Full Text of HB3103 103rd General Assembly
HB3103 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3103 Introduced 2/17/2023, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-4.5 | | 740 ILCS 21/15 | | 740 ILCS 22/201 | | 740 ILCS 22/220 | |
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Amends the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act. Allows a petition for a stalking no contact order or civil no contact order to be filed: by a member of the Illinois National Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or by the Staff Judge Advocate of the Illinois National Guard or any reserve military component serving within the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and requires the petition to include a statement that the victim has consented to the Staff Judge Advocate filing the petition. Provides that nothing in the Civil No Contact Order Act precludes any Illinois court from enforcing a valid protective order issued by a military tribunal. Provides that a violation of a civil no contact order, when issued by a military tribunal, shall be enforced by a criminal court when the respondent commits the crime of violation of a civil no contact order. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil 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-4.5 as follows: | 6 | | (725 ILCS 5/112A-4.5) | 7 | | Sec. 112A-4.5. Who may file petition. | 8 | | (a) A petition for a domestic violence order of protection | 9 | | may be filed: | 10 | | (1) by a named victim
who
has been abused by a family | 11 | | or household member; | 12 | | (2) by any person or by the State's Attorney on behalf
| 13 | | of a named victim who is a minor child or an adult who has | 14 | | been
abused by a family or household
member and who, | 15 | | because of age, health, disability, or inaccessibility,
| 16 | | cannot file the petition; | 17 | | (3) by a State's Attorney on behalf of any minor child | 18 | | or dependent adult in the care of the named victim, if the | 19 | | named victim does not file a petition or request the | 20 | | State's Attorney file the petition; or | 21 | | (4) any of the following persons if the person is | 22 | | abused by a family or household member of a child: | 23 | | (i) a foster parent of that child if the child has |
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| 1 | | been placed in the foster parent's home by the | 2 | | Department of Children and Family Services or by | 3 | | another state's public child welfare agency; | 4 | | (ii) a legally appointed guardian or legally | 5 | | appointed custodian of that child; | 6 | | (iii) an adoptive parent of that child; | 7 | | (iv) a prospective adoptive parent of that child | 8 | | if the child has been placed in the prospective | 9 | | adoptive parent's home pursuant to the Adoption Act or | 10 | | pursuant to another state's law. | 11 | | For purposes of this paragraph (a)(4), individuals who | 12 | | would have been considered "family or household members" of | 13 | | the child under paragraph (3) of subsection (b) of Section | 14 | | 112A-3 before a termination of the parental rights with | 15 | | respect to the child continue to meet the definition of | 16 | | "family or household members" of the child. | 17 | | (b) A petition for a civil no contact order may be filed: | 18 | | (1) by any person who is a named victim of | 19 | | non-consensual
sexual conduct or non-consensual sexual | 20 | | penetration, including a single incident of non-consensual | 21 | | sexual conduct or non-consensual sexual penetration; | 22 | | (2) by a person or by the State's Attorney on behalf of | 23 | | a named victim who is a minor child or an
adult who is a | 24 | | victim of non-consensual sexual conduct or non-consensual | 25 | | sexual penetration but, because of age, disability, | 26 | | health, or inaccessibility, cannot file the petition; |
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| 1 | | (3) by a State's Attorney on behalf of any minor child | 2 | | who is a family or household member of the named victim, if | 3 | | the named victim does not file a petition or request the | 4 | | State's Attorney file the petition; | 5 | | (4) by a service member of the Illinois National Guard | 6 | | or any reserve military component serving within the State | 7 | | who is a victim of non-consensual sexual conduct who has | 8 | | also received a Military Protective Order; or | 9 | | (5) by the Staff Judge Advocate of the Illinois | 10 | | National Guard or any reserve military component serving | 11 | | in the State on behalf of a named victim who is a victim of | 12 | | non-consensual sexual conduct who has also received a | 13 | | Military Protective Order only after receiving consent | 14 | | from the victim, and the petition shall include a | 15 | | statement that the victim has consented to the Staff Judge | 16 | | Advocate filing the petition . | 17 | | (c) A petition for a stalking no contact order may be | 18 | | filed: | 19 | | (1) by any person who is a named victim of stalking; | 20 | | (2) by a person or by the State's Attorney on behalf of | 21 | | a named victim who is a minor child or an
adult who is a | 22 | | victim of stalking but, because of age, disability, | 23 | | health, or inaccessibility, cannot file the petition; | 24 | | (3) by a State's Attorney on behalf of any minor child | 25 | | who is a family or household member of the named victim, if | 26 | | the named victim does not file a petition or request the |
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| 1 | | State's Attorney file the petition; | 2 | | (4) by a service member of the Illinois National Guard | 3 | | or any reserve military component serving within the State | 4 | | who is a victim of non-consensual sexual conduct who has | 5 | | also received a Military Protective Order; or | 6 | | (5) by the Staff Judge Advocate of the Illinois | 7 | | National Guard or any reserve military component serving | 8 | | in the State on behalf of a named victim who is a victim of | 9 | | non-consensual sexual conduct who has also received a | 10 | | Military Protective Order only after receiving consent | 11 | | from the victim, and the petition shall include a | 12 | | statement that the victim has consented to the Staff Judge | 13 | | Advocate filing the petition . | 14 | | (d) The State's Attorney shall file a petition on behalf | 15 | | of any person who may file a petition under subsections (a), | 16 | | (b), or (c) of this Section if the person requests the State's | 17 | | Attorney to file a petition on the person's behalf, unless the | 18 | | State's Attorney has a good faith basis to delay filing the | 19 | | petition. The State's Attorney shall inform the person that | 20 | | the State's Attorney will not be filing the petition at that | 21 | | time and that the person may file a petition or may retain an | 22 | | attorney to file the petition. The State's Attorney may file | 23 | | the petition at a later date. | 24 | | (d-5) (1) A person eligible to file a petition under | 25 | | subsection (a), (b), or (c) of this Section may retain an | 26 | | attorney to represent the petitioner on the petitioner's |
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| 1 | | request for a protective order. The attorney's representation | 2 | | is limited to matters related to the petition and relief | 3 | | authorized under this Article. | 4 | | (2) Advocates shall be allowed to accompany the petitioner | 5 | | and confer with the victim, unless otherwise directed by the | 6 | | court. Advocates are not engaged in the unauthorized practice | 7 | | of law when providing assistance to the petitioner. | 8 | | (e) Any petition properly
filed under this Article may | 9 | | seek
protection for any additional persons protected by this | 10 | | Article.
| 11 | | (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.) | 12 | | Section 10. The Stalking No Contact Order Act is amended | 13 | | by changing Section 15 as follows: | 14 | | (740 ILCS 21/15) | 15 | | Sec. 15. Persons protected by this Act. A petition for a | 16 | | stalking no contact order may be filed when relief is not | 17 | | available to the petitioner under the Illinois Domestic | 18 | | Violence Act of 1986: | 19 | | (1) by any person who is a victim of stalking; | 20 | | (2) by a person on behalf of a minor child or an adult | 21 | | who is a victim of stalking but, because of age, | 22 | | disability, health, or inaccessibility, cannot file the | 23 | | petition; | 24 | | (3) by an authorized agent of a workplace; |
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| 1 | | (4) by an authorized agent of a place of worship; or | 2 | | (5) by an authorized agent of a school ; | 3 | | (6) by a service member of the Illinois National Guard | 4 | | or any reserve military component serving within the State | 5 | | who is a victim of non-consensual sexual conduct who has | 6 | | also received a Military Protective Order; or | 7 | | (7) by the Staff Judge Advocate of the Illinois | 8 | | National Guard or any reserve military component serving | 9 | | within the State on behalf of a named victim who is a | 10 | | victim of non-consensual sexual conduct who has also | 11 | | received a Military Protective Order only after receiving | 12 | | consent from the victim, and the petition shall include a | 13 | | statement that the victim has consented to the Staff Judge | 14 | | Advocate filing the petition .
| 15 | | (Source: P.A. 100-1000, eff. 1-1-19 .) | 16 | | Section 15. The Civil No Contact Order Act is amended by | 17 | | changing Sections 201 and 220 as follows:
| 18 | | (740 ILCS 22/201)
| 19 | | Sec. 201. Persons protected by this Act. | 20 | | (a) The following persons are protected by this Act: | 21 | | (1) any victim of non-consensual sexual conduct or | 22 | | non-consensual sexual penetration on whose behalf the | 23 | | petition is brought; | 24 | | (2) any family or household member of the named |
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| 1 | | victim; and | 2 | | (3) any employee of or volunteer at a rape crisis | 3 | | center that is providing services to the petitioner or the | 4 | | petitioner's family or household member ; and . | 5 | | (4) any service member of the Illinois National Guard | 6 | | or any reserve military component serving within the State | 7 | | who is a victim of non-consensual sexual conduct who has | 8 | | also received a Military Protective Order. | 9 | | (b) A petition for a civil no contact order may be filed:
| 10 | | (1) by any person who is a victim of non-consensual | 11 | | sexual conduct or
non-consensual sexual penetration, | 12 | | including a single incident of
non-consensual
sexual | 13 | | conduct or non-consensual sexual penetration;
| 14 | | (2) by a
person on behalf of a minor child or an adult | 15 | | who is a victim of
non-consensual sexual conduct or | 16 | | non-consensual sexual penetration but,
because of age, | 17 | | disability, health, or inaccessibility, cannot file the
| 18 | | petition; or | 19 | | (3) only after receiving consent from the victim, by | 20 | | any family or household member of a victim of | 21 | | non-consensual sexual conduct or non-consensual sexual | 22 | | penetration, and the petition shall include a statement | 23 | | that the victim has consented to the family or household | 24 | | member filing the petition ; .
| 25 | | (4) any service member of the Illinois National Guard | 26 | | or any reserve military component serving within the State |
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| 1 | | who is a victim of non-consensual sexual conduct who has | 2 | | also received a Military Protective Order; or | 3 | | (5) the Staff Judge Advocate of the Illinois National | 4 | | Guard or any reserve military component serving within the | 5 | | State on behalf of a named victim who is a victim of | 6 | | non-consensual sexual conduct who has also received a | 7 | | Military Protective Order only after receiving consent | 8 | | from the victim, and the petition shall include a | 9 | | statement that the victim has consented to the Staff Judge | 10 | | Advocate filing the petition. | 11 | | (Source: P.A. 102-198, eff. 1-1-22 .)
| 12 | | (740 ILCS 22/220) | 13 | | Sec. 220. Enforcement of a civil no contact order. | 14 | | (a) Nothing in this Act shall preclude any Illinois court | 15 | | from enforcing a valid protective order issued in another | 16 | | state or by a military tribunal . | 17 | | (b) Illinois courts may enforce civil no contact orders | 18 | | through both criminal proceedings and civil contempt | 19 | | proceedings, unless the action which is second in time is | 20 | | barred by collateral estoppel or the constitutional | 21 | | prohibition against double jeopardy. | 22 | | (b-1) The court shall not hold a school district or | 23 | | private or non-public school or any of its employees in civil | 24 | | or criminal contempt unless the school district or private or | 25 | | non-public school 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 | 6 | | directed, encouraged, or assisted the respondent minor in such | 7 | | conduct. | 8 | | (c) Criminal prosecution. A violation of any civil no | 9 | | contact order, whether issued in a civil or criminal | 10 | | proceeding or by a military tribunal , shall be enforced by a | 11 | | criminal court when the respondent commits the crime of | 12 | | violation of a civil no contact order pursuant to Section 219 | 13 | | by having knowingly violated: | 14 | | (1) remedies described in Section 213 and included in | 15 | | a civil no contact order; or | 16 | | (2) a provision of an order, which is substantially | 17 | | similar to provisions of Section 213, in a valid civil no | 18 | | contact order which is authorized under the laws of | 19 | | another state, tribe, or United States territory. | 20 | | Prosecution for a violation of a civil no contact order | 21 | | shall not bar a concurrent prosecution for any other crime, | 22 | | including any crime that may have been committed at the time of | 23 | | the violation of the civil no contact order. | 24 | | (d) Contempt of court. A violation of any valid Illinois | 25 | | civil no contact order, whether issued in a civil or criminal | 26 | | proceeding, may be enforced through civil or criminal contempt |
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| 1 | | procedures, as appropriate, by any court with jurisdiction, | 2 | | regardless of where the act or acts which violated the civil no | 3 | | contact order were committed, to the extent consistent with | 4 | | the venue provisions of this Act. | 5 | | (1) In a contempt proceeding where the petition for a | 6 | | rule to show cause or petition for adjudication of | 7 | | criminal contempt sets forth facts evidencing an immediate | 8 | | danger that the respondent will flee the jurisdiction or | 9 | | inflict physical abuse on the petitioner or minor children | 10 | | or on dependent adults in the petitioner's care, the court | 11 | | may order the attachment of the respondent without prior | 12 | | service of the petition for a rule to show cause, the rule | 13 | | to show cause, the petition for adjudication of criminal | 14 | | contempt or the adjudication of criminal contempt. | 15 | | Conditions of release shall be set unless specifically | 16 | | denied in writing. | 17 | | (2) A petition for a rule to show cause or a petition | 18 | | for adjudication of criminal contempt for violation of a | 19 | | civil no contact order shall be treated as an expedited | 20 | | proceeding. | 21 | | (e) Actual knowledge. A civil no contact order may be | 22 | | enforced pursuant to this Section if the respondent violates | 23 | | the order after the respondent has actual knowledge of its | 24 | | contents as shown through one of the following means: | 25 | | (1) by service, delivery, or notice under Section 208; | 26 | | (2) by notice under Section 218; |
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| 1 | | (3) by service of a civil no contact order under | 2 | | Section 218; or | 3 | | (4) by other means demonstrating actual knowledge of | 4 | | the contents of the order. | 5 | | (f) The enforcement of a civil no contact order in civil or | 6 | | criminal court shall not be affected by either of the | 7 | | following: | 8 | | (1) the existence of a separate, correlative order, | 9 | | entered under Section 202; or | 10 | | (2) any finding or order entered in a conjoined | 11 | | criminal proceeding. | 12 | | (g) Circumstances. The court, when determining whether or | 13 | | not a violation of a civil no contact order has occurred, shall | 14 | | not require physical manifestations of abuse on the person of | 15 | | the victim. | 16 | | (h) Penalties. | 17 | | (1) Except as provided in paragraph (3) of this | 18 | | subsection, where the court finds the commission of a | 19 | | crime or contempt of court under subsection (a) or (b) of | 20 | | this Section, the penalty shall be the penalty that | 21 | | generally applies in such criminal or contempt | 22 | | proceedings, and may include one or more of the following: | 23 | | incarceration, payment of restitution, a fine, payment of | 24 | | attorneys' fees and costs, or community service. | 25 | | (2) The court shall hear and take into account | 26 | | evidence of any factors in aggravation or mitigation |
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| 1 | | before deciding an appropriate penalty under paragraph (1) | 2 | | of this subsection. | 3 | | (3) To the extent permitted by law, the court is | 4 | | encouraged to: | 5 | | (i) increase the penalty for the knowing violation | 6 | | of any civil no contact order over any penalty | 7 | | previously imposed by any court for respondent's | 8 | | violation of any civil no contact order or penal | 9 | | statute involving petitioner as victim and respondent | 10 | | as defendant; | 11 | | (ii) impose a minimum penalty of 24 hours | 12 | | imprisonment for respondent's first violation of any | 13 | | civil no contact order; and | 14 | | (iii) impose a minimum penalty of 48 hours | 15 | | imprisonment for respondent's second or subsequent | 16 | | violation of a civil no contact order unless the court | 17 | | explicitly finds that an increased penalty or that | 18 | | period of imprisonment would be manifestly unjust. | 19 | | (4) In addition to any other penalties imposed for a | 20 | | violation of a civil no contact order, a criminal court | 21 | | may consider evidence of any previous violations of a | 22 | | civil no contact order: | 23 | | (i) to modify the conditions of pretrial release | 24 | | on an underlying criminal charge pursuant to Section | 25 | | 110-6 of the Code of Criminal Procedure of 1963; | 26 | | (ii) to revoke or modify an order of probation, |
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| 1 | | conditional discharge or supervision, pursuant to | 2 | | Section 5-6-4 of the Unified Code of Corrections; or | 3 | | (iii) to revoke or modify a sentence of periodic | 4 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 5 | | Code of Corrections.
| 6 | | (Source: P.A. 101-652, eff. 1-1-23 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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