HB0793 Engrossed LRB094 06704 RLC 36801 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 111-8 as follows:
 
6     (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
7     Sec. 111-8. Orders of protection to prohibit domestic
8 violence.
9     (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10 10-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
11 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.3, 12-3.2,
12 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11,
13 12-13, 12-14, 12-14.1, 12-15, or 12-16, 19-4, 21-1, 21-2, or
14 21-3 of the Criminal Code of 1961 or Section 1-1 of the
15 Harassing and Obscene Communications Act , as now or hereafter
16 amended, is alleged in an information, complaint or indictment
17 on file, and the alleged offender and victim are family or
18 household members, as defined in the Illinois Domestic Violence
19 Act, as now or hereafter amended, the People through the
20 respective State's Attorneys may by separate petition and upon
21 notice to the defendant, except as provided in subsection (c)
22 herein, request the court to issue an order of protection.
23     (b) In addition to any other remedies specified in Section
24 208 of the Illinois Domestic Violence Act, as now or hereafter
25 amended, the order may direct the defendant to initiate no
26 contact with the alleged victim or victims who are family or
27 household members and to refrain from entering the residence,
28 school or place of business of the alleged victim or victims.
29     (c) The court may grant emergency relief without notice
30 upon a showing of immediate and present danger of abuse to the
31 victim or minor children of the victim and may enter a
32 temporary order pending notice and full hearing on the matter.

 

 

HB0793 Engrossed - 2 - LRB094 06704 RLC 36801 b

1 (Source: P.A. 91-445, eff. 1-1-00.)