Public Act 93-0359
HB0206 Enrolled LRB093 04398 MKM 04448 b
AN ACT concerning domestic violence.
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 Section 112A-23 as follows:
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-criminal
proceeding, shall 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), (14), or (14.5) of subsection (b) of Section
112A-14,
(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,
(iii) or 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 112A-14, 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 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 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 Article.
Nothing in this Article 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 112A-14 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 112A-14 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 respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section
112A-10.
(2) By notice under Section 112A-11.
(3) By service of an order of protection under
Section 112A-22.
(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 112A-15.
(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;
(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. 90-732, eff. 8-11-98.)
Section 10. The Illinois Domestic Violence Act of 1986
is amended by changing Section 223 as follows:
(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,
shall 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), (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; 91-903, eff. 1-1-01.)