Illinois General Assembly - Full Text of SB2277
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Full Text of SB2277  102nd General Assembly

SB2277 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2277

 

Introduced 2/26/2021, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-20  from Ch. 38, par. 112A-20

    Amends the Code of Criminal Procedure of 1963. Provides that the duration of a civil no contact order is permanent if a judgment of conviction for criminal sexual assault is entered.


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A BILL FOR

 

SB2277LRB102 15335 KMF 20692 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 Section 112A-20 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; and .
12        (6) permanent for a civil no contact order if a
13    judgment of conviction for criminal sexual assault is
14    entered.
15    (c) Computation of time. The duration of a domestic
16violence order of protection shall not be reduced by the
17duration of any prior domestic violence order of protection.
18    (d) Law enforcement records. When a protective order
19expires upon the occurrence of a specified event, rather than
20upon a specified date as provided in subsection (b), no
21expiration date shall be entered in Department of State Police
22records. To remove the protective order from those records,
23either the petitioner or the respondent shall request the
24clerk of the court to file a certified copy of an order stating
25that the specified event has occurred or that the protective
26order has been vacated or modified with the sheriff, and the

 

 

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1sheriff shall direct that law enforcement records shall be
2promptly corrected in accordance with the filed order.
3    (e) Extension of Orders. Any domestic violence order of
4protection or civil no contact order that expires 2 years
5after the expiration of the defendant's sentence under
6paragraph (2), (3), or (4) of subsection (b) of Section
7112A-20 of this Article may be extended one or more times, as
8required. The petitioner, petitioner's counsel, or the State's
9Attorney on the petitioner's behalf shall file the motion for
10an extension of the final protective order in the criminal
11case and serve the motion in accordance with Supreme Court
12Rules 11 and 12. The court shall transfer the motion to the
13appropriate court or division for consideration under
14subsection (e) of Section 220 of the Illinois Domestic
15Violence Act of 1986, subsection (c) of Section 216 of the
16Civil No Contact Order Act, or subsection (c) of Section 105 of
17the Stalking No Contact Order as appropriate.
18    (f) Termination date. Any final protective order which
19would expire on a court holiday shall instead expire at the
20close of the next court business day.
21    (g) Statement of purpose. The practice of dismissing or
22suspending a criminal prosecution in exchange for issuing a
23protective order undermines the purposes of this Article. This
24Section shall not be construed as encouraging that practice.
25(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)