HB3485ham002 102ND GENERAL ASSEMBLY

Rep. Denyse Stoneback

Filed: 4/15/2021

10200HB3485ham002 LRB102 13270 LNS 25183 a

AMENDMENT TO HOUSE BILL 3485

AMENDMENT NO. ______. Amend House Bill 3485, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Domestic Violence Act of 1986 is amended by changing Section 301 and adding Section 219.5 as follows:

(750 ILCS 60/219.5 new)

Sec. 219.5. Hope Cards.

(a) The Supreme Court may implement a program to issue a Hope Card to the petitioner of a plenary order of protection for the petitioner to distribute to any individual who may need to be aware of the order. The Supreme Court may work with other governmental agencies, including the Attorney General, the Secretary of State, and circuit court clerks, to implement the program.

(b) A Hope Card shall:

(1) be laminated and wallet-sized; and

(2) contain identifying information about the respondent of a plenary order of protection, including a photograph, the active dates of the order, the case number, and any other pertinent information contained in the order.

A Hope Card shall have the same effect as the underlying plenary order of protection.

(c) The program may provide for the issuance of a temporary Hope Card at the time of the entry of the plenary order of protection.

(d) The first 3 Hope Cards per protected party issued to a petitioner shall be free. The Supreme Court may establish a fee for any additional Hope Card, not to exceed $5 per Hope Card.

(750 ILCS 60/301) (from Ch. 40, par. 2313-1)

Sec. 301. Arrest without warrant.

(a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limited to violation of an order of protection, under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, even if the crime was not committed in the presence of the officer.

(b) The law enforcement officer may verify the existence of an order of protection by telephone or radio communication with his or her law enforcement agency or by referring to the copy of the order, or order of protection described on a Hope Card under Section 219.5, provided by the petitioner or respondent.

(c) Any law enforcement officer may make an arrest without warrant if the officer has reasonable grounds to believe a defendant at liberty under the provisions of subdivision (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal Procedure of 1963 has violated a condition of his or her bail bond or recognizance.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)".