Illinois General Assembly - Full Text of HB0269
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Full Text of HB0269  94th General Assembly

HB0269 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0269

 

Introduced 1/18/2005, by Rep. Patricia Reid Lindner

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-17.5 new
725 ILCS 5/112A-28.5 new
750 ILCS 60/217.5 new
750 ILCS 60/302.5 new

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that when a person is charged with a criminal offense and released on bond and the victim of the offense is a family or household member and the condition of the bond denies or restricts contact with the victim, the clerk shall immediately, or on the next court day, enter the order on the record, file it and provide a file stamped copy of the order to defendant, if present, and to the victim, if present. Establishes information that must be included in such a court order. Provides that the law enforcement agency that received the order shall enter into the Law Enforcement Agencies Data System (LEADS), the National Crime Information Center (NCIC), and the National Law Enforcement Telecommunication System (NLETS) the no contact with family victim order information.


LRB094 04975 RLC 35190 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0269 LRB094 04975 RLC 35190 b

1     AN ACT in relation to 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 adding Sections 112A-17.5 and 112A-28.5 as follows:
 
6     (725 ILCS 5/112A-17.5 new)
7     Sec. 112A-17.5. Notice of orders.
8     (a) Entry and issuance. When a person is charged with a
9 criminal offense and released on bond and the victim of the
10 offense is a family or household member and the condition of
11 the bond is that the defendant refrain from contact or
12 communications with the victim for a minimum period of 72 hours
13 following the defendant's release and refrain from entering or
14 remaining at the victim's residence for a minimum period of 72
15 hours following the defendant's release or any other conditions
16 restricting contact with the victim as the court imposes, the
17 clerk shall immediately, or on the next court day, enter the
18 order on the record and file it in accordance with circuit
19 court procedures and provide a file stamped copy of the order
20 to defendant, if present, and to the victim, if present.
21     (b) No contact with family victim orders. The court order
22 shall include the following information:
23         (1) The court case number.
24         (2) The issue date of the order.
25         (3) The expiration date of the order, not to exceed 2
26     years.
27         (4) The defendant's name, sex, race, date of birth,
28     height, weight, hair, and eye color.
29         (5) The conditions of bond, including specific remedy.
30         (6) The victim's name.
31         (7) The protected person's name.
32         (8) The protected person's address.

 

 

HB0269 - 2 - LRB094 04975 RLC 35190 b

1     (c) Filing with sheriff. The clerk of the court that issued
2 the order shall, on the same day that the order is issued, file
3 a certified copy of that order with the sheriff.
4     (d) Service by sheriff. Unless the defendant was present in
5 court when the order was issued, the sheriff, other law
6 enforcement official, or special process server shall promptly
7 serve that order upon the defendant and file proof of that
8 service, in the manner provided for service of process.
 
9     (725 ILCS 5/112A-28.5 new)
10     Sec. 112A-28.5. Entry of orders into LEADS.
11     (a) The law enforcement agency of the unit of local
12 government that received the order shall enter into the Law
13 Enforcement Agencies Data System (LEADS), the National Crime
14 Information Center (NCIC), and the National Law Enforcement
15 Telecommunication System (NLETS) the no contact with family
16 victim order information. The LEADS, NCIC, and NLETS files must
17 include the name and address of each person who has been
18 charged with a criminal offense in which the victim of the
19 offense is a family or household member and who has been
20 released on bond in which the condition of the bond is that the
21 defendant refrain from contact or communication with the victim
22 for a minimum period of 72 hours following the defendant's
23 release and refrain from entering or remaining at the victim's
24 residence for a minimum period of 72 hours following the
25 defendant's release or any other conditions restricting
26 contact with the victim as the court imposes.
27     (b) The law enforcement agency of the unit of local
28 government that received the order shall enter the no contact
29 with family victim order into LEADS, NCIC, and NLETS no more
30 than 72 hours after receiving the order.
31     (c) Retention. The information must be retained in LEADS,
32 NCIC, and NLETS in a history file for 90 days after the
33 expiration date of the no contact with family victim order
34 before the information may be removed from the LEADS, NCIC, and
35 NLETS files.
 

 

 

HB0269 - 3 - LRB094 04975 RLC 35190 b

1     Section 10. The Illinois Domestic Violence Act of 1986 is
2 amended by adding Sections 217.5 and 302.5 as follows:
 
3     (750 ILCS 60/217.5 new)
4     Sec. 217.5. Notice of orders.
5     (a) Entry and issuance. When a person is charged with a
6 criminal offense and released on bond and the victim of the
7 offense is a family or household member and the condition of
8 the bond is that the defendant refrain from contact or
9 communications with the victim for a minimum period of 72 hours
10 following the defendant's release and refrain from entering or
11 remaining at the victim's residence for a minimum period of 72
12 hours following the defendant's release or any other conditions
13 restricting contact with the victim as the court imposes, the
14 clerk shall immediately, or on the next court day, enter the
15 order on the record and file it in accordance with circuit
16 court procedures and provide a file stamped copy of the order
17 to defendant, if present, and to the victim, if present.
18     (b) No contact with family victim orders. The court order
19 shall include the following information:
20         (1) The court case number.
21         (2) The issue date of the order.
22         (3) The expiration date of the order, not to exceed 2
23     years.
24         (4) The defendant's name, sex, race, date of birth,
25     height, weight, hair, and eye color.
26         (5) The conditions of bond, including specific remedy.
27         (6) The victim's name.
28         (7) The protected person's name.
29         (8) The protected person's address.
30     (c) Filing with sheriff. The clerk of the court that issued
31 the order shall, on the same day that the order is issued, file
32 a certified copy of that order with the sheriff.
33     (d) Service by sheriff. Unless the defendant was present in
34 court when the order was issued, the sheriff, other law

 

 

HB0269 - 4 - LRB094 04975 RLC 35190 b

1 enforcement official, or special process server shall promptly
2 serve that order upon the defendant and file proof of that
3 service, in the manner provided for service of process.
 
4     (750 ILCS 60/302.5 new)
5     Sec. 302.5. Entry of orders into LEADS.
6     (a) The law enforcement agency of the unit of local
7 government that received the order shall enter into the Law
8 Enforcement Agencies Data System (LEADS), the National Crime
9 Information Center (NCIC), and the National Law Enforcement
10 Telecommunication System (NLETS) the no contact with family
11 victim order information. The LEADS, NCIC, and NLETS files must
12 include the name and address of each person who has been
13 charged with a criminal offense in which the victim of the
14 offense is a family or household member and who has been
15 released on bond in which the condition of the bond is that the
16 defendant refrain from contact or communication with the victim
17 for a minimum period of 72 hours following the defendant's
18 release and refrain from entering or remaining at the victim's
19 residence for a minimum period of 72 hours following the
20 defendant's release or any other conditions restricting
21 contact with the victim as the court imposes.
22     (b) The law enforcement agency of the unit of local
23 government that received the order shall enter the no contact
24 with family victim order into LEADS, NCIC, and NLETS within 72
25 hours after receiving the order.
26     (c) Retention. The information must be retained in LEADS,
27 NCIC, and NLETS in a history file for 90 days after the
28 expiration date of the no contact with family victim order
29 before the information may be removed from the LEADS, NCIC, and
30 NLETS files.