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91_SB1655
LRB9109196DJcd
1 AN ACT concerning orders of protection, amending named
2 Acts.
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 Sections 110-10 and 112A-28 and adding
7 Section 112A-22.5 as follows:
8 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
9 Sec. 110-10. Conditions of bail bond.
10 (a) If a person is released prior to conviction, either
11 upon payment of bail security or on his or her own
12 recognizance, the conditions of the bail bond shall be that
13 he or she will:
14 (1) Appear to answer the charge in the court having
15 jurisdiction on a day certain and thereafter as ordered
16 by the court until discharged or final order of the
17 court;
18 (2) Submit himself or herself to the orders and
19 process of the court;
20 (3) Not depart this State without leave of the
21 court;
22 (4) Not violate any criminal statute of any
23 jurisdiction;
24 (5) At a time and place designated by the court,
25 surrender all firearms in his or her possession to a law
26 enforcement officer designated by the court to take
27 custody of and impound the firearms when the offense the
28 person has been charged with is a forcible felony,
29 stalking, aggravated stalking, domestic battery, any
30 violation of either the Illinois Controlled Substances
31 Act or the Cannabis Control Act that is classified as a
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1 Class 2 or greater felony, or any felony violation of
2 Article 24 of the Criminal Code of 1961; the court may,
3 however, forgo forego the imposition of this condition
4 when the circumstances of the case clearly do not warrant
5 it or when its imposition would be impractical; all
6 legally possessed firearms shall be returned to the
7 person upon that person completing a sentence for a
8 conviction on a misdemeanor domestic battery, upon the
9 charges being dismissed, or if the person is found not
10 guilty, unless the finding of not guilty is by reason of
11 insanity; and
12 (6) At a time and place designated by the court,
13 submit to a psychological evaluation when the person has
14 been charged with a violation of item (4) of subsection
15 (a) of Section 24-1 of the Criminal Code of 1961 and that
16 violation occurred in a school or in any conveyance
17 owned, leased, or contracted by a school to transport
18 students to or from school or a school-related activity,
19 or on any public way within 1,000 feet of real property
20 comprising any school.
21 Psychological evaluations ordered pursuant to this
22 Section shall be completed promptly and made available to the
23 State, the defendant, and the court. As a further condition
24 of bail under these circumstances, the court shall order the
25 defendant to refrain from entering upon the property of the
26 school, including any conveyance owned, leased, or contracted
27 by a school to transport students to or from school or a
28 school-related activity, or on any public way within 1,000
29 feet of real property comprising any school. Upon receipt of
30 the psychological evaluation, either the State or the
31 defendant may request a change in the conditions of bail,
32 pursuant to Section 110-6 of this Code. The court may change
33 the conditions of bail to include a requirement that the
34 defendant follow the recommendations of the psychological
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1 evaluation, including undergoing psychiatric treatment. The
2 conclusions of the psychological evaluation and any
3 statements elicited from the defendant during its
4 administration are not admissible as evidence of guilt during
5 the course of any trial on the charged offense, unless the
6 defendant places his or her mental competency in issue.
7 (b) The court may impose other conditions, such as the
8 following, if the court finds that such conditions are
9 reasonably necessary to assure the defendant's appearance in
10 court, protect the public from the defendant, or prevent the
11 defendant's unlawful interference with the orderly
12 administration of justice:
13 (1) Report to or appear in person before such
14 person or agency as the court may direct;
15 (2) Refrain from possessing a firearm or other
16 dangerous weapon;
17 (3) Refrain from approaching or communicating with
18 particular persons or classes of persons;
19 (4) Refrain from going to certain described
20 geographical areas or premises;
21 (5) Refrain from engaging in certain activities or
22 indulging in intoxicating liquors or in certain drugs;
23 (6) Undergo treatment for drug addiction or
24 alcoholism;
25 (7) Undergo medical or psychiatric treatment;
26 (8) Work or pursue a course of study or vocational
27 training;
28 (9) Attend or reside in a facility designated by
29 the court;
30 (10) Support his or her dependents;
31 (11) If a minor resides with his or her parents or
32 in a foster home, attend school, attend a non-residential
33 program for youths, and contribute to his or her own
34 support at home or in a foster home;
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1 (12) Observe any curfew ordered by the court;
2 (13) Remain in the custody of such designated
3 person or organization agreeing to supervise his release.
4 Such third party custodian shall be responsible for
5 notifying the court if the defendant fails to observe the
6 conditions of release which the custodian has agreed to
7 monitor, and shall be subject to contempt of court for
8 failure so to notify the court;
9 (14) Be placed under direct supervision of the
10 Pretrial Services Agency, Probation Department or Court
11 Services Department in a pretrial bond home supervision
12 capacity with or without the use of an approved
13 electronic monitoring device subject to Article 8A of
14 Chapter V of the Unified Code of Corrections; or
15 (14.1) The court shall impose upon a defendant who
16 is charged with any alcohol, cannabis or controlled
17 substance violation and is placed under direct
18 supervision of the Pretrial Services Agency, Probation
19 Department or Court Services Department in a pretrial
20 bond home supervision capacity with the use of an
21 approved monitoring device, as a condition of such bail
22 bond, a fee that represents costs incidental to the
23 electronic monitoring for each day of such bail
24 supervision ordered by the court, unless after
25 determining the inability of the defendant to pay the
26 fee, the court assesses a lesser fee or no fee as the
27 case may be. The fee shall be collected by the clerk of
28 the circuit court. The clerk of the circuit court shall
29 pay all monies collected from this fee to the county
30 treasurer for deposit in the substance abuse services
31 fund under Section 5-1086.1 of the Counties Code;
32 (14.2) The court shall impose upon all defendants,
33 including those defendants subject to paragraph (14.1)
34 above, placed under direct supervision of the Pretrial
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1 Services Agency, Probation Department or Court Services
2 Department in a pretrial bond home supervision capacity
3 with the use of an approved monitoring device, as a
4 condition of such bail bond, a fee which shall represent
5 costs incidental to such electronic monitoring for each
6 day of such bail supervision ordered by the court, unless
7 after determining the inability of the defendant to pay
8 the fee, the court assesses a lesser fee or no fee as the
9 case may be. The fee shall be collected by the clerk of
10 the circuit court. The clerk of the circuit court shall
11 pay all monies collected from this fee to the county
12 treasurer who shall use the monies collected to defray
13 the costs of corrections. The county treasurer shall
14 deposit the fee collected in the county working cash fund
15 under Section 6-27001 or Section 6-29002 of the Counties
16 Code, as the case may be;
17 (15) Comply with the terms and conditions of an
18 order of protection issued by the court under the
19 Illinois Domestic Violence Act of 1986 or an order of
20 protection issued by the court of another state, tribe,
21 or United States territory;
22 (16) Under Section 110-6.5 comply with the
23 conditions of the drug testing program; and
24 (17) Such other reasonable conditions as the court
25 may impose.
26 (c) When a person is charged with an offense under
27 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
28 "Criminal Code of 1961", involving a victim who is a minor
29 under 18 years of age living in the same household with the
30 defendant at the time of the offense, in granting bail or
31 releasing the defendant on his own recognizance, the judge
32 shall impose conditions to restrict the defendant's access to
33 the victim which may include, but are not limited to
34 conditions that he will:
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1 1. Vacate the Household.
2 2. Make payment of temporary support to his
3 dependents.
4 3. Refrain from contact or communication with the
5 child victim, except as ordered by the court.
6 (d) When a person is charged with a criminal offense and
7 the victim is a family or household member as defined in
8 Article 112A, conditions shall be imposed at the time of the
9 defendant's release on bond that restrict the defendant's
10 access to the victim. Unless provided otherwise by the court,
11 the restrictions shall include requirements that the
12 defendant do the following:
13 (1) refrain from contact or communication with the
14 victim for a minimum period of 72 hours following the
15 defendant's release; and
16 (2) refrain from entering or remaining at the
17 victim's residence for a minimum period of 72 hours
18 following the defendant's release.
19 (e) Local law enforcement agencies shall develop
20 standardized bond forms for use in cases involving family or
21 household members as defined in Article 112A, including
22 specific conditions of bond as provided in subsection (d).
23 Failure of any law enforcement department to develop or use
24 those forms shall in no way limit the applicability and
25 enforcement of subsections (d) and (f).
26 (f) If the defendant is admitted to bail after
27 conviction the conditions of the bail bond shall be that he
28 will, in addition to the conditions set forth in subsections
29 (a) and (b) hereof:
30 (1) Duly prosecute his appeal;
31 (2) Appear at such time and place as the court may
32 direct;
33 (3) Not depart this State without leave of the
34 court;
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1 (4) Comply with such other reasonable conditions as
2 the court may impose; and,
3 (5) If the judgment is affirmed or the cause
4 reversed and remanded for a new trial, forthwith
5 surrender to the officer from whose custody he was
6 bailed.
7 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
8 91-312, eff. 1-1-00; revised 10-15-99.)
9 (725 ILCS 5/112A-22.5 new)
10 Sec. 112A-22.5. Filing of an order of protection issued
11 in another state; immunity.
12 (a) A person entitled to protection under an order of
13 protection issued by the court of another state, tribe, or
14 United States territory may file a certified copy of the
15 order of protection with the clerk of the court in a judicial
16 circuit in which the person believes that enforcement may be
17 necessary.
18 (b) The clerk shall:
19 (1) treat the foreign order of protection in the
20 same manner as a judgment of the circuit court for any
21 county of this State in accordance with the provisions of
22 the Uniform Enforcement of Foreign Judgments Act, except
23 that the clerk shall not mail notice of the filing of the
24 foreign order to the respondent named in the order; and
25 (2) on the same day that a foreign order of
26 protection is filed, file a certified copy of that order
27 with the sheriff or other law enforcement officials
28 charged with maintaining Department of State Police
29 records as set forth in Section 112A-22 of this Act.
30 (c) Neither residence in this State nor filing of a
31 foreign order of protection shall be required for enforcement
32 of the order by this State. Failure to file the foreign
33 order shall not be an impediment to its treatment in all
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1 respects as an Illinois order of protection.
2 (d) The clerk shall not charge a fee to file a foreign
3 order of protection under this Section.
4 (e) The sheriff shall inform the Department of State
5 Police as set forth in Section 112A-28 of this Act.
6 (f) A court, a law enforcement officer, or any other
7 person who enforces an order of protection based upon a
8 reasonable belief that the order is valid is immune from
9 civil liability for any action taken based on that belief.
10 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
11 Sec. 112A-28. Data maintenance by law enforcement
12 agencies.
13 (a) All sheriffs shall furnish to the Department of
14 State Police, daily, in the form and detail the Department
15 requires, copies of any recorded orders of protection issued
16 by the court, and any foreign orders of protection filed by
17 the clerk of the court, and transmitted to the sheriff by the
18 clerk of the court pursuant to subsection (b) of Section
19 112A-22 of this Act. Each order of protection shall be
20 entered in the Law Enforcement Automated Data System on the
21 same day it is issued by the court. If an emergency order of
22 protection was issued in accordance with subsection (c) of
23 Section 112A-17, the order shall be entered in the Law
24 Enforcement Automated Data System as soon as possible after
25 receipt from the clerk.
26 (b) The Department of State Police shall maintain a
27 complete and systematic record and index of all valid and
28 recorded orders of protection issued or filed pursuant to
29 this Act. The data shall be used to inform all dispatchers
30 and law enforcement officers at the scene of an alleged
31 incident of abuse or violation of an order of protection of
32 any recorded prior incident of abuse involving the abused
33 party and the effective dates and terms of any recorded order
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1 of protection.
2 (c) The data, records and transmittals required under
3 this Section shall pertain to any valid emergency, interim or
4 plenary order of protection, whether issued in a civil or
5 criminal proceeding or authorized under the laws of another
6 state, tribe, or United States territory.
7 (Source: P.A. 90-392, eff. 1-1-98.)
8 Section 10. The Unified Code of Corrections is amended
9 by changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:
10 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
11 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
12 Release. (a) The conditions of parole or mandatory supervised
13 release shall be such as the Prisoner Review Board deems
14 necessary to assist the subject in leading a law-abiding
15 life. The conditions of every parole and mandatory supervised
16 release are that the subject:
17 (1) not violate any criminal statute of any jurisdiction
18 during the parole or release term; and
19 (2) refrain from possessing a firearm or other dangerous
20 weapon.
21 (b) The Board may in addition to other conditions
22 require that the subject:
23 (1) work or pursue a course of study or vocational
24 training;
25 (2) undergo medical or psychiatric treatment, or
26 treatment for drug addiction or alcoholism;
27 (3) attend or reside in a facility established for the
28 instruction or residence of persons on probation or parole;
29 (4) support his dependents;
30 (5) report to an agent of the Department of Corrections;
31 (6) permit the agent to visit him at his home or
32 elsewhere to the extent necessary to discharge his duties;
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1 (7) comply with the terms and conditions of an order of
2 protection issued pursuant to the Illinois Domestic Violence
3 Act of 1986, enacted by the 84th General Assembly, or an
4 order of protection issued by the court of another state,
5 tribe, or United States territory.
6 (8) and, in addition, if a minor:
7 (i) reside with his parents or in a foster home;
8 (ii) attend school;
9 (iii) attend a non-residential program for youth;
10 (iv) contribute to his own support at home or in a
11 foster home.
12 (c) The conditions under which the parole or mandatory
13 supervised release is to be served shall be communicated to
14 the person in writing prior to his release, and he shall sign
15 the same before release. A signed copy of these conditions,
16 including a copy of an order of protection where one had been
17 issued by the criminal court, shall be retained by the person
18 and another copy forwarded to the officer in charge of his
19 supervision.
20 (d) After a hearing under Section 3-3-9, the Prisoner
21 Review Board may modify or enlarge the conditions of parole
22 or mandatory supervised release.
23 (e) The Department shall inform all offenders committed
24 to the Department of the optional services available to them
25 upon release and shall assist inmates in availing themselves
26 of such optional services upon their release on a voluntary
27 basis.
28 (Source: P.A. 84-1305.)
29 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
30 Sec. 5-6-3. Conditions of Probation and of Conditional
31 Discharge.
32 (a) The conditions of probation and of conditional
33 discharge shall be that the person:
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1 (1) not violate any criminal statute of any
2 jurisdiction;
3 (2) report to or appear in person before such
4 person or agency as directed by the court;
5 (3) refrain from possessing a firearm or other
6 dangerous weapon;
7 (4) not leave the State without the consent of the
8 court or, in circumstances in which the reason for the
9 absence is of such an emergency nature that prior consent
10 by the court is not possible, without the prior
11 notification and approval of the person's probation
12 officer;
13 (5) permit the probation officer to visit him at
14 his home or elsewhere to the extent necessary to
15 discharge his duties;
16 (6) perform no less than 30 hours of community
17 service and not more than 120 hours of community service,
18 if community service is available in the jurisdiction and
19 is funded and approved by the county board where the
20 offense was committed, where the offense was related to
21 or in furtherance of the criminal activities of an
22 organized gang and was motivated by the offender's
23 membership in or allegiance to an organized gang. The
24 community service shall include, but not be limited to,
25 the cleanup and repair of any damage caused by a
26 violation of Section 21-1.3 of the Criminal Code of 1961
27 and similar damage to property located within the
28 municipality or county in which the violation occurred.
29 When possible and reasonable, the community service
30 should be performed in the offender's neighborhood. For
31 purposes of this Section, "organized gang" has the
32 meaning ascribed to it in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act;
34 (7) if he or she is at least 17 years of age and
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1 has been sentenced to probation or conditional discharge
2 for a misdemeanor or felony in a county of 3,000,000 or
3 more inhabitants and has not been previously convicted of
4 a misdemeanor or felony, may be required by the
5 sentencing court to attend educational courses designed
6 to prepare the defendant for a high school diploma and to
7 work toward a high school diploma or to work toward
8 passing the high school level Test of General Educational
9 Development (GED) or to work toward completing a
10 vocational training program approved by the court. The
11 person on probation or conditional discharge must attend
12 a public institution of education to obtain the
13 educational or vocational training required by this
14 clause (7). The court shall revoke the probation or
15 conditional discharge of a person who wilfully fails to
16 comply with this clause (7). The person on probation or
17 conditional discharge shall be required to pay for the
18 cost of the educational courses or GED test, if a fee is
19 charged for those courses or test. The court shall
20 resentence the offender whose probation or conditional
21 discharge has been revoked as provided in Section 5-6-4.
22 This clause (7) does not apply to a person who has a high
23 school diploma or has successfully passed the GED test.
24 This clause (7) does not apply to a person who is
25 determined by the court to be developmentally disabled or
26 otherwise mentally incapable of completing the
27 educational or vocational program; and
28 (8) if convicted of possession of a substance
29 prohibited by the Cannabis Control Act or Illinois
30 Controlled Substances Act after a previous conviction or
31 disposition of supervision for possession of a substance
32 prohibited by the Cannabis Control Act or Illinois
33 Controlled Substances Act or after a sentence of
34 probation under Section 10 of the Cannabis Control Act or
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1 Section 410 of the Illinois Controlled Substances Act and
2 upon a finding by the court that the person is addicted,
3 undergo treatment at a substance abuse program approved
4 by the court.
5 (b) The Court may in addition to other reasonable
6 conditions relating to the nature of the offense or the
7 rehabilitation of the defendant as determined for each
8 defendant in the proper discretion of the Court require that
9 the person:
10 (1) serve a term of periodic imprisonment under
11 Article 7 for a period not to exceed that specified in
12 paragraph (d) of Section 5-7-1;
13 (2) pay a fine and costs;
14 (3) work or pursue a course of study or vocational
15 training;
16 (4) undergo medical, psychological or psychiatric
17 treatment; or treatment for drug addiction or alcoholism;
18 (5) attend or reside in a facility established for
19 the instruction or residence of defendants on probation;
20 (6) support his dependents;
21 (7) and in addition, if a minor:
22 (i) reside with his parents or in a foster
23 home;
24 (ii) attend school;
25 (iii) attend a non-residential program for
26 youth;
27 (iv) contribute to his own support at home or
28 in a foster home;
29 (8) make restitution as provided in Section 5-5-6
30 of this Code;
31 (9) perform some reasonable public or community
32 service;
33 (10) serve a term of home confinement. In addition
34 to any other applicable condition of probation or
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1 conditional discharge, the conditions of home confinement
2 shall be that the offender:
3 (i) remain within the interior premises of the
4 place designated for his confinement during the
5 hours designated by the court;
6 (ii) admit any person or agent designated by
7 the court into the offender's place of confinement
8 at any time for purposes of verifying the offender's
9 compliance with the conditions of his confinement;
10 and
11 (iii) if further deemed necessary by the court
12 or the Probation or Court Services Department, be
13 placed on an approved electronic monitoring device,
14 subject to Article 8A of Chapter V;
15 (iv) for persons convicted of any alcohol,
16 cannabis or controlled substance violation who are
17 placed on an approved monitoring device as a
18 condition of probation or conditional discharge, the
19 court shall impose a reasonable fee for each day of
20 the use of the device, as established by the county
21 board in subsection (g) of this Section, unless
22 after determining the inability of the offender to
23 pay the fee, the court assesses a lesser fee or no
24 fee as the case may be. This fee shall be imposed in
25 addition to the fees imposed under subsections (g)
26 and (i) of this Section. The fee shall be collected
27 by the clerk of the circuit court. The clerk of the
28 circuit court shall pay all monies collected from
29 this fee to the county treasurer for deposit in the
30 substance abuse services fund under Section 5-1086.1
31 of the Counties Code; and
32 (v) for persons convicted of offenses other
33 than those referenced in clause (iv) above and who
34 are placed on an approved monitoring device as a
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1 condition of probation or conditional discharge, the
2 court shall impose a reasonable fee for each day of
3 the use of the device, as established by the county
4 board in subsection (g) of this Section, unless
5 after determining the inability of the defendant to
6 pay the fee, the court assesses a lesser fee or no
7 fee as the case may be. This fee shall be imposed
8 in addition to the fees imposed under subsections
9 (g) and (i) of this Section. The fee shall be
10 collected by the clerk of the circuit court. The
11 clerk of the circuit court shall pay all monies
12 collected from this fee to the county treasurer who
13 shall use the monies collected to defray the costs
14 of corrections. The county treasurer shall deposit
15 the fee collected in the county working cash fund
16 under Section 6-27001 or Section 6-29002 of the
17 Counties Code, as the case may be.
18 (11) comply with the terms and conditions of an
19 order of protection issued by the court pursuant to the
20 Illinois Domestic Violence Act of 1986, as now or
21 hereafter amended, or an order of protection issued by
22 the court of another state, tribe, or United States
23 territory. A copy of the order of protection shall be
24 transmitted to the probation officer or agency having
25 responsibility for the case;
26 (12) reimburse any "local anti-crime program" as
27 defined in Section 7 of the Anti-Crime Advisory Council
28 Act for any reasonable expenses incurred by the program
29 on the offender's case, not to exceed the maximum amount
30 of the fine authorized for the offense for which the
31 defendant was sentenced;
32 (13) contribute a reasonable sum of money, not to
33 exceed the maximum amount of the fine authorized for the
34 offense for which the defendant was sentenced, to a
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1 "local anti-crime program", as defined in Section 7 of
2 the Anti-Crime Advisory Council Act;
3 (14) refrain from entering into a designated
4 geographic area except upon such terms as the court finds
5 appropriate. Such terms may include consideration of the
6 purpose of the entry, the time of day, other persons
7 accompanying the defendant, and advance approval by a
8 probation officer, if the defendant has been placed on
9 probation or advance approval by the court, if the
10 defendant was placed on conditional discharge;
11 (15) refrain from having any contact, directly or
12 indirectly, with certain specified persons or particular
13 types of persons, including but not limited to members of
14 street gangs and drug users or dealers;
15 (16) refrain from having in his or her body the
16 presence of any illicit drug prohibited by the Cannabis
17 Control Act or the Illinois Controlled Substances Act,
18 unless prescribed by a physician, and submit samples of
19 his or her blood or urine or both for tests to determine
20 the presence of any illicit drug.
21 (c) The court may as a condition of probation or of
22 conditional discharge require that a person under 18 years of
23 age found guilty of any alcohol, cannabis or controlled
24 substance violation, refrain from acquiring a driver's
25 license during the period of probation or conditional
26 discharge. If such person is in possession of a permit or
27 license, the court may require that the minor refrain from
28 driving or operating any motor vehicle during the period of
29 probation or conditional discharge, except as may be
30 necessary in the course of the minor's lawful employment.
31 (d) An offender sentenced to probation or to conditional
32 discharge shall be given a certificate setting forth the
33 conditions thereof.
34 (e) The court shall not require as a condition of the
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1 sentence of probation or conditional discharge that the
2 offender be committed to a period of imprisonment in excess
3 of 6 months. This 6 month limit shall not include periods of
4 confinement given pursuant to a sentence of county impact
5 incarceration under Section 5-8-1.2.
6 Persons committed to imprisonment as a condition of
7 probation or conditional discharge shall not be committed to
8 the Department of Corrections.
9 (f) The court may combine a sentence of periodic
10 imprisonment under Article 7 or a sentence to a county impact
11 incarceration program under Article 8 with a sentence of
12 probation or conditional discharge.
13 (g) An offender sentenced to probation or to conditional
14 discharge and who during the term of either undergoes
15 mandatory drug or alcohol testing, or both, or is assigned to
16 be placed on an approved electronic monitoring device, shall
17 be ordered to pay all costs incidental to such mandatory drug
18 or alcohol testing, or both, and all costs incidental to such
19 approved electronic monitoring in accordance with the
20 defendant's ability to pay those costs. The county board
21 with the concurrence of the Chief Judge of the judicial
22 circuit in which the county is located shall establish
23 reasonable fees for the cost of maintenance, testing, and
24 incidental expenses related to the mandatory drug or alcohol
25 testing, or both, and all costs incidental to approved
26 electronic monitoring, involved in a successful probation
27 program for the county. The concurrence of the Chief Judge
28 shall be in the form of an administrative order. The fees
29 shall be collected by the clerk of the circuit court. The
30 clerk of the circuit court shall pay all moneys collected
31 from these fees to the county treasurer who shall use the
32 moneys collected to defray the costs of drug testing, alcohol
33 testing, and electronic monitoring. The county treasurer
34 shall deposit the fees collected in the county working cash
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1 fund under Section 6-27001 or Section 6-29002 of the Counties
2 Code, as the case may be.
3 (h) Jurisdiction over an offender may be transferred
4 from the sentencing court to the court of another circuit
5 with the concurrence of both courts, or to another state
6 under an Interstate Probation Reciprocal Agreement as
7 provided in Section 3-3-11. Further transfers or retransfers
8 of jurisdiction are also authorized in the same manner. The
9 court to which jurisdiction has been transferred shall have
10 the same powers as the sentencing court.
11 (i) The court shall impose upon an offender sentenced to
12 probation after January 1, 1989 or to conditional discharge
13 after January 1, 1992, as a condition of such probation or
14 conditional discharge, a fee of $25 for each month of
15 probation or conditional discharge supervision ordered by the
16 court, unless after determining the inability of the person
17 sentenced to probation or conditional discharge to pay the
18 fee, the court assesses a lesser fee. The court may not
19 impose the fee on a minor who is made a ward of the State
20 under the Juvenile Court Act of 1987 while the minor is in
21 placement. The fee shall be imposed only upon an offender who
22 is actively supervised by the probation and court services
23 department. The fee shall be collected by the clerk of the
24 circuit court. The clerk of the circuit court shall pay all
25 monies collected from this fee to the county treasurer for
26 deposit in the probation and court services fund under
27 Section 15.1 of the Probation and Probation Officers Act.
28 (j) All fines and costs imposed under this Section for
29 any violation of Chapters 3, 4, 6, and 11 of the Illinois
30 Vehicle Code, or a similar provision of a local ordinance,
31 and any violation of the Child Passenger Protection Act, or a
32 similar provision of a local ordinance, shall be collected
33 and disbursed by the circuit clerk as provided under Section
34 27.5 of the Clerks of Courts Act.
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1 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
2 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
3 7-29-99.)
4 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
5 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
6 (a) When a defendant is placed on supervision, the court
7 shall enter an order for supervision specifying the period of
8 such supervision, and shall defer further proceedings in the
9 case until the conclusion of the period.
10 (b) The period of supervision shall be reasonable under
11 all of the circumstances of the case, but may not be longer
12 than 2 years, unless the defendant has failed to pay the
13 assessment required by Section 10.3 of the Cannabis Control
14 Act or Section 411.2 of the Illinois Controlled Substances
15 Act, in which case the court may extend supervision beyond 2
16 years. Additionally, the court shall order the defendant to
17 perform no less than 30 hours of community service and not
18 more than 120 hours of community service, if community
19 service is available in the jurisdiction and is funded and
20 approved by the county board where the offense was committed,
21 when the offense (1) was related to or in furtherance of the
22 criminal activities of an organized gang or was motivated by
23 the defendant's membership in or allegiance to an organized
24 gang; or (2) is a violation of any Section of Article 24 of
25 the Criminal Code of 1961 where a disposition of supervision
26 is not prohibited by Section 5-6-1 of this Code. The
27 community service shall include, but not be limited to, the
28 cleanup and repair of any damage caused by violation of
29 Section 21-1.3 of the Criminal Code of 1961 and similar
30 damages to property located within the municipality or county
31 in which the violation occurred. Where possible and
32 reasonable, the community service should be performed in the
33 offender's neighborhood.
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1 For the purposes of this Section, "organized gang" has
2 the meaning ascribed to it in Section 10 of the Illinois
3 Streetgang Terrorism Omnibus Prevention Act.
4 (c) The court may in addition to other reasonable
5 conditions relating to the nature of the offense or the
6 rehabilitation of the defendant as determined for each
7 defendant in the proper discretion of the court require that
8 the person:
9 (1) make a report to and appear in person before or
10 participate with the court or such courts, person, or
11 social service agency as directed by the court in the
12 order of supervision;
13 (2) pay a fine and costs;
14 (3) work or pursue a course of study or vocational
15 training;
16 (4) undergo medical, psychological or psychiatric
17 treatment; or treatment for drug addiction or alcoholism;
18 (5) attend or reside in a facility established for
19 the instruction or residence of defendants on probation;
20 (6) support his dependents;
21 (7) refrain from possessing a firearm or other
22 dangerous weapon;
23 (8) and in addition, if a minor:
24 (i) reside with his parents or in a foster
25 home;
26 (ii) attend school;
27 (iii) attend a non-residential program for
28 youth;
29 (iv) contribute to his own support at home or
30 in a foster home; and
31 (9) make restitution or reparation in an amount not
32 to exceed actual loss or damage to property and pecuniary
33 loss or make restitution under Section 5-5-6 to a
34 domestic violence shelter. The court shall determine the
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1 amount and conditions of payment;
2 (10) perform some reasonable public or community
3 service;
4 (11) comply with the terms and conditions of an
5 order of protection issued by the court pursuant to the
6 Illinois Domestic Violence Act of 1986 or an order of
7 protection issued by the court of another state, tribe,
8 or United States territory. If the court has ordered the
9 defendant to make a report and appear in person under
10 paragraph (1) of this subsection, a copy of the order of
11 protection shall be transmitted to the person or agency
12 so designated by the court;
13 (12) reimburse any "local anti-crime program" as
14 defined in Section 7 of the Anti-Crime Advisory Council
15 Act for any reasonable expenses incurred by the program
16 on the offender's case, not to exceed the maximum amount
17 of the fine authorized for the offense for which the
18 defendant was sentenced;
19 (13) contribute a reasonable sum of money, not to
20 exceed the maximum amount of the fine authorized for the
21 offense for which the defendant was sentenced, to a
22 "local anti-crime program", as defined in Section 7 of
23 the Anti-Crime Advisory Council Act;
24 (14) refrain from entering into a designated
25 geographic area except upon such terms as the court finds
26 appropriate. Such terms may include consideration of the
27 purpose of the entry, the time of day, other persons
28 accompanying the defendant, and advance approval by a
29 probation officer;
30 (15) refrain from having any contact, directly or
31 indirectly, with certain specified persons or particular
32 types of person, including but not limited to members of
33 street gangs and drug users or dealers;
34 (16) refrain from having in his or her body the
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1 presence of any illicit drug prohibited by the Cannabis
2 Control Act or the Illinois Controlled Substances Act,
3 unless prescribed by a physician, and submit samples of
4 his or her blood or urine or both for tests to determine
5 the presence of any illicit drug;
6 (17) refrain from operating any motor vehicle not
7 equipped with an ignition interlock device as defined in
8 Section 1-129.1 of the Illinois Vehicle Code. Under this
9 condition the court may allow a defendant who is not
10 self-employed to operate a vehicle owned by the
11 defendant's employer that is not equipped with an
12 ignition interlock device in the course and scope of the
13 defendant's employment.
14 (d) The court shall defer entering any judgment on the
15 charges until the conclusion of the supervision.
16 (e) At the conclusion of the period of supervision, if
17 the court determines that the defendant has successfully
18 complied with all of the conditions of supervision, the court
19 shall discharge the defendant and enter a judgment dismissing
20 the charges.
21 (f) Discharge and dismissal upon a successful conclusion
22 of a disposition of supervision shall be deemed without
23 adjudication of guilt and shall not be termed a conviction
24 for purposes of disqualification or disabilities imposed by
25 law upon conviction of a crime. Two years after the
26 discharge and dismissal under this Section, unless the
27 disposition of supervision was for a violation of Sections
28 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
29 Vehicle Code or a similar provision of a local ordinance, or
30 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
31 Code of 1961, in which case it shall be 5 years after
32 discharge and dismissal, a person may have his record of
33 arrest sealed or expunged as may be provided by law.
34 However, any defendant placed on supervision before January
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1 1, 1980, may move for sealing or expungement of his arrest
2 record, as provided by law, at any time after discharge and
3 dismissal under this Section. A person placed on supervision
4 for a sexual offense committed against a minor as defined in
5 subsection (g) of Section 5 of the Criminal Identification
6 Act or for a violation of Section 11-501 of the Illinois
7 Vehicle Code or a similar provision of a local ordinance
8 shall not have his or her record of arrest sealed or
9 expunged.
10 (g) A defendant placed on supervision and who during the
11 period of supervision undergoes mandatory drug or alcohol
12 testing, or both, or is assigned to be placed on an approved
13 electronic monitoring device, shall be ordered to pay the
14 costs incidental to such mandatory drug or alcohol testing,
15 or both, and costs incidental to such approved electronic
16 monitoring in accordance with the defendant's ability to pay
17 those costs. The county board with the concurrence of the
18 Chief Judge of the judicial circuit in which the county is
19 located shall establish reasonable fees for the cost of
20 maintenance, testing, and incidental expenses related to the
21 mandatory drug or alcohol testing, or both, and all costs
22 incidental to approved electronic monitoring, of all
23 defendants placed on supervision. The concurrence of the
24 Chief Judge shall be in the form of an administrative order.
25 The fees shall be collected by the clerk of the circuit
26 court. The clerk of the circuit court shall pay all moneys
27 collected from these fees to the county treasurer who shall
28 use the moneys collected to defray the costs of drug testing,
29 alcohol testing, and electronic monitoring. The county
30 treasurer shall deposit the fees collected in the county
31 working cash fund under Section 6-27001 or Section 6-29002 of
32 the Counties Code, as the case may be.
33 (h) A disposition of supervision is a final order for
34 the purposes of appeal.
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1 (i) The court shall impose upon a defendant placed on
2 supervision after January 1, 1992, as a condition of
3 supervision, a fee of $25 for each month of supervision
4 ordered by the court, unless after determining the inability
5 of the person placed on supervision to pay the fee, the court
6 assesses a lesser fee. The court may not impose the fee on a
7 minor who is made a ward of the State under the Juvenile
8 Court Act of 1987 while the minor is in placement. The fee
9 shall be imposed only upon a defendant who is actively
10 supervised by the probation and court services department.
11 The fee shall be collected by the clerk of the circuit court.
12 The clerk of the circuit court shall pay all monies collected
13 from this fee to the county treasurer for deposit in the
14 probation and court services fund pursuant to Section 15.1 of
15 the Probation and Probation Officers Act.
16 (j) All fines and costs imposed under this Section for
17 any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (k) A defendant at least 17 years of age who is placed
24 on supervision for a misdemeanor in a county of 3,000,000 or
25 more inhabitants and who has not been previously convicted of
26 a misdemeanor or felony may as a condition of his or her
27 supervision be required by the court to attend educational
28 courses designed to prepare the defendant for a high school
29 diploma and to work toward a high school diploma or to work
30 toward passing the high school level Test of General
31 Educational Development (GED) or to work toward completing a
32 vocational training program approved by the court. The
33 defendant placed on supervision must attend a public
34 institution of education to obtain the educational or
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1 vocational training required by this subsection (k). The
2 defendant placed on supervision shall be required to pay for
3 the cost of the educational courses or GED test, if a fee is
4 charged for those courses or test. The court shall revoke
5 the supervision of a person who wilfully fails to comply with
6 this subsection (k). The court shall resentence the
7 defendant upon revocation of supervision as provided in
8 Section 5-6-4. This subsection (k) does not apply to a
9 defendant who has a high school diploma or has successfully
10 passed the GED test. This subsection (k) does not apply to a
11 defendant who is determined by the court to be
12 developmentally disabled or otherwise mentally incapable of
13 completing the educational or vocational program.
14 (l) The court shall require a defendant placed on
15 supervision for possession of a substance prohibited by the
16 Cannabis Control Act or Illinois Controlled Substances Act
17 after a previous conviction or disposition of supervision for
18 possession of a substance prohibited by the Cannabis Control
19 Act or Illinois Controlled Substances Act or a sentence of
20 probation under Section 10 of the Cannabis Control Act or
21 Section 410 of the Illinois Controlled Substances Act and
22 after a finding by the court that the person is addicted, to
23 undergo treatment at a substance abuse program approved by
24 the court.
25 (m) The court shall require a defendant placed on
26 supervision for a violation of Section 3-707 of the Illinois
27 Vehicle Code or a similar provision of a local ordinance, as
28 a condition of supervision, to give proof of his or her
29 financial responsibility as defined in Section 7-315 of the
30 Illinois Vehicle Code. The proof shall be maintained by the
31 defendant in a manner satisfactory to the Secretary of State
32 for a minimum period of one year after the date the proof is
33 first filed. The Secretary of State shall suspend the
34 driver's license of any person determined by the Secretary to
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1 be in violation of this subsection.
2 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
3 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
4 1-1-99; 91-127, eff. 1-1-00.)
5 Section 15. The Code of Civil Procedure is amended by
6 changing Sections 12-652, 12-653, and 12-655 as follows:
7 (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
8 Sec. 12-652. Filing and Status of Foreign Judgments.
9 (a) A copy of any foreign judgment authenticated in
10 accordance with the acts of Congress or the statutes of this
11 State may be filed in the office of the circuit clerk for any
12 county of this State. The clerk shall treat the foreign
13 judgment in the same manner as a judgment of the circuit
14 court for any county of this State. A judgment so filed has
15 the same effect and is subject to the same procedures,
16 defenses and proceedings for reopening, vacating, or staying
17 as a judgment of a circuit court for any county of this State
18 and may be enforced or satisfied in like manner.
19 (b) A foreign judgment or lien arising by operation of
20 law, and resulting from an order requiring child support
21 payments shall be entitled to full faith and credit in this
22 State, shall be enforceable in the same manner as any
23 judgment or lien of this State resulting from an order
24 requiring child support payments, and shall not be required
25 to be filed with the office of the circuit clerk in any
26 county of this State, except as provided for in Sections
27 10-25 and 10-25.5 of the Illinois Public Aid Code.
28 (c) A foreign order of protection issued by the court of
29 another state, tribe, or United States territory is entitled
30 to full faith and credit in this State, is enforceable in the
31 same manner as any order of protection issued by a circuit
32 court for any county of this State, and may be filed with the
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1 circuit clerk in any county of this State as provided in
2 Section 222.5 of the Illinois Domestic Violence Act of 1986
3 or Section 22.5 of the Code of Criminal Procedure of 1963. A
4 foreign order of protection shall not be required to be filed
5 with the circuit clerk to be entitled to full faith and
6 credit in this State.
7 (Source: P.A. 90-18, eff. 7-1-97.)
8 (735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
9 Sec. 12-653. Notice of Filing.
10 (a) At the time of the filing of the foreign judgment,
11 the judgment creditor or his lawyer shall make and file with
12 the circuit clerk an affidavit setting forth the name and
13 last known post office address of the judgment debtor, and
14 the judgment creditor.
15 (b) Promptly upon the filing of a the foreign judgment
16 (other than a foreign order of protection) and the affidavit,
17 the clerk shall mail notice of the filing of the foreign
18 judgment to the judgment debtor at the address given and
19 shall make a note of the mailing in the docket. The notice
20 shall include the name and post office address of the
21 judgment creditor and the judgment creditor's lawyer, if any,
22 in this State. In addition, the judgment creditor may mail a
23 notice of the filing of the judgment to the judgment debtor
24 and may file proof of mailing with the clerk. Lack of
25 mailing notice of filing by the clerk shall not affect the
26 enforcement proceedings if proof of mailing by the judgment
27 creditor has been filed.
28 (c) The clerk shall not mail notice of the filing of a
29 foreign order of protection to the respondent named in the
30 order.
31 (Source: P.A. 89-686, eff. 12-31-96.)
32 (735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
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1 Sec. 12-655. Fees.
2 (a) Any person filing a foreign judgment shall pay a fee
3 to the circuit clerk equivalent to the fee which would be
4 required were the person filing a complaint seeking the
5 amount awarded in the foreign judgment. Fees for docketing,
6 transcription or other enforcement proceedings shall be as
7 provided for judgments of the circuit court.
8 (b) The clerk shall not charge a fee to any person to
9 register a foreign order of protection.
10 (Source: P.A. 87-358; 87-895.)
11 Section 20. The Illinois Domestic Violence Act of 1986
12 is amended by adding Section 222.5 and changing Sections 223
13 and 302 as follows:
14 (750 ILCS 60/222.5 new)
15 Sec. 222.5. Filing of an order of protection issued in
16 another state; immunity.
17 (a) A person entitled to protection under an order of
18 protection issued by the court of another state, tribe, or
19 United States territory may file a certified copy of the
20 order of protection with the clerk of the court in a judicial
21 circuit in which the person believes that enforcement may be
22 necessary.
23 (b) The clerk shall:
24 (1) treat the foreign order of protection in the
25 same manner as a judgment of the circuit court for any
26 county of this State in accordance with the provisions of
27 the Uniform Enforcement of Foreign Judgments Act, except
28 that the clerk shall not mail notice of the filing of the
29 foreign order to the respondent named in the order; and
30 (2) on the same day that a foreign order of
31 protection is filed, file a certified copy of that order
32 with the sheriff or other law enforcement officials
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1 charged with maintaining Department of State Police
2 records as set forth in Section 222 of this Act.
3 (c) Neither residence in this State nor filing of a
4 foreign order of protection shall be required for enforcement
5 of the order by this State. Failure to file the foreign
6 order shall not be an impediment to its treatment in all
7 respects as an Illinois order of protection.
8 (d) The clerk shall not charge a fee to file a foreign
9 order of protection under this Section.
10 (e) The sheriff shall inform the Department of State
11 Police as set forth in Section 302 of this Act.
12 (f) A court, a law enforcement officer, or any other
13 person who enforces an order of protection based upon a
14 reasonable belief that the order is valid is immune from
15 civil liability for any action taken based on that belief.
16 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
17 Sec. 223. Enforcement of orders of protection.
18 (a) When violation is crime. A violation of any order of
19 protection, whether issued in a civil or criminal proceeding,
20 may be enforced by a criminal court when:
21 (1) The respondent commits the crime of violation
22 of an order of protection pursuant to Section 12-30 of
23 the Criminal Code of 1961, by having knowingly violated:
24 (i) remedies described in paragraphs (1), (2),
25 (3), or (14), or (14.5) of subsection (b) of Section
26 214 of this Act; or
27 (ii) a remedy, which is substantially similar
28 to the remedies authorized under paragraphs (1),
29 (2), (3), (14), and (14.5) of subsection (b) of
30 Section 214 of this Act, in a valid order of
31 protection which is authorized under the laws of
32 another state, tribe, or United States territory; or
33 (iii) any other remedy when the act
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1 constitutes a crime against the protected parties as
2 defined by the Criminal Code of 1961.
3 Prosecution for a violation of an order of
4 protection shall not bar concurrent prosecution for any
5 other crime, including any crime that may have been
6 committed at the time of the violation of the order of
7 protection; or
8 (2) The respondent commits the crime of child
9 abduction pursuant to Section 10-5 of the Criminal Code
10 of 1961, by having knowingly violated:
11 (i) remedies described in paragraphs (5), (6)
12 or (8) of subsection (b) of Section 214 of this Act;
13 or.
14 (ii) a remedy, which is substantially similar
15 to the remedies authorized under paragraphs (5),
16 (6), or (8) of subsection (b) of Section 214 of this
17 Act, in a valid order of protection which is
18 authorized under the laws of another state, tribe,
19 or United States territory.
20 (b) When violation is contempt of court. A violation of
21 any valid Illinois order of protection, whether issued in a
22 civil or criminal proceeding, may be enforced through civil
23 or criminal contempt procedures, as appropriate, by any court
24 with jurisdiction, regardless where the act or acts which
25 violated the order of protection were committed, to the
26 extent consistent with the venue provisions of this Act.
27 Nothing in this Act shall preclude any Illinois court from
28 enforcing any valid order of protection issued in another
29 state. Illinois courts may enforce orders of protection
30 through both criminal prosecution and contempt proceedings,
31 unless the action which is second in time is barred by
32 collateral estoppel or the constitutional prohibition against
33 double jeopardy.
34 (1) In a contempt proceeding where the petition for
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1 a rule to show cause sets forth facts evidencing an
2 immediate danger that the respondent will flee the
3 jurisdiction, conceal a child, or inflict physical abuse
4 on the petitioner or minor children or on dependent
5 adults in petitioner's care, the court may order the
6 attachment of the respondent without prior service of the
7 rule to show cause or the petition for a rule to show
8 cause. Bond shall be set unless specifically denied in
9 writing.
10 (2) A petition for a rule to show cause for
11 violation of an order of protection shall be treated as
12 an expedited proceeding.
13 (c) Violation of custody or support orders. A violation
14 of remedies described in paragraphs (5), (6), (8), or (9) of
15 subsection (b) of Section 214 of this Act may be enforced by
16 any remedy provided by Section 611 of the Illinois Marriage
17 and Dissolution of Marriage Act. The court may enforce any
18 order for support issued under paragraph (12) of subsection
19 (b) of Section 214 in the manner provided for under Articles
20 V and VII of the Illinois Marriage and Dissolution of
21 Marriage Act.
22 (d) Actual knowledge. An order of protection may be
23 enforced pursuant to this Section if the respondent violates
24 the order after the respondent has actual knowledge of its
25 contents as shown through one of the following means:
26 (1) By service, delivery, or notice under Section
27 210.
28 (2) By notice under Section 210.1 or 211.
29 (3) By service of an order of protection under
30 Section 222.
31 (4) By other means demonstrating actual knowledge
32 of the contents of the order.
33 (e) The enforcement of an order of protection in civil
34 or criminal court shall not be affected by either of the
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1 following:
2 (1) The existence of a separate, correlative order,
3 entered under Section 215.
4 (2) Any finding or order entered in a conjoined
5 criminal proceeding.
6 (f) Circumstances. The court, when determining whether
7 or not a violation of an order of protection has occurred,
8 shall not require physical manifestations of abuse on the
9 person of the victim.
10 (g) Penalties.
11 (1) Except as provided in paragraph (3) of this
12 subsection, where the court finds the commission of a
13 crime or contempt of court under subsections (a) or (b)
14 of this Section, the penalty shall be the penalty that
15 generally applies in such criminal or contempt
16 proceedings, and may include one or more of the
17 following: incarceration, payment of restitution, a fine,
18 payment of attorneys' fees and costs, or community
19 service.
20 (2) The court shall hear and take into account
21 evidence of any factors in aggravation or mitigation
22 before deciding an appropriate penalty under paragraph
23 (1) of this subsection.
24 (3) To the extent permitted by law, the court is
25 encouraged to:
26 (i) increase the penalty for the knowing
27 violation of any order of protection over any
28 penalty previously imposed by any court for
29 respondent's violation of any order of protection or
30 penal statute involving petitioner as victim and
31 respondent as defendant;
32 (ii) impose a minimum penalty of 24 hours
33 imprisonment for respondent's first violation of any
34 order of protection; and
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1 (iii) impose a minimum penalty of 48 hours
2 imprisonment for respondent's second or subsequent
3 violation of an order of protection
4 unless the court explicitly finds that an increased
5 penalty or that period of imprisonment would be
6 manifestly unjust.
7 (4) In addition to any other penalties imposed for
8 a violation of an order of protection, a criminal court
9 may consider evidence of any violations of an order of
10 protection:
11 (i) to increase, revoke or modify the bail
12 bond on an underlying criminal charge pursuant to
13 Section 110-6 of the Code of Criminal Procedure of
14 1963;
15 (ii) to revoke or modify an order of
16 probation, conditional discharge or supervision,
17 pursuant to Section 5-6-4 of the Unified Code of
18 Corrections;
19 (iii) to revoke or modify a sentence of
20 periodic imprisonment, pursuant to Section 5-7-2 of
21 the Unified Code of Corrections.
22 (5) In addition to any other penalties, the court
23 shall impose an additional fine of $20 as authorized by
24 Section 5-9-1.11 of the Unified Code of Corrections upon
25 any person convicted of or placed on supervision for a
26 violation of an order of protection. The additional fine
27 shall be imposed for each violation of this Section.
28 (Source: P.A. 90-241, eff. 1-1-98.)
29 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
30 Sec. 302. Data maintenance by law enforcement agencies.
31 (a) All sheriffs shall furnish to the Department of
32 State Police, on the same day as received, in the form and
33 detail the Department requires, copies of any recorded
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1 emergency, interim, or plenary orders of protection issued
2 by the court, and any foreign orders of protection filed by
3 the clerk of the court, and transmitted to the sheriff by the
4 clerk of the court pursuant to subsection (b) of Section 222
5 of this Act. Each order of protection shall be entered in the
6 Law Enforcement Automated Data System on the same day it is
7 issued by the court. If an emergency order of protection was
8 issued in accordance with subsection (c) of Section 217, the
9 order shall be entered in the Law Enforcement Automated Data
10 System as soon as possible after receipt from the clerk.
11 (b) The Department of State Police shall maintain a
12 complete and systematic record and index of all valid and
13 recorded orders of protection issued pursuant to this Act.
14 The data shall be used to inform all dispatchers and law
15 enforcement officers at the scene of an alleged incident of
16 abuse, neglect, or exploitation or violation of an order of
17 protection of any recorded prior incident of abuse, neglect,
18 or exploitation involving the abused, neglected, or exploited
19 party and the effective dates and terms of any recorded order
20 of protection.
21 (c) The data, records and transmittals required under
22 this Section shall pertain to any valid emergency, interim or
23 plenary order of protection, whether issued in a civil or
24 criminal proceeding or authorized under the laws of another
25 state, tribe, or United States territory.
26 (Source: P.A. 90-392, eff. 1-1-98.)