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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/112A-22.3

    (725 ILCS 5/112A-22.3)
    Sec. 112A-22.3. Withdrawal or dismissal of charges or petition.
    (a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at the request of the petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued protective order.
    (b) Withdrawal or dismissal of any petition for a protective order shall operate as a dismissal without prejudice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-22.5

    (725 ILCS 5/112A-22.5)
    Sec. 112A-22.5. (Repealed).
(Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-22.10

    (725 ILCS 5/112A-22.10)
    Sec. 112A-22.10. (Repealed).
(Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-23

    (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of protective orders.
    (a) When violation is crime. A violation of any protective order, whether issued in a civil, quasi-criminal proceeding, shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of
    
a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        
(3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,
            (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 or the Criminal Code of 2012.
        Prosecution for a violation of a domestic violence
    
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 domestic violence order of protection; or
        (2) The respondent commits the crime of child
    
abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (5), (6), or
        
(8) of subsection (b) of Section 112A-14 of this Code, 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 domestic violence order of protection, which is authorized under the laws of another state, tribe or United States territory.
        (3) The respondent commits the crime of violation of
    
a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order 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 civil no contact order.
        (4) The respondent commits the crime of violation of
    
a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order 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 stalking no contact order.
    (b) When violation is contempt of court. A violation of any valid protective order, 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 protective order 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 protective order issued in another state. Illinois courts may enforce protective orders 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 a protective order shall be treated as an expedited proceeding.
    (c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies described in paragraphs (5), (6), (8), or (9) of subsection (b) of Section 112A-14 of this Code may be enforced by any remedy provided by Section 607.5 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 of this Code in the manner provided for under Parts V and VII of the Illinois Marriage and Dissolution of Marriage Act.
    (d) Actual knowledge. A protective order 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) (Blank).
        (2) (Blank).
        (3) By service of a protective order under subsection
    
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
        (4) By other means demonstrating actual knowledge of
    
the contents of the order.
    (e) The enforcement of a protective order 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 of this Code.
        (2) Any finding or order entered in a conjoined
    
criminal proceeding.
    (f) Circumstances. The court, when determining whether or not a violation of a protective order 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 (g), 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 (g).
        (3) To the extent permitted by law, the court is
    
encouraged to:
            (i) increase the penalty for the knowing
        
violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order 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 protective order; and
            (iii) impose a minimum penalty of 48 hours
        
imprisonment for respondent's second or subsequent violation of a protective order
    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 a protective order, a criminal court may consider evidence of any violations of a protective order:
            (i) to increase, revoke, or modify the bail bond
        
on an underlying criminal charge pursuant to Section 110-6 of this Code;
            (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. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-24

    (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
    Sec. 112A-24. Modification, re-opening, and extension of orders.
    (a) Except as otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court may modify a protective order:
        (1) If respondent has abused petitioner since the
    
hearing for that order, by adding or altering one or more remedies, as authorized by Section 112A-14, 112A-14.5, or 112A-14.7 of this Code; and
        (2) Otherwise, by adding any remedy authorized by
    
Section 112A-14, 112A-14.5, or 112A-14.7 which was:
            (i) reserved in that protective order;
            (ii) not requested for inclusion in that
        
protective order; or
            (iii) denied on procedural grounds, but not on
        
the merits.
    (a-5) A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order. The motion shall be served in accordance with Supreme Court Rules 11 and 12.
    (b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any prior domestic violence order of protection's remedy for custody, visitation or payment of support in accordance with the relevant provisions of the Illinois Marriage and Dissolution of Marriage Act.
    (c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the applicable law or facts since that final order was entered warrant a modification of its terms.
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-25

    (725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
    Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of any person 60 years of age or older or to do any of the following in complying with the provisions of this Article shall not be subject to criminal prosecution or civil liability as a result of such action: providing any information to the appropriate law enforcement agency, providing that the giving of any information does not violate any privilege of confidentiality under law; assisting in any investigation; assisting in the preparation of any materials for distribution under this Article; or by providing services ordered under a protective order.
(Source: P.A. 100-199, eff. 1-1-18.)

725 ILCS 5/112A-26

    (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
    Sec. 112A-26. Arrest without warrant.
    (a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limited to violation of a domestic violence order of protection, under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, violation of a civil no contact order, under Section 11-1.75 of the Criminal Code of 2012, or violation of a stalking no contact order, under Section 12-7.5A of the Criminal Code of 2012, even if the crime was not committed in the presence of the officer.
    (b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement agency or by referring to the copy of the order provided by petitioner or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-27

    (725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
    Sec. 112A-27. Law enforcement policies.
    (a) Every law enforcement agency shall develop, adopt, and implement written policies regarding arrest procedures for domestic violence incidents consistent with the provisions of this Article. In developing these policies, each law enforcement agency shall consult with community organizations and other law enforcement agencies with expertise in recognizing and handling domestic violence incidents.
    (b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects.
    The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17.)

725 ILCS 5/112A-28

    (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
    Sec. 112A-28. Data maintenance by law enforcement agencies.
    (a) All sheriffs shall furnish to the Department of State Police, daily, in the form and detail the Department requires, copies of any recorded protective orders issued by the court, and any foreign protective orders filed by the clerk of the court, and transmitted to the sheriff by the clerk of the court. Each protective order shall be entered in the Law Enforcement Agencies Data System on the same day it is issued by the court.
    (b) The Department of State Police shall maintain a complete and systematic record and index of all valid and recorded protective orders issued or filed under this Act. The data shall be used to inform all dispatchers and law enforcement officers at the scene of an alleged incident of abuse or violation of a protective order of any recorded prior incident of abuse involving the abused party and the effective dates and terms of any recorded protective order.
    (c) The data, records and transmittals required under this Section shall pertain to:
        (1) any valid emergency, interim or plenary domestic
    
violence order of protection, civil no contact or stalking no contact order issued in a civil proceeding; and
        (2) any valid ex parte or final protective order
    
issued in a criminal proceeding or authorized under the laws of another state, tribe, or United States territory.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

725 ILCS 5/112A-29

    (725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
    Sec. 112A-29. Reports by law enforcement officers.
    (a) Every law enforcement officer investigating an alleged incident of abuse between family or household members shall make a written police report of any bona fide allegation and the disposition of such investigation. The police report shall include the victim's statements as to the frequency and severity of prior incidents of abuse by the same family or household member and the number of prior calls for police assistance to prevent such further abuse.
    (b) Every police report completed pursuant to this Section shall be recorded and compiled as a domestic crime within the meaning of Section 5.1 of the Criminal Identification Act.
(Source: P.A. 87-1186.)