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92_HB3314sam001
LRB9206112RCsbam
1 AMENDMENT TO HOUSE BILL 3314
2 AMENDMENT NO. . Amend House Bill 3314 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Sections 112A-17.5 and 112A-28.5 as
7 follows:
8 (725 ILCS 5/112A-17.5 new)
9 Sec. 112A-17.5. Notice of orders.
10 (a) Entry and issuance. When a person is charged with a
11 criminal offense and released on bond and the victim of the
12 offense is a family or household member and the condition of
13 the bond is that the defendant refrain from contact or
14 communications with the victim for a minimum period of 72
15 hours following the defendant's release and refrain from
16 entering or remaining at the victim's residence for a minimum
17 period of 72 hours following the defendant's release or any
18 other conditions restricting contact with the victim as the
19 court imposes, the clerk shall immediately, or on the next
20 court day, enter the order on the record and file it in
21 accordance with circuit court procedures and provide a file
-2- LRB9206112RCsbam
1 stamped copy of the order to defendant, if present, and to
2 the victim, if present.
3 (b) No Contact with family victim orders. The court
4 order shall include the following information:
5 (1) the court case number.
6 (2) the issue date of the order.
7 (3) the expiration date of the order, not to exceed
8 2 years.
9 (4) the defendant's name, sex, race, date of birth,
10 height, weight, hair, and eye color.
11 (5) the conditions of bond, including specific
12 remedy.
13 (6) the victim's name.
14 (7) the protected person's name.
15 (8) the protected person's address.
16 (c) Filing with sheriff. The clerk of the judge who
17 issued the order shall, on the same day that the order is
18 issued, file a certified copy of that order with the sheriff.
19 (d) Service by sheriff. Unless the defendant was present
20 in court when the order was issued, the sheriff, other law
21 enforcement official, or special process server shall
22 promptly serve that order upon the defendant and file proof
23 of that service, in the manner provided for service of
24 process.
25 (725 ILCS 5/112A-28.5 new)
26 Sec. 112A-28.5. Entry of orders into LEADS.
27 (a) The Department of State Police shall enter into the
28 Law Enforcement Agencies Data System (LEADS) the no contact
29 with family victim order information. The LEADS file must
30 include the name and address of each person who has been
31 charged with a criminal offense in which the victim of the
32 offense is a family or household member and who has been
33 released on bond in which the condition of the bond is that
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1 the defendant refrain from contact or communication with the
2 victim for a minimum period of 72 hours following the
3 defendant's release and refrain from entering or remaining at
4 the victim's residence for a minimum period of 72 hours
5 following the defendant's release or any other conditions
6 restricting contact with the victim as the court imposes.
7 (b) The sheriff shall enter the no contact with family
8 victim order into LEADS as soon as possible after receiving
9 the order. The order must be entered into LEADS on the same
10 day the sheriff receives the order.
11 (c) Retention. The information must be retained in LEADS
12 in a history file for 90 days after the expiration date of
13 the no contact with family victim order before the
14 information may be removed from the LEADS file.
15 Section 10. The Illinois Domestic Violence Act of 1986
16 is amended by adding Sections 217.5 and 302.5 as follows:
17 (750 ILCS 60/217.5 new)
18 Sec. 217.5. Notice of orders.
19 (a) Entry and issuance. When a person is charged with a
20 criminal offense and released on bond and the victim of the
21 offense is a family or household member and the condition of
22 the bond is that the defendant refrain from contact or
23 communications with the victim for a minimum period of 72
24 hours following the defendant's release and refrain from
25 entering or remaining at the victim's residence for a minimum
26 period of 72 hours following the defendant's release or any
27 other conditions restricting contact with the victim as the
28 court imposes, the clerk shall immediately, or on the next
29 court day, enter the order on the record and file it in
30 accordance with circuit court procedures and provide a file
31 stamped copy of the order to defendant, if present, and to
32 the victim, if present.
-4- LRB9206112RCsbam
1 (b) No Contact with family victim orders. The court
2 order shall include the following information:
3 (1) the court case number.
4 (2) the issue date of the order.
5 (3) the expiration date of the order, not to exceed
6 2 years.
7 (4) the defendant's name, sex, race, date of birth,
8 height, weight, hair, and eye color.
9 (5) the conditions of bond, including specific
10 remedy.
11 (6) the victim's name.
12 (7) the protected person's name.
13 (8) the protected person's address.
14 (c) Filing with sheriff. The clerk of the judge who
15 issued the order shall, on the same day that the order is
16 issued, file a certified copy of that order with the sheriff.
17 (d) Service by sheriff. Unless the defendant was present
18 in court when the order was issued, the sheriff, other law
19 enforcement official, or special process server shall
20 promptly serve that order upon the defendant and file proof
21 of that service, in the manner provided for service of
22 process.
23 (750 ILCS 60/302.5 new)
24 Sec. 302.5. Entry of orders into LEADS.
25 (a) The Department of State Police shall enter into the
26 Law Enforcement Agencies Data System (LEADS) the no contact
27 with family victim order information. The LEADS file must
28 include the name and address of each person who has been
29 charged with a criminal offense in which the victim of the
30 offense is a family or household member and who has been
31 released on bond in which the condition of the bond is that
32 the defendant refrain from contact or communication with the
33 victim for a minimum period of 72 hours following the
-5- LRB9206112RCsbam
1 defendant's release and refrain from entering or remaining at
2 the victim's residence for a minimum period of 72 hours
3 following the defendant's release or any other conditions
4 restricting contact with the victim as the court imposes.
5 (b) The sheriff shall enter the no contact with family
6 victim order into LEADS as soon as possible after receiving
7 the order. The order must be entered into LEADS on the same
8 day the sheriff receives the order.
9 (c) Retention. The information must be retained in LEADS
10 in a history file for 90 days after the expiration date of
11 the no contact with family victim order before the
12 information may be removed from the LEADS file.
13 Section 99. Effective date. This Act takes effect July
14 1, 2002.".