Illinois General Assembly - Full Text of HB0734
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Full Text of HB0734  102nd General Assembly

HB0734enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0734 EnrolledLRB102 11400 KMF 16733 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-20 and 112A-23 as follows:
 
6    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
7    Sec. 112A-20. Duration and extension of final protective
8orders.
9    (a) (Blank).
10    (b) A final protective order shall remain in effect as
11follows:
12        (1) if entered during pre-trial release, until
13    disposition, withdrawal, or dismissal of the underlying
14    charge; if, however, the case is continued as an
15    independent cause of action, the order's duration may be
16    for a fixed period of time not to exceed 2 years;
17        (2) if in effect in conjunction with a bond forfeiture
18    warrant, until final disposition or an additional period
19    of time not exceeding 2 years; no domestic violence order
20    of protection, however, shall be terminated by a dismissal
21    that is accompanied by the issuance of a bond forfeiture
22    warrant;
23        (3) until 2 years after the expiration of any

 

 

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1    supervision, conditional discharge, probation, periodic
2    imprisonment, parole, aftercare release, or mandatory
3    supervised release for domestic violence orders of
4    protection and civil no contact orders; or
5        (4) until 2 years after the date set by the court for
6    expiration of any sentence of imprisonment and subsequent
7    parole, aftercare release, or mandatory supervised release
8    for domestic violence orders of protection and civil no
9    contact orders; and
10        (5) permanent for a stalking no contact order if a
11    judgment of conviction for stalking is entered; or .
12        (6) permanent for a civil no contact order at the
13    victim's request if a judgment of conviction for criminal
14    sexual assault, aggravated criminal sexual assault,
15    criminal sexual abuse, excluding a conviction under
16    subsection (c) of Section 11-1.50 of the Criminal Code of
17    2012, or aggravated criminal sexual abuse is entered.
18    (c) Computation of time. The duration of a domestic
19violence order of protection shall not be reduced by the
20duration of any prior domestic violence order of protection.
21    (d) Law enforcement records. When a protective order
22expires upon the occurrence of a specified event, rather than
23upon a specified date as provided in subsection (b), no
24expiration date shall be entered in Department of State Police
25records. To remove the protective order from those records,
26either the petitioner or the respondent shall request the

 

 

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1clerk of the court to file a certified copy of an order stating
2that the specified event has occurred or that the protective
3order has been vacated or modified with the sheriff, and the
4sheriff shall direct that law enforcement records shall be
5promptly corrected in accordance with the filed order.
6    (e) Extension of Orders. Any domestic violence order of
7protection or civil no contact order that expires 2 years
8after the expiration of the defendant's sentence under
9paragraph (2), (3), or (4) of subsection (b) of Section
10112A-20 of this Article may be extended one or more times, as
11required. The petitioner, petitioner's counsel, or the State's
12Attorney on the petitioner's behalf shall file the motion for
13an extension of the final protective order in the criminal
14case and serve the motion in accordance with Supreme Court
15Rules 11 and 12. The court shall transfer the motion to the
16appropriate court or division for consideration under
17subsection (e) of Section 220 of the Illinois Domestic
18Violence Act of 1986, subsection (c) of Section 216 of the
19Civil No Contact Order Act, or subsection (c) of Section 105 of
20the Stalking No Contact Order as appropriate.
21    (f) Termination date. Any final protective order which
22would expire on a court holiday shall instead expire at the
23close of the next court business day.
24    (g) Statement of purpose. The practice of dismissing or
25suspending a criminal prosecution in exchange for issuing a
26protective order undermines the purposes of this Article. This

 

 

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1Section shall not be construed as encouraging that practice.
2(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
3    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
4    Sec. 112A-23. Enforcement of protective orders.
5    (a) When violation is crime. A violation of any protective
6order, whether issued in a civil, quasi-criminal proceeding,
7shall be enforced by a criminal court when:
8        (1) The respondent commits the crime of violation of a
9    domestic violence order of protection pursuant to Section
10    12-3.4 or 12-30 of the Criminal Code of 1961 or the
11    Criminal Code of 2012, by having knowingly violated:
12            (i) remedies described in paragraphs (1), (2),
13        (3), (14), or (14.5) of subsection (b) of Section
14        112A-14 of this Code,
15            (ii) a remedy, which is substantially similar to
16        the remedies authorized under paragraphs (1), (2),
17        (3), (14), or (14.5) of subsection (b) of Section 214
18        of the Illinois Domestic Violence Act of 1986, in a
19        valid order of protection, which is authorized under
20        the laws of another state, tribe or United States
21        territory, or
22            (iii) or any other remedy when the act constitutes
23        a crime against the protected parties as defined by
24        the Criminal Code of 1961 or the Criminal Code of 2012.
25        Prosecution for a violation of a domestic violence

 

 

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1    order of protection shall not bar concurrent prosecution
2    for any other crime, including any crime that may have
3    been committed at the time of the violation of the
4    domestic violence order of protection; or
5        (2) The respondent commits the crime of child
6    abduction pursuant to Section 10-5 of the Criminal Code of
7    1961 or the Criminal Code of 2012, by having knowingly
8    violated:
9            (i) remedies described in paragraphs (5), (6), or
10        (8) of subsection (b) of Section 112A-14 of this Code,
11        or
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (1), (5),
14        (6), or (8) of subsection (b) of Section 214 of the
15        Illinois Domestic Violence Act of 1986, in a valid
16        domestic violence order of protection, which is
17        authorized under the laws of another state, tribe or
18        United States territory.
19        (3) The respondent commits the crime of violation of a
20    civil no contact order when the respondent violates
21    Section 12-3.8 of the Criminal Code of 2012. Prosecution
22    for a violation of a civil no contact order shall not bar
23    concurrent prosecution for any other crime, including any
24    crime that may have been committed at the time of the
25    violation of the civil no contact order.
26        (4) The respondent commits the crime of violation of a

 

 

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1    stalking no contact order when the respondent violates
2    Section 12-3.9 of the Criminal Code of 2012. Prosecution
3    for a violation of a stalking no contact order shall not
4    bar concurrent prosecution for any other crime, including
5    any crime that may have been committed at the time of the
6    violation of the stalking no contact order.
7    (b) When violation is contempt of court. A violation of
8any valid protective order, whether issued in a civil or
9criminal proceeding, may be enforced through civil or criminal
10contempt procedures, as appropriate, by any court with
11jurisdiction, regardless where the act or acts which violated
12the protective order were committed, to the extent consistent
13with the venue provisions of this Article. Nothing in this
14Article shall preclude any Illinois court from enforcing any
15valid protective order issued in another state. Illinois
16courts may enforce protective orders through both criminal
17prosecution and contempt proceedings, unless the action which
18is second in time is barred by collateral estoppel or the
19constitutional prohibition against double jeopardy.
20        (1) In a contempt proceeding where the petition for a
21    rule to show cause sets forth facts evidencing an
22    immediate danger that the respondent will flee the
23    jurisdiction, conceal a child, or inflict physical abuse
24    on the petitioner or minor children or on dependent adults
25    in petitioner's care, the court may order the attachment
26    of the respondent without prior service of the rule to

 

 

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1    show cause or the petition for a rule to show cause. Bond
2    shall be set unless specifically denied in writing.
3        (2) A petition for a rule to show cause for violation
4    of a protective order shall be treated as an expedited
5    proceeding.
6    (c) Violation of custody, allocation of parental
7responsibility, or support orders. A violation of remedies
8described in paragraphs (5), (6), (8), or (9) of subsection
9(b) of Section 112A-14 of this Code may be enforced by any
10remedy provided by Section 607.5 of the Illinois Marriage and
11Dissolution of Marriage Act. The court may enforce any order
12for support issued under paragraph (12) of subsection (b) of
13Section 112A-14 of this Code in the manner provided for under
14Parts V and VII of the Illinois Marriage and Dissolution of
15Marriage Act.
16    (d) Actual knowledge. A protective order may be enforced
17pursuant to this Section if the respondent violates the order
18after respondent has actual knowledge of its contents as shown
19through one of the following means:
20        (1) (Blank).
21        (2) (Blank).
22        (3) By service of a protective order under subsection
23    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
24        (4) By other means demonstrating actual knowledge of
25    the contents of the order.
26    (e) The enforcement of a protective order in civil or

 

 

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1criminal court shall not be affected by either of the
2following:
3        (1) The existence of a separate, correlative order
4    entered under Section 112A-15 of this Code.
5        (2) Any finding or order entered in a conjoined
6    criminal proceeding.
7    (e-5) If a civil no contact order entered under subsection
8(6) of Section 112A-20 of the Code of Criminal Procedure of
91963 conflicts with an order issued pursuant to the Juvenile
10Court Act of 1987 or the Illinois Marriage and Dissolution of
11Marriage Act, the conflicting order issued under subsection
12(6) of Section 112A-20 of the Code of Criminal Procedure of
131963 shall be void.
14    (f) Circumstances. The court, when determining whether or
15not a violation of a protective order has occurred, shall not
16require physical manifestations of abuse on the person of the
17victim.
18    (g) Penalties.
19        (1) Except as provided in paragraph (3) of this
20    subsection (g), where the court finds the commission of a
21    crime or contempt of court under subsections (a) or (b) of
22    this Section, the penalty shall be the penalty that
23    generally applies in such criminal or contempt
24    proceedings, and may include one or more of the following:
25    incarceration, payment of restitution, a fine, payment of
26    attorneys' fees and costs, or community service.

 

 

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1        (2) The court shall hear and take into account
2    evidence of any factors in aggravation or mitigation
3    before deciding an appropriate penalty under paragraph (1)
4    of this subsection (g).
5        (3) To the extent permitted by law, the court is
6    encouraged to:
7            (i) increase the penalty for the knowing violation
8        of any protective order over any penalty previously
9        imposed by any court for respondent's violation of any
10        protective order or penal statute involving petitioner
11        as victim and respondent as defendant;
12            (ii) impose a minimum penalty of 24 hours
13        imprisonment for respondent's first violation of any
14        protective order; and
15            (iii) impose a minimum penalty of 48 hours
16        imprisonment for respondent's second or subsequent
17        violation of a protective order
18    unless the court explicitly finds that an increased
19    penalty or that period of imprisonment would be manifestly
20    unjust.
21        (4) In addition to any other penalties imposed for a
22    violation of a protective order, a criminal court may
23    consider evidence of any violations of a protective order:
24            (i) to increase, revoke, or modify the bail bond
25        on an underlying criminal charge pursuant to Section
26        110-6 of this Code;

 

 

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1            (ii) to revoke or modify an order of probation,
2        conditional discharge, or supervision, pursuant to
3        Section 5-6-4 of the Unified Code of Corrections;
4            (iii) to revoke or modify a sentence of periodic
5        imprisonment, pursuant to Section 5-7-2 of the Unified
6        Code of Corrections.
7(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
8100-597, eff. 6-29-18; revised 7-12-19.)