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92_HB3155 LRB9200642WHcs 1 AN ACT concerning domestic violence. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short Title. This Act may be cited as the 5 Uniform Interstate Enforcement of Domestic-Violence 6 Protection Orders Act. 7 Section 2. Definitions. In this Act: 8 (1) "Foreign protection order" means a protection 9 order issued by a tribunal of another state. 10 (2) "Issuing state" means the state whose tribunal 11 issues a protection order. 12 (3) "Mutual foreign protection order" means a 13 foreign protection order that includes provisions in 14 favor of both the protected individual seeking 15 enforcement of the order and the respondent. 16 (4) "Protected individual" means an individual 17 protected by a protection order. 18 (5) "Protection order" means an injunction or other 19 order, issued by a tribunal under the domestic-violence 20 or family-violence laws of the issuing state, to prevent 21 an individual from engaging in violent or threatening 22 acts against, harassment of, contact or communication 23 with, or physical proximity to, another individual. 24 (6) "Respondent" means the individual against whom 25 enforcement of a protection order is sought. 26 (7) "State" means a state of the United States, the 27 District of Columbia, Puerto Rico, the United States 28 Virgin Islands, or any territory or insular possession 29 subject to the jurisdiction of the United States. The 30 term includes an Indian tribe or band that has 31 jurisdiction to issue protection orders. -2- LRB9200642WHcs 1 (8) "Tribunal" means a court, agency, or other 2 entity authorized by law to issue or modify a protection 3 order. 4 Section 3. Judicial Enforcement of Order. 5 (a) A person authorized by the law of this State to seek 6 enforcement of a protection order may seek enforcement of a 7 valid foreign protection order in a tribunal of this State. 8 The tribunal shall enforce the terms of the order, including 9 terms that provide relief that a tribunal of this State would 10 lack power to provide but for this Section. The tribunal 11 shall enforce the order, whether the order was obtained by 12 independent action or in another proceeding, if it is an 13 order issued in response to a complaint, petition, or motion 14 filed by or on behalf of an individual seeking protection. In 15 a proceeding to enforce a foreign protection order, the 16 tribunal shall follow the procedures of this State for the 17 enforcement of protection orders. 18 (b) A tribunal of this State may not a enforce a foreign 19 protection order issued by a tribunal of a state that does 20 not recognize the standing of a protected individual to seek 21 enforcement of the order. 22 (c) A tribunal of this State shall enforce the 23 provisions of a valid foreign protection order which govern 24 custody and visitation, if the order was issued in accordance 25 with the jurisdictional requirements governing the issuance 26 of custody and visitation orders in the issuing state. 27 (d) A tribunal of this State may not enforce under this 28 Act a provision of a foreign protection order with respect to 29 support. 30 (e) A foreign protection order is valid if it: 31 (1) identifies the protected individual and the 32 respondent; 33 (2) is currently in effect; -3- LRB9200642WHcs 1 (3) was issued by a tribunal that had jurisdiction 2 over the parties and subject matter under the law of the 3 issuing state; and 4 (4) was issued after the respondent was given 5 reasonable notice and had an opportunity to be heard 6 before the tribunal issued the order or, in the case of 7 an order ex parte, the respondent was given notice and 8 had an opportunity to be heard within a reasonable time 9 after the order was issued, consistent with the rights of 10 the respondent to due process. 11 (e) A foreign protection order valid on its face is 12 prima facie evidence of its validity. 13 (f) Absence of any of the criteria for validity of a 14 foreign protection order is an affirmative defense in an 15 action seeking enforcement of the order. 16 (g) A tribunal of this State may enforce provisions of a 17 mutual foreign protection order which favor a respondent only 18 if: 19 (1) the respondent filed a written pleading seeking 20 a protection order from the tribunal of the issuing 21 state; and 22 (2) the tribunal of the issuing state made specific 23 findings in favor of the respondent. 24 Section 4. Nonjudicial Enforcement of Order. 25 (a) A law enforcement officer of this State, upon 26 determining that there is probable cause to believe that a 27 valid foreign protection order exists and that the order has 28 been violated, shall enforce the order as if it were the 29 order of a tribunal of this State. Presentation of a 30 protection order that identifies both the protected 31 individual and the respondent and, on its face, is currently 32 in effect constitutes probable cause to believe that a valid 33 foreign protection order exists. For the purposes of this -4- LRB9200642WHcs 1 Section, the protection order may be inscribed on a tangible 2 medium or may have been stored in an electronic or other 3 medium if it is retrievable in perceivable form. Presentation 4 of a certified copy of a protection order is not required for 5 enforcement. 6 (b) If a foreign protection order is not presented, a 7 law enforcement officer of this State may consider other 8 information in determining whether there is probable cause to 9 believe that a valid foreign protection order exists. 10 (c) If a law enforcement officer of this State 11 determines that an otherwise valid foreign protection order 12 cannot be enforced because the respondent has not been 13 notified or served with the order, the officer shall inform 14 the respondent of the order, make a reasonable effort to 15 serve the order upon the respondent, and allow the respondent 16 a reasonable opportunity to comply with the order before 17 enforcing the order. 18 (d) Registration or filing of an order in this State is 19 not required for the enforcement of a valid foreign 20 protection order pursuant to this Act. 21 Section 5. (Blank.) 22 Section 6. Immunity. This State or a local governmental 23 agency, or a law enforcement officer, prosecuting attorney, 24 clerk of court, or any state or local governmental official 25 acting in an official capacity, is immune from civil and 26 criminal liability for an act or omission arising out of the 27 registration or enforcement of a foreign protection order or 28 the detention or arrest of an alleged violator of a foreign 29 protection order if the act or omission was done in good 30 faith in an effort to comply with this Act. 31 Section 7. Other Remedies. A protected individual who -5- LRB9200642WHcs 1 pursues remedies under this Act is not precluded from 2 pursuing other legal or equitable remedies against the 3 respondent. 4 Section 8. Uniformity of Application and Construction. 5 In applying and construing this Uniform Act, consideration 6 must be given to the need to promote uniformity of the law 7 with respect to its subject matter among states that enact 8 it. 9 Section 9. Severability Clause. If any provision of this 10 Act or its application to any person or circumstance is held 11 invalid, the invalidity does not affect other provisions or 12 applications of this Act which can be given effect without 13 the invalid provision or application, and to this end the 14 provisions of this Act are severable. 15 Section 10. (Blank). 16 Section 11. Transitional Provision. This Act applies to 17 protection orders issued before the effective date of this 18 Act and to continuing actions for enforcement of foreign 19 protection orders commenced before the effective date of this 20 Act. A request for enforcement of a foreign protection order 21 made on or after the effective date of this Act for 22 violations of a foreign protection order occurring before the 23 effective date of this Act is governed by this Act. 24 Section 11.1. The Code of Criminal Procedure of 1963 is 25 amended by changing Sections 110-10, 112A-22.5, and 112A-28 26 as follows: 27 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 28 Sec. 110-10. Conditions of bail bond. -6- LRB9200642WHcs 1 (a) If a person is released prior to conviction, either 2 upon payment of bail security or on his or her own 3 recognizance, the conditions of the bail bond shall be that 4 he or she will: 5 (1) Appear to answer the charge in the court having 6 jurisdiction on a day certain and thereafter as ordered 7 by the court until discharged or final order of the 8 court; 9 (2) Submit himself or herself to the orders and 10 process of the court; 11 (3) Not depart this State without leave of the 12 court; 13 (4) Not violate any criminal statute of any 14 jurisdiction; 15 (5) At a time and place designated by the court, 16 surrender all firearms in his or her possession to a law 17 enforcement officer designated by the court to take 18 custody of and impound the firearms when the offense the 19 person has been charged with is a forcible felony, 20 stalking, aggravated stalking, domestic battery, any 21 violation of either the Illinois Controlled Substances 22 Act or the Cannabis Control Act that is classified as a 23 Class 2 or greater felony, or any felony violation of 24 Article 24 of the Criminal Code of 1961; the court may, 25 however, forgo the imposition of this condition when the 26 circumstances of the case clearly do not warrant it or 27 when its imposition would be impractical; all legally 28 possessed firearms shall be returned to the person upon 29 that person completing a sentence for a conviction on a 30 misdemeanor domestic battery, upon the charges being 31 dismissed, or if the person is found not guilty, unless 32 the finding of not guilty is by reason of insanity; and 33 (6) At a time and place designated by the court, 34 submit to a psychological evaluation when the person has -7- LRB9200642WHcs 1 been charged with a violation of item (4) of subsection 2 (a) of Section 24-1 of the Criminal Code of 1961 and that 3 violation occurred in a school or in any conveyance 4 owned, leased, or contracted by a school to transport 5 students to or from school or a school-related activity, 6 or on any public way within 1,000 feet of real property 7 comprising any school. 8 Psychological evaluations ordered pursuant to this 9 Section shall be completed promptly and made available to the 10 State, the defendant, and the court. As a further condition 11 of bail under these circumstances, the court shall order the 12 defendant to refrain from entering upon the property of the 13 school, including any conveyance owned, leased, or contracted 14 by a school to transport students to or from school or a 15 school-related activity, or on any public way within 1,000 16 feet of real property comprising any school. Upon receipt of 17 the psychological evaluation, either the State or the 18 defendant may request a change in the conditions of bail, 19 pursuant to Section 110-6 of this Code. The court may change 20 the conditions of bail to include a requirement that the 21 defendant follow the recommendations of the psychological 22 evaluation, including undergoing psychiatric treatment. The 23 conclusions of the psychological evaluation and any 24 statements elicited from the defendant during its 25 administration are not admissible as evidence of guilt during 26 the course of any trial on the charged offense, unless the 27 defendant places his or her mental competency in issue. 28 (b) The court may impose other conditions, such as the 29 following, if the court finds that such conditions are 30 reasonably necessary to assure the defendant's appearance in 31 court, protect the public from the defendant, or prevent the 32 defendant's unlawful interference with the orderly 33 administration of justice: 34 (1) Report to or appear in person before such -8- LRB9200642WHcs 1 person or agency as the court may direct; 2 (2) Refrain from possessing a firearm or other 3 dangerous weapon; 4 (3) Refrain from approaching or communicating with 5 particular persons or classes of persons; 6 (4) Refrain from going to certain described 7 geographical areas or premises; 8 (5) Refrain from engaging in certain activities or 9 indulging in intoxicating liquors or in certain drugs; 10 (6) Undergo treatment for drug addiction or 11 alcoholism; 12 (7) Undergo medical or psychiatric treatment; 13 (8) Work or pursue a course of study or vocational 14 training; 15 (9) Attend or reside in a facility designated by 16 the court; 17 (10) Support his or her dependents; 18 (11) If a minor resides with his or her parents or 19 in a foster home, attend school, attend a non-residential 20 program for youths, and contribute to his or her own 21 support at home or in a foster home; 22 (12) Observe any curfew ordered by the court; 23 (13) Remain in the custody of such designated 24 person or organization agreeing to supervise his release. 25 Such third party custodian shall be responsible for 26 notifying the court if the defendant fails to observe the 27 conditions of release which the custodian has agreed to 28 monitor, and shall be subject to contempt of court for 29 failure so to notify the court; 30 (14) Be placed under direct supervision of the 31 Pretrial Services Agency, Probation Department or Court 32 Services Department in a pretrial bond home supervision 33 capacity with or without the use of an approved 34 electronic monitoring device subject to Article 8A of -9- LRB9200642WHcs 1 Chapter V of the Unified Code of Corrections; 2 (14.1) The court shall impose upon a defendant who 3 is charged with any alcohol, cannabis or controlled 4 substance violation and is placed under direct 5 supervision of the Pretrial Services Agency, Probation 6 Department or Court Services Department in a pretrial 7 bond home supervision capacity with the use of an 8 approved monitoring device, as a condition of such bail 9 bond, a fee that represents costs incidental to the 10 electronic monitoring for each day of such bail 11 supervision ordered by the court, unless after 12 determining the inability of the defendant to pay the 13 fee, the court assesses a lesser fee or no fee as the 14 case may be. The fee shall be collected by the clerk of 15 the circuit court. The clerk of the circuit court shall 16 pay all monies collected from this fee to the county 17 treasurer for deposit in the substance abuse services 18 fund under Section 5-1086.1 of the Counties Code; 19 (14.2) The court shall impose upon all defendants, 20 including those defendants subject to paragraph (14.1) 21 above, placed under direct supervision of the Pretrial 22 Services Agency, Probation Department or Court Services 23 Department in a pretrial bond home supervision capacity 24 with the use of an approved monitoring device, as a 25 condition of such bail bond, a fee which shall represent 26 costs incidental to such electronic monitoring for each 27 day of such bail supervision ordered by the court, unless 28 after determining the inability of the defendant to pay 29 the fee, the court assesses a lesser fee or no fee as the 30 case may be. The fee shall be collected by the clerk of 31 the circuit court. The clerk of the circuit court shall 32 pay all monies collected from this fee to the county 33 treasurer who shall use the monies collected to defray 34 the costs of corrections. The county treasurer shall -10- LRB9200642WHcs 1 deposit the fee collected in the county working cash fund 2 under Section 6-27001 or Section 6-29002 of the Counties 3 Code, as the case may be; 4 (15) Comply with the terms and conditions of an 5 order of protection issued by the court under the 6 Illinois Domestic Violence Act of 1986 or a foreign 7 protection order (as defined in the Uniform Interstate 8 Enforcement of Domestic-Violence Protection Orders Act) 9an order of protection issued by the court of another10state, tribe, or United States territory; 11 (16) Under Section 110-6.5 comply with the 12 conditions of the drug testing program; and 13 (17) Such other reasonable conditions as the court 14 may impose. 15 (c) When a person is charged with an offense under 16 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 17 "Criminal Code of 1961", involving a victim who is a minor 18 under 18 years of age living in the same household with the 19 defendant at the time of the offense, in granting bail or 20 releasing the defendant on his own recognizance, the judge 21 shall impose conditions to restrict the defendant's access to 22 the victim which may include, but are not limited to 23 conditions that he will: 24 1. Vacate the Household. 25 2. Make payment of temporary support to his 26 dependents. 27 3. Refrain from contact or communication with the 28 child victim, except as ordered by the court. 29 (d) When a person is charged with a criminal offense and 30 the victim is a family or household member as defined in 31 Article 112A, conditions shall be imposed at the time of the 32 defendant's release on bond that restrict the defendant's 33 access to the victim. Unless provided otherwise by the court, 34 the restrictions shall include requirements that the -11- LRB9200642WHcs 1 defendant do the following: 2 (1) refrain from contact or communication with the 3 victim for a minimum period of 72 hours following the 4 defendant's release; and 5 (2) refrain from entering or remaining at the 6 victim's residence for a minimum period of 72 hours 7 following the defendant's release. 8 (e) Local law enforcement agencies shall develop 9 standardized bond forms for use in cases involving family or 10 household members as defined in Article 112A, including 11 specific conditions of bond as provided in subsection (d). 12 Failure of any law enforcement department to develop or use 13 those forms shall in no way limit the applicability and 14 enforcement of subsections (d) and (f). 15 (f) If the defendant is admitted to bail after 16 conviction the conditions of the bail bond shall be that he 17 will, in addition to the conditions set forth in subsections 18 (a) and (b) hereof: 19 (1) Duly prosecute his appeal; 20 (2) Appear at such time and place as the court may 21 direct; 22 (3) Not depart this State without leave of the 23 court; 24 (4) Comply with such other reasonable conditions as 25 the court may impose; and, 26 (5) If the judgment is affirmed or the cause 27 reversed and remanded for a new trial, forthwith 28 surrender to the officer from whose custody he was 29 bailed. 30 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 31 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff. 32 1-1-01.) 33 (725 ILCS 5/112A-22.5) -12- LRB9200642WHcs 1 Sec. 112A-22.5. Filing of a foreign protection orderan2order of protection issued in another state. 3 (a) A person entitled to protection under a foreign 4 protection order (as defined in the Uniform Interstate 5 Enforcement of Domestic-Violence Protection Orders Act)an6order of protection issued by the court of another state,7tribe, or United States territorymay file a certified copy 8 of the foreignorder ofprotection order with the clerk of 9 the court in a judicial circuit in which the person believes 10 that enforcement may be necessary. 11 (b) The clerk shall: 12 (1) treat the foreignorder ofprotection order in 13 the same manner as a judgment of the circuit court for 14 any county of this State in accordance with the 15 provisions of the Uniform Enforcement of Foreign 16 Judgments Act, except that the clerk shall not mail 17 notice of the filing of the foreign protection order to 18 the respondent named in the order; and 19 (2) on the same day that a foreignorder of20 protection order is filed, file a certified copy of that 21 order with the sheriff or other law enforcement officials 22 charged with maintaining Department of State Police 23 records as set forth in Section 112A-22 of this Act. 24 (c) Neither residence in this State nor filing of a 25 foreignorder ofprotection order shall be required for 26 enforcement of the order by this State. Failure to file the 27 foreign order shall not be an impediment to its treatment in 28 all respects as an Illinois order of protection nor its 29 enforcement under the Uniform Interstate Enforcement of 30 Domestic-Violence Protection Orders Act. 31 (d) The clerk shall not charge a fee to file a foreign 32order ofprotection order under this Section. 33 (e) The sheriff shall inform the Department of State 34 Police as set forth in Section 112A-28 of this Act. -13- LRB9200642WHcs 1 (Source: P.A. 91-903, eff. 1-1-01.) 2 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28) 3 Sec. 112A-28. Data maintenance by law enforcement 4 agencies. 5 (a) All sheriffs shall furnish to the Department of 6 State Police, daily, in the form and detail the Department 7 requires, copies of any recorded orders of protection issued 8 by the court, and any foreignorders ofprotection orders 9 filed withbythe clerk of the court, and transmitted to the 10 sheriff by the clerk of the court pursuant to subsection (b) 11 of Section 112A-22 of this Act. In this Section, "order of 12 protection" includes an order of protection issued in this 13 State and a foreign protection order filed with the clerk of 14 the court. Each order of protection shall be entered in the 15 Law Enforcement Automated Data System on the same day it is 16 issued by the court or filed with the clerk of the court. If 17 an emergency order of protection was issued in accordance 18 with subsection (c) of Section 112A-17, the order shall be 19 entered in the Law Enforcement Automated Data System as soon 20 as possible after receipt from the clerk. 21 (b) The Department of State Police shall maintain a 22 complete and systematic record and index of all valid and 23 recorded orders of protection issued or filed pursuant to 24 this Act. The data shall be used to inform all dispatchers 25 and law enforcement officers at the scene of an alleged 26 incident of abuse or violation of an order of protection of 27 any recorded prior incident of abuse involving the abused 28 party and the effective dates and terms of any recorded order 29 of protection. 30 (c) The data, records and transmittals required under 31 this Section shall pertain to any valid emergency, interim or 32 plenary order of protection, whether issued in a civil or 33 criminal proceeding or issued by a tribunal as defined in the -14- LRB9200642WHcs 1 Uniform Interstate Enforcement of Domestic-Violence 2 Protection Orders Actauthorized under the laws of another3state, tribe, or United States territory. 4 (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.) 5 Section 11.2. The Unified Code of Corrections is amended 6 by changing Sections 3-3-7 and 5-6-3 as follows: 7 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) 8 Sec. 3-3-7. Conditions of Parole or Mandatory Supervised 9 Release. 10 (a) The conditions of parole or mandatory supervised 11 release shall be such as the Prisoner Review Board deems 12 necessary to assist the subject in leading a law-abiding 13 life. The conditions of every parole and mandatory supervised 14 release are that the subject: 15 (1) not violate any criminal statute of any 16 jurisdiction during the parole or release term; and 17 (2) refrain from possessing a firearm or other 18 dangerous weapon. 19 (b) The Board may in addition to other conditions 20 require that the subject: 21 (1) work or pursue a course of study or vocational 22 training; 23 (2) undergo medical or psychiatric treatment, or 24 treatment for drug addiction or alcoholism; 25 (3) attend or reside in a facility established for 26 the instruction or residence of persons on probation or 27 parole; 28 (4) support his dependents; 29 (5) report to an agent of the Department of 30 Corrections; 31 (6) permit the agent to visit him at his home or 32 elsewhere to the extent necessary to discharge his -15- LRB9200642WHcs 1 duties; 2 (7) comply with the terms and conditions of an 3 order of protection issued pursuant to the Illinois 4 Domestic Violence Act of 1986, enacted by the 84th 5 General Assembly, or a foreign protection order (as 6 defined in the Uniform Interstate Enforcement of 7 Domestic-Violence Protection Orders Act)an order of8protection issued by the court of another state, tribe,9or United States territory. 10 (8) and, in addition, if a minor: 11 (i) reside with his parents or in a foster 12 home; 13 (ii) attend school; 14 (iii) attend a non-residential program for 15 youth; 16 (iv) contribute to his own support at home or 17 in a foster home. 18 (c) The conditions under which the parole or mandatory 19 supervised release is to be served shall be communicated to 20 the person in writing prior to his release, and he shall sign 21 the same before release. A signed copy of these conditions, 22 including a copy of an order of protection where one had been 23 issued by the criminal court, shall be retained by the person 24 and another copy forwarded to the officer in charge of his 25 supervision. 26 (d) After a hearing under Section 3-3-9, the Prisoner 27 Review Board may modify or enlarge the conditions of parole 28 or mandatory supervised release. 29 (e) The Department shall inform all offenders committed 30 to the Department of the optional services available to them 31 upon release and shall assist inmates in availing themselves 32 of such optional services upon their release on a voluntary 33 basis. 34 (Source: P.A. 91-903, eff. 1-1-01.) -16- LRB9200642WHcs 1 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 2 Sec. 5-6-3. Conditions of Probation and of Conditional 3 Discharge. 4 (a) The conditions of probation and of conditional 5 discharge shall be that the person: 6 (1) not violate any criminal statute of any 7 jurisdiction; 8 (2) report to or appear in person before such 9 person or agency as directed by the court; 10 (3) refrain from possessing a firearm or other 11 dangerous weapon; 12 (4) not leave the State without the consent of the 13 court or, in circumstances in which the reason for the 14 absence is of such an emergency nature that prior consent 15 by the court is not possible, without the prior 16 notification and approval of the person's probation 17 officer; 18 (5) permit the probation officer to visit him at 19 his home or elsewhere to the extent necessary to 20 discharge his duties; 21 (6) perform no less than 30 hours of community 22 service and not more than 120 hours of community service, 23 if community service is available in the jurisdiction and 24 is funded and approved by the county board where the 25 offense was committed, where the offense was related to 26 or in furtherance of the criminal activities of an 27 organized gang and was motivated by the offender's 28 membership in or allegiance to an organized gang. The 29 community service shall include, but not be limited to, 30 the cleanup and repair of any damage caused by a 31 violation of Section 21-1.3 of the Criminal Code of 1961 32 and similar damage to property located within the 33 municipality or county in which the violation occurred. 34 When possible and reasonable, the community service -17- LRB9200642WHcs 1 should be performed in the offender's neighborhood. For 2 purposes of this Section, "organized gang" has the 3 meaning ascribed to it in Section 10 of the Illinois 4 Streetgang Terrorism Omnibus Prevention Act; 5 (7) if he or she is at least 17 years of age and 6 has been sentenced to probation or conditional discharge 7 for a misdemeanor or felony in a county of 3,000,000 or 8 more inhabitants and has not been previously convicted of 9 a misdemeanor or felony, may be required by the 10 sentencing court to attend educational courses designed 11 to prepare the defendant for a high school diploma and to 12 work toward a high school diploma or to work toward 13 passing the high school level Test of General Educational 14 Development (GED) or to work toward completing a 15 vocational training program approved by the court. The 16 person on probation or conditional discharge must attend 17 a public institution of education to obtain the 18 educational or vocational training required by this 19 clause (7). The court shall revoke the probation or 20 conditional discharge of a person who wilfully fails to 21 comply with this clause (7). The person on probation or 22 conditional discharge shall be required to pay for the 23 cost of the educational courses or GED test, if a fee is 24 charged for those courses or test. The court shall 25 resentence the offender whose probation or conditional 26 discharge has been revoked as provided in Section 5-6-4. 27 This clause (7) does not apply to a person who has a high 28 school diploma or has successfully passed the GED test. 29 This clause (7) does not apply to a person who is 30 determined by the court to be developmentally disabled or 31 otherwise mentally incapable of completing the 32 educational or vocational program; and 33 (8) if convicted of possession of a substance 34 prohibited by the Cannabis Control Act or Illinois -18- LRB9200642WHcs 1 Controlled Substances Act after a previous conviction or 2 disposition of supervision for possession of a substance 3 prohibited by the Cannabis Control Act or Illinois 4 Controlled Substances Act or after a sentence of 5 probation under Section 10 of the Cannabis Control Act or 6 Section 410 of the Illinois Controlled Substances Act and 7 upon a finding by the court that the person is addicted, 8 undergo treatment at a substance abuse program approved 9 by the court. 10 (b) The Court may in addition to other reasonable 11 conditions relating to the nature of the offense or the 12 rehabilitation of the defendant as determined for each 13 defendant in the proper discretion of the Court require that 14 the person: 15 (1) serve a term of periodic imprisonment under 16 Article 7 for a period not to exceed that specified in 17 paragraph (d) of Section 5-7-1; 18 (2) pay a fine and costs; 19 (3) work or pursue a course of study or vocational 20 training; 21 (4) undergo medical, psychological or psychiatric 22 treatment; or treatment for drug addiction or alcoholism; 23 (5) attend or reside in a facility established for 24 the instruction or residence of defendants on probation; 25 (6) support his dependents; 26 (7) and in addition, if a minor: 27 (i) reside with his parents or in a foster 28 home; 29 (ii) attend school; 30 (iii) attend a non-residential program for 31 youth; 32 (iv) contribute to his own support at home or 33 in a foster home; 34 (8) make restitution as provided in Section 5-5-6 -19- LRB9200642WHcs 1 of this Code; 2 (9) perform some reasonable public or community 3 service; 4 (10) serve a term of home confinement. In addition 5 to any other applicable condition of probation or 6 conditional discharge, the conditions of home confinement 7 shall be that the offender: 8 (i) remain within the interior premises of the 9 place designated for his confinement during the 10 hours designated by the court; 11 (ii) admit any person or agent designated by 12 the court into the offender's place of confinement 13 at any time for purposes of verifying the offender's 14 compliance with the conditions of his confinement; 15 and 16 (iii) if further deemed necessary by the court 17 or the Probation or Court Services Department, be 18 placed on an approved electronic monitoring device, 19 subject to Article 8A of Chapter V; 20 (iv) for persons convicted of any alcohol, 21 cannabis or controlled substance violation who are 22 placed on an approved monitoring device as a 23 condition of probation or conditional discharge, the 24 court shall impose a reasonable fee for each day of 25 the use of the device, as established by the county 26 board in subsection (g) of this Section, unless 27 after determining the inability of the offender to 28 pay the fee, the court assesses a lesser fee or no 29 fee as the case may be. This fee shall be imposed in 30 addition to the fees imposed under subsections (g) 31 and (i) of this Section. The fee shall be collected 32 by the clerk of the circuit court. The clerk of the 33 circuit court shall pay all monies collected from 34 this fee to the county treasurer for deposit in the -20- LRB9200642WHcs 1 substance abuse services fund under Section 5-1086.1 2 of the Counties Code; and 3 (v) for persons convicted of offenses other 4 than those referenced in clause (iv) above and who 5 are placed on an approved monitoring device as a 6 condition of probation or conditional discharge, the 7 court shall impose a reasonable fee for each day of 8 the use of the device, as established by the county 9 board in subsection (g) of this Section, unless 10 after determining the inability of the defendant to 11 pay the fee, the court assesses a lesser fee or no 12 fee as the case may be. This fee shall be imposed 13 in addition to the fees imposed under subsections 14 (g) and (i) of this Section. The fee shall be 15 collected by the clerk of the circuit court. The 16 clerk of the circuit court shall pay all monies 17 collected from this fee to the county treasurer who 18 shall use the monies collected to defray the costs 19 of corrections. The county treasurer shall deposit 20 the fee collected in the county working cash fund 21 under Section 6-27001 or Section 6-29002 of the 22 Counties Code, as the case may be. 23 (11) comply with the terms and conditions of an 24 order of protection issued by the court pursuant to the 25 Illinois Domestic Violence Act of 1986, as now or 26 hereafter amended, or a foreign protection order (as 27 defined in the Uniform Interstate Enforcement of 28 Domestic-Violence Protection Orders Act)an order of29protection issued by the court of another state, tribe,30or United States territory. A copy of the order of 31 protection or foreign protection order shall be 32 transmitted to the probation officer or agency having 33 responsibility for the case; 34 (12) reimburse any "local anti-crime program" as -21- LRB9200642WHcs 1 defined in Section 7 of the Anti-Crime Advisory Council 2 Act for any reasonable expenses incurred by the program 3 on the offender's case, not to exceed the maximum amount 4 of the fine authorized for the offense for which the 5 defendant was sentenced; 6 (13) contribute a reasonable sum of money, not to 7 exceed the maximum amount of the fine authorized for the 8 offense for which the defendant was sentenced, to a 9 "local anti-crime program", as defined in Section 7 of 10 the Anti-Crime Advisory Council Act; 11 (14) refrain from entering into a designated 12 geographic area except upon such terms as the court finds 13 appropriate. Such terms may include consideration of the 14 purpose of the entry, the time of day, other persons 15 accompanying the defendant, and advance approval by a 16 probation officer, if the defendant has been placed on 17 probation or advance approval by the court, if the 18 defendant was placed on conditional discharge; 19 (15) refrain from having any contact, directly or 20 indirectly, with certain specified persons or particular 21 types of persons, including but not limited to members of 22 street gangs and drug users or dealers; 23 (16) refrain from having in his or her body the 24 presence of any illicit drug prohibited by the Cannabis 25 Control Act or the Illinois Controlled Substances Act, 26 unless prescribed by a physician, and submit samples of 27 his or her blood or urine or both for tests to determine 28 the presence of any illicit drug. 29 (c) The court may as a condition of probation or of 30 conditional discharge require that a person under 18 years of 31 age found guilty of any alcohol, cannabis or controlled 32 substance violation, refrain from acquiring a driver's 33 license during the period of probation or conditional 34 discharge. If such person is in possession of a permit or -22- LRB9200642WHcs 1 license, the court may require that the minor refrain from 2 driving or operating any motor vehicle during the period of 3 probation or conditional discharge, except as may be 4 necessary in the course of the minor's lawful employment. 5 (d) An offender sentenced to probation or to conditional 6 discharge shall be given a certificate setting forth the 7 conditions thereof. 8 (e) The court shall not require as a condition of the 9 sentence of probation or conditional discharge that the 10 offender be committed to a period of imprisonment in excess 11 of 6 months. This 6 month limit shall not include periods of 12 confinement given pursuant to a sentence of county impact 13 incarceration under Section 5-8-1.2. 14 Persons committed to imprisonment as a condition of 15 probation or conditional discharge shall not be committed to 16 the Department of Corrections. 17 (f) The court may combine a sentence of periodic 18 imprisonment under Article 7 or a sentence to a county impact 19 incarceration program under Article 8 with a sentence of 20 probation or conditional discharge. 21 (g) An offender sentenced to probation or to conditional 22 discharge and who during the term of either undergoes 23 mandatory drug or alcohol testing, or both, or is assigned to 24 be placed on an approved electronic monitoring device, shall 25 be ordered to pay all costs incidental to such mandatory drug 26 or alcohol testing, or both, and all costs incidental to such 27 approved electronic monitoring in accordance with the 28 defendant's ability to pay those costs. The county board 29 with the concurrence of the Chief Judge of the judicial 30 circuit in which the county is located shall establish 31 reasonable fees for the cost of maintenance, testing, and 32 incidental expenses related to the mandatory drug or alcohol 33 testing, or both, and all costs incidental to approved 34 electronic monitoring, involved in a successful probation -23- LRB9200642WHcs 1 program for the county. The concurrence of the Chief Judge 2 shall be in the form of an administrative order. The fees 3 shall be collected by the clerk of the circuit court. The 4 clerk of the circuit court shall pay all moneys collected 5 from these fees to the county treasurer who shall use the 6 moneys collected to defray the costs of drug testing, alcohol 7 testing, and electronic monitoring. The county treasurer 8 shall deposit the fees collected in the county working cash 9 fund under Section 6-27001 or Section 6-29002 of the Counties 10 Code, as the case may be. 11 (h) Jurisdiction over an offender may be transferred 12 from the sentencing court to the court of another circuit 13 with the concurrence of both courts, or to another state 14 under an Interstate Probation Reciprocal Agreement as 15 provided in Section 3-3-11. Further transfers or retransfers 16 of jurisdiction are also authorized in the same manner. The 17 court to which jurisdiction has been transferred shall have 18 the same powers as the sentencing court. 19 (i) The court shall impose upon an offender sentenced to 20 probation after January 1, 1989 or to conditional discharge 21 after January 1, 1992, as a condition of such probation or 22 conditional discharge, a fee of $25 for each month of 23 probation or conditional discharge supervision ordered by the 24 court, unless after determining the inability of the person 25 sentenced to probation or conditional discharge to pay the 26 fee, the court assesses a lesser fee. The court may not 27 impose the fee on a minor who is made a ward of the State 28 under the Juvenile Court Act of 1987 while the minor is in 29 placement. The fee shall be imposed only upon an offender who 30 is actively supervised by the probation and court services 31 department. The fee shall be collected by the clerk of the 32 circuit court. The clerk of the circuit court shall pay all 33 monies collected from this fee to the county treasurer for 34 deposit in the probation and court services fund under -24- LRB9200642WHcs 1 Section 15.1 of the Probation and Probation Officers Act. 2 (j) All fines and costs imposed under this Section for 3 any violation of Chapters 3, 4, 6, and 11 of the Illinois 4 Vehicle Code, or a similar provision of a local ordinance, 5 and any violation of the Child Passenger Protection Act, or a 6 similar provision of a local ordinance, shall be collected 7 and disbursed by the circuit clerk as provided under Section 8 27.5 of the Clerks of Courts Act. 9 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 10 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 11 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 12 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) 13 Sec. 5-6-3.1. Incidents and Conditions of Supervision. 14 (a) When a defendant is placed on supervision, the court 15 shall enter an order for supervision specifying the period of 16 such supervision, and shall defer further proceedings in the 17 case until the conclusion of the period. 18 (b) The period of supervision shall be reasonable under 19 all of the circumstances of the case, but may not be longer 20 than 2 years, unless the defendant has failed to pay the 21 assessment required by Section 10.3 of the Cannabis Control 22 Act or Section 411.2 of the Illinois Controlled Substances 23 Act, in which case the court may extend supervision beyond 2 24 years. Additionally, the court shall order the defendant to 25 perform no less than 30 hours of community service and not 26 more than 120 hours of community service, if community 27 service is available in the jurisdiction and is funded and 28 approved by the county board where the offense was committed, 29 when the offense (1) was related to or in furtherance of the 30 criminal activities of an organized gang or was motivated by 31 the defendant's membership in or allegiance to an organized 32 gang; or (2) is a violation of any Section of Article 24 of 33 the Criminal Code of 1961 where a disposition of supervision -25- LRB9200642WHcs 1 is not prohibited by Section 5-6-1 of this Code. The 2 community service shall include, but not be limited to, the 3 cleanup and repair of any damage caused by violation of 4 Section 21-1.3 of the Criminal Code of 1961 and similar 5 damages to property located within the municipality or county 6 in which the violation occurred. Where possible and 7 reasonable, the community service should be performed in the 8 offender's neighborhood. 9 For the purposes of this Section, "organized gang" has 10 the meaning ascribed to it in Section 10 of the Illinois 11 Streetgang Terrorism Omnibus Prevention Act. 12 (c) The court may in addition to other reasonable 13 conditions relating to the nature of the offense or the 14 rehabilitation of the defendant as determined for each 15 defendant in the proper discretion of the court require that 16 the person: 17 (1) make a report to and appear in person before or 18 participate with the court or such courts, person, or 19 social service agency as directed by the court in the 20 order of supervision; 21 (2) pay a fine and costs; 22 (3) work or pursue a course of study or vocational 23 training; 24 (4) undergo medical, psychological or psychiatric 25 treatment; or treatment for drug addiction or alcoholism; 26 (5) attend or reside in a facility established for 27 the instruction or residence of defendants on probation; 28 (6) support his dependents; 29 (7) refrain from possessing a firearm or other 30 dangerous weapon; 31 (8) and in addition, if a minor: 32 (i) reside with his parents or in a foster 33 home; 34 (ii) attend school; -26- LRB9200642WHcs 1 (iii) attend a non-residential program for 2 youth; 3 (iv) contribute to his own support at home or 4 in a foster home; and 5 (9) make restitution or reparation in an amount not 6 to exceed actual loss or damage to property and pecuniary 7 loss or make restitution under Section 5-5-6 to a 8 domestic violence shelter. The court shall determine the 9 amount and conditions of payment; 10 (10) perform some reasonable public or community 11 service; 12 (11) comply with the terms and conditions of an 13 order of protection issued by the court pursuant to the 14 Illinois Domestic Violence Act of 1986 or a foreign 15 protection order (as defined in the Uniform Interstate 16 Enforcement of Domestic-Violence Protection Orders Act) 17an order of protection issued by the court of another18state, tribe, or United States territory. If the court 19 has ordered the defendant to make a report and appear in 20 person under paragraph (1) of this subsection, a copy of 21 the order of protection or foreign protection order shall 22 be transmitted to the person or agency so designated by 23 the court; 24 (12) reimburse any "local anti-crime program" as 25 defined in Section 7 of the Anti-Crime Advisory Council 26 Act for any reasonable expenses incurred by the program 27 on the offender's case, not to exceed the maximum amount 28 of the fine authorized for the offense for which the 29 defendant was sentenced; 30 (13) contribute a reasonable sum of money, not to 31 exceed the maximum amount of the fine authorized for the 32 offense for which the defendant was sentenced, to a 33 "local anti-crime program", as defined in Section 7 of 34 the Anti-Crime Advisory Council Act; -27- LRB9200642WHcs 1 (14) refrain from entering into a designated 2 geographic area except upon such terms as the court finds 3 appropriate. Such terms may include consideration of the 4 purpose of the entry, the time of day, other persons 5 accompanying the defendant, and advance approval by a 6 probation officer; 7 (15) refrain from having any contact, directly or 8 indirectly, with certain specified persons or particular 9 types of person, including but not limited to members of 10 street gangs and drug users or dealers; 11 (16) refrain from having in his or her body the 12 presence of any illicit drug prohibited by the Cannabis 13 Control Act or the Illinois Controlled Substances Act, 14 unless prescribed by a physician, and submit samples of 15 his or her blood or urine or both for tests to determine 16 the presence of any illicit drug; 17 (17) refrain from operating any motor vehicle not 18 equipped with an ignition interlock device as defined in 19 Section 1-129.1 of the Illinois Vehicle Code. Under this 20 condition the court may allow a defendant who is not 21 self-employed to operate a vehicle owned by the 22 defendant's employer that is not equipped with an 23 ignition interlock device in the course and scope of the 24 defendant's employment. 25 (d) The court shall defer entering any judgment on the 26 charges until the conclusion of the supervision. 27 (e) At the conclusion of the period of supervision, if 28 the court determines that the defendant has successfully 29 complied with all of the conditions of supervision, the court 30 shall discharge the defendant and enter a judgment dismissing 31 the charges. 32 (f) Discharge and dismissal upon a successful conclusion 33 of a disposition of supervision shall be deemed without 34 adjudication of guilt and shall not be termed a conviction -28- LRB9200642WHcs 1 for purposes of disqualification or disabilities imposed by 2 law upon conviction of a crime. Two years after the 3 discharge and dismissal under this Section, unless the 4 disposition of supervision was for a violation of Sections 5 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois 6 Vehicle Code or a similar provision of a local ordinance, or 7 for a violation of Sections 12-3.2 or 16A-3 of the Criminal 8 Code of 1961, in which case it shall be 5 years after 9 discharge and dismissal, a person may have his record of 10 arrest sealed or expunged as may be provided by law. 11 However, any defendant placed on supervision before January 12 1, 1980, may move for sealing or expungement of his arrest 13 record, as provided by law, at any time after discharge and 14 dismissal under this Section. A person placed on supervision 15 for a sexual offense committed against a minor as defined in 16 subsection (g) of Section 5 of the Criminal Identification 17 Act or for a violation of Section 11-501 of the Illinois 18 Vehicle Code or a similar provision of a local ordinance 19 shall not have his or her record of arrest sealed or 20 expunged. 21 (g) A defendant placed on supervision and who during the 22 period of supervision undergoes mandatory drug or alcohol 23 testing, or both, or is assigned to be placed on an approved 24 electronic monitoring device, shall be ordered to pay the 25 costs incidental to such mandatory drug or alcohol testing, 26 or both, and costs incidental to such approved electronic 27 monitoring in accordance with the defendant's ability to pay 28 those costs. The county board with the concurrence of the 29 Chief Judge of the judicial circuit in which the county is 30 located shall establish reasonable fees for the cost of 31 maintenance, testing, and incidental expenses related to the 32 mandatory drug or alcohol testing, or both, and all costs 33 incidental to approved electronic monitoring, of all 34 defendants placed on supervision. The concurrence of the -29- LRB9200642WHcs 1 Chief Judge shall be in the form of an administrative order. 2 The fees shall be collected by the clerk of the circuit 3 court. The clerk of the circuit court shall pay all moneys 4 collected from these fees to the county treasurer who shall 5 use the moneys collected to defray the costs of drug testing, 6 alcohol testing, and electronic monitoring. The county 7 treasurer shall deposit the fees collected in the county 8 working cash fund under Section 6-27001 or Section 6-29002 of 9 the Counties Code, as the case may be. 10 (h) A disposition of supervision is a final order for 11 the purposes of appeal. 12 (i) The court shall impose upon a defendant placed on 13 supervision after January 1, 1992, as a condition of 14 supervision, a fee of $25 for each month of supervision 15 ordered by the court, unless after determining the inability 16 of the person placed on supervision to pay the fee, the court 17 assesses a lesser fee. The court may not impose the fee on a 18 minor who is made a ward of the State under the Juvenile 19 Court Act of 1987 while the minor is in placement. The fee 20 shall be imposed only upon a defendant who is actively 21 supervised by the probation and court services department. 22 The fee shall be collected by the clerk of the circuit court. 23 The clerk of the circuit court shall pay all monies collected 24 from this fee to the county treasurer for deposit in the 25 probation and court services fund pursuant to Section 15.1 of 26 the Probation and Probation Officers Act. 27 (j) All fines and costs imposed under this Section for 28 any violation of Chapters 3, 4, 6, and 11 of the Illinois 29 Vehicle Code, or a similar provision of a local ordinance, 30 and any violation of the Child Passenger Protection Act, or a 31 similar provision of a local ordinance, shall be collected 32 and disbursed by the circuit clerk as provided under Section 33 27.5 of the Clerks of Courts Act. 34 (k) A defendant at least 17 years of age who is placed -30- LRB9200642WHcs 1 on supervision for a misdemeanor in a county of 3,000,000 or 2 more inhabitants and who has not been previously convicted of 3 a misdemeanor or felony may as a condition of his or her 4 supervision be required by the court to attend educational 5 courses designed to prepare the defendant for a high school 6 diploma and to work toward a high school diploma or to work 7 toward passing the high school level Test of General 8 Educational Development (GED) or to work toward completing a 9 vocational training program approved by the court. The 10 defendant placed on supervision must attend a public 11 institution of education to obtain the educational or 12 vocational training required by this subsection (k). The 13 defendant placed on supervision shall be required to pay for 14 the cost of the educational courses or GED test, if a fee is 15 charged for those courses or test. The court shall revoke 16 the supervision of a person who wilfully fails to comply with 17 this subsection (k). The court shall resentence the 18 defendant upon revocation of supervision as provided in 19 Section 5-6-4. This subsection (k) does not apply to a 20 defendant who has a high school diploma or has successfully 21 passed the GED test. This subsection (k) does not apply to a 22 defendant who is determined by the court to be 23 developmentally disabled or otherwise mentally incapable of 24 completing the educational or vocational program. 25 (l) The court shall require a defendant placed on 26 supervision for possession of a substance prohibited by the 27 Cannabis Control Act or Illinois Controlled Substances Act 28 after a previous conviction or disposition of supervision for 29 possession of a substance prohibited by the Cannabis Control 30 Act or Illinois Controlled Substances Act or a sentence of 31 probation under Section 10 of the Cannabis Control Act or 32 Section 410 of the Illinois Controlled Substances Act and 33 after a finding by the court that the person is addicted, to 34 undergo treatment at a substance abuse program approved by -31- LRB9200642WHcs 1 the court. 2 (m) The court shall require a defendant placed on 3 supervision for a violation of Section 3-707 of the Illinois 4 Vehicle Code or a similar provision of a local ordinance, as 5 a condition of supervision, to give proof of his or her 6 financial responsibility as defined in Section 7-315 of the 7 Illinois Vehicle Code. The proof shall be maintained by the 8 defendant in a manner satisfactory to the Secretary of State 9 for a minimum period of one year after the date the proof is 10 first filed. The Secretary of State shall suspend the 11 driver's license of any person determined by the Secretary to 12 be in violation of this subsection. 13 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 14 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 15 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, 16 eff. 1-1-01.) 17 Section 11.3. The Code of Civil Procedure is amended by 18 changing Sections 12-652, 12-653, and 12-655 as follows: 19 (735 ILCS 5/12-652) (from Ch. 110, par. 12-652) 20 Sec. 12-652. Filing and Status of Foreign Judgments. 21 (a) A copy of any foreign judgment authenticated in 22 accordance with the acts of Congress or the statutes of this 23 State may be filed in the office of the circuit clerk for any 24 county of this State. The clerk shall treat the foreign 25 judgment in the same manner as a judgment of the circuit 26 court for any county of this State. A judgment so filed has 27 the same effect and is subject to the same procedures, 28 defenses and proceedings for reopening, vacating, or staying 29 as a judgment of a circuit court for any county of this State 30 and may be enforced or satisfied in like manner. 31 (b) A foreign judgment or lien arising by operation of 32 law, and resulting from an order requiring child support -32- LRB9200642WHcs 1 payments shall be entitled to full faith and credit in this 2 State, shall be enforceable in the same manner as any 3 judgment or lien of this State resulting from an order 4 requiring child support payments, and shall not be required 5 to be filed with the office of the circuit clerk in any 6 county of this State, except as provided for in Sections 7 10-25 and 10-25.5 of the Illinois Public Aid Code. 8 (c) A foreign protection order (as defined in the 9 Uniform Interstate Enforcement of Domestic-Violence 10 Protection Orders Act)order of protection issued by the11court of another state, tribe, or United States territoryis 12 entitled to full faith and credit in this State, is 13 enforceable in the same manner as any order of protection 14 issued by a circuit court for any county of this State, and 15 may be filed with the circuit clerk in any county of this 16 State as provided in Section 222.5 of the Illinois Domestic 17 Violence Act of 1986 or Section 22.5 of the Code of Criminal 18 Procedure of 1963. A foreignorder ofprotection order shall 19 not be required to be filed with the circuit clerk to be 20 entitled to full faith and credit in this State and 21 enforcement under the Uniform Interstate Enforcement of 22 Domestic-Violence Protection Orders Act. 23 (Source: P.A. 90-18, eff. 7-1-97; 91-903, eff. 1-1-01.) 24 (735 ILCS 5/12-653) (from Ch. 110, par. 12-653) 25 Sec. 12-653. Notice of Filing. 26 (a) At the time of the filing of the foreign judgment, 27 the judgment creditor or his lawyer shall make and file with 28 the circuit clerk an affidavit setting forth the name and 29 last known post office address of the judgment debtor, and 30 the judgment creditor. 31 (b) Promptly upon the filing of a foreign judgment 32 (other than a foreignorder ofprotection order) and the 33 affidavit, the clerk shall mail notice of the filing of the -33- LRB9200642WHcs 1 foreign judgment to the judgment debtor at the address given 2 and shall make a note of the mailing in the docket. The 3 notice shall include the name and post office address of the 4 judgment creditor and the judgment creditor's lawyer, if any, 5 in this State. In addition, the judgment creditor may mail a 6 notice of the filing of the judgment to the judgment debtor 7 and may file proof of mailing with the clerk. Lack of 8 mailing notice of filing by the clerk shall not affect the 9 enforcement proceedings if proof of mailing by the judgment 10 creditor has been filed. 11 (c) The clerk shall not mail notice of the filing of a 12 foreignorder ofprotection order to the respondent named in 13 the order. 14 (Source: P.A. 91-903, eff. 1-1-01.) 15 (735 ILCS 5/12-655) (from Ch. 110, par. 12-655) 16 Sec. 12-655. Fees. 17 (a) Any person filing a foreign judgment shall pay a fee 18 to the circuit clerk equivalent to the fee which would be 19 required were the person filing a complaint seeking the 20 amount awarded in the foreign judgment. Fees for docketing, 21 transcription or other enforcement proceedings shall be as 22 provided for judgments of the circuit court. 23 (b) The clerk shall not charge a fee to any person to 24 register a foreignorder ofprotection order. 25 (Source: P.A. 91-903, eff. 1-1-01.) 26 Section 11.4. The Illinois Domestic Violence Act of 1986 27 is amended by changing Sections 222.5, 223, and 302 as 28 follows: 29 (750 ILCS 60/222.5) 30 Sec. 222.5. Filing of a foreign protection orderan31order of protection issued in another state. -34- LRB9200642WHcs 1 (a) A person entitled to protection under a foreign 2 protection order (as defined in the Uniform Interstate 3 Enforcement of Domestic-Violence Protection Orders Act)an4order of protection issued by the court of another state,5tribe, or United States territorymay file a certified copy 6 of theorder offoreign protection order with the clerk of 7 the court in a judicial circuit in which the person believes 8 that enforcement may be necessary. 9 (b) The clerk shall: 10 (1) treat the foreignorder ofprotection order in 11 the same manner as a judgment of the circuit court for 12 any county of this State in accordance with the 13 provisions of the Uniform Enforcement of Foreign 14 Judgments Act, except that the clerk shall not mail 15 notice of the filing of the foreign protection order to 16 the respondent named in the order; and 17 (2) on the same day that a foreignorder of18 protection order is filed, file a certified copy of that 19 order with the sheriff or other law enforcement officials 20 charged with maintaining Department of State Police 21 records as set forth in Section 222 of this Act. 22 (c) Neither residence in this State nor filing of a 23 foreignorder ofprotection order shall be required for 24 enforcement of the order by this State. Failure to file the 25 foreign order shall not be an impediment to its treatment in 26 all respects as an Illinois order of protection nor its 27 enforcement under the Uniform Interstate Enforcement of 28 Domestic-Violence Protection Orders Act. 29 (d) The clerk shall not charge a fee to file a foreign 30order ofprotection order under this Section. 31 (e) The sheriff shall inform the Department of State 32 Police as set forth in Section 302 of this Act. 33 (Source: P.A. 91-903, eff. 1-1-01.) -35- LRB9200642WHcs 1 (750 ILCS 60/223) (from Ch. 40, par. 2312-23) 2 Sec. 223. Enforcement of orders of protection. 3 (a) When violation is crime. A violation of any order of 4 protection, whether issued in a civil or criminal proceeding, 5 may be enforced by a criminal court when: 6 (1) The respondent commits the crime of violation 7 of an order of protection pursuant to Section 12-30 of 8 the Criminal Code of 1961, by having knowingly violated: 9 (i) remedies described in paragraphs (1), (2), 10 (3), (14), or (14.5) of subsection (b) of Section 11 214 of this Act; or 12 (ii) a remedy, which is substantially similar 13 to the remedies authorized under paragraphs (1), 14 (2), (3), (14), and (14.5) of subsection (b) of 15 Section 214 of this Act, in a validorder offoreign 16 protection orderwhich is authorized under the laws17of another state, tribe, or United States territory; 18 or 19 (iii) any other remedy when the act 20 constitutes a crime against the protected parties as 21 defined by the Criminal Code of 1961. 22 Prosecution for a violation of an order of 23 protection shall not bar concurrent prosecution for any 24 other crime, including any crime that may have been 25 committed at the time of the violation of the order of 26 protection; or 27 (2) The respondent commits the crime of child 28 abduction pursuant to Section 10-5 of the Criminal Code 29 of 1961, by having knowingly violated: 30 (i) remedies described in paragraphs (5), (6) 31 or (8) of subsection (b) of Section 214 of this Act; 32 or 33 (ii) a remedy, which is substantially similar 34 to the remedies authorized under paragraphs (5), -36- LRB9200642WHcs 1 (6), or (8) of subsection (b) of Section 214 of this 2 Act, in a valid foreignorder ofprotection order 3which is authorized under the laws of another state,4tribe, or United States territory. 5 (b) When violation is contempt of court. A violation of 6 any valid Illinois order of protection, whether issued in a 7 civil or criminal proceeding, may be enforced through civil 8 or criminal contempt procedures, as appropriate, by any court 9 with jurisdiction, regardless where the act or acts which 10 violated the order of protection were committed, to the 11 extent consistent with the venue provisions of this Act. 12 Nothing in this Act shall preclude any Illinois court from 13 enforcing any valid order of protection issued in another 14 state. Illinois courts may enforce orders of protection 15 through both criminal prosecution and contempt proceedings, 16 unless the action which is second in time is barred by 17 collateral estoppel or the constitutional prohibition against 18 double jeopardy. 19 (1) In a contempt proceeding where the petition for 20 a rule to show cause sets forth facts evidencing an 21 immediate danger that the respondent will flee the 22 jurisdiction, conceal a child, or inflict physical abuse 23 on the petitioner or minor children or on dependent 24 adults in petitioner's care, the court may order the 25 attachment of the respondent without prior service of the 26 rule to show cause or the petition for a rule to show 27 cause. Bond shall be set unless specifically denied in 28 writing. 29 (2) A petition for a rule to show cause for 30 violation of an order of protection shall be treated as 31 an expedited proceeding. 32 (c) Violation of custody or support orders. A violation 33 of remedies described in paragraphs (5), (6), (8), or (9) of 34 subsection (b) of Section 214 of this Act may be enforced by -37- LRB9200642WHcs 1 any remedy provided by Section 611 of the Illinois Marriage 2 and Dissolution of Marriage Act. The court may enforce any 3 order for support issued under paragraph (12) of subsection 4 (b) of Section 214 in the manner provided for under Articles 5 V and VII of the Illinois Marriage and Dissolution of 6 Marriage Act. 7 (d) Actual knowledge. An order of protection may be 8 enforced pursuant to this Section if the respondent violates 9 the order after the respondent has actual knowledge of its 10 contents as shown through one of the following means: 11 1t (1) By service, delivery, or notice under Section 210. 12 (2) By notice under Section 210.1 or 211. 13 (3) By service of an order of protection under 14 Section 222. 15 (4) By other means demonstrating actual knowledge 16 of the contents of the order. 17 (e) The enforcement of an order of protection in civil 18 or criminal court shall not be affected by either of the 19 following: 20 (1) The existence of a separate, correlative order, 21 entered under Section 215. 22 (2) Any finding or order entered in a conjoined 23 criminal proceeding. 24 (f) Circumstances. The court, when determining whether 25 or not a violation of an order of protection has occurred, 26 shall not require physical manifestations of abuse on the 27 person of the victim. 28 (g) Penalties. 29 (1) Except as provided in paragraph (3) of this 30 subsection, where the court finds the commission of a 31 crime or contempt of court under subsections (a) or (b) 32 of this Section, the penalty shall be the penalty that 33 generally applies in such criminal or contempt 34 proceedings, and may include one or more of the -38- LRB9200642WHcs 1 following: incarceration, payment of restitution, a fine, 2 payment of attorneys' fees and costs, or community 3 service. 4 (2) The court shall hear and take into account 5 evidence of any factors in aggravation or mitigation 6 before deciding an appropriate penalty under paragraph 7 (1) of this subsection. 8 (3) To the extent permitted by law, the court is 9 encouraged to: 10 (i) increase the penalty for the knowing 11 violation of any order of protection over any 12 penalty previously imposed by any court for 13 respondent's violation of any order of protection or 14 penal statute involving petitioner as victim and 15 respondent as defendant; 16 (ii) impose a minimum penalty of 24 hours 17 imprisonment for respondent's first violation of any 18 order of protection; and 19 (iii) impose a minimum penalty of 48 hours 20 imprisonment for respondent's second or subsequent 21 violation of an order of protection 22 unless the court explicitly finds that an increased 23 penalty or that period of imprisonment would be 24 manifestly unjust. 25 (4) In addition to any other penalties imposed for 26 a violation of an order of protection, a criminal court 27 may consider evidence of any violations of an order of 28 protection: 29 (i) to increase, revoke or modify the bail 30 bond on an underlying criminal charge pursuant to 31 Section 110-6 of the Code of Criminal Procedure of 32 1963; 33 (ii) to revoke or modify an order of 34 probation, conditional discharge or supervision, -39- LRB9200642WHcs 1 pursuant to Section 5-6-4 of the Unified Code of 2 Corrections; 3 (iii) to revoke or modify a sentence of 4 periodic imprisonment, pursuant to Section 5-7-2 of 5 the Unified Code of Corrections. 6 (5) In addition to any other penalties, the court 7 shall impose an additional fine of $20 as authorized by 8 Section 5-9-1.11 of the Unified Code of Corrections upon 9 any person convicted of or placed on supervision for a 10 violation of an order of protection. The additional fine 11 shall be imposed for each violation of this Section. 12 (Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.) 13 (750 ILCS 60/302) (from Ch. 40, par. 2313-2) 14 Sec. 302. Data maintenance by law enforcement agencies. 15 (a) All sheriffs shall furnish to the Department of 16 State Police, on the same day as received, in the form and 17 detail the Department requires, copies of any recorded 18 emergency, interim, or plenary orders of protection issued by 19 the court, and any foreignorders ofprotection orders filed 20 withbythe clerk of the court, and transmitted to the 21 sheriff by the clerk of the court pursuant to subsection (b) 22 of Section 222 of this Act. In this Section, "order of 23 protection" includes an order of protection issued in this 24 State and a foreign protection order filed with the clerk of 25 the court. Each order of protection shall be entered in the 26 Law Enforcement Automated Data System on the same day it is 27 issued by the court or filed with the clerk of the court. If 28 an emergency order of protection was issued in accordance 29 with subsection (c) of Section 217, the order shall be 30 entered in the Law Enforcement Automated Data System as soon 31 as possible after receipt from the clerk. 32 (b) The Department of State Police shall maintain a 33 complete and systematic record and index of all valid and -40- LRB9200642WHcs 1 recorded orders of protection issued pursuant to this Act. 2 The data shall be used to inform all dispatchers and law 3 enforcement officers at the scene of an alleged incident of 4 abuse, neglect, or exploitation or violation of an order of 5 protection of any recorded prior incident of abuse, neglect, 6 or exploitation involving the abused, neglected, or exploited 7 party and the effective dates and terms of any recorded order 8 of protection. 9 (c) The data, records and transmittals required under 10 this Section shall pertain to any valid emergency, interim or 11 plenary order of protection, whether issued in a civil or 12 criminal proceeding or issued by a tribunal as defined in the 13 Uniform Interstate Enforcement of Domestic-Violence 14 Protection Orders Actauthorized under the laws of another15state, tribe, or United States territory. 16 (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01.)