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90_HB3511
720 ILCS 5/12-30 from Ch. 38, par. 12-30
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
750 ILCS 60/223 from Ch. 40, par. 2312-23
Amends the Criminal Code of 1961. Provides that the
offense of violation of an order of protection includes
violation of an order of protection issued in another state.
Amends the Code of Criminal Procedure of 1963 and the
Illinois Domestic Violence Act of 1986. Provides that orders
of protection issued in another state are enforceable in this
State.
LRB9009652RCpc
LRB9009652RCpc
1 AN ACT to provide for the enforcement of orders of
2 protection issued in other states, amending named 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 Section 12-30 as follows:
7 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
8 Sec. 12-30. Violation of an order of protection.
9 (a) A person commits violation of an order of protection
10 if he or she:
11 (1) Commits an act which was prohibited by a court
12 or fails to commit an act which was ordered by a court in
13 violation of a remedy in a valid order of protection
14 authorized under paragraphs (1), (2), (3), or (14) of
15 subsection (b) of Section 214 of the Illinois Domestic
16 Violence Act of 1986 or a similar law of another state,
17 or any other remedy when the act constitutes a crime
18 against the protected parties as the term protected
19 parties is defined in Section 112A-4 of the Code of
20 Criminal Procedure of 1963 or a similar law of another
21 state.
22 (2) Such violation occurs after the offender has
23 been served notice of the contents of the order, pursuant
24 to the Illinois Domestic Violence Act or a similar law of
25 another state, or otherwise has acquired actual knowledge
26 of the contents of the order.
27 (b) For purposes of this Section, an "order of
28 protection" may have been issued by any circuit or associate
29 judge in the State of Illinois or another state in a criminal
30 or civil proceeding.
31 (c) Nothing in this Section shall be construed to
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1 diminish the inherent authority of the courts to enforce
2 their lawful orders through civil or criminal contempt
3 proceedings.
4 (d) Violation of an order of protection under subsection
5 (a) of this Section is a Class A misdemeanor. A second or
6 subsequent offense is a Class 4 felony. The court shall
7 impose a minimum penalty of 24 hours imprisonment for
8 defendant's second or subsequent violation of any order of
9 protection; unless the court explicitly finds that an
10 increased penalty or such period of imprisonment would be
11 manifestly unjust. In addition to any other penalties, the
12 court may order the defendant to pay a fine as authorized
13 under Section 5-9-1 of the Unified Code of Corrections or to
14 make restitution to the victim under Section 5-5-6 of the
15 Unified Code of Corrections. In addition to any other
16 penalties, including those imposed by Section 5-9-1.5 of the
17 Unified Code of Corrections, the court shall impose an
18 additional fine of $20 as authorized by Section 5-9-1.11 of
19 the Unified Code of Corrections upon any person convicted of
20 or placed on supervision for a violation of this Section.
21 The additional fine shall be imposed for each violation of
22 this Section.
23 (Source: P.A. 90-241, eff. 1-1-98.)
24 Section 10. The Code of Criminal Procedure of 1963 is
25 amended by changing Section 112A-23 as follows:
26 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
27 Sec. 112A-23. Enforcement of orders of protection.
28 (a) When violation is crime. A violation of any order of
29 protection, whether issued in a civil, quasi-criminal
30 proceeding, may be enforced by a criminal court when:
31 (1) The respondent commits the crime of violation
32 of an order of protection pursuant to Section 12-30 of
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1 the Criminal Code of 1961, by having knowingly violated
2 remedies described in paragraphs (1), (2), (3), or (14)
3 of subsection (b) of Section 112A-14 or similar remedies
4 described in an order of protection issued in another
5 state or any other remedy when the act constitutes a
6 crime against the protected parties as defined by the
7 Criminal Code of 1961 or a similar law of another state.
8 Prosecution for a violation of an order of protection
9 shall not bar concurrent prosecution for any other crime,
10 including any crime that may have been committed at the
11 time of the violation of the order of 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 or a similar law of another state, by having
15 knowingly violated remedies described in paragraphs (5),
16 (6) or (8) of subsection (b) of Section 112A-14.
17 (b) When violation is contempt of court. A violation of
18 any valid Illinois order of protection or a valid order of
19 protection issued by another state, whether issued in a civil
20 or criminal proceeding, may be enforced through civil or
21 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 Article.
25 An Nothing in this Article shall preclude any Illinois court
26 shall enforce from enforcing any valid order of protection
27 issued in another state. Illinois courts may enforce orders
28 of protection through both criminal prosecution and contempt
29 proceedings, unless the action which is second in time is
30 barred by collateral estoppel or the constitutional
31 prohibition against 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 112A-14 or a similar law of another
14 state may be enforced by any remedy provided by Section 611
15 of the Illinois Marriage and Dissolution of Marriage Act. The
16 court may enforce any order for support issued under
17 paragraph (12) of subsection (b) of Section 112A-14 or a
18 similar law of another state in the manner provided for under
19 Articles V and VII of the Illinois Marriage and Dissolution
20 of Marriage Act.
21 (d) Actual knowledge. An order of protection may be
22 enforced pursuant to this Section if the respondent violates
23 the order after respondent has actual knowledge of its
24 contents as shown through one of the following means:
25 (1) By service, delivery, or notice under Section
26 112A-10.
27 (2) By notice under Section 112A-11.
28 (3) By service of an order of protection under
29 Section 112A-22.
30 (4) By other means demonstrating actual knowledge
31 of the contents of the order.
32 (e) The enforcement of an order of protection in civil
33 or criminal court shall not be affected by either of the
34 following:
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1 (1) The existence of a separate, correlative order
2 entered under Section 112A-15.
3 (2) Any finding or order entered in a conjoined
4 criminal proceeding.
5 (f) Circumstances. The court, when determining whether
6 or not a violation of an order of protection has occurred,
7 shall not require physical manifestations of abuse on the
8 person of the victim.
9 (g) Penalties.
10 (1) Except as provided in paragraph (3) of this
11 subsection, where the court finds the commission of a
12 crime or contempt of court under subsections (a) or (b)
13 of this Section, the penalty shall be the penalty that
14 generally applies in such criminal or contempt
15 proceedings, and may include one or more of the
16 following: incarceration, payment of restitution, a fine,
17 payment of attorneys' fees and costs, or community
18 service.
19 (2) The court shall hear and take into account
20 evidence of any factors in aggravation or mitigation
21 before deciding an appropriate penalty under paragraph
22 (1) of this subsection.
23 (3) To the extent permitted by law, the court is
24 encouraged to:
25 (i) increase the penalty for the knowing
26 violation of any order of protection over any
27 penalty previously imposed by any court for
28 respondent's violation of any order of protection or
29 penal statute involving petitioner as victim and
30 respondent as defendant;
31 (ii) impose a minimum penalty of 24 hours
32 imprisonment for respondent's first violation of any
33 order of protection; and
34 (iii) impose a minimum penalty of 48 hours
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1 imprisonment for respondent's second or subsequent
2 violation of an order of protection
3 unless the court explicitly finds that an increased
4 penalty or that period of imprisonment would be
5 manifestly unjust.
6 (4) In addition to any other penalties imposed for
7 a violation of an order of protection, a criminal court
8 may consider evidence of any violations of an order of
9 protection:
10 (i) to increase, revoke or modify the bail
11 bond on an underlying criminal charge pursuant to
12 Section 110-6;
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 (Source: P.A. 86-1300; 87-743; 87-1186.)
21 Section 15. The Illinois Domestic Violence Act of 1986
22 is amended by changing Section 223 as follows:
23 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
24 Sec. 223. Enforcement of orders of protection.
25 (a) When violation is crime. A violation of any order of
26 protection, whether issued in a civil or criminal proceeding,
27 may be enforced by a criminal court when:
28 (1) The respondent commits the crime of violation
29 of order of protection pursuant to Section 12-30 of the
30 Criminal Code of 1961, by having knowingly violated
31 remedies described in paragraphs (1), (2), (3), or (14)
32 of subsection (b) of Section 214 of this Act or a similar
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1 law of another state or any other remedy when the act
2 constitutes a crime against the protected parties as
3 defined by the Criminal Code of 1961 or a similar law of
4 another state. Prosecution for a violation of an order of
5 protection shall not bar concurrent prosecution for any
6 other crime, including any crime that may have been
7 committed at the time of the violation of the order of
8 protection; or
9 (2) The respondent commits the crime of child
10 abduction pursuant to Section 10-5 of the Criminal Code
11 of 1961, by having knowingly violated remedies described
12 in paragraphs (5), (6) or (8) of subsection (b) of
13 Section 214 of this Act.
14 (b) When violation is contempt of court. A violation of
15 any valid Illinois order of protection, whether issued in a
16 civil or criminal proceeding, may be enforced through civil
17 or criminal contempt procedures, as appropriate, by any court
18 with jurisdiction, regardless where the act or acts which
19 violated the order of protection were committed, to the
20 extent consistent with the venue provisions of this Act. An
21 Nothing in this Act shall preclude any Illinois court shall
22 enforce from enforcing any valid order of protection issued
23 in another state. Illinois courts may enforce orders of
24 protection through both criminal prosecution and contempt
25 proceedings, unless the action which is second in time is
26 barred by collateral estoppel or the constitutional
27 prohibition against double jeopardy.
28 (1) In a contempt proceeding where the petition for
29 a rule to show cause sets forth facts evidencing an
30 immediate danger that the respondent will flee the
31 jurisdiction, conceal a child, or inflict physical abuse
32 on the petitioner or minor children or on dependent
33 adults in petitioner's care, the court may order the
34 attachment of the respondent without prior service of the
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1 rule to show cause or the petition for a rule to show
2 cause. Bond shall be set unless specifically denied in
3 writing.
4 (2) A petition for a rule to show cause for
5 violation of an order of protection shall be treated as
6 an expedited proceeding.
7 (c) Violation of custody or support orders. A violation
8 of remedies described in paragraphs (5), (6), (8), or (9) of
9 subsection (b) of Section 214 of this Act or a similar law of
10 another state may be enforced by any remedy provided by
11 Section 611 of the Illinois Marriage and Dissolution of
12 Marriage Act. The court may enforce any order for support
13 issued under paragraph (12) of subsection (b) of Section 214
14 or a similar law of another state in the manner provided for
15 under Articles V and VII of the Illinois Marriage and
16 Dissolution of Marriage Act.
17 (d) Actual knowledge. An order of protection may be
18 enforced pursuant to this Section if the respondent violates
19 the order after the respondent has actual knowledge of its
20 contents as shown through one of the following means:
21 (1) By service, delivery, or notice under Section
22 210.
23 (2) By notice under Section 210.1 or 211.
24 (3) By service of an order of protection under
25 Section 222.
26 (4) By other means demonstrating actual knowledge
27 of the contents of the order.
28 (e) The enforcement of an order of protection in civil
29 or criminal court shall not be affected by either of the
30 following:
31 (1) The existence of a separate, correlative order,
32 entered under Section 215.
33 (2) Any finding or order entered in a conjoined
34 criminal proceeding.
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1 (f) Circumstances. The court, when determining whether
2 or not a violation of an order of protection has occurred,
3 shall not require physical manifestations of abuse on the
4 person of the victim.
5 (g) Penalties.
6 (1) Except as provided in paragraph (3) of this
7 subsection, where the court finds the commission of a
8 crime or contempt of court under subsections (a) or (b)
9 of this Section, the penalty shall be the penalty that
10 generally applies in such criminal or contempt
11 proceedings, and may include one or more of the
12 following: incarceration, payment of restitution, a fine,
13 payment of attorneys' fees and costs, or community
14 service.
15 (2) The court shall hear and take into account
16 evidence of any factors in aggravation or mitigation
17 before deciding an appropriate penalty under paragraph
18 (1) of this subsection.
19 (3) To the extent permitted by law, the court is
20 encouraged to:
21 (i) increase the penalty for the knowing
22 violation of any order of protection over any
23 penalty previously imposed by any court for
24 respondent's violation of any order of protection or
25 penal statute involving petitioner as victim and
26 respondent as defendant;
27 (ii) impose a minimum penalty of 24 hours
28 imprisonment for respondent's first violation of any
29 order of protection; and
30 (iii) impose a minimum penalty of 48 hours
31 imprisonment for respondent's second or subsequent
32 violation of an order of protection
33 unless the court explicitly finds that an increased
34 penalty or that period of imprisonment would be
-10- LRB9009652RCpc
1 manifestly unjust.
2 (4) In addition to any other penalties imposed for
3 a violation of an order of protection, a criminal court
4 may consider evidence of any violations of an order of
5 protection:
6 (i) to increase, revoke or modify the bail
7 bond on an underlying criminal charge pursuant to
8 Section 110-6 of the Code of Criminal Procedure of
9 1963;
10 (ii) to revoke or modify an order of
11 probation, conditional discharge or supervision,
12 pursuant to Section 5-6-4 of the Unified Code of
13 Corrections;
14 (iii) to revoke or modify a sentence of
15 periodic imprisonment, pursuant to Section 5-7-2 of
16 the Unified Code of Corrections.
17 (5) In addition to any other penalties, the court
18 shall impose an additional fine of $20 as authorized by
19 Section 5-9-1.11 of the Unified Code of Corrections upon
20 any person convicted of or placed on supervision for a
21 violation of an order of protection. The additional fine
22 shall be imposed for each violation of this Section.
23 (Source: P.A. 90-241, eff. 1-1-98.)