Full Text of HB0399 099th General Assembly
HB0399 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0399 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-4 | from Ch. 38, par. 112A-4 | 725 ILCS 5/112A-20 | from Ch. 38, par. 112A-20 | 750 ILCS 60/201 | from Ch. 40, par. 2312-1 | 750 ILCS 60/220 | from Ch. 40, par. 2312-20 |
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Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by the State's Attorney on behalf of a person
who
has been abused by a family or household member. Provides that the court may, on its own motion, on behalf of a person
who
has been abused by a family or household member issue an order of protection. Lengthens duration of plenary order of protection in a criminal case to no longer than 10 years after sentence completion (rather than 2 years).
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| | A BILL FOR |
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| 1 | | AN ACT concerning orders of protection.
| 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 Sections 112A-4 and 112A-20 as follows:
| 6 | | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
| 7 | | Sec. 112A-4. Persons protected by this article.
| 8 | | (a) The following persons are protected by
this Article:
| 9 | | (i) any person abused by a family or household member;
| 10 | | (ii) any minor child or dependent adult in the care of
| 11 | | such person; and
| 12 | | (iii) any person residing or employed at a private home | 13 | | or public
shelter which is housing an abused family or | 14 | | household member.
| 15 | | (b) A petition for an order of protection may be filed only | 16 | | by : | 17 | | (1) a person
who
has been abused by a family or | 18 | | household member ; | 19 | | (2) or by any person on behalf
of a minor child or an | 20 | | adult who has been
abused by a family or household
member | 21 | | and who, because of age, health, disability, or | 22 | | inaccessibility,
cannot file the petition ; or | 23 | | (3) the State's Attorney on behalf of a person
who
has |
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| 1 | | been abused by a family or household member . | 2 | | However, any petition properly
filed under this Article may | 3 | | seek
protection for any additional persons protected by this | 4 | | Article.
| 5 | | (c) The court may, on its own motion, on behalf of a person
| 6 | | who
has been abused by a family or household member issue an | 7 | | order of protection under this Article. | 8 | | (Source: P.A. 87-1186.)
| 9 | | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| 10 | | Sec. 112A-20. Duration and extension of orders.
| 11 | | (a) Duration of emergency and interim orders. Unless | 12 | | re-opened or
extended or voided by entry of
an order of greater | 13 | | duration:
| 14 | | (1) Emergency orders issued under Section 112A-17 | 15 | | shall be
effective for not less than 14 nor more than 21 | 16 | | days;
| 17 | | (2) Interim orders shall be effective for up to 30 | 18 | | days.
| 19 | | (b) Duration of plenary orders. Except as otherwise | 20 | | provided in this
Section, a plenary order of protection shall | 21 | | be valid for a fixed period
of time not to exceed 2 years.
A | 22 | | plenary order of protection entered in conjunction with a | 23 | | criminal
prosecution shall remain in effect as follows:
| 24 | | (1) if entered during pre-trial release, until | 25 | | disposition, withdrawal,
or dismissal of the underlying |
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| 1 | | charge; if, however, the case is continued as an
| 2 | | independent cause of action, the order's duration may be | 3 | | for a fixed period
of time not to exceed 2 years;
| 4 | | (2) if in effect in conjunction with a bond forfeiture | 5 | | warrant, until
final disposition or an additional period
of | 6 | | time not
exceeding 2 years; no order of
protection, | 7 | | however, shall be terminated by a dismissal that is | 8 | | accompanied
by the issuance of a bond forfeiture warrant;
| 9 | | (3) until expiration of any supervision, conditional | 10 | | discharge,
probation, periodic imprisonment, parole, | 11 | | aftercare release, or mandatory supervised release and for | 12 | | an additional period of time thereafter not
exceeding 10 2 | 13 | | years; or
| 14 | | (4) until the date set by the court for expiration of | 15 | | any sentence of
imprisonment and subsequent parole, | 16 | | aftercare release, or mandatory supervised release
and for | 17 | | an additional period of time
thereafter not exceeding 10 2 | 18 | | years.
| 19 | | (c) Computation of time. The duration of an order of | 20 | | protection shall
not be reduced by the duration of any prior | 21 | | order of protection.
| 22 | | (d) Law enforcement records. When a plenary order of | 23 | | protection expires
upon the occurrence of a specified event, | 24 | | rather than upon a specified date
as provided in subsection | 25 | | (b), no expiration date shall be entered in
Department of State | 26 | | Police records. To remove the plenary order from
those records, |
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| 1 | | either party shall request the clerk of the court to file a
| 2 | | certified copy of an order stating that the specified event has | 3 | | occurred or
that the plenary order has been vacated or modified | 4 | | with the sheriff, and the
sheriff shall direct that law | 5 | | enforcement records shall be promptly
corrected in accordance | 6 | | with the filed order.
| 7 | | (e) Extension of Orders. Any emergency, interim or plenary | 8 | | order of
protection may be extended one or more times, as | 9 | | required, provided that
the requirements of Section 112A-17, | 10 | | 112A-18 or 112A-19, as appropriate, are satisfied.
If the | 11 | | motion for extension is uncontested and petitioner seeks no
| 12 | | modification of the order,
the order may be extended on the | 13 | | basis of petitioner's motion or
affidavit stating that there | 14 | | has been no material change in relevant
circumstances since | 15 | | entry of the order and stating the reason for the
requested | 16 | | extension. An extension of a plenary order of protection may be | 17 | | granted, upon good cause shown, to remain in effect until the | 18 | | order of protection is vacated or modified. Extensions may be | 19 | | granted only in
open court and not under the provisions of | 20 | | Section 112A-17(c), which
applies only when the court is | 21 | | unavailable at the close of business or on a
court holiday.
| 22 | | (f) Termination date. Any order of protection which would | 23 | | expire on a
court holiday shall instead expire at the close of | 24 | | the next court business day.
| 25 | | (g) Statement of purpose. The practice of dismissing or | 26 | | suspending a
criminal prosecution in exchange for issuing an |
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| 1 | | order of protection
undermines the purposes of this Article. | 2 | | This Section shall not be
construed as encouraging that | 3 | | practice.
| 4 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 5 | | Section 10. The Illinois Domestic Violence Act of 1986 is | 6 | | amended by changing Sections 201 and 220 as follows:
| 7 | | (750 ILCS 60/201) (from Ch. 40, par. 2312-1)
| 8 | | Sec. 201. Persons protected by this Act.
| 9 | | (a) The following persons are protected by this Act:
| 10 | | (i) any person abused by a family or household member;
| 11 | | (ii) any high-risk adult with disabilities who is | 12 | | abused, neglected,
or exploited by a family or household | 13 | | member;
| 14 | | (iii) any minor child or dependent adult in the care of | 15 | | such person; and
| 16 | | (iv) any person residing or employed at a private home | 17 | | or public
shelter which is housing an abused family or | 18 | | household member.
| 19 | | (b) A petition for an order of protection may be filed
| 20 | | only : (i) by a person who
has been abused by a family or | 21 | | household member or by any person on behalf
of a minor child or | 22 | | an adult who has been
abused by a
family or household
member | 23 | | and who, because of age, health, disability, or | 24 | | inaccessibility,
cannot
file the petition, or (ii) by any |
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| 1 | | person on behalf of a high-risk adult with
disabilities who has | 2 | | been abused, neglected, or exploited by a family or
household | 3 | | member , or (iii) by the State's Attorney on behalf of a person
| 4 | | who
has been abused by a family or household member . | 5 | | However, any petition properly filed under this Act may | 6 | | seek
protection for any additional persons protected by this | 7 | | Act.
| 8 | | (c) The court may, on its own motion, on behalf of a person
| 9 | | who
has been abused by a family or household member issue an | 10 | | order of protection under this Act. | 11 | | (Source: P.A. 86-542; 87-1186.)
| 12 | | (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
| 13 | | Sec. 220. Duration and extension of orders.
| 14 | | (a) Duration of emergency and interim orders. Unless | 15 | | re-opened or
extended or voided by entry of an order of greater | 16 | | duration:
| 17 | | (1) Emergency orders issued under Section 217 shall be | 18 | | effective for
not less than 14 nor more than 21 days;
| 19 | | (2) Interim orders shall be effective for up to 30 | 20 | | days.
| 21 | | (b) Duration of plenary orders. Except as otherwise | 22 | | provided in this
Section, a plenary order of protection shall | 23 | | be valid for a fixed period of
time, not to exceed two years.
| 24 | | (1) A plenary order of protection entered in | 25 | | conjunction with another
civil
proceeding shall remain in |
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| 1 | | effect as follows:
| 2 | | (i) if entered as preliminary relief in that other | 3 | | proceeding, until
entry of final judgment in
that other | 4 | | proceeding;
| 5 | | (ii) if incorporated into the final judgment in | 6 | | that other
proceeding, until the order of protection is | 7 | | vacated or modified; or
| 8 | | (iii) if incorporated in an order for involuntary | 9 | | commitment, until
termination of both the involuntary | 10 | | commitment and any voluntary
commitment, or for a fixed | 11 | | period of time not exceeding 2 years.
| 12 | | (2) A plenary order of protection entered in | 13 | | conjunction with a criminal
prosecution shall remain in | 14 | | effect as follows:
| 15 | | (i) if entered during pre-trial release, until | 16 | | disposition, withdrawal,
or dismissal of the | 17 | | underlying charge;
if, however, the case is continued | 18 | | as an independent cause of action, the
order's duration | 19 | | may be for a fixed period of time not to exceed 2 | 20 | | years;
| 21 | | (ii) if in effect in conjunction with a bond | 22 | | forfeiture warrant, until
final disposition or an | 23 | | additional period of time not
exceeding 2 years;
no | 24 | | order of protection, however, shall be terminated by a | 25 | | dismissal that
is accompanied by the issuance of a bond | 26 | | forfeiture warrant;
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| 1 | | (iii) until expiration of any supervision, | 2 | | conditional discharge,
probation, periodic | 3 | | imprisonment, parole, aftercare release, or mandatory | 4 | | supervised release and for an additional period of time | 5 | | thereafter not
exceeding 10 2 years; or
| 6 | | (iv) until the date set by the court for expiration | 7 | | of any sentence of
imprisonment and subsequent parole, | 8 | | aftercare release, or mandatory supervised release
and | 9 | | for an additional period of time thereafter
not | 10 | | exceeding 10 2 years.
| 11 | | (c) Computation of time. The duration of an order of | 12 | | protection shall
not be reduced by the duration of any prior | 13 | | order of protection.
| 14 | | (d) Law enforcement records. When a plenary order of | 15 | | protection expires
upon the occurrence of a specified event, | 16 | | rather than upon a specified date
as provided in subsection | 17 | | (b), no expiration date shall be entered in
Department of State | 18 | | Police records. To remove the plenary order from those
records, | 19 | | either party shall request the clerk of the court to file a
| 20 | | certified copy of an order stating that the specified event has | 21 | | occurred or
that the plenary order has been vacated or modified | 22 | | with the Sheriff, and the
Sheriff shall direct that law | 23 | | enforcement records shall be promptly
corrected in accordance | 24 | | with the filed order.
| 25 | | (e) Extension of orders. Any emergency, interim or plenary | 26 | | order
may be extended one or more times, as required, provided |
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| 1 | | that
the requirements of Section 217, 218 or 219, as | 2 | | appropriate, are satisfied.
If the motion for extension is | 3 | | uncontested and petitioner seeks no
modification of the order,
| 4 | | the order may be extended on the basis of petitioner's motion | 5 | | or
affidavit stating that there has been no material change in | 6 | | relevant
circumstances since entry of the order and stating the | 7 | | reason for the
requested extension. An extension of a plenary | 8 | | order of protection may be granted, upon good cause shown, to | 9 | | remain in effect until the order of protection is vacated or | 10 | | modified.
Extensions may be granted only in open court and not | 11 | | under the provisions
of subsection (c) of Section 217, which | 12 | | applies only when the court is
unavailable at the close of | 13 | | business or on a court holiday.
| 14 | | (f) Termination date. Any order of protection which would | 15 | | expire on a
court holiday shall instead expire at the close of | 16 | | the next court business day.
| 17 | | (g) Statement of purpose. The practice of dismissing or | 18 | | suspending a
criminal prosecution in exchange for the issuance | 19 | | of an order of protection
undermines the purposes of this Act. | 20 | | This Section shall not be construed
as encouraging that | 21 | | practice.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14.)
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