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| Public Act 102-0184 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Sections 112A-20 and 112A-23 as follows:
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(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
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Sec. 112A-20. Duration and extension of final protective | ||||
orders.
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(a) (Blank).
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(b) A final protective order shall remain in effect as | ||||
follows:
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(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;
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(2) if in effect in conjunction with a bond forfeiture | ||||
warrant, until
final disposition or an additional period
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of time not
exceeding 2 years; no domestic violence order | ||||
of
protection, however, shall be terminated by a dismissal | ||||
that is accompanied
by the issuance of a bond forfeiture | ||||
warrant;
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(3) until 2 years after the expiration of any | ||||
supervision, conditional discharge,
probation, periodic | ||
imprisonment, parole, aftercare release, or mandatory | ||
supervised release for domestic violence orders of | ||
protection and civil no contact orders; or
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(4) until 2 years after the date set by the court for | ||
expiration of any sentence of
imprisonment and subsequent | ||
parole, aftercare release, or mandatory supervised release
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for domestic violence orders of protection and civil no | ||
contact orders; and
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(5) permanent for a stalking no contact order if a | ||
judgment of conviction for stalking is entered; or . | ||
(6) permanent for a civil no contact order at the | ||
victim's request if a judgment of conviction for criminal | ||
sexual assault, aggravated criminal sexual assault, | ||
criminal sexual abuse, excluding a conviction under | ||
subsection (c) of Section 11-1.50 of the Criminal Code of | ||
2012, or aggravated criminal sexual abuse is entered. | ||
(c) Computation of time. The duration of a domestic | ||
violence order of protection shall
not be reduced by the | ||
duration of any prior domestic violence order of protection.
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(d) Law enforcement records. When a protective order | ||
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 protective order from
those records, | ||
either the petitioner or the respondent 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 protective | ||
order has been vacated or modified with the sheriff, and the
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sheriff shall direct that law enforcement records shall be | ||
promptly
corrected in accordance with the filed order.
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(e) Extension of Orders. Any domestic violence order of
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protection or civil no contact order that expires 2 years | ||
after the expiration of the defendant's sentence under | ||
paragraph (2), (3), or (4) of subsection (b) of Section | ||
112A-20 of this Article may be extended one or more times, as | ||
required. The petitioner, petitioner's counsel, or the State's | ||
Attorney on the petitioner's behalf shall file the motion for | ||
an extension of the final protective order in the criminal | ||
case and serve the motion in accordance with Supreme Court | ||
Rules 11 and 12. The court shall transfer the motion to the | ||
appropriate court or division for consideration under | ||
subsection (e) of Section 220 of the Illinois Domestic | ||
Violence Act of 1986, subsection (c) of Section 216 of the | ||
Civil No Contact Order Act, or subsection (c) of Section 105 of | ||
the Stalking No Contact Order as appropriate.
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(f) Termination date. Any final protective order which | ||
would expire on a
court holiday shall instead expire at the | ||
close of the next court business day.
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(g) Statement of purpose. The practice of dismissing or | ||
suspending a
criminal prosecution in exchange for issuing a | ||
protective order
undermines the purposes of this Article. This | ||
Section shall not be
construed as encouraging that practice.
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
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Sec. 112A-23. Enforcement of protective orders.
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(a) When violation is crime. A violation of any protective | ||
order,
whether issued in a civil, quasi-criminal proceeding, | ||
shall be
enforced by a
criminal court when:
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(1) The respondent commits the crime of violation of a | ||
domestic violence order of
protection pursuant to Section | ||
12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||
Criminal Code of 2012, by
having knowingly violated:
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(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or
(14.5)
of subsection (b) of Section | ||
112A-14 of this Code,
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(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1), (2), | ||
(3), (14), or (14.5) of subsection (b) of Section 214
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of the Illinois Domestic Violence Act of 1986, in a | ||
valid order of protection,
which is authorized under | ||
the laws of another state, tribe or United States
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territory, or
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(iii) or any other remedy when the act
constitutes | ||
a crime against the protected parties as defined by | ||
the Criminal
Code of 1961 or the Criminal Code of 2012.
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Prosecution for a violation of a domestic violence | ||
order of protection shall
not bar concurrent prosecution | ||
for any other crime, including any crime
that may have | ||
been committed at the time of the violation of the | ||
domestic violence order
of protection; or
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(2) The respondent commits the crime of child | ||
abduction pursuant
to Section 10-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, by having knowingly | ||
violated:
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(i) remedies described in paragraphs (5), (6), or | ||
(8) of subsection
(b)
of
Section 112A-14 of this Code, | ||
or
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(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1),
(5), | ||
(6), or (8) of subsection (b) of Section 214
of the | ||
Illinois Domestic Violence Act of 1986, in a valid | ||
domestic violence order of protection,
which is | ||
authorized under the laws of another state, tribe or | ||
United States
territory.
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(3) The respondent commits the crime of violation of a | ||
civil no contact order when the respondent violates | ||
Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||
for a violation of a civil no contact order shall not bar | ||
concurrent prosecution for any other crime, including any | ||
crime that may have been committed at the time of the | ||
violation of the civil no contact order. | ||
(4) The respondent commits the crime of violation of a | ||
stalking no contact order when the respondent violates | ||
Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||
for a violation of a stalking no contact order shall not | ||
bar concurrent prosecution for any other crime, including | ||
any crime that may have been committed at the time of the | ||
violation of the stalking no contact order. | ||
(b) When violation is contempt of court. A violation of | ||
any valid protective order, whether issued in a civil or | ||
criminal
proceeding, may be enforced through civil or criminal | ||
contempt procedures,
as appropriate, by any court with | ||
jurisdiction, regardless where the act or
acts which violated | ||
the protective order were committed, to the extent
consistent | ||
with the venue provisions of this Article. Nothing in this
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Article shall preclude any Illinois court from enforcing any | ||
valid protective order issued in another state. Illinois | ||
courts may enforce protective orders through both criminal | ||
prosecution and contempt proceedings,
unless the action which | ||
is second in time is barred by collateral estoppel
or the | ||
constitutional prohibition against double jeopardy.
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(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an | ||
immediate danger that the
respondent will flee the | ||
jurisdiction, conceal a child, or inflict physical
abuse | ||
on the petitioner or minor children or on dependent adults | ||
in
petitioner's care, the court may order the
attachment | ||
of the respondent without prior service of the rule to | ||
show
cause or the petition for a rule to show cause. Bond | ||
shall be set unless
specifically denied in writing.
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(2) A petition for a rule to show cause for violation | ||
of a protective order shall be treated as an expedited | ||
proceeding.
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(c) Violation of custody, allocation of parental | ||
responsibility, or support orders. A violation of remedies
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described in paragraphs (5), (6), (8), or (9) of subsection | ||
(b) of Section
112A-14 of this Code may be enforced by any | ||
remedy provided by Section 607.5 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 112A-14 of this Code in the manner provided for under | ||
Parts
V and VII of the
Illinois Marriage and Dissolution of | ||
Marriage Act.
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(d) Actual knowledge. A protective order may be
enforced | ||
pursuant to this Section if the respondent violates the order
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after respondent has actual knowledge of its contents
as shown | ||
through one of the following means:
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(1) (Blank).
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(2) (Blank).
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(3) By service of a protective order under subsection | ||
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
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(4) By other means demonstrating actual knowledge of | ||
the contents of the order.
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(e) The enforcement of a protective order in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
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(1) The existence of a separate, correlative order | ||
entered under Section
112A-15 of this Code.
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(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
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(e-5) If a civil no contact order entered under subsection | ||
(6) of Section 112A-20 of the Code of Criminal Procedure of | ||
1963 conflicts with an order issued pursuant to the Juvenile | ||
Court Act of 1987 or the Illinois Marriage and Dissolution of | ||
Marriage Act, the conflicting order issued under subsection | ||
(6) of Section 112A-20 of the Code of Criminal Procedure of | ||
1963 shall be void. | ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of a protective order has occurred, shall not | ||
require
physical manifestations of abuse on the person of the | ||
victim.
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(g) Penalties.
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(1) Except as provided in paragraph (3) of this
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subsection (g), where the court finds the commission of a | ||
crime or contempt of
court under subsections (a) or (b) of | ||
this Section, the penalty shall be
the penalty that | ||
generally applies in such criminal or contempt
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proceedings, and may include one or more of the following: | ||
incarceration,
payment of restitution, a fine, payment of | ||
attorneys' fees and costs, or
community service.
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(2) The court shall hear and take into account | ||
evidence of any factors
in aggravation or mitigation | ||
before deciding an appropriate penalty under
paragraph (1) | ||
of this subsection (g).
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(3) To the extent permitted by law, the court is | ||
encouraged to:
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(i) increase the penalty for the knowing violation | ||
of
any protective order over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
protective order or penal statute
involving petitioner | ||
as victim and respondent as defendant;
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(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
protective order; and
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(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of a protective order | ||
unless the court explicitly finds that an increased | ||
penalty or that
period of imprisonment would be manifestly | ||
unjust.
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(4) In addition to any other penalties imposed for a | ||
violation of a protective order, a criminal court may | ||
consider evidence of any
violations of a protective order:
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(i) to increase, revoke, or modify the bail bond | ||
on an underlying
criminal charge pursuant to Section | ||
110-6 of this Code;
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(ii) to revoke or modify an order of probation, | ||
conditional discharge, or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
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(iii) to revoke or modify a sentence of periodic | ||
imprisonment, pursuant
to Section 5-7-2 of the Unified | ||
Code of Corrections.
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(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||
100-597, eff. 6-29-18; revised 7-12-19.)
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