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91_SB1655enr SB1655 Enrolled 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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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 Enrolled -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. 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 Enrolled -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 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28) 7 Sec. 112A-28. Data maintenance by law enforcement 8 agencies. 9 (a) All sheriffs shall furnish to the Department of 10 State Police, daily, in the form and detail the Department 11 requires, copies of any recorded orders of protection issued 12 by the court, and any foreign orders of protection filed by 13 the clerk of the court, and transmitted to the sheriff by the 14 clerk of the court pursuant to subsection (b) of Section 15 112A-22 of this Act. Each order of protection shall be 16 entered in the Law Enforcement Automated Data System on the 17 same day it is issued by the court. If an emergency order of 18 protection was issued in accordance with subsection (c) of 19 Section 112A-17, the order shall be entered in the Law 20 Enforcement Automated Data System as soon as possible after 21 receipt from the clerk. 22 (b) The Department of State Police shall maintain a 23 complete and systematic record and index of all valid and 24 recorded orders of protection issued or filed pursuant to 25 this Act. The data shall be used to inform all dispatchers 26 and law enforcement officers at the scene of an alleged 27 incident of abuse or violation of an order of protection of 28 any recorded prior incident of abuse involving the abused 29 party and the effective dates and terms of any recorded order 30 of protection. 31 (c) The data, records and transmittals required under 32 this Section shall pertain to any valid emergency, interim or 33 plenary order of protection, whether issued in a civil or SB1655 Enrolled -9- LRB9109196DJcd 1 criminal proceeding or authorized under the laws of another 2 state, tribe, or United States territory. 3 (Source: P.A. 90-392, eff. 1-1-98.) 4 Section 10. The Unified Code of Corrections is amended 5 by changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows: 6 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) 7 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 8 Release. (a) The conditions of parole or mandatory supervised 9 release shall be such as the Prisoner Review Board deems 10 necessary to assist the subject in leading a law-abiding 11 life. The conditions of every parole and mandatory supervised 12 release are that the subject: 13 (1) not violate any criminal statute of any jurisdiction 14 during the parole or release term; and 15 (2) refrain from possessing a firearm or other dangerous 16 weapon. 17 (b) The Board may in addition to other conditions 18 require that the subject: 19 (1) work or pursue a course of study or vocational 20 training; 21 (2) undergo medical or psychiatric treatment, or 22 treatment for drug addiction or alcoholism; 23 (3) attend or reside in a facility established for the 24 instruction or residence of persons on probation or parole; 25 (4) support his dependents; 26 (5) report to an agent of the Department of Corrections; 27 (6) permit the agent to visit him at his home or 28 elsewhere to the extent necessary to discharge his duties; 29 (7) comply with the terms and conditions of an order of 30 protection issued pursuant to the Illinois Domestic Violence 31 Act of 1986, enacted by the 84th General Assembly, or an 32 order of protection issued by the court of another state, SB1655 Enrolled -10- LRB9109196DJcd 1 tribe, or United States territory. 2 (8) and, in addition, if a minor: 3 (i) reside with his parents or in a foster home; 4 (ii) attend school; 5 (iii) attend a non-residential program for youth; 6 (iv) contribute to his own support at home or in a 7 foster home. 8 (c) The conditions under which the parole or mandatory 9 supervised release is to be served shall be communicated to 10 the person in writing prior to his release, and he shall sign 11 the same before release. A signed copy of these conditions, 12 including a copy of an order of protection where one had been 13 issued by the criminal court, shall be retained by the person 14 and another copy forwarded to the officer in charge of his 15 supervision. 16 (d) After a hearing under Section 3-3-9, the Prisoner 17 Review Board may modify or enlarge the conditions of parole 18 or mandatory supervised release. 19 (e) The Department shall inform all offenders committed 20 to the Department of the optional services available to them 21 upon release and shall assist inmates in availing themselves 22 of such optional services upon their release on a voluntary 23 basis. 24 (Source: P.A. 84-1305.) 25 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 26 Sec. 5-6-3. Conditions of Probation and of Conditional 27 Discharge. 28 (a) The conditions of probation and of conditional 29 discharge shall be that the person: 30 (1) not violate any criminal statute of any 31 jurisdiction; 32 (2) report to or appear in person before such 33 person or agency as directed by the court; SB1655 Enrolled -11- LRB9109196DJcd 1 (3) refrain from possessing a firearm or other 2 dangerous weapon; 3 (4) not leave the State without the consent of the 4 court or, in circumstances in which the reason for the 5 absence is of such an emergency nature that prior consent 6 by the court is not possible, without the prior 7 notification and approval of the person's probation 8 officer; 9 (5) permit the probation officer to visit him at 10 his home or elsewhere to the extent necessary to 11 discharge his duties; 12 (6) perform no less than 30 hours of community 13 service and not more than 120 hours of community service, 14 if community service is available in the jurisdiction and 15 is funded and approved by the county board where the 16 offense was committed, where the offense was related to 17 or in furtherance of the criminal activities of an 18 organized gang and was motivated by the offender's 19 membership in or allegiance to an organized gang. The 20 community service shall include, but not be limited to, 21 the cleanup and repair of any damage caused by a 22 violation of Section 21-1.3 of the Criminal Code of 1961 23 and similar damage to property located within the 24 municipality or county in which the violation occurred. 25 When possible and reasonable, the community service 26 should be performed in the offender's neighborhood. For 27 purposes of this Section, "organized gang" has the 28 meaning ascribed to it in Section 10 of the Illinois 29 Streetgang Terrorism Omnibus Prevention Act; 30 (7) if he or she is at least 17 years of age and 31 has been sentenced to probation or conditional discharge 32 for a misdemeanor or felony in a county of 3,000,000 or 33 more inhabitants and has not been previously convicted of 34 a misdemeanor or felony, may be required by the SB1655 Enrolled -12- LRB9109196DJcd 1 sentencing court to attend educational courses designed 2 to prepare the defendant for a high school diploma and to 3 work toward a high school diploma or to work toward 4 passing the high school level Test of General Educational 5 Development (GED) or to work toward completing a 6 vocational training program approved by the court. The 7 person on probation or conditional discharge must attend 8 a public institution of education to obtain the 9 educational or vocational training required by this 10 clause (7). The court shall revoke the probation or 11 conditional discharge of a person who wilfully fails to 12 comply with this clause (7). The person on probation or 13 conditional discharge shall be required to pay for the 14 cost of the educational courses or GED test, if a fee is 15 charged for those courses or test. The court shall 16 resentence the offender whose probation or conditional 17 discharge has been revoked as provided in Section 5-6-4. 18 This clause (7) does not apply to a person who has a high 19 school diploma or has successfully passed the GED test. 20 This clause (7) does not apply to a person who is 21 determined by the court to be developmentally disabled or 22 otherwise mentally incapable of completing the 23 educational or vocational program; and 24 (8) if convicted of possession of a substance 25 prohibited by the Cannabis Control Act or Illinois 26 Controlled Substances Act after a previous conviction or 27 disposition of supervision for possession of a substance 28 prohibited by the Cannabis Control Act or Illinois 29 Controlled Substances Act or after a sentence of 30 probation under Section 10 of the Cannabis Control Act or 31 Section 410 of the Illinois Controlled Substances Act and 32 upon a finding by the court that the person is addicted, 33 undergo treatment at a substance abuse program approved 34 by the court. SB1655 Enrolled -13- LRB9109196DJcd 1 (b) The Court may in addition to other reasonable 2 conditions relating to the nature of the offense or the 3 rehabilitation of the defendant as determined for each 4 defendant in the proper discretion of the Court require that 5 the person: 6 (1) serve a term of periodic imprisonment under 7 Article 7 for a period not to exceed that specified in 8 paragraph (d) of Section 5-7-1; 9 (2) pay a fine and costs; 10 (3) work or pursue a course of study or vocational 11 training; 12 (4) undergo medical, psychological or psychiatric 13 treatment; or treatment for drug addiction or alcoholism; 14 (5) attend or reside in a facility established for 15 the instruction or residence of defendants on probation; 16 (6) support his dependents; 17 (7) and in addition, if a minor: 18 (i) reside with his parents or in a foster 19 home; 20 (ii) attend school; 21 (iii) attend a non-residential program for 22 youth; 23 (iv) contribute to his own support at home or 24 in a foster home; 25 (8) make restitution as provided in Section 5-5-6 26 of this Code; 27 (9) perform some reasonable public or community 28 service; 29 (10) serve a term of home confinement. In addition 30 to any other applicable condition of probation or 31 conditional discharge, the conditions of home confinement 32 shall be that the offender: 33 (i) remain within the interior premises of the 34 place designated for his confinement during the SB1655 Enrolled -14- LRB9109196DJcd 1 hours designated by the court; 2 (ii) admit any person or agent designated by 3 the court into the offender's place of confinement 4 at any time for purposes of verifying the offender's 5 compliance with the conditions of his confinement; 6 and 7 (iii) if further deemed necessary by the court 8 or the Probation or Court Services Department, be 9 placed on an approved electronic monitoring device, 10 subject to Article 8A of Chapter V; 11 (iv) for persons convicted of any alcohol, 12 cannabis or controlled substance violation who are 13 placed on an approved monitoring device as a 14 condition of probation or conditional discharge, the 15 court shall impose a reasonable fee for each day of 16 the use of the device, as established by the county 17 board in subsection (g) of this Section, unless 18 after determining the inability of the offender to 19 pay the fee, the court assesses a lesser fee or no 20 fee as the case may be. This fee shall be imposed in 21 addition to the fees imposed under subsections (g) 22 and (i) of this Section. The fee shall be collected 23 by the clerk of the circuit court. The clerk of the 24 circuit court shall pay all monies collected from 25 this fee to the county treasurer for deposit in the 26 substance abuse services fund under Section 5-1086.1 27 of the Counties Code; and 28 (v) for persons convicted of offenses other 29 than those referenced in clause (iv) above and who 30 are placed on an approved monitoring device as a 31 condition of probation or conditional discharge, the 32 court shall impose a reasonable fee for each day of 33 the use of the device, as established by the county 34 board in subsection (g) of this Section, unless SB1655 Enrolled -15- LRB9109196DJcd 1 after determining the inability of the defendant to 2 pay the fee, the court assesses a lesser fee or no 3 fee as the case may be. This fee shall be imposed 4 in addition to the fees imposed under subsections 5 (g) and (i) of this Section. The fee shall be 6 collected by the clerk of the circuit court. The 7 clerk of the circuit court shall pay all monies 8 collected from this fee to the county treasurer who 9 shall use the monies collected to defray the costs 10 of corrections. The county treasurer shall deposit 11 the fee collected in the county working cash fund 12 under Section 6-27001 or Section 6-29002 of the 13 Counties Code, as the case may be. 14 (11) comply with the terms and conditions of an 15 order of protection issued by the court pursuant to the 16 Illinois Domestic Violence Act of 1986, as now or 17 hereafter amended, or an order of protection issued by 18 the court of another state, tribe, or United States 19 territory. A copy of the order of protection shall be 20 transmitted to the probation officer or agency having 21 responsibility for the case; 22 (12) reimburse any "local anti-crime program" as 23 defined in Section 7 of the Anti-Crime Advisory Council 24 Act for any reasonable expenses incurred by the program 25 on the offender's case, not to exceed the maximum amount 26 of the fine authorized for the offense for which the 27 defendant was sentenced; 28 (13) contribute a reasonable sum of money, not to 29 exceed the maximum amount of the fine authorized for the 30 offense for which the defendant was sentenced, to a 31 "local anti-crime program", as defined in Section 7 of 32 the Anti-Crime Advisory Council Act; 33 (14) refrain from entering into a designated 34 geographic area except upon such terms as the court finds SB1655 Enrolled -16- LRB9109196DJcd 1 appropriate. Such terms may include consideration of the 2 purpose of the entry, the time of day, other persons 3 accompanying the defendant, and advance approval by a 4 probation officer, if the defendant has been placed on 5 probation or advance approval by the court, if the 6 defendant was placed on conditional discharge; 7 (15) refrain from having any contact, directly or 8 indirectly, with certain specified persons or particular 9 types of persons, including but not limited to members of 10 street gangs and drug users or dealers; 11 (16) refrain from having in his or her body the 12 presence of any illicit drug prohibited by the Cannabis 13 Control Act or the Illinois Controlled Substances Act, 14 unless prescribed by a physician, and submit samples of 15 his or her blood or urine or both for tests to determine 16 the presence of any illicit drug. 17 (c) The court may as a condition of probation or of 18 conditional discharge require that a person under 18 years of 19 age found guilty of any alcohol, cannabis or controlled 20 substance violation, refrain from acquiring a driver's 21 license during the period of probation or conditional 22 discharge. If such person is in possession of a permit or 23 license, the court may require that the minor refrain from 24 driving or operating any motor vehicle during the period of 25 probation or conditional discharge, except as may be 26 necessary in the course of the minor's lawful employment. 27 (d) An offender sentenced to probation or to conditional 28 discharge shall be given a certificate setting forth the 29 conditions thereof. 30 (e) The court shall not require as a condition of the 31 sentence of probation or conditional discharge that the 32 offender be committed to a period of imprisonment in excess 33 of 6 months. This 6 month limit shall not include periods of 34 confinement given pursuant to a sentence of county impact SB1655 Enrolled -17- LRB9109196DJcd 1 incarceration under Section 5-8-1.2. 2 Persons committed to imprisonment as a condition of 3 probation or conditional discharge shall not be committed to 4 the Department of Corrections. 5 (f) The court may combine a sentence of periodic 6 imprisonment under Article 7 or a sentence to a county impact 7 incarceration program under Article 8 with a sentence of 8 probation or conditional discharge. 9 (g) An offender sentenced to probation or to conditional 10 discharge and who during the term of either undergoes 11 mandatory drug or alcohol testing, or both, or is assigned to 12 be placed on an approved electronic monitoring device, shall 13 be ordered to pay all costs incidental to such mandatory drug 14 or alcohol testing, or both, and all costs incidental to such 15 approved electronic monitoring in accordance with the 16 defendant's ability to pay those costs. The county board 17 with the concurrence of the Chief Judge of the judicial 18 circuit in which the county is located shall establish 19 reasonable fees for the cost of maintenance, testing, and 20 incidental expenses related to the mandatory drug or alcohol 21 testing, or both, and all costs incidental to approved 22 electronic monitoring, involved in a successful probation 23 program for the county. The concurrence of the Chief Judge 24 shall be in the form of an administrative order. The fees 25 shall be collected by the clerk of the circuit court. The 26 clerk of the circuit court shall pay all moneys collected 27 from these fees to the county treasurer who shall use the 28 moneys collected to defray the costs of drug testing, alcohol 29 testing, and electronic monitoring. The county treasurer 30 shall deposit the fees collected in the county working cash 31 fund under Section 6-27001 or Section 6-29002 of the Counties 32 Code, as the case may be. 33 (h) Jurisdiction over an offender may be transferred 34 from the sentencing court to the court of another circuit SB1655 Enrolled -18- LRB9109196DJcd 1 with the concurrence of both courts, or to another state 2 under an Interstate Probation Reciprocal Agreement as 3 provided in Section 3-3-11. Further transfers or retransfers 4 of jurisdiction are also authorized in the same manner. The 5 court to which jurisdiction has been transferred shall have 6 the same powers as the sentencing court. 7 (i) The court shall impose upon an offender sentenced to 8 probation after January 1, 1989 or to conditional discharge 9 after January 1, 1992, as a condition of such probation or 10 conditional discharge, a fee of $25 for each month of 11 probation or conditional discharge supervision ordered by the 12 court, unless after determining the inability of the person 13 sentenced to probation or conditional discharge to pay the 14 fee, the court assesses a lesser fee. The court may not 15 impose the fee on a minor who is made a ward of the State 16 under the Juvenile Court Act of 1987 while the minor is in 17 placement. The fee shall be imposed only upon an offender who 18 is actively supervised by the probation and court services 19 department. The fee shall be collected by the clerk of the 20 circuit court. The clerk of the circuit court shall pay all 21 monies collected from this fee to the county treasurer for 22 deposit in the probation and court services fund under 23 Section 15.1 of the Probation and Probation Officers Act. 24 (j) All fines and costs imposed under this Section for 25 any violation of Chapters 3, 4, 6, and 11 of the Illinois 26 Vehicle Code, or a similar provision of a local ordinance, 27 and any violation of the Child Passenger Protection Act, or a 28 similar provision of a local ordinance, shall be collected 29 and disbursed by the circuit clerk as provided under Section 30 27.5 of the Clerks of Courts Act. 31 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 32 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 33 7-29-99.) SB1655 Enrolled -19- LRB9109196DJcd 1 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 2 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 3 (a) When a defendant is placed on supervision, the court 4 shall enter an order for supervision specifying the period of 5 such supervision, and shall defer further proceedings in the 6 case until the conclusion of the period. 7 (b) The period of supervision shall be reasonable under 8 all of the circumstances of the case, but may not be longer 9 than 2 years, unless the defendant has failed to pay the 10 assessment required by Section 10.3 of the Cannabis Control 11 Act or Section 411.2 of the Illinois Controlled Substances 12 Act, in which case the court may extend supervision beyond 2 13 years. Additionally, the court shall order the defendant to 14 perform no less than 30 hours of community service and not 15 more than 120 hours of community service, if community 16 service is available in the jurisdiction and is funded and 17 approved by the county board where the offense was committed, 18 when the offense (1) was related to or in furtherance of the 19 criminal activities of an organized gang or was motivated by 20 the defendant's membership in or allegiance to an organized 21 gang; or (2) is a violation of any Section of Article 24 of 22 the Criminal Code of 1961 where a disposition of supervision 23 is not prohibited by Section 5-6-1 of this Code. The 24 community service shall include, but not be limited to, the 25 cleanup and repair of any damage caused by violation of 26 Section 21-1.3 of the Criminal Code of 1961 and similar 27 damages to property located within the municipality or county 28 in which the violation occurred. Where possible and 29 reasonable, the community service should be performed in the 30 offender's neighborhood. 31 For the purposes of this Section, "organized gang" has 32 the meaning ascribed to it in Section 10 of the Illinois 33 Streetgang Terrorism Omnibus Prevention Act. 34 (c) The court may in addition to other reasonable SB1655 Enrolled -20- LRB9109196DJcd 1 conditions relating to the nature of the offense or the 2 rehabilitation of the defendant as determined for each 3 defendant in the proper discretion of the court require that 4 the person: 5 (1) make a report to and appear in person before or 6 participate with the court or such courts, person, or 7 social service agency as directed by the court in the 8 order of supervision; 9 (2) pay a fine and costs; 10 (3) work or pursue a course of study or vocational 11 training; 12 (4) undergo medical, psychological or psychiatric 13 treatment; or treatment for drug addiction or alcoholism; 14 (5) attend or reside in a facility established for 15 the instruction or residence of defendants on probation; 16 (6) support his dependents; 17 (7) refrain from possessing a firearm or other 18 dangerous weapon; 19 (8) and in addition, if a minor: 20 (i) reside with his parents or in a foster 21 home; 22 (ii) attend school; 23 (iii) attend a non-residential program for 24 youth; 25 (iv) contribute to his own support at home or 26 in a foster home; and 27 (9) make restitution or reparation in an amount not 28 to exceed actual loss or damage to property and pecuniary 29 loss or make restitution under Section 5-5-6 to a 30 domestic violence shelter. The court shall determine the 31 amount and conditions of payment; 32 (10) perform some reasonable public or community 33 service; 34 (11) comply with the terms and conditions of an SB1655 Enrolled -21- LRB9109196DJcd 1 order of protection issued by the court pursuant to the 2 Illinois Domestic Violence Act of 1986 or an order of 3 protection issued by the court of another state, tribe, 4 or United States territory. If the court has ordered the 5 defendant to make a report and appear in person under 6 paragraph (1) of this subsection, a copy of the order of 7 protection shall be transmitted to the person or agency 8 so designated by the court; 9 (12) reimburse any "local anti-crime program" as 10 defined in Section 7 of the Anti-Crime Advisory Council 11 Act for any reasonable expenses incurred by the program 12 on the offender's case, not to exceed the maximum amount 13 of the fine authorized for the offense for which the 14 defendant was sentenced; 15 (13) contribute a reasonable sum of money, not to 16 exceed the maximum amount of the fine authorized for the 17 offense for which the defendant was sentenced, to a 18 "local anti-crime program", as defined in Section 7 of 19 the Anti-Crime Advisory Council Act; 20 (14) refrain from entering into a designated 21 geographic area except upon such terms as the court finds 22 appropriate. Such terms may include consideration of the 23 purpose of the entry, the time of day, other persons 24 accompanying the defendant, and advance approval by a 25 probation officer; 26 (15) refrain from having any contact, directly or 27 indirectly, with certain specified persons or particular 28 types of person, including but not limited to members of 29 street gangs and drug users or dealers; 30 (16) refrain from having in his or her body the 31 presence of any illicit drug prohibited by the Cannabis 32 Control Act or the Illinois Controlled Substances Act, 33 unless prescribed by a physician, and submit samples of 34 his or her blood or urine or both for tests to determine SB1655 Enrolled -22- LRB9109196DJcd 1 the presence of any illicit drug; 2 (17) refrain from operating any motor vehicle not 3 equipped with an ignition interlock device as defined in 4 Section 1-129.1 of the Illinois Vehicle Code. Under this 5 condition the court may allow a defendant who is not 6 self-employed to operate a vehicle owned by the 7 defendant's employer that is not equipped with an 8 ignition interlock device in the course and scope of the 9 defendant's employment. 10 (d) The court shall defer entering any judgment on the 11 charges until the conclusion of the supervision. 12 (e) At the conclusion of the period of supervision, if 13 the court determines that the defendant has successfully 14 complied with all of the conditions of supervision, the court 15 shall discharge the defendant and enter a judgment dismissing 16 the charges. 17 (f) Discharge and dismissal upon a successful conclusion 18 of a disposition of supervision shall be deemed without 19 adjudication of guilt and shall not be termed a conviction 20 for purposes of disqualification or disabilities imposed by 21 law upon conviction of a crime. Two years after the 22 discharge and dismissal under this Section, unless the 23 disposition of supervision was for a violation of Sections 24 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 25 Vehicle Code or a similar provision of a local ordinance, or 26 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 27 Code of 1961, in which case it shall be 5 years after 28 discharge and dismissal, a person may have his record of 29 arrest sealed or expunged as may be provided by law. 30 However, any defendant placed on supervision before January 31 1, 1980, may move for sealing or expungement of his arrest 32 record, as provided by law, at any time after discharge and 33 dismissal under this Section. A person placed on supervision 34 for a sexual offense committed against a minor as defined in SB1655 Enrolled -23- LRB9109196DJcd 1 subsection (g) of Section 5 of the Criminal Identification 2 Act or for a violation of Section 11-501 of the Illinois 3 Vehicle Code or a similar provision of a local ordinance 4 shall not have his or her record of arrest sealed or 5 expunged. 6 (g) A defendant placed on supervision and who during the 7 period of supervision undergoes mandatory drug or alcohol 8 testing, or both, or is assigned to be placed on an approved 9 electronic monitoring device, shall be ordered to pay the 10 costs incidental to such mandatory drug or alcohol testing, 11 or both, and costs incidental to such approved electronic 12 monitoring in accordance with the defendant's ability to pay 13 those costs. The county board with the concurrence of the 14 Chief Judge of the judicial circuit in which the county is 15 located shall establish reasonable fees for the cost of 16 maintenance, testing, and incidental expenses related to the 17 mandatory drug or alcohol testing, or both, and all costs 18 incidental to approved electronic monitoring, of all 19 defendants placed on supervision. The concurrence of the 20 Chief Judge shall be in the form of an administrative order. 21 The fees shall be collected by the clerk of the circuit 22 court. The clerk of the circuit court shall pay all moneys 23 collected from these fees to the county treasurer who shall 24 use the moneys collected to defray the costs of drug testing, 25 alcohol testing, and electronic monitoring. The county 26 treasurer shall deposit the fees collected in the county 27 working cash fund under Section 6-27001 or Section 6-29002 of 28 the Counties Code, as the case may be. 29 (h) A disposition of supervision is a final order for 30 the purposes of appeal. 31 (i) The court shall impose upon a defendant placed on 32 supervision after January 1, 1992, as a condition of 33 supervision, a fee of $25 for each month of supervision 34 ordered by the court, unless after determining the inability SB1655 Enrolled -24- LRB9109196DJcd 1 of the person placed on supervision to pay the fee, the court 2 assesses a lesser fee. The court may not impose the fee on a 3 minor who is made a ward of the State under the Juvenile 4 Court Act of 1987 while the minor is in placement. The fee 5 shall be imposed only upon a defendant who is actively 6 supervised by the probation and court services department. 7 The fee shall be collected by the clerk of the circuit court. 8 The clerk of the circuit court shall pay all monies collected 9 from this fee to the county treasurer for deposit in the 10 probation and court services fund pursuant to Section 15.1 of 11 the Probation and Probation Officers Act. 12 (j) All fines and costs imposed under this Section for 13 any violation of Chapters 3, 4, 6, and 11 of the Illinois 14 Vehicle Code, or a similar provision of a local ordinance, 15 and any violation of the Child Passenger Protection Act, or a 16 similar provision of a local ordinance, shall be collected 17 and disbursed by the circuit clerk as provided under Section 18 27.5 of the Clerks of Courts Act. 19 (k) A defendant at least 17 years of age who is placed 20 on supervision for a misdemeanor in a county of 3,000,000 or 21 more inhabitants and who has not been previously convicted of 22 a misdemeanor or felony may as a condition of his or her 23 supervision be required by the court to attend educational 24 courses designed to prepare the defendant for a high school 25 diploma and to work toward a high school diploma or to work 26 toward passing the high school level Test of General 27 Educational Development (GED) or to work toward completing a 28 vocational training program approved by the court. The 29 defendant placed on supervision must attend a public 30 institution of education to obtain the educational or 31 vocational training required by this subsection (k). The 32 defendant placed on supervision shall be required to pay for 33 the cost of the educational courses or GED test, if a fee is 34 charged for those courses or test. The court shall revoke SB1655 Enrolled -25- LRB9109196DJcd 1 the supervision of a person who wilfully fails to comply with 2 this subsection (k). The court shall resentence the 3 defendant upon revocation of supervision as provided in 4 Section 5-6-4. This subsection (k) does not apply to a 5 defendant who has a high school diploma or has successfully 6 passed the GED test. This subsection (k) does not apply to a 7 defendant who is determined by the court to be 8 developmentally disabled or otherwise mentally incapable of 9 completing the educational or vocational program. 10 (l) The court shall require a defendant placed on 11 supervision for possession of a substance prohibited by the 12 Cannabis Control Act or Illinois Controlled Substances Act 13 after a previous conviction or disposition of supervision for 14 possession of a substance prohibited by the Cannabis Control 15 Act or Illinois Controlled Substances Act or a sentence of 16 probation under Section 10 of the Cannabis Control Act or 17 Section 410 of the Illinois Controlled Substances Act and 18 after a finding by the court that the person is addicted, to 19 undergo treatment at a substance abuse program approved by 20 the court. 21 (m) The court shall require a defendant placed on 22 supervision for a violation of Section 3-707 of the Illinois 23 Vehicle Code or a similar provision of a local ordinance, as 24 a condition of supervision, to give proof of his or her 25 financial responsibility as defined in Section 7-315 of the 26 Illinois Vehicle Code. The proof shall be maintained by the 27 defendant in a manner satisfactory to the Secretary of State 28 for a minimum period of one year after the date the proof is 29 first filed. The Secretary of State shall suspend the 30 driver's license of any person determined by the Secretary to 31 be in violation of this subsection. 32 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 33 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 34 1-1-99; 91-127, eff. 1-1-00.) SB1655 Enrolled -26- LRB9109196DJcd 1 Section 15. The Code of Civil Procedure is amended by 2 changing Sections 12-652, 12-653, and 12-655 as follows: 3 (735 ILCS 5/12-652) (from Ch. 110, par. 12-652) 4 Sec. 12-652. Filing and Status of Foreign Judgments. 5 (a) A copy of any foreign judgment authenticated in 6 accordance with the acts of Congress or the statutes of this 7 State may be filed in the office of the circuit clerk for any 8 county of this State. The clerk shall treat the foreign 9 judgment in the same manner as a judgment of the circuit 10 court for any county of this State. A judgment so filed has 11 the same effect and is subject to the same procedures, 12 defenses and proceedings for reopening, vacating, or staying 13 as a judgment of a circuit court for any county of this State 14 and may be enforced or satisfied in like manner. 15 (b) A foreign judgment or lien arising by operation of 16 law, and resulting from an order requiring child support 17 payments shall be entitled to full faith and credit in this 18 State, shall be enforceable in the same manner as any 19 judgment or lien of this State resulting from an order 20 requiring child support payments, and shall not be required 21 to be filed with the office of the circuit clerk in any 22 county of this State, except as provided for in Sections 23 10-25 and 10-25.5 of the Illinois Public Aid Code. 24 (c) A foreign order of protection issued by the court of 25 another state, tribe, or United States territory is entitled 26 to full faith and credit in this State, is enforceable in the 27 same manner as any order of protection issued by a circuit 28 court for any county of this State, and may be filed with the 29 circuit clerk in any county of this State as provided in 30 Section 222.5 of the Illinois Domestic Violence Act of 1986 31 or Section 22.5 of the Code of Criminal Procedure of 1963. A 32 foreign order of protection shall not be required to be filed 33 with the circuit clerk to be entitled to full faith and SB1655 Enrolled -27- LRB9109196DJcd 1 credit in this State. 2 (Source: P.A. 90-18, eff. 7-1-97.) 3 (735 ILCS 5/12-653) (from Ch. 110, par. 12-653) 4 Sec. 12-653. Notice of Filing. 5 (a) At the time of the filing of the foreign judgment, 6 the judgment creditor or his lawyer shall make and file with 7 the circuit clerk an affidavit setting forth the name and 8 last known post office address of the judgment debtor, and 9 the judgment creditor. 10 (b) Promptly upon the filing of atheforeign judgment 11 (other than a foreign order of protection) and the affidavit, 12 the clerk shall mail notice of the filing of the foreign 13 judgment to the judgment debtor at the address given and 14 shall make a note of the mailing in the docket. The notice 15 shall include the name and post office address of the 16 judgment creditor and the judgment creditor's lawyer, if any, 17 in this State. In addition, the judgment creditor may mail a 18 notice of the filing of the judgment to the judgment debtor 19 and may file proof of mailing with the clerk. Lack of 20 mailing notice of filing by the clerk shall not affect the 21 enforcement proceedings if proof of mailing by the judgment 22 creditor has been filed. 23 (c) The clerk shall not mail notice of the filing of a 24 foreign order of protection to the respondent named in the 25 order. 26 (Source: P.A. 89-686, eff. 12-31-96.) 27 (735 ILCS 5/12-655) (from Ch. 110, par. 12-655) 28 Sec. 12-655. Fees. 29 (a) Any person filing a foreign judgment shall pay a fee 30 to the circuit clerk equivalent to the fee which would be 31 required were the person filing a complaint seeking the 32 amount awarded in the foreign judgment. Fees for docketing, SB1655 Enrolled -28- LRB9109196DJcd 1 transcription or other enforcement proceedings shall be as 2 provided for judgments of the circuit court. 3 (b) The clerk shall not charge a fee to any person to 4 register a foreign order of protection. 5 (Source: P.A. 87-358; 87-895.) 6 Section 20. The Illinois Domestic Violence Act of 1986 7 is amended by adding Section 222.5 and changing Sections 223 8 and 302 as follows: 9 (750 ILCS 60/222.5 new) 10 Sec. 222.5. Filing of an order of protection issued in 11 another state. 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 222 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 SB1655 Enrolled -29- LRB9109196DJcd 1 order shall not be an impediment to its treatment in all 2 respects as an Illinois order of protection. 3 (d) The clerk shall not charge a fee to file a foreign 4 order of protection under this Section. 5 (e) The sheriff shall inform the Department of State 6 Police as set forth in Section 302 of this Act. 7 (750 ILCS 60/223) (from Ch. 40, par. 2312-23) 8 Sec. 223. Enforcement of orders of protection. 9 (a) When violation is crime. A violation of any order of 10 protection, whether issued in a civil or criminal proceeding, 11 may be enforced by a criminal court when: 12 (1) The respondent commits the crime of violation 13 of an order of protection pursuant to Section 12-30 of 14 the Criminal Code of 1961, by having knowingly violated: 15 (i) remedies described in paragraphs (1), (2), 16 (3),or(14), or (14.5) of subsection (b) of Section 17 214 of this Act; or 18 (ii) a remedy, which is substantially similar 19 to the remedies authorized under paragraphs (1), 20 (2), (3), (14), and (14.5) of subsection (b) of 21 Section 214 of this Act, in a valid order of 22 protection which is authorized under the laws of 23 another state, tribe, or United States territory; or 24 (iii) any other remedy when the act 25 constitutes a crime against the protected parties as 26 defined by the Criminal Code of 1961. 27 Prosecution for a violation of an order of 28 protection shall not bar concurrent prosecution for any 29 other crime, including any crime that may have been 30 committed at the time of the violation of the order of 31 protection; or 32 (2) The respondent commits the crime of child 33 abduction pursuant to Section 10-5 of the Criminal Code SB1655 Enrolled -30- LRB9109196DJcd 1 of 1961, by having knowingly violated: 2 (i) remedies described in paragraphs (5), (6) 3 or (8) of subsection (b) of Section 214 of this Act; 4 or.5 (ii) a remedy, which is substantially similar 6 to the remedies authorized under paragraphs (5), 7 (6), or (8) of subsection (b) of Section 214 of this 8 Act, in a valid order of protection which is 9 authorized under the laws of another state, tribe, 10 or United States territory. 11 (b) When violation is contempt of court. A violation of 12 any valid Illinois order of protection, whether issued in a 13 civil or criminal proceeding, may be enforced through civil 14 or criminal contempt procedures, as appropriate, by any court 15 with jurisdiction, regardless where the act or acts which 16 violated the order of protection were committed, to the 17 extent consistent with the venue provisions of this Act. 18 Nothing in this Act shall preclude any Illinois court from 19 enforcing any valid order of protection issued in another 20 state. Illinois courts may enforce orders of protection 21 through both criminal prosecution and contempt proceedings, 22 unless the action which is second in time is barred by 23 collateral estoppel or the constitutional prohibition against 24 double jeopardy. 25 (1) In a contempt proceeding where the petition for 26 a rule to show cause sets forth facts evidencing an 27 immediate danger that the respondent will flee the 28 jurisdiction, conceal a child, or inflict physical abuse 29 on the petitioner or minor children or on dependent 30 adults in petitioner's care, the court may order the 31 attachment of the respondent without prior service of the 32 rule to show cause or the petition for a rule to show 33 cause. Bond shall be set unless specifically denied in 34 writing. SB1655 Enrolled -31- LRB9109196DJcd 1 (2) A petition for a rule to show cause for 2 violation of an order of protection shall be treated as 3 an expedited proceeding. 4 (c) Violation of custody or support orders. A violation 5 of remedies described in paragraphs (5), (6), (8), or (9) of 6 subsection (b) of Section 214 of this Act may be enforced by 7 any remedy provided by Section 611 of the Illinois Marriage 8 and Dissolution of Marriage Act. The court may enforce any 9 order for support issued under paragraph (12) of subsection 10 (b) of Section 214 in the manner provided for under Articles 11 V and VII of the Illinois Marriage and Dissolution of 12 Marriage Act. 13 (d) Actual knowledge. An order of protection may be 14 enforced pursuant to this Section if the respondent violates 15 the order after the respondent has actual knowledge of its 16 contents as shown through one of the following means: 17 (1) By service, delivery, or notice under Section 18 210. 19 (2) By notice under Section 210.1 or 211. 20 (3) By service of an order of protection under 21 Section 222. 22 (4) By other means demonstrating actual knowledge 23 of the contents of the order. 24 (e) The enforcement of an order of protection in civil 25 or criminal court shall not be affected by either of the 26 following: 27 (1) The existence of a separate, correlative order, 28 entered under Section 215. 29 (2) Any finding or order entered in a conjoined 30 criminal proceeding. 31 (f) Circumstances. The court, when determining whether 32 or not a violation of an order of protection has occurred, 33 shall not require physical manifestations of abuse on the 34 person of the victim. SB1655 Enrolled -32- LRB9109196DJcd 1 (g) Penalties. 2 (1) Except as provided in paragraph (3) of this 3 subsection, where the court finds the commission of a 4 crime or contempt of court under subsections (a) or (b) 5 of this Section, the penalty shall be the penalty that 6 generally applies in such criminal or contempt 7 proceedings, and may include one or more of the 8 following: incarceration, payment of restitution, a fine, 9 payment of attorneys' fees and costs, or community 10 service. 11 (2) The court shall hear and take into account 12 evidence of any factors in aggravation or mitigation 13 before deciding an appropriate penalty under paragraph 14 (1) of this subsection. 15 (3) To the extent permitted by law, the court is 16 encouraged to: 17 (i) increase the penalty for the knowing 18 violation of any order of protection over any 19 penalty previously imposed by any court for 20 respondent's violation of any order of protection or 21 penal statute involving petitioner as victim and 22 respondent as defendant; 23 (ii) impose a minimum penalty of 24 hours 24 imprisonment for respondent's first violation of any 25 order of protection; and 26 (iii) impose a minimum penalty of 48 hours 27 imprisonment for respondent's second or subsequent 28 violation of an order of protection 29 unless the court explicitly finds that an increased 30 penalty or that period of imprisonment would be 31 manifestly unjust. 32 (4) In addition to any other penalties imposed for 33 a violation of an order of protection, a criminal court 34 may consider evidence of any violations of an order of SB1655 Enrolled -33- LRB9109196DJcd 1 protection: 2 (i) to increase, revoke or modify the bail 3 bond on an underlying criminal charge pursuant to 4 Section 110-6 of the Code of Criminal Procedure of 5 1963; 6 (ii) to revoke or modify an order of 7 probation, conditional discharge or supervision, 8 pursuant to Section 5-6-4 of the Unified Code of 9 Corrections; 10 (iii) to revoke or modify a sentence of 11 periodic imprisonment, pursuant to Section 5-7-2 of 12 the Unified Code of Corrections. 13 (5) In addition to any other penalties, the court 14 shall impose an additional fine of $20 as authorized by 15 Section 5-9-1.11 of the Unified Code of Corrections upon 16 any person convicted of or placed on supervision for a 17 violation of an order of protection. The additional fine 18 shall be imposed for each violation of this Section. 19 (Source: P.A. 90-241, eff. 1-1-98.) 20 (750 ILCS 60/302) (from Ch. 40, par. 2313-2) 21 Sec. 302. Data maintenance by law enforcement agencies. 22 (a) All sheriffs shall furnish to the Department of 23 State Police, on the same day as received, in the form and 24 detail the Department requires, copies of any recorded 25 emergency, interim, or plenary orders of protection issued 26 by the court, and any foreign orders of protection filed by 27 the clerk of the court, and transmitted to the sheriff by the 28 clerk of the court pursuant to subsection (b) of Section 222 29 of this Act. Each order of protection shall be entered in the 30 Law Enforcement Automated Data System on the same day it is 31 issued by the court. If an emergency order of protection was 32 issued in accordance with subsection (c) of Section 217, the 33 order shall be entered in the Law Enforcement Automated Data SB1655 Enrolled -34- LRB9109196DJcd 1 System as soon as possible after receipt from the clerk. 2 (b) The Department of State Police shall maintain a 3 complete and systematic record and index of all valid and 4 recorded orders of protection issued pursuant to this Act. 5 The data shall be used to inform all dispatchers and law 6 enforcement officers at the scene of an alleged incident of 7 abuse, neglect, or exploitation or violation of an order of 8 protection of any recorded prior incident of abuse, neglect, 9 or exploitation involving the abused, neglected, or exploited 10 party and the effective dates and terms of any recorded order 11 of protection. 12 (c) The data, records and transmittals required under 13 this Section shall pertain to any valid emergency, interim or 14 plenary order of protection, whether issued in a civil or 15 criminal proceeding or authorized under the laws of another 16 state, tribe, or United States territory. 17 (Source: P.A. 90-392, eff. 1-1-98.)