Full Text of HB5148 95th General Assembly
HB5148eng 95TH GENERAL ASSEMBLY
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 112A-20 as follows:
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| (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
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| Sec. 112A-20. Duration and extension of orders.
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| (a) Duration of emergency and interim orders. Unless | 9 |
| re-opened or
extended or voided by entry of
an order of greater | 10 |
| duration:
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| (1) Emergency orders issued under Section 112A-17 | 12 |
| shall be
effective for not less than 14 nor more than 21 | 13 |
| days;
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| (2) Interim orders shall be effective for up to 30 | 15 |
| days.
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| (b) Duration of plenary orders. Except as otherwise | 17 |
| provided in this
Section, a plenary order of protection shall | 18 |
| be valid for a fixed period
of time not to exceed 2 years.
A | 19 |
| plenary order of protection entered in conjunction with a | 20 |
| criminal
prosecution shall remain in effect as follows:
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| (1) if entered during pre-trial release, until | 22 |
| disposition, withdrawal,
or dismissal of the underlying | 23 |
| charge; if, however, the case is continued as an
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| independent cause of action, the order's duration may be | 2 |
| for a fixed period
of time not to exceed 2 years;
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| (2) if in effect in conjunction with a bond forfeiture | 4 |
| warrant, until
final disposition or an additional period
of | 5 |
| time not
exceeding 2 years; no order of
protection, | 6 |
| however, shall be terminated by a dismissal that is | 7 |
| accompanied
by the issuance of a bond forfeiture warrant;
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| (3) until expiration of any supervision, conditional | 9 |
| discharge,
probation, periodic imprisonment, parole or | 10 |
| mandatory supervised release and for an additional period | 11 |
| of time thereafter not
exceeding 2 years; or
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| (4) until the date set by the court for expiration of | 13 |
| any sentence of
imprisonment and subsequent parole or | 14 |
| mandatory supervised release
and for an additional period | 15 |
| of time
thereafter not exceeding 2 years.
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| (c) Computation of time. The duration of an order of | 17 |
| protection shall
not be reduced by the duration of any prior | 18 |
| order of protection.
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| (d) Law enforcement records. When a plenary order of | 20 |
| protection expires
upon the occurrence of a specified event, | 21 |
| rather than upon a specified date
as provided in subsection | 22 |
| (b), no expiration date shall be entered in
Department of State | 23 |
| Police records. To remove the plenary order from
those records, | 24 |
| either party shall request the clerk of the court to file a
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| certified copy of an order stating that the specified event has | 26 |
| occurred or
that the plenary order has been vacated or modified |
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| with the sheriff, and the
sheriff shall direct that law | 2 |
| enforcement records shall be promptly
corrected in accordance | 3 |
| with the filed order.
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| (e) Extension of Orders. Any emergency, interim or plenary | 5 |
| order of
protection may be extended one or more times, as | 6 |
| required, provided that
the requirements of Section 112A-17, | 7 |
| 112A-18 or 112A-19, as appropriate, are satisfied.
If the | 8 |
| motion for extension is uncontested and petitioner seeks no
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| modification of the order,
the order may be extended on the | 10 |
| basis of petitioner's motion or
affidavit stating that there | 11 |
| has been no material change in relevant
circumstances since | 12 |
| entry of the order and stating the reason for the
requested | 13 |
| extension. An extension of a plenary order of protection may be | 14 |
| granted, upon good cause shown, to remain in effect until the | 15 |
| order of protection is vacated or modified. Extensions may be | 16 |
| granted only in
open court and not under the provisions of | 17 |
| Section 112A-17(c), which
applies only when the court is | 18 |
| unavailable at the close of business or on a
court holiday.
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| (f) Termination date. Any order of protection which would | 20 |
| expire on a
court holiday shall instead expire at the close of | 21 |
| the next court business day.
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| (g) Statement of purpose. The practice of dismissing or | 23 |
| suspending a
criminal prosecution in exchange for issuing an | 24 |
| order of protection
undermines the purposes of this Article. | 25 |
| This Section shall not be
construed as encouraging that | 26 |
| practice.
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| (Source: P.A. 87-1186.)
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| Section 10. The Illinois Domestic Violence Act of 1986 is | 3 |
| amended by changing Section 220 as follows:
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| (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
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| Sec. 220. Duration and extension of orders.
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| (a) Duration of emergency and interim orders. Unless | 7 |
| re-opened or
extended or voided by entry of an order of greater | 8 |
| duration:
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| (1) Emergency orders issued under Section 217 shall be | 10 |
| effective for
not less than 14 nor more than 21 days;
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| (2) Interim orders shall be effective for up to 30 | 12 |
| days.
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| (b) Duration of plenary orders. Except as otherwise | 14 |
| provided in this
Section, a plenary order of protection shall | 15 |
| be valid for a fixed period of
time, not to exceed two years.
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| (1) A plenary order of protection entered in | 17 |
| conjunction with another
civil
proceeding shall remain in | 18 |
| effect as follows:
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| (i) if entered as preliminary relief in that other | 20 |
| proceeding, until
entry of final judgment in
that other | 21 |
| proceeding;
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| (ii) if incorporated into the final judgment in | 23 |
| that other
proceeding, until the order of protection is | 24 |
| vacated or modified; or
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| (iii) if incorporated in an order for involuntary | 2 |
| commitment, until
termination of both the involuntary | 3 |
| commitment and any voluntary
commitment, or for a fixed | 4 |
| period of time not exceeding 2 years.
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| (2) A plenary order of protection entered in | 6 |
| conjunction with a criminal
prosecution shall remain in | 7 |
| effect as follows:
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| (i) if entered during pre-trial release, until | 9 |
| disposition, withdrawal,
or dismissal of the | 10 |
| underlying charge;
if, however, the case is continued | 11 |
| as an independent cause of action, the
order's duration | 12 |
| may be for a fixed period of time not to exceed 2 | 13 |
| years;
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| (ii) if in effect in conjunction with a bond | 15 |
| forfeiture warrant, until
final disposition or an | 16 |
| additional period of time not
exceeding 2 years;
no | 17 |
| order of protection, however, shall be terminated by a | 18 |
| dismissal that
is accompanied by the issuance of a bond | 19 |
| forfeiture warrant;
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| (iii) until expiration of any supervision, | 21 |
| conditional discharge,
probation, periodic | 22 |
| imprisonment, parole or mandatory supervised release | 23 |
| and for an additional period of time thereafter not
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| exceeding 2 years; or
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| (iv) until the date set by the court for expiration | 26 |
| of any sentence of
imprisonment and subsequent parole |
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| or mandatory supervised release
and for an additional | 2 |
| period of time thereafter
not exceeding 2 years.
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| (c) Computation of time. The duration of an order of | 4 |
| protection shall
not be reduced by the duration of any prior | 5 |
| order of protection.
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| (d) Law enforcement records. When a plenary order of | 7 |
| protection expires
upon the occurrence of a specified event, | 8 |
| rather than upon a specified date
as provided in subsection | 9 |
| (b), no expiration date shall be entered in
Department of State | 10 |
| Police records. To remove the plenary order from those
records, | 11 |
| either party shall request the clerk of the court to file a
| 12 |
| certified copy of an order stating that the specified event has | 13 |
| occurred or
that the plenary order has been vacated or modified | 14 |
| with the Sheriff, and the
Sheriff shall direct that law | 15 |
| enforcement records shall be promptly
corrected in accordance | 16 |
| with the filed order.
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| (e) Extension of orders. Any emergency, interim or plenary | 18 |
| order
may be extended one or more times, as required, provided | 19 |
| that
the requirements of Section 217, 218 or 219, as | 20 |
| appropriate, are satisfied.
If the motion for extension is | 21 |
| uncontested and petitioner seeks no
modification of the order,
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| the order may be extended on the basis of petitioner's motion | 23 |
| or
affidavit stating that there has been no material change in | 24 |
| relevant
circumstances since entry of the order and stating the | 25 |
| reason for the
requested extension. An extension of a plenary | 26 |
| order of protection may be granted, upon good cause shown, to |
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HB5148 Engrossed |
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LRB095 19675 AJO 46022 b |
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| remain in effect until the order of protection is vacated or | 2 |
| modified.
Extensions may be granted only in open court and not | 3 |
| under the provisions
of subsection (c) of Section 217, which | 4 |
| applies only when the court is
unavailable at the close of | 5 |
| business or on a court holiday.
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| (f) Termination date. Any order of protection which would | 7 |
| expire on a
court holiday shall instead expire at the close of | 8 |
| the next court business day.
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| (g) Statement of purpose. The practice of dismissing or | 10 |
| suspending a
criminal prosecution in exchange for the issuance | 11 |
| of an order of protection
undermines the purposes of this Act. | 12 |
| This Section shall not be construed
as encouraging that | 13 |
| practice.
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| (Source: P.A. 86-966; 87-1186.)
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