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91_HB2381eng HB2381 Engrossed LRB9104881RCks 1 AN ACT to amend the Code of Criminal Procedure of 1963 by 2 changing Section 112A-23. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Code of Criminal Procedure of 1963 is 6 amended by changing Section 112A-23 as follows: 7 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) 8 Sec. 112A-23. Enforcement of orders of protection. 9 (a) When violation is crime. A violation of any order of 10 protection, whether issued in a civil, quasi-criminal 11 proceeding, mustmaybe enforced by a criminal court when: 12 (1) The respondent commits the crime of violation 13 of an order of protection pursuant to Section 12-30 of 14 the Criminal Code of 1961, by having knowingly violated: 15 (i) remedies described in paragraphs (1), (2), 16 (3), (14), or (14.5) of subsection (b) of Section 17 112A-14, 18 (ii) a remedy, which is substantially similar 19 to the remedies authorized under paragraphs (1), 20 (2), (3), (14) or (14.5) of subsection (b) of 21 Section 214 of the Illinois Domestic Violence Act of 22 1986, in a valid order of protection, which is 23 authorized under the laws of another state, tribe or 24 United States territory, 25 (iii) or any other remedy when the act 26 constitutes a crime against the protected parties as 27 defined by the Criminal Code of 1961. 28 Prosecution for a violation of an order of protection 29 shall not bar concurrent prosecution for any other crime, 30 including any crime that may have been committed at the time 31 of the violation of the order of protection; or HB2381 Engrossed -2- LRB9104881RCks 1 (2) The respondent commits the crime of child 2 abduction pursuant to Section 10-5 of the Criminal Code 3 of 1961, by having knowingly violated: 4 (i) remedies described in paragraphs (5), (6) 5 or (8) of subsection (b) of Section 112A-14, or 6 (ii) a remedy, which is substantially similar 7 to the remedies authorized under paragraphs (1), 8 (5), (6), or (8) of subsection (b) of Section 214 of 9 the Illinois Domestic Violence Act of 1986, in a 10 valid order of protection, which is authorized under 11 the laws of another state, tribe or United States 12 territory. 13 (b) When violation is contempt of court. A violation of 14 any valid order of protection, whether issued in a civil or 15 criminal proceeding, may be enforced through civil or 16 criminal contempt procedures, as appropriate, by any court 17 with jurisdiction, regardless where the act or acts which 18 violated the order of protection were committed, to the 19 extent consistent with the venue provisions of this Article. 20 Nothing in this Article shall preclude any Illinois court 21 from enforcing any valid order of protection issued in 22 another state. Illinois courts may enforce orders of 23 protection through both criminal prosecution and contempt 24 proceedings, unless the action which is second in time is 25 barred by collateral estoppel or the constitutional 26 prohibition against double jeopardy. 27 (1) In a contempt proceeding where the petition for 28 a rule to show cause sets forth facts evidencing an 29 immediate danger that the respondent will flee the 30 jurisdiction, conceal a child, or inflict physical abuse 31 on the petitioner or minor children or on dependent 32 adults in petitioner's care, the court may order the 33 attachment of the respondent without prior service of the 34 rule to show cause or the petition for a rule to show HB2381 Engrossed -3- LRB9104881RCks 1 cause. Bond shall be set unless specifically denied in 2 writing. 3 (2) A petition for a rule to show cause for 4 violation of an order of protection shall be treated as 5 an expedited proceeding. 6 (c) Violation of custody or support orders. A violation 7 of remedies described in paragraphs (5), (6), (8), or (9) of 8 subsection (b) of Section 112A-14 may be enforced by any 9 remedy provided by Section 611 of the Illinois Marriage and 10 Dissolution of Marriage Act. The court may enforce any order 11 for support issued under paragraph (12) of subsection (b) of 12 Section 112A-14 in the manner provided for under Articles V 13 and VII of the Illinois Marriage and Dissolution of Marriage 14 Act. 15 (d) Actual knowledge. An order of protection may be 16 enforced pursuant to this Section if the respondent violates 17 the order after respondent has actual knowledge of its 18 contents as shown through one of the following means: 19 (1) By service, delivery, or notice under Section 20 112A-10. 21 (2) By notice under Section 112A-11. 22 (3) By service of an order of protection under 23 Section 112A-22. 24 (4) By other means demonstrating actual knowledge 25 of the contents of the order. 26 (e) The enforcement of an order of protection in civil 27 or criminal court shall not be affected by either of the 28 following: 29 (1) The existence of a separate, correlative order 30 entered under Section 112A-15. 31 (2) Any finding or order entered in a conjoined 32 criminal proceeding. 33 (f) Circumstances. The court, when determining whether 34 or not a violation of an order of protection has occurred, HB2381 Engrossed -4- LRB9104881RCks 1 shall not require physical manifestations of abuse on the 2 person of the victim. 3 (g) Penalties. 4 (1) Except as provided in paragraph (3) of this 5 subsection, where the court finds the commission of a 6 crime or contempt of court under subsections (a) or (b) 7 of this Section, the penalty shall be the penalty that 8 generally applies in such criminal or contempt 9 proceedings, and may include one or more of the 10 following: incarceration, payment of restitution, a fine, 11 payment of attorneys' fees and costs, or community 12 service. 13 (2) The court shall hear and take into account 14 evidence of any factors in aggravation or mitigation 15 before deciding an appropriate penalty under paragraph 16 (1) of this subsection. 17 (3) To the extent permitted by law, the court is 18 encouraged to: 19 (i) increase the penalty for the knowing 20 violation of any order of protection over any 21 penalty previously imposed by any court for 22 respondent's violation of any order of protection or 23 penal statute involving petitioner as victim and 24 respondent as defendant; 25 (ii) impose a minimum penalty of 24 hours 26 imprisonment for respondent's first violation of any 27 order of protection; and 28 (iii) impose a minimum penalty of 48 hours 29 imprisonment for respondent's second or subsequent 30 violation of an order of protection 31 unless the court explicitly finds that an increased 32 penalty or that period of imprisonment would be 33 manifestly unjust. 34 (4) In addition to any other penalties imposed for HB2381 Engrossed -5- LRB9104881RCks 1 a violation of an order of protection, a criminal court 2 may consider evidence of any violations of an order of 3 protection: 4 (i) to increase, revoke or modify the bail 5 bond on an underlying criminal charge pursuant to 6 Section 110-6; 7 (ii) to revoke or modify an order of 8 probation, conditional discharge or supervision, 9 pursuant to Section 5-6-4 of the Unified Code of 10 Corrections; 11 (iii) to revoke or modify a sentence of 12 periodic imprisonment, pursuant to Section 5-7-2 of 13 the Unified Code of Corrections. 14 (Source: P.A. 90-732, eff. 8-11-98.)