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Public Act 91-0903
SB1655 Enrolled LRB9109196DJcd
AN ACT concerning orders of protection, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-10 and 112A-28 and adding
Section 112A-22.5 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961; the court may,
however, forgo forego the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; all
legally possessed firearms shall be returned to the
person upon that person completing a sentence for a
conviction on a misdemeanor domestic battery, upon the
charges being dismissed, or if the person is found not
guilty, unless the finding of not guilty is by reason of
insanity; and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity,
or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition
of bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any
statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections; or
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee that represents costs incidental to the
electronic monitoring for each day of such bail
supervision ordered by the court, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
91-312, eff. 1-1-00; revised 10-15-99.)
(725 ILCS 5/112A-22.5 new)
Sec. 112A-22.5. Filing of an order of protection issued
in another state.
(a) A person entitled to protection under an order of
protection issued by the court of another state, tribe, or
United States territory may file a certified copy of the
order of protection with the clerk of the court in a judicial
circuit in which the person believes that enforcement may be
necessary.
(b) The clerk shall:
(1) treat the foreign order of protection in the
same manner as a judgment of the circuit court for any
county of this State in accordance with the provisions of
the Uniform Enforcement of Foreign Judgments Act, except
that the clerk shall not mail notice of the filing of the
foreign order to the respondent named in the order; and
(2) on the same day that a foreign order of
protection is filed, file a certified copy of that order
with the sheriff or other law enforcement officials
charged with maintaining Department of State Police
records as set forth in Section 112A-22 of this Act.
(c) Neither residence in this State nor filing of a
foreign order of protection shall be required for enforcement
of the order by this State. Failure to file the foreign
order shall not be an impediment to its treatment in all
respects as an Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(e) The sheriff shall inform the Department of State
Police as set forth in Section 112A-28 of this Act.
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Department of
State Police, daily, in the form and detail the Department
requires, copies of any recorded orders of protection issued
by the court, and any foreign orders of protection filed by
the clerk of the court, and transmitted to the sheriff by the
clerk of the court pursuant to subsection (b) of Section
112A-22 of this Act. Each order of protection shall be
entered in the Law Enforcement Automated Data System on the
same day it is issued by the court. If an emergency order of
protection was issued in accordance with subsection (c) of
Section 112A-17, the order shall be entered in the Law
Enforcement Automated Data System as soon as possible after
receipt from the clerk.
(b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded orders of protection issued or filed pursuant to
this Act. The data shall be used to inform all dispatchers
and law enforcement officers at the scene of an alleged
incident of abuse or violation of an order of protection of
any recorded prior incident of abuse involving the abused
party and the effective dates and terms of any recorded order
of protection.
(c) The data, records and transmittals required under
this Section shall pertain to any valid emergency, interim or
plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 90-392, eff. 1-1-98.)
Section 10. The Unified Code of Corrections is amended
by changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release. (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding
life. The conditions of every parole and mandatory supervised
release are that the subject:
(1) not violate any criminal statute of any jurisdiction
during the parole or release term; and
(2) refrain from possessing a firearm or other dangerous
weapon.
(b) The Board may in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his dependents;
(5) report to an agent of the Department of Corrections;
(6) permit the agent to visit him at his home or
elsewhere to the extent necessary to discharge his duties;
(7) comply with the terms and conditions of an order of
protection issued pursuant to the Illinois Domestic Violence
Act of 1986, enacted by the 84th General Assembly, or an
order of protection issued by the court of another state,
tribe, or United States territory.
(8) and, in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his release, and he shall sign
the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed
to the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(Source: P.A. 84-1305.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program; and
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended, or an order of protection issued by
the court of another state, tribe, or United States
territory. A copy of the order of protection shall be
transmitted to the probation officer or agency having
responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) The court shall not require as a condition of the
sentence of probation or conditional discharge that the
offender be committed to a period of imprisonment in excess
of 6 months. This 6 month limit shall not include periods of
confinement given pursuant to a sentence of county impact
incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
7-29-99.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory. If the court has ordered the
defendant to make a report and appear in person under
paragraph (1) of this subsection, a copy of the order of
protection shall be transmitted to the person or agency
so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code. Under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(m) The court shall require a defendant placed on
supervision for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance, as
a condition of supervision, to give proof of his or her
financial responsibility as defined in Section 7-315 of the
Illinois Vehicle Code. The proof shall be maintained by the
defendant in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
1-1-99; 91-127, eff. 1-1-00.)
Section 15. The Code of Civil Procedure is amended by
changing Sections 12-652, 12-653, and 12-655 as follows:
(735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
Sec. 12-652. Filing and Status of Foreign Judgments.
(a) A copy of any foreign judgment authenticated in
accordance with the acts of Congress or the statutes of this
State may be filed in the office of the circuit clerk for any
county of this State. The clerk shall treat the foreign
judgment in the same manner as a judgment of the circuit
court for any county of this State. A judgment so filed has
the same effect and is subject to the same procedures,
defenses and proceedings for reopening, vacating, or staying
as a judgment of a circuit court for any county of this State
and may be enforced or satisfied in like manner.
(b) A foreign judgment or lien arising by operation of
law, and resulting from an order requiring child support
payments shall be entitled to full faith and credit in this
State, shall be enforceable in the same manner as any
judgment or lien of this State resulting from an order
requiring child support payments, and shall not be required
to be filed with the office of the circuit clerk in any
county of this State, except as provided for in Sections
10-25 and 10-25.5 of the Illinois Public Aid Code.
(c) A foreign order of protection issued by the court of
another state, tribe, or United States territory is entitled
to full faith and credit in this State, is enforceable in the
same manner as any order of protection issued by a circuit
court for any county of this State, and may be filed with the
circuit clerk in any county of this State as provided in
Section 222.5 of the Illinois Domestic Violence Act of 1986
or Section 22.5 of the Code of Criminal Procedure of 1963. A
foreign order of protection shall not be required to be filed
with the circuit clerk to be entitled to full faith and
credit in this State.
(Source: P.A. 90-18, eff. 7-1-97.)
(735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
Sec. 12-653. Notice of Filing.
(a) At the time of the filing of the foreign judgment,
the judgment creditor or his lawyer shall make and file with
the circuit clerk an affidavit setting forth the name and
last known post office address of the judgment debtor, and
the judgment creditor.
(b) Promptly upon the filing of a the foreign judgment
(other than a foreign order of protection) and the affidavit,
the clerk shall mail notice of the filing of the foreign
judgment to the judgment debtor at the address given and
shall make a note of the mailing in the docket. The notice
shall include the name and post office address of the
judgment creditor and the judgment creditor's lawyer, if any,
in this State. In addition, the judgment creditor may mail a
notice of the filing of the judgment to the judgment debtor
and may file proof of mailing with the clerk. Lack of
mailing notice of filing by the clerk shall not affect the
enforcement proceedings if proof of mailing by the judgment
creditor has been filed.
(c) The clerk shall not mail notice of the filing of a
foreign order of protection to the respondent named in the
order.
(Source: P.A. 89-686, eff. 12-31-96.)
(735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
Sec. 12-655. Fees.
(a) Any person filing a foreign judgment shall pay a fee
to the circuit clerk equivalent to the fee which would be
required were the person filing a complaint seeking the
amount awarded in the foreign judgment. Fees for docketing,
transcription or other enforcement proceedings shall be as
provided for judgments of the circuit court.
(b) The clerk shall not charge a fee to any person to
register a foreign order of protection.
(Source: P.A. 87-358; 87-895.)
Section 20. The Illinois Domestic Violence Act of 1986
is amended by adding Section 222.5 and changing Sections 223
and 302 as follows:
(750 ILCS 60/222.5 new)
Sec. 222.5. Filing of an order of protection issued in
another state.
(a) A person entitled to protection under an order of
protection issued by the court of another state, tribe, or
United States territory may file a certified copy of the
order of protection with the clerk of the court in a judicial
circuit in which the person believes that enforcement may be
necessary.
(b) The clerk shall:
(1) treat the foreign order of protection in the
same manner as a judgment of the circuit court for any
county of this State in accordance with the provisions of
the Uniform Enforcement of Foreign Judgments Act, except
that the clerk shall not mail notice of the filing of the
foreign order to the respondent named in the order; and
(2) on the same day that a foreign order of
protection is filed, file a certified copy of that order
with the sheriff or other law enforcement officials
charged with maintaining Department of State Police
records as set forth in Section 222 of this Act.
(c) Neither residence in this State nor filing of a
foreign order of protection shall be required for enforcement
of the order by this State. Failure to file the foreign
order shall not be an impediment to its treatment in all
respects as an Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(e) The sheriff shall inform the Department of State
Police as set forth in Section 302 of this Act.
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
may be enforced by a criminal court when:
(1) The respondent commits the crime of violation
of an order of protection pursuant to Section 12-30 of
the Criminal Code of 1961, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), or (14), or (14.5) of subsection (b) of Section
214 of this Act; or
(ii) a remedy, which is substantially similar
to the remedies authorized under paragraphs (1),
(2), (3), (14), and (14.5) of subsection (b) of
Section 214 of this Act, in a valid order of
protection which is authorized under the laws of
another state, tribe, or United States territory; or
(iii) any other remedy when the act
constitutes a crime against the protected parties as
defined by the Criminal Code of 1961.
Prosecution for a violation of an order of
protection shall not bar concurrent prosecution for any
other crime, including any crime that may have been
committed at the time of the violation of the order of
protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code
of 1961, by having knowingly violated:
(i) remedies described in paragraphs (5), (6)
or (8) of subsection (b) of Section 214 of this Act;
or.
(ii) a remedy, which is substantially similar
to the remedies authorized under paragraphs (5),
(6), or (8) of subsection (b) of Section 214 of this
Act, in a valid order of protection which is
authorized under the laws of another state, tribe,
or United States territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding, may be enforced through civil
or criminal contempt procedures, as appropriate, by any court
with jurisdiction, regardless where the act or acts which
violated the order of protection were committed, to the
extent consistent with the venue provisions of this Act.
Nothing in this Act shall preclude any Illinois court from
enforcing any valid order of protection issued in another
state. Illinois courts may enforce orders of protection
through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for
a rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent
adults in petitioner's care, the court may order the
attachment of the respondent without prior service of the
rule to show cause or the petition for a rule to show
cause. Bond shall be set unless specifically denied in
writing.
(2) A petition for a rule to show cause for
violation of an order of protection shall be treated as
an expedited proceeding.
(c) Violation of custody or support orders. A violation
of remedies described in paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 214 of this Act may be enforced by
any remedy provided by Section 611 of the Illinois Marriage
and Dissolution of Marriage Act. The court may enforce any
order for support issued under paragraph (12) of subsection
(b) of Section 214 in the manner provided for under Articles
V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section
210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under
Section 222.
(4) By other means demonstrating actual knowledge
of the contents of the order.
(e) The enforcement of an order of protection in civil
or criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether
or not a violation of an order of protection has occurred,
shall not require physical manifestations of abuse on the
person of the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b)
of this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph
(1) of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing
violation of any order of protection over any
penalty previously imposed by any court for
respondent's violation of any order of protection or
penal statute involving petitioner as victim and
respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be
manifestly unjust.
(4) In addition to any other penalties imposed for
a violation of an order of protection, a criminal court
may consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the bail
bond on an underlying criminal charge pursuant to
Section 110-6 of the Code of Criminal Procedure of
1963;
(ii) to revoke or modify an order of
probation, conditional discharge or supervision,
pursuant to Section 5-6-4 of the Unified Code of
Corrections;
(iii) to revoke or modify a sentence of
periodic imprisonment, pursuant to Section 5-7-2 of
the Unified Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 90-241, eff. 1-1-98.)
(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Department of
State Police, on the same day as received, in the form and
detail the Department requires, copies of any recorded
emergency, interim, or plenary orders of protection issued
by the court, and any foreign orders of protection filed by
the clerk of the court, and transmitted to the sheriff by the
clerk of the court pursuant to subsection (b) of Section 222
of this Act. Each order of protection shall be entered in the
Law Enforcement Automated Data System on the same day it is
issued by the court. If an emergency order of protection was
issued in accordance with subsection (c) of Section 217, the
order shall be entered in the Law Enforcement Automated Data
System as soon as possible after receipt from the clerk.
(b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded orders of protection issued pursuant to this Act.
The data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
abuse, neglect, or exploitation or violation of an order of
protection of any recorded prior incident of abuse, neglect,
or exploitation involving the abused, neglected, or exploited
party and the effective dates and terms of any recorded order
of protection.
(c) The data, records and transmittals required under
this Section shall pertain to any valid emergency, interim or
plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 90-392, eff. 1-1-98.)
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