Full Text of HB0734 102nd General Assembly
HB0734 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0734 Introduced 2/8/2021, by Rep. Dave Vella SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-20 | from Ch. 38, par. 112A-20 |
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Amends the Code of Criminal Procedure of 1963. Provides that the duration of a civil no contact order is permanent if a judgment of conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse is entered.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112A-20 as follows:
| 6 | | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| 7 | | Sec. 112A-20. Duration and extension of final protective | 8 | | orders.
| 9 | | (a) (Blank).
| 10 | | (b) A final protective order shall remain in effect as | 11 | | follows:
| 12 | | (1) if entered during pre-trial release, until | 13 | | disposition, withdrawal,
or dismissal of the underlying | 14 | | charge; if, however, the case is continued as an
| 15 | | independent cause of action, the order's duration may be | 16 | | for a fixed period
of time not to exceed 2 years;
| 17 | | (2) if in effect in conjunction with a bond forfeiture | 18 | | warrant, until
final disposition or an additional period
| 19 | | of time not
exceeding 2 years; no domestic violence order | 20 | | of
protection, however, shall be terminated by a dismissal | 21 | | that is accompanied
by the issuance of a bond forfeiture | 22 | | warrant;
| 23 | | (3) until 2 years after the expiration of any |
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| 1 | | supervision, conditional discharge,
probation, periodic | 2 | | imprisonment, parole, aftercare release, or mandatory | 3 | | supervised release for domestic violence orders of | 4 | | protection and civil no contact orders; or
| 5 | | (4) until 2 years after the date set by the court for | 6 | | expiration of any sentence of
imprisonment and subsequent | 7 | | parole, aftercare release, or mandatory supervised release
| 8 | | for domestic violence orders of protection and civil no | 9 | | contact orders; and
| 10 | | (5) permanent for a stalking no contact order if a | 11 | | judgment of conviction for stalking is entered ; and . | 12 | | (6) permanent for a civil no contact order if a | 13 | | judgment of conviction for criminal sexual assault, | 14 | | aggravated criminal sexual assault, criminal sexual abuse, | 15 | | or aggravated criminal sexual abuse is entered. | 16 | | (c) Computation of time. The duration of a domestic | 17 | | violence order of protection shall
not be reduced by the | 18 | | duration of any prior domestic violence order of protection.
| 19 | | (d) Law enforcement records. When a protective order | 20 | | expires
upon the occurrence of a specified event, rather than | 21 | | upon a specified date
as provided in subsection (b), no | 22 | | expiration date shall be entered in
Department of State Police | 23 | | records. To remove the protective order from
those records, | 24 | | either the petitioner or the respondent shall request the | 25 | | clerk of the court to file a
certified copy of an order stating | 26 | | that the specified event has occurred or
that the protective |
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| 1 | | order has been vacated or modified with the sheriff, and the
| 2 | | sheriff shall direct that law enforcement records shall be | 3 | | promptly
corrected in accordance with the filed order.
| 4 | | (e) Extension of Orders. Any domestic violence order of
| 5 | | protection or civil no contact order that expires 2 years | 6 | | after the expiration of the defendant's sentence under | 7 | | paragraph (2), (3), or (4) of subsection (b) of Section | 8 | | 112A-20 of this Article may be extended one or more times, as | 9 | | required. The petitioner, petitioner's counsel, or the State's | 10 | | Attorney on the petitioner's behalf shall file the motion for | 11 | | an extension of the final protective order in the criminal | 12 | | case and serve the motion in accordance with Supreme Court | 13 | | Rules 11 and 12. The court shall transfer the motion to the | 14 | | appropriate court or division for consideration under | 15 | | subsection (e) of Section 220 of the Illinois Domestic | 16 | | Violence Act of 1986, subsection (c) of Section 216 of the | 17 | | Civil No Contact Order Act, or subsection (c) of Section 105 of | 18 | | the Stalking No Contact Order as appropriate.
| 19 | | (f) Termination date. Any final protective order which | 20 | | would expire on a
court holiday shall instead expire at the | 21 | | close of the next court business day.
| 22 | | (g) Statement of purpose. The practice of dismissing or | 23 | | suspending a
criminal prosecution in exchange for issuing a | 24 | | protective order
undermines the purposes of this Article. This | 25 | | Section shall not be
construed as encouraging that practice.
| 26 | | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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