order at the | 13 | | victim's request if a judgment of conviction for criminal | 14 | | sexual assault, aggravated criminal sexual assault, | 15 | | criminal sexual abuse, excluding a conviction under | 16 | | subsection (c) of Section 11-1.50 of the Criminal Code of | 17 | | 2012, or aggravated criminal sexual abuse is entered. | 18 | | (c) Computation of time. The duration of a domestic | 19 | | violence order of protection shall
not be reduced by the | 20 | | duration of any prior domestic violence order of protection.
| 21 | | (d) Law enforcement records. When a protective order | 22 | | expires
upon the occurrence of a specified event, rather than | 23 | | upon a specified date
as provided in subsection (b), no | 24 | | expiration date shall be entered in
Department of State Police | 25 | | records. To remove the protective order from
those records, | 26 | | either the petitioner or the respondent shall request the |
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| 1 | | clerk of the court to file a
certified copy of an order stating | 2 | | that the specified event has occurred or
that the protective | 3 | | order has been vacated or modified with the sheriff, and the
| 4 | | sheriff shall direct that law enforcement records shall be | 5 | | promptly
corrected in accordance with the filed order.
| 6 | | (e) Extension of Orders. Any domestic violence order of
| 7 | | protection or civil no contact order that expires 2 years | 8 | | after the expiration of the defendant's sentence under | 9 | | paragraph (2), (3), or (4) of subsection (b) of Section | 10 | | 112A-20 of this Article may be extended one or more times, as | 11 | | required. The petitioner, petitioner's counsel, or the State's | 12 | | Attorney on the petitioner's behalf shall file the motion for | 13 | | an extension of the final protective order in the criminal | 14 | | case and serve the motion in accordance with Supreme Court | 15 | | Rules 11 and 12. The court shall transfer the motion to the | 16 | | appropriate court or division for consideration under | 17 | | subsection (e) of Section 220 of the Illinois Domestic | 18 | | Violence Act of 1986, subsection (c) of Section 216 of the | 19 | | Civil No Contact Order Act, or subsection (c) of Section 105 of | 20 | | the Stalking No Contact Order as appropriate.
| 21 | | (f) Termination date. Any final protective order which | 22 | | would expire on a
court holiday shall instead expire at the | 23 | | close of the next court business day.
| 24 | | (g) Statement of purpose. The practice of dismissing or | 25 | | suspending a
criminal prosecution in exchange for issuing a | 26 | | protective order
undermines the purposes of this Article. This |
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| 1 | | Section shall not be
construed as encouraging that practice.
| 2 | | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| 3 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| 4 | | Sec. 112A-23. Enforcement of protective orders.
| 5 | | (a) When violation is crime. A violation of any protective | 6 | | order,
whether issued in a civil, quasi-criminal proceeding, | 7 | | shall be
enforced by a
criminal court when:
| 8 | | (1) The respondent commits the crime of violation of a | 9 | | domestic violence order of
protection pursuant to Section | 10 | | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | 11 | | Criminal Code of 2012, by
having knowingly violated:
| 12 | | (i) remedies described in paragraphs (1), (2), | 13 | | (3), (14),
or
(14.5)
of subsection (b) of Section | 14 | | 112A-14 of this Code,
| 15 | | (ii) a remedy, which is substantially similar to | 16 | | the remedies
authorized
under paragraphs (1), (2), | 17 | | (3), (14), or (14.5) of subsection (b) of Section 214
| 18 | | of the Illinois Domestic Violence Act of 1986, in a | 19 | | valid order of protection,
which is authorized under | 20 | | the laws of another state, tribe or United States
| 21 | | territory, or
| 22 | | (iii) or any other remedy when the act
constitutes | 23 | | a crime against the protected parties as defined by | 24 | | the Criminal
Code of 1961 or the Criminal Code of 2012.
| 25 | | Prosecution for a violation of a domestic violence |
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| 1 | | order of protection shall
not bar concurrent prosecution | 2 | | for any other crime, including any crime
that may have | 3 | | been committed at the time of the violation of the | 4 | | domestic violence order
of protection; or
| 5 | | (2) The respondent commits the crime of child | 6 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 7 | | 1961 or the Criminal Code of 2012, by having knowingly | 8 | | violated:
| 9 | | (i) remedies described in paragraphs (5), (6), or | 10 | | (8) of subsection
(b)
of
Section 112A-14 of this Code, | 11 | | or
| 12 | | (ii) a remedy, which is substantially similar to | 13 | | the remedies
authorized
under paragraphs (1),
(5), | 14 | | (6), or (8) of subsection (b) of Section 214
of the | 15 | | Illinois Domestic Violence Act of 1986, in a valid | 16 | | domestic violence order of protection,
which is | 17 | | authorized under the laws of another state, tribe or | 18 | | United States
territory.
| 19 | | (3) The respondent commits the crime of violation of a | 20 | | civil no contact order when the respondent violates | 21 | | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | 22 | | for a violation of a civil no contact order shall not bar | 23 | | concurrent prosecution for any other crime, including any | 24 | | crime that may have been committed at the time of the | 25 | | violation of the civil no contact order. | 26 | | (4) The respondent commits the crime of violation of a |
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| 1 | | stalking no contact order when the respondent violates | 2 | | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | 3 | | for a violation of a stalking no contact order shall not | 4 | | bar concurrent prosecution for any other crime, including | 5 | | any crime that may have been committed at the time of the | 6 | | violation of the stalking no contact order. | 7 | | (b) When violation is contempt of court. A violation of | 8 | | any valid protective order, whether issued in a civil or | 9 | | criminal
proceeding, may be enforced through civil or criminal | 10 | | contempt procedures,
as appropriate, by any court with | 11 | | jurisdiction, regardless where the act or
acts which violated | 12 | | the protective order were committed, to the extent
consistent | 13 | | with the venue provisions of this Article. Nothing in this
| 14 | | Article shall preclude any Illinois court from enforcing any | 15 | | valid protective order issued in another state. Illinois | 16 | | courts may enforce protective orders through both criminal | 17 | | prosecution and contempt proceedings,
unless the action which | 18 | | is second in time is barred by collateral estoppel
or the | 19 | | constitutional prohibition against double jeopardy.
| 20 | | (1) In a contempt proceeding where the petition for a | 21 | | rule to show
cause sets forth facts evidencing an | 22 | | immediate danger that the
respondent will flee the | 23 | | jurisdiction, conceal a child, or inflict physical
abuse | 24 | | on the petitioner or minor children or on dependent adults | 25 | | in
petitioner's care, the court may order the
attachment | 26 | | of the respondent without prior service of the rule to |
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| 1 | | show
cause or the petition for a rule to show cause. Bond | 2 | | shall be set unless
specifically denied in writing.
| 3 | | (2) A petition for a rule to show cause for violation | 4 | | of a protective order shall be treated as an expedited | 5 | | proceeding.
| 6 | | (c) Violation of custody, allocation of parental | 7 | | responsibility, or support orders. A violation of remedies
| 8 | | described in paragraphs (5), (6), (8), or (9) of subsection | 9 | | (b) of Section
112A-14 of this Code may be enforced by any | 10 | | remedy provided by Section 607.5 of
the Illinois Marriage and | 11 | | Dissolution of Marriage Act. The court may
enforce any order | 12 | | for support issued under paragraph (12) of subsection (b)
of | 13 | | Section 112A-14 of this Code in the manner provided for under | 14 | | Parts
V and VII of the
Illinois Marriage and Dissolution of | 15 | | Marriage Act.
| 16 | | (d) Actual knowledge. A protective order may be
enforced | 17 | | pursuant to this Section if the respondent violates the order
| 18 | | after respondent has actual knowledge of its contents
as shown | 19 | | through one of the following means:
| 20 | | (1) (Blank).
| 21 | | (2) (Blank).
| 22 | | (3) By service of a protective order under subsection | 23 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| 24 | | (4) By other means demonstrating actual knowledge of | 25 | | the contents of the order.
| 26 | | (e) The enforcement of a protective order in civil or |
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| 1 | | criminal court
shall not be affected by either of the | 2 | | following:
| 3 | | (1) The existence of a separate, correlative order | 4 | | entered under Section
112A-15 of this Code.
| 5 | | (2) Any finding or order entered in a conjoined | 6 | | criminal proceeding.
| 7 | | (e-5) If a civil no contact order entered under subsection | 8 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 9 | | 1963 conflicts with an order issued pursuant to the Juvenile | 10 | | Court Act of 1987 or the Illinois Marriage and Dissolution of | 11 | | Marriage Act, the conflicting order issued under subsection | 12 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 13 | | 1963 shall be void. | 14 | | (f) Circumstances. The court, when determining whether or | 15 | | not a
violation of a protective order has occurred, shall not | 16 | | require
physical manifestations of abuse on the person of the | 17 | | victim.
| 18 | | (g) Penalties.
| 19 | | (1) Except as provided in paragraph (3) of this
| 20 | | subsection (g), where the court finds the commission of a | 21 | | crime or contempt of
court under subsections (a) or (b) of | 22 | | this Section, the penalty shall be
the penalty that | 23 | | generally applies in such criminal or contempt
| 24 | | proceedings, and may include one or more of the following: | 25 | | incarceration,
payment of restitution, a fine, payment of | 26 | | attorneys' fees and costs, or
community service.
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| 1 | | (2) The court shall hear and take into account | 2 | | evidence of any factors
in aggravation or mitigation | 3 | | before deciding an appropriate penalty under
paragraph (1) | 4 | | of this subsection (g).
| 5 | | (3) To the extent permitted by law, the court is | 6 | | encouraged to:
| 7 | | (i) increase the penalty for the knowing violation | 8 | | of
any protective order over any penalty previously | 9 | | imposed by any court
for respondent's violation of any | 10 | | protective order or penal statute
involving petitioner | 11 | | as victim and respondent as defendant;
| 12 | | (ii) impose a minimum penalty of 24 hours | 13 | | imprisonment for respondent's
first violation of any | 14 | | protective order; and
| 15 | | (iii) impose a minimum penalty of 48 hours | 16 | | imprisonment for
respondent's second or subsequent | 17 | | violation of a protective order | 18 | | unless the court explicitly finds that an increased | 19 | | penalty or that
period of imprisonment would be manifestly | 20 | | unjust.
| 21 | | (4) In addition to any other penalties imposed for a | 22 | | violation of a protective order, a criminal court may | 23 | | consider evidence of any
violations of a protective order:
| 24 | | (i) to increase, revoke, or modify the bail bond | 25 | | on an underlying
criminal charge pursuant to Section | 26 | | 110-6 of this Code;
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| 1 | | (ii) to revoke or modify an order of probation, | 2 | | conditional discharge, or
supervision, pursuant to | 3 | | Section 5-6-4 of the Unified Code of Corrections;
| 4 | | (iii) to revoke or modify a sentence of periodic | 5 | | imprisonment, pursuant
to Section 5-7-2 of the Unified | 6 | | Code of Corrections.
| 7 | | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | 8 | | 100-597, eff. 6-29-18; revised 7-12-19.)
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