Full Text of HB0280 103rd General Assembly
HB0280ham002 103RD GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 4/15/2024 | | 10300HB0280ham002 | | LRB103 03806 RLC 72298 a |
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| 1 | | AMENDMENT TO HOUSE BILL 280
| 2 | | AMENDMENT NO. ______. Amend House Bill 280 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Section 6b-4 as follows: | 6 | | (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4) | 7 | | Sec. 6b-4. On the second Monday of every month, the | 8 | | Director of Public Health shall certify to the State | 9 | | Comptroller and the State Treasurer the amount generated by | 10 | | the issuance of commemorative birth certificates under | 11 | | subsection (14) of Section 25 of the Vital Records Act in | 12 | | excess of the costs incurred in issuing the documents. Within | 13 | | 15 days of receipt of the certification required by this | 14 | | Section, the State Comptroller and the State Treasurer shall | 15 | | transfer from the General Revenue Fund, one-half of the amount | 16 | | certified as being received from the issuance of commemorative |
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| 1 | | birth certificates to the Child Abuse Prevention Fund and | 2 | | one-half of the amount to the Domestic Violence Shelter and | 3 | | Service Fund. | 4 | | The State Treasurer shall deposit into the Domestic | 5 | | Violence Shelter and Service Fund each assessment received | 6 | | under the Criminal and Traffic Assessment Act. | 7 | | In addition to any other amounts deposited into the | 8 | | Domestic Violence Shelter and Service Fund, the State | 9 | | Treasurer shall deposit into the Fund all moneys donated to | 10 | | the State by private individuals or entities for purposes for | 11 | | which moneys in the Fund may be used as provided in this | 12 | | paragraph. Subject to appropriation, the Department of Human | 13 | | Services shall use moneys in the Fund to make grants to defray | 14 | | the reasonable and necessary travel expenses of victims of | 15 | | domestic violence who were members of the United States Armed | 16 | | Forces when the domestic violence occurred and who have been | 17 | | discharged from the United States Armed Forces to participate | 18 | | and travel to domestic violence proceedings. Military | 19 | | personnel may qualify for and have access to moneys from the | 20 | | Fund for the purposes set forth in this paragraph. The | 21 | | Department shall adopt rules necessary for making grants under | 22 | | this paragraph. County Veterans Assistance Commissions and | 23 | | organizations described in Section 501(c)(19) of the Internal | 24 | | Revenue Code of 1986 may receive grants under this paragraph. | 25 | | The State Treasurer shall deposit into the Sexual Assault | 26 | | Services Fund and the Domestic Violence Shelter and Service |
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| 1 | | Fund each of those fines received from circuit clerks under | 2 | | Section 5-9-1.7 of the Unified Code of Corrections in | 3 | | accordance with the provisions of that Section. | 4 | | (Source: P.A. 100-987, eff. 7-1-19 .) | 5 | | Section 10. The Code of Criminal Procedure of 1963 is | 6 | | amended by changing Sections 112A-6.1 and 112A-23 as follows: | 7 | | (725 ILCS 5/112A-6.1) | 8 | | Sec. 112A-6.1. Application of rules of civil procedure; | 9 | | criminal law. | 10 | | (a) Any proceeding to obtain, modify, re-open, or appeal a | 11 | | protective order and service of pleadings and notices shall be | 12 | | governed by the rules of civil procedure of this State. The | 13 | | Code of Civil Procedure and Supreme Court and local court | 14 | | rules applicable to civil proceedings shall apply, except as | 15 | | otherwise provided by law. Civil law on venue, discovery, and | 16 | | penalties for untrue statements shall not apply to protective | 17 | | order proceedings heard under this Article. | 18 | | (b) Criminal law on discovery, venue, and penalties for | 19 | | untrue statements apply to protective order proceedings under | 20 | | this Article. | 21 | | (c) Court proceedings related to the entry of a protective | 22 | | order and the determination of remedies shall not be used to | 23 | | obtain discovery that would not otherwise be available in a | 24 | | criminal prosecution or juvenile delinquency case. |
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| 1 | | (c) The Supreme Court of Illinois may adopt rules that | 2 | | promote the use of attorneys serving on a pro bono basis to | 3 | | represent victims under this Article. | 4 | | (Source: P.A. 100-597, eff. 6-29-18.) | 5 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) | 6 | | Sec. 112A-23. Enforcement of protective orders. | 7 | | (a) When violation is crime. A violation of any protective | 8 | | order, whether issued in a civil, quasi-criminal proceeding or | 9 | | by a military judge or by a military commander of the United | 10 | | States Armed Forces , shall be enforced by a criminal court | 11 | | when: | 12 | | (1) The respondent commits the crime of violation of a | 13 | | domestic violence order of protection pursuant to Section | 14 | | 12-3.4 or 12-30 of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, by having knowingly violated: | 16 | | (i) remedies described in paragraph (1), (2), (3), | 17 | | (14), or (14.5) of subsection (b) of Section 112A-14 | 18 | | of this Code, | 19 | | (ii) a remedy, which is substantially similar to | 20 | | the remedies authorized under paragraph (1), (2), (3), | 21 | | (14), or (14.5) of subsection (b) of Section 214 of the | 22 | | Illinois Domestic Violence Act of 1986, in a valid | 23 | | order of protection, which is authorized under the | 24 | | laws of another state, tribe, or United States | 25 | | territory, or |
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| 1 | | (iii) any other remedy when the act constitutes a | 2 | | crime against the protected parties as defined by the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012. | 4 | | Prosecution for a violation of a domestic violence | 5 | | order of protection shall not bar concurrent prosecution | 6 | | for any other crime, including any crime that may have | 7 | | been committed at the time of the violation of the | 8 | | domestic violence order of protection; or | 9 | | (2) The respondent commits the crime of child | 10 | | abduction pursuant to Section 10-5 of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012, by having knowingly | 12 | | violated: | 13 | | (i) remedies described in paragraph (5), (6), or | 14 | | (8) of subsection (b) of Section 112A-14 of this Code, | 15 | | or | 16 | | (ii) a remedy, which is substantially similar to | 17 | | the remedies authorized under paragraph (1), (5), (6), | 18 | | or (8) of subsection (b) of Section 214 of the Illinois | 19 | | Domestic Violence Act of 1986, in a valid domestic | 20 | | violence order of protection, which is authorized | 21 | | under the laws of another state, tribe, or United | 22 | | States territory. | 23 | | (3) The respondent commits the crime of violation of a | 24 | | civil no contact order when the respondent violates | 25 | | Section 12-3.8 of the Criminal Code of 2012. Prosecution | 26 | | for a violation of a civil no contact order shall not bar |
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| 1 | | concurrent prosecution for any other crime, including any | 2 | | crime that may have been committed at the time of the | 3 | | violation of the civil no contact order. | 4 | | (4) The respondent commits the crime of violation of a | 5 | | stalking no contact order when the respondent violates | 6 | | Section 12-3.9 of the Criminal Code of 2012. Prosecution | 7 | | for a violation of a stalking no contact order shall not | 8 | | bar concurrent prosecution for any other crime, including | 9 | | any crime that may have been committed at the time of the | 10 | | violation of the stalking no contact order. | 11 | | (b) When violation is contempt of court. A violation of | 12 | | any valid protective order, whether issued in a civil or | 13 | | criminal proceeding or by a military judge or by a military | 14 | | commander of the United States Armed Forces , may be enforced | 15 | | through civil or criminal contempt procedures, as appropriate, | 16 | | by any court with jurisdiction, regardless where the act or | 17 | | acts which violated the protective order were committed, to | 18 | | the extent consistent with the venue provisions of this | 19 | | Article. Nothing in this Article shall preclude any Illinois | 20 | | court from enforcing any valid protective order issued in | 21 | | another state. Illinois courts may enforce protective orders | 22 | | through both criminal prosecution and contempt proceedings, | 23 | | unless the action which is second in time is barred by | 24 | | collateral estoppel or the constitutional prohibition against | 25 | | double jeopardy. | 26 | | (1) In a contempt proceeding where the petition for a |
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| 1 | | rule to show cause sets forth facts evidencing an | 2 | | immediate danger that the respondent will flee the | 3 | | jurisdiction, conceal a child, or inflict physical abuse | 4 | | on the petitioner or minor children or on dependent adults | 5 | | in petitioner's care, the court may order the attachment | 6 | | of the respondent without prior service of the rule to | 7 | | show cause or the petition for a rule to show cause. Bond | 8 | | shall be set unless specifically denied in writing. | 9 | | (2) A petition for a rule to show cause for violation | 10 | | of a protective order shall be treated as an expedited | 11 | | proceeding. | 12 | | (c) Violation of custody, allocation of parental | 13 | | responsibility, or support orders. A violation of remedies | 14 | | described in paragraph (5), (6), (8), or (9) of subsection (b) | 15 | | of Section 112A-14 of this Code may be enforced by any remedy | 16 | | provided by Section 607.5 of the Illinois Marriage and | 17 | | Dissolution of Marriage Act. The court may enforce any order | 18 | | for support issued under paragraph (12) of subsection (b) of | 19 | | Section 112A-14 of this Code in the manner provided for under | 20 | | Parts V and VII of the Illinois Marriage and Dissolution of | 21 | | Marriage Act. | 22 | | (d) Actual knowledge. A protective order may be enforced | 23 | | pursuant to this Section if the respondent violates the order | 24 | | after the respondent has actual knowledge of its contents as | 25 | | shown through one of the following means: | 26 | | (1) (Blank). |
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| 1 | | (2) (Blank). | 2 | | (3) By service of a protective order under subsection | 3 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code. | 4 | | (4) By other means demonstrating actual knowledge of | 5 | | the contents of the order. | 6 | | (e) The enforcement of a protective 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 112A-15 of this Code. | 11 | | (2) Any finding or order entered in a conjoined | 12 | | criminal proceeding. | 13 | | (e-5) If a civil no contact order entered under subsection | 14 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 15 | | 1963 conflicts with an order issued pursuant to the Juvenile | 16 | | Court Act of 1987 or the Illinois Marriage and Dissolution of | 17 | | Marriage Act, the conflicting order issued under subsection | 18 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 19 | | 1963 shall be void. | 20 | | (f) Circumstances. The court, when determining whether or | 21 | | not a violation of a protective order has occurred, shall not | 22 | | require physical manifestations of abuse on the person of the | 23 | | victim. | 24 | | (g) Penalties. | 25 | | (1) Except as provided in paragraph (3) of this | 26 | | subsection (g), where the court finds the commission of a |
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| 1 | | crime or contempt of court under subsection (a) or (b) of | 2 | | this Section, the penalty shall be the penalty that | 3 | | generally applies in such criminal or contempt | 4 | | proceedings, and may include one or more of the following: | 5 | | incarceration, payment of restitution, a fine, payment of | 6 | | attorneys' fees and costs, or community service. | 7 | | (2) The court shall hear and take into account | 8 | | evidence of any factors in aggravation or mitigation | 9 | | before deciding an appropriate penalty under paragraph (1) | 10 | | of this subsection (g). | 11 | | (3) To the extent permitted by law, the court is | 12 | | encouraged to: | 13 | | (i) increase the penalty for the knowing violation | 14 | | of any protective order over any penalty previously | 15 | | imposed by any court for respondent's violation of any | 16 | | protective order or penal statute involving petitioner | 17 | | as victim and respondent as defendant; | 18 | | (ii) impose a minimum penalty of 24 hours | 19 | | imprisonment for respondent's first violation of any | 20 | | protective order; and | 21 | | (iii) impose a minimum penalty of 48 hours | 22 | | imprisonment for respondent's second or subsequent | 23 | | violation of a protective order | 24 | | unless the court explicitly finds that an increased | 25 | | penalty or that period of imprisonment would be manifestly | 26 | | unjust. |
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| 1 | | (4) In addition to any other penalties imposed for a | 2 | | violation of a protective order, a criminal court may | 3 | | consider evidence of any violations of a protective order: | 4 | | (i) to modify the conditions of pretrial release | 5 | | on an underlying criminal charge pursuant to Section | 6 | | 110-6 of this Code; | 7 | | (ii) to revoke or modify an order of probation, | 8 | | conditional discharge, or supervision, pursuant to | 9 | | Section 5-6-4 of the Unified Code of Corrections; | 10 | | (iii) to revoke or modify a sentence of periodic | 11 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 12 | | Code of Corrections. | 13 | | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; | 14 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. | 15 | | 7-28-23.) | 16 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 17 | | amended by changing Sections 205 and 222.5 as follows: | 18 | | (750 ILCS 60/205) (from Ch. 40, par. 2312-5) | 19 | | Sec. 205. Application of rules of civil procedure; | 20 | | Domestic abuse advocates. | 21 | | (a) Any proceeding to obtain, modify, reopen or appeal an | 22 | | order of protection, whether commenced alone or in conjunction | 23 | | with a civil or criminal proceeding, shall be governed by the | 24 | | rules of civil procedure of this State. The standard of proof |
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| 1 | | in such a proceeding is proof by a preponderance of the | 2 | | evidence, whether the proceeding is heard in criminal or civil | 3 | | court. The Code of Civil Procedure and Supreme Court and local | 4 | | court rules applicable to civil proceedings, as now or | 5 | | hereafter amended, shall apply, except as otherwise provided | 6 | | by this law. | 7 | | (b) (1) In all circuit court proceedings under this Act, | 8 | | domestic abuse advocates shall be allowed to attend and sit at | 9 | | counsel table and confer with the victim, unless otherwise | 10 | | directed by the court. | 11 | | (2) In criminal proceedings in circuit courts, domestic | 12 | | abuse advocates shall be allowed to accompany the victim and | 13 | | confer with the victim, unless otherwise directed by the | 14 | | court. | 15 | | (3) Court administrators shall allow domestic abuse | 16 | | advocates to assist victims of domestic violence in the | 17 | | preparation of petitions for orders of protection. | 18 | | (4) Domestic abuse advocates are not engaged in the | 19 | | unauthorized practice of law when providing assistance of the | 20 | | types specified in this subsection (b). | 21 | | (c) The Supreme Court of Illinois may adopt rules that | 22 | | promote the use of attorneys serving on a pro bono basis to | 23 | | represent victims under this Act. | 24 | | (Source: P.A. 87-1186; 87-1255; 88-45.) | 25 | | (750 ILCS 60/222.5) |
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| 1 | | Sec. 222.5. Filing of an order of protection issued in | 2 | | another state or other jurisdiction. | 3 | | (a) A person entitled to protection under an order of | 4 | | protection issued by the court of another state, tribe, or | 5 | | United States territory or military judge or by a military | 6 | | commander of the United States Armed Forces may file a | 7 | | certified copy of the order of protection with the clerk of the | 8 | | court in a judicial circuit in which the person believes that | 9 | | enforcement may be necessary. | 10 | | (a-5) The Illinois National Guard shall file a certified | 11 | | copy of any military order of protection with the clerk of the | 12 | | court in a judicial circuit in which the person entitled to | 13 | | protection resides or if the person entitled to protection is | 14 | | not a State resident, in a judicial circuit in which it is | 15 | | believed that enforcement may be necessary. | 16 | | (b) The clerk shall: | 17 | | (1) treat the foreign order of protection, including, | 18 | | but not limited to, an order of protection issued by a | 19 | | military judge or by a military commander of the United | 20 | | States Armed Forces , in the same manner as a judgment of | 21 | | the circuit court for any county of this State in | 22 | | accordance with the provisions of the Uniform Enforcement | 23 | | of Foreign Judgments Act, except that the clerk shall not | 24 | | mail notice of the filing of the foreign order to the | 25 | | respondent named in the order; and | 26 | | (2) on the same day that a foreign order of protection |
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| 1 | | is filed, file a certified copy of that order with the | 2 | | sheriff or other law enforcement officials charged with | 3 | | maintaining Illinois State Police records as set forth in | 4 | | Section 222 of this Act. | 5 | | (c) Neither residence in this State nor filing of a | 6 | | foreign order of protection, including, but not limited to, an | 7 | | order of protection issued by a military judge or by a military | 8 | | commander of the United States Armed Forces , shall be required | 9 | | for enforcement of the order by this State. Failure to file the | 10 | | foreign order shall not be an impediment to its treatment in | 11 | | all respects as an Illinois order of protection. | 12 | | (d) The clerk shall not charge a fee to file a foreign | 13 | | order of protection under this Section. | 14 | | (e) The sheriff shall inform the Illinois State Police as | 15 | | set forth in Section 302 of this Act. | 16 | | (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; | 17 | | 103-407, eff. 7-28-23.)". |
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