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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.