Public Act 90-0732 of the 90th General Assembly
Public Act 90-0732
HB3162 Enrolled LRB9010776RCks
AN ACT in relation to orders of protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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) He or she commits an act which was prohibited
by a court or fails to commit an act which was ordered by
a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), or (14),
or (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986,
(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) 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;
and.
(2) Such violation occurs after the offender has
been served notice of the contents of the order, pursuant
to the Illinois Domestic Violence Act of 1986 or any
substantially similar statute of another state, tribe or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence
shall be deemed valid if the issuing court had jurisdiction
over the parties and matter under the law of the state, tribe
or territory. There shall be a presumption of validity where
an order is certified and appears authentic on its face.
(a-5) Failure to provide reasonable notice and
opportunity to be heard shall be an affirmative defense to
any charge or process filed seeking enforcement of a foreign
order of protection.
(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.
(e) The limitations placed on law enforcement liability
by Section 305 of the Illinois Domestic Violence Act of 1986
apply to actions taken under this Section.
(Source: P.A. 90-241, eff. 1-1-98.)
Section 10. 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, 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), or (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 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 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. 86-1300; 87-743; 87-1186.)
Section 99. Effective date. This Act takes effect upon
becoming law.