Full Text of HB5684 97th General Assembly
HB5684 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5684 Introduced 2/16/2012, by Rep. Carol A. Sente SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/112A-20 | from Ch. 38, par. 112A-20 |
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 plenary order of protection shall be automatically extended by the court for an additional 2-year period from the time the order would have otherwise expired, upon a determination by the court by a preponderance of the evidence that the respondent has violated the order.
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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 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 orders.
| 8 | | (a) Duration of emergency and interim orders. Unless | 9 | | re-opened or
extended or voided by entry of
an order of greater | 10 | | duration:
| 11 | | (1) Emergency orders issued under Section 112A-17 | 12 | | shall be
effective for not less than 14 nor more than 21 | 13 | | days;
| 14 | | (2) Interim orders shall be effective for up to 30 | 15 | | days.
| 16 | | (b) Duration of plenary orders. Except as otherwise | 17 | | provided in this
Section, a plenary order of protection shall | 18 | | be valid for a fixed period
of time not to exceed 2 years.
A | 19 | | plenary order of protection entered in conjunction with a | 20 | | criminal
prosecution shall remain in effect as follows:
| 21 | | (1) if entered during pre-trial release, until | 22 | | disposition, withdrawal,
or dismissal of the underlying | 23 | | charge; if, however, the case is continued as an
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| 1 | | independent cause of action, the order's duration may be | 2 | | for a fixed period
of time not to exceed 2 years;
| 3 | | (2) if in effect in conjunction with a bond forfeiture | 4 | | warrant, until
final disposition or an additional period
of | 5 | | time not
exceeding 2 years; no order of
protection, | 6 | | however, shall be terminated by a dismissal that is | 7 | | accompanied
by the issuance of a bond forfeiture warrant;
| 8 | | (3) until expiration of any supervision, conditional | 9 | | discharge,
probation, periodic imprisonment, parole or | 10 | | mandatory supervised release and for an additional period | 11 | | of time thereafter not
exceeding 2 years; or
| 12 | | (4) until the date set by the court for expiration of | 13 | | any sentence of
imprisonment and subsequent parole or | 14 | | mandatory supervised release
and for an additional period | 15 | | of time
thereafter not exceeding 2 years.
| 16 | | Notwithstanding any other provision of this subsection (b) | 17 | | to the contrary, a plenary order of protection shall be | 18 | | automatically extended by the court for an additional 2-year | 19 | | period from the time the order would have otherwise expired, | 20 | | upon a determination by the court by a preponderance of the | 21 | | evidence that the respondent has violated the order. | 22 | | (c) Computation of time. The duration of an order of | 23 | | protection shall
not be reduced by the duration of any prior | 24 | | order of protection.
| 25 | | (d) Law enforcement records. When a plenary order of | 26 | | protection expires
upon the occurrence of a specified event, |
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| 1 | | rather than upon a specified date
as provided in subsection | 2 | | (b), no expiration date shall be entered in
Department of State | 3 | | Police records. To remove the plenary order from
those records, | 4 | | either party shall request the clerk of the court to file a
| 5 | | certified copy of an order stating that the specified event has | 6 | | occurred or
that the plenary order has been vacated or modified | 7 | | with the sheriff, and the
sheriff shall direct that law | 8 | | enforcement records shall be promptly
corrected in accordance | 9 | | with the filed order.
| 10 | | (e) Extension of Orders. Any emergency, interim or plenary | 11 | | order of
protection may be extended one or more times, as | 12 | | required, provided that
the requirements of Section 112A-17, | 13 | | 112A-18 or 112A-19, as appropriate, are satisfied.
If the | 14 | | motion for extension is uncontested and petitioner seeks no
| 15 | | modification of the order,
the order may be extended on the | 16 | | basis of petitioner's motion or
affidavit stating that there | 17 | | has been no material change in relevant
circumstances since | 18 | | entry of the order and stating the reason for the
requested | 19 | | extension. An extension of a plenary order of protection may be | 20 | | granted, upon good cause shown, to remain in effect until the | 21 | | order of protection is vacated or modified. Extensions may be | 22 | | granted only in
open court and not under the provisions of | 23 | | Section 112A-17(c), which
applies only when the court is | 24 | | unavailable at the close of business or on a
court holiday.
| 25 | | (f) Termination date. Any order of protection which would | 26 | | expire on a
court holiday shall instead expire at the close of |
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| 1 | | the next court business day.
| 2 | | (g) Statement of purpose. The practice of dismissing or | 3 | | suspending a
criminal prosecution in exchange for issuing an | 4 | | order of protection
undermines the purposes of this Article. | 5 | | This Section shall not be
construed as encouraging that | 6 | | practice.
| 7 | | (Source: P.A. 95-886, eff. 1-1-09.)
| 8 | | Section 10. The Illinois Domestic Violence Act of 1986 is | 9 | | amended by changing Section 220 as follows:
| 10 | | (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
| 11 | | Sec. 220. Duration and extension of orders.
| 12 | | (a) Duration of emergency and interim orders. Unless | 13 | | re-opened or
extended or voided by entry of an order of greater | 14 | | duration:
| 15 | | (1) Emergency orders issued under Section 217 shall be | 16 | | effective for
not less than 14 nor more than 21 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 two years.
| 22 | | (1) A plenary order of protection entered in | 23 | | conjunction with another
civil
proceeding shall remain in | 24 | | effect as follows:
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| 1 | | (i) if entered as preliminary relief in that other | 2 | | proceeding, until
entry of final judgment in
that other | 3 | | proceeding;
| 4 | | (ii) if incorporated into the final judgment in | 5 | | that other
proceeding, until the order of protection is | 6 | | vacated or modified; or
| 7 | | (iii) if incorporated in an order for involuntary | 8 | | commitment, until
termination of both the involuntary | 9 | | commitment and any voluntary
commitment, or for a fixed | 10 | | period of time not exceeding 2 years.
| 11 | | (2) A plenary order of protection entered in | 12 | | conjunction with a criminal
prosecution shall remain in | 13 | | effect as follows:
| 14 | | (i) if entered during pre-trial release, until | 15 | | disposition, withdrawal,
or dismissal of the | 16 | | underlying charge;
if, however, the case is continued | 17 | | as an independent cause of action, the
order's duration | 18 | | may be for a fixed period of time not to exceed 2 | 19 | | years;
| 20 | | (ii) if in effect in conjunction with a bond | 21 | | forfeiture warrant, until
final disposition or an | 22 | | additional period of time not
exceeding 2 years;
no | 23 | | order of protection, however, shall be terminated by a | 24 | | dismissal that
is accompanied by the issuance of a bond | 25 | | forfeiture warrant;
| 26 | | (iii) until expiration of any supervision, |
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| 1 | | conditional discharge,
probation, periodic | 2 | | imprisonment, parole or mandatory supervised release | 3 | | and for an additional period of time thereafter not
| 4 | | exceeding 2 years; or
| 5 | | (iv) until the date set by the court for expiration | 6 | | of any sentence of
imprisonment and subsequent parole | 7 | | or mandatory supervised release
and for an additional | 8 | | period of time thereafter
not exceeding 2 years.
| 9 | | Notwithstanding any other provision of this subsection (b) | 10 | | to the contrary, a plenary order of protection shall be | 11 | | automatically extended by the court for an additional 2-year | 12 | | period from the time the order would have otherwise expired, | 13 | | upon a determination by the court by a preponderance of the | 14 | | evidence that the respondent has violated the order. | 15 | | (c) Computation of time. The duration of an order of | 16 | | protection shall
not be reduced by the duration of any prior | 17 | | order of protection.
| 18 | | (d) Law enforcement records. When a plenary order of | 19 | | protection expires
upon the occurrence of a specified event, | 20 | | rather than upon a specified date
as provided in subsection | 21 | | (b), no expiration date shall be entered in
Department of State | 22 | | Police records. To remove the plenary order from those
records, | 23 | | either party shall request the clerk of the court to file a
| 24 | | certified copy of an order stating that the specified event has | 25 | | occurred or
that the plenary order has been vacated or modified | 26 | | with the Sheriff, and the
Sheriff shall direct that law |
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| 1 | | enforcement records shall be promptly
corrected in accordance | 2 | | with the filed order.
| 3 | | (e) Extension of orders. Any emergency, interim or plenary | 4 | | order
may be extended one or more times, as required, provided | 5 | | that
the requirements of Section 217, 218 or 219, as | 6 | | appropriate, are satisfied.
If the motion for extension is | 7 | | uncontested and petitioner seeks no
modification of the order,
| 8 | | the order may be extended on the basis of petitioner's motion | 9 | | or
affidavit stating that there has been no material change in | 10 | | relevant
circumstances since entry of the order and stating the | 11 | | reason for the
requested extension. An extension of a plenary | 12 | | order of protection may be granted, upon good cause shown, to | 13 | | remain in effect until the order of protection is vacated or | 14 | | modified.
Extensions may be granted only in open court and not | 15 | | under the provisions
of subsection (c) of Section 217, which | 16 | | applies only when the court is
unavailable at the close of | 17 | | business or on a court holiday.
| 18 | | (f) Termination date. Any order of protection which would | 19 | | expire on a
court holiday shall instead expire at the close of | 20 | | the next court business day.
| 21 | | (g) Statement of purpose. The practice of dismissing or | 22 | | suspending a
criminal prosecution in exchange for the issuance | 23 | | of an order of protection
undermines the purposes of this Act. | 24 | | This Section shall not be construed
as encouraging that | 25 | | practice.
| 26 | | (Source: P.A. 95-886, eff. 1-1-09.)
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