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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]||[ Senate Amendment 001 ]|
90_HB3162enr 750 ILCS 60/228 new Amends the Illinois Domestic Violence Act of 1986. Provides that an order of protection against domestic violence issued by the court of another state, territory, or Indian tribe may be registered by a court of this State if certain conditions are met. Establishes civil immunity for a court, law enforcement officer, or other person who enforces the order of protection against domestic violence based upon a reasonable belief that the order is valid. Effective immediately. LRB9010776RCks HB3162 Enrolled LRB9010776RCks 1 AN ACT in relation to 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 Criminal Code of 1961 is amended by 5 changing Section 12-30 as follows: 6 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 7 Sec. 12-30. Violation of an order of protection. 8 (a) A person commits violation of an order of protection 9 if
he or she: 10 (1) He or she commits an act which was prohibited 11 by a court or fails to commit an act which was ordered by 12 a court in violation of: 13 (i) a remedy in a valid order of protection 14 authorized under paragraphs (1), (2), (3), or(14), 15 or (14.5) of subsection (b) of Section 214 of the 16 Illinois Domestic Violence Act of 1986, 17 (ii) a remedy, which is substantially similar 18 to the remedies authorized under paragraphs (1), 19 (2), (3), (14) or (14.5) of subsection (b) of 20 Section 214 of the Illinois Domestic Violence Act of 21 1986, in a valid order of protection, which is 22 authorized under the laws of another state, tribe or 23 United States territory, 24 (iii) any other remedy when the act 25 constitutes a crime against the protected parties as 26 the term protected parties is defined in Section 27 112A-4 of the Code of Criminal Procedure of 1963; 28 and .29 (2) Such violation occurs after the offender has 30 been served notice of the contents of the order, pursuant 31 to the Illinois Domestic Violence Act of 1986 or any HB3162 Enrolled -2- LRB9010776RCks 1 substantially similar statute of another state, tribe or 2 United States territory, or otherwise has acquired actual 3 knowledge of the contents of the order. 4 An order of protection issued by a state, tribal or 5 territorial court related to domestic or family violence 6 shall be deemed valid if the issuing court had jurisdiction 7 over the parties and matter under the law of the state, tribe 8 or territory. There shall be a presumption of validity where 9 an order is certified and appears authentic on its face. 10 (a-5) Failure to provide reasonable notice and 11 opportunity to be heard shall be an affirmative defense to 12 any charge or process filed seeking enforcement of a foreign 13 order of protection. 14 (b) For purposes of this Section, an "order of 15 protection" may have been issued by any circuit or associate16 judge in the State of Illinoisin a criminal or civil 17 proceeding. 18 (c) Nothing in this Section shall be construed to 19 diminish the inherent authority of the courts to enforce 20 their lawful orders through civil or criminal contempt 21 proceedings. 22 (d) Violation of an order of protection under subsection 23 (a) of this Section is a Class A misdemeanor. A second or 24 subsequent offense is a Class 4 felony. The court shall 25 impose a minimum penalty of 24 hours imprisonment for 26 defendant's second or subsequent violation of any order of 27 protection; unless the court explicitly finds that an 28 increased penalty or such period of imprisonment would be 29 manifestly unjust. In addition to any other penalties, the 30 court may order the defendant to pay a fine as authorized 31 under Section 5-9-1 of the Unified Code of Corrections or to 32 make restitution to the victim under Section 5-5-6 of the 33 Unified Code of Corrections. In addition to any other 34 penalties, including those imposed by Section 5-9-1.5 of the HB3162 Enrolled -3- LRB9010776RCks 1 Unified Code of Corrections, the court shall impose an 2 additional fine of $20 as authorized by Section 5-9-1.11 of 3 the Unified Code of Corrections upon any person convicted of 4 or placed on supervision for a violation of this Section. 5 The additional fine shall be imposed for each violation of 6 this Section. 7 (e) The limitations placed on law enforcement liability 8 by Section 305 of the Illinois Domestic Violence Act of 1986 9 apply to actions taken under this Section. 10 (Source: P.A. 90-241, eff. 1-1-98.) 11 Section 10. The Code of Criminal Procedure of 1963 is 12 amended by changing Section 112A-23 as follows: 13 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) 14 Sec. 112A-23. Enforcement of orders of protection. 15 (a) When violation is crime. A violation of any order of 16 protection, whether issued in a civil, quasi-criminal 17 proceeding, may be enforced by a criminal court when: 18 (1) The respondent commits the crime of violation 19 of an order of protection pursuant to Section 12-30 of 20 the Criminal Code of 1961, by having knowingly violated: 21 (i) remedies described in paragraphs (1), (2), 22 (3), or(14), or (14.5) of subsection (b) of Section 23 112A-14, 24 (ii) a remedy, which is substantially similar 25 to the remedies authorized under paragraphs (1), 26 (2), (3), (14) or (14.5) of subsection (b) of 27 Section 214 of the Illinois Domestic Violence Act of 28 1986, in a valid order of protection, which is 29 authorized under the laws of another state, tribe or 30 United States territory, 31 (iii) or any other remedy when the act 32 constitutes a crime against the protected parties as HB3162 Enrolled -4- LRB9010776RCks 1 defined by the Criminal Code of 1961. 2 Prosecution for a violation of an order of protection 3 shall not bar concurrent prosecution for any other crime, 4 including any crime that may have been committed at the time 5 of the violation of the order of protection; or 6 (2) The respondent commits the crime of child 7 abduction pursuant to Section 10-5 of the Criminal Code 8 of 1961, by having knowingly violated: 9 (i) remedies described in paragraphs (5), (6) 10 or (8) of subsection (b) of Section 112A-14, or 11 (ii) a remedy, which is substantially similar 12 to the remedies authorized under paragraphs (1), 13 (5), (6), or (8) of subsection (b) of Section 214 of 14 the Illinois Domestic Violence Act of 1986, in a 15 valid order of protection, which is authorized under 16 the laws of another state, tribe or United States 17 territory. 18 (b) When violation is contempt of court. A violation of 19 any valid Illinoisorder of protection, whether issued in a 20 civil or criminal proceeding, may be enforced through civil 21 or criminal contempt procedures, as appropriate, by any court 22 with jurisdiction, regardless where the act or acts which 23 violated the order of protection were committed, to the 24 extent consistent with the venue provisions of this Article. 25 Nothing in this Article shall preclude any Illinois court 26 from enforcing any valid order of protection issued in 27 another state. Illinois courts may enforce orders of 28 protection through both criminal prosecution and contempt 29 proceedings, unless the action which is second in time is 30 barred by collateral estoppel or the constitutional 31 prohibition against double jeopardy. 32 (1) In a contempt proceeding where the petition for 33 a rule to show cause sets forth facts evidencing an 34 immediate danger that the respondent will flee the HB3162 Enrolled -5- LRB9010776RCks 1 jurisdiction, conceal a child, or inflict physical abuse 2 on the petitioner or minor children or on dependent 3 adults in petitioner's care, the court may order the 4 attachment of the respondent without prior service of the 5 rule to show cause or the petition for a rule to show 6 cause. Bond shall be set unless specifically denied in 7 writing. 8 (2) A petition for a rule to show cause for 9 violation of an order of protection shall be treated as 10 an expedited proceeding. 11 (c) Violation of custody or support orders. A violation 12 of remedies described in paragraphs (5), (6), (8), or (9) of 13 subsection (b) of Section 112A-14 may be enforced by any 14 remedy provided by Section 611 of the Illinois Marriage and 15 Dissolution of Marriage Act. The court may enforce any order 16 for support issued under paragraph (12) of subsection (b) of 17 Section 112A-14 in the manner provided for under Articles V 18 and VII of the Illinois Marriage and Dissolution of Marriage 19 Act. 20 (d) Actual knowledge. An order of protection may be 21 enforced pursuant to this Section if the respondent violates 22 the order after respondent has actual knowledge of its 23 contents as shown through one of the following means: 24 (1) By service, delivery, or notice under Section 25 112A-10. 26 (2) By notice under Section 112A-11. 27 (3) By service of an order of protection under 28 Section 112A-22. 29 (4) By other means demonstrating actual knowledge 30 of the contents of the order. 31 (e) The enforcement of an order of protection in civil 32 or criminal court shall not be affected by either of the 33 following: 34 (1) The existence of a separate, correlative order HB3162 Enrolled -6- LRB9010776RCks 1 entered under Section 112A-15. 2 (2) Any finding or order entered in a conjoined 3 criminal proceeding. 4 (f) Circumstances. The court, when determining whether 5 or not a violation of an order of protection has occurred, 6 shall not require physical manifestations of abuse on the 7 person of the victim. 8 (g) Penalties. 9 (1) Except as provided in paragraph (3) of this 10 subsection, where the court finds the commission of a 11 crime or contempt of court under subsections (a) or (b) 12 of this Section, the penalty shall be the penalty that 13 generally applies in such criminal or contempt 14 proceedings, and may include one or more of the 15 following: incarceration, payment of restitution, a fine, 16 payment of attorneys' fees and costs, or community 17 service. 18 (2) The court shall hear and take into account 19 evidence of any factors in aggravation or mitigation 20 before deciding an appropriate penalty under paragraph 21 (1) of this subsection. 22 (3) To the extent permitted by law, the court is 23 encouraged to: 24 (i) increase the penalty for the knowing 25 violation of any order of protection over any 26 penalty previously imposed by any court for 27 respondent's violation of any order of protection or 28 penal statute involving petitioner as victim and 29 respondent as defendant; 30 (ii) impose a minimum penalty of 24 hours 31 imprisonment for respondent's first violation of any 32 order of protection; and 33 (iii) impose a minimum penalty of 48 hours 34 imprisonment for respondent's second or subsequent HB3162 Enrolled -7- LRB9010776RCks 1 violation of an order of protection 2 unless the court explicitly finds that an increased 3 penalty or that period of imprisonment would be 4 manifestly unjust. 5 (4) In addition to any other penalties imposed for 6 a violation of an order of protection, a criminal court 7 may consider evidence of any violations of an order of 8 protection: 9 (i) to increase, revoke or modify the bail 10 bond on an underlying criminal charge pursuant to 11 Section 110-6; 12 (ii) to revoke or modify an order of 13 probation, conditional discharge or supervision, 14 pursuant to Section 5-6-4 of the Unified Code of 15 Corrections; 16 (iii) to revoke or modify a sentence of 17 periodic imprisonment, pursuant to Section 5-7-2 of 18 the Unified Code of Corrections. 19 (Source: P.A. 86-1300; 87-743; 87-1186.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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