Public Act 102-0184
 
HB0734 EnrolledLRB102 11400 KMF 16733 b


  
    AN ACT concerning criminal law.
  
 
    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 112A-20 and 112A-23 as follows:
 


    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)



    Sec. 112A-20. Duration and extension of final protective 
orders. 

    (a) (Blank).



    (b) A final protective order shall remain in effect as 
follows:

        (1) if entered during pre-trial release, until 
    disposition, withdrawal,
or dismissal of the underlying 
    charge; if, however, the case is continued as an

    independent cause of action, the order's duration may be 
    for a fixed period
of time not to exceed 2 years;

        (2) if in effect in conjunction with a bond forfeiture 
    warrant, until
final disposition or an additional period

    of time not
exceeding 2 years; no domestic violence order 
    of
protection, however, shall be terminated by a dismissal 
    that is accompanied
by the issuance of a bond forfeiture 
    warrant;

        (3) until 2 years after the expiration of any 
    supervision, conditional discharge,
probation, periodic 
    imprisonment, parole, aftercare release, or mandatory 
    supervised release for domestic violence orders of 
    protection and civil no contact orders; or

        (4) until 2 years after the date set by the court for 
    expiration of any sentence of
imprisonment and subsequent 
    parole, aftercare release, or mandatory supervised release

    for domestic violence orders of protection and civil no 
    contact orders; and

        (5) permanent for a stalking no contact order if a 
    judgment of conviction for stalking is entered; or . 
        (6) permanent for a civil no contact order at the 
    victim's request if a judgment of conviction for criminal 
    sexual assault, aggravated criminal sexual assault, 
    criminal sexual abuse, excluding a conviction under 
    subsection (c) of Section 11-1.50 of the Criminal Code of 
    2012, or aggravated criminal sexual abuse is entered. 
    (c) Computation of time.  The duration of a domestic 
violence order of protection shall
not be reduced by the 
duration of any prior domestic violence order of protection.

    (d) Law enforcement records.  When a protective order 
expires
upon the occurrence of a specified event, rather than 
upon a specified date
as provided in subsection (b), no 
expiration date shall be entered in
Department of State Police 
records.  To remove the protective order from
those records, 
either the petitioner or the respondent shall request the 
clerk of the court to file a
certified copy of an order stating 
that the specified event has occurred or
that the protective 
order has been vacated or modified with the sheriff, and the

sheriff shall direct that law enforcement records shall be 
promptly
corrected in accordance with the filed order.

    (e) Extension of Orders.  Any domestic violence order of

protection or civil no contact order that expires 2 years 
after the expiration of the defendant's sentence under 
paragraph (2), (3), or (4) of subsection (b) of Section 
112A-20 of this Article may be extended one or more times, as 
required. The petitioner, petitioner's counsel, or the State's 
Attorney on the petitioner's behalf shall file the motion for 
an extension of the final protective order in the criminal 
case and serve the motion in accordance with Supreme Court 
Rules 11 and 12. The court shall transfer the motion to the 
appropriate court or division for consideration under 
subsection (e) of Section 220 of the Illinois Domestic 
Violence Act of 1986, subsection (c) of Section 216 of the 
Civil No Contact Order Act, or subsection (c) of Section 105 of 
the Stalking No Contact Order as appropriate.

    (f) Termination date.  Any final protective order which 
would expire on a
court holiday shall instead expire at the 
close of the next court business day.

    (g) Statement of purpose.  The practice of dismissing or 
suspending a
criminal prosecution in exchange for issuing a 
protective order
undermines the purposes of this Article.  This 
Section shall not be
construed as encouraging that practice.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

 


    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)


    Sec. 112A-23. Enforcement of protective orders. 

    (a) When violation is crime. A violation of any protective 
order,
whether issued in a civil, quasi-criminal proceeding, 
shall be
enforced by a
criminal court when:

        (1) The respondent commits the crime of violation of a 
    domestic violence order of
protection pursuant to Section 
    12-3.4 or 12-30 of the Criminal Code of
1961 or the 
    Criminal Code of 2012, by
having knowingly violated:

            (i) remedies described in paragraphs (1), (2), 
        (3), (14),
or
(14.5)
of subsection (b) of Section 
        112A-14 of this Code,

            (ii) a remedy, which is substantially similar to 
        the remedies
authorized
under paragraphs (1), (2), 
        (3), (14), or (14.5) of subsection (b) of Section 214

        of the Illinois Domestic Violence Act of 1986, in a 
        valid order of protection,
which is authorized under 
        the laws of another state, tribe or United States

        territory, or

            (iii) or any other remedy when the act
constitutes 
        a crime against the protected parties as defined by 
        the Criminal
Code of 1961 or the Criminal Code of 2012.

        Prosecution for a violation of a domestic violence 
    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 
    domestic violence order
of protection; or

        (2) The respondent commits the crime of child 
    abduction pursuant
to Section 10-5 of the Criminal Code of 
    1961 or the Criminal Code of 2012, by having knowingly 
    violated:

            (i) remedies described in paragraphs (5), (6), or 
        (8) of subsection
(b)
of
Section 112A-14 of this Code, 
        or

            (ii) a remedy, which is substantially similar to 
        the remedies
authorized
under paragraphs (1),
(5), 
        (6), or (8) of subsection (b) of Section 214
of the 
        Illinois Domestic Violence Act of 1986, in a valid 
        domestic violence order of protection,
which is 
        authorized under the laws of another state, tribe or 
        United States
territory.

        (3) The respondent commits the crime of violation of a 
    civil no contact order when the respondent violates 
    Section 12-3.8 of the Criminal Code of 2012.
Prosecution 
    for a violation of a civil no contact order 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 civil no contact order.
        (4) The respondent commits the crime of violation of a 
    stalking no contact order when the respondent violates 
    Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
    for a violation of a stalking no contact order 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 stalking no contact order. 
    (b) When violation is contempt of court. A violation of 
any valid protective order, 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 protective order were committed, to the extent
consistent 
with the venue provisions of this Article.  Nothing in this

Article shall preclude any Illinois court from enforcing any 
valid protective order issued in another state. Illinois 
courts may enforce protective orders 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 a protective order shall be treated as an expedited 
    proceeding.

    (c) Violation of custody, allocation of parental 
responsibility, or support orders. A violation of remedies

described in paragraphs (5), (6), (8), or (9) of subsection 
(b) of Section
112A-14 of this Code may be enforced by any 
remedy provided by Section 607.5 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  112A-14 of this Code in the manner provided for under 
Parts

V and VII of the
Illinois Marriage and Dissolution of 
Marriage Act.

    (d) Actual knowledge. A protective order may be
enforced 
pursuant to this Section if the respondent violates the order

after respondent has actual knowledge of its contents
as shown 
through one of the following means:

        (1) (Blank).

        (2) (Blank).

        (3) By service of a protective order under subsection 
    (f) of Section 112A-17.5 or Section 112A-22 of this Code.

        (4) By other means demonstrating actual knowledge of 
    the contents of the order.

    (e) The enforcement of a protective order 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
112A-15 of this Code.

        (2) Any finding or order entered in a conjoined 
    criminal proceeding.

    (e-5) If a civil no contact order entered under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 conflicts with an order issued pursuant to the Juvenile 
Court Act of 1987 or the Illinois Marriage and Dissolution of 
Marriage Act, the conflicting order issued under subsection 
(6) of Section 112A-20 of the Code of Criminal Procedure of 
1963 shall be void. 
    (f) Circumstances.  The court, when determining whether or 
not a
violation of a protective order 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 (g), 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 (g).

        (3) To the extent permitted by law, the court is 
    encouraged to:

            (i) increase the penalty for the knowing violation 
        of
any protective order over any penalty previously 
        imposed by any court
for respondent's violation of any 
        protective order 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 
        protective order; and

            (iii) impose a minimum penalty of 48 hours 
        imprisonment for
respondent's second or subsequent 
        violation of a protective order 
    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 a protective order, a criminal court may 
    consider evidence of any
violations of a protective order:

            (i) to increase, revoke, or modify the bail bond 
        on an underlying
criminal charge pursuant to Section 
        110-6 of this Code;

            (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.

(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; 
100-597, eff. 6-29-18; revised 7-12-19.)