Full Text of HB0192 97th General Assembly
HB0192ham002 97TH GENERAL ASSEMBLY | Rep. Roger L. Eddy Filed: 3/15/2011
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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 Stalking No Contact Order Act is amended by | 5 | | changing Section 80 as follows: | 6 | | (740 ILCS 21/80)
| 7 | | Sec. 80. Stalking no contact orders; remedies. | 8 | | (a) If the court finds that the petitioner has been a | 9 | | victim of stalking, a stalking no contact order shall issue; | 10 | | provided that the petitioner must also satisfy the requirements | 11 | | of Section 95 on emergency orders or Section 100 on plenary | 12 | | orders. The petitioner shall not be denied a stalking no | 13 | | contact order because the petitioner or the respondent is a | 14 | | minor. The court, when determining whether or not to issue a | 15 | | stalking no contact order, may not require physical injury on | 16 | | the person of the petitioner. Modification and extension of |
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| 1 | | prior stalking no contact orders shall be in accordance with | 2 | | this Act. | 3 | | (b) A stalking no contact order shall order one or more of | 4 | | the following: | 5 | | (1) prohibit the respondent from threatening to commit | 6 | | or committing stalking; | 7 | | (2) order the respondent not to have any contact with | 8 | | the petitioner or a third person specifically named by the | 9 | | court; | 10 | | (3) prohibit the respondent from knowingly coming | 11 | | within, or knowingly remaining within a specified distance | 12 | | of the petitioner or the petitioner's residence, school, | 13 | | daycare, or place of employment, or any specified place | 14 | | frequented by the petitioner; however, the court may order | 15 | | the respondent to stay away from the respondent's own | 16 | | residence, school, or place of employment only if the | 17 | | respondent has been provided actual notice of the | 18 | | opportunity to appear and be heard on the petition; | 19 | | (4) prohibit the respondent from possessing a Firearm | 20 | | Owners Identification Card, or possessing or buying | 21 | | firearms; and | 22 | | (5) order other injunctive relief the court determines | 23 | | to be necessary to protect the petitioner or third party | 24 | | specifically named by the court. | 25 | | (b-5) When the petitioner and the respondent attend the | 26 | | same public or private elementary, middle, or high school, the |
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| 1 | | court when issuing a stalking no contact order and providing | 2 | | relief shall consider the severity of the act, any continuing | 3 | | physical danger or emotional distress to the petitioner, the | 4 | | educational rights guaranteed to the petitioner and respondent | 5 | | under federal and State laws, the availability of a transfer to | 6 | | another school, change of placement or change of program of the | 7 | | respondent, the expense, difficulty, and educational | 8 | | disruption that would be caused by a transfer of the respondent | 9 | | to another school, and any other relevant facts of the case. | 10 | | The court may order that the respondent not attend the public | 11 | | or private elementary, middle, or high school attended by the | 12 | | petitioner, order that the respondent accept a change of | 13 | | placement or program, as determined by the school district, or | 14 | | place restrictions on the respondent's movements within the | 15 | | school attended by the petitioner.
The respondent bears the | 16 | | burden of proving by a preponderance of the evidence that a | 17 | | transfer, change of placement or change of program of the | 18 | | respondent is not available. The respondent also bears the | 19 | | burden of production with respect to the expense, difficulty, | 20 | | and educational disruption that would be caused by a transfer | 21 | | of the respondent to another school. A transfer, change of | 22 | | placement or change of program is not unavailable solely on the | 23 | | ground that the respondent does not agree with the school | 24 | | district's transfer or change of placement or program or the | 25 | | respondent fails or refuses to consent or otherwise take | 26 | | actions required to effectuate a transfer, change of placement |
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| 1 | | or change of program.
When a court orders a respondent to stay | 2 | | away from the public school attended by the petitioner and the | 3 | | respondent requests a transfer to another attendance center | 4 | | within the respondent's school district, the school district | 5 | | shall have sole discretion to determine the attendance center | 6 | | to which the respondent is transferred.
In the event the court | 7 | | order results in a transfer of the minor respondent to another | 8 | | attendance center, a change in the respondent's placement or | 9 | | change of the respondent's program, the parents, guardian or | 10 | | legal custodian of the respondent is responsible for | 11 | | transportation and other costs associated with the transfer or | 12 | | change. | 13 | | (b-6) The court may order the parents, guardian or legal | 14 | | custodian of a minor respondent to take certain actions or to | 15 | | refrain from certain actions to ensure that the respondent | 16 | | complies with the order. In the event the court orders a | 17 | | transfer of the respondent to another school, the parents or | 18 | | legal guardians of the respondent are responsible for | 19 | | transportation and other costs associated with the change of | 20 | | school by the respondent. | 21 | | (b-7) The court shall not hold a school district or any of | 22 | | its employees in civil or criminal contempt unless the school | 23 | | district has been allowed to intervene. | 24 | | (b-8) The court may hold the parents, guardian or legal | 25 | | custodian of a minor respondent in civil or criminal contempt | 26 | | for a violation of any provision of any order entered under |
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| 1 | | this Act for conduct of the minor respondent in violation of | 2 | | this Act if the
parents, guardian or legal custodian directed, | 3 | | encouraged, or assisted the respondent minor in such conduct. | 4 | | (c) The court may award the petitioner costs and attorneys | 5 | | fees if a stalking no contact order is granted. | 6 | | (d) Monetary damages are not recoverable as a remedy.
| 7 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 8 | | Section 10. The Civil No Contact Order Act is amended by | 9 | | changing Sections 213 and 220 as follows:
| 10 | | (740 ILCS 22/213)
| 11 | | Sec. 213. Civil no contact order; remedies.
| 12 | | (a) If the court finds that the petitioner has been a | 13 | | victim of
non-consensual sexual conduct or non-consensual | 14 | | sexual penetration, a civil no
contact order shall issue; | 15 | | provided that the petitioner must also satisfy the
requirements | 16 | | of Section
214 on emergency orders or Section 215 on plenary | 17 | | orders. The petitioner
shall not be denied a civil no contact | 18 | | order because the petitioner or the
respondent is a minor. The | 19 | | court, when
determining whether or not to issue a civil no | 20 | | contact order, may not
require physical injury on the person of | 21 | | the victim.
Modification and extension of prior civil no | 22 | | contact orders shall be in
accordance with this Act.
| 23 | | (b) (Blank).
| 24 | | (b-5) The court may provide relief as follows: |
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| 1 | | (1) prohibit the respondent from knowingly coming | 2 | | within, or knowingly remaining within, a specified | 3 | | distance from the petitioner; | 4 | | (2) restrain the respondent from having any contact, | 5 | | including nonphysical contact, with the petitioner | 6 | | directly, indirectly, or through third parties, regardless | 7 | | of whether those third parties know of the order; | 8 | | (3) prohibit the respondent from knowingly coming | 9 | | within, or knowingly remaining within, a specified | 10 | | distance from the petitioner's residence, school, day care | 11 | | or other specified location; | 12 | | (4) order the respondent to stay away from any property | 13 | | or animal owned, possessed, leased, kept, or held by the | 14 | | petitioner and forbid the respondent from taking, | 15 | | transferring, encumbering, concealing, harming, or | 16 | | otherwise disposing of the property or animal; and | 17 | | (5) order any other injunctive relief as necessary or | 18 | | appropriate for the protection of the petitioner. | 19 | | (b-6) When the petitioner and the respondent attend the | 20 | | same public or private elementary, middle, or high school, the | 21 | | court when issuing a civil no contact order and providing | 22 | | relief shall consider , among the other facts of the case, the | 23 | | severity of the act, any continuing physical danger or | 24 | | emotional distress to the petitioner, the educational rights | 25 | | guaranteed to the petitioner and respondent under federal and | 26 | | State laws, the availability of a transfer to another school, |
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| 1 | | change of placement or change of program of the respondent, the | 2 | | expense, difficulty, and educational disruption that would be | 3 | | caused by a transfer of the respondent to another school, and | 4 | | any other relevant facts of the case and the expense, | 5 | | difficulty, and educational disruption that would be caused by | 6 | | a transfer of the respondent to another school . The court may | 7 | | order that the respondent not attend the public or private | 8 | | elementary, middle, or high school attended by the petitioner , | 9 | | order that the respondent accept a change of placement or | 10 | | program, as determined by the school district, or place | 11 | | restrictions on the respondent's movements within the school | 12 | | attended by the petitioner.
The respondent bears the burden of | 13 | | proving by a preponderance of the evidence that a transfer, | 14 | | change of placement or change of program of the respondent is | 15 | | not available. The respondent also bears the burden of | 16 | | production with respect to the expense, difficulty, and | 17 | | educational disruption that would be caused by a transfer of | 18 | | the respondent to another school. A transfer, change of | 19 | | placement or change of program is not unavailable solely on the | 20 | | ground that the respondent does not agree with the school | 21 | | district's transfer or change of placement or program or the | 22 | | respondent fails or refuses to consent or otherwise take | 23 | | actions required to effectuate a transfer, change of placement | 24 | | or change of program.
When a court orders a respondent to stay | 25 | | away from the public school attended by the petitioner and the | 26 | | respondent requests a transfer to another attendance center |
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| 1 | | within the respondent's school district, the school district | 2 | | shall have sole discretion to determine the attendance center | 3 | | to which the respondent is transferred.
In the event the court | 4 | | order results in a transfer of the minor respondent to another | 5 | | attendance center, a change in the respondent's placement or | 6 | | change of the respondent's program, the parents, guardian or | 7 | | legal custodian of the respondent is responsible for | 8 | | transportation and other costs associated with the transfer or | 9 | | change. | 10 | | (b-7) The court may order the parents, guardian or legal | 11 | | custodian of a minor respondent to take certain actions or to | 12 | | refrain from certain actions to ensure that the respondent | 13 | | complies with the order . In the event the court orders a | 14 | | transfer of the respondent to another school, the parents or | 15 | | legal guardians of the respondent are responsible for | 16 | | transportation and other costs associated with the change of | 17 | | school by the respondent. | 18 | | (c) Denial of a remedy may not be based, in whole or in | 19 | | part, on
evidence that:
| 20 | | (1) the respondent has cause for any use of force, | 21 | | unless that
cause satisfies the standards for justifiable | 22 | | use of force provided
by Article VII of the Criminal Code | 23 | | of 1961;
| 24 | | (2) the respondent was voluntarily intoxicated;
| 25 | | (3) the petitioner acted in self-defense or defense of | 26 | | another,
provided that, if the petitioner utilized force, |
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| 1 | | such force was
justifiable under Article VII of the | 2 | | Criminal Code of 1961;
| 3 | | (4) the petitioner did not act in self-defense or | 4 | | defense of
another;
| 5 | | (5) the petitioner left the residence or household to | 6 | | avoid
further non-consensual sexual conduct or | 7 | | non-consensual sexual penetration
by the respondent; or
| 8 | | (6) the petitioner did not leave the residence or | 9 | | household to
avoid further non-consensual sexual conduct | 10 | | or non-consensual sexual
penetration by the respondent.
| 11 | | (d) Monetary damages are not recoverable as a remedy.
| 12 | | (Source: P.A. 96-311, eff. 1-1-10.)
| 13 | | (740 ILCS 22/220) | 14 | | Sec. 220. Enforcement of a civil no contact order. | 15 | | (a) Nothing in this Act shall preclude any Illinois court | 16 | | from enforcing a valid protective order issued in another | 17 | | state. | 18 | | (b) Illinois courts may enforce civil no contact orders | 19 | | through both criminal proceedings and civil contempt | 20 | | proceedings, unless the action which is second in time is | 21 | | barred by collateral estoppel or the constitutional | 22 | | prohibition against double jeopardy. | 23 | | (b-1) The court shall not hold a school district or any of | 24 | | its employees in civil or criminal contempt unless the school | 25 | | district has been allowed to intervene. |
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| 1 | | (b-2) The court may hold the parents, guardian or legal | 2 | | custodian of a minor respondent in civil or criminal contempt | 3 | | for a violation of any provision of any order entered under | 4 | | this Act for conduct of the minor respondent in violation of | 5 | | this Act if the
parents, guardian or legal custodian directed, | 6 | | encouraged, or assisted the respondent minor in such conduct. | 7 | | (c) Criminal prosecution. A violation of any civil no | 8 | | contact order, whether issued in a civil or criminal | 9 | | proceeding, shall be enforced by a criminal court when the | 10 | | respondent commits the crime of violation of a civil no contact | 11 | | order pursuant to Section 219 by having knowingly violated: | 12 | | (1) remedies described in Section 213 and included in a | 13 | | civil no contact order; or | 14 | | (2) a provision of an order, which is substantially | 15 | | similar to provisions of Section 213, in a valid civil no | 16 | | contact order which is authorized under the laws of another | 17 | | state, tribe, or United States territory. | 18 | | Prosecution for a violation of a civil no contact order | 19 | | shall not bar a concurrent prosecution for any other crime, | 20 | | including any crime that may have been committed at the time of | 21 | | the violation of the civil no contact order. | 22 | | (d) Contempt of court. A violation of any valid Illinois | 23 | | civil no contact order, whether issued in a civil or criminal | 24 | | proceeding, may be enforced through civil or criminal contempt | 25 | | procedures, as appropriate, by any court with jurisdiction, | 26 | | regardless of where the act or acts which violated the civil no |
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| 1 | | contact order were committed, to the extent consistent with the | 2 | | venue provisions of this Act. | 3 | | (1) In a contempt proceeding where the petition for a | 4 | | rule to show cause or petition for adjudication of criminal | 5 | | contempt sets forth facts evidencing an immediate danger | 6 | | that the respondent will flee the jurisdiction or inflict | 7 | | physical abuse on the petitioner or minor children or on | 8 | | dependent adults in the petitioner's care, the court may | 9 | | order the attachment of the respondent without prior | 10 | | service of the petition for a rule to show cause, the rule | 11 | | to show cause, the petition for adjudication of criminal | 12 | | contempt or the adjudication of criminal contempt. Bond | 13 | | shall be set unless specifically denied in writing. | 14 | | (2) A petition for a rule to show cause or a petition | 15 | | for adjudication of criminal contempt for violation of a | 16 | | civil no contact order shall be treated as an expedited | 17 | | proceeding. | 18 | | (e) Actual knowledge. A civil no contact order may be | 19 | | enforced pursuant to this Section if the respondent violates | 20 | | the order after the respondent has actual knowledge of its | 21 | | contents as shown through one of the following means: | 22 | | (1) by service, delivery, or notice under Section 208; | 23 | | (2) by notice under Section 218; | 24 | | (3) by service of a civil no contact order under | 25 | | Section 218; or | 26 | | (4) by other means demonstrating actual knowledge of |
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| 1 | | the contents of the order. | 2 | | (f) The enforcement of a civil no contact order in civil or | 3 | | criminal court shall not be affected by either of the | 4 | | following: | 5 | | (1) the existence of a separate, correlative order, | 6 | | entered under Section 202; or | 7 | | (2) any finding or order entered in a conjoined | 8 | | criminal proceeding. | 9 | | (g) Circumstances. The court, when determining whether or | 10 | | not a violation of a civil no contact order has occurred, shall | 11 | | not require physical manifestations of abuse on the person of | 12 | | the victim. | 13 | | (h) Penalties. | 14 | | (1) Except as provided in paragraph (3) of this | 15 | | subsection, where the court finds the commission of a crime | 16 | | or contempt of court under subsection (a) or (b) of this | 17 | | Section, the penalty shall be the penalty that generally | 18 | | applies in such criminal or contempt proceedings, and may | 19 | | include one or more of the following: incarceration, | 20 | | payment of restitution, a fine, payment of attorneys' fees | 21 | | and costs, or community service. | 22 | | (2) The court shall hear and take into account evidence | 23 | | of any factors in aggravation or mitigation before deciding | 24 | | an appropriate penalty under paragraph (1) of this | 25 | | subsection. | 26 | | (3) To the extent permitted by law, the court is |
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| 1 | | encouraged to: | 2 | | (i) increase the penalty for the knowing violation | 3 | | of any civil no contact order over any penalty | 4 | | previously imposed by any court for respondent's | 5 | | violation of any civil no contact order or penal | 6 | | statute involving petitioner as victim and respondent | 7 | | as defendant; | 8 | | (ii) impose a minimum penalty of 24 hours | 9 | | imprisonment for respondent's first violation of any | 10 | | civil no contact order; and | 11 | | (iii) impose a minimum penalty of 48 hours | 12 | | imprisonment for respondent's second or subsequent | 13 | | violation of a civil no contact order unless the court | 14 | | explicitly finds that an increased penalty or that | 15 | | period of imprisonment would be manifestly unjust. | 16 | | (4) In addition to any other penalties imposed for a | 17 | | violation of a civil no contact order, a criminal court may | 18 | | consider evidence of any previous violations of a civil no | 19 | | contact order: | 20 | | (i) to increase, revoke or modify the bail bond on | 21 | | an underlying criminal charge pursuant to Section | 22 | | 110-6 of the Code of Criminal Procedure of 1963; | 23 | | (ii) to revoke or modify an order of probation, | 24 | | conditional discharge or supervision, pursuant to | 25 | | Section 5-6-4 of the Unified Code of Corrections; or | 26 | | (iii) to revoke or modify a sentence of periodic |
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| 1 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 2 | | Code of Corrections.
| 3 | | (Source: P.A. 96-311, eff. 1-1-10.) | 4 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Sections 214 and 223 as follows:
| 6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 7 | | Sec. 214. Order of protection; remedies.
| 8 | | (a) Issuance of order. If the court finds that petitioner | 9 | | has been
abused by a family or household member or that | 10 | | petitioner is a high-risk
adult who has been abused, neglected, | 11 | | or exploited, as defined in this Act,
an order of protection | 12 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 13 | | provided that petitioner must also satisfy the requirements of
| 14 | | one of the following Sections, as appropriate: Section 217 on | 15 | | emergency
orders, Section 218 on interim orders, or Section 219 | 16 | | on plenary orders.
Petitioner shall not be denied an order of | 17 | | protection because petitioner or
respondent is a minor. The | 18 | | court, when determining whether or not to issue
an order of | 19 | | protection, shall not require physical manifestations of abuse
| 20 | | on the person of the victim. Modification and extension of | 21 | | prior
orders of protection shall be in accordance with this | 22 | | Act.
| 23 | | (b) Remedies and standards. The remedies to be included in | 24 | | an order of
protection shall be determined in accordance with |
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| 1 | | this Section and one of
the following Sections, as appropriate: | 2 | | Section 217 on emergency orders,
Section 218 on interim orders, | 3 | | and Section 219 on plenary orders. The
remedies listed in this | 4 | | subsection shall be in addition to other civil or
criminal | 5 | | remedies available to petitioner.
| 6 | | (1) Prohibition of abuse, neglect, or exploitation. | 7 | | Prohibit
respondent's harassment, interference with | 8 | | personal liberty, intimidation
of a dependent, physical | 9 | | abuse, or willful deprivation, neglect or
exploitation, as | 10 | | defined in this Act, or stalking of the petitioner, as | 11 | | defined
in Section 12-7.3 of the Criminal Code of 1961, if | 12 | | such abuse, neglect,
exploitation, or stalking has | 13 | | occurred or otherwise appears likely to occur if
not | 14 | | prohibited.
| 15 | | (2) Grant of exclusive possession of residence. | 16 | | Prohibit respondent from
entering or remaining in any | 17 | | residence, household, or premises of the petitioner,
| 18 | | including one owned or leased by respondent, if petitioner | 19 | | has a right to
occupancy thereof. The grant of exclusive | 20 | | possession of the residence, household, or premises shall | 21 | | not
affect title to real property, nor shall the court be | 22 | | limited by the standard
set forth in Section 701 of the | 23 | | Illinois Marriage and Dissolution of Marriage
Act.
| 24 | | (A) Right to occupancy. A party has a right to | 25 | | occupancy of a
residence or household if it is solely | 26 | | or jointly owned or leased by that
party, that party's |
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| 1 | | spouse, a person with a legal duty to support that | 2 | | party or
a minor child in that party's care, or by any | 3 | | person or entity other than the
opposing party that | 4 | | authorizes that party's occupancy (e.g., a domestic
| 5 | | violence shelter). Standards set forth in subparagraph | 6 | | (B) shall not preclude
equitable relief.
| 7 | | (B) Presumption of hardships. If petitioner and | 8 | | respondent
each has the right to occupancy of a | 9 | | residence or household, the court
shall balance (i) the | 10 | | hardships to respondent and any minor child or
| 11 | | dependent adult in respondent's care resulting from | 12 | | entry of this remedy with
(ii) the hardships to | 13 | | petitioner and any minor child or dependent adult in
| 14 | | petitioner's care resulting from continued exposure to | 15 | | the risk of abuse
(should petitioner remain at the | 16 | | residence or household) or from loss of
possession of | 17 | | the residence or household (should petitioner leave to | 18 | | avoid the
risk of abuse). When determining the balance | 19 | | of hardships, the court shall
also take into account | 20 | | the accessibility of the residence or household.
| 21 | | Hardships need not be balanced if respondent does not | 22 | | have a right to
occupancy.
| 23 | | The balance of hardships is presumed to favor | 24 | | possession by
petitioner unless the presumption is | 25 | | rebutted by a preponderance of the
evidence, showing | 26 | | that the hardships to respondent substantially |
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| 1 | | outweigh
the hardships to petitioner and any minor | 2 | | child or dependent adult in
petitioner's care. The | 3 | | court, on the request of petitioner or on its own
| 4 | | motion, may order respondent to provide suitable, | 5 | | accessible, alternate housing
for petitioner instead | 6 | | of excluding respondent from a mutual residence or
| 7 | | household.
| 8 | | (3) Stay away order and additional prohibitions.
Order | 9 | | respondent to stay away from petitioner or any other person
| 10 | | protected by the order of protection, or prohibit | 11 | | respondent from entering
or remaining present at | 12 | | petitioner's school, place of employment, or other
| 13 | | specified places at times when petitioner is present, or | 14 | | both, if
reasonable, given the balance of hardships. | 15 | | Hardships need not be balanced for
the court to enter a | 16 | | stay away order or prohibit entry if respondent has no
| 17 | | right to enter the premises.
| 18 | | (A) If an order of protection grants petitioner | 19 | | exclusive possession
of the residence, or prohibits | 20 | | respondent from entering the residence,
or orders | 21 | | respondent to stay away from petitioner or other
| 22 | | protected persons, then the court may allow respondent | 23 | | access to the
residence to remove items of clothing and | 24 | | personal adornment
used exclusively by respondent, | 25 | | medications, and other items as the court
directs. The | 26 | | right to access shall be exercised on only one occasion |
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| 1 | | as the
court directs and in the presence of an | 2 | | agreed-upon adult third party or law
enforcement | 3 | | officer.
| 4 | | (B) When the petitioner and the respondent attend | 5 | | the same public or private elementary, middle, or high | 6 | | school, the court when issuing an order of protection | 7 | | and providing relief shall consider the severity of the | 8 | | act, any continuing physical danger or emotional | 9 | | distress to the petitioner, the educational rights | 10 | | guaranteed to the petitioner and respondent under | 11 | | federal and State laws, the availability of a transfer | 12 | | to another school, change of placement or change of | 13 | | program of the respondent, the expense, difficulty, | 14 | | and educational disruption that would be caused by a | 15 | | transfer of the respondent to another school, and any | 16 | | other relevant facts of the case. The court may order | 17 | | that the respondent not attend the public or private | 18 | | elementary, middle, or high school attended by the | 19 | | petitioner, order that the respondent accept a change | 20 | | of placement or program, as determined by the school | 21 | | district, or place restrictions on the respondent's | 22 | | movements within the school attended by the | 23 | | petitioner.
The respondent bears the burden of proving | 24 | | by a preponderance of the evidence that a transfer, | 25 | | change of placement or change of program of the | 26 | | respondent is not available. The respondent also bears |
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| 1 | | the burden of production with respect to the expense, | 2 | | difficulty, and educational disruption that would be | 3 | | caused by a transfer of the respondent to another | 4 | | school. A transfer, change of placement or change of | 5 | | program is not unavailable solely on the ground that | 6 | | the respondent does not agree with the school | 7 | | district's transfer or change of placement or program | 8 | | or the respondent fails or refuses to consent or | 9 | | otherwise take actions required to effectuate a | 10 | | transfer, change of placement or change of program.
| 11 | | When a court orders a respondent to stay away from the | 12 | | public school attended by the petitioner and the | 13 | | respondent requests a transfer to another attendance | 14 | | center within the respondent's school district, the | 15 | | school district shall have sole discretion to | 16 | | determine the attendance center to which the | 17 | | respondent is transferred.
In the event the court order | 18 | | results in a transfer of the minor respondent to | 19 | | another attendance center, a change in the | 20 | | respondent's placement or change of the respondent's | 21 | | program, the parents, guardian or legal custodian of | 22 | | the respondent is responsible for transportation and | 23 | | other costs associated with the transfer or change. | 24 | | (C) The court may order the parents, guardian or | 25 | | legal custodian of a minor respondent to take certain | 26 | | actions or to refrain from certain actions to ensure |
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| 1 | | that the respondent complies with the order. The court | 2 | | may order the parents, guardian or legal custodian of a | 3 | | minor respondent to take certain actions or to refrain | 4 | | from certain actions to ensure that the respondent | 5 | | complies with the order. In the event the court orders | 6 | | a transfer of the respondent to another school, the | 7 | | parents or legal guardians of the respondent are | 8 | | responsible for transportation and other costs | 9 | | associated with the change of school by the respondent.
| 10 | | (4) Counseling. Require or recommend the respondent to | 11 | | undergo
counseling for a specified duration with a social | 12 | | worker, psychologist,
clinical psychologist, psychiatrist, | 13 | | family service agency, alcohol or
substance abuse program, | 14 | | mental health center guidance counselor, agency
providing | 15 | | services to elders, program designed for domestic violence
| 16 | | abusers or any other guidance service the court deems | 17 | | appropriate. The Court may order the respondent in any | 18 | | intimate partner relationship to report to an Illinois | 19 | | Department of Human Services protocol approved partner | 20 | | abuse intervention program for an assessment and to follow | 21 | | all recommended treatment.
| 22 | | (5) Physical care and possession of the minor child. In | 23 | | order to protect
the minor child from abuse, neglect, or | 24 | | unwarranted separation from the person
who has been the | 25 | | minor child's primary caretaker, or to otherwise protect | 26 | | the
well-being of the minor child, the court may do either |
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| 1 | | or both of the
following: (i) grant petitioner physical | 2 | | care or possession of the minor child,
or both, or (ii) | 3 | | order respondent to return a minor child to, or not remove | 4 | | a
minor child from, the physical care of a parent or person | 5 | | in loco parentis.
| 6 | | If a court finds, after a hearing, that respondent has | 7 | | committed abuse
(as defined in Section 103) of a minor | 8 | | child, there shall be a
rebuttable presumption that | 9 | | awarding physical care to respondent would not
be in the | 10 | | minor child's best interest.
| 11 | | (6) Temporary legal custody. Award temporary legal | 12 | | custody to petitioner
in accordance with this Section, the | 13 | | Illinois Marriage and Dissolution of
Marriage Act, the | 14 | | Illinois Parentage Act of 1984, and this State's Uniform
| 15 | | Child-Custody Jurisdiction and Enforcement Act.
| 16 | | If a court finds, after a hearing, that respondent has | 17 | | committed abuse (as
defined in Section 103) of a minor | 18 | | child, there shall be a rebuttable
presumption that | 19 | | awarding temporary legal custody to respondent would not be | 20 | | in
the child's best interest.
| 21 | | (7) Visitation. Determine the visitation rights, if | 22 | | any, of respondent in
any case in which the court awards | 23 | | physical care or temporary legal custody of
a minor child | 24 | | to petitioner. The court shall restrict or deny | 25 | | respondent's
visitation with a minor child if the court | 26 | | finds that respondent has done or is
likely to do any of |
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| 1 | | the following: (i) abuse or endanger the minor child during
| 2 | | visitation; (ii) use the visitation as an opportunity to | 3 | | abuse or harass
petitioner or petitioner's family or | 4 | | household members; (iii) improperly
conceal or detain the | 5 | | minor child; or (iv) otherwise act in a manner that is
not | 6 | | in the best interests of the minor child. The court shall | 7 | | not be limited
by the standards set forth in Section 607.1 | 8 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 9 | | If the court grants visitation, the order shall
specify | 10 | | dates and times for the visitation to take place or other | 11 | | specific
parameters or conditions that are appropriate. No | 12 | | order for visitation shall
refer merely to the term | 13 | | "reasonable visitation".
| 14 | | Petitioner may deny respondent access to the minor | 15 | | child if, when
respondent arrives for visitation, | 16 | | respondent is under the influence of drugs
or alcohol and | 17 | | constitutes a threat to the safety and well-being of
| 18 | | petitioner or petitioner's minor children or is behaving in | 19 | | a violent or
abusive manner.
| 20 | | If necessary to protect any member of petitioner's | 21 | | family or
household from future abuse, respondent shall be | 22 | | prohibited from coming to
petitioner's residence to meet | 23 | | the minor child for visitation, and the
parties shall | 24 | | submit to the court their recommendations for reasonable
| 25 | | alternative arrangements for visitation. A person may be | 26 | | approved to
supervise visitation only after filing an |
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| 1 | | affidavit accepting
that responsibility and acknowledging | 2 | | accountability to the court.
| 3 | | (8) Removal or concealment of minor child. Prohibit | 4 | | respondent from
removing a minor child from the State or | 5 | | concealing the child within the State.
| 6 | | (9) Order to appear. Order the respondent to appear in | 7 | | court, alone
or with a minor child, to prevent abuse, | 8 | | neglect, removal or concealment of
the child, to return the | 9 | | child to the custody or care of the petitioner or
to permit | 10 | | any court-ordered interview or examination of the child or | 11 | | the
respondent.
| 12 | | (10) Possession of personal property. Grant petitioner | 13 | | exclusive
possession of personal property and, if | 14 | | respondent has possession or
control, direct respondent to | 15 | | promptly make it available to petitioner, if:
| 16 | | (i) petitioner, but not respondent, owns the | 17 | | property; or
| 18 | | (ii) the parties own the property jointly; sharing | 19 | | it would risk
abuse of petitioner by respondent or is | 20 | | impracticable; and the balance of
hardships favors | 21 | | temporary possession by petitioner.
| 22 | | If petitioner's sole claim to ownership of the property | 23 | | is that it is
marital property, the court may award | 24 | | petitioner temporary possession
thereof under the | 25 | | standards of subparagraph (ii) of this paragraph only if
a | 26 | | proper proceeding has been filed under the Illinois |
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| 1 | | Marriage and
Dissolution of Marriage Act, as now or | 2 | | hereafter amended.
| 3 | | No order under this provision shall affect title to | 4 | | property.
| 5 | | (11) Protection of property. Forbid the respondent | 6 | | from taking,
transferring, encumbering, concealing, | 7 | | damaging or otherwise disposing of
any real or personal | 8 | | property, except as explicitly authorized by the
court, if:
| 9 | | (i) petitioner, but not respondent, owns the | 10 | | property; or
| 11 | | (ii) the parties own the property jointly,
and the | 12 | | balance of hardships favors granting this remedy.
| 13 | | If petitioner's sole claim to ownership of the property | 14 | | is that it is
marital property, the court may grant | 15 | | petitioner relief under subparagraph
(ii) of this | 16 | | paragraph only if a proper proceeding has been filed under | 17 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 18 | | now or hereafter amended.
| 19 | | The court may further prohibit respondent from | 20 | | improperly using the
financial or other resources of an | 21 | | aged member of the family or household
for the profit or | 22 | | advantage of respondent or of any other person.
| 23 | | (11.5) Protection of animals. Grant the petitioner the | 24 | | exclusive care, custody, or control of any animal owned, | 25 | | possessed, leased, kept, or held by either the petitioner | 26 | | or the respondent or a minor child residing in the |
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| 1 | | residence or household of either the petitioner or the | 2 | | respondent and order the respondent to stay away from the | 3 | | animal and forbid the respondent from taking, | 4 | | transferring, encumbering, concealing, harming, or | 5 | | otherwise disposing of the animal.
| 6 | | (12) Order for payment of support. Order respondent to | 7 | | pay temporary
support for the petitioner or any child in | 8 | | the petitioner's care or
custody, when the respondent has a | 9 | | legal obligation to support that person,
in accordance with | 10 | | the Illinois Marriage and Dissolution
of Marriage Act, | 11 | | which shall govern, among other matters, the amount of
| 12 | | support, payment through the clerk and withholding of | 13 | | income to secure
payment. An order for child support may be | 14 | | granted to a petitioner with
lawful physical care or | 15 | | custody of a child, or an order or agreement for
physical | 16 | | care or custody, prior to entry of an order for legal | 17 | | custody.
Such a support order shall expire upon entry of a | 18 | | valid order granting
legal custody to another, unless | 19 | | otherwise provided in the custody order.
| 20 | | (13) Order for payment of losses. Order respondent to | 21 | | pay petitioner for
losses suffered as a direct result of | 22 | | the abuse, neglect, or exploitation.
Such losses shall | 23 | | include, but not be limited to, medical expenses, lost
| 24 | | earnings or other support, repair or replacement of | 25 | | property damaged or taken,
reasonable attorney's fees, | 26 | | court costs and moving or other travel expenses,
including |
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| 1 | | additional reasonable expenses for temporary shelter and | 2 | | restaurant
meals.
| 3 | | (i) Losses affecting family needs. If a party is | 4 | | entitled to seek
maintenance, child support or | 5 | | property distribution from the other party
under the | 6 | | Illinois Marriage and Dissolution of Marriage Act, as | 7 | | now or
hereafter amended, the court may order | 8 | | respondent to reimburse petitioner's
actual losses, to | 9 | | the extent that such reimbursement would be | 10 | | "appropriate
temporary relief", as authorized by | 11 | | subsection (a)(3) of Section 501 of
that Act.
| 12 | | (ii) Recovery of expenses. In the case of an | 13 | | improper concealment
or removal of a minor child, the | 14 | | court may order respondent to pay the
reasonable | 15 | | expenses incurred or to be incurred in the search for | 16 | | and recovery
of the minor child, including but not | 17 | | limited to legal fees, court costs,
private | 18 | | investigator fees, and travel costs.
| 19 | | (14) Prohibition of entry. Prohibit the respondent | 20 | | from entering or
remaining in the residence or household | 21 | | while the respondent is under the
influence of alcohol or | 22 | | drugs and constitutes a threat to the safety and
well-being | 23 | | of the petitioner or the petitioner's children.
| 24 | | (14.5) Prohibition of firearm possession.
| 25 | | (a) When a complaint is made
under a request for an | 26 | | order of protection, that the respondent has |
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| 1 | | threatened
or is likely to use firearms illegally | 2 | | against the petitioner, the court shall examine on oath | 3 | | the petitioner, and any witnesses who
may be produced. | 4 | | If the court is satisfied that there is any danger of | 5 | | the
illegal use of firearms, and the respondent is | 6 | | present in court, it shall issue an order that any | 7 | | firearms and any Firearm Owner's Identification Card | 8 | | in the
possession of the respondent, except as provided | 9 | | in subsection (b), be turned
over to the local law | 10 | | enforcement agency
for safekeeping. If the court is | 11 | | satisfied that there is any danger of the illegal use | 12 | | of firearms, and if the respondent is not present in | 13 | | court, the court shall
issue a warrant for seizure of | 14 | | any firearm and Firearm Owner's Identification Card in | 15 | | the possession of the respondent, to be kept by the | 16 | | local law enforcement agency for safekeeping, except | 17 | | as provided in subsection (b).
The period of | 18 | | safekeeping shall be for a stated period of time not to | 19 | | exceed 2
years. The firearm or firearms and Firearm | 20 | | Owner's Identification Card shall be returned to the | 21 | | respondent at the end
of the stated period or at | 22 | | expiration of the order of protection, whichever is
| 23 | | sooner.
| 24 | | (b) If the respondent is a peace officer as defined | 25 | | in Section 2-13 of
the
Criminal Code of 1961, the court | 26 | | shall order that any firearms used by the
respondent in |
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| 1 | | the performance of his or her duties as a
peace officer | 2 | | be surrendered to
the chief law enforcement executive | 3 | | of the agency in which the respondent is
employed, who | 4 | | shall retain the firearms for safekeeping for the | 5 | | stated period
not to exceed 2 years as set forth in the | 6 | | court order.
| 7 | | (c) Upon expiration of the period of safekeeping, | 8 | | if the firearms or Firearm Owner's Identification Card | 9 | | cannot be returned to respondent because respondent | 10 | | cannot be located, fails to respond to requests to | 11 | | retrieve the firearms, or is not lawfully eligible to | 12 | | possess a firearm, upon petition from the local law | 13 | | enforcement agency, the court may order the local law | 14 | | enforcement agency to destroy the firearms, use the | 15 | | firearms for training purposes, or for any other | 16 | | application as deemed appropriate by the local law | 17 | | enforcement agency; or that the firearms be turned over | 18 | | to a third party who is lawfully eligible to possess | 19 | | firearms, and who does not reside with respondent.
| 20 | | (15) Prohibition of access to records. If an order of | 21 | | protection
prohibits respondent from having contact with | 22 | | the minor child,
or if petitioner's address is omitted | 23 | | under subsection (b) of
Section 203, or if necessary to | 24 | | prevent abuse or wrongful removal or
concealment of a minor | 25 | | child, the order shall deny respondent access to, and
| 26 | | prohibit respondent from inspecting, obtaining, or |
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| 1 | | attempting to
inspect or obtain, school or any other | 2 | | records of the minor child
who is in the care of | 3 | | petitioner.
| 4 | | (16) Order for payment of shelter services. Order | 5 | | respondent to
reimburse a shelter providing temporary | 6 | | housing and counseling services to
the petitioner for the | 7 | | cost of the services, as certified by the shelter
and | 8 | | deemed reasonable by the court.
| 9 | | (17) Order for injunctive relief. Enter injunctive | 10 | | relief necessary
or appropriate to prevent further abuse of | 11 | | a family or household member
or further abuse, neglect, or | 12 | | exploitation of a high-risk adult with
disabilities or to | 13 | | effectuate one of the granted remedies, if supported by the
| 14 | | balance of hardships. If the harm to be prevented by the | 15 | | injunction is abuse
or any other harm that one of the | 16 | | remedies listed in paragraphs (1) through
(16) of this | 17 | | subsection is designed to prevent, no further evidence is
| 18 | | necessary that the harm is an irreparable injury.
| 19 | | (c) Relevant factors; findings.
| 20 | | (1) In determining whether to grant a specific remedy, | 21 | | other than
payment of support, the court shall consider
| 22 | | relevant factors, including but not limited to the | 23 | | following:
| 24 | | (i) the nature, frequency, severity, pattern and | 25 | | consequences of the
respondent's past abuse, neglect | 26 | | or exploitation of the petitioner or
any family or |
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| 1 | | household member, including the concealment of his or | 2 | | her
location in order to evade service of process or | 3 | | notice, and the likelihood of
danger of future abuse, | 4 | | neglect, or exploitation to petitioner or any member of
| 5 | | petitioner's or respondent's family or household; and
| 6 | | (ii) the danger that any minor child will be abused | 7 | | or neglected or
improperly removed from the | 8 | | jurisdiction, improperly concealed within the
State or | 9 | | improperly separated from the child's primary | 10 | | caretaker.
| 11 | | (2) In comparing relative hardships resulting to the | 12 | | parties from loss
of possession of the family home, the | 13 | | court shall consider relevant
factors, including but not | 14 | | limited to the following:
| 15 | | (i) availability, accessibility, cost, safety, | 16 | | adequacy, location and
other characteristics of | 17 | | alternate housing for each party and any minor child
or | 18 | | dependent adult in the party's care;
| 19 | | (ii) the effect on the party's employment; and
| 20 | | (iii) the effect on the relationship of the party, | 21 | | and any minor
child or dependent adult in the party's | 22 | | care, to family, school, church
and community.
| 23 | | (3) Subject to the exceptions set forth in paragraph | 24 | | (4) of this
subsection, the court shall make its findings | 25 | | in an official record or in
writing, and shall at a minimum | 26 | | set forth the following:
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| 1 | | (i) That the court has considered the applicable | 2 | | relevant factors
described in paragraphs (1) and (2) of | 3 | | this subsection.
| 4 | | (ii) Whether the conduct or actions of respondent, | 5 | | unless
prohibited, will likely cause irreparable harm | 6 | | or continued abuse.
| 7 | | (iii) Whether it is necessary to grant the | 8 | | requested relief in order
to protect petitioner or | 9 | | other alleged abused persons.
| 10 | | (4) For purposes of issuing an ex parte emergency order | 11 | | of protection,
the court, as an alternative to or as a | 12 | | supplement to making the findings
described in paragraphs | 13 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 14 | | the following procedure:
| 15 | | When a verified petition for an emergency order of | 16 | | protection in
accordance with the requirements of Sections | 17 | | 203 and 217 is
presented to the court, the court shall | 18 | | examine petitioner on oath or
affirmation. An emergency | 19 | | order of protection shall be issued by the court
if it | 20 | | appears from the contents of the petition and the | 21 | | examination of
petitioner that the averments are | 22 | | sufficient to indicate abuse by
respondent and to support | 23 | | the granting of relief under the issuance of the
emergency | 24 | | order of protection.
| 25 | | (5) Never married parties. No rights or | 26 | | responsibilities for a minor
child born outside of marriage |
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| 1 | | attach to a putative father until a father and
child | 2 | | relationship has been established under the Illinois | 3 | | Parentage Act of
1984, the Illinois Public Aid Code, | 4 | | Section 12 of the Vital Records Act, the
Juvenile Court Act | 5 | | of 1987, the Probate Act of 1985, the Revised Uniform
| 6 | | Reciprocal Enforcement of Support Act, the Uniform | 7 | | Interstate Family Support
Act, the Expedited Child Support | 8 | | Act of 1990, any judicial, administrative, or
other act of | 9 | | another state or territory, any other Illinois statute, or | 10 | | by any
foreign nation establishing the father and child | 11 | | relationship, any other
proceeding substantially in | 12 | | conformity with the Personal Responsibility and
Work | 13 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 14 | | or where both
parties appeared in open court or at an | 15 | | administrative hearing acknowledging
under
oath or | 16 | | admitting by affirmation the existence of a father and | 17 | | child
relationship.
Absent such an adjudication, finding, | 18 | | or acknowledgement, no putative
father shall be granted
| 19 | | temporary custody of the minor child, visitation with the | 20 | | minor child, or
physical care and possession of the minor | 21 | | child, nor shall an order of payment
for support of the | 22 | | minor child be entered.
| 23 | | (d) Balance of hardships; findings. If the court finds that | 24 | | the balance
of hardships does not support the granting of a | 25 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 26 | | subsection (b) of this Section,
which may require such |
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| 1 | | balancing, the court's findings shall so
indicate and shall | 2 | | include a finding as to whether granting the remedy will
result | 3 | | in hardship to respondent that would substantially outweigh the | 4 | | hardship
to petitioner from denial of the remedy. The findings | 5 | | shall be an official
record or in writing.
| 6 | | (e) Denial of remedies. Denial of any remedy shall not be | 7 | | based, in
whole or in part, on evidence that:
| 8 | | (1) Respondent has cause for any use of force, unless | 9 | | that cause
satisfies the standards for justifiable use of | 10 | | force provided by Article
VII of the Criminal Code of 1961;
| 11 | | (2) Respondent was voluntarily intoxicated;
| 12 | | (3) Petitioner acted in self-defense or defense of | 13 | | another, provided
that, if petitioner utilized force, such | 14 | | force was justifiable under
Article VII of the Criminal | 15 | | Code of 1961;
| 16 | | (4) Petitioner did not act in self-defense or defense | 17 | | of another;
| 18 | | (5) Petitioner left the residence or household to avoid | 19 | | further abuse,
neglect, or exploitation by respondent;
| 20 | | (6) Petitioner did not leave the residence or household | 21 | | to avoid further
abuse, neglect, or exploitation by | 22 | | respondent;
| 23 | | (7) Conduct by any family or household member excused | 24 | | the abuse,
neglect, or exploitation by respondent, unless | 25 | | that same conduct would have
excused such abuse, neglect, | 26 | | or exploitation if the parties had not been
family or |
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| 1 | | household members.
| 2 | | (Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, | 3 | | eff. 1-1-10; 96-1239, eff. 1-1-11.)
| 4 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| 5 | | Sec. 223. Enforcement of orders of protection.
| 6 | | (a) When violation is crime. A violation of any order of | 7 | | protection,
whether issued in a civil or criminal proceeding, | 8 | | shall be enforced
by a
criminal court when:
| 9 | | (1) The respondent commits the crime of violation of an | 10 | | order of
protection pursuant to Section 12-30 of the | 11 | | Criminal Code of
1961, by
having knowingly violated:
| 12 | | (i) remedies described in paragraphs (1), (2), | 13 | | (3), (14),
or (14.5) of
subsection (b) of Section 214 | 14 | | of this Act; or
| 15 | | (ii) a remedy, which is substantially similar to | 16 | | the remedies
authorized under paragraphs (1), (2), | 17 | | (3), (14), and (14.5) of subsection (b)
of Section 214 | 18 | | of this Act, in a valid order of protection which is | 19 | | authorized
under the laws of another state, tribe, or | 20 | | United States territory; or
| 21 | | (iii) any other remedy when the act
constitutes a | 22 | | crime against the protected parties as defined by the
| 23 | | Criminal Code of 1961.
| 24 | | Prosecution for a violation of an order of
protection | 25 | | shall not bar concurrent prosecution for any other crime,
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| 1 | | including any crime that may have been committed at the | 2 | | time of the
violation of the order of protection; or
| 3 | | (2) The respondent commits the crime of child abduction | 4 | | pursuant
to Section 10-5 of the Criminal Code of 1961, by | 5 | | having knowingly violated:
| 6 | | (i) remedies described in paragraphs (5), (6) or | 7 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 8 | | (ii) a remedy, which is substantially similar to | 9 | | the remedies
authorized under paragraphs (5), (6), or | 10 | | (8) of subsection (b) of Section 214
of this Act, in a | 11 | | valid order of protection which is authorized under the | 12 | | laws
of another state, tribe, or United States | 13 | | territory.
| 14 | | (b) When violation is contempt of court. A violation of any | 15 | | valid
Illinois order of protection, whether issued in a civil | 16 | | or criminal
proceeding, may be enforced through civil or | 17 | | criminal contempt procedures,
as appropriate, by any court with | 18 | | jurisdiction, regardless where the act or
acts which violated | 19 | | the order of protection were committed, to the extent
| 20 | | consistent with the venue provisions of this Act. Nothing in | 21 | | this Act
shall preclude any Illinois court from enforcing any | 22 | | valid order of
protection issued in another state. Illinois | 23 | | courts may enforce orders of
protection through both criminal | 24 | | prosecution and contempt proceedings,
unless the action which | 25 | | is second in time is barred by collateral estoppel
or the | 26 | | constitutional prohibition against double jeopardy.
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| 1 | | (1) In a contempt proceeding where the petition for a | 2 | | rule to show
cause sets forth facts evidencing an immediate | 3 | | danger that the
respondent will flee the jurisdiction, | 4 | | conceal a child, or inflict physical
abuse on the | 5 | | petitioner or minor children or on dependent adults in
| 6 | | petitioner's care, the court may order the
attachment of | 7 | | the respondent without prior service of the rule to show
| 8 | | cause or the petition for a rule to show cause. Bond shall | 9 | | be set unless
specifically denied in writing.
| 10 | | (2) A petition for a rule to show cause for violation | 11 | | of an order of
protection shall be treated as an expedited | 12 | | proceeding.
| 13 | | (b-1) The court shall not hold a school district or any of | 14 | | its employees in civil or criminal contempt unless the school | 15 | | district has been allowed to intervene. | 16 | | (b-2) The court may hold the parents, guardian or legal | 17 | | custodian of a minor respondent in civil or criminal contempt | 18 | | for a violation of any provision of any order entered under | 19 | | this Act for conduct of the minor respondent in violation of | 20 | | this Act if the
parents, guardian or legal custodian directed, | 21 | | encouraged, or assisted the respondent minor in such conduct. | 22 | | (c) Violation of custody or support orders. A violation of | 23 | | remedies
described in paragraphs (5), (6), (8), or (9) of | 24 | | subsection (b) of Section
214 of this Act may be enforced by | 25 | | any remedy provided by Section 611 of
the Illinois Marriage and | 26 | | Dissolution of Marriage Act. The court may
enforce any order |
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| 1 | | for support issued under paragraph (12) of subsection (b)
of | 2 | | Section 214 in the manner provided for under Parts V and VII of | 3 | | the
Illinois Marriage and Dissolution of Marriage Act.
| 4 | | (d) Actual knowledge. An order of protection may be | 5 | | enforced pursuant to
this Section if the respondent violates | 6 | | the order after the
respondent has
actual knowledge of its | 7 | | contents as shown through one of the following means:
| 8 | | (1) By service, delivery, or notice under Section 210.
| 9 | | (2) By notice under Section 210.1 or 211.
| 10 | | (3) By service of an order of protection under Section | 11 | | 222.
| 12 | | (4) By other means demonstrating actual knowledge of | 13 | | the contents of the
order.
| 14 | | (e) The enforcement of an order of protection in civil or | 15 | | criminal court
shall not be affected by either of the | 16 | | following:
| 17 | | (1) The existence of a separate, correlative order, | 18 | | entered under Section
215.
| 19 | | (2) Any finding or order entered in a conjoined | 20 | | criminal proceeding.
| 21 | | (f) Circumstances. The court, when determining whether or | 22 | | not a
violation of an order of protection has occurred, shall | 23 | | not require
physical manifestations of abuse on the person of | 24 | | the victim.
| 25 | | (g) Penalties.
| 26 | | (1) Except as provided in paragraph (3) of this
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| 1 | | subsection, where the court finds the commission of a crime | 2 | | or contempt of
court under subsections (a) or (b) of this | 3 | | Section, the penalty shall be
the penalty that generally | 4 | | applies in such criminal or contempt
proceedings, and may | 5 | | include one or more of the following: incarceration,
| 6 | | payment of restitution, a fine, payment of attorneys' fees | 7 | | and costs, or
community service.
| 8 | | (2) The court shall hear and take into account evidence | 9 | | of any factors
in aggravation or mitigation before deciding | 10 | | an appropriate penalty under
paragraph (1) of this | 11 | | subsection.
| 12 | | (3) To the extent permitted by law, the court is | 13 | | encouraged to:
| 14 | | (i) increase the penalty for the knowing violation | 15 | | of
any order of protection over any penalty previously | 16 | | imposed by any court
for respondent's violation of any | 17 | | order of protection or penal statute
involving | 18 | | petitioner as victim and respondent as defendant;
| 19 | | (ii) impose a minimum penalty of 24 hours | 20 | | imprisonment for respondent's
first violation of any | 21 | | order of protection; and
| 22 | | (iii) impose a minimum penalty of 48 hours | 23 | | imprisonment for
respondent's second or subsequent | 24 | | violation of an order of protection
| 25 | | unless the court explicitly finds that an increased penalty | 26 | | or that
period of imprisonment would be manifestly unjust.
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| 1 | | (4) In addition to any other penalties imposed for a | 2 | | violation of an
order of protection, a criminal court may | 3 | | consider evidence of any
violations of an order of | 4 | | protection:
| 5 | | (i) to increase, revoke or modify the bail bond on | 6 | | an underlying
criminal charge pursuant to Section | 7 | | 110-6 of the Code of Criminal Procedure
of 1963;
| 8 | | (ii) to revoke or modify an order of probation, | 9 | | conditional discharge or
supervision, pursuant to | 10 | | Section 5-6-4 of the Unified Code of Corrections;
| 11 | | (iii) to revoke or modify a sentence of periodic | 12 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 13 | | Code of Corrections.
| 14 | | (5) In addition to any other penalties, the court shall | 15 | | impose an
additional fine of $20 as authorized by Section | 16 | | 5-9-1.11 of the Unified Code of
Corrections upon any person | 17 | | convicted of or placed on supervision for a
violation of an | 18 | | order of protection.
The additional fine shall be imposed | 19 | | for each violation of this Section.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07.)".
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