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Full Text of HB0206  93rd General Assembly

HB0206ham001 93rd General Assembly


093_HB0206ham001

 










                                     LRB093 04398 MKM 12490 a

 1                     AMENDMENT TO HOUSE BILL 206

 2        AMENDMENT NO.     .  Amend House Bill  206  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 04398 MKM 12490 a
 1             United States territory,
 2                  (iii)  or  any  other  remedy  when   the   act
 3             constitutes a crime against the protected parties as
 4             defined by the Criminal Code of 1961.
 5        Prosecution  for  a  violation  of an order of protection
 6    shall not bar concurrent prosecution  for  any  other  crime,
 7    including  any crime that may have been committed at the time
 8    of the violation of the order of 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 112A-14, or
14                  (ii)  a remedy, which is substantially  similar
15             to  the  remedies  authorized  under paragraphs (1),
16             (5), (6), or (8) of subsection (b) of Section 214 of
17             the Illinois Domestic Violence Act  of  1986,  in  a
18             valid order of protection, which is authorized under
19             the  laws  of  another state, tribe or United States
20             territory.
21        (b)  When violation is contempt of court. A violation  of
22    any  valid  order of protection, whether issued in a civil or
23    criminal  proceeding,  may  be  enforced  through  civil   or
24    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  Article.
28    Nothing  in  this  Article  shall preclude any Illinois court
29    from enforcing  any  valid  order  of  protection  issued  in
30    another   state.   Illinois  courts  may  enforce  orders  of
31    protection through both  criminal  prosecution  and  contempt
32    proceedings,  unless  the  action  which is second in time is
33    barred  by  collateral   estoppel   or   the   constitutional
34    prohibition against double jeopardy.
 
                            -3-      LRB093 04398 MKM 12490 a
 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 112A-14  may  be  enforced  by  any
17    remedy  provided  by Section 611 of the Illinois Marriage and
18    Dissolution of Marriage Act. The court may enforce any  order
19    for  support issued under paragraph (12) of subsection (b) of
20    Section  112A-14 in the manner provided for under Articles  V
21    and  VII of the Illinois Marriage and Dissolution of Marriage
22    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  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        112A-10.
29             (2)  By notice under Section 112A-11.
30             (3)  By service of  an  order  of  protection  under
31        Section 112A-22.
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
 
                            -4-      LRB093 04398 MKM 12490 a
 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 112A-15.
 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
 
                            -5-      LRB093 04398 MKM 12490 a
 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;
15                  (ii)  to  revoke  or   modify   an   order   of
16             probation,  conditional  discharge  or  supervision,
17             pursuant  to  Section  5-6-4  of the Unified Code of
18             Corrections;
19                  (iii)  to  revoke  or  modify  a  sentence   of
20             periodic  imprisonment, pursuant to Section 5-7-2 of
21             the Unified Code of Corrections.
22    (Source: P.A. 90-732, eff. 8-11-98.)

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

25        (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
26        Sec. 223.  Enforcement of orders of protection.
27        (a)  When violation is crime. A violation of any order of
28    protection, whether issued in a civil or criminal proceeding,
29    shall may be enforced by a criminal court when:
30             (1)  The  respondent  commits the crime of violation
31        of an order of protection pursuant to  Section  12-30  of
32        the Criminal Code of 1961, by having knowingly violated:
 
                            -6-      LRB093 04398 MKM 12490 a
 1                  (i)  remedies described in paragraphs (1), (2),
 2             (3),  (14),  or  (14.5) of subsection (b) of Section
 3             214 of this Act; or
 4                  (ii)  a remedy, which is substantially  similar
 5             to  the  remedies  authorized  under paragraphs (1),
 6             (2), (3), (14), and  (14.5)  of  subsection  (b)  of
 7             Section  214  of  this  Act,  in  a  valid  order of
 8             protection which is authorized  under  the  laws  of
 9             another state, tribe, or United States territory; or
10                  (iii)  any    other   remedy   when   the   act
11             constitutes a crime against the protected parties as
12             defined by the Criminal Code of 1961.
13             Prosecution  for  a  violation  of   an   order   of
14        protection  shall  not bar concurrent prosecution for any
15        other crime, including  any  crime  that  may  have  been
16        committed  at  the  time of the violation of the order of
17        protection; or
18             (2)  The  respondent  commits  the  crime  of  child
19        abduction pursuant to Section 10-5 of the  Criminal  Code
20        of 1961, by having knowingly violated:
21                  (i)  remedies  described in paragraphs (5), (6)
22             or (8) of subsection (b) of Section 214 of this Act;
23             or
24                  (ii)  a remedy, which is substantially  similar
25             to  the  remedies  authorized  under paragraphs (5),
26             (6), or (8) of subsection (b) of Section 214 of this
27             Act,  in  a  valid  order  of  protection  which  is
28             authorized under the laws of another  state,  tribe,
29             or United States territory.
30        (b)  When  violation is contempt of court. A violation of
31    any valid Illinois order of protection, whether issued  in  a
32    civil  or  criminal proceeding, may be enforced through civil
33    or criminal contempt procedures, as appropriate, by any court
34    with jurisdiction, regardless where the  act  or  acts  which
 
                            -7-      LRB093 04398 MKM 12490 a
 1    violated  the  order  of  protection  were  committed, to the
 2    extent consistent with the  venue  provisions  of  this  Act.
 3    Nothing  in  this  Act shall preclude any Illinois court from
 4    enforcing any valid order of  protection  issued  in  another
 5    state.  Illinois  courts  may  enforce  orders  of protection
 6    through both criminal prosecution and  contempt  proceedings,
 7    unless  the  action  which  is  second  in  time is barred by
 8    collateral estoppel or the constitutional prohibition against
 9    double jeopardy.
10             (1)  In a contempt proceeding where the petition for
11        a rule to show  cause  sets  forth  facts  evidencing  an
12        immediate  danger  that  the  respondent  will  flee  the
13        jurisdiction,  conceal a child, or inflict physical abuse
14        on the petitioner  or  minor  children  or  on  dependent
15        adults  in  petitioner's  care,  the  court may order the
16        attachment of the respondent without prior service of the
17        rule to show cause or the petition for  a  rule  to  show
18        cause.   Bond  shall be set unless specifically denied in
19        writing.
20             (2)  A  petition  for  a  rule  to  show  cause  for
21        violation of an order of protection shall be  treated  as
22        an expedited proceeding.
23        (c)  Violation  of custody or support orders. A violation
24    of remedies described in paragraphs (5), (6), (8), or (9)  of
25    subsection  (b) of Section 214 of this Act may be enforced by
26    any remedy provided by Section 611 of the  Illinois  Marriage
27    and  Dissolution  of  Marriage Act. The court may enforce any
28    order for support issued under paragraph (12)  of  subsection
29    (b) of Section  214 in the manner provided for under Articles
30    V  and  VII  of  the  Illinois  Marriage  and  Dissolution of
31    Marriage Act.
32        (d)  Actual knowledge. An  order  of  protection  may  be
33    enforced  pursuant to this Section if the respondent violates
34    the order after the respondent has actual  knowledge  of  its
 
                            -8-      LRB093 04398 MKM 12490 a
 1    contents as shown through one of the following means:
 2             (1)  By  service,  delivery, or notice under Section
 3        210.
 4             (2)  By notice under Section 210.1 or 211.
 5             (3)  By service of  an  order  of  protection  under
 6        Section 222.
 7             (4)  By  other  means demonstrating actual knowledge
 8        of the contents of the order.
 9        (e)  The enforcement of an order of protection  in  civil
10    or  criminal  court  shall  not  be affected by either of the
11    following:
12             (1)  The existence of a separate, correlative order,
13        entered under Section 215.
14             (2)  Any finding or order  entered  in  a  conjoined
15        criminal proceeding.
16        (f)  Circumstances.   The court, when determining whether
17    or not a violation of an order of  protection  has  occurred,
18    shall  not  require  physical  manifestations of abuse on the
19    person of the victim.
20        (g)  Penalties.
21             (1)  Except as provided in  paragraph  (3)  of  this
22        subsection,  where  the  court  finds the commission of a
23        crime or contempt of court under subsections (a)  or  (b)
24        of  this  Section,  the penalty shall be the penalty that
25        generally  applies   in   such   criminal   or   contempt
26        proceedings,   and   may  include  one  or  more  of  the
27        following: incarceration, payment of restitution, a fine,
28        payment  of  attorneys'  fees  and  costs,  or  community
29        service.
30             (2)  The court shall  hear  and  take  into  account
31        evidence  of  any  factors  in  aggravation or mitigation
32        before deciding an appropriate  penalty  under  paragraph
33        (1) of this subsection.
34             (3)  To  the  extent  permitted by law, the court is
 
                            -9-      LRB093 04398 MKM 12490 a
 1        encouraged to:
 2                  (i)  increase  the  penalty  for  the   knowing
 3             violation  of  any  order  of  protection  over  any
 4             penalty   previously   imposed   by  any  court  for
 5             respondent's violation of any order of protection or
 6             penal statute involving  petitioner  as  victim  and
 7             respondent as defendant;
 8                  (ii)  impose  a  minimum  penalty  of  24 hours
 9             imprisonment for respondent's first violation of any
10             order of protection; and
11                  (iii)  impose a minimum  penalty  of  48  hours
12             imprisonment  for  respondent's second or subsequent
13             violation of an order of protection
14        unless the  court  explicitly  finds  that  an  increased
15        penalty   or   that   period  of  imprisonment  would  be
16        manifestly unjust.
17             (4)  In addition to any other penalties imposed  for
18        a  violation  of an order of protection, a criminal court
19        may consider evidence of any violations of  an  order  of
20        protection:
21                  (i)  to  increase,  revoke  or  modify the bail
22             bond on an underlying criminal  charge  pursuant  to
23             Section  110-6  of the Code of Criminal Procedure of
24             1963;
25                  (ii)  to  revoke  or   modify   an   order   of
26             probation,  conditional  discharge  or  supervision,
27             pursuant  to  Section  5-6-4  of the Unified Code of
28             Corrections;
29                  (iii)  to  revoke  or  modify  a  sentence   of
30             periodic  imprisonment, pursuant to Section 5-7-2 of
31             the Unified Code of Corrections.
32             (5)  In addition to any other penalties,  the  court
33        shall  impose  an additional fine of $20 as authorized by
34        Section 5-9-1.11 of the Unified Code of Corrections  upon
 
                            -10-     LRB093 04398 MKM 12490 a
 1        any  person  convicted  of or placed on supervision for a
 2        violation of an order of protection.  The additional fine
 3        shall be imposed for each violation of this Section.
 4    (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)".