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Public Act 095-0886
Public Act 0886 95TH GENERAL ASSEMBLY
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Public Act 095-0886
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| HB5148 Enrolled |
LRB095 19675 AJO 46022 b |
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| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Code of Criminal Procedure of 1963 is | amended by changing Section 112A-20 as follows:
| (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| Sec. 112A-20. Duration and extension of orders.
| (a) Duration of emergency and interim orders. Unless | re-opened or
extended or voided by entry of
an order of greater | duration:
| (1) Emergency orders issued under Section 112A-17 | shall be
effective for not less than 14 nor more than 21 | days;
| (2) Interim orders shall be effective for up to 30 | days.
| (b) Duration of plenary orders. Except as otherwise | provided in this
Section, a plenary order of protection shall | be valid for a fixed period
of time not to exceed 2 years.
A | plenary order of protection entered in conjunction with a | criminal
prosecution shall remain in effect as follows:
| (1) if entered during pre-trial release, until | disposition, withdrawal,
or dismissal of the underlying | charge; if, however, the case is continued as an
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| independent cause of action, the order's duration may be | for a fixed period
of time not to exceed 2 years;
| (2) if in effect in conjunction with a bond forfeiture | warrant, until
final disposition or an additional period
of | time not
exceeding 2 years; no order of
protection, | however, shall be terminated by a dismissal that is | accompanied
by the issuance of a bond forfeiture warrant;
| (3) until expiration of any supervision, conditional | discharge,
probation, periodic imprisonment, parole or | mandatory supervised release and for an additional period | of time thereafter not
exceeding 2 years; or
| (4) until the date set by the court for expiration of | any sentence of
imprisonment and subsequent parole or | mandatory supervised release
and for an additional period | of time
thereafter not exceeding 2 years.
| (c) Computation of time. The duration of an order of | protection shall
not be reduced by the duration of any prior | order of protection.
| (d) Law enforcement records. When a plenary order of | protection expires
upon the occurrence of a specified event, | rather than upon a specified date
as provided in subsection | (b), no expiration date shall be entered in
Department of State | Police records. To remove the plenary order from
those records, | either party shall request the clerk of the court to file a
| certified copy of an order stating that the specified event has | occurred or
that the plenary order has been vacated or modified |
| with the sheriff, and the
sheriff shall direct that law | enforcement records shall be promptly
corrected in accordance | with the filed order.
| (e) Extension of Orders. Any emergency, interim or plenary | order of
protection may be extended one or more times, as | required, provided that
the requirements of Section 112A-17, | 112A-18 or 112A-19, as appropriate, are satisfied.
If the | motion for extension is uncontested and petitioner seeks no
| modification of the order,
the order may be extended on the | basis of petitioner's motion or
affidavit stating that there | has been no material change in relevant
circumstances since | entry of the order and stating the reason for the
requested | extension. An extension of a plenary order of protection may be | granted, upon good cause shown, to remain in effect until the | order of protection is vacated or modified. Extensions may be | granted only in
open court and not under the provisions of | Section 112A-17(c), which
applies only when the court is | unavailable at the close of business or on a
court holiday.
| (f) Termination date. Any order of protection which would | expire on a
court holiday shall instead expire at the close of | the next court business day.
| (g) Statement of purpose. The practice of dismissing or | suspending a
criminal prosecution in exchange for issuing an | order of protection
undermines the purposes of this Article. | This Section shall not be
construed as encouraging that | practice.
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| (Source: P.A. 87-1186.)
| Section 10. The Illinois Domestic Violence Act of 1986 is | amended by changing Section 220 as follows:
| (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
| Sec. 220. Duration and extension of orders.
| (a) Duration of emergency and interim orders. Unless | re-opened or
extended or voided by entry of an order of greater | duration:
| (1) Emergency orders issued under Section 217 shall be | effective for
not less than 14 nor more than 21 days;
| (2) Interim orders shall be effective for up to 30 | days.
| (b) Duration of plenary orders. Except as otherwise | provided in this
Section, a plenary order of protection shall | be valid for a fixed period of
time, not to exceed two years.
| (1) A plenary order of protection entered in | conjunction with another
civil
proceeding shall remain in | effect as follows:
| (i) if entered as preliminary relief in that other | proceeding, until
entry of final judgment in
that other | proceeding;
| (ii) if incorporated into the final judgment in | that other
proceeding, until the order of protection is | vacated or modified; or
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| (iii) if incorporated in an order for involuntary | commitment, until
termination of both the involuntary | commitment and any voluntary
commitment, or for a fixed | period of time not exceeding 2 years.
| (2) A plenary order of protection entered in | conjunction with a criminal
prosecution shall remain in | effect as follows:
| (i) if entered during pre-trial release, until | disposition, withdrawal,
or dismissal of the | underlying charge;
if, however, the case is continued | as an independent cause of action, the
order's duration | may be for a fixed period of time not to exceed 2 | years;
| (ii) if in effect in conjunction with a bond | forfeiture warrant, until
final disposition or an | additional period of time not
exceeding 2 years;
no | order of protection, however, shall be terminated by a | dismissal that
is accompanied by the issuance of a bond | forfeiture warrant;
| (iii) until expiration of any supervision, | conditional discharge,
probation, periodic | imprisonment, parole or mandatory supervised release | and for an additional period of time thereafter not
| exceeding 2 years; or
| (iv) until the date set by the court for expiration | of any sentence of
imprisonment and subsequent parole |
| or mandatory supervised release
and for an additional | period of time thereafter
not exceeding 2 years.
| (c) Computation of time. The duration of an order of | protection shall
not be reduced by the duration of any prior | order of protection.
| (d) Law enforcement records. When a plenary order of | protection expires
upon the occurrence of a specified event, | rather than upon a specified date
as provided in subsection | (b), no expiration date shall be entered in
Department of State | Police records. To remove the plenary order from those
records, | either party shall request the clerk of the court to file a
| certified copy of an order stating that the specified event has | occurred or
that the plenary order has been vacated or modified | with the Sheriff, and the
Sheriff shall direct that law | enforcement records shall be promptly
corrected in accordance | with the filed order.
| (e) Extension of orders. Any emergency, interim or plenary | order
may be extended one or more times, as required, provided | that
the requirements of Section 217, 218 or 219, as | appropriate, are satisfied.
If the motion for extension is | uncontested and petitioner seeks no
modification of the order,
| the order may be extended on the basis of petitioner's motion | or
affidavit stating that there has been no material change in | relevant
circumstances since entry of the order and stating the | reason for the
requested extension. An extension of a plenary | order of protection may be granted, upon good cause shown, to |
| remain in effect until the order of protection is vacated or | modified.
Extensions may be granted only in open court and not | under the provisions
of subsection (c) of Section 217, which | applies only when the court is
unavailable at the close of | business or on a court holiday.
| (f) Termination date. Any order of protection which would | expire on a
court holiday shall instead expire at the close of | the next court business day.
| (g) Statement of purpose. The practice of dismissing or | suspending a
criminal prosecution in exchange for the issuance | of an order of protection
undermines the purposes of this Act. | This Section shall not be construed
as encouraging that | practice.
| (Source: P.A. 86-966; 87-1186.)
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Effective Date: 1/1/2009
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