Public Act 93-0359

HB0206 Enrolled                      LRB093 04398 MKM 04448 b

    AN ACT concerning domestic violence.

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

    Section  5.   The  Code  of Criminal Procedure of 1963 is
amended by changing Section 112A-23 as follows:

    (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
    Sec. 112A-23.  Enforcement of orders of protection.
    (a)  When violation is crime. A violation of any order of
protection,  whether  issued  in  a   civil,   quasi-criminal
proceeding, shall may be enforced by a criminal court when:
         (1)  The  respondent  commits the crime of violation
    of an order of protection pursuant to  Section  12-30  of
    the Criminal Code of 1961, by having knowingly violated:
              (i)  remedies described in paragraphs (1), (2),
         (3),  (14),  or  (14.5) of subsection (b) of Section
         112A-14,
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (1),
         (2), (3),  (14)  or  (14.5)  of  subsection  (b)  of
         Section 214 of the Illinois Domestic Violence Act of
         1986,  in  a  valid  order  of  protection, which is
         authorized under the laws of another state, tribe or
         United States territory,
              (iii)  or  any  other  remedy  when   the   act
         constitutes a crime against the protected parties as
         defined by the Criminal Code of 1961.
    Prosecution  for  a  violation  of an order of protection
shall not bar concurrent prosecution  for  any  other  crime,
including  any crime that may have been committed at the time
of the violation of the order of protection; or
         (2)  The  respondent  commits  the  crime  of  child
    abduction pursuant to Section 10-5 of the  Criminal  Code
    of 1961, by having knowingly violated:
              (i)  remedies  described in paragraphs (5), (6)
         or (8) of subsection (b) of Section 112A-14, or
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (1),
         (5), (6), or (8) of subsection (b) of Section 214 of
         the Illinois Domestic Violence Act  of  1986,  in  a
         valid order of protection, which is authorized under
         the  laws  of  another state, tribe or United States
         territory.
    (b)  When violation is contempt of court. A violation  of
any  valid  order of protection, whether issued in a civil or
criminal  proceeding,  may  be  enforced  through  civil   or
criminal  contempt  procedures,  as appropriate, by any court
with jurisdiction, regardless where the  act  or  acts  which
violated  the  order  of  protection  were  committed, to the
extent consistent with the venue provisions of this  Article.
Nothing  in  this  Article  shall preclude any Illinois court
from enforcing  any  valid  order  of  protection  issued  in
another   state.   Illinois  courts  may  enforce  orders  of
protection through both  criminal  prosecution  and  contempt
proceedings,  unless  the  action  which is second in time is
barred  by  collateral   estoppel   or   the   constitutional
prohibition against double jeopardy.
         (1)  In a contempt proceeding where the petition for
    a  rule  to  show  cause  sets  forth facts evidencing an
    immediate  danger  that  the  respondent  will  flee  the
    jurisdiction, conceal a child, or inflict physical  abuse
    on  the  petitioner  or  minor  children  or on dependent
    adults in petitioner's care,  the  court  may  order  the
    attachment of the respondent without prior service of the
    rule  to  show  cause  or the petition for a rule to show
    cause.  Bond shall be set unless specifically  denied  in
    writing.
         (2)  A  petition  for  a  rule  to  show  cause  for
    violation  of  an order of protection shall be treated as
    an expedited proceeding.
    (c)  Violation of custody or support orders. A  violation
of  remedies described in paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14  may  be  enforced  by  any
remedy  provided  by Section 611 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any  order
for  support issued under paragraph (12) of subsection (b) of
Section  112A-14 in the manner provided for under Articles  V
and  VII of the Illinois Marriage and Dissolution of Marriage
Act.
    (d)  Actual knowledge. An  order  of  protection  may  be
enforced  pursuant to this Section if the respondent violates
the order  after  respondent  has  actual  knowledge  of  its
contents as shown through one of the following means:
         (1)  By  service,  delivery, or notice under Section
    112A-10.
         (2)  By notice under Section 112A-11.
         (3)  By service of  an  order  of  protection  under
    Section 112A-22.
         (4)  By  other  means demonstrating actual knowledge
    of the contents of the order.
    (e)  The enforcement of an order of protection  in  civil
or  criminal  court  shall  not  be affected by either of the
following:
         (1)  The existence of a separate, correlative  order
    entered under Section 112A-15.
         (2)  Any  finding  or  order  entered in a conjoined
    criminal proceeding.
    (f)  Circumstances.  The court, when determining  whether
or  not  a  violation of an order of protection has occurred,
shall not require physical manifestations  of  abuse  on  the
person of the victim.
    (g)  Penalties.
         (1)  Except  as  provided  in  paragraph (3) of this
    subsection, where the court finds  the  commission  of  a
    crime  or  contempt of court under subsections (a) or (b)
    of this Section, the penalty shall be  the  penalty  that
    generally   applies   in   such   criminal   or  contempt
    proceedings,  and  may  include  one  or  more   of   the
    following: incarceration, payment of restitution, a fine,
    payment  of  attorneys'  fees  and  costs,  or  community
    service.
         (2)  The  court  shall  hear  and  take into account
    evidence of any  factors  in  aggravation  or  mitigation
    before  deciding  an  appropriate penalty under paragraph
    (1) of this subsection.
         (3)  To the extent permitted by law,  the  court  is
    encouraged to:
              (i)  increase   the  penalty  for  the  knowing
         violation  of  any  order  of  protection  over  any
         penalty  previously  imposed  by   any   court   for
         respondent's violation of any order of protection or
         penal  statute  involving  petitioner  as victim and
         respondent as defendant;
              (ii)  impose a  minimum  penalty  of  24  hours
         imprisonment for respondent's first violation of any
         order of protection; and
              (iii)  impose  a  minimum  penalty  of 48 hours
         imprisonment for respondent's second  or  subsequent
         violation of an order of protection
    unless  the  court  explicitly  finds  that  an increased
    penalty  or  that  period  of   imprisonment   would   be
    manifestly unjust.
         (4)  In  addition to any other penalties imposed for
    a violation of an order of protection, a  criminal  court
    may  consider  evidence  of any violations of an order of
    protection:
              (i)  to increase, revoke  or  modify  the  bail
         bond  on  an  underlying criminal charge pursuant to
         Section 110-6;
              (ii)  to  revoke  or   modify   an   order   of
         probation,  conditional  discharge  or  supervision,
         pursuant  to  Section  5-6-4  of the Unified Code of
         Corrections;
              (iii)  to  revoke  or  modify  a  sentence   of
         periodic  imprisonment, pursuant to Section 5-7-2 of
         the Unified Code of Corrections.
(Source: P.A. 90-732, eff. 8-11-98.)

    Section 10.  The Illinois Domestic Violence Act  of  1986
is amended by changing Section 223 as follows:

    (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
    Sec. 223.  Enforcement of orders of protection.
    (a)  When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall may be enforced by a criminal court when:
         (1)  The  respondent  commits the crime of violation
    of an order of protection pursuant to  Section  12-30  of
    the Criminal Code of 1961, by having knowingly violated:
              (i)  remedies described in paragraphs (1), (2),
         (3),  (14),  or  (14.5) of subsection (b) of Section
         214 of this Act; or
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (1),
         (2), (3), (14), and  (14.5)  of  subsection  (b)  of
         Section  214  of  this  Act,  in  a  valid  order of
         protection which is authorized  under  the  laws  of
         another state, tribe, or United States territory; or
              (iii)  any    other   remedy   when   the   act
         constitutes a crime against the protected parties as
         defined by the Criminal Code of 1961.
         Prosecution  for  a  violation  of   an   order   of
    protection  shall  not bar concurrent prosecution for any
    other crime, including  any  crime  that  may  have  been
    committed  at  the  time of the violation of the order of
    protection; or
         (2)  The  respondent  commits  the  crime  of  child
    abduction pursuant to Section 10-5 of the  Criminal  Code
    of 1961, by having knowingly violated:
              (i)  remedies  described in paragraphs (5), (6)
         or (8) of subsection (b) of Section 214 of this Act;
         or
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (5),
         (6), or (8) of subsection (b) of Section 214 of this
         Act,  in  a  valid  order  of  protection  which  is
         authorized under the laws of another  state,  tribe,
         or United States territory.
    (b)  When  violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued  in  a
civil  or  criminal proceeding, may be enforced through civil
or criminal contempt procedures, as appropriate, by any court
with jurisdiction, regardless where the  act  or  acts  which
violated  the  order  of  protection  were  committed, to the
extent consistent with the  venue  provisions  of  this  Act.
Nothing  in  this  Act shall preclude any Illinois court from
enforcing any valid order of  protection  issued  in  another
state.  Illinois  courts  may  enforce  orders  of protection
through both criminal prosecution and  contempt  proceedings,
unless  the  action  which  is  second  in  time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
         (1)  In a contempt proceeding where the petition for
    a rule to show  cause  sets  forth  facts  evidencing  an
    immediate  danger  that  the  respondent  will  flee  the
    jurisdiction,  conceal a child, or inflict physical abuse
    on the petitioner  or  minor  children  or  on  dependent
    adults  in  petitioner's  care,  the  court may order the
    attachment of the respondent without prior service of the
    rule to show cause or the petition for  a  rule  to  show
    cause.   Bond  shall be set unless specifically denied in
    writing.
         (2)  A  petition  for  a  rule  to  show  cause  for
    violation of an order of protection shall be  treated  as
    an expedited proceeding.
    (c)  Violation  of custody or support orders. A violation
of remedies described in paragraphs (5), (6), (8), or (9)  of
subsection  (b) of Section 214 of this Act may be enforced by
any remedy provided by Section 611 of the  Illinois  Marriage
and  Dissolution  of  Marriage Act. The court may enforce any
order for support issued under paragraph (12)  of  subsection
(b) of Section  214 in the manner provided for under Articles
V  and  VII  of  the  Illinois  Marriage  and  Dissolution of
Marriage Act.
    (d)  Actual knowledge. An  order  of  protection  may  be
enforced  pursuant to this Section if the respondent violates
the order after the respondent has actual  knowledge  of  its
contents as shown through one of the following means:
         (1)  By  service,  delivery, or notice under Section
    210.
         (2)  By notice under Section 210.1 or 211.
         (3)  By service of  an  order  of  protection  under
    Section 222.
         (4)  By  other  means demonstrating actual knowledge
    of the contents of the order.
    (e)  The enforcement of an order of protection  in  civil
or  criminal  court  shall  not  be affected by either of the
following:
         (1)  The existence of a separate, correlative order,
    entered under Section 215.
         (2)  Any finding or order  entered  in  a  conjoined
    criminal proceeding.
    (f)  Circumstances.   The court, when determining whether
or not a violation of an order of  protection  has  occurred,
shall  not  require  physical  manifestations of abuse on the
person of the victim.
    (g)  Penalties.
         (1)  Except as provided in  paragraph  (3)  of  this
    subsection,  where  the  court  finds the commission of a
    crime or contempt of court under subsections (a)  or  (b)
    of  this  Section,  the penalty shall be the penalty that
    generally  applies   in   such   criminal   or   contempt
    proceedings,   and   may  include  one  or  more  of  the
    following: incarceration, payment of restitution, a fine,
    payment  of  attorneys'  fees  and  costs,  or  community
    service.
         (2)  The court shall  hear  and  take  into  account
    evidence  of  any  factors  in  aggravation or mitigation
    before deciding an appropriate  penalty  under  paragraph
    (1) of this subsection.
         (3)  To  the  extent  permitted by law, the court is
    encouraged to:
              (i)  increase  the  penalty  for  the   knowing
         violation  of  any  order  of  protection  over  any
         penalty   previously   imposed   by  any  court  for
         respondent's violation of any order of protection or
         penal statute involving  petitioner  as  victim  and
         respondent as defendant;
              (ii)  impose  a  minimum  penalty  of  24 hours
         imprisonment for respondent's first violation of any
         order of protection; and
              (iii)  impose a minimum  penalty  of  48  hours
         imprisonment  for  respondent's second or subsequent
         violation of an order of protection
    unless the  court  explicitly  finds  that  an  increased
    penalty   or   that   period  of  imprisonment  would  be
    manifestly unjust.
         (4)  In addition to any other penalties imposed  for
    a  violation  of an order of protection, a criminal court
    may consider evidence of any violations of  an  order  of
    protection:
              (i)  to  increase,  revoke  or  modify the bail
         bond on an underlying criminal  charge  pursuant  to
         Section  110-6  of the Code of Criminal Procedure of
         1963;
              (ii)  to  revoke  or   modify   an   order   of
         probation,  conditional  discharge  or  supervision,
         pursuant  to  Section  5-6-4  of the Unified Code of
         Corrections;
              (iii)  to  revoke  or  modify  a  sentence   of
         periodic  imprisonment, pursuant to Section 5-7-2 of
         the Unified Code of Corrections.
         (5)  In addition to any other penalties,  the  court
    shall  impose  an additional fine of $20 as authorized by
    Section 5-9-1.11 of the Unified Code of Corrections  upon
    any  person  convicted  of or placed on supervision for a
    violation of an order of protection.  The additional fine
    shall be imposed for each violation of this Section.
(Source: P.A. 90-241, eff. 1-1-98; 91-903, eff. 1-1-01.)