State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0903

SB1655 Enrolled                                LRB9109196DJcd

    AN ACT concerning 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 Code of Criminal  Procedure  of  1963  is
amended  by  changing  Sections 110-10 and 112A-28 and adding
Section 112A-22.5 as follows:

    (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
    Sec. 110-10.  Conditions of bail bond.
    (a)  If a person is released prior to conviction,  either
upon   payment  of  bail  security  or  on  his  or  her  own
recognizance, the conditions of the bail bond shall  be  that
he or she will:
         (1)  Appear to answer the charge in the court having
    jurisdiction  on  a day certain and thereafter as ordered
    by the court until  discharged  or  final  order  of  the
    court;
         (2)  Submit  himself  or  herself  to the orders and
    process of the court;
         (3)  Not depart this  State  without  leave  of  the
    court;
         (4)  Not   violate   any  criminal  statute  of  any
    jurisdiction;
         (5)  At a time and place designated  by  the  court,
    surrender  all firearms in his or her possession to a law
    enforcement officer  designated  by  the  court  to  take
    custody  of and impound the firearms when the offense the
    person has  been  charged  with  is  a  forcible  felony,
    stalking,  aggravated  stalking,  domestic  battery,  any
    violation  of  either  the Illinois Controlled Substances
    Act or the Cannabis Control Act that is classified  as  a
    Class  2  or  greater  felony, or any felony violation of
    Article 24 of the Criminal Code of 1961; the  court  may,
    however,  forgo  forego  the imposition of this condition
    when the circumstances of the case clearly do not warrant
    it or when  its  imposition  would  be  impractical;  all
    legally  possessed  firearms  shall  be  returned  to the
    person upon that  person  completing  a  sentence  for  a
    conviction  on  a  misdemeanor domestic battery, upon the
    charges being dismissed, or if the person  is  found  not
    guilty,  unless the finding of not guilty is by reason of
    insanity; and
         (6)  At a time and place designated  by  the  court,
    submit  to a psychological evaluation when the person has
    been charged with a violation of item (4)  of  subsection
    (a) of Section 24-1 of the Criminal Code of 1961 and that
    violation  occurred  in  a  school  or  in any conveyance
    owned, leased, or contracted by  a  school  to  transport
    students  to or from school or a school-related activity,
    or on any public way within 1,000 feet of  real  property
    comprising any school.
    Psychological   evaluations   ordered  pursuant  to  this
Section shall be completed promptly and made available to the
State, the defendant, and the court.  As a further  condition
of  bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property  of  the
school, including any conveyance owned, leased, or contracted
by  a  school  to  transport  students to or from school or a
school-related activity, or on any public  way  within  1,000
feet of real property comprising any school.  Upon receipt of
the   psychological  evaluation,  either  the  State  or  the
defendant may request a change in  the  conditions  of  bail,
pursuant to Section 110-6 of this Code.  The court may change
the  conditions  of  bail  to  include a requirement that the
defendant follow the  recommendations  of  the  psychological
evaluation,  including undergoing psychiatric treatment.  The
conclusions  of  the   psychological   evaluation   and   any
statements   elicited   from   the   defendant   during   its
administration are not admissible as evidence of guilt during
the  course  of  any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
    (b)  The court may impose other conditions, such  as  the
following,  if  the  court  finds  that  such  conditions are
reasonably necessary to assure the defendant's appearance  in
court,  protect the public from the defendant, or prevent the
defendant's   unlawful   interference   with   the    orderly
administration of justice:
         (1)  Report  to  or  appear  in  person  before such
    person or agency as the court may direct;
         (2)  Refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (3)  Refrain  from approaching or communicating with
    particular persons or classes of persons;
         (4)  Refrain  from  going   to   certain   described
    geographical areas or premises;
         (5)  Refrain  from engaging in certain activities or
    indulging in intoxicating liquors or in certain drugs;
         (6)  Undergo  treatment  for   drug   addiction   or
    alcoholism;
         (7)  Undergo medical or psychiatric treatment;
         (8)  Work  or pursue a course of study or vocational
    training;
         (9)  Attend or reside in a  facility  designated  by
    the court;
         (10)  Support his or her dependents;
         (11)  If  a minor resides with his or her parents or
    in a foster home, attend school, attend a non-residential
    program for youths, and contribute  to  his  or  her  own
    support at home or in a foster home;
         (12)  Observe any curfew ordered by the court;
         (13)  Remain  in  the  custody  of  such  designated
    person or organization agreeing to supervise his release.
    Such  third  party  custodian  shall  be  responsible for
    notifying the court if the defendant fails to observe the
    conditions of release which the custodian has  agreed  to
    monitor,  and  shall  be subject to contempt of court for
    failure so to notify the court;
         (14)  Be placed  under  direct  supervision  of  the
    Pretrial  Services  Agency, Probation Department or Court
    Services Department in a pretrial bond  home  supervision
    capacity   with   or  without  the  use  of  an  approved
    electronic monitoring device subject  to  Article  8A  of
    Chapter V of the Unified Code of Corrections; or
         (14.1)  The  court shall impose upon a defendant who
    is charged  with  any  alcohol,  cannabis  or  controlled
    substance   violation   and   is   placed   under  direct
    supervision of the Pretrial  Services  Agency,  Probation
    Department  or  Court  Services  Department in a pretrial
    bond  home  supervision  capacity  with  the  use  of  an
    approved monitoring device, as a condition of  such  bail
    bond,  a  fee  that  represents  costs  incidental to the
    electronic  monitoring  for  each  day   of   such   bail
    supervision   ordered   by   the   court,   unless  after
    determining the inability of the  defendant  to  pay  the
    fee,  the  court  assesses  a lesser fee or no fee as the
    case may be.  The fee shall be collected by the clerk  of
    the  circuit court.  The clerk of the circuit court shall
    pay all monies collected from  this  fee  to  the  county
    treasurer  for  deposit  in  the substance abuse services
    fund under Section 5-1086.1 of the Counties Code;
         (14.2)  The court shall impose upon all  defendants,
    including  those  defendants  subject to paragraph (14.1)
    above, placed under direct supervision  of  the  Pretrial
    Services  Agency,  Probation Department or Court Services
    Department in a pretrial bond home  supervision  capacity
    with  the  use  of  an  approved  monitoring device, as a
    condition of such bail bond, a fee which shall  represent
    costs  incidental  to such electronic monitoring for each
    day of such bail supervision ordered by the court, unless
    after determining the inability of the defendant  to  pay
    the fee, the court assesses a lesser fee or no fee as the
    case  may be.  The fee shall be collected by the clerk of
    the circuit court.  The clerk of the circuit court  shall
    pay  all  monies  collected  from  this fee to the county
    treasurer who shall use the monies  collected  to  defray
    the  costs  of  corrections.   The county treasurer shall
    deposit the fee collected in the county working cash fund
    under Section 6-27001 or Section  6-29002 of the Counties
    Code, as the case may be;
         (15)  Comply with the terms  and  conditions  of  an
    order  of  protection  issued  by  the  court  under  the
    Illinois  Domestic  Violence  Act  of 1986 or an order of
    protection issued by the court of another  state,  tribe,
    or United States territory;
         (16)  Under   Section   110-6.5   comply   with  the
    conditions of the drug testing program; and
         (17)  Such other reasonable conditions as the  court
    may impose.
    (c)  When  a  person  is  charged  with  an offense under
Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
"Criminal  Code  of  1961", involving a victim who is a minor
under 18 years of age living in the same household  with  the
defendant  at  the  time  of the offense, in granting bail or
releasing the defendant on his own  recognizance,  the  judge
shall impose conditions to restrict the defendant's access to
the  victim  which  may  include,  but  are  not  limited  to
conditions that he will:
         1.  Vacate the Household.
         2.  Make   payment   of  temporary  support  to  his
    dependents.
         3.  Refrain from contact or communication  with  the
    child victim, except as ordered by the court.
    (d)  When a person is charged with a criminal offense and
the  victim  is  a  family  or household member as defined in
Article 112A, conditions shall be imposed at the time of  the
defendant's  release  on  bond  that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the  restrictions  shall  include   requirements   that   the
defendant do the following:
         (1)  refrain  from contact or communication with the
    victim for a minimum period of  72  hours  following  the
    defendant's release; and
         (2)  refrain  from  entering  or  remaining  at  the
    victim's  residence  for  a  minimum  period  of 72 hours
    following the defendant's release.
    (e)  Local  law  enforcement   agencies   shall   develop
standardized  bond forms for use in cases involving family or
household members  as  defined  in  Article  112A,  including
specific  conditions  of  bond as provided in subsection (d).
Failure of any law enforcement department to develop  or  use
those  forms  shall  in  no  way  limit the applicability and
enforcement of subsections (d) and (f).
    (f)  If  the  defendant  is  admitted   to   bail   after
conviction  the  conditions of the bail bond shall be that he
will, in addition to the conditions set forth in  subsections
(a) and (b) hereof:
         (1)  Duly prosecute his appeal;
         (2)  Appear  at such time and place as the court may
    direct;
         (3)  Not depart this  State  without  leave  of  the
    court;
         (4)  Comply with such other reasonable conditions as
    the court may impose; and,
         (5)  If  the  judgment  is  affirmed  or  the  cause
    reversed   and   remanded  for  a  new  trial,  forthwith
    surrender to  the  officer  from  whose  custody  he  was
    bailed.
(Source: P.A.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
91-312, eff. 1-1-00; revised 10-15-99.)

    (725 ILCS 5/112A-22.5 new)
    Sec. 112A-22.5.  Filing of an order of protection  issued
in another state.
    (a)  A  person  entitled  to protection under an order of
protection issued by the court of another  state,  tribe,  or
United  States  territory  may  file  a certified copy of the
order of protection with the clerk of the court in a judicial
circuit in which the person believes that enforcement may  be
necessary.
    (b)  The clerk shall:
         (1)  treat  the  foreign  order of protection in the
    same manner as a judgment of the circuit  court  for  any
    county of this State in accordance with the provisions of
    the  Uniform Enforcement of Foreign Judgments Act, except
    that the clerk shall not mail notice of the filing of the
    foreign order to the respondent named in the order; and
         (2)  on  the  same  day  that  a  foreign  order  of
    protection is filed, file a certified copy of that  order
    with  the  sheriff  or  other  law  enforcement officials
    charged  with  maintaining  Department  of  State  Police
    records as set forth in Section 112A-22 of this Act.
    (c)  Neither residence in this  State  nor  filing  of  a
foreign order of protection shall be required for enforcement
of  the  order  by  this  State.  Failure to file the foreign
order shall not be an impediment  to  its  treatment  in  all
respects as an Illinois order of protection.
    (d)  The  clerk  shall not charge a fee to file a foreign
order of protection under this Section.
    (e)  The sheriff shall inform  the  Department  of  State
Police as set forth in Section 112A-28 of this Act.

    (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 orders of protection  issued
by  the  court, and any foreign orders of protection filed by
the clerk of the court, and transmitted to the sheriff by the
clerk of the court pursuant  to  subsection  (b)  of  Section
112A-22  of  this  Act.  Each  order  of  protection shall be
entered in the Law Enforcement Automated Data System  on  the
same  day it is issued by the court. If an emergency order of
protection was issued in accordance with  subsection  (c)  of
Section  112A-17,  the  order  shall  be  entered  in the Law
Enforcement Automated Data System as soon as  possible  after
receipt from the clerk.
    (b)  The  Department  of  State  Police  shall maintain a
complete and systematic record and index  of  all  valid  and
recorded  orders  of  protection  issued or filed pursuant to
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 an order of  protection  of
any  recorded  prior  incident  of abuse involving the abused
party and the effective dates and terms of any recorded order
of protection.
    (c)  The data, records and  transmittals  required  under
this Section shall pertain to any valid emergency, interim or
plenary  order  of  protection,  whether issued in a civil or
criminal proceeding or authorized under the laws  of  another
state, tribe, or United States territory.
(Source: P.A. 90-392, eff. 1-1-98.)

    Section   10.  The Unified Code of Corrections is amended
by changing Sections 3-3-7, 5-6-3, and 5-6-3.1 as follows:

    (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7.  Conditions of Parole or Mandatory Supervised
Release. (a) The conditions of parole or mandatory supervised
release shall be such as  the  Prisoner  Review  Board  deems
necessary  to  assist  the  subject  in leading a law-abiding
life. The conditions of every parole and mandatory supervised
release are that the subject:
    (1)  not violate any criminal statute of any jurisdiction
during the parole or release term; and
    (2)  refrain from possessing a firearm or other dangerous
weapon.
    (b)  The  Board  may  in  addition  to  other  conditions
require that the subject:
    (1)  work or pursue  a  course  of  study  or  vocational
training;
    (2)  undergo   medical   or   psychiatric  treatment,  or
treatment for drug addiction or alcoholism;
    (3)  attend or reside in a facility established  for  the
instruction or residence of persons on probation or parole;
    (4)  support his dependents;
    (5)  report to an agent of the Department of Corrections;
    (6)  permit  the  agent  to  visit  him  at  his  home or
elsewhere to the extent necessary to discharge his duties;
    (7)  comply with the terms and conditions of an order  of
protection  issued pursuant to the Illinois Domestic Violence
Act of 1986, enacted by the  84th  General  Assembly,  or  an
order  of  protection  issued  by the court of another state,
tribe, or United States  territory.
    (8)  and, in addition, if a minor:
    (i)  reside with his parents or in a foster home;
    (ii)  attend school;
    (iii)  attend a non-residential program for youth;
    (iv)  contribute to his own  support  at  home  or  in  a
foster home.
    (c)  The  conditions  under which the parole or mandatory
supervised release is to be served shall be  communicated  to
the person in writing prior to his release, and he shall sign
the  same  before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in  charge  of  his
supervision.
    (d)  After  a  hearing  under Section 3-3-9, the Prisoner
Review  Board may modify or enlarge the conditions of  parole
or mandatory supervised release.
    (e)  The  Department shall inform all offenders committed
to the Department of the optional services available to  them
upon  release and shall assist inmates in availing themselves
of such optional services upon their release on  a  voluntary
basis.
(Source: P.A. 84-1305.)

    (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
    Sec.  5-6-3.  Conditions  of Probation and of Conditional
Discharge.
    (a)  The  conditions  of  probation  and  of  conditional
discharge shall be that the person:
         (1)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (2)  report  to  or  appear  in  person  before such
    person or agency as directed by the court;
         (3)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (4)  not  leave the State without the consent of the
    court or, in circumstances in which the  reason  for  the
    absence is of such an emergency nature that prior consent
    by   the   court  is  not  possible,  without  the  prior
    notification  and  approval  of  the  person's  probation
    officer;
         (5)  permit the probation officer to  visit  him  at
    his   home  or  elsewhere  to  the  extent  necessary  to
    discharge his duties;
         (6)  perform no less  than  30  hours  of  community
    service and not more than 120 hours of community service,
    if community service is available in the jurisdiction and
    is  funded  and  approved  by  the county board where the
    offense was committed, where the offense was  related  to
    or  in  furtherance  of  the  criminal  activities  of an
    organized  gang  and  was  motivated  by  the  offender's
    membership in or allegiance to an  organized  gang.   The
    community  service  shall include, but not be limited to,
    the  cleanup  and  repair  of  any  damage  caused  by  a
    violation of Section 21-1.3 of the Criminal Code of  1961
    and   similar  damage  to  property  located  within  the
    municipality or county in which the  violation  occurred.
    When  possible  and  reasonable,  the  community  service
    should  be performed in the offender's neighborhood.  For
    purposes  of  this  Section,  "organized  gang"  has  the
    meaning ascribed to it in  Section  10  of  the  Illinois
    Streetgang Terrorism Omnibus Prevention Act;
         (7)  if  he  or  she is at least 17 years of age and
    has been sentenced to probation or conditional  discharge
    for  a  misdemeanor or felony in a county of 3,000,000 or
    more inhabitants and has not been previously convicted of
    a  misdemeanor  or  felony,  may  be  required   by   the
    sentencing  court  to attend educational courses designed
    to prepare the defendant for a high school diploma and to
    work toward a high  school  diploma  or  to  work  toward
    passing the high school level Test of General Educational
    Development   (GED)   or  to  work  toward  completing  a
    vocational training program approved by the  court.   The
    person  on probation or conditional discharge must attend
    a  public  institution  of  education   to   obtain   the
    educational  or  vocational  training  required  by  this
    clause  (7).   The  court  shall  revoke the probation or
    conditional discharge of a person who wilfully  fails  to
    comply  with this clause (7).  The person on probation or
    conditional discharge shall be required to  pay  for  the
    cost  of the educational courses or GED test, if a fee is
    charged for those  courses  or  test.   The  court  shall
    resentence  the  offender  whose probation or conditional
    discharge has been revoked as provided in Section  5-6-4.
    This clause (7) does not apply to a person who has a high
    school  diploma  or has successfully passed the GED test.
    This clause (7)  does  not  apply  to  a  person  who  is
    determined by the court to be developmentally disabled or
    otherwise    mentally   incapable   of   completing   the
    educational or vocational program; and
         (8)   if convicted  of  possession  of  a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled  Substances Act after a previous conviction or
    disposition of supervision for possession of a  substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled   Substances   Act  or  after  a  sentence  of
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois Controlled Substances Act and
    upon a finding by the court that the person is  addicted,
    undergo  treatment  at a substance abuse program approved
    by the court.
    (b)  The  Court  may  in  addition  to  other  reasonable
conditions relating to the  nature  of  the  offense  or  the
rehabilitation  of  the  defendant  as  determined  for  each
defendant  in the proper discretion of the Court require that
the person:
         (1)  serve a term  of  periodic  imprisonment  under
    Article  7  for  a period not to exceed that specified in
    paragraph (d) of Section 5-7-1;
         (2)  pay a fine and costs;
         (3)  work or pursue a course of study or  vocational
    training;
         (4)  undergo  medical,  psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend or reside in a facility established  for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home;
         (8)  make  restitution  as provided in Section 5-5-6
    of this Code;
         (9)  perform some  reasonable  public  or  community
    service;
         (10)  serve a term of home confinement.  In addition
    to   any  other  applicable  condition  of  probation  or
    conditional discharge, the conditions of home confinement
    shall be that the offender:
              (i)  remain within the interior premises of the
         place designated  for  his  confinement  during  the
         hours designated by the court;
              (ii)  admit  any  person or agent designated by
         the court into the offender's place  of  confinement
         at any time for purposes of verifying the offender's
         compliance  with  the conditions of his confinement;
         and
              (iii)  if further deemed necessary by the court
         or the Probation or Court  Services  Department,  be
         placed  on an approved electronic monitoring device,
         subject to Article 8A of Chapter V;
              (iv)  for persons  convicted  of  any  alcohol,
         cannabis  or  controlled substance violation who are
         placed  on  an  approved  monitoring  device  as   a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the  offender  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be. This fee shall be imposed in
         addition to the fees imposed under  subsections  (g)
         and  (i) of this Section. The fee shall be collected
         by the clerk of the circuit court.  The clerk of the
         circuit court shall pay all  monies  collected  from
         this  fee to the county treasurer for deposit in the
         substance abuse services fund under Section 5-1086.1
         of the Counties Code; and
              (v)  for persons convicted  of  offenses  other
         than  those  referenced in clause (iv) above and who
         are placed on an approved  monitoring  device  as  a
         condition of probation or conditional discharge, the
         court  shall impose a reasonable fee for each day of
         the use of the device, as established by the  county
         board  in  subsection  (g)  of  this Section, unless
         after determining the inability of the defendant  to
         pay  the  fee, the court assesses a lesser fee or no
         fee as the case may be.  This fee shall  be  imposed
         in  addition  to  the fees imposed under subsections
         (g) and (i) of  this  Section.   The  fee  shall  be
         collected  by  the  clerk of the circuit court.  The
         clerk of the circuit  court  shall  pay  all  monies
         collected  from this fee to the county treasurer who
         shall use the monies collected to defray  the  costs
         of  corrections.  The county treasurer shall deposit
         the fee collected in the county  working  cash  fund
         under  Section  6-27001  or  Section  6-29002 of the
         Counties Code, as the case may be.
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois  Domestic  Violence  Act  of  1986,  as  now  or
    hereafter amended, or an order of  protection  issued  by
    the  court  of  another  state,  tribe,  or United States
    territory. A copy of the order  of  protection  shall  be
    transmitted  to  the  probation  officer or agency having
    responsibility for the case;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of  the
    purpose  of  the  entry,  the  time of day, other persons
    accompanying the defendant, and  advance  approval  by  a
    probation  officer,  if  the defendant has been placed on
    probation or  advance  approval  by  the  court,  if  the
    defendant was placed on conditional discharge;
         (15)  refrain  from  having any contact, directly or
    indirectly, with certain specified persons or  particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug.
    (c)  The court may as a  condition  of  probation  or  of
conditional discharge require that a person under 18 years of
age  found  guilty  of  any  alcohol,  cannabis or controlled
substance  violation,  refrain  from  acquiring  a   driver's
license   during  the  period  of  probation  or  conditional
discharge.  If such person is in possession of  a  permit  or
license,  the  court  may require that the minor refrain from
driving or operating any motor vehicle during the  period  of
probation   or   conditional  discharge,  except  as  may  be
necessary in the course of the minor's lawful employment.
    (d)  An offender sentenced to probation or to conditional
discharge shall be given  a  certificate  setting  forth  the
conditions thereof.
    (e)  The  court  shall  not require as a condition of the
sentence of  probation  or  conditional  discharge  that  the
offender  be  committed to a period of imprisonment in excess
of 6 months.  This 6 month limit shall not include periods of
confinement given pursuant to a  sentence  of  county  impact
incarceration under Section 5-8-1.2.
    Persons  committed  to  imprisonment  as  a  condition of
probation or conditional discharge shall not be committed  to
the Department of Corrections.
    (f)  The   court  may  combine  a  sentence  of  periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article  8  with  a  sentence  of
probation or conditional discharge.
    (g)  An offender sentenced to probation or to conditional
discharge  and  who  during  the  term  of  either  undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be  placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved  electronic  monitoring  in  accordance   with   the
defendant's  ability  to  pay  those costs.  The county board
with the concurrence of  the  Chief  Judge  of  the  judicial
circuit  in  which  the  county  is  located  shall establish
reasonable fees for the cost  of  maintenance,  testing,  and
incidental  expenses related to the mandatory drug or alcohol
testing, or  both,  and  all  costs  incidental  to  approved
electronic  monitoring,  involved  in  a successful probation
program for the county.  The concurrence of the  Chief  Judge
shall  be  in  the  form of an administrative order. The fees
shall be collected by the clerk of the  circuit  court.   The
clerk  of  the  circuit  court shall pay all moneys collected
from these fees to the county treasurer  who  shall  use  the
moneys collected to defray the costs of drug testing, alcohol
testing,  and  electronic  monitoring.  The  county treasurer
shall deposit the fees collected in the county  working  cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
    (h)  Jurisdiction  over  an  offender  may be transferred
from the sentencing court to the  court  of  another  circuit
with  the  concurrence  of  both  courts, or to another state
under  an  Interstate  Probation  Reciprocal   Agreement   as
provided in Section 3-3-11.  Further transfers or retransfers
of  jurisdiction are also authorized in the same manner.  The
court to which jurisdiction has been transferred  shall  have
the same powers as the sentencing court.
    (i)  The court shall impose upon an offender sentenced to
probation  after  January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of  such  probation  or
conditional  discharge,  a  fee  of  $25  for  each  month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of  the  person
sentenced  to  probation  or conditional discharge to pay the
fee, the court assesses a  lesser  fee.  The  court  may  not
impose  the  fee  on  a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the  minor  is  in
placement. The fee shall be imposed only upon an offender who
is  actively  supervised  by the probation and court services
department.  The fee shall be collected by the clerk  of  the
circuit  court.  The clerk of the circuit court shall pay all
monies collected from this fee to the  county  treasurer  for
deposit  in  the  probation  and  court  services  fund under
Section 15.1 of the Probation and Probation Officers Act.
    (j)  All fines and costs imposed under this  Section  for
any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
(Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325,  eff.
7-29-99.)
    (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
    (a)  When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such  supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b)  The period of supervision shall be reasonable  under
all  of  the circumstances of the case, but may not be longer
than 2 years, unless the defendant  has  failed  to  pay  the
assessment  required  by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the  Illinois  Controlled  Substances
Act,  in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the  defendant  to
perform  no  less  than 30 hours of community service and not
more than  120  hours  of  community  service,  if  community
service  is  available  in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of  the
criminal  activities of an organized gang or was motivated by
the defendant's membership in or allegiance to  an  organized
gang;  or  (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of  supervision
is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
community service shall include, but not be limited  to,  the
cleanup  and  repair  of  any  damage  caused by violation of
Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
damages to property located within the municipality or county
in   which   the  violation  occurred.   Where  possible  and
reasonable, the community service should be performed in  the
offender's neighborhood.
    For  the  purposes  of this Section, "organized gang" has
the meaning ascribed to it in  Section  10  of  the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c)  The  court  may  in  addition  to  other  reasonable
conditions  relating  to  the  nature  of  the offense or the
rehabilitation  of  the  defendant  as  determined  for  each
defendant in the proper discretion of the court require  that
the person:
         (1)  make a report to and appear in person before or
    participate  with  the  court  or such courts, person, or
    social service agency as directed by  the  court  in  the
    order of supervision;
         (2)  pay a fine and costs;
         (3)  work  or pursue a course of study or vocational
    training;
         (4)  undergo medical, psychological  or  psychiatric
    treatment; or treatment for drug addiction or alcoholism;
         (5)  attend  or reside in a facility established for
    the instruction or residence of defendants on probation;
         (6)  support his dependents;
         (7)  refrain from  possessing  a  firearm  or  other
    dangerous weapon;
         (8)  and in addition, if a minor:
              (i)  reside  with  his  parents  or in a foster
         home;
              (ii)  attend school;
              (iii)  attend  a  non-residential  program  for
         youth;
              (iv)  contribute to his own support at home  or
         in a foster home; and
         (9)  make restitution or reparation in an amount not
    to exceed actual loss or damage to property and pecuniary
    loss  or  make  restitution  under  Section  5-5-6  to  a
    domestic violence shelter.  The court shall determine the
    amount and conditions of payment;
         (10)  perform  some  reasonable  public or community
    service;
         (11)  comply with the terms  and  conditions  of  an
    order  of  protection issued by the court pursuant to the
    Illinois Domestic Violence Act of 1986  or  an  order  of
    protection  issued  by the court of another state, tribe,
    or United States territory. If the court has ordered  the
    defendant  to  make  a  report and appear in person under
    paragraph (1) of this subsection, a copy of the order  of
    protection  shall  be transmitted to the person or agency
    so designated by the court;
         (12)  reimburse any "local  anti-crime  program"  as
    defined  in  Section 7 of the Anti-Crime Advisory Council
    Act for any reasonable expenses incurred by  the  program
    on  the offender's case, not to exceed the maximum amount
    of the fine authorized for  the  offense  for  which  the
    defendant was sentenced;
         (13)  contribute  a  reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for  the
    offense  for  which  the  defendant  was  sentenced, to a
    "local anti-crime program", as defined in  Section  7  of
    the Anti-Crime Advisory Council Act;
         (14)  refrain   from   entering  into  a  designated
    geographic area except upon such terms as the court finds
    appropriate.  Such terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying  the  defendant,  and  advance approval by a
    probation officer;
         (15)  refrain from having any contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of person, including but not limited to members  of
    street gangs and drug users or dealers;
         (16)  refrain  from  having  in  his or her body the
    presence of any illicit drug prohibited by  the  Cannabis
    Control  Act  or  the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit  samples  of
    his  or her blood or urine or both for tests to determine
    the presence of any illicit drug;
         (17)  refrain from operating any motor  vehicle  not
    equipped  with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code.  Under this
    condition the court may allow  a  defendant  who  is  not
    self-employed   to   operate   a  vehicle  owned  by  the
    defendant's  employer  that  is  not  equipped  with   an
    ignition  interlock device in the course and scope of the
    defendant's employment.
    (d)  The court shall defer entering any judgment  on  the
charges until the conclusion of the supervision.
    (e)  At  the  conclusion of the period of supervision, if
the court determines  that  the  defendant  has  successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
    (f)  Discharge and dismissal upon a successful conclusion
of  a  disposition  of  supervision  shall  be deemed without
adjudication of guilt and shall not be  termed  a  conviction
for  purposes  of disqualification or disabilities imposed by
law  upon  conviction  of  a  crime.   Two  years  after  the
discharge  and  dismissal  under  this  Section,  unless  the
disposition of supervision was for a  violation  of  Sections
3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
Vehicle Code or a similar provision of a local ordinance,  or
for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in  which  case  it  shall  be  5  years  after
discharge  and  dismissal,  a  person  may have his record of
arrest  sealed  or  expunged  as  may  be  provided  by  law.
However, any defendant placed on supervision  before  January
1,  1980,  may  move for sealing or expungement of his arrest
record, as provided by law, at any time after  discharge  and
dismissal  under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined  in
subsection  (g)  of  Section 5 of the Criminal Identification
Act or for a violation of  Section  11-501  of  the  Illinois
Vehicle  Code  or  a  similar  provision of a local ordinance
shall not  have  his  or  her  record  of  arrest  sealed  or
expunged.
    (g)  A defendant placed on supervision and who during the
period  of  supervision  undergoes  mandatory drug or alcohol
testing, or both, or is assigned to be placed on an  approved
electronic  monitoring  device,  shall  be ordered to pay the
costs incidental to such mandatory drug or  alcohol  testing,
or  both,  and  costs  incidental to such approved electronic
monitoring in accordance with the defendant's ability to  pay
those  costs.  The  county  board with the concurrence of the
Chief Judge of the judicial circuit in which  the  county  is
located  shall  establish  reasonable  fees  for  the cost of
maintenance, testing, and incidental expenses related to  the
mandatory  drug  or  alcohol  testing, or both, and all costs
incidental  to  approved  electronic   monitoring,   of   all
defendants  placed  on  supervision.   The concurrence of the
Chief Judge shall be in the form of an administrative  order.
The  fees  shall  be  collected  by  the clerk of the circuit
court.  The clerk of the circuit court shall pay  all  moneys
collected  from  these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol  testing,  and  electronic  monitoring.  The   county
treasurer  shall  deposit  the  fees  collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h)  A disposition of supervision is a  final  order  for
the purposes of appeal.
    (i)  The  court  shall  impose upon a defendant placed on
supervision  after  January  1,  1992,  as  a  condition   of
supervision,  a  fee  of  $25  for  each month of supervision
ordered by the court, unless after determining the  inability
of the person placed on supervision to pay the fee, the court
assesses  a lesser fee. The court may not impose the fee on a
minor who is made a ward of  the  State  under  the  Juvenile
Court  Act  of 1987 while the minor is in placement.  The fee
shall be imposed  only  upon  a  defendant  who  is  actively
supervised  by  the  probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county  treasurer  for  deposit  in  the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
    (j)  All  fines  and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
    (k)  A defendant at least 17 years of age who  is  placed
on  supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a  condition  of  his  or  her
supervision  be  required  by the court to attend educational
courses designed to prepare the defendant for a  high  school
diploma  and  to work toward a high school diploma or to work
toward  passing  the  high  school  level  Test  of   General
Educational  Development (GED) or to work toward completing a
vocational training  program  approved  by  the  court.   The
defendant   placed   on  supervision  must  attend  a  public
institution  of  education  to  obtain  the  educational   or
vocational  training  required  by  this subsection (k).  The
defendant placed on supervision shall be required to pay  for
the  cost of the educational courses or GED test, if a fee is
charged for those courses or test.  The  court  shall  revoke
the supervision of a person who wilfully fails to comply with
this   subsection   (k).   The  court  shall  resentence  the
defendant upon  revocation  of  supervision  as  provided  in
Section  5-6-4.   This  subsection  (k)  does  not apply to a
defendant who has a high school diploma or  has  successfully
passed  the GED test. This subsection (k) does not apply to a
defendant  who   is   determined   by   the   court   to   be
developmentally  disabled  or otherwise mentally incapable of
completing the educational or vocational program.
    (l)   The court  shall  require  a  defendant  placed  on
supervision  for  possession of a substance prohibited by the
Cannabis Control Act or Illinois  Controlled  Substances  Act
after a previous conviction or disposition of supervision for
possession  of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or  a  sentence  of
probation  under  Section  10  of the Cannabis Control Act or
Section 410 of the Illinois  Controlled  Substances  Act  and
after  a finding by the court that the person is addicted, to
undergo treatment at a substance abuse  program  approved  by
the court.
    (m)  The  court  shall  require  a  defendant  placed  on
supervision  for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance,  as
a  condition  of  supervision,  to  give  proof of his or her
financial responsibility as defined in Section 7-315  of  the
Illinois  Vehicle Code.  The proof shall be maintained by the
defendant in a manner satisfactory to the Secretary of  State
for  a minimum period of one year after the date the proof is
first filed.   The  Secretary  of  State  shall  suspend  the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source:  P.A.  90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784, eff.
1-1-99; 91-127, eff. 1-1-00.)
    Section  15.  The Code of Civil Procedure is  amended  by
changing Sections 12-652, 12-653, and 12-655 as follows:

    (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
    Sec. 12-652.  Filing and Status of Foreign Judgments.
    (a)  A  copy  of  any  foreign  judgment authenticated in
accordance with the acts of Congress or the statutes of  this
State may be filed in the office of the circuit clerk for any
county  of  this  State.   The  clerk shall treat the foreign
judgment in the same manner as  a  judgment  of  the  circuit
court  for any county of this State.  A judgment so filed has
the same effect  and  is  subject  to  the  same  procedures,
defenses  and proceedings for reopening, vacating, or staying
as a judgment of a circuit court for any county of this State
and may be enforced or satisfied in like manner.
    (b)  A foreign judgment or lien arising by  operation  of
law,  and  resulting  from  an  order requiring child support
payments shall be entitled to full faith and credit  in  this
State,  shall  be  enforceable  in  the  same  manner  as any
judgment or lien  of  this  State  resulting  from  an  order
requiring  child  support payments, and shall not be required
to be filed with the office  of  the  circuit  clerk  in  any
county  of  this  State,  except  as provided for in Sections
10-25 and 10-25.5 of the Illinois Public Aid Code.
    (c)  A foreign order of protection issued by the court of
another state, tribe, or United States territory is  entitled
to full faith and credit in this State, is enforceable in the
same  manner  as  any order of protection issued by a circuit
court for any county of this State, and may be filed with the
circuit clerk in any county of  this  State  as  provided  in
Section  222.5  of the Illinois Domestic Violence Act of 1986
or Section 22.5 of the Code of Criminal Procedure of 1963.  A
foreign order of protection shall not be required to be filed
with the circuit clerk to  be  entitled  to  full  faith  and
credit in this State.
(Source: P.A. 90-18, eff. 7-1-97.)

    (735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
    Sec. 12-653.  Notice of Filing.
    (a)  At  the  time of the filing of the foreign judgment,
the judgment creditor or his lawyer shall make and file  with
the  circuit  clerk  an  affidavit setting forth the name and
last known post office address of the  judgment  debtor,  and
the judgment creditor.
    (b)  Promptly  upon  the filing of a the foreign judgment
(other than a foreign order of protection) and the affidavit,
the clerk shall mail notice of  the  filing  of  the  foreign
judgment  to  the  judgment  debtor  at the address given and
shall make a note of the mailing in the docket.   The  notice
shall  include  the  name  and  post  office  address  of the
judgment creditor and the judgment creditor's lawyer, if any,
in this State.  In addition, the judgment creditor may mail a
notice of the filing of the judgment to the  judgment  debtor
and  may  file  proof  of  mailing  with  the clerk.  Lack of
mailing notice of filing by the clerk shall  not  affect  the
enforcement  proceedings  if proof of mailing by the judgment
creditor has been filed.
    (c)  The clerk shall not mail notice of the filing  of  a
foreign  order  of  protection to the respondent named in the
order.
(Source: P.A. 89-686, eff. 12-31-96.)

    (735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
    Sec. 12-655.  Fees.
    (a)  Any person filing a foreign judgment shall pay a fee
to the circuit clerk equivalent to the  fee  which  would  be
required  were  the  person  filing  a  complaint seeking the
amount awarded in the foreign judgment.  Fees for  docketing,
transcription  or  other  enforcement proceedings shall be as
provided for judgments of the circuit court.
    (b)  The clerk shall not charge a fee to  any  person  to
register a foreign order of protection.
(Source: P.A. 87-358; 87-895.)

    Section  20.   The Illinois Domestic Violence Act of 1986
is amended by adding Section 222.5 and changing Sections  223
and 302 as follows:

    (750 ILCS 60/222.5 new)
    Sec.  222.5.  Filing  of an order of protection issued in
another state.
    (a)  A person entitled to protection under  an  order  of
protection  issued  by  the court of another state, tribe, or
United States territory may file  a  certified  copy  of  the
order of protection with the clerk of the court in a judicial
circuit  in which the person believes that enforcement may be
necessary.
    (b)  The clerk shall:
         (1)  treat the foreign order of  protection  in  the
    same  manner  as  a judgment of the circuit court for any
    county of this State in accordance with the provisions of
    the Uniform Enforcement of Foreign Judgments Act,  except
    that the clerk shall not mail notice of the filing of the
    foreign order to the respondent named in the order; and
         (2)  on  the  same  day  that  a  foreign  order  of
    protection  is filed, file a certified copy of that order
    with the  sheriff  or  other  law  enforcement  officials
    charged  with  maintaining  Department  of  State  Police
    records as set forth in Section 222 of this Act.
    (c)  Neither  residence  in  this  State  nor filing of a
foreign order of protection shall be required for enforcement
of the order by this State.   Failure  to  file  the  foreign
order  shall  not  be  an  impediment to its treatment in all
respects as an Illinois order of protection.
    (d)  The clerk shall not charge a fee to file  a  foreign
order of protection under this Section.
    (e)  The  sheriff  shall  inform  the Department of State
Police as set forth in Section 302 of this Act.

    (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  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
         214 of this Act; or
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (1),
         (2), (3), (14), and  (14.5)  of  subsection  (b)  of
         Section  214  of  this  Act,  in  a  valid  order of
         protection which is authorized  under  the  laws  of
         another state, tribe, or United States territory; or
              (iii)  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 214 of this Act;
         or.
              (ii)  a remedy, which is substantially  similar
         to  the  remedies  authorized  under paragraphs (5),
         (6), or (8) of subsection (b) of Section 214 of this
         Act,  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  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. 90-241, eff. 1-1-98.)

    (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
    Sec. 302.  Data maintenance by law enforcement agencies.
    (a)  All sheriffs shall  furnish  to  the  Department  of
State  Police,  on  the same day as received, in the form and
detail  the  Department  requires,  copies  of  any  recorded
emergency, interim, or plenary  orders of  protection  issued
by  the  court, and any foreign orders of protection filed by
the clerk of the court, and transmitted to the sheriff by the
clerk of the court pursuant to subsection (b) of Section  222
of this Act. Each order of protection shall be entered in the
Law  Enforcement  Automated Data System on the same day it is
issued by the court. If an emergency order of protection  was
issued  in accordance with subsection (c) of Section 217, the
order shall be entered in the Law Enforcement Automated  Data
System as soon as possible after receipt from the clerk.
    (b)  The  Department  of  State  Police  shall maintain a
complete and systematic record and index  of  all  valid  and
recorded  orders  of  protection issued pursuant to this Act.
The data shall be used to  inform  all  dispatchers  and  law
enforcement  officers  at the scene of an alleged incident of
abuse, neglect, or exploitation or violation of an  order  of
protection  of any recorded prior incident of abuse, neglect,
or exploitation involving the abused, neglected, or exploited
party and the effective dates and terms of any recorded order
of protection.
    (c)  The data, records and  transmittals  required  under
this Section shall pertain to any valid emergency, interim or
plenary  order  of  protection,  whether issued in a civil or
criminal proceeding or authorized under the laws  of  another
state, tribe, or United States territory.
(Source: P.A. 90-392, eff. 1-1-98.)

[ Top ]