093_HB0206eng

 
HB0206 Engrossed                     LRB093 04398 MKM 04448 b

 1        AN ACT concerning domestic violence.

 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 112A-23 as follows:

 6        (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
 7        Sec. 112A-23.  Enforcement of orders of protection.
 8        (a)  When violation is crime. A violation of any order of
 9    protection,   whether   issued  in  a  civil,  quasi-criminal
10    proceeding, shall may be enforced by a criminal court when:
11             (1)  The respondent commits the crime  of  violation
12        of  an  order  of protection pursuant to Section 12-30 of
13        the Criminal Code of 1961, by having knowingly violated:
14                  (i)  remedies described in paragraphs (1), (2),
15             (3), (14), or (14.5) of subsection  (b)  of  Section
16             112A-14,
17                  (ii)  a  remedy, which is substantially similar
18             to the remedies  authorized  under  paragraphs  (1),
19             (2),  (3),  (14)  or  (14.5)  of  subsection  (b) of
20             Section 214 of the Illinois Domestic Violence Act of
21             1986, in a  valid  order  of  protection,  which  is
22             authorized under the laws of another state, tribe or
23             United States territory,
24                  (iii)  or   any   other  remedy  when  the  act
25             constitutes a crime against the protected parties as
26             defined by the Criminal Code of 1961.
27        Prosecution for a violation of  an  order  of  protection
28    shall  not  bar  concurrent  prosecution for any other crime,
29    including any crime that may have been committed at the  time
30    of the violation of the order of protection; or
31             (2)  The  respondent  commits  the  crime  of  child
 
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 1        abduction  pursuant  to Section 10-5 of the Criminal Code
 2        of 1961, by having knowingly violated:
 3                  (i)  remedies described in paragraphs (5),  (6)
 4             or (8) of subsection (b) of Section 112A-14, or
 5                  (ii)  a  remedy, which is substantially similar
 6             to the remedies  authorized  under  paragraphs  (1),
 7             (5), (6), or (8) of subsection (b) of Section 214 of
 8             the  Illinois  Domestic  Violence  Act of 1986, in a
 9             valid order of protection, which is authorized under
10             the laws of another state, tribe  or  United  States
11             territory.
12        (b)  When  violation is contempt of court. A violation of
13    any valid order of protection, whether issued in a  civil  or
14    criminal   proceeding,  may  be  enforced  through  civil  or
15    criminal contempt procedures, as appropriate,  by  any  court
16    with  jurisdiction,  regardless  where  the act or acts which
17    violated the order  of  protection  were  committed,  to  the
18    extent  consistent with the venue provisions of this Article.
19    Nothing in this Article shall  preclude  any  Illinois  court
20    from  enforcing  any  valid  order  of  protection  issued in
21    another  state.  Illinois  courts  may  enforce   orders   of
22    protection  through  both  criminal  prosecution and contempt
23    proceedings, unless the action which is  second  in  time  is
24    barred   by   collateral   estoppel   or  the  constitutional
25    prohibition against double jeopardy.
26             (1)  In a contempt proceeding where the petition for
27        a rule to show  cause  sets  forth  facts  evidencing  an
28        immediate  danger  that  the  respondent  will  flee  the
29        jurisdiction,  conceal a child, or inflict physical abuse
30        on the petitioner  or  minor  children  or  on  dependent
31        adults  in  petitioner's  care,  the  court may order the
32        attachment of the respondent without prior service of the
33        rule to show cause or the petition for  a  rule  to  show
34        cause.   Bond  shall be set unless specifically denied in
 
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 1        writing.
 2             (2)  A  petition  for  a  rule  to  show  cause  for
 3        violation of an order of protection shall be  treated  as
 4        an expedited proceeding.
 5        (c)  Violation  of custody or support orders. A violation
 6    of remedies described in paragraphs (5), (6), (8), or (9)  of
 7    subsection  (b)  of  Section  112A-14  may be enforced by any
 8    remedy provided by Section 611 of the Illinois  Marriage  and
 9    Dissolution  of Marriage Act. The court may enforce any order
10    for support issued under paragraph (12) of subsection (b)  of
11    Section   112A-14 in the manner provided for under Articles V
12    and VII of the Illinois Marriage and Dissolution of  Marriage
13    Act.
14        (d)  Actual  knowledge.  An  order  of  protection may be
15    enforced pursuant to this Section if the respondent  violates
16    the  order  after  respondent  has  actual  knowledge  of its
17    contents as shown through one of the following means:
18             (1)  By service, delivery, or notice  under  Section
19        112A-10.
20             (2)  By notice under Section 112A-11.
21             (3)  By  service  of  an  order  of protection under
22        Section 112A-22.
23             (4)  By other means demonstrating  actual  knowledge
24        of the contents of the order.
25        (e)  The  enforcement  of an order of protection in civil
26    or criminal court shall not be  affected  by  either  of  the
27    following:
28             (1)  The  existence of a separate, correlative order
29        entered under Section 112A-15.
30             (2)  Any finding or order  entered  in  a  conjoined
31        criminal proceeding.
32        (f)  Circumstances.   The court, when determining whether
33    or not a violation of an order of  protection  has  occurred,
34    shall  not  require  physical  manifestations of abuse on the
 
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 1    person of the victim.
 2        (g)  Penalties.
 3             (1)  Except as provided in  paragraph  (3)  of  this
 4        subsection,  where  the  court  finds the commission of a
 5        crime or contempt of court under subsections (a)  or  (b)
 6        of  this  Section,  the penalty shall be the penalty that
 7        generally  applies   in   such   criminal   or   contempt
 8        proceedings,   and   may  include  one  or  more  of  the
 9        following: incarceration, payment of restitution, a fine,
10        payment  of  attorneys'  fees  and  costs,  or  community
11        service.
12             (2)  The court shall  hear  and  take  into  account
13        evidence  of  any  factors  in  aggravation or mitigation
14        before deciding an appropriate  penalty  under  paragraph
15        (1) of this subsection.
16             (3)  To  the  extent  permitted by law, the court is
17        encouraged to:
18                  (i)  increase  the  penalty  for  the   knowing
19             violation  of  any  order  of  protection  over  any
20             penalty   previously   imposed   by  any  court  for
21             respondent's violation of any order of protection or
22             penal statute involving  petitioner  as  victim  and
23             respondent as defendant;
24                  (ii)  impose  a  minimum  penalty  of  24 hours
25             imprisonment for respondent's first violation of any
26             order of protection; and
27                  (iii)  impose a minimum  penalty  of  48  hours
28             imprisonment  for  respondent's second or subsequent
29             violation of an order of protection
30        unless the  court  explicitly  finds  that  an  increased
31        penalty   or   that   period  of  imprisonment  would  be
32        manifestly unjust.
33             (4)  In addition to any other penalties imposed  for
34        a  violation  of an order of protection, a criminal court
 
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 1        may consider evidence of any violations of  an  order  of
 2        protection:
 3                  (i)  to  increase,  revoke  or  modify the bail
 4             bond on an underlying criminal  charge  pursuant  to
 5             Section 110-6;
 6                  (ii)  to   revoke   or   modify   an  order  of
 7             probation,  conditional  discharge  or  supervision,
 8             pursuant to Section 5-6-4 of  the  Unified  Code  of
 9             Corrections;
10                  (iii)  to   revoke  or  modify  a  sentence  of
11             periodic imprisonment, pursuant to Section 5-7-2  of
12             the Unified Code of Corrections.
13    (Source: P.A. 90-732, eff. 8-11-98.)

14        Section  10.   The Illinois Domestic Violence Act of 1986
15    is amended by changing Section 223 as follows:

16        (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
17        Sec. 223.  Enforcement of orders of protection.
18        (a)  When violation is crime. A violation of any order of
19    protection, whether issued in a civil or criminal proceeding,
20    shall may be enforced by a criminal court when:
21             (1)  The respondent commits the crime  of  violation
22        of  an  order  of protection pursuant to Section 12-30 of
23        the Criminal Code of 1961, by having knowingly violated:
24                  (i)  remedies described in paragraphs (1), (2),
25             (3), (14), or (14.5) of subsection  (b)  of  Section
26             214 of this Act; or
27                  (ii)  a  remedy, which is substantially similar
28             to the remedies  authorized  under  paragraphs  (1),
29             (2),  (3),  (14),  and  (14.5)  of subsection (b) of
30             Section 214  of  this  Act,  in  a  valid  order  of
31             protection  which  is  authorized  under the laws of
32             another state, tribe, or United States territory; or
 
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 1                  (iii)  any   other   remedy   when   the    act
 2             constitutes a crime against the protected parties as
 3             defined by the Criminal Code of 1961.
 4             Prosecution   for   a   violation  of  an  order  of
 5        protection shall not bar concurrent prosecution  for  any
 6        other  crime,  including  any  crime  that  may have been
 7        committed at the time of the violation of  the  order  of
 8        protection; or
 9             (2)  The  respondent  commits  the  crime  of  child
10        abduction  pursuant  to Section 10-5 of the Criminal Code
11        of 1961, by having knowingly violated:
12                  (i)  remedies described in paragraphs (5),  (6)
13             or (8) of subsection (b) of Section 214 of this Act;
14             or
15                  (ii)  a  remedy, which is substantially similar
16             to the remedies  authorized  under  paragraphs  (5),
17             (6), or (8) of subsection (b) of Section 214 of this
18             Act,  in  a  valid  order  of  protection  which  is
19             authorized  under  the laws of another state, tribe,
20             or United States territory.
21        (b)  When violation is contempt of court. A violation  of
22    any  valid  Illinois order of protection, whether issued in a
23    civil or criminal proceeding, may be enforced  through  civil
24    or criminal contempt procedures, as appropriate, by any court
25    with  jurisdiction,  regardless  where  the act or acts which
26    violated the order  of  protection  were  committed,  to  the
27    extent  consistent  with  the  venue  provisions of this Act.
28    Nothing in this Act shall preclude any  Illinois  court  from
29    enforcing  any  valid  order  of protection issued in another
30    state. Illinois  courts  may  enforce  orders  of  protection
31    through  both  criminal prosecution and contempt proceedings,
32    unless the action which  is  second  in  time  is  barred  by
33    collateral estoppel or the constitutional prohibition against
34    double jeopardy.
 
HB0206 Engrossed            -7-      LRB093 04398 MKM 04448 b
 1             (1)  In a contempt proceeding where the petition for
 2        a  rule  to  show  cause  sets  forth facts evidencing an
 3        immediate  danger  that  the  respondent  will  flee  the
 4        jurisdiction, conceal a child, or inflict physical  abuse
 5        on  the  petitioner  or  minor  children  or on dependent
 6        adults in petitioner's care,  the  court  may  order  the
 7        attachment of the respondent without prior service of the
 8        rule  to  show  cause  or the petition for a rule to show
 9        cause.  Bond shall be set unless specifically  denied  in
10        writing.
11             (2)  A  petition  for  a  rule  to  show  cause  for
12        violation  of  an order of protection shall be treated as
13        an expedited proceeding.
14        (c)  Violation of custody or support orders. A  violation
15    of  remedies described in paragraphs (5), (6), (8), or (9) of
16    subsection (b) of Section 214 of this Act may be enforced  by
17    any  remedy  provided by Section 611 of the Illinois Marriage
18    and Dissolution of Marriage Act. The court  may  enforce  any
19    order  for  support issued under paragraph (12) of subsection
20    (b) of Section  214 in the manner provided for under Articles
21    V and  VII  of  the  Illinois  Marriage  and  Dissolution  of
22    Marriage Act.
23        (d)  Actual  knowledge.  An  order  of  protection may be
24    enforced pursuant to this Section if the respondent  violates
25    the  order  after  the respondent has actual knowledge of its
26    contents as shown through one of the following means:
27             (1)  By service, delivery, or notice  under  Section
28        210.
29             (2)  By notice under Section 210.1 or 211.
30             (3)  By  service  of  an  order  of protection under
31        Section 222.
32             (4)  By other means demonstrating  actual  knowledge
33        of the contents of the order.
34        (e)  The  enforcement  of an order of protection in civil
 
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 1    or criminal court shall not be  affected  by  either  of  the
 2    following:
 3             (1)  The existence of a separate, correlative order,
 4        entered under Section 215.
 5             (2)  Any  finding  or  order  entered in a conjoined
 6        criminal proceeding.
 7        (f)  Circumstances.  The court, when determining  whether
 8    or  not  a  violation of an order of protection has occurred,
 9    shall not require physical manifestations  of  abuse  on  the
10    person of the victim.
11        (g)  Penalties.
12             (1)  Except  as  provided  in  paragraph (3) of this
13        subsection, where the court finds  the  commission  of  a
14        crime  or  contempt of court under subsections (a) or (b)
15        of this Section, the penalty shall be  the  penalty  that
16        generally   applies   in   such   criminal   or  contempt
17        proceedings,  and  may  include  one  or  more   of   the
18        following: incarceration, payment of restitution, a fine,
19        payment  of  attorneys'  fees  and  costs,  or  community
20        service.
21             (2)  The  court  shall  hear  and  take into account
22        evidence of any  factors  in  aggravation  or  mitigation
23        before  deciding  an  appropriate penalty under paragraph
24        (1) of this subsection.
25             (3)  To the extent permitted by law,  the  court  is
26        encouraged to:
27                  (i)  increase   the  penalty  for  the  knowing
28             violation  of  any  order  of  protection  over  any
29             penalty  previously  imposed  by   any   court   for
30             respondent's violation of any order of protection or
31             penal  statute  involving  petitioner  as victim and
32             respondent as defendant;
33                  (ii)  impose a  minimum  penalty  of  24  hours
34             imprisonment for respondent's first violation of any
 
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 1             order of protection; and
 2                  (iii)  impose  a  minimum  penalty  of 48 hours
 3             imprisonment for respondent's second  or  subsequent
 4             violation of an order of protection
 5        unless  the  court  explicitly  finds  that  an increased
 6        penalty  or  that  period  of   imprisonment   would   be
 7        manifestly unjust.
 8             (4)  In  addition to any other penalties imposed for
 9        a violation of an order of protection, a  criminal  court
10        may  consider  evidence  of any violations of an order of
11        protection:
12                  (i)  to increase, revoke  or  modify  the  bail
13             bond  on  an  underlying criminal charge pursuant to
14             Section 110-6 of the Code of Criminal  Procedure  of
15             1963;
16                  (ii)  to   revoke   or   modify   an  order  of
17             probation,  conditional  discharge  or  supervision,
18             pursuant to Section 5-6-4 of  the  Unified  Code  of
19             Corrections;
20                  (iii)  to   revoke  or  modify  a  sentence  of
21             periodic imprisonment, pursuant to Section 5-7-2  of
22             the Unified Code of Corrections.
23             (5)  In  addition  to any other penalties, the court
24        shall impose an additional fine of $20 as  authorized  by
25        Section  5-9-1.11 of the Unified Code of Corrections upon
26        any person convicted of or placed on  supervision  for  a
27        violation of an order of protection.  The additional fine
28        shall be imposed for each violation of this Section.
29    (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)