97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5684

 

Introduced 2/16/2012, by Rep. Carol A. Sente

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-20  from Ch. 38, par. 112A-20
750 ILCS 60/220  from Ch. 40, par. 2312-20

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a plenary order of protection shall be automatically extended by the court for an additional 2-year period from the time the order would have otherwise expired, upon a determination by the court by a preponderance of the evidence that the respondent has violated the order.


LRB097 16382 RLC 61544 b

 

 

A BILL FOR

 

HB5684LRB097 16382 RLC 61544 b

1    AN ACT concerning orders of protection.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-20 as follows:
 
6    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
7    Sec. 112A-20. Duration and extension of orders.
8    (a) Duration of emergency and interim orders. Unless
9re-opened or extended or voided by entry of an order of greater
10duration:
11        (1) Emergency orders issued under Section 112A-17
12    shall be effective for not less than 14 nor more than 21
13    days;
14        (2) Interim orders shall be effective for up to 30
15    days.
16    (b) Duration of plenary orders. Except as otherwise
17provided in this Section, a plenary order of protection shall
18be valid for a fixed period of time not to exceed 2 years. A
19plenary order of protection entered in conjunction with a
20criminal prosecution shall remain in effect as follows:
21        (1) if entered during pre-trial release, until
22    disposition, withdrawal, or dismissal of the underlying
23    charge; if, however, the case is continued as an

 

 

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1    independent cause of action, the order's duration may be
2    for a fixed period of time not to exceed 2 years;
3        (2) if in effect in conjunction with a bond forfeiture
4    warrant, until final disposition or an additional period of
5    time not exceeding 2 years; no order of protection,
6    however, shall be terminated by a dismissal that is
7    accompanied by the issuance of a bond forfeiture warrant;
8        (3) until expiration of any supervision, conditional
9    discharge, probation, periodic imprisonment, parole or
10    mandatory supervised release and for an additional period
11    of time thereafter not exceeding 2 years; or
12        (4) until the date set by the court for expiration of
13    any sentence of imprisonment and subsequent parole or
14    mandatory supervised release and for an additional period
15    of time thereafter not exceeding 2 years.
16    Notwithstanding any other provision of this subsection (b)
17to the contrary, a plenary order of protection shall be
18automatically extended by the court for an additional 2-year
19period from the time the order would have otherwise expired,
20upon a determination by the court by a preponderance of the
21evidence that the respondent has violated the order.
22    (c) Computation of time. The duration of an order of
23protection shall not be reduced by the duration of any prior
24order of protection.
25    (d) Law enforcement records. When a plenary order of
26protection expires upon the occurrence of a specified event,

 

 

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1rather than upon a specified date as provided in subsection
2(b), no expiration date shall be entered in Department of State
3Police records. To remove the plenary order from those records,
4either party shall request the clerk of the court to file a
5certified copy of an order stating that the specified event has
6occurred or that the plenary order has been vacated or modified
7with the sheriff, and the sheriff shall direct that law
8enforcement records shall be promptly corrected in accordance
9with the filed order.
10    (e) Extension of Orders. Any emergency, interim or plenary
11order of protection may be extended one or more times, as
12required, provided that the requirements of Section 112A-17,
13112A-18 or 112A-19, as appropriate, are satisfied. If the
14motion for extension is uncontested and petitioner seeks no
15modification of the order, the order may be extended on the
16basis of petitioner's motion or affidavit stating that there
17has been no material change in relevant circumstances since
18entry of the order and stating the reason for the requested
19extension. An extension of a plenary order of protection may be
20granted, upon good cause shown, to remain in effect until the
21order of protection is vacated or modified. Extensions may be
22granted only in open court and not under the provisions of
23Section 112A-17(c), which applies only when the court is
24unavailable at the close of business or on a court holiday.
25    (f) Termination date. Any order of protection which would
26expire on a court holiday shall instead expire at the close of

 

 

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1the next court business day.
2    (g) Statement of purpose. The practice of dismissing or
3suspending a criminal prosecution in exchange for issuing an
4order of protection undermines the purposes of this Article.
5This Section shall not be construed as encouraging that
6practice.
7(Source: P.A. 95-886, eff. 1-1-09.)
 
8    Section 10. The Illinois Domestic Violence Act of 1986 is
9amended by changing Section 220 as follows:
 
10    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
11    Sec. 220. Duration and extension of orders.
12    (a) Duration of emergency and interim orders. Unless
13re-opened or extended or voided by entry of an order of greater
14duration:
15        (1) Emergency orders issued under Section 217 shall be
16    effective for not less than 14 nor more than 21 days;
17        (2) Interim orders shall be effective for up to 30
18    days.
19    (b) Duration of plenary orders. Except as otherwise
20provided in this Section, a plenary order of protection shall
21be valid for a fixed period of time, not to exceed two years.
22        (1) A plenary order of protection entered in
23    conjunction with another civil proceeding shall remain in
24    effect as follows:

 

 

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1            (i) if entered as preliminary relief in that other
2        proceeding, until entry of final judgment in that other
3        proceeding;
4            (ii) if incorporated into the final judgment in
5        that other proceeding, until the order of protection is
6        vacated or modified; or
7            (iii) if incorporated in an order for involuntary
8        commitment, until termination of both the involuntary
9        commitment and any voluntary commitment, or for a fixed
10        period of time not exceeding 2 years.
11        (2) A plenary order of protection entered in
12    conjunction with a criminal prosecution shall remain in
13    effect as follows:
14            (i) if entered during pre-trial release, until
15        disposition, withdrawal, or dismissal of the
16        underlying charge; if, however, the case is continued
17        as an independent cause of action, the order's duration
18        may be for a fixed period of time not to exceed 2
19        years;
20            (ii) if in effect in conjunction with a bond
21        forfeiture warrant, until final disposition or an
22        additional period of time not exceeding 2 years; no
23        order of protection, however, shall be terminated by a
24        dismissal that is accompanied by the issuance of a bond
25        forfeiture warrant;
26            (iii) until expiration of any supervision,

 

 

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1        conditional discharge, probation, periodic
2        imprisonment, parole or mandatory supervised release
3        and for an additional period of time thereafter not
4        exceeding 2 years; or
5            (iv) until the date set by the court for expiration
6        of any sentence of imprisonment and subsequent parole
7        or mandatory supervised release and for an additional
8        period of time thereafter not exceeding 2 years.
9    Notwithstanding any other provision of this subsection (b)
10to the contrary, a plenary order of protection shall be
11automatically extended by the court for an additional 2-year
12period from the time the order would have otherwise expired,
13upon a determination by the court by a preponderance of the
14evidence that the respondent has violated the order.
15    (c) Computation of time. The duration of an order of
16protection shall not be reduced by the duration of any prior
17order of protection.
18    (d) Law enforcement records. When a plenary order of
19protection expires upon the occurrence of a specified event,
20rather than upon a specified date as provided in subsection
21(b), no expiration date shall be entered in Department of State
22Police records. To remove the plenary order from those records,
23either party shall request the clerk of the court to file a
24certified copy of an order stating that the specified event has
25occurred or that the plenary order has been vacated or modified
26with the Sheriff, and the Sheriff shall direct that law

 

 

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1enforcement records shall be promptly corrected in accordance
2with the filed order.
3    (e) Extension of orders. Any emergency, interim or plenary
4order may be extended one or more times, as required, provided
5that the requirements of Section 217, 218 or 219, as
6appropriate, are satisfied. If the motion for extension is
7uncontested and petitioner seeks no modification of the order,
8the order may be extended on the basis of petitioner's motion
9or affidavit stating that there has been no material change in
10relevant circumstances since entry of the order and stating the
11reason for the requested extension. An extension of a plenary
12order of protection may be granted, upon good cause shown, to
13remain in effect until the order of protection is vacated or
14modified. Extensions may be granted only in open court and not
15under the provisions of subsection (c) of Section 217, which
16applies only when the court is unavailable at the close of
17business or on a court holiday.
18    (f) Termination date. Any order of protection which would
19expire on a court holiday shall instead expire at the close of
20the next court business day.
21    (g) Statement of purpose. The practice of dismissing or
22suspending a criminal prosecution in exchange for the issuance
23of an order of protection undermines the purposes of this Act.
24This Section shall not be construed as encouraging that
25practice.
26(Source: P.A. 95-886, eff. 1-1-09.)