Illinois General Assembly - Full Text of Public Act 095-0886
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Public Act 095-0886


 

Public Act 0886 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0886
 
HB5148 Enrolled LRB095 19675 AJO 46022 b

    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.)

Effective Date: 1/1/2009