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90_HB2122enr
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
HB2122 Enrolled 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 Services 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, including those imposed by Section 5-9-1.5 of the
20 Unified Code of Corrections, the court shall impose an
21 additional fine of $20 as authorized by Section 5-9-1.11 of
22 the Unified Code of Corrections upon any person convicted of
23 or placed on supervision for a violation of this Section.
24 The additional fine shall be imposed for each violation of
25 this Section.
26 (Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.)
27 Section 15. The Unified Code of Corrections is amended
28 by adding Section 5-9-1.11 as follows:
29 (730 ILCS 5/5-9-1.11 new)
30 Sec. 5-9-1.11. Violation of an order of protection; Fund.
31 (a) In addition to any other penalty imposed, a fine of
32 $20 shall be imposed upon any person who is convicted of or
HB2122 Enrolled -3- LRB9001179RCccA
1 placed on supervision for violation of an order of
2 protection; provided that the offender and victim are family
3 or household members as defined in Section 103 of the
4 Illinois Domestic Violence Act of 1986.
5 The additional amount shall be assessed by the court
6 imposing sentence and shall be collected by the Circuit Clerk
7 in addition to the fine, if any, and costs in the case. Each
8 such additional penalty shall be remitted by the Circuit
9 Clerk within one month after receipt to the State Treasurer
10 for deposit into the Domestic Violence Abuser Services Fund.
11 The Circuit Clerk shall retain 10% of the penalty to cover
12 the costs incurred in administering and enforcing this
13 Section. The additional penalty shall not be considered a
14 part of the fine for purposes of any reduction in the fine
15 for time served either before or after sentencing.
16 The State Treasurer shall deposit into the Domestic
17 Violence Abuser Services Fund each fine received from circuit
18 clerks under Section 5-9-1.5 of the Unified Code of
19 Corrections.
20 Upon request of the victim or the victim's
21 representative, the court shall determine whether the fine
22 will impose an undue burden on the victim of the offense. For
23 purposes of this paragraph, the defendant may not be
24 considered the victim's representative. If the court finds
25 that the fine would impose an undue burden on the victim, the
26 court may reduce or waive the fine. The court shall order
27 that the defendant may not use funds belonging solely to the
28 victim of the offense for payment of the fine.
29 Not later than March 1 of each year the Clerk of the
30 Circuit Court shall submit to the State Comptroller a report
31 of the amount of funds remitted by her or him to the State
32 Treasurer under this Section during the preceding calendar
33 year. Except as otherwise provided by Supreme Court Rules, if
34 a court in sentencing an offender levies a gross amount for
HB2122 Enrolled -4- LRB9001179RCccA
1 fine, costs, fees and penalties, the amount of the additional
2 penalty provided for in this Section shall be collected from
3 the amount remaining after deducting from the gross amount
4 levied all fees of the Circuit Clerk, the State's Attorney,
5 and the Sheriff. After deducting from the gross amount levied
6 the fees and additional penalty provided for in this Section,
7 less any other additional penalties provided by law, the
8 clerk shall remit the net balance remaining to the entity
9 authorized by law to receive the fine imposed in the case.
10 For purposes of this Section "Fees of the Circuit Clerk"
11 shall include, if applicable, the fee provided for under
12 Section 27.3a of the Clerks of Courts Act and the fee, if
13 applicable, payable to the county in which the violation
14 occurred under Section 5-1101 of the Counties Code.
15 (b) Domestic Violence Abuser Services Fund;
16 administration. There is created a Domestic Violence Abuser
17 Services Fund in the State Treasury. Moneys deposited into
18 the Fund under this Section shall be appropriated to the
19 Department of Human Services for the purpose of providing
20 services specified by this Section. Upon appropriation of
21 moneys from the Domestic Violence Abuser Services Fund, the
22 Department of Human Services shall set aside 10% of all
23 appropriated funds for the purposes of program training,
24 development and assessment. The Department shall make grants
25 of all remaining moneys from the Fund to qualified domestic
26 violence abuser services programs through a competitive
27 application process. A "qualified domestic violence abuser
28 services program" is one which the Department determines is
29 in compliance with protocols for abuser services promulgated
30 by the Department. To the extent possible the Department
31 shall ensure that moneys received from penalties imposed by
32 courts in judicial districts are returned to qualified abuser
33 services programs serving those districts.
HB2122 Enrolled -5- LRB9001179RCccA
1 Section 20. The Illinois Domestic Violence Act of 1986
2 is amended by changing Section 223 as follows:
3 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
4 Sec. 223. Enforcement of orders of protection.
5 (a) When violation is crime. A violation of any order of
6 protection, whether issued in a civil or criminal proceeding,
7 may be enforced by a criminal court when:
8 (1) The respondent commits the crime of violation
9 of order of protection pursuant to Section 12-30 of the
10 Criminal Code of 1961, by having knowingly violated
11 remedies described in paragraphs (1), (2), (3), or (14)
12 of subsection (b) of Section 214 of this Act or any other
13 remedy when the act constitutes a crime against the
14 protected parties as defined by the Criminal Code of
15 1961. Prosecution for a violation of an order of
16 protection shall not bar concurrent prosecution for any
17 other crime, including any crime that may have been
18 committed at the time of the violation of the order of
19 protection; or
20 (2) The respondent commits the crime of child
21 abduction pursuant to Section 10-5 of the Criminal Code
22 of 1961, by having knowingly violated remedies described
23 in paragraphs (5), (6) or (8) of subsection (b) of
24 Section 214 of this Act.
25 (b) When violation is contempt of court. A violation of
26 any valid Illinois order of protection, whether issued in a
27 civil or criminal proceeding, may be enforced through civil
28 or criminal contempt procedures, as appropriate, by any court
29 with jurisdiction, regardless where the act or acts which
30 violated the order of protection were committed, to the
31 extent consistent with the venue provisions of this Act.
32 Nothing in this Act shall preclude any Illinois court from
33 enforcing any valid order of protection issued in another
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1 state. Illinois courts may enforce orders of protection
2 through both criminal prosecution and contempt proceedings,
3 unless the action which is second in time is barred by
4 collateral estoppel or the constitutional prohibition against
5 double jeopardy.
6 (1) In a contempt proceeding where the petition for
7 a rule to show cause sets forth facts evidencing an
8 immediate danger that the respondent will flee the
9 jurisdiction, conceal a child, or inflict physical abuse
10 on the petitioner or minor children or on dependent
11 adults in petitioner's care, the court may order the
12 attachment of the respondent without prior service of the
13 rule to show cause or the petition for a rule to show
14 cause. Bond shall be set unless specifically denied in
15 writing.
16 (2) A petition for a rule to show cause for
17 violation of an order of protection shall be treated as
18 an expedited proceeding.
19 (c) Violation of custody or support orders. A violation
20 of remedies described in paragraphs (5), (6), (8), or (9) of
21 subsection (b) of Section 214 of this Act may be enforced by
22 any remedy provided by Section 611 of the Illinois Marriage
23 and Dissolution of Marriage Act. The court may enforce any
24 order for support issued under paragraph (12) of subsection
25 (b) of Section 214 in the manner provided for under Articles
26 V and VII of the Illinois Marriage and Dissolution of
27 Marriage Act.
28 (d) Actual knowledge. An order of protection may be
29 enforced pursuant to this Section if the respondent violates
30 the order after the respondent has actual knowledge of its
31 contents as shown through one of the following means:
32 (1) By service, delivery, or notice under Section
33 210.
34 (2) By notice under Section 210.1 or 211.
HB2122 Enrolled -7- LRB9001179RCccA
1 (3) By service of an order of protection under
2 Section 222.
3 (4) By other means demonstrating actual knowledge
4 of the contents of the order.
5 (e) The enforcement of an order of protection in civil
6 or 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 215.
10 (2) Any finding or order entered in a conjoined
11 criminal proceeding.
12 (f) Circumstances. The court, when determining whether
13 or not a violation of an order of protection has occurred,
14 shall not require physical manifestations of abuse on the
15 person of the victim.
16 (g) 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 subsections (a) or (b)
20 of 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
23 following: incarceration, payment of restitution, a fine,
24 payment of attorneys' fees and costs, or community
25 service.
26 (2) The court shall hear and take into account
27 evidence of any factors in aggravation or mitigation
28 before deciding an appropriate penalty under paragraph
29 (1) of this subsection.
30 (3) To the extent permitted by law, the court is
31 encouraged to:
32 (i) increase the penalty for the knowing
33 violation of any order of protection over any
34 penalty previously imposed by any court for
HB2122 Enrolled -8- LRB9001179RCccA
1 respondent's violation of any order of protection or
2 penal statute involving petitioner as victim and
3 respondent as defendant;
4 (ii) impose a minimum penalty of 24 hours
5 imprisonment for respondent's first violation of any
6 order of protection; and
7 (iii) impose a minimum penalty of 48 hours
8 imprisonment for respondent's second or subsequent
9 violation of an order of protection
10 unless the court explicitly finds that an increased
11 penalty or that period of imprisonment would be
12 manifestly unjust.
13 (4) In addition to any other penalties imposed for
14 a violation of an order of protection, a criminal court
15 may consider evidence of any violations of an order of
16 protection:
17 (i) to increase, revoke or modify the bail
18 bond on an underlying criminal charge pursuant to
19 Section 110-6 of the Code of Criminal Procedure of
20 1963;
21 (ii) to revoke or modify an order of
22 probation, conditional discharge or supervision,
23 pursuant to Section 5-6-4 of the Unified Code of
24 Corrections;
25 (iii) to revoke or modify a sentence of
26 periodic imprisonment, pursuant to Section 5-7-2 of
27 the Unified Code of Corrections.
28 (5) In addition to any other penalties, the court
29 shall impose an additional fine of $20 as authorized by
30 Section 5-9-1.11 of the Unified Code of Corrections upon
31 any person convicted of or placed on supervision for a
32 violation of an order of protection. The additional fine
33 shall be imposed for each violation of this Section.
34 (Source: P.A. 86-1300; 87-743; 87-1186.)
HB2122 Enrolled -9- LRB9001179RCccA
1 Section 99. Effective date. This Act takes effect on
2 January 1, 1998.