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90_HB3162eng
750 ILCS 60/228 new
Amends the Illinois Domestic Violence Act of 1986.
Provides that an order of protection against domestic
violence issued by the court of another state, territory, or
Indian tribe may be registered by a court of this State if
certain conditions are met. Establishes civil immunity for a
court, law enforcement officer, or other person who enforces
the order of protection against domestic violence based upon
a reasonable belief that the order is valid. Effective
immediately.
LRB9010776RCks
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1 AN ACT in relation to orders of protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-30 as follows:
6 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
7 Sec. 12-30. Violation of an order of protection.
8 (a) A person commits violation of an order of protection
9 if he or she:
10 (1) He or she commits an act which was prohibited
11 by a court or fails to commit an act which was ordered by
12 a court in violation of:
13 (i) a remedy in a valid order of protection
14 authorized under paragraphs (1), (2), (3), or (14),
15 or (14.5) of subsection (b) of Section 214 of the
16 Illinois Domestic Violence Act of 1986,
17 (ii) a remedy, which is substantially similar
18 to the remedies authorized under paragraphs (1),
19 (2), (3), (14) or (14.5) of subsection (b) of
20 Section 214 of the Illinois Domestic Violence Act of
21 1986, in a valid order of protection, which is
22 authorized under the laws of another state, tribe or
23 United States territory,
24 (iii) any other remedy when the act
25 constitutes a crime against the protected parties as
26 the term protected parties is defined in Section
27 112A-4 of the Code of Criminal Procedure of 1963;
28 and.
29 (2) Such violation occurs after the offender has
30 been served notice of the contents of the order, pursuant
31 to the Illinois Domestic Violence Act of 1986 or any
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1 substantially similar statute of another state, tribe or
2 United States territory, or otherwise has acquired actual
3 knowledge of the contents of the order.
4 An order of protection issued by a state, tribal or
5 territorial court related to domestic or family violence
6 shall be deemed valid if the issuing court had jurisdiction
7 over the parties and matter under the law of the state, tribe
8 or territory. There shall be a presumption of validity where
9 an order is certified and appears authentic on its face.
10 (a-5) Failure to provide reasonable notice and
11 opportunity to be heard shall be an affirmative defense to
12 any charge or process filed seeking enforcement of a foreign
13 order of protection.
14 (b) For purposes of this Section, an "order of
15 protection" may have been issued by any circuit or associate
16 judge in the State of Illinois in a criminal or civil
17 proceeding.
18 (c) Nothing in this Section shall be construed to
19 diminish the inherent authority of the courts to enforce
20 their lawful orders through civil or criminal contempt
21 proceedings.
22 (d) Violation of an order of protection under subsection
23 (a) of this Section is a Class A misdemeanor. A second or
24 subsequent offense is a Class 4 felony. The court shall
25 impose a minimum penalty of 24 hours imprisonment for
26 defendant's second or subsequent violation of any order of
27 protection; unless the court explicitly finds that an
28 increased penalty or such period of imprisonment would be
29 manifestly unjust. In addition to any other penalties, the
30 court may order the defendant to pay a fine as authorized
31 under Section 5-9-1 of the Unified Code of Corrections or to
32 make restitution to the victim under Section 5-5-6 of the
33 Unified Code of Corrections. In addition to any other
34 penalties, including those imposed by Section 5-9-1.5 of the
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1 Unified Code of Corrections, the court shall impose an
2 additional fine of $20 as authorized by Section 5-9-1.11 of
3 the Unified Code of Corrections upon any person convicted of
4 or placed on supervision for a violation of this Section.
5 The additional fine shall be imposed for each violation of
6 this Section.
7 (e) The limitations placed on law enforcement liability
8 by Section 305 of the Illinois Domestic Violence Act of 1986
9 apply to actions taken under this Section.
10 (Source: P.A. 90-241, eff. 1-1-98.)
11 Section 10. The Code of Criminal Procedure of 1963 is
12 amended by changing Section 112A-23 as follows:
13 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
14 Sec. 112A-23. Enforcement of orders of protection.
15 (a) When violation is crime. A violation of any order of
16 protection, whether issued in a civil, quasi-criminal
17 proceeding, may be enforced by a criminal court when:
18 (1) The respondent commits the crime of violation
19 of an order of protection pursuant to Section 12-30 of
20 the Criminal Code of 1961, by having knowingly violated:
21 (i) remedies described in paragraphs (1), (2),
22 (3), or (14), or (14.5) of subsection (b) of Section
23 112A-14,
24 (ii) a remedy, which is substantially similar
25 to the remedies authorized under paragraphs (1),
26 (2), (3), (14) or (14.5) of subsection (b) of
27 Section 214 of the Illinois Domestic Violence Act of
28 1986, in a valid order of protection, which is
29 authorized under the laws of another state, tribe or
30 United States territory,
31 (iii) or any other remedy when the act
32 constitutes a crime against the protected parties as
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1 defined by the Criminal Code of 1961.
2 Prosecution for a violation of an order of protection
3 shall not bar concurrent prosecution for any other crime,
4 including any crime that may have been committed at the time
5 of the violation of the order of protection; or
6 (2) The respondent commits the crime of child
7 abduction pursuant to Section 10-5 of the Criminal Code
8 of 1961, by having knowingly violated:
9 (i) remedies described in paragraphs (5), (6)
10 or (8) of subsection (b) of Section 112A-14, or
11 (ii) a remedy, which is substantially similar
12 to the remedies authorized under paragraphs (1),
13 (2), (3), (14) or (14.5) of subsection (b) of
14 Section 214 of the Illinois Domestic Violence Act of
15 1986, in a valid order of protection, which is
16 authorized under the laws of another state, tribe or
17 United States territory.
18 (b) When violation is contempt of court. A violation of
19 any valid Illinois order of protection, whether issued in a
20 civil or criminal proceeding, may be enforced through civil
21 or criminal contempt procedures, as appropriate, by any court
22 with jurisdiction, regardless where the act or acts which
23 violated the order of protection were committed, to the
24 extent consistent with the venue provisions of this Article.
25 Nothing in this Article shall preclude any Illinois court
26 from enforcing any valid order of protection issued in
27 another state. Illinois courts may enforce orders of
28 protection through both criminal prosecution and contempt
29 proceedings, unless the action which is second in time is
30 barred by collateral estoppel or the constitutional
31 prohibition against double jeopardy.
32 (1) In a contempt proceeding where the petition for
33 a rule to show cause sets forth facts evidencing an
34 immediate danger that the respondent will flee the
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1 jurisdiction, conceal a child, or inflict physical abuse
2 on the petitioner or minor children or on dependent
3 adults in petitioner's care, the court may order the
4 attachment of the respondent without prior service of the
5 rule to show cause or the petition for a rule to show
6 cause. Bond shall be set unless specifically denied in
7 writing.
8 (2) A petition for a rule to show cause for
9 violation of an order of protection shall be treated as
10 an expedited proceeding.
11 (c) Violation of custody or support orders. A violation
12 of remedies described in paragraphs (5), (6), (8), or (9) of
13 subsection (b) of Section 112A-14 may be enforced by any
14 remedy provided by Section 611 of the Illinois Marriage and
15 Dissolution of Marriage Act. The court may enforce any order
16 for support issued under paragraph (12) of subsection (b) of
17 Section 112A-14 in the manner provided for under Articles V
18 and VII of the Illinois Marriage and Dissolution of Marriage
19 Act.
20 (d) Actual knowledge. An order of protection may be
21 enforced pursuant to this Section if the respondent violates
22 the order after respondent has actual knowledge of its
23 contents as shown through one of the following means:
24 (1) By service, delivery, or notice under Section
25 112A-10.
26 (2) By notice under Section 112A-11.
27 (3) By service of an order of protection under
28 Section 112A-22.
29 (4) By other means demonstrating actual knowledge
30 of the contents of the order.
31 (e) The enforcement of an order of protection in civil
32 or criminal court shall not be affected by either of the
33 following:
34 (1) The existence of a separate, correlative order
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1 entered under Section 112A-15.
2 (2) Any finding or order entered in a conjoined
3 criminal proceeding.
4 (f) Circumstances. The court, when determining whether
5 or not a violation of an order of protection has occurred,
6 shall not require physical manifestations of abuse on the
7 person of the victim.
8 (g) Penalties.
9 (1) Except as provided in paragraph (3) of this
10 subsection, where the court finds the commission of a
11 crime or contempt of court under subsections (a) or (b)
12 of this Section, the penalty shall be the penalty that
13 generally applies in such criminal or contempt
14 proceedings, and may include one or more of the
15 following: incarceration, payment of restitution, a fine,
16 payment of attorneys' fees and costs, or community
17 service.
18 (2) The court shall hear and take into account
19 evidence of any factors in aggravation or mitigation
20 before deciding an appropriate penalty under paragraph
21 (1) of this subsection.
22 (3) To the extent permitted by law, the court is
23 encouraged to:
24 (i) increase the penalty for the knowing
25 violation of any order of protection over any
26 penalty previously imposed by any court for
27 respondent's violation of any order of protection or
28 penal statute involving petitioner as victim and
29 respondent as defendant;
30 (ii) impose a minimum penalty of 24 hours
31 imprisonment for respondent's first violation of any
32 order of protection; and
33 (iii) impose a minimum penalty of 48 hours
34 imprisonment for respondent's second or subsequent
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1 violation of an order of protection
2 unless the court explicitly finds that an increased
3 penalty or that period of imprisonment would be
4 manifestly unjust.
5 (4) In addition to any other penalties imposed for
6 a violation of an order of protection, a criminal court
7 may consider evidence of any violations of an order of
8 protection:
9 (i) to increase, revoke or modify the bail
10 bond on an underlying criminal charge pursuant to
11 Section 110-6;
12 (ii) to revoke or modify an order of
13 probation, conditional discharge or supervision,
14 pursuant to Section 5-6-4 of the Unified Code of
15 Corrections;
16 (iii) to revoke or modify a sentence of
17 periodic imprisonment, pursuant to Section 5-7-2 of
18 the Unified Code of Corrections.
19 (Source: P.A. 86-1300; 87-743; 87-1186.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.