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90_HB2122
30 ILCS 105/5.449 new
720 ILCS 5/12-30 from Ch. 38, par. 12-30
730 ILCS 5/5-9-1.11 new
750 ILCS 60/223 from Ch. 40, par. 2312-23
Amends the State Finance Act, the Criminal Code of 1961,
the Unified Code of Corrections, and the Illinois Domestic
Violence Act of 1986. Requires every person sentenced for a
violation of an order of protection to pay, in addition to
other fines, a $20 fine for each violation of an order of
protection. Provides that moneys from the fine shall be
deposited in the Domestic Violence Abuser Treatment Fund
which is created in the State Treasury. Provides that the
Department of Human Services shall administer the Fund and
shall make annual disbursements from the Fund to qualified
domestic violence abuse treatment programs. Effective
January 1, 1998.
LRB9001179RCccA
LRB9001179RCccA
1 AN ACT in relation to orders of protection, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Section 5.449 as follows:
7 (30 ILCS 105/5.449 new)
8 Sec. 5.449. The Domestic Violence Abuser Treatment Fund.
9 Section 10. The Criminal Code of 1961 is amended by
10 changing Section 12-30 as follows:
11 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
12 Sec. 12-30. Violation of an order of protection.
13 (a) A person commits violation of an order of protection
14 if he or she:
15 (1) Commits an act which was prohibited by a court
16 or fails to commit an act which was ordered by a court in
17 violation of a remedy in a valid order of protection
18 authorized under paragraphs (1), (2), (3), or (14) of
19 subsection (b) of Section 214 of the Illinois Domestic
20 Violence Act of 1986, or any other remedy when the act
21 constitutes a crime against the protected parties as the
22 term protected parties is defined in Section 112A-4 of
23 the Code of Criminal Procedure of 1963.
24 (2) Such violation occurs after the offender has
25 been served notice of the contents of the order, pursuant
26 to the Illinois Domestic Violence Act, or otherwise has
27 acquired actual knowledge of the contents of the order.
28 (b) For purposes of this Section, an "order of
29 protection" may have been issued by any circuit or associate
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1 judge in the State of Illinois in a criminal or civil
2 proceeding.
3 (c) Nothing in this Section shall be construed to
4 diminish the inherent authority of the courts to enforce
5 their lawful orders through civil or criminal contempt
6 proceedings.
7 (d) Violation of an order of protection under subsection
8 (a) of this Section is a Class A misdemeanor. A second or
9 subsequent offense is a Class 4 felony. The court shall
10 impose a minimum penalty of 24 hours imprisonment for
11 defendant's second or subsequent violation of any order of
12 protection; unless the court explicitly finds that an
13 increased penalty or such period of imprisonment would be
14 manifestly unjust. In addition to any other penalties, the
15 court may order the defendant to pay a fine as authorized
16 under Section 5-9-1 of the Unified Code of Corrections or to
17 make restitution to the victim under Section 5-5-6 of the
18 Unified Code of Corrections. In addition to any other
19 penalties, the court shall impose an additional fine of $20
20 as authorized by Section 5-9-1.11 of the Unified Code of
21 Corrections upon any person convicted of or placed on
22 supervision for a violation of this Section. The additional
23 fine shall be imposed for each violation of this Section.
24 (Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.)
25 Section 15. The Unified Code of Corrections is amended
26 by adding Section 5-9-1.11 as follows:
27 (730 ILCS 5/5-9-1.11 new)
28 Sec. 5-9-1.11. Violation of an order of protection; Fund.
29 (a) In addition to any other penalty imposed, a fine of
30 $20 shall be imposed upon any person who is convicted of or
31 placed on supervision for violation of an order of
32 protection; provided that the offender and victim are family
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1 or household members as defined in Section 103 of the
2 Illinois Domestic Violence Act of 1986.
3 The additional amount shall be assessed by the court
4 imposing sentence and shall be collected by the Circuit Clerk
5 in addition to the fine, if any, and costs in the case. Each
6 such additional penalty shall be remitted by the Circuit
7 Clerk within one month after receipt to the State Treasurer
8 for deposit into the Domestic Violence Abuser Treatment Fund.
9 The Circuit Clerk shall retain 10% of the penalty to cover
10 the costs incurred in administering and enforcing this
11 Section. The additional penalty shall not be considered a
12 part of the fine for purposes of any reduction in the fine
13 for time served either before or after sentencing.
14 The State Treasurer shall deposit into the Domestic
15 Violence Abuser Treatment Fund each fine received from
16 circuit clerks under Section 5-9-1.5 of the Unified Code of
17 Corrections.
18 Upon request of the victim or the victim's
19 representative, the court shall determine whether the fine
20 will impose an undue burden on the victim of the offense. For
21 purposes of this paragraph, the defendant may not be
22 considered the victim's representative. If the court finds
23 that the fine would impose an undue burden on the victim, the
24 court may reduce or waive the fine. The court shall order
25 that the defendant may not use funds belonging solely to the
26 victim of the offense for payment of the fine.
27 Not later than March 1 of each year the Clerk of the
28 Circuit Court shall submit to the State Comptroller a report
29 of the amount of funds remitted by her or him to the State
30 Treasurer under this Section during the preceding calendar
31 year. Except as otherwise provided by Supreme Court Rules, if
32 a court in sentencing an offender levies a gross amount for
33 fine, costs, fees and penalties, the amount of the additional
34 penalty provided for in this Section shall be collected from
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1 the amount remaining after deducting from the gross amount
2 levied all fees of the Circuit Clerk, the State's Attorney,
3 and the Sheriff. After deducting from the gross amount levied
4 the fees and additional penalty provided for in this Section,
5 less any other additional penalties provided by law, the
6 clerk shall remit the net balance remaining to the entity
7 authorized by law to receive the fine imposed in the case.
8 For purposes of this Section "Fees of the Circuit Clerk"
9 shall include, if applicable, the fee provided for under
10 Section 27.3a of the Clerks of Courts Act and the fee, if
11 applicable, payable to the county in which the violation
12 occurred under Section 5-1101 of the Counties Code.
13 (b) Domestic Violence Abuser Treatment Fund;
14 administration. There is created a Domestic Violence Abuser
15 Treatment Fund in the State Treasury. Moneys deposited into
16 the Fund under this Section shall be appropriated to the
17 Department of Human Services for the purpose of providing
18 services specified by this Section. Upon appropriation of
19 moneys from the Domestic Violence Abuser Treatment Fund, the
20 Department of Human Services shall make grants of these
21 moneys from the Fund to qualified domestic violence abuser
22 treatment programs on a competitive application process. A
23 "qualified domestic violence treatment program" shall comply
24 with abuser treatment standards approved by the Illinois
25 Department of Human Services.
26 Section 20. The Illinois Domestic Violence Act of 1986
27 is amended by changing Section 223 as follows:
28 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
29 Sec. 223. Enforcement of orders of protection.
30 (a) When violation is crime. A violation of any order of
31 protection, whether issued in a civil or criminal proceeding,
32 may be enforced by a criminal court when:
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1 (1) The respondent commits the crime of violation
2 of order of protection pursuant to Section 12-30 of the
3 Criminal Code of 1961, by having knowingly violated
4 remedies described in paragraphs (1), (2), (3), or (14)
5 of subsection (b) of Section 214 of this Act or any other
6 remedy when the act constitutes a crime against the
7 protected parties as defined by the Criminal Code of
8 1961. Prosecution for a violation of an order of
9 protection shall not bar concurrent prosecution for any
10 other crime, including any crime that may have been
11 committed at the time of the violation of the order of
12 protection; or
13 (2) The respondent commits the crime of child
14 abduction pursuant to Section 10-5 of the Criminal Code
15 of 1961, by having knowingly violated remedies described
16 in paragraphs (5), (6) or (8) of subsection (b) of
17 Section 214 of this Act.
18 (b) When violation is contempt of court. A violation of
19 any valid Illinois order of protection, whether issued in a
20 civil or criminal proceeding, may be enforced through civil
21 or criminal contempt procedures, as appropriate, by any court
22 with jurisdiction, regardless where the act or acts which
23 violated the order of protection were committed, to the
24 extent consistent with the venue provisions of this Act.
25 Nothing in this Act shall preclude any Illinois court from
26 enforcing any valid order of protection issued in another
27 state. Illinois courts may enforce orders of protection
28 through both criminal prosecution and contempt proceedings,
29 unless the action which is second in time is barred by
30 collateral estoppel or the constitutional prohibition against
31 double jeopardy.
32 (1) In a contempt proceeding where the petition for
33 a rule to show cause sets forth facts evidencing an
34 immediate danger that the respondent will flee the
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1 jurisdiction, conceal a child, or inflict physical abuse
2 on the petitioner or minor children or on dependent
3 adults in petitioner's care, the court may order the
4 attachment of the respondent without prior service of the
5 rule to show cause or the petition for a rule to show
6 cause. Bond shall be set unless specifically denied in
7 writing.
8 (2) A petition for a rule to show cause for
9 violation of an order of protection shall be treated as
10 an expedited proceeding.
11 (c) Violation of custody or support orders. A violation
12 of remedies described in paragraphs (5), (6), (8), or (9) of
13 subsection (b) of Section 214 of this Act may be enforced by
14 any remedy provided by Section 611 of the Illinois Marriage
15 and Dissolution of Marriage Act. The court may enforce any
16 order for support issued under paragraph (12) of subsection
17 (b) of Section 214 in the manner provided for under Articles
18 V and VII of the Illinois Marriage and Dissolution of
19 Marriage Act.
20 (d) Actual knowledge. An order of protection may be
21 enforced pursuant to this Section if the respondent violates
22 the order after the respondent has actual knowledge of its
23 contents as shown through one of the following means:
24 (1) By service, delivery, or notice under Section
25 210.
26 (2) By notice under Section 210.1 or 211.
27 (3) By service of an order of protection under
28 Section 222.
29 (4) By other means demonstrating actual knowledge
30 of the contents of the order.
31 (e) The enforcement of an order of protection in civil
32 or criminal court shall not be affected by either of the
33 following:
34 (1) The existence of a separate, correlative order,
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1 entered under Section 215.
2 (2) Any finding or order entered in a conjoined
3 criminal proceeding.
4 (f) Circumstances. The court, when determining whether
5 or not a violation of an order of protection has occurred,
6 shall not require physical manifestations of abuse on the
7 person of the victim.
8 (g) Penalties.
9 (1) Except as provided in paragraph (3) of this
10 subsection, where the court finds the commission of a
11 crime or contempt of court under subsections (a) or (b)
12 of this Section, the penalty shall be the penalty that
13 generally applies in such criminal or contempt
14 proceedings, and may include one or more of the
15 following: incarceration, payment of restitution, a fine,
16 payment of attorneys' fees and costs, or community
17 service.
18 (2) The court shall hear and take into account
19 evidence of any factors in aggravation or mitigation
20 before deciding an appropriate penalty under paragraph
21 (1) of this subsection.
22 (3) To the extent permitted by law, the court is
23 encouraged to:
24 (i) increase the penalty for the knowing
25 violation of any order of protection over any
26 penalty previously imposed by any court for
27 respondent's violation of any order of protection or
28 penal statute involving petitioner as victim and
29 respondent as defendant;
30 (ii) impose a minimum penalty of 24 hours
31 imprisonment for respondent's first violation of any
32 order of protection; and
33 (iii) impose a minimum penalty of 48 hours
34 imprisonment for respondent's second or subsequent
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1 violation of an order of protection
2 unless the court explicitly finds that an increased
3 penalty or that period of imprisonment would be
4 manifestly unjust.
5 (4) In addition to any other penalties imposed for
6 a violation of an order of protection, a criminal court
7 may consider evidence of any violations of an order of
8 protection:
9 (i) to increase, revoke or modify the bail
10 bond on an underlying criminal charge pursuant to
11 Section 110-6 of the Code of Criminal Procedure of
12 1963;
13 (ii) to revoke or modify an order of
14 probation, conditional discharge or supervision,
15 pursuant to Section 5-6-4 of the Unified Code of
16 Corrections;
17 (iii) to revoke or modify a sentence of
18 periodic imprisonment, pursuant to Section 5-7-2 of
19 the Unified Code of Corrections.
20 (5) In addition to any other penalties, the court
21 shall impose an additional fine of $20 as authorized by
22 Section 5-9-1.11 of the Unified Code of Corrections upon
23 any person convicted of or placed on supervision for a
24 violation of an order of protection. The additional fine
25 shall be imposed for each violation of this Section.
26 (Source: P.A. 86-1300; 87-743; 87-1186.)
27 Section 99. Effective date. This Act takes effect on
28 January 1, 1998.