|
|
||||
| Public Act 095-0886 |
||||
| ||||
| ||||
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
| ||||
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.
| ||
(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
| ||
(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.)
| ||