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90_HB2167 720 ILCS 5/12-1 from Ch. 38, par. 12-1 720 ILCS 5/12-30 from Ch. 38, par. 12-30 750 ILCS 60/223 from Ch. 40, par. 2312-23 Amends the Criminal Code of 1961 and the Illinois Domestic Violence Act of 1986. Provides that the court shall authorize the county to charge a defendant, who is ordered to perform community service for assault or a violation of an order of protection, for the costs of the community service based upon the person's ability to pay for those costs. Also requires the court to require a person convicted of or placed on supervision for violation of an order of protection to perform community service if available. LRB9004691RCks LRB9004691RCks 1 AN ACT in relation to community service, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 12-1 and 12-30 as follows: 7 (720 ILCS 5/12-1) (from Ch. 38, par. 12-1) 8 Sec. 12-1. Assault. 9 (a) A person commits an assault when, without lawful 10 authority, he engages in conduct which places another in 11 reasonable apprehension of receiving a battery. 12 (b) Sentence. Assault is a Class C misdemeanor. 13 (c) In addition to any other sentence that may be 14 imposed, a court shall order any person convicted of assault 15 to perform community service for not less than 30 and not 16 more than 120 hours, if community service is available in the 17 jurisdiction and is funded and approved by the county board 18 of the county where the offense was committed. In addition, 19 whenever any person is placed on supervision for an alleged 20 offense under this Section, the supervision shall be 21 conditioned upon the performance of the community service. 22 The court shall authorize the county to charge a person 23 convicted of or placed on supervision for assault for the 24 costs of the community service based upon the administration 25 of the program and the person's ability to pay for those 26 costs. 27 This subsection does not apply when the court imposes a 28 sentence of incarceration. 29 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.) 30 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) -2- LRB9004691RCks 1 Sec. 12-30. Violation of an order of protection. 2 (a) A person commits violation of an order of protection 3 if he or she: 4 (1) Commits an act which was prohibited by a court 5 or fails to commit an act which was ordered by a court in 6 violation of a remedy in a valid order of protection 7 authorized under paragraphs (1), (2), (3), or (14) of 8 subsection (b) of Section 214 of the Illinois Domestic 9 Violence Act of 1986, or any other remedy when the act 10 constitutes a crime against the protected parties as the 11 term protected parties is defined in Section 112A-4 of 12 the Code of Criminal Procedure of 1963. 13 (2) Such violation occurs after the offender has 14 been served notice of the contents of the order, pursuant 15 to the Illinois Domestic Violence Act, or otherwise has 16 acquired actual knowledge of the contents of the order. 17 (b) For purposes of this Section, an "order of 18 protection" may have been issued by any circuit or associate 19 judge in the State of Illinois in a criminal or civil 20 proceeding. 21 (c) Nothing in this Section shall be construed to 22 diminish the inherent authority of the courts to enforce 23 their lawful orders through civil or criminal contempt 24 proceedings. 25 (d) Violation of an order of protection under subsection 26 (a) of this Section is a Class A misdemeanor. A second or 27 subsequent offense is a Class 4 felony. The court shall 28 impose a minimum penalty of 24 hours imprisonment for 29 defendant's second or subsequent violation of any order of 30 protection; unless the court explicitly finds that an 31 increased penalty or such period of imprisonment would be 32 manifestly unjust. In addition to any other penalties, the 33 court may order the defendant to pay a fine as authorized 34 under Section 5-9-1 of the Unified Code of Corrections or to -3- LRB9004691RCks 1 make restitution to the victim under Section 5-5-6 of the 2 Unified Code of Corrections. In addition to any other 3 sentence that may be imposed, a court shall order any person 4 convicted of violation of an order of protection to perform 5 community service for not less than 30 and not more than 120 6 hours, if community service is available in the jurisdiction 7 and is funded and approved by the county board of the county 8 where the offense was committed. In addition, whenever any 9 person is placed on supervision for an alleged offense under 10 this Section, the supervision shall be conditional upon the 11 performance of the community service. The court shall 12 authorize the county to charge a person convicted of 13 violation of an order of protection for the costs of the 14 community service based upon the person's ability to pay for 15 those costs. This subsection does not apply when the court 16 imposes a sentence of incarceration. 17 (Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.) 18 Section 10. The Illinois Domestic Violence Act of 1986 19 is amended by changing Section 223 as follows: 20 (750 ILCS 60/223) (from Ch. 40, par. 2312-23) 21 Sec. 223. Enforcement of orders of protection. 22 (a) When violation is crime. A violation of any order of 23 protection, whether issued in a civil or criminal proceeding, 24 may be enforced by a criminal court when: 25 (1) The respondent commits the crime of violation 26 of order of protection pursuant to Section 12-30 of the 27 Criminal Code of 1961, by having knowingly violated 28 remedies described in paragraphs (1), (2), (3), or (14) 29 of subsection (b) of Section 214 of this Act or any other 30 remedy when the act constitutes a crime against the 31 protected parties as defined by the Criminal Code of 32 1961. Prosecution for a violation of an order of -4- LRB9004691RCks 1 protection shall not bar concurrent prosecution for any 2 other crime, including any crime that may have been 3 committed at the time of the violation of the order of 4 protection; or 5 (2) The respondent commits the crime of child 6 abduction pursuant to Section 10-5 of the Criminal Code 7 of 1961, by having knowingly violated remedies described 8 in paragraphs (5), (6) or (8) of subsection (b) of 9 Section 214 of this Act. 10 (b) When violation is contempt of court. A violation of 11 any valid Illinois order of protection, whether issued in a 12 civil or criminal proceeding, may be enforced through civil 13 or criminal contempt procedures, as appropriate, by any court 14 with jurisdiction, regardless where the act or acts which 15 violated the order of protection were committed, to the 16 extent consistent with the venue provisions of this Act. 17 Nothing in this Act shall preclude any Illinois court from 18 enforcing any valid order of protection issued in another 19 state. Illinois courts may enforce orders of protection 20 through both criminal prosecution and contempt proceedings, 21 unless the action which is second in time is barred by 22 collateral estoppel or the constitutional prohibition against 23 double jeopardy. 24 (1) In a contempt proceeding where the petition for 25 a rule to show cause sets forth facts evidencing an 26 immediate danger that the respondent will flee the 27 jurisdiction, conceal a child, or inflict physical abuse 28 on the petitioner or minor children or on dependent 29 adults in petitioner's care, the court may order the 30 attachment of the respondent without prior service of the 31 rule to show cause or the petition for a rule to show 32 cause. Bond shall be set unless specifically denied in 33 writing. 34 (2) A petition for a rule to show cause for -5- LRB9004691RCks 1 violation of an order of protection shall be treated as 2 an expedited proceeding. 3 (c) Violation of custody or support orders. A violation 4 of remedies described in paragraphs (5), (6), (8), or (9) of 5 subsection (b) of Section 214 of this Act may be enforced by 6 any remedy provided by Section 611 of the Illinois Marriage 7 and Dissolution of Marriage Act. The court may enforce any 8 order for support issued under paragraph (12) of subsection 9 (b) of Section 214 in the manner provided for under Articles 10 V and VII of the Illinois Marriage and Dissolution of 11 Marriage Act. 12 (d) Actual knowledge. An order of protection may be 13 enforced pursuant to this Section if the respondent violates 14 the order after the respondent has actual knowledge of its 15 contents as shown through one of the following means: 16 (1) By service, delivery, or notice under Section 17 210. 18 (2) By notice under Section 210.1 or 211. 19 (3) By service of an order of protection under 20 Section 222. 21 (4) By other means demonstrating actual knowledge 22 of the contents of the order. 23 (e) The enforcement of an order of protection in civil 24 or criminal court shall not be affected by either of the 25 following: 26 (1) The existence of a separate, correlative order, 27 entered under Section 215. 28 (2) Any finding or order entered in a conjoined 29 criminal proceeding. 30 (f) Circumstances. The court, when determining whether 31 or not a violation of an order of protection has occurred, 32 shall not require physical manifestations of abuse on the 33 person of the victim. 34 (g) Penalties. -6- LRB9004691RCks 1 (1) Except as provided in paragraph (3) of this 2 subsection, where the court finds the commission of a 3 crime or contempt of court under subsections (a) or (b) 4 of this Section, the penalty shall be the penalty that 5 generally applies in such criminal or contempt 6 proceedings, and may include one or more of the 7 following: incarceration, payment of restitution, a fine, 8 payment of attorneys' fees and costs, or community 9 service. 10 (2) The court shall hear and take into account 11 evidence of any factors in aggravation or mitigation 12 before deciding an appropriate penalty under paragraph 13 (1) of this subsection. 14 (3) To the extent permitted by law, the court is 15 encouraged to: 16 (i) increase the penalty for the knowing 17 violation of any order of protection over any 18 penalty previously imposed by any court for 19 respondent's violation of any order of protection or 20 penal statute involving petitioner as victim and 21 respondent as defendant; 22 (ii) impose a minimum penalty of 24 hours 23 imprisonment for respondent's first violation of any 24 order of protection; and 25 (iii) impose a minimum penalty of 48 hours 26 imprisonment for respondent's second or subsequent 27 violation of an order of protection 28 unless the court explicitly finds that an increased 29 penalty or that period of imprisonment would be 30 manifestly unjust. 31 (3.5) In addition to any other sentence that may be 32 imposed, a court shall order any person convicted of 33 violation of an order of protection to perform community 34 service for not less than 30 and not more than 120 hours, -7- LRB9004691RCks 1 if community service is available in the jurisdiction and 2 is funded and approved by the county board of the county 3 where the offense was committed. In addition, whenever 4 any person is placed on supervision for an alleged 5 offense under this Section, the supervision shall be 6 conditional upon the performance of the community 7 service. The court shall authorize the county to charge 8 a person convicted of violation of an order of protection 9 for the costs of the community service based upon the 10 person's ability to pay for those costs. 11 This subsection does not apply when the court imposes a 12 sentence of incarceration. 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 (Source: P.A. 86-1300; 87-743; 87-1186.)