[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] |
91_HB2381
LRB9104881RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 112A-23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 112A-23 as follows:
7 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
8 Sec. 112A-23. Enforcement of orders of protection.
9 (a) When violation is crime. A violation of any order of
10 protection, whether issued in a civil, quasi-criminal
11 proceeding, must may be enforced by a criminal court when:
12 (1) The respondent commits the crime of violation
13 of an order of protection pursuant to Section 12-30 of
14 the Criminal Code of 1961, by having knowingly violated:
15 (i) remedies described in paragraphs (1), (2),
16 (3), (14), or (14.5) of subsection (b) of Section
17 112A-14,
18 (ii) a remedy, which is substantially similar
19 to the remedies authorized under paragraphs (1),
20 (2), (3), (14) or (14.5) of subsection (b) of
21 Section 214 of the Illinois Domestic Violence Act of
22 1986, in a valid order of protection, which is
23 authorized under the laws of another state, tribe or
24 United States territory,
25 (iii) or any other remedy when the act
26 constitutes a crime against the protected parties as
27 defined by the Criminal Code of 1961.
28 Prosecution for a violation of an order of protection
29 shall not bar concurrent prosecution for any other crime,
30 including any crime that may have been committed at the time
31 of the violation of the order of protection; or
-2- LRB9104881RCks
1 (2) The respondent commits the crime of child
2 abduction pursuant to Section 10-5 of the Criminal Code
3 of 1961, by having knowingly violated:
4 (i) remedies described in paragraphs (5), (6)
5 or (8) of subsection (b) of Section 112A-14, or
6 (ii) a remedy, which is substantially similar
7 to the remedies authorized under paragraphs (1),
8 (5), (6), or (8) of subsection (b) of Section 214 of
9 the Illinois Domestic Violence Act of 1986, in a
10 valid order of protection, which is authorized under
11 the laws of another state, tribe or United States
12 territory.
13 (b) When violation is contempt of court. A violation of
14 any valid order of protection, whether issued in a civil or
15 criminal proceeding, may be enforced through civil or
16 criminal contempt procedures, as appropriate, by any court
17 with jurisdiction, regardless where the act or acts which
18 violated the order of protection were committed, to the
19 extent consistent with the venue provisions of this Article.
20 Nothing in this Article shall preclude any Illinois court
21 from enforcing any valid order of protection issued in
22 another state. Illinois courts may enforce orders of
23 protection through both criminal prosecution and contempt
24 proceedings, unless the action which is second in time is
25 barred by collateral estoppel or the constitutional
26 prohibition against double jeopardy.
27 (1) In a contempt proceeding where the petition for
28 a rule to show cause sets forth facts evidencing an
29 immediate danger that the respondent will flee the
30 jurisdiction, conceal a child, or inflict physical abuse
31 on the petitioner or minor children or on dependent
32 adults in petitioner's care, the court may order the
33 attachment of the respondent without prior service of the
34 rule to show cause or the petition for a rule to show
-3- LRB9104881RCks
1 cause. Bond shall be set unless specifically denied in
2 writing.
3 (2) A petition for a rule to show cause for
4 violation of an order of protection shall be treated as
5 an expedited proceeding.
6 (c) Violation of custody or support orders. A violation
7 of remedies described in paragraphs (5), (6), (8), or (9) of
8 subsection (b) of Section 112A-14 may be enforced by any
9 remedy provided by Section 611 of the Illinois Marriage and
10 Dissolution of Marriage Act. The court may enforce any order
11 for support issued under paragraph (12) of subsection (b) of
12 Section 112A-14 in the manner provided for under Articles V
13 and VII of the Illinois Marriage and Dissolution of Marriage
14 Act.
15 (d) Actual knowledge. An order of protection may be
16 enforced pursuant to this Section if the respondent violates
17 the order after respondent has actual knowledge of its
18 contents as shown through one of the following means:
19 (1) By service, delivery, or notice under Section
20 112A-10.
21 (2) By notice under Section 112A-11.
22 (3) By service of an order of protection under
23 Section 112A-22.
24 (4) By other means demonstrating actual knowledge
25 of the contents of the order.
26 (e) The enforcement of an order of protection in civil
27 or criminal court shall not be affected by either of the
28 following:
29 (1) The existence of a separate, correlative order
30 entered under Section 112A-15.
31 (2) Any finding or order entered in a conjoined
32 criminal proceeding.
33 (f) Circumstances. The court, when determining whether
34 or not a violation of an order of protection has occurred,
-4- LRB9104881RCks
1 shall not require physical manifestations of abuse on the
2 person of the victim.
3 (g) Penalties.
4 (1) Except as provided in paragraph (3) of this
5 subsection, where the court finds the commission of a
6 crime or contempt of court under subsections (a) or (b)
7 of this Section, the penalty shall be the penalty that
8 generally applies in such criminal or contempt
9 proceedings, and may include one or more of the
10 following: incarceration, payment of restitution, a fine,
11 payment of attorneys' fees and costs, or community
12 service.
13 (2) The court shall hear and take into account
14 evidence of any factors in aggravation or mitigation
15 before deciding an appropriate penalty under paragraph
16 (1) of this subsection.
17 (3) To the extent permitted by law, the court is
18 encouraged to:
19 (i) increase the penalty for the knowing
20 violation of any order of protection over any
21 penalty previously imposed by any court for
22 respondent's violation of any order of protection or
23 penal statute involving petitioner as victim and
24 respondent as defendant;
25 (ii) impose a minimum penalty of 24 hours
26 imprisonment for respondent's first violation of any
27 order of protection; and
28 (iii) impose a minimum penalty of 48 hours
29 imprisonment for respondent's second or subsequent
30 violation of an order of protection
31 unless the court explicitly finds that an increased
32 penalty or that period of imprisonment would be
33 manifestly unjust.
34 (4) In addition to any other penalties imposed for
-5- LRB9104881RCks
1 a violation of an order of protection, a criminal court
2 may consider evidence of any violations of an order of
3 protection:
4 (i) to increase, revoke or modify the bail
5 bond on an underlying criminal charge pursuant to
6 Section 110-6;
7 (ii) to revoke or modify an order of
8 probation, conditional discharge or supervision,
9 pursuant to Section 5-6-4 of the Unified Code of
10 Corrections;
11 (iii) to revoke or modify a sentence of
12 periodic imprisonment, pursuant to Section 5-7-2 of
13 the Unified Code of Corrections.
14 (Source: P.A. 90-732, eff. 8-11-98.)