Full Text of HB0192 97th General Assembly
HB0192ham001 97TH GENERAL ASSEMBLY | Rep. Roger L. Eddy Filed: 3/11/2011
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| 1 | | AMENDMENT TO HOUSE BILL 192
| 2 | | AMENDMENT NO. ______. Amend House Bill 192 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Civil No Contact Order Act is amended by | 5 | | changing Sections 213 and 220 as follows:
| 6 | | (740 ILCS 22/213)
| 7 | | Sec. 213. Civil no contact order; remedies.
| 8 | | (a) If the court finds that the petitioner has been a | 9 | | victim of
non-consensual sexual conduct or non-consensual | 10 | | sexual penetration, a civil no
contact order shall issue; | 11 | | provided that the petitioner must also satisfy the
requirements | 12 | | of Section
214 on emergency orders or Section 215 on plenary | 13 | | orders. The petitioner
shall not be denied a civil no contact | 14 | | order because the petitioner or the
respondent is a minor. The | 15 | | court, when
determining whether or not to issue a civil no | 16 | | contact order, may not
require physical injury on the person of |
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| 1 | | the victim.
Modification and extension of prior civil no | 2 | | contact orders shall be in
accordance with this Act.
| 3 | | (b) (Blank).
| 4 | | (b-5) The court may provide relief as follows: | 5 | | (1) prohibit the respondent from knowingly coming | 6 | | within, or knowingly remaining within, a specified | 7 | | distance from the petitioner; | 8 | | (2) restrain the respondent from having any contact, | 9 | | including nonphysical contact, with the petitioner | 10 | | directly, indirectly, or through third parties, regardless | 11 | | of whether those third parties know of the order; | 12 | | (3) prohibit the respondent from knowingly coming | 13 | | within, or knowingly remaining within, a specified | 14 | | distance from the petitioner's residence, school, day care | 15 | | or other specified location; | 16 | | (4) order the respondent to stay away from any property | 17 | | or animal owned, possessed, leased, kept, or held by the | 18 | | petitioner and forbid the respondent from taking, | 19 | | transferring, encumbering, concealing, harming, or | 20 | | otherwise disposing of the property or animal; and | 21 | | (5) order any other injunctive relief as necessary or | 22 | | appropriate for the protection of the petitioner. | 23 | | (b-6) When the petitioner and the respondent attend the | 24 | | same public or private elementary, middle, or high school, the | 25 | | court when issuing a civil no contact order and providing | 26 | | relief shall consider , among the other facts of the case, the |
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| 1 | | severity of the act, any continuing physical danger or | 2 | | emotional distress to the petitioner, the educational rights | 3 | | guaranteed to the petitioner and respondent under federal and | 4 | | state laws, the availability of a transfer to another school, | 5 | | change of placement or change of program of the respondent, the | 6 | | expense, difficulty, and educational disruption that would be | 7 | | caused by a transfer of the respondent to another school, and | 8 | | any other relevant facts of the case and the expense, | 9 | | difficulty, and educational disruption that would be caused by | 10 | | a transfer of the respondent to another school . The court may | 11 | | order that the respondent not attend the public or private | 12 | | elementary, middle, or high school attended by the petitioner , | 13 | | order that the respondent accept a change of placement or | 14 | | program, as determined by the School District, or place | 15 | | restrictions on the respondent's movements within the school | 16 | | attended by the petitioner.
The respondent bears the burden of | 17 | | proving by a preponderance of the evidence that a transfer, | 18 | | change of placement or change of program of the respondent is | 19 | | not available. The respondent also bears the burden of | 20 | | production with respect to the expense, difficulty, and | 21 | | educational disruption that would be caused by a transfer of | 22 | | the respondent to another school. A transfer, change of | 23 | | placement or change of program is not unavailable solely on the | 24 | | ground that the respondent does not agree with the School | 25 | | District's transfer or change of placement or program or the | 26 | | respondent fails or refuses to consent or otherwise take |
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| 1 | | actions required to effectuate a transfer, change of placement | 2 | | or change of program.
When a court orders a respondent to stay | 3 | | away from the public school attended by the petitioner and the | 4 | | respondent requests a transfer to another attendance center | 5 | | within the respondent's school district, the school district | 6 | | shall have sole discretion to determine the attendance center | 7 | | to which the respondent is transferred.
In the event the court | 8 | | order results in a transfer of the minor respondent to another | 9 | | attendance center, a change in the respondent's placement or | 10 | | change of the respondent's program, the parents, guardian or | 11 | | legal custodian of the respondent are responsible for | 12 | | transportation and other costs associated with the transfer or | 13 | | change. | 14 | | (b-7) The court may order the parents, guardian or legal | 15 | | custodian of a minor respondent to take certain actions or to | 16 | | refrain from certain actions to ensure that the respondent | 17 | | complies with the order . In the event the court orders a | 18 | | transfer of the respondent to another school, the parents or | 19 | | legal guardians of the respondent are responsible for | 20 | | transportation and other costs associated with the change of | 21 | | school by the respondent. | 22 | | (c) Denial of a remedy may not be based, in whole or in | 23 | | part, on
evidence that:
| 24 | | (1) the respondent has cause for any use of force, | 25 | | unless that
cause satisfies the standards for justifiable | 26 | | use of force provided
by Article VII of the Criminal Code |
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| 1 | | of 1961;
| 2 | | (2) the respondent was voluntarily intoxicated;
| 3 | | (3) the petitioner acted in self-defense or defense of | 4 | | another,
provided that, if the petitioner utilized force, | 5 | | such force was
justifiable under Article VII of the | 6 | | Criminal Code of 1961;
| 7 | | (4) the petitioner did not act in self-defense or | 8 | | defense of
another;
| 9 | | (5) the petitioner left the residence or household to | 10 | | avoid
further non-consensual sexual conduct or | 11 | | non-consensual sexual penetration
by the respondent; or
| 12 | | (6) the petitioner did not leave the residence or | 13 | | household to
avoid further non-consensual sexual conduct | 14 | | or non-consensual sexual
penetration by the respondent.
| 15 | | (d) Monetary damages are not recoverable as a remedy.
| 16 | | (Source: P.A. 96-311, eff. 1-1-10.)
| 17 | | (740 ILCS 22/220) | 18 | | Sec. 220. Enforcement of a civil no contact order. | 19 | | (a) Nothing in this Act shall preclude any Illinois court | 20 | | from enforcing a valid protective order issued in another | 21 | | state. | 22 | | (b) Illinois courts may enforce civil no contact orders | 23 | | through both criminal proceedings and civil contempt | 24 | | proceedings, unless the action which is second in time is | 25 | | barred by collateral estoppel or the constitutional |
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| 1 | | prohibition against double jeopardy. | 2 | | (b-1) The court shall not hold a school district or any of | 3 | | its employees in civil or criminal contempt unless the school | 4 | | district has been allowed to intervene. | 5 | | (b-2) The court may hold the parents, guardian or legal | 6 | | custodian of a minor respondent in civil or criminal contempt | 7 | | for a violation of any provision or any order entered under | 8 | | this Act, for conduct of the minor respondent in violation of | 9 | | this Act if the
parents, guardian or legal custodian directed, | 10 | | encouraged, or assisted the respondent minor in such conduct. | 11 | | (c) Criminal prosecution. A violation of any civil no | 12 | | contact order, whether issued in a civil or criminal | 13 | | proceeding, shall be enforced by a criminal court when the | 14 | | respondent commits the crime of violation of a civil no contact | 15 | | order pursuant to Section 219 by having knowingly violated: | 16 | | (1) remedies described in Section 213 and included in a | 17 | | civil no contact order; or | 18 | | (2) a provision of an order, which is substantially | 19 | | similar to provisions of Section 213, in a valid civil no | 20 | | contact order which is authorized under the laws of another | 21 | | state, tribe, or United States territory. | 22 | | Prosecution for a violation of a civil no contact order | 23 | | shall not bar a concurrent prosecution for any other crime, | 24 | | including any crime that may have been committed at the time of | 25 | | the violation of the civil no contact order. | 26 | | (d) Contempt of court. A violation of any valid Illinois |
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| 1 | | civil no contact order, whether issued in a civil or criminal | 2 | | proceeding, may be enforced through civil or criminal contempt | 3 | | procedures, as appropriate, by any court with jurisdiction, | 4 | | regardless of where the act or acts which violated the civil no | 5 | | contact order were committed, to the extent consistent with the | 6 | | venue provisions of this Act. | 7 | | (1) In a contempt proceeding where the petition for a | 8 | | rule to show cause or petition for adjudication of criminal | 9 | | contempt sets forth facts evidencing an immediate danger | 10 | | that the respondent will flee the jurisdiction or inflict | 11 | | physical abuse on the petitioner or minor children or on | 12 | | dependent adults in the petitioner's care, the court may | 13 | | order the attachment of the respondent without prior | 14 | | service of the petition for a rule to show cause, the rule | 15 | | to show cause, the petition for adjudication of criminal | 16 | | contempt or the adjudication of criminal contempt. Bond | 17 | | shall be set unless specifically denied in writing. | 18 | | (2) A petition for a rule to show cause or a petition | 19 | | for adjudication of criminal contempt for violation of a | 20 | | civil no contact order shall be treated as an expedited | 21 | | proceeding. | 22 | | (e) Actual knowledge. A civil no contact order may be | 23 | | enforced pursuant to this Section if the respondent violates | 24 | | the order after the respondent has actual knowledge of its | 25 | | contents as shown through one of the following means: | 26 | | (1) by service, delivery, or notice under Section 208; |
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| 1 | | (2) by notice under Section 218; | 2 | | (3) by service of a civil no contact order under | 3 | | Section 218; or | 4 | | (4) by other means demonstrating actual knowledge of | 5 | | the contents of the order. | 6 | | (f) The enforcement of a civil no contact order in civil or | 7 | | criminal court shall not be affected by either of the | 8 | | following: | 9 | | (1) the existence of a separate, correlative order, | 10 | | entered under Section 202; or | 11 | | (2) any finding or order entered in a conjoined | 12 | | criminal proceeding. | 13 | | (g) Circumstances. The court, when determining whether or | 14 | | not a violation of a civil no contact order has occurred, shall | 15 | | not require physical manifestations of abuse on the person of | 16 | | the victim. | 17 | | (h) Penalties. | 18 | | (1) Except as provided in paragraph (3) of this | 19 | | subsection, where the court finds the commission of a crime | 20 | | or contempt of court under subsection (a) or (b) of this | 21 | | Section, the penalty shall be the penalty that generally | 22 | | applies in such criminal or contempt proceedings, and may | 23 | | include one or more of the following: incarceration, | 24 | | payment of restitution, a fine, payment of attorneys' fees | 25 | | and costs, or community service. | 26 | | (2) The court shall hear and take into account evidence |
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| 1 | | of any factors in aggravation or mitigation before deciding | 2 | | an appropriate penalty under paragraph (1) of this | 3 | | subsection. | 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 civil no contact order over any penalty | 8 | | previously imposed by any court for respondent's | 9 | | violation of any civil no contact order or penal | 10 | | statute involving petitioner as victim and respondent | 11 | | as defendant; | 12 | | (ii) impose a minimum penalty of 24 hours | 13 | | imprisonment for respondent's first violation of any | 14 | | civil no contact order; and | 15 | | (iii) impose a minimum penalty of 48 hours | 16 | | imprisonment for respondent's second or subsequent | 17 | | violation of a civil no contact order unless the court | 18 | | explicitly finds that an increased penalty or that | 19 | | period of imprisonment would be manifestly unjust. | 20 | | (4) In addition to any other penalties imposed for a | 21 | | violation of a civil no contact order, a criminal court may | 22 | | consider evidence of any previous violations of a civil no | 23 | | contact order: | 24 | | (i) to increase, revoke or modify the bail bond on | 25 | | an underlying criminal charge pursuant to Section | 26 | | 110-6 of the Code of Criminal Procedure of 1963; |
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| 1 | | (ii) to revoke or modify an order of probation, | 2 | | conditional discharge or supervision, pursuant to | 3 | | Section 5-6-4 of the Unified Code of Corrections; or | 4 | | (iii) to revoke or modify a sentence of periodic | 5 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 6 | | Code of Corrections.
| 7 | | (Source: P.A. 96-311, eff. 1-1-10.)".
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