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90_HB3162ham001
LRB9010776MWpcam
1 AMENDMENT TO HOUSE BILL 3162
2 AMENDMENT NO. . Amend House Bill 3162 by replacing
3 the title with the following:
4 "AN ACT in relation to orders of protection."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Criminal Code of 1961 is amended by
8 changing Section 12-30 as follows:
9 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
10 Sec. 12-30. Violation of an order of protection.
11 (a) A person commits violation of an order of protection
12 if he or she:
13 (1) He or she commits an act which was prohibited
14 by a court or fails to commit an act which was ordered by
15 a court in violation of:
16 (i) a remedy in a valid order of protection
17 authorized under paragraphs (1), (2), (3), or (14),
18 or (14.5) of subsection (b) of Section 214 of the
19 Illinois Domestic Violence Act of 1986,
20 (ii) a remedy, which is substantially similar
21 to the remedies authorized under paragraphs (1),
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1 (2), (3), (14) or (14.5) of subsection (b) of
2 Section 214 of the Illinois Domestic Violence Act of
3 1986, in a valid order of protection, which is
4 authorized under the laws of another state, tribe or
5 United States territory and is registered under
6 Section 228 of the Illinois Domestic Violence Act of
7 1986,
8 (iii) any other remedy when the act
9 constitutes a crime against the protected parties as
10 the term protected parties is defined in Section
11 112A-4 of the Code of Criminal Procedure of 1963;
12 and .
13 (2) Such violation occurs after the offender has
14 been served notice of the contents of the order, pursuant
15 to the Illinois Domestic Violence Act of 1986 or any
16 substantially similar statute of another state, tribe or
17 United States territory, or otherwise has acquired actual
18 knowledge of the contents of the order.
19 An order of protection issued by a state, tribal or
20 territorial court related to domestic or family violence
21 shall be deemed valid if the issuing court had jurisdiction
22 over the parties and matter under the law of the state, tribe
23 or territory. There shall be a presumption of validity where
24 an order is certified and appears authentic on its face.
25 (a-5) Failure to provide reasonable notice and
26 opportunity to be heard shall be an affirmative defense to
27 any charge or process filed seeking enforcement of a foreign
28 order of protection.
29 (b) For purposes of this Section, an "order of
30 protection" may have been issued by any circuit or associate
31 judge in the State of Illinois in a criminal or civil
32 proceeding.
33 (c) Nothing in this Section shall be construed to
34 diminish the inherent authority of the courts to enforce
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1 their lawful orders through civil or criminal contempt
2 proceedings.
3 (d) Violation of an order of protection under subsection
4 (a) of this Section is a Class A misdemeanor. A second or
5 subsequent offense is a Class 4 felony. The court shall
6 impose a minimum penalty of 24 hours imprisonment for
7 defendant's second or subsequent violation of any order of
8 protection; unless the court explicitly finds that an
9 increased penalty or such period of imprisonment would be
10 manifestly unjust. In addition to any other penalties, the
11 court may order the defendant to pay a fine as authorized
12 under Section 5-9-1 of the Unified Code of Corrections or to
13 make restitution to the victim under Section 5-5-6 of the
14 Unified Code of Corrections. In addition to any other
15 penalties, including those imposed by Section 5-9-1.5 of the
16 Unified Code of Corrections, the court shall impose an
17 additional fine of $20 as authorized by Section 5-9-1.11 of
18 the Unified Code of Corrections upon any person convicted of
19 or placed on supervision for a violation of this Section.
20 The additional fine shall be imposed for each violation of
21 this Section.
22 (e) The limitations placed on law enforcement liability
23 by Section 305 of the Illinois Domestic Violence Act of 1986
24 apply to actions taken under this Section.
25 (Source: P.A. 90-241, eff. 1-1-98.)
26 Section 10. The Code of Criminal Procedure of 1963 is
27 amended by changing Section 112A-23 as follows:
28 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
29 Sec. 112A-23. Enforcement of orders of protection.
30 (a) When violation is crime. A violation of any order of
31 protection, whether issued in a civil, quasi-criminal
32 proceeding, may be enforced by a criminal court when:
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1 (1) The respondent commits the crime of violation
2 of an order of protection pursuant to Section 12-30 of
3 the Criminal Code of 1961, by having knowingly violated:
4 (i) remedies described in paragraphs (1), (2),
5 (3), or (14), or (14.5) of subsection (b) of Section
6 112A-14,
7 (ii) a remedy, which is substantially similar
8 to the remedies authorized under paragraphs (1),
9 (2), (3), (14) or (14.5) of subsection (b) of
10 Section 214 of the Illinois Domestic Violence Act of
11 1986, in a valid order of protection, which is
12 authorized under the laws of another state, tribe or
13 United States territory and is registered under
14 Section 228 of the Illinois Domestic Violence Act of
15 1986,
16 (iii) or any other remedy when the act
17 constitutes a crime against the protected parties as
18 defined by the Criminal Code of 1961.
19 Prosecution for a violation of an order of protection
20 shall not bar concurrent prosecution for any other crime,
21 including any crime that may have been committed at the time
22 of the violation of the order of protection; or
23 (2) The respondent commits the crime of child
24 abduction pursuant to Section 10-5 of the Criminal Code
25 of 1961, by having knowingly violated:
26 (i) remedies described in paragraphs (5), (6)
27 or (8) of subsection (b) of Section 112A-14, or
28 (ii) a remedy, which is substantially similar
29 to the remedies authorized under paragraphs (1),
30 (2), (3), (14) or (14.5) of subsection (b) of
31 Section 214 of the Illinois Domestic Violence Act of
32 1986, in a valid order of protection, which is
33 authorized under the laws of another state, tribe or
34 United States territory and is registered under
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1 Section 228 of the Illinois Domestic Violence Act of
2 1986.
3 (b) When violation is contempt of court. A violation of
4 any valid Illinois order of protection, whether issued in a
5 civil or criminal proceeding, may be enforced through civil
6 or criminal contempt procedures, as appropriate, by any court
7 with jurisdiction, regardless where the act or acts which
8 violated the order of protection were committed, to the
9 extent consistent with the venue provisions of this Article.
10 Nothing in this Article shall preclude any Illinois court
11 from enforcing any valid order of protection issued in
12 another state. Illinois courts may enforce orders of
13 protection through both criminal prosecution and contempt
14 proceedings, unless the action which is second in time is
15 barred by collateral estoppel or the constitutional
16 prohibition against double jeopardy.
17 (1) In a contempt proceeding where the petition for
18 a rule to show cause sets forth facts evidencing an
19 immediate danger that the respondent will flee the
20 jurisdiction, conceal a child, or inflict physical abuse
21 on the petitioner or minor children or on dependent
22 adults in petitioner's care, the court may order the
23 attachment of the respondent without prior service of the
24 rule to show cause or the petition for a rule to show
25 cause. Bond shall be set unless specifically denied in
26 writing.
27 (2) A petition for a rule to show cause for
28 violation of an order of protection shall be treated as
29 an expedited proceeding.
30 (c) Violation of custody or support orders. A violation
31 of remedies described in paragraphs (5), (6), (8), or (9) of
32 subsection (b) of Section 112A-14 may be enforced by any
33 remedy provided by Section 611 of the Illinois Marriage and
34 Dissolution of Marriage Act. The court may enforce any order
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1 for support issued under paragraph (12) of subsection (b) of
2 Section 112A-14 in the manner provided for under Articles V
3 and VII of the Illinois Marriage and Dissolution of Marriage
4 Act.
5 (d) Actual knowledge. An order of protection may be
6 enforced pursuant to this Section if the respondent violates
7 the order after respondent has actual knowledge of its
8 contents as shown through one of the following means:
9 (1) By service, delivery, or notice under Section
10 112A-10.
11 (2) By notice under Section 112A-11.
12 (3) By service of an order of protection under
13 Section 112A-22.
14 (4) By other means demonstrating actual knowledge
15 of the contents of the order.
16 (e) The enforcement of an order of protection in civil
17 or criminal court shall not be affected by either of the
18 following:
19 (1) The existence of a separate, correlative order
20 entered under Section 112A-15.
21 (2) Any finding or order entered in a conjoined
22 criminal proceeding.
23 (f) Circumstances. The court, when determining whether
24 or not a violation of an order of protection has occurred,
25 shall not require physical manifestations of abuse on the
26 person of the victim.
27 (g) Penalties.
28 (1) Except as provided in paragraph (3) of this
29 subsection, where the court finds the commission of a
30 crime or contempt of court under subsections (a) or (b)
31 of this Section, the penalty shall be the penalty that
32 generally applies in such criminal or contempt
33 proceedings, and may include one or more of the
34 following: incarceration, payment of restitution, a fine,
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1 payment of attorneys' fees and costs, or community
2 service.
3 (2) The court shall hear and take into account
4 evidence of any factors in aggravation or mitigation
5 before deciding an appropriate penalty under paragraph
6 (1) of this subsection.
7 (3) To the extent permitted by law, the court is
8 encouraged to:
9 (i) increase the penalty for the knowing
10 violation of any order of protection over any
11 penalty previously imposed by any court for
12 respondent's violation of any order of protection or
13 penal statute involving petitioner as victim and
14 respondent as defendant;
15 (ii) impose a minimum penalty of 24 hours
16 imprisonment for respondent's first violation of any
17 order of protection; and
18 (iii) impose a minimum penalty of 48 hours
19 imprisonment for respondent's second or subsequent
20 violation of an order of protection
21 unless the court explicitly finds that an increased
22 penalty or that period of imprisonment would be
23 manifestly unjust.
24 (4) In addition to any other penalties imposed for
25 a violation of an order of protection, a criminal court
26 may consider evidence of any violations of an order of
27 protection:
28 (i) to increase, revoke or modify the bail
29 bond on an underlying criminal charge pursuant to
30 Section 110-6;
31 (ii) to revoke or modify an order of
32 probation, conditional discharge or supervision,
33 pursuant to Section 5-6-4 of the Unified Code of
34 Corrections;
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1 (iii) to revoke or modify a sentence of
2 periodic imprisonment, pursuant to Section 5-7-2 of
3 the Unified Code of Corrections.
4 (Source: P.A. 86-1300; 87-743; 87-1186.)
5 Section 15. The Illinois Domestic Violence Act of 1986
6 is amended by adding Section 228 as follows:
7 (750 ILCS 60/228 new)
8 Sec. 228. Registration of an order of protection issued
9 in another state; exceptions; presumptions; immunity.
10 (a) A person may apply to a court of this State to
11 register an order of protection against domestic violence
12 issued by the court of another state, territory, or Indian
13 tribe within the United States by presenting a certified copy
14 of the order to the clerk of the court in a judicial circuit
15 in which the person believes that enforcement may be
16 necessary.
17 (b) The clerk shall:
18 (1) treat the foreign order of protection in the
19 same manner as a judgment of the circuit court for any
20 county of this State in accordance with the provisions of
21 the Uniform Enforcement of Foreign Judgments Act, the
22 court shall sent notice unless good cause is shown that
23 notice should not be sent; and
24 (2) on the same day that the foreign order of
25 protection is registered, file a certified copy of that
26 order with the sheriff or other law enforcement officials
27 charged with maintaining Department of State Police
28 records as set forth in Section 222 of this Act.
29 (c) An order that is registered has the same effect and
30 shall be enforced in like manner as an order of protection
31 issued by a court of this State and shall be treated in all
32 respects as Illinois orders of protection.
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1 (d) The clerk shall not charge a fee for an application
2 to register an order or for registering an order under this
3 Section.
4 (e) The sheriff shall inform the Department of State
5 Police as set forth in Section 302 of this Act and advise the
6 protected party upon the successful transmission of such
7 information.
8 (f) A court, law enforcement officer, or any other
9 person who enforces an order of protection against domestic
10 violence based upon a reasonable belief that the order is
11 valid is immune from civil liability for any action taken
12 based on that belief
13 (g) The clerk of the court shall maintain a record of
14 each order registered under this Section.
15 (h) Orders of protection that have been registered under
16 this Section shall be treated in all respects as Illinois
17 orders of protection.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".