Illinois General Assembly - Full Text of HB3103
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Full Text of HB3103  103rd General Assembly

HB3103ham001 103RD GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 3/15/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3103

2    AMENDMENT NO. ______. Amend House Bill 3103 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 1.1 as follows:
 
6    (430 ILCS 65/1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Addicted to narcotics" means a person who has been:
9        (1) convicted of an offense involving the use or
10    possession of cannabis, a controlled substance, or
11    methamphetamine within the past year; or
12        (2) determined by the Illinois State Police to be
13    addicted to narcotics based upon federal law or federal
14    guidelines.
15    "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and

 

 

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1authority of a physician or other person authorized to
2prescribe the controlled substance when the controlled
3substance is used in the prescribed manner.
4    "Adjudicated as a person with a mental disability" means
5the person is the subject of a determination by a court, board,
6commission or other lawful authority that the person, as a
7result of marked subnormal intelligence, or mental illness,
8mental impairment, incompetency, condition, or disease:
9        (1) presents a clear and present danger to himself,
10    herself, or to others;
11        (2) lacks the mental capacity to manage his or her own
12    affairs or is adjudicated a person with a disability as
13    defined in Section 11a-2 of the Probate Act of 1975;
14        (3) is not guilty in a criminal case by reason of
15    insanity, mental disease or defect;
16        (3.5) is guilty but mentally ill, as provided in
17    Section 5-2-6 of the Unified Code of Corrections;
18        (4) is incompetent to stand trial in a criminal case;
19        (5) is not guilty by reason of lack of mental
20    responsibility under Articles 50a and 72b of the Uniform
21    Code of Military Justice, 10 U.S.C. 850a, 876b;
22        (6) is a sexually violent person under subsection (f)
23    of Section 5 of the Sexually Violent Persons Commitment
24    Act;
25        (7) is a sexually dangerous person under the Sexually
26    Dangerous Persons Act;

 

 

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1        (8) is unfit to stand trial under the Juvenile Court
2    Act of 1987;
3        (9) is not guilty by reason of insanity under the
4    Juvenile Court Act of 1987;
5        (10) is subject to involuntary admission as an
6    inpatient as defined in Section 1-119 of the Mental Health
7    and Developmental Disabilities Code;
8        (11) is subject to involuntary admission as an
9    outpatient as defined in Section 1-119.1 of the Mental
10    Health and Developmental Disabilities Code;
11        (12) is subject to judicial admission as set forth in
12    Section 4-500 of the Mental Health and Developmental
13    Disabilities Code; or
14        (13) is subject to the provisions of the Interstate
15    Agreements on Sexually Dangerous Persons Act.
16    "Clear and present danger" means a person who:
17        (1) communicates a serious threat of physical violence
18    against a reasonably identifiable victim or poses a clear
19    and imminent risk of serious physical injury to himself,
20    herself, or another person as determined by a physician,
21    clinical psychologist, or qualified examiner; or
22        (2) demonstrates threatening physical or verbal
23    behavior, such as violent, suicidal, or assaultive
24    threats, actions, or other behavior, as determined by a
25    physician, clinical psychologist, qualified examiner,
26    school administrator, or law enforcement official.

 

 

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1    "Clinical psychologist" has the meaning provided in
2Section 1-103 of the Mental Health and Developmental
3Disabilities Code.
4    "Controlled substance" means a controlled substance or
5controlled substance analog as defined in the Illinois
6Controlled Substances Act.
7    "Counterfeit" means to copy or imitate, without legal
8authority, with intent to deceive.
9    "Developmental disability" means a severe, chronic
10disability of an individual that:
11        (1) is attributable to a mental or physical impairment
12    or combination of mental and physical impairments;
13        (2) is manifested before the individual attains age
14    22;
15        (3) is likely to continue indefinitely;
16        (4) results in substantial functional limitations in 3
17    or more of the following areas of major life activity:
18            (A) Self-care.
19            (B) Receptive and expressive language.
20            (C) Learning.
21            (D) Mobility.
22            (E) Self-direction.
23            (F) Capacity for independent living.
24            (G) Economic self-sufficiency; and
25        (5) reflects the individual's need for a combination
26    and sequence of special, interdisciplinary, or generic

 

 

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1    services, individualized supports, or other forms of
2    assistance that are of lifelong or extended duration and
3    are individually planned and coordinated.
4    "Federally licensed firearm dealer" means a person who is
5licensed as a federal firearms dealer under Section 923 of the
6federal Gun Control Act of 1968 (18 U.S.C. 923).
7    "Firearm" means any device, by whatever name known, which
8is designed to expel a projectile or projectiles by the action
9of an explosion, expansion of gas or escape of gas; excluding,
10however:
11        (1) any pneumatic gun, spring gun, paint ball gun, or
12    B-B gun which expels a single globular projectile not
13    exceeding .18 inch in diameter or which has a maximum
14    muzzle velocity of less than 700 feet per second;
15        (1.1) any pneumatic gun, spring gun, paint ball gun,
16    or B-B gun which expels breakable paint balls containing
17    washable marking colors;
18        (2) any device used exclusively for signaling or
19    safety and required or recommended by the United States
20    Coast Guard or the Interstate Commerce Commission;
21        (3) any device used exclusively for the firing of stud
22    cartridges, explosive rivets or similar industrial
23    ammunition; and
24        (4) an antique firearm (other than a machine-gun)
25    which, although designed as a weapon, the Illinois State
26    Police finds by reason of the date of its manufacture,

 

 

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1    value, design, and other characteristics is primarily a
2    collector's item and is not likely to be used as a weapon.
3    "Firearm ammunition" means any self-contained cartridge or
4shotgun shell, by whatever name known, which is designed to be
5used or adaptable to use in a firearm; excluding, however:
6        (1) any ammunition exclusively designed for use with a
7    device used exclusively for signaling or safety and
8    required or recommended by the United States Coast Guard
9    or the Interstate Commerce Commission; and
10        (2) any ammunition designed exclusively for use with a
11    stud or rivet driver or other similar industrial
12    ammunition.
13    "Gun show" means an event or function:
14        (1) at which the sale and transfer of firearms is the
15    regular and normal course of business and where 50 or more
16    firearms are displayed, offered, or exhibited for sale,
17    transfer, or exchange; or
18        (2) at which not less than 10 gun show vendors
19    display, offer, or exhibit for sale, sell, transfer, or
20    exchange firearms.
21    "Gun show" includes the entire premises provided for an
22event or function, including parking areas for the event or
23function, that is sponsored to facilitate the purchase, sale,
24transfer, or exchange of firearms as described in this
25Section. Nothing in this definition shall be construed to
26exclude a gun show held in conjunction with competitive

 

 

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1shooting events at the World Shooting Complex sanctioned by a
2national governing body in which the sale or transfer of
3firearms is authorized under subparagraph (5) of paragraph (g)
4of subsection (A) of Section 24-3 of the Criminal Code of 2012.
5    Unless otherwise expressly stated, "gun show" does not
6include training or safety classes, competitive shooting
7events, such as rifle, shotgun, or handgun matches, trap,
8skeet, or sporting clays shoots, dinners, banquets, raffles,
9or any other event where the sale or transfer of firearms is
10not the primary course of business.
11    "Gun show promoter" means a person who organizes or
12operates a gun show.
13    "Gun show vendor" means a person who exhibits, sells,
14offers for sale, transfers, or exchanges any firearms at a gun
15show, regardless of whether the person arranges with a gun
16show promoter for a fixed location from which to exhibit,
17sell, offer for sale, transfer, or exchange any firearm.
18    "Intellectual disability" means significantly subaverage
19general intellectual functioning, existing concurrently with
20deficits in adaptive behavior and manifested during the
21developmental period, which is defined as before the age of
2222, that adversely affects a child's educational performance.
23    "Involuntarily admitted" has the meaning as prescribed in
24Sections 1-119 and 1-119.1 of the Mental Health and
25Developmental Disabilities Code.
26    "Mental health facility" means any licensed private

 

 

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1hospital or hospital affiliate, institution, or facility, or
2part thereof, and any facility, or part thereof, operated by
3the State or a political subdivision thereof which provides
4treatment of persons with mental illness and includes all
5hospitals, institutions, clinics, evaluation facilities,
6mental health centers, colleges, universities, long-term care
7facilities, and nursing homes, or parts thereof, which provide
8treatment of persons with mental illness whether or not the
9primary purpose is to provide treatment of persons with mental
10illness.
11    "National governing body" means a group of persons who
12adopt rules and formulate policy on behalf of a national
13firearm sporting organization.
14    "Noncitizen" means a person who is not a citizen of the
15United States, but is a person who is a foreign-born person who
16lives in the United States, has not been naturalized, and is
17still a citizen of a foreign country.
18    "Patient" means:
19        (1) a person who is admitted as an inpatient or
20    resident of a public or private mental health facility for
21    mental health treatment under Chapter III of the Mental
22    Health and Developmental Disabilities Code as an informal
23    admission, a voluntary admission, a minor admission, an
24    emergency admission, or an involuntary admission, unless
25    the treatment was solely for an alcohol abuse disorder; or
26        (2) a person who voluntarily or involuntarily receives

 

 

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1    mental health treatment as an out-patient or is otherwise
2    provided services by a public or private mental health
3    facility and who poses a clear and present danger to
4    himself, herself, or others.
5    "Physician" has the meaning as defined in Section 1-120 of
6the Mental Health and Developmental Disabilities Code.
7    "Protective order" means any orders of protection issued
8under the Illinois Domestic Violence Act of 1986, stalking no
9contact orders issued under the Stalking No Contact Order Act,
10civil no contact orders issued under the Civil No Contact
11Order Act, and firearms restraining orders issued under the
12Firearms Restraining Order Act or a substantially similar
13order issued by the court of another state, tribe, or United
14States territory or military judge tribunal.
15    "Qualified examiner" has the meaning provided in Section
161-122 of the Mental Health and Developmental Disabilities
17Code.
18    "Sanctioned competitive shooting event" means a shooting
19contest officially recognized by a national or state shooting
20sport association, and includes any sight-in or practice
21conducted in conjunction with the event.
22    "School administrator" means the person required to report
23under the School Administrator Reporting of Mental Health
24Clear and Present Danger Determinations Law.
25    "Stun gun or taser" has the meaning ascribed to it in
26Section 24-1 of the Criminal Code of 2012.

 

 

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1(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
2102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
31-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
 
4    Section 10. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
6follows:
 
7    (725 ILCS 5/112A-4.5)
8    Sec. 112A-4.5. Who may file petition.
9    (a) A petition for a domestic violence order of protection
10may be filed:
11        (1) by a named victim who has been abused by a family
12    or household member;
13        (2) by any person or by the State's Attorney on behalf
14    of a named victim who is a minor child or an adult who has
15    been abused by a family or household member and who,
16    because of age, health, disability, or inaccessibility,
17    cannot file the petition;
18        (3) by a State's Attorney on behalf of any minor child
19    or dependent adult in the care of the named victim, if the
20    named victim does not file a petition or request the
21    State's Attorney file the petition; or
22        (4) any of the following persons if the person is
23    abused by a family or household member of a child:
24            (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
12would have been considered "family or household members" of
13the child under paragraph (3) of subsection (b) of Section
14112A-3 before a termination of the parental rights with
15respect 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
18filed:
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
15of any person who may file a petition under subsections (a),
16(b), or (c) of this Section if the person requests the State's
17Attorney to file a petition on the person's behalf, unless the
18State's Attorney has a good faith basis to delay filing the
19petition. The State's Attorney shall inform the person that
20the State's Attorney will not be filing the petition at that
21time and that the person may file a petition or may retain an
22attorney to file the petition. The State's Attorney may file
23the petition at a later date.
24    (d-5) (1) A person eligible to file a petition under
25subsection (a), (b), or (c) of this Section may retain an
26attorney to represent the petitioner on the petitioner's

 

 

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1request for a protective order. The attorney's representation
2is limited to matters related to the petition and relief
3authorized under this Article.
4    (2) Advocates shall be allowed to accompany the petitioner
5and confer with the victim, unless otherwise directed by the
6court. Advocates are not engaged in the unauthorized practice
7of law when providing assistance to the petitioner.
8    (e) Any petition properly filed under this Article may
9seek protection for any additional persons protected by this
10Article.
11(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
 
12    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
13    Sec. 112A-23. Enforcement of protective orders.
14    (a) When violation is crime. A violation of any protective
15order, whether issued in a civil, quasi-criminal proceeding or
16by a military judge tribunal, shall be enforced by a criminal
17court when:
18        (1) The respondent commits the crime of violation of a
19    domestic violence order of protection pursuant to Section
20    12-3.4 or 12-30 of the Criminal Code of 1961 or the
21    Criminal Code of 2012, by having knowingly violated:
22            (i) remedies described in paragraph (1), (2), (3),
23        (14), or (14.5) of subsection (b) of Section 112A-14
24        of this Code,
25            (ii) a remedy, which is substantially similar to

 

 

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1        the remedies authorized under paragraph (1), (2), (3),
2        (14), or (14.5) of subsection (b) of Section 214 of the
3        Illinois Domestic Violence Act of 1986, in a valid
4        order of protection, which is authorized under the
5        laws of another state, tribe, or United States
6        territory, or
7            (iii) any other remedy when the act constitutes a
8        crime against the protected parties as defined by the
9        Criminal Code of 1961 or the Criminal Code of 2012.
10        Prosecution for a violation of a domestic violence
11    order of protection shall not bar concurrent prosecution
12    for any other crime, including any crime that may have
13    been committed at the time of the violation of the
14    domestic violence order of protection; or
15        (2) The respondent commits the crime of child
16    abduction pursuant to Section 10-5 of the Criminal Code of
17    1961 or the Criminal Code of 2012, by having knowingly
18    violated:
19            (i) remedies described in paragraph (5), (6), or
20        (8) of subsection (b) of Section 112A-14 of this Code,
21        or
22            (ii) a remedy, which is substantially similar to
23        the remedies authorized under paragraph (1), (5), (6),
24        or (8) of subsection (b) of Section 214 of the Illinois
25        Domestic Violence Act of 1986, in a valid domestic
26        violence order of protection, which is authorized

 

 

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1        under the laws of another state, tribe, or United
2        States territory.
3        (3) The respondent commits the crime of violation of a
4    civil no contact order when the respondent violates
5    Section 12-3.8 of the Criminal Code of 2012. Prosecution
6    for a violation of a civil no contact order shall not bar
7    concurrent prosecution for any other crime, including any
8    crime that may have been committed at the time of the
9    violation of the civil no contact order.
10        (4) The respondent commits the crime of violation of a
11    stalking no contact order when the respondent violates
12    Section 12-3.9 of the Criminal Code of 2012. Prosecution
13    for a violation of a stalking no contact order shall not
14    bar concurrent prosecution for any other crime, including
15    any crime that may have been committed at the time of the
16    violation of the stalking no contact order.
17    (b) When violation is contempt of court. A violation of
18any valid protective order, whether issued in a civil or
19criminal proceeding or by a military judge tribunal, may be
20enforced through civil or criminal contempt procedures, as
21appropriate, by any court with jurisdiction, regardless where
22the act or acts which violated the protective order were
23committed, to the extent consistent with the venue provisions
24of this Article. Nothing in this Article shall preclude any
25Illinois court from enforcing any valid protective order
26issued in another state. Illinois courts may enforce

 

 

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1protective orders through both criminal prosecution and
2contempt proceedings, unless the action which is second in
3time is barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5        (1) In a contempt proceeding where the petition for a
6    rule to show cause sets forth facts evidencing an
7    immediate danger that the respondent will flee the
8    jurisdiction, conceal a child, or inflict physical abuse
9    on the petitioner or minor children or on dependent adults
10    in petitioner's care, the court may order the attachment
11    of the respondent without prior service of the rule to
12    show cause or the petition for a rule to show cause. Bond
13    shall be set unless specifically denied in writing.
14        (2) A petition for a rule to show cause for violation
15    of a protective order shall be treated as an expedited
16    proceeding.
17    (c) Violation of custody, allocation of parental
18responsibility, or support orders. A violation of remedies
19described in paragraph (5), (6), (8), or (9) of subsection (b)
20of Section 112A-14 of this Code may be enforced by any remedy
21provided by Section 607.5 of the Illinois Marriage and
22Dissolution of Marriage Act. The court may enforce any order
23for support issued under paragraph (12) of subsection (b) of
24Section 112A-14 of this Code in the manner provided for under
25Parts V and VII of the Illinois Marriage and Dissolution of
26Marriage Act.

 

 

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1    (d) Actual knowledge. A protective order may be enforced
2pursuant to this Section if the respondent violates the order
3after the respondent has actual knowledge of its contents as
4shown through one of the following means:
5        (1) (Blank).
6        (2) (Blank).
7        (3) By service of a protective order under subsection
8    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
9        (4) By other means demonstrating actual knowledge of
10    the contents of the order.
11    (e) The enforcement of a protective order in civil or
12criminal court shall not be affected by either of the
13following:
14        (1) The existence of a separate, correlative order
15    entered under Section 112A-15 of this Code.
16        (2) Any finding or order entered in a conjoined
17    criminal proceeding.
18    (e-5) If a civil no contact order entered under subsection
19(6) of Section 112A-20 of the Code of Criminal Procedure of
201963 conflicts with an order issued pursuant to the Juvenile
21Court Act of 1987 or the Illinois Marriage and Dissolution of
22Marriage Act, the conflicting order issued under subsection
23(6) of Section 112A-20 of the Code of Criminal Procedure of
241963 shall be void.
25    (f) Circumstances. The court, when determining whether or
26not a violation of a protective order has occurred, shall not

 

 

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1require physical manifestations of abuse on the person of the
2victim.
3    (g) Penalties.
4        (1) Except as provided in paragraph (3) of this
5    subsection (g), where the court finds the commission of a
6    crime or contempt of court under subsection (a) or (b) of
7    this Section, the penalty shall be the penalty that
8    generally applies in such criminal or contempt
9    proceedings, and may include one or more of the following:
10    incarceration, payment of restitution, a fine, payment of
11    attorneys' fees and costs, or community service.
12        (2) The court shall hear and take into account
13    evidence of any factors in aggravation or mitigation
14    before deciding an appropriate penalty under paragraph (1)
15    of this subsection (g).
16        (3) To the extent permitted by law, the court is
17    encouraged to:
18            (i) increase the penalty for the knowing violation
19        of any protective order over any penalty previously
20        imposed by any court for respondent's violation of any
21        protective order or penal statute involving petitioner
22        as victim and respondent as defendant;
23            (ii) impose a minimum penalty of 24 hours
24        imprisonment for respondent's first violation of any
25        protective order; and
26            (iii) impose a minimum penalty of 48 hours

 

 

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1        imprisonment for respondent's second or subsequent
2        violation of a protective order
3    unless the court explicitly finds that an increased
4    penalty or that period of imprisonment would be manifestly
5    unjust.
6        (4) In addition to any other penalties imposed for a
7    violation of a protective order, a criminal court may
8    consider evidence of any violations of a protective order:
9            (i) to modify the conditions of pretrial release
10        on an underlying criminal charge pursuant to Section
11        110-6 of this Code;
12            (ii) to revoke or modify an order of probation,
13        conditional discharge, or supervision, pursuant to
14        Section 5-6-4 of the Unified Code of Corrections;
15            (iii) to revoke or modify a sentence of periodic
16        imprisonment, pursuant to Section 5-7-2 of the Unified
17        Code of Corrections.
18(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
19102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
205-19-22.)
 
21    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
22    Sec. 112A-28. Data maintenance by law enforcement
23agencies.
24    (a) All sheriffs shall furnish to the Illinois State
25Police, daily, in the form and detail the Illinois State

 

 

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1Police requires, copies of any recorded protective orders
2issued by the court, and any foreign protective orders,
3including, but not limited to, an order of protection issued
4by a military judge tribunal, filed by the clerk of the court,
5and transmitted to the sheriff by the clerk of the court. Each
6protective order shall be entered in the Law Enforcement
7Agencies Data System on the same day it is issued by the court.
8    (b) The Illinois State Police shall maintain a complete
9and systematic record and index of all valid and recorded
10protective orders issued or filed under this Act. The data
11shall be used to inform all dispatchers and law enforcement
12officers at the scene of an alleged incident of abuse or
13violation of a protective order of any recorded prior incident
14of abuse involving the abused party and the effective dates
15and terms of any recorded protective order.
16    (c) The data, records and transmittals required under this
17Section shall pertain to:
18        (1) any valid emergency, interim or plenary domestic
19    violence order of protection, civil no contact or stalking
20    no contact order issued in a civil proceeding; and
21        (2) any valid ex parte or final protective order
22    issued in a criminal proceeding or authorized under the
23    laws of another state, tribe, or United States territory.
24(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
25    Section 15. The Stalking No Contact Order Act is amended

 

 

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1by changing Section 15 as follows:
 
2    (740 ILCS 21/15)
3    Sec. 15. Persons protected by this Act. A petition for a
4stalking no contact order may be filed when relief is not
5available to the petitioner under the Illinois Domestic
6Violence Act of 1986:
7        (1) by any person who is a victim of stalking;
8        (2) by a person on behalf of a minor child or an adult
9    who is a victim of stalking but, because of age,
10    disability, health, or inaccessibility, cannot file the
11    petition;
12        (3) by an authorized agent of a workplace;
13        (4) by an authorized agent of a place of worship; or
14        (5) by an authorized agent of a school;
15        (6) by a service member of the Illinois National Guard
16    or any reserve military component serving within the State
17    who is a victim of stalking who has also received a
18    Military Protective Order; or
19        (7) by the Staff Judge Advocate of the Illinois
20    National Guard or any reserve military component serving
21    within the State on behalf of a named victim who is a
22    victim of stalking who has also received a Military
23    Protective Order only after receiving consent from the
24    victim, and the petition shall include a statement that
25    the victim has consented to the Staff Judge Advocate

 

 

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1    filing the petition.
2(Source: P.A. 100-1000, eff. 1-1-19.)
 
3    Section 20. The Civil No Contact Order Act is amended by
4changing Sections 201 and 220 as follows:
 
5    (740 ILCS 22/201)
6    Sec. 201. Persons protected by this Act.
7    (a) The following persons are protected by this Act:
8        (1) any victim of non-consensual sexual conduct or
9    non-consensual sexual penetration on whose behalf the
10    petition is brought;
11        (2) any family or household member of the named
12    victim; and
13        (3) any employee of or volunteer at a rape crisis
14    center that is providing services to the petitioner or the
15    petitioner's family or household member; and .
16        (4) any service member of the Illinois National Guard
17    or any reserve military component serving within the State
18    who is a victim of non-consensual sexual conduct who has
19    also received a Military Protective Order.
20    (b) A petition for a civil no contact order may be filed:
21        (1) by any person who is a victim of non-consensual
22    sexual conduct or non-consensual sexual penetration,
23    including a single incident of non-consensual sexual
24    conduct or non-consensual sexual penetration;

 

 

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1        (2) by a person on behalf of a minor child or an adult
2    who is a victim of non-consensual sexual conduct or
3    non-consensual sexual penetration but, because of age,
4    disability, health, or inaccessibility, cannot file the
5    petition; or
6        (3) only after receiving consent from the victim, by
7    any family or household member of a victim of
8    non-consensual sexual conduct or non-consensual sexual
9    penetration, and the petition shall include a statement
10    that the victim has consented to the family or household
11    member filing the petition; .
12        (4) any service member of the Illinois National Guard
13    or any reserve military component serving within the State
14    who is a victim of non-consensual sexual conduct who has
15    also received a Military Protective Order; or
16        (5) the Staff Judge Advocate of the Illinois National
17    Guard or any reserve military component serving within the
18    State on behalf of a named victim who is a victim of
19    non-consensual sexual conduct who has also received a
20    Military Protective Order only after receiving consent
21    from the victim, and the petition shall include a
22    statement that the victim has consented to the Staff Judge
23    Advocate filing the petition.
24(Source: P.A. 102-198, eff. 1-1-22.)
 
25    (740 ILCS 22/220)

 

 

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1    Sec. 220. Enforcement of a civil no contact order.
2    (a) Nothing in this Act shall preclude any Illinois court
3from enforcing a valid protective order issued in another
4state or by a military judge.
5    (b) Illinois courts may enforce civil no contact orders
6through both criminal proceedings and civil contempt
7proceedings, unless the action which is second in time is
8barred by collateral estoppel or the constitutional
9prohibition against double jeopardy.
10    (b-1) The court shall not hold a school district or
11private or non-public school or any of its employees in civil
12or criminal contempt unless the school district or private or
13non-public school has been allowed to intervene.
14    (b-2) The court may hold the parents, guardian, or legal
15custodian of a minor respondent in civil or criminal contempt
16for a violation of any provision of any order entered under
17this Act for conduct of the minor respondent in violation of
18this Act if the parents, guardian, or legal custodian
19directed, encouraged, or assisted the respondent minor in such
20conduct.
21    (c) Criminal prosecution. A violation of any civil no
22contact order, whether issued in a civil or criminal
23proceeding or by a military judge, shall be enforced by a
24criminal court when the respondent commits the crime of
25violation of a civil no contact order pursuant to Section 219
26by having knowingly violated:

 

 

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1        (1) remedies described in Section 213 and included in
2    a civil no contact order; or
3        (2) a provision of an order, which is substantially
4    similar to provisions of Section 213, in a valid civil no
5    contact order which is authorized under the laws of
6    another state, tribe, or United States territory.
7    Prosecution for a violation of a civil no contact order
8shall not bar a concurrent prosecution for any other crime,
9including any crime that may have been committed at the time of
10the violation of the civil no contact order.
11    (d) Contempt of court. A violation of any valid Illinois
12civil no contact order, whether issued in a civil or criminal
13proceeding, may be enforced through civil or criminal contempt
14procedures, as appropriate, by any court with jurisdiction,
15regardless of where the act or acts which violated the civil no
16contact order were committed, to the extent consistent with
17the venue provisions of this Act.
18        (1) In a contempt proceeding where the petition for a
19    rule to show cause or petition for adjudication of
20    criminal contempt sets forth facts evidencing an immediate
21    danger that the respondent will flee the jurisdiction or
22    inflict physical abuse on the petitioner or minor children
23    or on dependent adults in the petitioner's care, the court
24    may order the attachment of the respondent without prior
25    service of the petition for a rule to show cause, the rule
26    to show cause, the petition for adjudication of criminal

 

 

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1    contempt or the adjudication of criminal contempt.
2    Conditions of release shall be set unless specifically
3    denied in writing.
4        (2) A petition for a rule to show cause or a petition
5    for adjudication of criminal contempt for violation of a
6    civil no contact order shall be treated as an expedited
7    proceeding.
8    (e) Actual knowledge. A civil no contact order may be
9enforced pursuant to this Section if the respondent violates
10the order after the respondent has actual knowledge of its
11contents as shown through one of the following means:
12        (1) by service, delivery, or notice under Section 208;
13        (2) by notice under Section 218;
14        (3) by service of a civil no contact order under
15    Section 218; or
16        (4) by other means demonstrating actual knowledge of
17    the contents of the order.
18    (f) The enforcement of a civil no contact order in civil or
19criminal court shall not be affected by either of the
20following:
21        (1) the existence of a separate, correlative order,
22    entered under Section 202; or
23        (2) any finding or order entered in a conjoined
24    criminal proceeding.
25    (g) Circumstances. The court, when determining whether or
26not a violation of a civil no contact order has occurred, shall

 

 

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1not require physical manifestations of abuse on the person of
2the victim.
3    (h) Penalties.
4        (1) Except as provided in paragraph (3) of this
5    subsection, where the court finds the commission of a
6    crime or contempt of court under subsection (a) or (b) of
7    this Section, the penalty shall be the penalty that
8    generally applies in such criminal or contempt
9    proceedings, and may include one or more of the following:
10    incarceration, payment of restitution, a fine, payment of
11    attorneys' fees and costs, or community service.
12        (2) The court shall hear and take into account
13    evidence of any factors in aggravation or mitigation
14    before deciding an appropriate penalty under paragraph (1)
15    of this subsection.
16        (3) To the extent permitted by law, the court is
17    encouraged to:
18            (i) increase the penalty for the knowing violation
19        of any civil no contact order over any penalty
20        previously imposed by any court for respondent's
21        violation of any civil no contact order or penal
22        statute involving petitioner as victim and respondent
23        as defendant;
24            (ii) impose a minimum penalty of 24 hours
25        imprisonment for respondent's first violation of any
26        civil no contact order; and

 

 

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1            (iii) impose a minimum penalty of 48 hours
2        imprisonment for respondent's second or subsequent
3        violation of a civil no contact order unless the court
4        explicitly finds that an increased penalty or that
5        period of imprisonment would be manifestly unjust.
6        (4) In addition to any other penalties imposed for a
7    violation of a civil no contact order, a criminal court
8    may consider evidence of any previous violations of a
9    civil no contact order:
10            (i) to modify the conditions of pretrial release
11        on an underlying criminal charge pursuant to Section
12        110-6 of the Code of Criminal Procedure of 1963;
13            (ii) to revoke or modify an order of probation,
14        conditional discharge or supervision, pursuant to
15        Section 5-6-4 of the Unified Code of Corrections; or
16            (iii) to revoke or modify a sentence of periodic
17        imprisonment, pursuant to Section 5-7-2 of the Unified
18        Code of Corrections.
19(Source: P.A. 101-652, eff. 1-1-23.)
 
20    Section 25. The Illinois Domestic Violence Act of 1986 is
21amended by changing Sections 222.5, 223, and 302 as follows:
 
22    (750 ILCS 60/222.5)
23    Sec. 222.5. Filing of an order of protection issued in
24another state or other jurisdiction.

 

 

10300HB3103ham001- 30 -LRB103 30894 LNS 59287 a

1    (a) A person entitled to protection under an order of
2protection issued by the court of another state, tribe, or
3United States territory or military judge tribunal may file a
4certified copy of the order of protection with the clerk of the
5court in a judicial circuit in which the person believes that
6enforcement may be necessary.
7    (a-5) The Illinois National Guard shall file a certified
8copy of any military order of protection with the clerk of the
9court in a judicial circuit in which the person entitled to
10protection resides or if the person entitled to protection is
11not a State resident, in a judicial circuit in which it is
12believed that enforcement may be necessary.
13    (b) The clerk shall:
14        (1) treat the foreign order of protection, including,
15    but not limited to, an order of protection issued by a
16    military judge tribunal, in the same manner as a judgment
17    of the circuit court for any county of this State in
18    accordance with the provisions of the Uniform Enforcement
19    of Foreign Judgments Act, except that the clerk shall not
20    mail notice of the filing of the foreign order to the
21    respondent named in the order; and
22        (2) on the same day that a foreign order of protection
23    is filed, file a certified copy of that order with the
24    sheriff or other law enforcement officials charged with
25    maintaining Illinois State Police records as set forth in
26    Section 222 of this Act.

 

 

10300HB3103ham001- 31 -LRB103 30894 LNS 59287 a

1    (c) Neither residence in this State nor filing of a
2foreign order of protection, including, but not limited to, an
3order of protection issued by a military judge tribunal, shall
4be required for enforcement of the order by this State.
5Failure to file the foreign order shall not be an impediment to
6its treatment in all respects as an Illinois order of
7protection.
8    (d) The clerk shall not charge a fee to file a foreign
9order of protection under this Section.
10    (e) The sheriff shall inform the Illinois State Police as
11set forth in Section 302 of this Act.
12(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
13    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
14    Sec. 223. Enforcement of orders of protection.
15    (a) When violation is crime. A violation of any order of
16protection, whether issued in a civil or criminal proceeding
17or by a military judge tribunal, shall be enforced by a
18criminal court when:
19        (1) The respondent commits the crime of violation of
20    an order of protection pursuant to Section 12-3.4 or 12-30
21    of the Criminal Code of 1961 or the Criminal Code of 2012,
22    by having knowingly violated:
23            (i) remedies described in paragraphs (1), (2),
24        (3), (14), or (14.5) of subsection (b) of Section 214
25        of this Act; or

 

 

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1            (ii) a remedy, which is substantially similar to
2        the remedies authorized under paragraphs (1), (2),
3        (3), (14), and (14.5) of subsection (b) of Section 214
4        of this Act, in a valid order of protection which is
5        authorized under the laws of another state, tribe, or
6        United States territory; or
7            (iii) any other remedy when the act constitutes a
8        crime against the protected parties as defined by the
9        Criminal Code of 1961 or the Criminal Code of 2012.
10        Prosecution for a violation of an order of protection
11    shall not bar concurrent prosecution for any other crime,
12    including any crime that may have been committed at the
13    time of the violation of the order of protection; or
14        (2) The respondent commits the crime of child
15    abduction pursuant to Section 10-5 of the Criminal Code of
16    1961 or the Criminal Code of 2012, by having knowingly
17    violated:
18            (i) remedies described in paragraphs (5), (6) or
19        (8) of subsection (b) of Section 214 of this Act; or
20            (ii) a remedy, which is substantially similar to
21        the remedies authorized under paragraphs (5), (6), or
22        (8) of subsection (b) of Section 214 of this Act, in a
23        valid order of protection which is authorized under
24        the laws of another state, tribe, or United States
25        territory.
26    (b) When violation is contempt of court. A violation of

 

 

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1any valid Illinois order of protection, whether issued in a
2civil or criminal proceeding or by a military judge tribunal,
3may be enforced through civil or criminal contempt procedures,
4as appropriate, by any court with jurisdiction, regardless
5where the act or acts which violated the order of protection
6were committed, to the extent consistent with the venue
7provisions of this Act. Nothing in this Act shall preclude any
8Illinois court from enforcing any valid order of protection
9issued in another state. Illinois courts may enforce orders of
10protection through both criminal prosecution and contempt
11proceedings, unless the action which is second in time is
12barred by collateral estoppel or the constitutional
13prohibition against double jeopardy.
14        (1) In a contempt proceeding where the petition for a
15    rule to show cause sets forth facts evidencing an
16    immediate danger that the respondent will flee the
17    jurisdiction, conceal a child, or inflict physical abuse
18    on the petitioner or minor children or on dependent adults
19    in petitioner's care, the court may order the attachment
20    of the respondent without prior service of the rule to
21    show cause or the petition for a rule to show cause.
22    Conditions of release shall be set unless specifically
23    denied in writing.
24        (2) A petition for a rule to show cause for violation
25    of an order of protection shall be treated as an expedited
26    proceeding.

 

 

10300HB3103ham001- 34 -LRB103 30894 LNS 59287 a

1    (b-1) The court shall not hold a school district or
2private or non-public school or any of its employees in civil
3or criminal contempt unless the school district or private or
4non-public school has been allowed to intervene.
5    (b-2) The court may hold the parents, guardian, or legal
6custodian of a minor respondent in civil or criminal contempt
7for a violation of any provision of any order entered under
8this Act for conduct of the minor respondent in violation of
9this Act if the parents, guardian, or legal custodian
10directed, encouraged, or assisted the respondent minor in such
11conduct.
12    (c) Violation of custody or support orders or temporary or
13final judgments allocating parental responsibilities. A
14violation of remedies described in paragraphs (5), (6), (8),
15or (9) of subsection (b) of Section 214 of this Act may be
16enforced by any remedy provided by Section 607.5 of the
17Illinois Marriage and Dissolution of Marriage Act. The court
18may enforce any order for support issued under paragraph (12)
19of subsection (b) of Section 214 in the manner provided for
20under Parts V and VII of the Illinois Marriage and Dissolution
21of Marriage Act.
22    (d) Actual knowledge. An order of protection may be
23enforced pursuant to this Section if the respondent violates
24the order after the respondent has actual knowledge of its
25contents as shown through one of the following means:
26        (1) By service, delivery, or notice under Section 210.

 

 

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1        (2) By notice under Section 210.1 or 211.
2        (3) By service of an order of protection under Section
3    222.
4        (4) By other means demonstrating actual knowledge of
5    the contents of the order.
6    (e) The enforcement of an order of protection in civil or
7criminal court shall not be affected by either of the
8following:
9        (1) The existence of a separate, correlative order,
10    entered under Section 215.
11        (2) Any finding or order entered in a conjoined
12    criminal proceeding.
13    (f) Circumstances. The court, when determining whether or
14not a violation of an order of protection has occurred, shall
15not require physical manifestations of abuse on the person of
16the victim.
17    (g) Penalties.
18        (1) Except as provided in paragraph (3) of this
19    subsection, where the court finds the commission of a
20    crime or contempt of court under subsections (a) or (b) of
21    this Section, the penalty shall be the penalty that
22    generally applies in such criminal or contempt
23    proceedings, and may include one or more of the following:
24    incarceration, payment of restitution, a fine, payment of
25    attorneys' fees and costs, or community service.
26        (2) The court shall hear and take into account

 

 

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1    evidence of any factors in aggravation or mitigation
2    before deciding an appropriate penalty under paragraph (1)
3    of this subsection.
4        (3) To the extent permitted by law, the court is
5    encouraged to:
6            (i) increase the penalty for the knowing violation
7        of any order of protection over any penalty previously
8        imposed by any court for respondent's violation of any
9        order of protection or penal statute involving
10        petitioner as victim and respondent as defendant;
11            (ii) impose a minimum penalty of 24 hours
12        imprisonment for respondent's first violation of any
13        order of protection; and
14            (iii) impose a minimum penalty of 48 hours
15        imprisonment for respondent's second or subsequent
16        violation of an order of protection
17    unless the court explicitly finds that an increased
18    penalty or that period of imprisonment would be manifestly
19    unjust.
20        (4) In addition to any other penalties imposed for a
21    violation of an order of protection, a criminal court may
22    consider evidence of any violations of an order of
23    protection:
24            (i) to increase, revoke or modify the conditions
25        of pretrial release on an underlying criminal charge
26        pursuant to Section 110-6 of the Code of Criminal

 

 

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1        Procedure of 1963;
2            (ii) to revoke or modify an order of probation,
3        conditional discharge or supervision, pursuant to
4        Section 5-6-4 of the Unified Code of Corrections;
5            (iii) to revoke or modify a sentence of periodic
6        imprisonment, pursuant to Section 5-7-2 of the Unified
7        Code of Corrections.
8        (5) In addition to any other penalties, the court
9    shall impose an additional fine of $20 as authorized by
10    Section 5-9-1.11 of the Unified Code of Corrections upon
11    any person convicted of or placed on supervision for a
12    violation of an order of protection. The additional fine
13    shall be imposed for each violation of this Section.
14(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
 
15    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)
16    Sec. 302. Data maintenance by law enforcement agencies.
17    (a) All sheriffs shall furnish to the Illinois State
18Police, on the same day as received, in the form and detail the
19Illinois State Police requires, copies of any recorded
20emergency, interim, or plenary orders of protection issued by
21the court, and any foreign orders of protection, including,
22but not limited to, an order of protection issued by a military
23judge tribunal, filed by the clerk of the court, and
24transmitted to the sheriff by the clerk of the court pursuant
25to subsection (b) of Section 222 of this Act. Each order of

 

 

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1protection shall be entered in the Law Enforcement Agencies
2Data System on the same day it is issued by the court. If an
3emergency order of protection was issued in accordance with
4subsection (c) of Section 217, the order shall be entered in
5the Law Enforcement Agencies Data System as soon as possible
6after receipt from the clerk.
7    (b) The Illinois State Police shall maintain a complete
8and systematic record and index of all valid and recorded
9orders of protection issued pursuant to this Act. The data
10shall be used to inform all dispatchers and law enforcement
11officers at the scene of an alleged incident of abuse,
12neglect, or exploitation or violation of an order of
13protection of any recorded prior incident of abuse, neglect,
14or exploitation involving the abused, neglected, or exploited
15party and the effective dates and terms of any recorded order
16of protection.
17    (c) The data, records and transmittals required under this
18Section shall pertain to any valid emergency, interim or
19plenary order of protection, whether issued in a civil or
20criminal proceeding or authorized under the laws of another
21state, tribe, or United States territory.
22(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".