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.)