Illinois General Assembly - Full Text of SB0257
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Full Text of SB0257  102nd General Assembly

SB0257enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0257 EnrolledLRB102 04087 LNS 14103 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 1.1 as follows:
 
6    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or
10    possession of cannabis, a controlled substance, or
11    methamphetamine within the past year; or
12        (2) determined by the Illinois State Police to be
13    addicted to narcotics based upon federal law or federal
14    guidelines.
15    "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20    "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,

 

 

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1mental impairment, incompetency, condition, or disease:
2        (1) presents a clear and present danger to himself,
3    herself, or to others;
4        (2) lacks the mental capacity to manage his or her own
5    affairs or is adjudicated a person with a disability as
6    defined in Section 11a-2 of the Probate Act of 1975;
7        (3) is not guilty in a criminal case by reason of
8    insanity, mental disease or defect;
9        (3.5) is guilty but mentally ill, as provided in
10    Section 5-2-6 of the Unified Code of Corrections;
11        (4) is incompetent to stand trial in a criminal case;
12        (5) is not guilty by reason of lack of mental
13    responsibility under Articles 50a and 72b of the Uniform
14    Code of Military Justice, 10 U.S.C. 850a, 876b;
15        (6) is a sexually violent person under subsection (f)
16    of Section 5 of the Sexually Violent Persons Commitment
17    Act;
18        (7) is a sexually dangerous person under the Sexually
19    Dangerous Persons Act;
20        (8) is unfit to stand trial under the Juvenile Court
21    Act of 1987;
22        (9) is not guilty by reason of insanity under the
23    Juvenile Court Act of 1987;
24        (10) is subject to involuntary admission as an
25    inpatient as defined in Section 1-119 of the Mental Health
26    and Developmental Disabilities Code;

 

 

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1        (11) is subject to involuntary admission as an
2    outpatient as defined in Section 1-119.1 of the Mental
3    Health and Developmental Disabilities Code;
4        (12) is subject to judicial admission as set forth in
5    Section 4-500 of the Mental Health and Developmental
6    Disabilities Code; or
7        (13) is subject to the provisions of the Interstate
8    Agreements on Sexually Dangerous Persons Act.
9    "Clear and present danger" means a person who:
10        (1) communicates a serious threat of physical violence
11    against a reasonably identifiable victim or poses a clear
12    and imminent risk of serious physical injury to himself,
13    herself, or another person as determined by a physician,
14    clinical psychologist, or qualified examiner; or
15        (2) demonstrates threatening physical or verbal
16    behavior, such as violent, suicidal, or assaultive
17    threats, actions, or other behavior, as determined by a
18    physician, clinical psychologist, qualified examiner,
19    school administrator, or law enforcement official.
20    "Clinical psychologist" has the meaning provided in
21Section 1-103 of the Mental Health and Developmental
22Disabilities Code.
23    "Controlled substance" means a controlled substance or
24controlled substance analog as defined in the Illinois
25Controlled Substances Act.
26    "Counterfeit" means to copy or imitate, without legal

 

 

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1authority, with intent to deceive.
2    "Federally licensed firearm dealer" means a person who is
3licensed as a federal firearms dealer under Section 923 of the
4federal Gun Control Act of 1968 (18 U.S.C. 923).
5    "Firearm" means any device, by whatever name known, which
6is designed to expel a projectile or projectiles by the action
7of an explosion, expansion of gas or escape of gas; excluding,
8however:
9        (1) any pneumatic gun, spring gun, paint ball gun, or
10    B-B gun which expels a single globular projectile not
11    exceeding .18 inch in diameter or which has a maximum
12    muzzle velocity of less than 700 feet per second;
13        (1.1) any pneumatic gun, spring gun, paint ball gun,
14    or B-B gun which expels breakable paint balls containing
15    washable marking colors;
16        (2) any device used exclusively for signaling or
17    safety and required or recommended by the United States
18    Coast Guard or the Interstate Commerce Commission;
19        (3) any device used exclusively for the firing of stud
20    cartridges, explosive rivets or similar industrial
21    ammunition; and
22        (4) an antique firearm (other than a machine-gun)
23    which, although designed as a weapon, the Illinois State
24    Police finds by reason of the date of its manufacture,
25    value, design, and other characteristics is primarily a
26    collector's item and is not likely to be used as a weapon.

 

 

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1    "Firearm ammunition" means any self-contained cartridge or
2shotgun shell, by whatever name known, which is designed to be
3used or adaptable to use in a firearm; excluding, however:
4        (1) any ammunition exclusively designed for use with a
5    device used exclusively for signaling signalling or safety
6    and required or recommended by the United States Coast
7    Guard or the Interstate Commerce Commission; and
8        (2) any ammunition designed exclusively for use with a
9    stud or rivet driver or other similar industrial
10    ammunition.
11    "Gun show" means an event or function:
12        (1) at which the sale and transfer of firearms is the
13    regular and normal course of business and where 50 or more
14    firearms are displayed, offered, or exhibited for sale,
15    transfer, or exchange; or
16        (2) at which not less than 10 gun show vendors
17    display, offer, or exhibit for sale, sell, transfer, or
18    exchange firearms.
19    "Gun show" includes the entire premises provided for an
20event or function, including parking areas for the event or
21function, that is sponsored to facilitate the purchase, sale,
22transfer, or exchange of firearms as described in this
23Section. Nothing in this definition shall be construed to
24exclude a gun show held in conjunction with competitive
25shooting events at the World Shooting Complex sanctioned by a
26national governing body in which the sale or transfer of

 

 

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1firearms is authorized under subparagraph (5) of paragraph (g)
2of subsection (A) of Section 24-3 of the Criminal Code of 2012.
3    Unless otherwise expressly stated, "gun show" does not
4include training or safety classes, competitive shooting
5events, such as rifle, shotgun, or handgun matches, trap,
6skeet, or sporting clays shoots, dinners, banquets, raffles,
7or any other event where the sale or transfer of firearms is
8not the primary course of business.
9    "Gun show promoter" means a person who organizes or
10operates a gun show.
11    "Gun show vendor" means a person who exhibits, sells,
12offers for sale, transfers, or exchanges any firearms at a gun
13show, regardless of whether the person arranges with a gun
14show promoter for a fixed location from which to exhibit,
15sell, offer for sale, transfer, or exchange any firearm.
16    "Involuntarily admitted" has the meaning as prescribed in
17Sections 1-119 and 1-119.1 of the Mental Health and
18Developmental Disabilities Code.
19    "Mental health facility" means any licensed private
20hospital or hospital affiliate, institution, or facility, or
21part thereof, and any facility, or part thereof, operated by
22the State or a political subdivision thereof which provides
23provide treatment of persons with mental illness and includes
24all hospitals, institutions, clinics, evaluation facilities,
25mental health centers, colleges, universities, long-term care
26facilities, and nursing homes, or parts thereof, which provide

 

 

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1treatment of persons with mental illness whether or not the
2primary purpose is to provide treatment of persons with mental
3illness.
4    "National governing body" means a group of persons who
5adopt rules and formulate policy on behalf of a national
6firearm sporting organization.
7    "Patient" means:
8        (1) a person who is admitted as an inpatient or
9    resident of a public or private mental health facility for
10    mental health treatment under Chapter III of the Mental
11    Health and Developmental Disabilities Code as an informal
12    admission, a voluntary admission, a minor admission, an
13    emergency admission, or an involuntary admission, unless
14    the treatment was solely for an alcohol abuse disorder; or
15        (2) a person who voluntarily or involuntarily receives
16    mental health treatment as an out-patient or is otherwise
17    provided services by a public or private mental health
18    facility, and who poses a clear and present danger to
19    himself, herself, or to others.
20    "Person with a developmental disability" means a person
21with a disability which is attributable to any other condition
22which results in impairment similar to that caused by an
23intellectual disability and which requires services similar to
24those required by persons with intellectual disabilities. The
25disability must originate before the age of 18 years, be
26expected to continue indefinitely, and constitute a

 

 

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1substantial disability. This disability results, in the
2professional opinion of a physician, clinical psychologist, or
3qualified examiner, in significant functional limitations in 3
4or more of the following areas of major life activity:
5        (i) self-care;
6        (ii) receptive and expressive language;
7        (iii) learning;
8        (iv) mobility; or
9        (v) self-direction.
10    "Person with an intellectual disability" means a person
11with a significantly subaverage general intellectual
12functioning which exists concurrently with impairment in
13adaptive behavior and which originates before the age of 18
14years.
15    "Physician" has the meaning as defined in Section 1-120 of
16the Mental Health and Developmental Disabilities Code.
17    "Protective order" means any orders of protection issued
18under the Illinois Domestic Violence Act of 1986, stalking no
19contact orders issued under the Stalking No Contact Order Act,
20civil no contact orders issued under the Civil No Contact
21Order Act, and firearms restraining orders issued under the
22Firearms Restraining Order Act or a substantially similar
23order issued by the court of another state, tribe, or United
24States territory or military tribunal.
25    "Qualified examiner" has the meaning provided in Section
261-122 of the Mental Health and Developmental Disabilities

 

 

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1Code.
2    "Sanctioned competitive shooting event" means a shooting
3contest officially recognized by a national or state shooting
4sport association, and includes any sight-in or practice
5conducted in conjunction with the event.
6    "School administrator" means the person required to report
7under the School Administrator Reporting of Mental Health
8Clear and Present Danger Determinations Law.
9    "Stun gun or taser" has the meaning ascribed to it in
10Section 24-1 of the Criminal Code of 2012.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12revised 10-6-21.)
 
13    Section 10. The Code of Criminal Procedure of 1963 is
14amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
15follows:
 
16    (725 ILCS 5/112A-4.5)
17    Sec. 112A-4.5. Who may file petition.
18    (a) A petition for a domestic violence order of protection
19may be filed:
20        (1) by a named victim who has been abused by a family
21    or household member;
22        (2) by any person or by the State's Attorney on behalf
23    of a named victim who is a minor child or an adult who has
24    been abused by a family or household member and who,

 

 

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1    because of age, health, disability, or inaccessibility,
2    cannot file the petition;
3        (3) by a State's Attorney on behalf of any minor child
4    or dependent adult in the care of the named victim, if the
5    named victim does not file a petition or request the
6    State's Attorney file the petition; or
7        (4) any of the following persons if the person is
8    abused by a family or household member of a child:
9            (i) a foster parent of that child if the child has
10        been placed in the foster parent's home by the
11        Department of Children and Family Services or by
12        another state's public child welfare agency;
13            (ii) a legally appointed guardian or legally
14        appointed custodian of that child;
15            (iii) an adoptive parent of that child;
16            (iv) a prospective adoptive parent of that child
17        if the child has been placed in the prospective
18        adoptive parent's home pursuant to the Adoption Act or
19        pursuant to another state's law.
20    For purposes of this paragraph (a)(4), individuals who
21would have been considered "family or household members" of
22the child under paragraph (3) of subsection (b) of Section
23112A-3 before a termination of the parental rights with
24respect to the child continue to meet the definition of
25"family or household members" of the child.
26    (b) A petition for a civil no contact order may be filed:

 

 

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1        (1) by any person who is a named victim of
2    non-consensual sexual conduct or non-consensual sexual
3    penetration, including a single incident of non-consensual
4    sexual conduct or non-consensual sexual penetration;
5        (2) by a person or by the State's Attorney on behalf of
6    a named victim who is a minor child or an adult who is a
7    victim of non-consensual sexual conduct or non-consensual
8    sexual penetration but, because of age, disability,
9    health, or inaccessibility, cannot file the petition; or
10        (3) by a State's Attorney on behalf of any minor child
11    who is a family or household member of the named victim, if
12    the named victim does not file a petition or request the
13    State's Attorney file the petition;
14        (4) by a service member of the Illinois National Guard
15    or any reserve military component serving within the State
16    who is a victim of non-consensual sexual conduct who has
17    also received a Military Protective Order; or
18        (5) by the Staff Judge Advocate of the Illinois
19    National Guard or any reserve military component serving
20    in the State on behalf of a named victim who is a victim of
21    non-consensual sexual conduct who has also received a
22    Military Protective Order.
23    (c) A petition for a stalking no contact order may be
24filed:
25        (1) by any person who is a named victim of stalking;
26        (2) by a person or by the State's Attorney on behalf of

 

 

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1    a named victim who is a minor child or an adult who is a
2    victim of stalking but, because of age, disability,
3    health, or inaccessibility, cannot file the petition; or
4        (3) by a State's Attorney on behalf of any minor child
5    who is a family or household member of the named victim, if
6    the named victim does not file a petition or request the
7    State's Attorney file the petition ;
8        (4) by a service member of the Illinois National Guard
9    or any reserve military component serving within the State
10    who is a victim of non-consensual sexual conduct who has
11    also received a Military Protective Order; or
12        (5) by the Staff Judge Advocate of the Illinois
13    National Guard or any reserve military component serving
14    in the State on behalf of a named victim who is a victim of
15    non-consensual sexual conduct who has also received a
16    Military Protective Order.
17    (d) The State's Attorney shall file a petition on behalf
18of any person who may file a petition under subsections (a),
19(b), or (c) of this Section if the person requests the State's
20Attorney to file a petition on the person's behalf, unless the
21State's Attorney has a good faith basis to delay filing the
22petition. The State's Attorney shall inform the person that
23the State's Attorney will not be filing the petition at that
24time and that the person may file a petition or may retain an
25attorney to file the petition. The State's Attorney may file
26the petition at a later date.

 

 

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1    (d-5) (1) A person eligible to file a petition under
2subsection (a), (b), or (c) of this Section may retain an
3attorney to represent the petitioner on the petitioner's
4request for a protective order. The attorney's representation
5is limited to matters related to the petition and relief
6authorized under this Article.
7    (2) Advocates shall be allowed to accompany the petitioner
8and confer with the victim, unless otherwise directed by the
9court. Advocates are not engaged in the unauthorized practice
10of law when providing assistance to the petitioner.
11    (e) Any petition properly filed under this Article may
12seek protection for any additional persons protected by this
13Article.
14(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;
15100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
16    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 112A-23. Enforcement of protective orders.
19    (a) When violation is crime. A violation of any protective
20order, whether issued in a civil, quasi-criminal proceeding or
21by a military tribunal, shall be enforced by a criminal court
22when:
23        (1) The respondent commits the crime of violation of a
24    domestic violence order of protection pursuant to Section
25    12-3.4 or 12-30 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012, by having knowingly violated:
2            (i) remedies described in paragraph paragraphs
3        (1), (2), (3), (14), or (14.5) of subsection (b) of
4        Section 112A-14 of this Code,
5            (ii) a remedy, which is substantially similar to
6        the remedies authorized under paragraph paragraphs
7        (1), (2), (3), (14), or (14.5) of subsection (b) of
8        Section 214 of the Illinois Domestic Violence Act of
9        1986, 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 a domestic violence
16    order of protection shall not bar concurrent prosecution
17    for any other crime, including any crime that may have
18    been committed at the time of the violation of the
19    domestic violence order of protection; or
20        (2) The respondent commits the crime of child
21    abduction pursuant to Section 10-5 of the Criminal Code of
22    1961 or the Criminal Code of 2012, by having knowingly
23    violated:
24            (i) remedies described in paragraph paragraphs
25        (5), (6), or (8) of subsection (b) of Section 112A-14
26        of this Code, or

 

 

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1            (ii) a remedy, which is substantially similar to
2        the remedies authorized under paragraph paragraphs
3        (1), (5), (6), or (8) of subsection (b) of Section 214
4        of the Illinois Domestic Violence Act of 1986, in a
5        valid domestic violence order of protection, which is
6        authorized under the laws of another state, tribe, or
7        United States territory.
8        (3) The respondent commits the crime of violation of a
9    civil no contact order when the respondent violates
10    Section 12-3.8 of the Criminal Code of 2012. Prosecution
11    for a violation of a civil no contact order shall not bar
12    concurrent prosecution for any other crime, including any
13    crime that may have been committed at the time of the
14    violation of the civil no contact order.
15        (4) The respondent commits the crime of violation of a
16    stalking no contact order when the respondent violates
17    Section 12-3.9 of the Criminal Code of 2012. Prosecution
18    for a violation of a stalking no contact order shall not
19    bar concurrent prosecution for any other crime, including
20    any crime that may have been committed at the time of the
21    violation of the stalking no contact order.
22    (b) When violation is contempt of court. A violation of
23any valid protective order, whether issued in a civil or
24criminal proceeding or by a military tribunal, may be enforced
25through civil or criminal contempt procedures, as appropriate,
26by any court with jurisdiction, regardless where the act or

 

 

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1acts which violated the protective order were committed, to
2the extent consistent with the venue provisions of this
3Article. Nothing in this Article shall preclude any Illinois
4court from enforcing any valid protective order issued in
5another state. Illinois courts may enforce protective orders
6through both criminal prosecution and contempt proceedings,
7unless the action which is second in time is barred by
8collateral estoppel or the constitutional prohibition against
9double jeopardy.
10        (1) In a contempt proceeding where the petition for a
11    rule to show cause sets forth facts evidencing an
12    immediate danger that the respondent will flee the
13    jurisdiction, conceal a child, or inflict physical abuse
14    on the petitioner or minor children or on dependent adults
15    in petitioner's care, the court may order the attachment
16    of the respondent without prior service of the rule to
17    show cause or the petition for a rule to show cause. Bond
18    shall be set unless specifically denied in writing.
19        (2) A petition for a rule to show cause for violation
20    of a protective order shall be treated as an expedited
21    proceeding.
22    (c) Violation of custody, allocation of parental
23responsibility, or support orders. A violation of remedies
24described in paragraph paragraphs (5), (6), (8), or (9) of
25subsection (b) of Section 112A-14 of this Code may be enforced
26by any remedy provided by Section 607.5 of the Illinois

 

 

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1Marriage and Dissolution of Marriage Act. The court may
2enforce any order for support issued under paragraph (12) of
3subsection (b) of Section 112A-14 of this Code in the manner
4provided for under Parts V and VII of the Illinois Marriage and
5Dissolution of Marriage Act.
6    (d) Actual knowledge. A protective order may be enforced
7pursuant to this Section if the respondent violates the order
8after the respondent has actual knowledge of its contents as
9shown through one of the following means:
10        (1) (Blank).
11        (2) (Blank).
12        (3) By service of a protective order under subsection
13    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
14        (4) By other means demonstrating actual knowledge of
15    the contents of the order.
16    (e) The enforcement of a protective order in civil or
17criminal court shall not be affected by either of the
18following:
19        (1) The existence of a separate, correlative order
20    entered under Section 112A-15 of this Code.
21        (2) Any finding or order entered in a conjoined
22    criminal proceeding.
23    (e-5) If a civil no contact order entered under subsection
24(6) of Section 112A-20 of the Code of Criminal Procedure of
251963 conflicts with an order issued pursuant to the Juvenile
26Court Act of 1987 or the Illinois Marriage and Dissolution of

 

 

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1Marriage Act, the conflicting order issued under subsection
2(6) of Section 112A-20 of the Code of Criminal Procedure of
31963 shall be void.
4    (f) Circumstances. The court, when determining whether or
5not a violation of a protective order has occurred, shall not
6require physical manifestations of abuse on the person of the
7victim.
8    (g) Penalties.
9        (1) Except as provided in paragraph (3) of this
10    subsection (g), where the court finds the commission of a
11    crime or contempt of court under subsection subsections
12    (a) or (b) of this Section, the penalty shall be the
13    penalty that generally applies in such criminal or
14    contempt proceedings, and may include one or more of the
15    following: incarceration, payment of restitution, a fine,
16    payment of attorneys' fees and costs, or community
17    service.
18        (2) The court shall hear and take into account
19    evidence of any factors in aggravation or mitigation
20    before deciding an appropriate penalty under paragraph (1)
21    of this subsection (g).
22        (3) To the extent permitted by law, the court is
23    encouraged to:
24            (i) increase the penalty for the knowing violation
25        of any protective order over any penalty previously
26        imposed by any court for respondent's violation of any

 

 

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1        protective order or penal statute involving petitioner
2        as victim and respondent as defendant;
3            (ii) impose a minimum penalty of 24 hours
4        imprisonment for respondent's first violation of any
5        protective order; and
6            (iii) impose a minimum penalty of 48 hours
7        imprisonment for respondent's second or subsequent
8        violation of a protective order
9    unless the court explicitly finds that an increased
10    penalty or that period of imprisonment would be manifestly
11    unjust.
12        (4) In addition to any other penalties imposed for a
13    violation of a protective order, a criminal court may
14    consider evidence of any violations of a protective order:
15            (i) to increase, revoke, or modify the bail bond
16        on an underlying criminal charge pursuant to Section
17        110-6 of this Code;
18            (ii) to revoke or modify an order of probation,
19        conditional discharge, or supervision, pursuant to
20        Section 5-6-4 of the Unified Code of Corrections;
21            (iii) to revoke or modify a sentence of periodic
22        imprisonment, pursuant to Section 5-7-2 of the Unified
23        Code of Corrections.
24(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
25    (Text of Section after amendment by P.A. 101-652)

 

 

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1    Sec. 112A-23. Enforcement of protective orders.
2    (a) When violation is crime. A violation of any protective
3order, whether issued in a civil, quasi-criminal proceeding or
4by a military tribunal, shall be enforced by a criminal court
5when:
6        (1) The respondent commits the crime of violation of a
7    domestic violence order of protection pursuant to Section
8    12-3.4 or 12-30 of the Criminal Code of 1961 or the
9    Criminal Code of 2012, by having knowingly violated:
10            (i) remedies described in paragraph paragraphs
11        (1), (2), (3), (14), or (14.5) of subsection (b) of
12        Section 112A-14 of this Code,
13            (ii) a remedy, which is substantially similar to
14        the remedies authorized under paragraph paragraphs
15        (1), (2), (3), (14), or (14.5) of subsection (b) of
16        Section 214 of the Illinois Domestic Violence Act of
17        1986, in a valid order of protection, which is
18        authorized under the laws of another state, tribe, or
19        United States territory, or
20            (iii) any other remedy when the act constitutes a
21        crime against the protected parties as defined by the
22        Criminal Code of 1961 or the Criminal Code of 2012.
23        Prosecution for a violation of a domestic violence
24    order of protection shall not bar concurrent prosecution
25    for any other crime, including any crime that may have
26    been committed at the time of the violation of the

 

 

SB0257 Enrolled- 21 -LRB102 04087 LNS 14103 b

1    domestic violence order of protection; or
2        (2) The respondent commits the crime of child
3    abduction pursuant to Section 10-5 of the Criminal Code of
4    1961 or the Criminal Code of 2012, by having knowingly
5    violated:
6            (i) remedies described in paragraph paragraphs
7        (5), (6), or (8) of subsection (b) of Section 112A-14
8        of this Code, or
9            (ii) a remedy, which is substantially similar to
10        the remedies authorized under paragraph paragraphs
11        (1), (5), (6), or (8) of subsection (b) of Section 214
12        of the Illinois Domestic Violence Act of 1986, in a
13        valid domestic violence order of protection, which is
14        authorized under the laws of another state, tribe, or
15        United States territory.
16        (3) The respondent commits the crime of violation of a
17    civil no contact order when the respondent violates
18    Section 12-3.8 of the Criminal Code of 2012. Prosecution
19    for a violation of a civil no contact order shall not bar
20    concurrent prosecution for any other crime, including any
21    crime that may have been committed at the time of the
22    violation of the civil no contact order.
23        (4) The respondent commits the crime of violation of a
24    stalking no contact order when the respondent violates
25    Section 12-3.9 of the Criminal Code of 2012. Prosecution
26    for a violation of a stalking no contact order shall not

 

 

SB0257 Enrolled- 22 -LRB102 04087 LNS 14103 b

1    bar concurrent prosecution for any other crime, including
2    any crime that may have been committed at the time of the
3    violation of the stalking no contact order.
4    (b) When violation is contempt of court. A violation of
5any valid protective order, whether issued in a civil or
6criminal proceeding or by a military tribunal, may be enforced
7through civil or criminal contempt procedures, as appropriate,
8by any court with jurisdiction, regardless where the act or
9acts which violated the protective order were committed, to
10the extent consistent with the venue provisions of this
11Article. Nothing in this Article shall preclude any Illinois
12court from enforcing any valid protective order issued in
13another state. Illinois courts may enforce protective orders
14through both criminal prosecution and contempt proceedings,
15unless the action which is second in time is barred by
16collateral estoppel or the constitutional prohibition against
17double jeopardy.
18        (1) In a contempt proceeding where the petition for a
19    rule to show cause sets forth facts evidencing an
20    immediate danger that the respondent will flee the
21    jurisdiction, conceal a child, or inflict physical abuse
22    on the petitioner or minor children or on dependent adults
23    in petitioner's care, the court may order the attachment
24    of the respondent without prior service of the rule to
25    show cause or the petition for a rule to show cause. Bond
26    shall be set unless specifically denied in writing.

 

 

SB0257 Enrolled- 23 -LRB102 04087 LNS 14103 b

1        (2) A petition for a rule to show cause for violation
2    of a protective order shall be treated as an expedited
3    proceeding.
4    (c) Violation of custody, allocation of parental
5responsibility, or support orders. A violation of remedies
6described in paragraph paragraphs (5), (6), (8), or (9) of
7subsection (b) of Section 112A-14 of this Code may be enforced
8by any remedy provided by Section 607.5 of the Illinois
9Marriage and Dissolution of Marriage Act. The court may
10enforce any order for support issued under paragraph (12) of
11subsection (b) of Section 112A-14 of this Code in the manner
12provided for under Parts V and VII of the Illinois Marriage and
13Dissolution of Marriage Act.
14    (d) Actual knowledge. A protective order may be enforced
15pursuant to this Section if the respondent violates the order
16after the respondent has actual knowledge of its contents as
17shown through one of the following means:
18        (1) (Blank).
19        (2) (Blank).
20        (3) By service of a protective order under subsection
21    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
22        (4) By other means demonstrating actual knowledge of
23    the contents of the order.
24    (e) The enforcement of a protective order in civil or
25criminal court shall not be affected by either of the
26following:

 

 

SB0257 Enrolled- 24 -LRB102 04087 LNS 14103 b

1        (1) The existence of a separate, correlative order
2    entered under Section 112A-15 of this Code.
3        (2) Any finding or order entered in a conjoined
4    criminal proceeding.
5    (e-5) If a civil no contact order entered under subsection
6(6) of Section 112A-20 of the Code of Criminal Procedure of
71963 conflicts with an order issued pursuant to the Juvenile
8Court Act of 1987 or the Illinois Marriage and Dissolution of
9Marriage Act, the conflicting order issued under subsection
10(6) of Section 112A-20 of the Code of Criminal Procedure of
111963 shall be void.
12    (f) Circumstances. The court, when determining whether or
13not a violation of a protective order has occurred, shall not
14require physical manifestations of abuse on the person of the
15victim.
16    (g) Penalties.
17        (1) Except as provided in paragraph (3) of this
18    subsection (g), where the court finds the commission of a
19    crime or contempt of court under subsection subsections
20    (a) or (b) of this Section, the penalty shall be the
21    penalty that generally applies in such criminal or
22    contempt proceedings, and may include one or more of the
23    following: incarceration, payment of restitution, a fine,
24    payment of attorneys' fees and costs, or community
25    service.
26        (2) The court shall hear and take into account

 

 

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

 

 

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1        conditional discharge, or supervision, pursuant to
2        Section 5-6-4 of the Unified Code of Corrections;
3            (iii) to revoke or modify a sentence of periodic
4        imprisonment, pursuant to Section 5-7-2 of the Unified
5        Code of Corrections.
6(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
7102-558, eff. 8-20-21; revised 10-12-21.)
 
8    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
9    Sec. 112A-28. Data maintenance by law enforcement
10agencies.
11    (a) All sheriffs shall furnish to the Illinois State
12Police, daily, in the form and detail the Illinois State
13Police Department requires, copies of any recorded protective
14orders issued by the court, and any foreign protective orders,
15including, but not limited to, an order of protection issued
16by a military tribunal, filed by the clerk of the court, and
17transmitted to the sheriff by the clerk of the court. Each
18protective order shall be entered in the Law Enforcement
19Agencies Data System on the same day it is issued by the court.
20    (b) The Illinois State Police shall maintain a complete
21and systematic record and index of all valid and recorded
22protective orders issued or filed under this Act. The data
23shall be used to inform all dispatchers and law enforcement
24officers at the scene of an alleged incident of abuse or
25violation of a protective order of any recorded prior incident

 

 

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1of abuse involving the abused party and the effective dates
2and terms of any recorded protective order.
3    (c) The data, records and transmittals required under this
4Section shall pertain to:
5        (1) any valid emergency, interim or plenary domestic
6    violence order of protection, civil no contact or stalking
7    no contact order issued in a civil proceeding; and
8        (2) any valid ex parte or final protective order
9    issued in a criminal proceeding or authorized under the
10    laws of another state, tribe, or United States territory.
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 15. The Illinois Domestic Violence Act of 1986 is
13amended by changing Sections 222.5, 223, and 302 as follows:
 
14    (750 ILCS 60/222.5)
15    Sec. 222.5. Filing of an order of protection issued in
16another state or other jurisdiction.
17    (a) A person entitled to protection under an order of
18protection issued by the court of another state, tribe, or
19United States territory or military tribunal may file a
20certified copy of the order of protection with the clerk of the
21court in a judicial circuit in which the person believes that
22enforcement may be necessary.
23    (a-5) The Illinois National Guard shall file a certified
24copy of any military order of protection with the clerk of the

 

 

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1court in a judicial circuit in which the person entitled to
2protection resides or if the person entitled to protection is
3not a State resident, in a judicial circuit in which it is
4believed that enforcement may be necessary.
5    (b) The clerk shall:
6        (1) treat the foreign order of protection, including,
7    but not limited to, an order of protection issued by a
8    military tribunal, in the same manner as a judgment of the
9    circuit court for any county of this State in accordance
10    with the provisions of the Uniform Enforcement of Foreign
11    Judgments Act, except that the clerk shall not mail notice
12    of the filing of the foreign order to the respondent named
13    in the order; and
14        (2) on the same day that a foreign order of protection
15    is filed, file a certified copy of that order with the
16    sheriff or other law enforcement officials charged with
17    maintaining Illinois State Police records as set forth in
18    Section 222 of this Act.
19    (c) Neither residence in this State nor filing of a
20foreign order of protection, including, but not limited to, an
21order of protection issued by a military tribunal, shall be
22required for enforcement of the order by this State. Failure
23to file the foreign order shall not be an impediment to its
24treatment in all respects as an Illinois order of protection.
25    (d) The clerk shall not charge a fee to file a foreign
26order of protection under this Section.

 

 

SB0257 Enrolled- 29 -LRB102 04087 LNS 14103 b

1    (e) The sheriff shall inform the Illinois State Police as
2set forth in Section 302 of this Act.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
5    (Text of Section before amendment by P.A. 101-652)
6    Sec. 223. Enforcement of orders of protection.
7    (a) When violation is crime. A violation of any order of
8protection, whether issued in a civil or criminal proceeding
9or by a military tribunal, shall be enforced by a criminal
10court when:
11        (1) The respondent commits the crime of violation of
12    an order of protection pursuant to Section 12-3.4 or 12-30
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    by having knowingly violated:
15            (i) remedies described in paragraphs (1), (2),
16        (3), (14), or (14.5) of subsection (b) of Section 214
17        of this Act; or
18            (ii) a remedy, which is substantially similar to
19        the remedies authorized under paragraphs (1), (2),
20        (3), (14), and (14.5) of subsection (b) of Section 214
21        of this Act, in a valid order of protection which is
22        authorized under the laws of another state, tribe, or
23        United States territory; or
24            (iii) any other remedy when the act constitutes a
25        crime against the protected parties as defined by the

 

 

SB0257 Enrolled- 30 -LRB102 04087 LNS 14103 b

1        Criminal Code of 1961 or the Criminal Code of 2012.
2        Prosecution for a violation of an order of protection
3    shall not bar concurrent prosecution for any other crime,
4    including any crime that may have been committed at the
5    time of the violation of the order of protection; or
6        (2) The respondent commits the crime of child
7    abduction pursuant to Section 10-5 of the Criminal Code of
8    1961 or the Criminal Code of 2012, by having knowingly
9    violated:
10            (i) remedies described in paragraphs (5), (6) or
11        (8) of subsection (b) of Section 214 of this Act; or
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (5), (6), or
14        (8) of subsection (b) of Section 214 of this Act, in a
15        valid order of protection which is authorized under
16        the laws of another state, tribe, or United States
17        territory.
18    (b) When violation is contempt of court. A violation of
19any valid Illinois order of protection, whether issued in a
20civil or criminal proceeding or by a military tribunal, may be
21enforced through civil or criminal contempt procedures, as
22appropriate, by any court with jurisdiction, regardless where
23the act or acts which violated the order of protection were
24committed, to the extent consistent with the venue provisions
25of this Act. Nothing in this Act shall preclude any Illinois
26court from enforcing any valid order of protection issued in

 

 

SB0257 Enrolled- 31 -LRB102 04087 LNS 14103 b

1another state. Illinois courts may enforce orders of
2protection through both criminal prosecution and contempt
3proceedings, unless the action which is second in time is
4barred by collateral estoppel or the constitutional
5prohibition against double jeopardy.
6        (1) In a contempt proceeding where the petition for a
7    rule to show cause sets forth facts evidencing an
8    immediate danger that the respondent will flee the
9    jurisdiction, conceal a child, or inflict physical abuse
10    on the petitioner or minor children or on dependent adults
11    in petitioner's care, the court may order the attachment
12    of the respondent without prior service of the rule to
13    show cause or the petition for a rule to show cause. Bond
14    shall be set unless specifically denied in writing.
15        (2) A petition for a rule to show cause for violation
16    of an order of protection shall be treated as an expedited
17    proceeding.
18    (b-1) The court shall not hold a school district or
19private or non-public school or any of its employees in civil
20or criminal contempt unless the school district or private or
21non-public school has been allowed to intervene.
22    (b-2) The court may hold the parents, guardian, or legal
23custodian of a minor respondent in civil or criminal contempt
24for a violation of any provision of any order entered under
25this Act for conduct of the minor respondent in violation of
26this Act if the parents, guardian, or legal custodian

 

 

SB0257 Enrolled- 32 -LRB102 04087 LNS 14103 b

1directed, encouraged, or assisted the respondent minor in such
2conduct.
3    (c) Violation of custody or support orders or temporary or
4final judgments allocating parental responsibilities. A
5violation of remedies described in paragraphs (5), (6), (8),
6or (9) of subsection (b) of Section 214 of this Act may be
7enforced by any remedy provided by Section 607.5 of the
8Illinois Marriage and Dissolution of Marriage Act. The court
9may enforce any order for support issued under paragraph (12)
10of subsection (b) of Section 214 in the manner provided for
11under Parts V and VII of the Illinois Marriage and Dissolution
12of Marriage Act.
13    (d) Actual knowledge. An order of protection may be
14enforced pursuant to this Section if the respondent violates
15the order after the respondent has actual knowledge of its
16contents as shown through one of the following means:
17        (1) By service, delivery, or notice under Section 210.
18        (2) By notice under Section 210.1 or 211.
19        (3) By service of an order of protection under Section
20    222.
21        (4) By other means demonstrating actual knowledge of
22    the contents of the order.
23    (e) The enforcement of an order of protection in civil or
24criminal court shall not be affected by either of the
25following:
26        (1) The existence of a separate, correlative order,

 

 

SB0257 Enrolled- 33 -LRB102 04087 LNS 14103 b

1    entered under Section 215.
2        (2) Any finding or order entered in a conjoined
3    criminal proceeding.
4    (f) Circumstances. The court, when determining whether or
5not a violation of an order of protection has occurred, shall
6not require physical manifestations of abuse on the person of
7the victim.
8    (g) Penalties.
9        (1) Except as provided in paragraph (3) of this
10    subsection, where the court finds the commission of a
11    crime or contempt of court under subsections (a) or (b) of
12    this Section, the penalty shall be the penalty that
13    generally applies in such criminal or contempt
14    proceedings, and may include one or more of the following:
15    incarceration, payment of restitution, a fine, payment of
16    attorneys' fees and costs, or community service.
17        (2) The court shall hear and take into account
18    evidence of any factors in aggravation or mitigation
19    before deciding an appropriate penalty under paragraph (1)
20    of this subsection.
21        (3) To the extent permitted by law, the court is
22    encouraged to:
23            (i) increase the penalty for the knowing violation
24        of any order of protection over any penalty previously
25        imposed by any court for respondent's violation of any
26        order of protection or penal statute involving

 

 

SB0257 Enrolled- 34 -LRB102 04087 LNS 14103 b

1        petitioner as victim and respondent as defendant;
2            (ii) impose a minimum penalty of 24 hours
3        imprisonment for respondent's first violation of any
4        order of protection; and
5            (iii) impose a minimum penalty of 48 hours
6        imprisonment for respondent's second or subsequent
7        violation of an order of protection
8    unless the court explicitly finds that an increased
9    penalty or that period of imprisonment would be manifestly
10    unjust.
11        (4) In addition to any other penalties imposed for a
12    violation of an order of protection, a criminal court may
13    consider evidence of any violations of an order of
14    protection:
15            (i) to increase, revoke or modify the bail bond on
16        an underlying criminal charge pursuant to Section
17        110-6 of the Code of Criminal Procedure of 1963;
18            (ii) to revoke or modify an order of probation,
19        conditional discharge or supervision, pursuant to
20        Section 5-6-4 of the Unified Code of Corrections;
21            (iii) to revoke or modify a sentence of periodic
22        imprisonment, pursuant to Section 5-7-2 of the Unified
23        Code of Corrections.
24        (5) In addition to any other penalties, the court
25    shall impose an additional fine of $20 as authorized by
26    Section 5-9-1.11 of the Unified Code of Corrections upon

 

 

SB0257 Enrolled- 35 -LRB102 04087 LNS 14103 b

1    any person convicted of or placed on supervision for a
2    violation of an order of protection. The additional fine
3    shall be imposed for each violation of this Section.
4(Source: P.A. 99-90, eff. 1-1-16.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 223. Enforcement of orders of protection.
7    (a) When violation is crime. A violation of any order of
8protection, whether issued in a civil or criminal proceeding
9or by a military tribunal, shall be enforced by a criminal
10court when:
11        (1) The respondent commits the crime of violation of
12    an order of protection pursuant to Section 12-3.4 or 12-30
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    by having knowingly violated:
15            (i) remedies described in paragraphs (1), (2),
16        (3), (14), or (14.5) of subsection (b) of Section 214
17        of this Act; or
18            (ii) a remedy, which is substantially similar to
19        the remedies authorized under paragraphs (1), (2),
20        (3), (14), and (14.5) of subsection (b) of Section 214
21        of this Act, in a valid order of protection which is
22        authorized under the laws of another state, tribe, or
23        United States territory; or
24            (iii) any other remedy when the act constitutes a
25        crime against the protected parties as defined by the

 

 

SB0257 Enrolled- 36 -LRB102 04087 LNS 14103 b

1        Criminal Code of 1961 or the Criminal Code of 2012.
2        Prosecution for a violation of an order of protection
3    shall not bar concurrent prosecution for any other crime,
4    including any crime that may have been committed at the
5    time of the violation of the order of protection; or
6        (2) The respondent commits the crime of child
7    abduction pursuant to Section 10-5 of the Criminal Code of
8    1961 or the Criminal Code of 2012, by having knowingly
9    violated:
10            (i) remedies described in paragraphs (5), (6) or
11        (8) of subsection (b) of Section 214 of this Act; or
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (5), (6), or
14        (8) of subsection (b) of Section 214 of this Act, in a
15        valid order of protection which is authorized under
16        the laws of another state, tribe, or United States
17        territory.
18    (b) When violation is contempt of court. A violation of
19any valid Illinois order of protection, whether issued in a
20civil or criminal proceeding or by a military tribunal, may be
21enforced through civil or criminal contempt procedures, as
22appropriate, by any court with jurisdiction, regardless where
23the act or acts which violated the order of protection were
24committed, to the extent consistent with the venue provisions
25of this Act. Nothing in this Act shall preclude any Illinois
26court from enforcing any valid order of protection issued in

 

 

SB0257 Enrolled- 37 -LRB102 04087 LNS 14103 b

1another state. Illinois courts may enforce orders of
2protection through both criminal prosecution and contempt
3proceedings, unless the action which is second in time is
4barred by collateral estoppel or the constitutional
5prohibition against double jeopardy.
6        (1) In a contempt proceeding where the petition for a
7    rule to show cause sets forth facts evidencing an
8    immediate danger that the respondent will flee the
9    jurisdiction, conceal a child, or inflict physical abuse
10    on the petitioner or minor children or on dependent adults
11    in petitioner's care, the court may order the attachment
12    of the respondent without prior service of the rule to
13    show cause or the petition for a rule to show cause.
14    Conditions of release shall be set unless specifically
15    denied in writing.
16        (2) A petition for a rule to show cause for violation
17    of an order of protection shall be treated as an expedited
18    proceeding.
19    (b-1) The court shall not hold a school district or
20private or non-public school or any of its employees in civil
21or criminal contempt unless the school district or private or
22non-public school has been allowed to intervene.
23    (b-2) The court may hold the parents, guardian, or legal
24custodian of a minor respondent in civil or criminal contempt
25for a violation of any provision of any order entered under
26this Act for conduct of the minor respondent in violation of

 

 

SB0257 Enrolled- 38 -LRB102 04087 LNS 14103 b

1this Act if the parents, guardian, or legal custodian
2directed, encouraged, or assisted the respondent minor in such
3conduct.
4    (c) Violation of custody or support orders or temporary or
5final judgments allocating parental responsibilities. A
6violation of remedies described in paragraphs (5), (6), (8),
7or (9) of subsection (b) of Section 214 of this Act may be
8enforced by any remedy provided by Section 607.5 of the
9Illinois Marriage and Dissolution of Marriage Act. The court
10may enforce any order for support issued under paragraph (12)
11of subsection (b) of Section 214 in the manner provided for
12under Parts V and VII of the Illinois Marriage and Dissolution
13of Marriage Act.
14    (d) Actual knowledge. An order of protection may be
15enforced pursuant to this Section if the respondent violates
16the order after the respondent has actual knowledge of its
17contents as shown through one of the following means:
18        (1) By service, delivery, or notice under Section 210.
19        (2) By notice under Section 210.1 or 211.
20        (3) By service of an order of protection under Section
21    222.
22        (4) By other means demonstrating actual knowledge of
23    the contents of the order.
24    (e) The enforcement of an order of protection in civil or
25criminal court shall not be affected by either of the
26following:

 

 

SB0257 Enrolled- 39 -LRB102 04087 LNS 14103 b

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

 

 

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

 

 

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1    shall impose an additional fine of $20 as authorized by
2    Section 5-9-1.11 of the Unified Code of Corrections upon
3    any person convicted of or placed on supervision for a
4    violation of an order of protection. The additional fine
5    shall be imposed for each violation of this Section.
6(Source: P.A. 101-652, eff. 1-1-23.)
 
7    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)
8    Sec. 302. Data maintenance by law enforcement agencies.
9    (a) All sheriffs shall furnish to the Illinois State
10Police, on the same day as received, in the form and detail the
11Illinois State Police Department requires, copies of any
12recorded emergency, interim, or plenary orders of protection
13issued by the court, and any foreign orders of protection,
14including, but not limited to, an order of protection issued
15by a military tribunal, filed by the clerk of the court, and
16transmitted to the sheriff by the clerk of the court pursuant
17to subsection (b) of Section 222 of this Act. Each order of
18protection shall be entered in the Law Enforcement Agencies
19Data System on the same day it is issued by the court. If an
20emergency order of protection was issued in accordance with
21subsection (c) of Section 217, the order shall be entered in
22the Law Enforcement Agencies Data System as soon as possible
23after receipt from the clerk.
24    (b) The Illinois State Police shall maintain a complete
25and systematic record and index of all valid and recorded

 

 

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1orders of protection issued pursuant to this Act. The data
2shall be used to inform all dispatchers and law enforcement
3officers at the scene of an alleged incident of abuse,
4neglect, or exploitation or violation of an order of
5protection of any recorded prior incident of abuse, neglect,
6or exploitation involving the abused, neglected, or exploited
7party and the effective dates and terms of any recorded order
8of protection.
9    (c) The data, records and transmittals required under this
10Section shall pertain to any valid emergency, interim or
11plenary order of protection, whether issued in a civil or
12criminal proceeding or authorized under the laws of another
13state, tribe, or United States territory.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    Section 20. The Victims' Economic Security and Safety Act
16is amended by changing Sections 20 and 30 as follows:
 
17    (820 ILCS 180/20)
18    Sec. 20. Entitlement to leave due to domestic violence,
19sexual violence, gender violence, or any other crime of
20violence.
21    (a) Leave requirement.
22        (1) Basis. An employee who is a victim of domestic
23    violence, sexual violence, gender violence, or any other
24    crime of violence or an employee who has a family or

 

 

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1    household member who is a victim of domestic violence,
2    sexual violence, gender violence, or any other crime of
3    violence whose interests are not adverse to the employee
4    as it relates to the domestic violence, sexual violence,
5    gender violence, or any other crime of violence may take
6    unpaid leave from work if the employee or employee's
7    family or household member is experiencing an incident of
8    domestic violence, sexual violence, gender violence, or
9    any other crime of violence or to address domestic
10    violence, sexual violence, gender violence, or any other
11    crime of violence by:
12            (A) seeking medical attention for, or recovering
13        from, physical or psychological injuries caused by
14        domestic violence, sexual violence, gender violence,
15        or any other crime of violence to the employee or the
16        employee's family or household member;
17            (B) obtaining services from a victim services
18        organization for the employee or the employee's family
19        or household member;
20            (C) obtaining psychological or other counseling
21        for the employee or the employee's family or household
22        member;
23            (D) participating in safety planning, temporarily
24        or permanently relocating, or taking other actions to
25        increase the safety of the employee or the employee's
26        family or household member from future domestic

 

 

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1        violence, sexual violence, gender violence, or any
2        other crime of violence or ensure economic security;
3        or
4            (E) seeking legal assistance or remedies to ensure
5        the health and safety of the employee or the
6        employee's family or household member, including
7        preparing for or participating in any civil, or
8        criminal, or military legal proceeding related to or
9        derived from domestic violence, sexual violence,
10        gender violence, or any other crime of violence.
11        (2) Period. Subject to subsection (c), an employee
12    working for an employer that employs at least 50 employees
13    shall be entitled to a total of 12 workweeks of leave
14    during any 12-month period. Subject to subsection (c), an
15    employee working for an employer that employs at least 15
16    but not more than 49 employees shall be entitled to a total
17    of 8 workweeks of leave during any 12-month period.
18    Subject to subsection (c), an employee working for an
19    employer that employs at least one but not more than 14
20    employees shall be entitled to a total of 4 workweeks of
21    leave during any 12-month period. The total number of
22    workweeks to which an employee is entitled shall not
23    decrease during the relevant 12-month period. This Act
24    does not create a right for an employee to take unpaid
25    leave that exceeds the unpaid leave time allowed under, or
26    is in addition to the unpaid leave time permitted by, the

 

 

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1    federal Family and Medical Leave Act of 1993 (29 U.S.C.
2    2601 et seq.).
3        (3) Schedule. Leave described in paragraph (1) may be
4    taken consecutively, intermittently, or on a reduced work
5    schedule.
6    (b) Notice. The employee shall provide the employer with
7at least 48 hours' advance notice of the employee's intention
8to take the leave, unless providing such notice is not
9practicable. When an unscheduled absence occurs, the employer
10may not take any action against the employee if the employee,
11upon request of the employer and within a reasonable period
12after the absence, provides certification under subsection
13(c).
14    (c) Certification.
15        (1) In general. The employer may require the employee
16    to provide certification to the employer that:
17            (A) the employee or the employee's family or
18        household member is a victim of domestic violence,
19        sexual violence, gender violence, or any other crime
20        of violence; and
21            (B) the leave is for one of the purposes
22        enumerated in paragraph (a)(1).
23        The employee shall provide such certification to the
24    employer within a reasonable period after the employer
25    requests certification.
26        (2) Contents. An employee may satisfy the

 

 

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1    certification requirement of paragraph (1) by providing to
2    the employer a sworn statement of the employee, and if the
3    employee has possession of such document, the employee
4    shall provide one of the following documents:
5            (A) documentation from an employee, agent, or
6        volunteer of a victim services organization, an
7        attorney, a member of the clergy, or a medical or other
8        professional from whom the employee or the employee's
9        family or household member has sought assistance in
10        addressing domestic violence, sexual violence, gender
11        violence, or any other crime of violence and the
12        effects of the violence;
13            (B) a police, or court, or military record; or
14            (C) other corroborating evidence.
15        The employee shall choose which document to submit,
16    and the employer shall not request or require more than
17    one document to be submitted during the same 12-month
18    period leave is requested or taken if the reason for leave
19    is related to the same incident or incidents of violence
20    or the same perpetrator or perpetrators of the violence.
21    (d) Confidentiality. All information provided to the
22employer pursuant to subsection (b) or (c), including a
23statement of the employee or any other documentation, record,
24or corroborating evidence, and the fact that the employee has
25requested or obtained leave pursuant to this Section, shall be
26retained in the strictest confidence by the employer, except

 

 

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1to the extent that disclosure is:
2        (1) requested or consented to in writing by the
3    employee; or
4        (2) otherwise required by applicable federal or State
5    law.
6    (e) Employment and benefits.
7        (1) Restoration to position.
8            (A) In general. Any employee who takes leave under
9        this Section for the intended purpose of the leave
10        shall be entitled, on return from such leave:
11                (i) to be restored by the employer to the
12            position of employment held by the employee when
13            the leave commenced; or
14                (ii) to be restored to an equivalent position
15            with equivalent employment benefits, pay, and
16            other terms and conditions of employment.
17            (B) Loss of benefits. The taking of leave under
18        this Section shall not result in the loss of any
19        employment benefit accrued prior to the date on which
20        the leave commenced.
21            (C) Limitations. Nothing in this subsection shall
22        be construed to entitle any restored employee to:
23                (i) the accrual of any seniority or employment
24            benefits during any period of leave; or
25                (ii) any right, benefit, or position of
26            employment other than any right, benefit, or

 

 

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1            position to which the employee would have been
2            entitled had the employee not taken the leave.
3            (D) Construction. Nothing in this paragraph shall
4        be construed to prohibit an employer from requiring an
5        employee on leave under this Section to report
6        periodically to the employer on the status and
7        intention of the employee to return to work.
8        (2) Maintenance of health benefits.
9            (A) Coverage. Except as provided in subparagraph
10        (B), during any period that an employee takes leave
11        under this Section, the employer shall maintain
12        coverage for the employee and any family or household
13        member under any group health plan for the duration of
14        such leave at the level and under the conditions
15        coverage would have been provided if the employee had
16        continued in employment continuously for the duration
17        of such leave.
18            (B) Failure to return from leave. The employer may
19        recover the premium that the employer paid for
20        maintaining coverage for the employee and the
21        employee's family or household member under such group
22        health plan during any period of leave under this
23        Section if:
24                (i) the employee fails to return from leave
25            under this Section after the period of leave to
26            which the employee is entitled has expired; and

 

 

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1                (ii) the employee fails to return to work for
2            a reason other than:
3                    (I) the continuation, recurrence, or onset
4                of domestic violence, sexual violence, gender
5                violence, or any other crime of violence that
6                entitles the employee to leave pursuant to
7                this Section; or
8                    (II) other circumstances beyond the
9                control of the employee.
10            (C) Certification.
11                (i) Issuance. An employer may require an
12            employee who claims that the employee is unable to
13            return to work because of a reason described in
14            subclause (I) or (II) of subparagraph (B)(ii) to
15            provide, within a reasonable period after making
16            the claim, certification to the employer that the
17            employee is unable to return to work because of
18            that reason.
19                (ii) Contents. An employee may satisfy the
20            certification requirement of clause (i) by
21            providing to the employer:
22                    (I) a sworn statement of the employee;
23                    (II) documentation from an employee,
24                agent, or volunteer of a victim services
25                organization, an attorney, a member of the
26                clergy, or a medical or other professional

 

 

SB0257 Enrolled- 50 -LRB102 04087 LNS 14103 b

1                from whom the employee has sought assistance
2                in addressing domestic violence, sexual
3                violence, gender violence, or any other crime
4                of violence and the effects of that violence;
5                    (III) a police, or court, or military
6                record; or
7                    (IV) other corroborating evidence.
8            The employee shall choose which document to
9        submit, and the employer shall not request or require
10        more than one document to be submitted.
11            (D) Confidentiality. All information provided to
12        the employer pursuant to subparagraph (C), including a
13        statement of the employee or any other documentation,
14        record, or corroborating evidence, and the fact that
15        the employee is not returning to work because of a
16        reason described in subclause (I) or (II) of
17        subparagraph (B)(ii) shall be retained in the
18        strictest confidence by the employer, except to the
19        extent that disclosure is:
20                (i) requested or consented to in writing by
21            the employee; or
22                (ii) otherwise required by applicable federal
23            or State law.
24    (f) Prohibited acts.
25        (1) Interference with rights.
26            (A) Exercise of rights. It shall be unlawful for

 

 

SB0257 Enrolled- 51 -LRB102 04087 LNS 14103 b

1        any employer to interfere with, restrain, or deny the
2        exercise of or the attempt to exercise any right
3        provided under this Section.
4            (B) Employer discrimination. It shall be unlawful
5        for any employer to discharge or harass any
6        individual, or otherwise discriminate against any
7        individual with respect to compensation, terms,
8        conditions, or privileges of employment of the
9        individual (including retaliation in any form or
10        manner) because the individual:
11                (i) exercised any right provided under this
12            Section; or
13                (ii) opposed any practice made unlawful by
14            this Section.
15            (C) Public agency sanctions. It shall be unlawful
16        for any public agency to deny, reduce, or terminate
17        the benefits of, otherwise sanction, or harass any
18        individual, or otherwise discriminate against any
19        individual with respect to the amount, terms, or
20        conditions of public assistance of the individual
21        (including retaliation in any form or manner) because
22        the individual:
23                (i) exercised any right provided under this
24            Section; or
25                (ii) opposed any practice made unlawful by
26            this Section.

 

 

SB0257 Enrolled- 52 -LRB102 04087 LNS 14103 b

1        (2) Interference with proceedings or inquiries. It
2    shall be unlawful for any person to discharge or in any
3    other manner discriminate (as described in subparagraph
4    (B) or (C) of paragraph (1)) against any individual
5    because such individual:
6            (A) has filed any charge, or has instituted or
7        caused to be instituted any proceeding, under or
8        related to this Section;
9            (B) has given, or is about to give, any
10        information in connection with any inquiry or
11        proceeding relating to any right provided under this
12        Section; or
13            (C) has testified, or is about to testify, in any
14        inquiry or proceeding relating to any right provided
15        under this Section.
16(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
 
17    (820 ILCS 180/30)
18    Sec. 30. Victims' employment sustainability; prohibited
19discriminatory acts.
20    (a) An employer shall not fail to hire, refuse to hire,
21discharge, constructively discharge, or harass any individual,
22otherwise discriminate against any individual with respect to
23the compensation, terms, conditions, or privileges of
24employment of the individual, or retaliate against an
25individual in any form or manner, and a public agency shall not

 

 

SB0257 Enrolled- 53 -LRB102 04087 LNS 14103 b

1deny, reduce, or terminate the benefits of, otherwise
2sanction, or harass any individual, otherwise discriminate
3against any individual with respect to the amount, terms, or
4conditions of public assistance of the individual, or
5retaliate against an individual in any form or manner,
6because:
7        (1) the individual involved:
8            (A) is or is perceived to be a victim of domestic
9        violence, sexual violence, gender violence, or any
10        criminal violence;
11            (B) attended, participated in, prepared for, or
12        requested leave to attend, participate in, or prepare
13        for a criminal or civil court proceeding relating to
14        an incident of domestic violence, sexual violence,
15        gender violence, or any criminal violence of which the
16        individual or a family or household member of the
17        individual was a victim, or requested or took leave
18        for any other reason provided under Section 20, or
19        attended, participated in, prepared for, requested
20        leave to attend, participate in, or prepare for a
21        court-martial or nonjudicial punishment proceeding
22        pursuant to the Uniform Code of Military Justice
23        relating to an incident of domestic violence, sexual
24        violence, gender violence, or any criminal violence of
25        which the individual or a family or household member
26        of the individual was a victim, or requested or took

 

 

SB0257 Enrolled- 54 -LRB102 04087 LNS 14103 b

1        leave for any other reason provided under Section 20;
2            (C) requested an adjustment to a job structure,
3        workplace facility, or work requirement, including a
4        transfer, reassignment, or modified schedule, leave, a
5        changed telephone number or seating assignment,
6        installation of a lock, or implementation of a safety
7        procedure in response to actual or threatened domestic
8        violence, sexual violence, gender violence, or any
9        other crime of violence, regardless of whether the
10        request was granted; or
11            (D) is an employee whose employer is subject to
12        Section 21 of the Workplace Violence Prevention Act;
13        or
14        (2) the workplace is disrupted or threatened by the
15    action of a person whom the individual states has
16    committed or threatened to commit domestic violence,
17    sexual violence, gender violence, or any other crime of
18    violence against the individual or the individual's family
19    or household member.
20    (b) In this Section:
21        (1) "Discriminate", used with respect to the terms,
22    conditions, or privileges of employment or with respect to
23    the terms or conditions of public assistance, includes not
24    making a reasonable accommodation to the known limitations
25    resulting from circumstances relating to being a victim of
26    domestic violence, sexual violence, gender violence, or

 

 

SB0257 Enrolled- 55 -LRB102 04087 LNS 14103 b

1    any criminal violence or a family or household member
2    being a victim of domestic violence, sexual violence,
3    gender violence, or any other crime of violence of an
4    otherwise qualified individual:
5            (A) who is:
6                (i) an applicant or employee of the employer
7            (including a public agency); or
8                (ii) an applicant for or recipient of public
9            assistance from a public agency; and
10            (B) who is:
11                (i) or is perceived to be a victim of domestic
12            violence, sexual violence, gender violence, or any
13            other crime of violence; or
14                (ii) with a family or household member who is
15            or is perceived to be a victim of domestic
16            violence, sexual violence, gender violence, or any
17            other crime of violence whose interests are not
18            adverse to the individual in subparagraph (A) as
19            it relates to the domestic violence, sexual
20            violence, gender violence, or any other crime of
21            violence;
22    unless the employer or public agency can demonstrate that
23    the accommodation would impose an undue hardship on the
24    operation of the employer or public agency.
25        A reasonable accommodation must be made in a timely
26    fashion. Any exigent circumstances or danger facing the

 

 

SB0257 Enrolled- 56 -LRB102 04087 LNS 14103 b

1    employee or his or her family or household member shall be
2    considered in determining whether the accommodation is
3    reasonable.
4        (2) "Qualified individual" means:
5            (A) in the case of an applicant or employee
6        described in paragraph (1)(A)(i), an individual who,
7        but for being a victim of domestic violence, sexual
8        violence, gender violence, or any other crime of
9        violence or with a family or household member who is a
10        victim of domestic violence, sexual violence, gender
11        violence, or any other crime of violence, can perform
12        the essential functions of the employment position
13        that such individual holds or desires; or
14            (B) in the case of an applicant or recipient
15        described in paragraph (1)(A)(ii), an individual who,
16        but for being a victim of domestic violence, sexual
17        violence, gender violence, or any other crime of
18        violence or with a family or household member who is a
19        victim of domestic violence, sexual violence, gender
20        violence, or any other crime of violence, can satisfy
21        the essential requirements of the program providing
22        the public assistance that the individual receives or
23        desires.
24        (3) "Reasonable accommodation" may include an
25    adjustment to a job structure, workplace facility, or work
26    requirement, including a transfer, reassignment, or

 

 

SB0257 Enrolled- 57 -LRB102 04087 LNS 14103 b

1    modified schedule, leave, a changed telephone number or
2    seating assignment, installation of a lock, or
3    implementation of a safety procedure, or assistance in
4    documenting domestic violence, sexual violence, gender
5    violence, or any other crime of violence that occurs at
6    the workplace or in work-related settings, or any other
7    reasonable accommodation in response to actual or
8    threatened domestic violence, sexual violence, gender
9    violence, or any other crime of violence.
10        (4) Undue hardship.
11            (A) In general. "Undue hardship" means an action
12        requiring significant difficulty or expense, when
13        considered in light of the factors set forth in
14        subparagraph (B).
15            (B) Factors to be considered. In determining
16        whether a reasonable accommodation would impose an
17        undue hardship on the operation of an employer or
18        public agency, factors to be considered include:
19                (i) the nature and cost of the reasonable
20            accommodation needed under this Section;
21                (ii) the overall financial resources of the
22            facility involved in the provision of the
23            reasonable accommodation, the number of persons
24            employed at such facility, the effect on expenses
25            and resources, or the impact otherwise of such
26            accommodation on the operation of the facility;

 

 

SB0257 Enrolled- 58 -LRB102 04087 LNS 14103 b

1                (iii) the overall financial resources of the
2            employer or public agency, the overall size of the
3            business of an employer or public agency with
4            respect to the number of employees of the employer
5            or public agency, and the number, type, and
6            location of the facilities of an employer or
7            public agency; and
8                (iv) the type of operation of the employer or
9            public agency, including the composition,
10            structure, and functions of the workforce of the
11            employer or public agency, the geographic
12            separateness of the facility from the employer or
13            public agency, and the administrative or fiscal
14            relationship of the facility to the employer or
15            public agency.
16    (c) An employer subject to Section 21 of the Workplace
17Violence Prevention Act shall not violate any provisions of
18the Workplace Violence Prevention Act.
19    (d) Confidentiality. All information provided to the
20employer pursuant to this Section including a statement of the
21employee or any other documentation, record, or corroborating
22evidence, and the fact that the employee has requested or
23obtained an accommodation pursuant to this Section shall be
24retained in the strictest confidence by the employer, except
25to the extent that disclosure is:
26        (1) requested or consented to in writing by the

 

 

SB0257 Enrolled- 59 -LRB102 04087 LNS 14103 b

1    employee; or
2        (2) otherwise required by applicable federal or State
3    law.
4(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.