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Public Act 095-0886
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| HB5148 Enrolled |
LRB095 19675 AJO 46022 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Section 112A-20 as follows:
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(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
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Sec. 112A-20. Duration and extension of orders.
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(a) Duration of emergency and interim orders. Unless |
re-opened or
extended or voided by entry of
an order of greater |
duration:
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(1) Emergency orders issued under Section 112A-17 |
shall be
effective for not less than 14 nor more than 21 |
days;
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(2) Interim orders shall be effective for up to 30 |
days.
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(b) Duration of plenary orders. Except as otherwise |
provided in this
Section, a plenary order of protection shall |
be valid for a fixed period
of time not to exceed 2 years.
A |
plenary order of protection entered in conjunction with a |
criminal
prosecution shall remain in effect as follows:
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(1) if entered during pre-trial release, until |
disposition, withdrawal,
or dismissal of the underlying |
charge; if, however, the case is continued as an
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independent cause of action, the order's duration may be |
for a fixed period
of time not to exceed 2 years;
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(2) if in effect in conjunction with a bond forfeiture |
warrant, until
final disposition or an additional period
of |
time not
exceeding 2 years; no order of
protection, |
however, shall be terminated by a dismissal that is |
accompanied
by the issuance of a bond forfeiture warrant;
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(3) until expiration of any supervision, conditional |
discharge,
probation, periodic imprisonment, parole or |
mandatory supervised release and for an additional period |
of time thereafter not
exceeding 2 years; or
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(4) until the date set by the court for expiration of |
any sentence of
imprisonment and subsequent parole or |
mandatory supervised release
and for an additional period |
of time
thereafter not exceeding 2 years.
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(c) Computation of time. The duration of an order of |
protection shall
not be reduced by the duration of any prior |
order of protection.
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(d) Law enforcement records. When a plenary order of |
protection expires
upon the occurrence of a specified event, |
rather than upon a specified date
as provided in subsection |
(b), no expiration date shall be entered in
Department of State |
Police records. To remove the plenary order from
those records, |
either party shall request the clerk of the court to file a
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certified copy of an order stating that the specified event has |
occurred or
that the plenary order has been vacated or modified |
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with the sheriff, and the
sheriff shall direct that law |
enforcement records shall be promptly
corrected in accordance |
with the filed order.
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(e) Extension of Orders. Any emergency, interim or plenary |
order of
protection may be extended one or more times, as |
required, provided that
the requirements of Section 112A-17, |
112A-18 or 112A-19, as appropriate, are satisfied.
If the |
motion for extension is uncontested and petitioner seeks no
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modification of the order,
the order may be extended on the |
basis of petitioner's motion or
affidavit stating that there |
has been no material change in relevant
circumstances since |
entry of the order and stating the reason for the
requested |
extension. An extension of a plenary order of protection may be |
granted, upon good cause shown, to remain in effect until the |
order of protection is vacated or modified. Extensions may be |
granted only in
open court and not under the provisions of |
Section 112A-17(c), which
applies only when the court is |
unavailable at the close of business or on a
court holiday.
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(f) Termination date. Any order of protection which would |
expire on a
court holiday shall instead expire at the close of |
the next court business day.
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(g) Statement of purpose. The practice of dismissing or |
suspending a
criminal prosecution in exchange for issuing an |
order of protection
undermines the purposes of this Article. |
This Section shall not be
construed as encouraging that |
practice.
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(Source: P.A. 87-1186.)
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Section 10. The Illinois Domestic Violence Act of 1986 is |
amended by changing Section 220 as follows:
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(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
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Sec. 220. Duration and extension of orders.
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(a) Duration of emergency and interim orders. Unless |
re-opened or
extended or voided by entry of an order of greater |
duration:
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(1) Emergency orders issued under Section 217 shall be |
effective for
not less than 14 nor more than 21 days;
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(2) Interim orders shall be effective for up to 30 |
days.
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(b) Duration of plenary orders. Except as otherwise |
provided in this
Section, a plenary order of protection shall |
be valid for a fixed period of
time, not to exceed two years.
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(1) A plenary order of protection entered in |
conjunction with another
civil
proceeding shall remain in |
effect as follows:
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(i) if entered as preliminary relief in that other |
proceeding, until
entry of final judgment in
that other |
proceeding;
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(ii) if incorporated into the final judgment in |
that other
proceeding, until the order of protection is |
vacated or modified; or
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(iii) if incorporated in an order for involuntary |
commitment, until
termination of both the involuntary |
commitment and any voluntary
commitment, or for a fixed |
period of time not exceeding 2 years.
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(2) A plenary order of protection entered in |
conjunction with a criminal
prosecution shall remain in |
effect as follows:
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(i) if entered during pre-trial release, until |
disposition, withdrawal,
or dismissal of the |
underlying charge;
if, however, the case is continued |
as an independent cause of action, the
order's duration |
may be for a fixed period of time not to exceed 2 |
years;
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(ii) if in effect in conjunction with a bond |
forfeiture warrant, until
final disposition or an |
additional period of time not
exceeding 2 years;
no |
order of protection, however, shall be terminated by a |
dismissal that
is accompanied by the issuance of a bond |
forfeiture warrant;
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(iii) until expiration of any supervision, |
conditional discharge,
probation, periodic |
imprisonment, parole or mandatory supervised release |
and for an additional period of time thereafter not
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exceeding 2 years; or
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(iv) until the date set by the court for expiration |
of any sentence of
imprisonment and subsequent parole |
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or mandatory supervised release
and for an additional |
period of time thereafter
not exceeding 2 years.
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(c) Computation of time. The duration of an order of |
protection shall
not be reduced by the duration of any prior |
order of protection.
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(d) Law enforcement records. When a plenary order of |
protection expires
upon the occurrence of a specified event, |
rather than upon a specified date
as provided in subsection |
(b), no expiration date shall be entered in
Department of State |
Police records. To remove the plenary order from those
records, |
either party shall request the clerk of the court to file a
|
certified copy of an order stating that the specified event has |
occurred or
that the plenary order has been vacated or modified |
with the Sheriff, and the
Sheriff shall direct that law |
enforcement records shall be promptly
corrected in accordance |
with the filed order.
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(e) Extension of orders. Any emergency, interim or plenary |
order
may be extended one or more times, as required, provided |
that
the requirements of Section 217, 218 or 219, as |
appropriate, are satisfied.
If the motion for extension is |
uncontested and petitioner seeks no
modification of the order,
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the order may be extended on the basis of petitioner's motion |
or
affidavit stating that there has been no material change in |
relevant
circumstances since entry of the order and stating the |
reason for the
requested extension. An extension of a plenary |
order of protection may be granted, upon good cause shown, to |
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remain in effect until the order of protection is vacated or |
modified.
Extensions may be granted only in open court and not |
under the provisions
of subsection (c) of Section 217, which |
applies only when the court is
unavailable at the close of |
business or on a court holiday.
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(f) Termination date. Any order of protection which would |
expire on a
court holiday shall instead expire at the close of |
the next court business day.
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(g) Statement of purpose. The practice of dismissing or |
suspending a
criminal prosecution in exchange for the issuance |
of an order of protection
undermines the purposes of this Act. |
This Section shall not be construed
as encouraging that |
practice.
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(Source: P.A. 86-966; 87-1186.)
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