Full Text of HB0269 94th General Assembly
HB0269 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0269
Introduced 1/18/2005, by Rep. Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/112A-17.5 new |
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725 ILCS 5/112A-28.5 new |
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750 ILCS 60/217.5 new |
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750 ILCS 60/302.5 new |
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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.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0269 |
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LRB094 04975 RLC 35190 b |
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| AN ACT in relation to criminal law.
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| 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:
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| (725 ILCS 5/112A-17.5 new)
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| Sec. 112A-17.5. Notice of orders.
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| (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
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| following the defendant's
release and refrain from entering or | 14 |
| remaining at the victim's residence for a
minimum period of 72
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| 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.
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| (b) No contact with family victim orders. The court order | 22 |
| shall include the
following
information:
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| (1) The court case number.
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| (2) The issue date of the order.
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| (3) The expiration date of the order, not to exceed 2 | 26 |
| years.
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| (4) The defendant's name, sex, race, date of birth, | 28 |
| height, weight,
hair, and eye color.
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| (5) The conditions of bond, including specific remedy.
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| (6) The victim's name.
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| (7) The protected person's name.
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| (8) The protected person's address.
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HB0269 |
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LRB094 04975 RLC 35190 b |
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| (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.
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| (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.
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| (725 ILCS 5/112A-28.5 new)
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| Sec. 112A-28.5. Entry of orders into LEADS.
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| (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.
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| (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.
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| (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.
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HB0269 |
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LRB094 04975 RLC 35190 b |
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| 1 |
| Section 10. The Illinois Domestic Violence Act of 1986 is | 2 |
| amended by adding
Sections 217.5 and
302.5 as follows:
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| (750 ILCS 60/217.5 new)
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| Sec. 217.5. Notice of orders.
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| (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:
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| (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.
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| (4) The defendant's name, sex, race, date of birth, | 25 |
| height, weight,
hair, and eye color.
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| (5) The conditions of bond, including specific remedy.
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| (6) The victim's name.
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| (7) The protected person's name.
| 29 |
| (8) The protected person's address.
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| (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.
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| (d) Service by sheriff. Unless the defendant was present in | 34 |
| court when the
order was issued, the
sheriff, other law |
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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.
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| (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.
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