Illinois General Assembly - Full Text of HB3103
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Full Text of HB3103  103rd General Assembly

HB3103enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB3103 EnrolledLRB103 30894 LNS 57433 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)
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    "Developmental disability" means a severe, chronic
3disability of an individual that:
4        (1) is attributable to a mental or physical impairment
5    or combination of mental and physical impairments;
6        (2) is manifested before the individual attains age
7    22;
8        (3) is likely to continue indefinitely;
9        (4) results in substantial functional limitations in 3
10    or more of the following areas of major life activity:
11            (A) Self-care.
12            (B) Receptive and expressive language.
13            (C) Learning.
14            (D) Mobility.
15            (E) Self-direction.
16            (F) Capacity for independent living.
17            (G) Economic self-sufficiency; and
18        (5) reflects the individual's need for a combination
19    and sequence of special, interdisciplinary, or generic
20    services, individualized supports, or other forms of
21    assistance that are of lifelong or extended duration and
22    are individually planned and coordinated.
23    "Federally licensed firearm dealer" means a person who is
24licensed as a federal firearms dealer under Section 923 of the
25federal Gun Control Act of 1968 (18 U.S.C. 923).
26    "Firearm" means any device, by whatever name known, which

 

 

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

 

 

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1    required or recommended by the United States Coast Guard
2    or the Interstate Commerce Commission; and
3        (2) any ammunition designed exclusively for use with a
4    stud or rivet driver or other similar industrial
5    ammunition.
6    "Gun show" means an event or function:
7        (1) at which the sale and transfer of firearms is the
8    regular and normal course of business and where 50 or more
9    firearms are displayed, offered, or exhibited for sale,
10    transfer, or exchange; or
11        (2) at which not less than 10 gun show vendors
12    display, offer, or exhibit for sale, sell, transfer, or
13    exchange firearms.
14    "Gun show" includes the entire premises provided for an
15event or function, including parking areas for the event or
16function, that is sponsored to facilitate the purchase, sale,
17transfer, or exchange of firearms as described in this
18Section. Nothing in this definition shall be construed to
19exclude a gun show held in conjunction with competitive
20shooting events at the World Shooting Complex sanctioned by a
21national governing body in which the sale or transfer of
22firearms is authorized under subparagraph (5) of paragraph (g)
23of subsection (A) of Section 24-3 of the Criminal Code of 2012.
24    Unless otherwise expressly stated, "gun show" does not
25include training or safety classes, competitive shooting
26events, such as rifle, shotgun, or handgun matches, trap,

 

 

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1skeet, or sporting clays shoots, dinners, banquets, raffles,
2or any other event where the sale or transfer of firearms is
3not the primary course of business.
4    "Gun show promoter" means a person who organizes or
5operates a gun show.
6    "Gun show vendor" means a person who exhibits, sells,
7offers for sale, transfers, or exchanges any firearms at a gun
8show, regardless of whether the person arranges with a gun
9show promoter for a fixed location from which to exhibit,
10sell, offer for sale, transfer, or exchange any firearm.
11    "Intellectual disability" means significantly subaverage
12general intellectual functioning, existing concurrently with
13deficits in adaptive behavior and manifested during the
14developmental period, which is defined as before the age of
1522, that adversely affects a child's educational performance.
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
23treatment of persons with mental illness and includes all
24hospitals, 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    "Noncitizen" means a person who is not a citizen of the
8United States, but is a person who is a foreign-born person who
9lives in the United States, has not been naturalized, and is
10still a citizen of a foreign country.
11    "Patient" means:
12        (1) a person who is admitted as an inpatient or
13    resident of a public or private mental health facility for
14    mental health treatment under Chapter III of the Mental
15    Health and Developmental Disabilities Code as an informal
16    admission, a voluntary admission, a minor admission, an
17    emergency admission, or an involuntary admission, unless
18    the treatment was solely for an alcohol abuse disorder; or
19        (2) a person who voluntarily or involuntarily receives
20    mental health treatment as an out-patient or is otherwise
21    provided services by a public or private mental health
22    facility and who poses a clear and present danger to
23    himself, herself, or others.
24    "Physician" has the meaning as defined in Section 1-120 of
25the Mental Health and Developmental Disabilities Code.
26    "Protective order" means any orders of protection issued

 

 

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1under the Illinois Domestic Violence Act of 1986, stalking no
2contact orders issued under the Stalking No Contact Order Act,
3civil no contact orders issued under the Civil No Contact
4Order Act, and firearms restraining orders issued under the
5Firearms Restraining Order Act or a substantially similar
6order issued by the court of another state, tribe, or United
7States territory or military judge tribunal.
8    "Qualified examiner" has the meaning provided in Section
91-122 of the Mental Health and Developmental Disabilities
10Code.
11    "Sanctioned competitive shooting event" means a shooting
12contest officially recognized by a national or state shooting
13sport association, and includes any sight-in or practice
14conducted in conjunction with the event.
15    "School administrator" means the person required to report
16under the School Administrator Reporting of Mental Health
17Clear and Present Danger Determinations Law.
18    "Stun gun or taser" has the meaning ascribed to it in
19Section 24-1 of the Criminal Code of 2012.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
221-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
 
23    Section 10. The Code of Criminal Procedure of 1963 is
24amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
25follows:
 

 

 

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1    (725 ILCS 5/112A-4.5)
2    Sec. 112A-4.5. Who may file petition.
3    (a) A petition for a domestic violence order of protection
4may be filed:
5        (1) by a named victim who has been abused by a family
6    or household member;
7        (2) by any person or by the State's Attorney on behalf
8    of a named victim who is a minor child or an adult who has
9    been abused by a family or household member and who,
10    because of age, health, disability, or inaccessibility,
11    cannot file the petition;
12        (3) by a State's Attorney on behalf of any minor child
13    or dependent adult in the care of the named victim, if the
14    named victim does not file a petition or request the
15    State's Attorney file the petition; or
16        (4) any of the following persons if the person is
17    abused by a family or household member of a child:
18            (i) a foster parent of that child if the child has
19        been placed in the foster parent's home by the
20        Department of Children and Family Services or by
21        another state's public child welfare agency;
22            (ii) a legally appointed guardian or legally
23        appointed custodian of that child;
24            (iii) an adoptive parent of that child;
25            (iv) a prospective adoptive parent of that child

 

 

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1        if the child has been placed in the prospective
2        adoptive parent's home pursuant to the Adoption Act or
3        pursuant to another state's law.
4    For purposes of this paragraph (a)(4), individuals who
5would have been considered "family or household members" of
6the child under paragraph (3) of subsection (b) of Section
7112A-3 before a termination of the parental rights with
8respect to the child continue to meet the definition of
9"family or household members" of the child.
10    (b) A petition for a civil no contact order may be filed:
11        (1) by any person who is a named victim of
12    non-consensual sexual conduct or non-consensual sexual
13    penetration, including a single incident of non-consensual
14    sexual conduct or non-consensual sexual penetration;
15        (2) by a person or by the State's Attorney on behalf of
16    a named victim who is a minor child or an adult who is a
17    victim of non-consensual sexual conduct or non-consensual
18    sexual penetration but, because of age, disability,
19    health, or inaccessibility, cannot file the petition;
20        (3) by a State's Attorney on behalf of any minor child
21    who is a family or household member of the named victim, if
22    the named victim does not file a petition or request the
23    State's Attorney file the petition;
24        (4) by a service member of the Illinois National Guard
25    or any reserve military component serving within the State
26    who is a victim of non-consensual sexual conduct who has

 

 

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

 

 

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1    in the State on behalf of a named victim who is a victim of
2    non-consensual sexual conduct who has also received a
3    Military Protective Order only after receiving consent
4    from the victim, and the petition shall include a
5    statement that the victim has consented to the Staff Judge
6    Advocate filing the petition.
7    (d) The State's Attorney shall file a petition on behalf
8of any person who may file a petition under subsections (a),
9(b), or (c) of this Section if the person requests the State's
10Attorney to file a petition on the person's behalf, unless the
11State's Attorney has a good faith basis to delay filing the
12petition. The State's Attorney shall inform the person that
13the State's Attorney will not be filing the petition at that
14time and that the person may file a petition or may retain an
15attorney to file the petition. The State's Attorney may file
16the petition at a later date.
17    (d-5) (1) A person eligible to file a petition under
18subsection (a), (b), or (c) of this Section may retain an
19attorney to represent the petitioner on the petitioner's
20request for a protective order. The attorney's representation
21is limited to matters related to the petition and relief
22authorized under this Article.
23    (2) Advocates shall be allowed to accompany the petitioner
24and confer with the victim, unless otherwise directed by the
25court. Advocates are not engaged in the unauthorized practice
26of law when providing assistance to the petitioner.

 

 

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1    (e) Any petition properly filed under this Article may
2seek protection for any additional persons protected by this
3Article.
4(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
 
5    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
6    Sec. 112A-23. Enforcement of protective orders.
7    (a) When violation is crime. A violation of any protective
8order, whether issued in a civil, quasi-criminal proceeding or
9by a military judge tribunal, shall be enforced by a criminal
10court when:
11        (1) The respondent commits the crime of violation of a
12    domestic violence order of protection pursuant to Section
13    12-3.4 or 12-30 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, by having knowingly violated:
15            (i) remedies described in paragraph (1), (2), (3),
16        (14), or (14.5) of subsection (b) of Section 112A-14
17        of this Code,
18            (ii) a remedy, which is substantially similar to
19        the remedies authorized under paragraph (1), (2), (3),
20        (14), or (14.5) of subsection (b) of Section 214 of the
21        Illinois Domestic Violence Act of 1986, in a valid
22        order of protection, which is authorized under the
23        laws of another state, tribe, or United States
24        territory, or
25            (iii) any other remedy when the act constitutes a

 

 

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

 

 

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

 

 

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

 

 

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1    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
2        (4) By other means demonstrating actual knowledge of
3    the contents of the order.
4    (e) The enforcement of a protective order in civil or
5criminal court shall not be affected by either of the
6following:
7        (1) The existence of a separate, correlative order
8    entered under Section 112A-15 of this Code.
9        (2) Any finding or order entered in a conjoined
10    criminal proceeding.
11    (e-5) If a civil no contact order entered under subsection
12(6) of Section 112A-20 of the Code of Criminal Procedure of
131963 conflicts with an order issued pursuant to the Juvenile
14Court Act of 1987 or the Illinois Marriage and Dissolution of
15Marriage Act, the conflicting order issued under subsection
16(6) of Section 112A-20 of the Code of Criminal Procedure of
171963 shall be void.
18    (f) Circumstances. The court, when determining whether or
19not a violation of a protective order has occurred, shall not
20require physical manifestations of abuse on the person of the
21victim.
22    (g) Penalties.
23        (1) Except as provided in paragraph (3) of this
24    subsection (g), where the court finds the commission of a
25    crime or contempt of court under subsection (a) or (b) of
26    this Section, the penalty shall be the penalty that

 

 

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

 

 

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1    consider evidence of any violations of a protective order:
2            (i) to modify the conditions of pretrial release
3        on an underlying criminal charge pursuant to Section
4        110-6 of this Code;
5            (ii) to revoke or modify an order of probation,
6        conditional discharge, or supervision, pursuant to
7        Section 5-6-4 of the Unified Code of Corrections;
8            (iii) to revoke or modify a sentence of periodic
9        imprisonment, pursuant to Section 5-7-2 of the Unified
10        Code of Corrections.
11(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
12102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
135-19-22.)
 
14    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
15    Sec. 112A-28. Data maintenance by law enforcement
16agencies.
17    (a) All sheriffs shall furnish to the Illinois State
18Police, daily, in the form and detail the Illinois State
19Police requires, copies of any recorded protective orders
20issued by the court, and any foreign protective orders,
21including, but not limited to, an order of protection issued
22by a military judge tribunal, filed by the clerk of the court,
23and transmitted to the sheriff by the clerk of the court. Each
24protective order shall be entered in the Law Enforcement
25Agencies Data System on the same day it is issued by the court.

 

 

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1    (b) The Illinois State Police shall maintain a complete
2and systematic record and index of all valid and recorded
3protective orders issued or filed under this Act. The data
4shall be used to inform all dispatchers and law enforcement
5officers at the scene of an alleged incident of abuse or
6violation of a protective order of any recorded prior incident
7of abuse involving the abused party and the effective dates
8and terms of any recorded protective order.
9    (c) The data, records and transmittals required under this
10Section shall pertain to:
11        (1) any valid emergency, interim or plenary domestic
12    violence order of protection, civil no contact or stalking
13    no contact order issued in a civil proceeding; and
14        (2) any valid ex parte or final protective order
15    issued in a criminal proceeding or authorized under the
16    laws of another state, tribe, or United States territory.
17(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
18    Section 15. The Stalking No Contact Order Act is amended
19by changing Section 15 as follows:
 
20    (740 ILCS 21/15)
21    Sec. 15. Persons protected by this Act. A petition for a
22stalking no contact order may be filed when relief is not
23available to the petitioner under the Illinois Domestic
24Violence Act of 1986:

 

 

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1        (1) by any person who is a victim of stalking;
2        (2) by a person on behalf of a minor child or an adult
3    who is a victim of stalking but, because of age,
4    disability, health, or inaccessibility, cannot file the
5    petition;
6        (3) by an authorized agent of a workplace;
7        (4) by an authorized agent of a place of worship; or
8        (5) by an authorized agent of a school;
9        (6) by a service member of the Illinois National Guard
10    or any reserve military component serving within the State
11    who is a victim of stalking who has also received a
12    Military Protective Order; or
13        (7) by the Staff Judge Advocate of the Illinois
14    National Guard or any reserve military component serving
15    within the State on behalf of a named victim who is a
16    victim of stalking who has also received a Military
17    Protective Order only after receiving consent from the
18    victim, and the petition shall include a statement that
19    the victim has consented to the Staff Judge Advocate
20    filing the petition.
21(Source: P.A. 100-1000, eff. 1-1-19.)
 
22    Section 20. The Civil No Contact Order Act is amended by
23changing Sections 201 and 220 as follows:
 
24    (740 ILCS 22/201)

 

 

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1    Sec. 201. Persons protected by this Act.
2    (a) The following persons are protected by this Act:
3        (1) any victim of non-consensual sexual conduct or
4    non-consensual sexual penetration on whose behalf the
5    petition is brought;
6        (2) any family or household member of the named
7    victim; and
8        (3) any employee of or volunteer at a rape crisis
9    center that is providing services to the petitioner or the
10    petitioner's family or household member; and .
11        (4) any service member of the Illinois National Guard
12    or any reserve military component serving within the State
13    who is a victim of non-consensual sexual conduct who has
14    also received a Military Protective Order.
15    (b) A petition for a civil no contact order may be filed:
16        (1) by any person who is a victim of non-consensual
17    sexual conduct or non-consensual sexual penetration,
18    including a single incident of non-consensual sexual
19    conduct or non-consensual sexual penetration;
20        (2) by a person on behalf of a minor child or an adult
21    who is a victim of non-consensual sexual conduct or
22    non-consensual sexual penetration but, because of age,
23    disability, health, or inaccessibility, cannot file the
24    petition; or
25        (3) only after receiving consent from the victim, by
26    any family or household member of a victim of

 

 

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1    non-consensual sexual conduct or non-consensual sexual
2    penetration, and the petition shall include a statement
3    that the victim has consented to the family or household
4    member filing the petition; .
5        (4) any service member of the Illinois National Guard
6    or any reserve military component serving within the State
7    who is a victim of non-consensual sexual conduct who has
8    also received a Military Protective Order; or
9        (5) the Staff Judge Advocate of the Illinois National
10    Guard or any reserve military component serving within the
11    State on behalf of a named victim who is a victim of
12    non-consensual sexual conduct who has also received a
13    Military Protective Order only after receiving consent
14    from the victim, and the petition shall include a
15    statement that the victim has consented to the Staff Judge
16    Advocate filing the petition.
17(Source: P.A. 102-198, eff. 1-1-22.)
 
18    (740 ILCS 22/220)
19    Sec. 220. Enforcement of a civil no contact order.
20    (a) Nothing in this Act shall preclude any Illinois court
21from enforcing a valid protective order issued in another
22state or by a military judge.
23    (b) Illinois courts may enforce civil no contact orders
24through both criminal proceedings and civil contempt
25proceedings, unless the action which is second in time is

 

 

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

 

 

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

 

 

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

 

 

HB3103 Enrolled- 28 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 29 -LRB103 30894 LNS 57433 b

1    may consider evidence of any previous violations of a
2    civil no contact order:
3            (i) to modify the conditions of pretrial release
4        on an underlying criminal charge pursuant to Section
5        110-6 of the Code of Criminal Procedure of 1963;
6            (ii) to revoke or modify an order of probation,
7        conditional discharge or supervision, pursuant to
8        Section 5-6-4 of the Unified Code of Corrections; or
9            (iii) to revoke or modify a sentence of periodic
10        imprisonment, pursuant to Section 5-7-2 of the Unified
11        Code of Corrections.
12(Source: P.A. 101-652, eff. 1-1-23.)
 
13    Section 25. The Illinois Domestic Violence Act of 1986 is
14amended by changing Sections 222.5, 223, and 302 as follows:
 
15    (750 ILCS 60/222.5)
16    Sec. 222.5. Filing of an order of protection issued in
17another state or other jurisdiction.
18    (a) A person entitled to protection under an order of
19protection issued by the court of another state, tribe, or
20United States territory or military judge tribunal may file a
21certified copy of the order of protection with the clerk of the
22court in a judicial circuit in which the person believes that
23enforcement may be necessary.
24    (a-5) The Illinois National Guard shall file a certified

 

 

HB3103 Enrolled- 30 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 31 -LRB103 30894 LNS 57433 b

1    (d) The clerk shall not charge a fee to file a foreign
2order of protection under this Section.
3    (e) The sheriff shall inform the Illinois State Police as
4set forth in Section 302 of this Act.
5(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
6    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
7    Sec. 223. Enforcement of orders of protection.
8    (a) When violation is crime. A violation of any order of
9protection, whether issued in a civil or criminal proceeding
10or by a military judge tribunal, shall be enforced by a
11criminal court when:
12        (1) The respondent commits the crime of violation of
13    an order of protection pursuant to Section 12-3.4 or 12-30
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    by having knowingly violated:
16            (i) remedies described in paragraphs (1), (2),
17        (3), (14), or (14.5) of subsection (b) of Section 214
18        of this Act; or
19            (ii) a remedy, which is substantially similar to
20        the remedies authorized under paragraphs (1), (2),
21        (3), (14), and (14.5) of subsection (b) of Section 214
22        of this Act, in a valid order of protection which is
23        authorized under the laws of another state, tribe, or
24        United States territory; or
25            (iii) any other remedy when the act constitutes a

 

 

HB3103 Enrolled- 32 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 33 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 34 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 35 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 36 -LRB103 30894 LNS 57433 b

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

 

 

HB3103 Enrolled- 37 -LRB103 30894 LNS 57433 b

1        (5) In addition to any other penalties, the court
2    shall impose an additional fine of $20 as authorized by
3    Section 5-9-1.11 of the Unified Code of Corrections upon
4    any person convicted of or placed on supervision for a
5    violation of an order of protection. The additional fine
6    shall be imposed for each violation of this Section.
7(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
 
8    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)
9    Sec. 302. Data maintenance by law enforcement agencies.
10    (a) All sheriffs shall furnish to the Illinois State
11Police, on the same day as received, in the form and detail the
12Illinois State Police requires, copies of any recorded
13emergency, interim, or plenary orders of protection issued by
14the court, and any foreign orders of protection, including,
15but not limited to, an order of protection issued by a military
16judge tribunal, filed by the clerk of the court, and
17transmitted to the sheriff by the clerk of the court pursuant
18to subsection (b) of Section 222 of this Act. Each order of
19protection shall be entered in the Law Enforcement Agencies
20Data System on the same day it is issued by the court. If an
21emergency order of protection was issued in accordance with
22subsection (c) of Section 217, the order shall be entered in
23the Law Enforcement Agencies Data System as soon as possible
24after receipt from the clerk.
25    (b) The Illinois State Police shall maintain a complete

 

 

HB3103 Enrolled- 38 -LRB103 30894 LNS 57433 b

1and systematic record and index of all valid and recorded
2orders of protection issued pursuant to this Act. The data
3shall be used to inform all dispatchers and law enforcement
4officers at the scene of an alleged incident of abuse,
5neglect, or exploitation or violation of an order of
6protection of any recorded prior incident of abuse, neglect,
7or exploitation involving the abused, neglected, or exploited
8party and the effective dates and terms of any recorded order
9of protection.
10    (c) The data, records and transmittals required under this
11Section shall pertain to any valid emergency, interim or
12plenary order of protection, whether issued in a civil or
13criminal proceeding or authorized under the laws of another
14state, tribe, or United States territory.
15(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.