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90_HB3416
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.
LRB9010841RCpc
LRB9010841RCpc
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)
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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
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1 make restitution to the victim under Section 5-5-6 of the
2 Unified Code of Corrections. In addition to any other
3 penalties, including those imposed by Section 5-9-1.5 of the
4 Unified Code of Corrections, the court shall impose an
5 additional fine of $20 as authorized by Section 5-9-1.11 of
6 the Unified Code of Corrections upon any person convicted of
7 or placed on supervision for a violation of this Section.
8 The additional fine shall be imposed for each violation of
9 this Section. In addition to any other sentence that may be
10 imposed, a court shall order any person convicted of
11 violation of an order of protection to perform community
12 service for not less than 30 and not more than 120 hours, if
13 community service is available in the jurisdiction and is
14 funded and approved by the county board of the county where
15 the offense was committed. In addition, whenever any person
16 is placed on supervision for an alleged offense under this
17 Section, the supervision shall be conditional upon the
18 performance of the community service. The court shall
19 authorize the county to charge a person convicted of
20 violation of an order of protection for the costs of the
21 community service based upon the person's ability to pay for
22 those costs. This subsection does not apply when the court
23 imposes a sentence of incarceration.
24 (Source: P.A. 90-241, eff. 1-1-98.)
25 Section 10. The Illinois Domestic Violence Act of 1986
26 is amended by changing Section 223 as follows:
27 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
28 Sec. 223. Enforcement of orders of protection.
29 (a) When violation is crime. A violation of any order of
30 protection, whether issued in a civil or criminal proceeding,
31 may be enforced by a criminal court when:
32 (1) The respondent commits the crime of violation
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1 of order of protection pursuant to Section 12-30 of the
2 Criminal Code of 1961, by having knowingly violated
3 remedies described in paragraphs (1), (2), (3), or (14)
4 of subsection (b) of Section 214 of this Act or any other
5 remedy when the act constitutes a crime against the
6 protected parties as defined by the Criminal Code of
7 1961. Prosecution for a violation of an order of
8 protection shall not bar concurrent prosecution for any
9 other crime, including any crime that may have been
10 committed at the time of the violation of the order of
11 protection; or
12 (2) The respondent commits the crime of child
13 abduction pursuant to Section 10-5 of the Criminal Code
14 of 1961, by having knowingly violated remedies described
15 in paragraphs (5), (6) or (8) of subsection (b) of
16 Section 214 of this Act.
17 (b) When violation is contempt of court. A violation of
18 any valid Illinois order of protection, whether issued in a
19 civil or criminal proceeding, may be enforced through civil
20 or criminal contempt procedures, as appropriate, by any court
21 with jurisdiction, regardless where the act or acts which
22 violated the order of protection were committed, to the
23 extent consistent with the venue provisions of this Act.
24 Nothing in this Act shall preclude any Illinois court from
25 enforcing any valid order of protection issued in another
26 state. Illinois courts may enforce orders of protection
27 through both criminal prosecution and contempt proceedings,
28 unless the action which is second in time is barred by
29 collateral estoppel or the constitutional prohibition against
30 double jeopardy.
31 (1) In a contempt proceeding where the petition for
32 a rule to show cause sets forth facts evidencing an
33 immediate danger that the respondent will flee the
34 jurisdiction, conceal a child, or inflict physical abuse
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1 on the petitioner or minor children or on dependent
2 adults in petitioner's care, the court may order the
3 attachment of the respondent without prior service of the
4 rule to show cause or the petition for a rule to show
5 cause. Bond shall be set unless specifically denied in
6 writing.
7 (2) A petition for a rule to show cause for
8 violation of an order of protection shall be treated as
9 an expedited proceeding.
10 (c) Violation of custody or support orders. A violation
11 of remedies described in paragraphs (5), (6), (8), or (9) of
12 subsection (b) of Section 214 of this Act may be enforced by
13 any remedy provided by Section 611 of the Illinois Marriage
14 and Dissolution of Marriage Act. The court may enforce any
15 order for support issued under paragraph (12) of subsection
16 (b) of Section 214 in the manner provided for under Articles
17 V and VII of the Illinois Marriage and Dissolution of
18 Marriage Act.
19 (d) Actual knowledge. An order of protection may be
20 enforced pursuant to this Section if the respondent violates
21 the order after the respondent has actual knowledge of its
22 contents as shown through one of the following means:
23 (1) By service, delivery, or notice under Section
24 210.
25 (2) By notice under Section 210.1 or 211.
26 (3) By service of an order of protection under
27 Section 222.
28 (4) By other means demonstrating actual knowledge
29 of the contents of the order.
30 (e) The enforcement of an order of protection in civil
31 or criminal court shall not be affected by either of the
32 following:
33 (1) The existence of a separate, correlative order,
34 entered under Section 215.
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1 (2) Any finding or order entered in a conjoined
2 criminal proceeding.
3 (f) Circumstances. The court, when determining whether
4 or not a violation of an order of protection has occurred,
5 shall not require physical manifestations of abuse on the
6 person of the victim.
7 (g) Penalties.
8 (1) Except as provided in paragraph (3) of this
9 subsection, where the court finds the commission of a
10 crime or contempt of court under subsections (a) or (b)
11 of this Section, the penalty shall be the penalty that
12 generally applies in such criminal or contempt
13 proceedings, and may include one or more of the
14 following: incarceration, payment of restitution, a fine,
15 payment of attorneys' fees and costs, or community
16 service.
17 (2) The court shall hear and take into account
18 evidence of any factors in aggravation or mitigation
19 before deciding an appropriate penalty under paragraph
20 (1) of this subsection.
21 (3) To the extent permitted by law, the court is
22 encouraged to:
23 (i) increase the penalty for the knowing
24 violation of any order of protection over any
25 penalty previously imposed by any court for
26 respondent's violation of any order of protection or
27 penal statute involving petitioner as victim and
28 respondent as defendant;
29 (ii) impose a minimum penalty of 24 hours
30 imprisonment for respondent's first violation of any
31 order of protection; and
32 (iii) impose a minimum penalty of 48 hours
33 imprisonment for respondent's second or subsequent
34 violation of an order of protection
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1 unless the court explicitly finds that an increased
2 penalty or that period of imprisonment would be
3 manifestly unjust.
4 (3.5) In addition to any other sentence that may be
5 imposed, a court shall order any person convicted of
6 violation of an order of protection to perform community
7 service for not less than 30 and not more than 120 hours,
8 if community service is available in the jurisdiction and
9 is funded and approved by the county board of the county
10 where the offense was committed. In addition, whenever
11 any person is placed on supervision for an alleged
12 offense under this Section, the supervision shall be
13 conditional upon the performance of the community
14 service. The court shall authorize the county to charge
15 a person convicted of violation of an order of protection
16 for the costs of the community service based upon the
17 person's ability to pay for those costs.
18 This subsection does not apply when the court imposes a
19 sentence of incarceration.
20 (4) In addition to any other penalties imposed for
21 a violation of an order of protection, a criminal court
22 may consider evidence of any violations of an order of
23 protection:
24 (i) to increase, revoke or modify the bail
25 bond on an underlying criminal charge pursuant to
26 Section 110-6 of the Code of Criminal Procedure of
27 1963;
28 (ii) to revoke or modify an order of
29 probation, conditional discharge or supervision,
30 pursuant to Section 5-6-4 of the Unified Code of
31 Corrections;
32 (iii) to revoke or modify a sentence of
33 periodic imprisonment, pursuant to Section 5-7-2 of
34 the Unified Code of Corrections.
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1 (5) In addition to any other penalties, the court
2 shall impose an additional fine of $20 as authorized by
3 Section 5-9-1.11 of the Unified Code of Corrections upon
4 any person convicted of or placed on supervision for a
5 violation of an order of protection. The additional fine
6 shall be imposed for each violation of this Section.
7 (Source: P.A. 90-241, eff. 1-1-98.)