State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB4087

 
                                               LRB9213782RCcd

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended  by  adding  Sections  112A-17.5  and  112A-28.5   as
 6    follows:

 7        (725 ILCS 5/112A-17.5 new)
 8        Sec. 112A-17.5.  Notice of orders.
 9        (a)  Entry  and issuance. When a person is charged with a
10    criminal offense and released on bond and the victim  of  the
11    offense  is a family or household member and the condition of
12    the bond is  that  the  defendant  refrain  from  contact  or
13    communications  with  the  victim  for a minimum period of 72
14    hours following the  defendant's  release  and  refrain  from
15    entering or remaining at the victim's residence for a minimum
16    period  of  72 hours following the defendant's release or any
17    other conditions restricting contact with the victim  as  the
18    court  imposes,  the  clerk shall immediately, or on the next
19    court day, enter the order on  the  record  and  file  it  in
20    accordance  with  circuit court procedures and provide a file
21    stamped copy of the order to defendant, if  present,  and  to
22    the victim, if present.
23        (b)  No  Contact  with  family  victim  orders. The court
24    order shall include the following information:
25             (1)  the court case number.
26             (2)  the issue date of the order.
27             (3)  the expiration date of the order, not to exceed
28        2 years.
29             (4)  the defendant's name, sex, race, date of birth,
30        height, weight, hair, and eye color.
31             (5)  the  conditions  of  bond,  including  specific
 
                            -2-                LRB9213782RCcd
 1        remedy.
 2             (6)  the victim's name.
 3             (7)  the protected person's name.
 4             (8)  the protected person's address.
 5        (c)  Filing with sheriff. The  clerk  of  the  judge  who
 6    issued  the  order  shall,  on the same day that the order is
 7    issued, file a certified copy of that order with the sheriff.
 8        (d)  Service by sheriff. Unless the defendant was present
 9    in court when the order was issued, the  sheriff,  other  law
10    enforcement   official,   or  special  process  server  shall
11    promptly serve that order upon the defendant and  file  proof
12    of  that  service,  in  the  manner  provided  for service of
13    process.

14        (725 ILCS 5/112A-28.5 new)
15        Sec. 112A-28.5.  Entry of orders into LEADS.
16        (a)  The law enforcement agency  of  the  unit  of  local
17    government  that  received the order shall enter into the Law
18    Enforcement Agencies Data System (LEADS) the  no contact with
19    family victim order information. The LEADS file must  include
20    the name and address of each person who has been charged with
21    a  criminal  offense  in which the victim of the offense is a
22    family or household member and who has been released on  bond
23    in  which  the  condition  of  the bond is that the defendant
24    refrain from contact or communication with the victim  for  a
25    minimum  period of 72 hours following the defendant's release
26    and refrain  from  entering  or  remaining  at  the  victim's
27    residence  for  a  minimum  period  of 72 hours following the
28    defendant's  release  or  any  other  conditions  restricting
29    contact with the victim as the court imposes.
30        (b)  The sheriff shall enter the no contact  with  family
31    victim  order  into LEADS as soon as possible after receiving
32    the order. The order must be entered into LEADS on  the  same
33    day the sheriff receives the order.
 
                            -3-                LRB9213782RCcd
 1        (c)  Retention. The information must be retained in LEADS
 2    in  a  history  file for 90 days after the expiration date of
 3    the  no  contact  with  family  victim   order   before   the
 4    information may be removed from the LEADS file.

 5        Section  10.   The Illinois Domestic Violence Act of 1986
 6    is amended by adding Sections 217.5 and 302.5 as follows:

 7        (750 ILCS 60/217.5 new)
 8        Sec. 217.5. Notice of orders.
 9        (a)  Entry and issuance. When a person is charged with  a
10    criminal  offense  and released on bond and the victim of the
11    offense is a family or household member and the condition  of
12    the  bond  is  that  the  defendant  refrain  from contact or
13    communications with the victim for a  minimum  period  of  72
14    hours  following  the  defendant's  release  and refrain from
15    entering or remaining at the victim's residence for a minimum
16    period of 72 hours following the defendant's release  or  any
17    other  conditions  restricting contact with the victim as the
18    court imposes, the clerk shall immediately, or  on  the  next
19    court  day,  enter  the  order  on  the record and file it in
20    accordance with circuit court procedures and provide  a  file
21    stamped  copy  of  the order to defendant, if present, and to
22    the victim, if present.
23        (b)  No Contact with  family  victim  orders.  The  court
24    order shall include the following information:
25             (1)  the court case number.
26             (2)  the issue date of the order.
27             (3)  the expiration date of the order, not to exceed
28        2 years.
29             (4)  the defendant's name, sex, race, date of birth,
30        height, weight, hair, and eye color.
31             (5)  the  conditions  of  bond,  including  specific
32        remedy.
 
                            -4-                LRB9213782RCcd
 1             (6)  the victim's name.
 2             (7)  the protected person's name.
 3             (8)  the protected person's address.
 4        (c)  Filing  with  sheriff.  The  clerk  of the judge who
 5    issued the order shall, on the same day  that  the  order  is
 6    issued, file a certified copy of that order with the sheriff.
 7        (d)  Service by sheriff. Unless the defendant was present
 8    in  court  when  the order was issued, the sheriff, other law
 9    enforcement  official,  or  special  process   server   shall
10    promptly  serve  that order upon the defendant and file proof
11    of that service,  in  the  manner  provided  for  service  of
12    process.

13        (750 ILCS 60/302.5 new)
14        Sec. 302.5. Entry of orders into LEADS.
15        (a)  The  law  enforcement  agency  of  the unit of local
16    government that received the order shall enter into  the  Law
17    Enforcement Agencies Data System (LEADS) the  no contact with
18    family  victim order information. The LEADS file must include
19    the name and address of each person who has been charged with
20    a criminal offense in which the victim of the  offense  is  a
21    family  or household member and who has been released on bond
22    in which the condition of the  bond  is  that  the  defendant
23    refrain  from  contact or communication with the victim for a
24    minimum period of 72 hours following the defendant's  release
25    and  refrain  from  entering  or  remaining  at  the victim's
26    residence for a minimum period  of  72  hours  following  the
27    defendant's  release  or  any  other  conditions  restricting
28    contact with the victim as the court imposes.
29        (b)  The  sheriff  shall enter the no contact with family
30    victim order into LEADS as soon as possible  after  receiving
31    the  order.  The order must be entered into LEADS on the same
32    day the sheriff receives the order.
33        (c)  Retention. The information must be retained in LEADS
 
                            -5-                LRB9213782RCcd
 1    in a history file for 90 days after the  expiration  date  of
 2    the   no   contact   with  family  victim  order  before  the
 3    information may be removed from the LEADS file.

 4        Section 99. Effective date.  This Act takes  effect  upon
 5    becoming law.

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