Public Act 90-0241 of the 90th General Assembly
Public Act 90-0241
HB2122 Enrolled LRB9001179RCccA
AN ACT in relation to orders of protection, amending
named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Domestic Violence Abuser Services Fund.
Section 10. The Criminal Code of 1961 is amended by
changing Section 12-30 as follows:
(720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
Sec. 12-30. Violation of an order of protection.
(a) A person commits violation of an order of protection
if he or she:
(1) Commits an act which was prohibited by a court
or fails to commit an act which was ordered by a court in
violation of a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), or (14) of
subsection (b) of Section 214 of the Illinois Domestic
Violence Act of 1986, or any other remedy when the act
constitutes a crime against the protected parties as the
term protected parties is defined in Section 112A-4 of
the Code of Criminal Procedure of 1963.
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant
to the Illinois Domestic Violence Act, or otherwise has
acquired actual knowledge of the contents of the order.
(b) For purposes of this Section, an "order of
protection" may have been issued by any circuit or associate
judge in the State of Illinois in a criminal or civil
proceeding.
(c) Nothing in this Section shall be construed to
diminish the inherent authority of the courts to enforce
their lawful orders through civil or criminal contempt
proceedings.
(d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. A second or
subsequent offense is a Class 4 felony. The court shall
impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an
increased penalty or such period of imprisonment would be
manifestly unjust. In addition to any other penalties, the
court may order the defendant to pay a fine as authorized
under Section 5-9-1 of the Unified Code of Corrections or to
make restitution to the victim under Section 5-5-6 of the
Unified Code of Corrections. In addition to any other
penalties, including those imposed by Section 5-9-1.5 of the
Unified Code of Corrections, 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 this Section.
The additional fine shall be imposed for each violation of
this Section.
(Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.)
Section 15. The Unified Code of Corrections is amended
by adding Section 5-9-1.11 as follows:
(730 ILCS 5/5-9-1.11 new)
Sec. 5-9-1.11. Violation of an order of protection; Fund.
(a) In addition to any other penalty imposed, a fine of
$20 shall be imposed upon any person who is convicted of or
placed on supervision for violation of an order of
protection; provided that the offender and victim are family
or household members as defined in Section 103 of the
Illinois Domestic Violence Act of 1986.
The additional amount shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, and costs in the case. Each
such additional penalty shall be remitted by the Circuit
Clerk within one month after receipt to the State Treasurer
for deposit into the Domestic Violence Abuser Services Fund.
The Circuit Clerk shall retain 10% of the penalty to cover
the costs incurred in administering and enforcing this
Section. The additional penalty shall not be considered a
part of the fine for purposes of any reduction in the fine
for time served either before or after sentencing.
The State Treasurer shall deposit into the Domestic
Violence Abuser Services Fund each fine received from circuit
clerks under Section 5-9-1.5 of the Unified Code of
Corrections.
Upon request of the victim or the victim's
representative, the court shall determine whether the fine
will impose an undue burden on the victim of the offense. For
purposes of this paragraph, the defendant may not be
considered the victim's representative. If the court finds
that the fine would impose an undue burden on the victim, the
court may reduce or waive the fine. The court shall order
that the defendant may not use funds belonging solely to the
victim of the offense for payment of the fine.
Not later than March 1 of each year the Clerk of the
Circuit Court shall submit to the State Comptroller a report
of the amount of funds remitted by her or him to the State
Treasurer under this Section during the preceding calendar
year. Except as otherwise provided by Supreme Court Rules, if
a court in sentencing an offender levies a gross amount for
fine, costs, fees and penalties, the amount of the additional
penalty provided for in this Section shall be collected from
the amount remaining after deducting from the gross amount
levied all fees of the Circuit Clerk, the State's Attorney,
and the Sheriff. After deducting from the gross amount levied
the fees and additional penalty provided for in this Section,
less any other additional penalties provided by law, the
clerk shall remit the net balance remaining to the entity
authorized by law to receive the fine imposed in the case.
For purposes of this Section "Fees of the Circuit Clerk"
shall include, if applicable, the fee provided for under
Section 27.3a of the Clerks of Courts Act and the fee, if
applicable, payable to the county in which the violation
occurred under Section 5-1101 of the Counties Code.
(b) Domestic Violence Abuser Services Fund;
administration. There is created a Domestic Violence Abuser
Services Fund in the State Treasury. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Human Services for the purpose of providing
services specified by this Section. Upon appropriation of
moneys from the Domestic Violence Abuser Services Fund, the
Department of Human Services shall set aside 10% of all
appropriated funds for the purposes of program training,
development and assessment. The Department shall make grants
of all remaining moneys from the Fund to qualified domestic
violence abuser services programs through a competitive
application process. A "qualified domestic violence abuser
services program" is one which the Department determines is
in compliance with protocols for abuser services promulgated
by the Department. To the extent possible the Department
shall ensure that moneys received from penalties imposed by
courts in judicial districts are returned to qualified abuser
services programs serving those districts.
Section 20. 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,
may be enforced by a criminal court when:
(1) The respondent commits the crime of violation
of order of protection pursuant to Section 12-30 of the
Criminal Code of 1961, by having knowingly violated
remedies described in paragraphs (1), (2), (3), or (14)
of subsection (b) of Section 214 of this Act 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 remedies described
in paragraphs (5), (6) or (8) of subsection (b) of
Section 214 of this Act.
(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. 86-1300; 87-743; 87-1186.)
Section 99. Effective date. This Act takes effect on
January 1, 1998.