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91_SB1655eng SB1655 Engrossed 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 SB1655 Engrossed -2- LRB9109196DJcd 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, forgoforegothe 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 SB1655 Engrossed -3- LRB9109196DJcd 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; SB1655 Engrossed -4- LRB9109196DJcd 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;or15 (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 SB1655 Engrossed -5- LRB9109196DJcd 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: SB1655 Engrossed -6- LRB9109196DJcd 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; SB1655 Engrossed -7- LRB9109196DJcd 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 SB1655 Engrossed -8- LRB9109196DJcd 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 SB1655 Engrossed -9- LRB9109196DJcd 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; SB1655 Engrossed -10- LRB9109196DJcd 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: SB1655 Engrossed -11- LRB9109196DJcd 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 SB1655 Engrossed -12- LRB9109196DJcd 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 SB1655 Engrossed -13- LRB9109196DJcd 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 SB1655 Engrossed -14- LRB9109196DJcd 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 SB1655 Engrossed -15- LRB9109196DJcd 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 SB1655 Engrossed -16- LRB9109196DJcd 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 SB1655 Engrossed -17- LRB9109196DJcd 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 SB1655 Engrossed -18- LRB9109196DJcd 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. SB1655 Engrossed -19- LRB9109196DJcd 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. SB1655 Engrossed -20- LRB9109196DJcd 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 SB1655 Engrossed -21- LRB9109196DJcd 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 SB1655 Engrossed -22- LRB9109196DJcd 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 SB1655 Engrossed -23- LRB9109196DJcd 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. SB1655 Engrossed -24- LRB9109196DJcd 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 SB1655 Engrossed -25- LRB9109196DJcd 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 SB1655 Engrossed -26- LRB9109196DJcd 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 SB1655 Engrossed -27- LRB9109196DJcd 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 atheforeign 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) SB1655 Engrossed -28- LRB9109196DJcd 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 SB1655 Engrossed -29- LRB9109196DJcd 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 SB1655 Engrossed -30- LRB9109196DJcd 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 SB1655 Engrossed -31- LRB9109196DJcd 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 SB1655 Engrossed -32- LRB9109196DJcd 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 SB1655 Engrossed -33- LRB9109196DJcd 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 SB1655 Engrossed -34- LRB9109196DJcd 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.)