102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0734

 

Introduced 2/8/2021, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-20  from Ch. 38, par. 112A-20

    Amends the Code of Criminal Procedure of 1963. Provides that the duration of a civil no contact order is permanent if a judgment of conviction for criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse is entered.


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A BILL FOR

 

HB0734LRB102 11400 KMF 16733 b

1    AN ACT concerning criminal law.
 
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 final protective
8orders.
9    (a) (Blank).
10    (b) A final protective order shall remain in effect as
11follows:
12        (1) if entered during pre-trial release, until
13    disposition, withdrawal, or dismissal of the underlying
14    charge; if, however, the case is continued as an
15    independent cause of action, the order's duration may be
16    for a fixed period of time not to exceed 2 years;
17        (2) if in effect in conjunction with a bond forfeiture
18    warrant, until final disposition or an additional period
19    of time not exceeding 2 years; no domestic violence order
20    of protection, however, shall be terminated by a dismissal
21    that is accompanied by the issuance of a bond forfeiture
22    warrant;
23        (3) until 2 years after the expiration of any

 

 

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1    supervision, conditional discharge, probation, periodic
2    imprisonment, parole, aftercare release, or mandatory
3    supervised release for domestic violence orders of
4    protection and civil no contact orders; or
5        (4) until 2 years after the date set by the court for
6    expiration of any sentence of imprisonment and subsequent
7    parole, aftercare release, or mandatory supervised release
8    for domestic violence orders of protection and civil no
9    contact orders; and
10        (5) permanent for a stalking no contact order if a
11    judgment of conviction for stalking is entered; and .
12        (6) permanent for a civil no contact order if a
13    judgment of conviction for criminal sexual assault,
14    aggravated criminal sexual assault, criminal sexual abuse,
15    or aggravated criminal sexual abuse is entered.
16    (c) Computation of time. The duration of a domestic
17violence order of protection shall not be reduced by the
18duration of any prior domestic violence order of protection.
19    (d) Law enforcement records. When a protective order
20expires upon the occurrence of a specified event, rather than
21upon a specified date as provided in subsection (b), no
22expiration date shall be entered in Department of State Police
23records. To remove the protective order from those records,
24either the petitioner or the respondent shall request the
25clerk of the court to file a certified copy of an order stating
26that the specified event has occurred or that the protective

 

 

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1order has been vacated or modified with the sheriff, and the
2sheriff shall direct that law enforcement records shall be
3promptly corrected in accordance with the filed order.
4    (e) Extension of Orders. Any domestic violence order of
5protection or civil no contact order that expires 2 years
6after the expiration of the defendant's sentence under
7paragraph (2), (3), or (4) of subsection (b) of Section
8112A-20 of this Article may be extended one or more times, as
9required. The petitioner, petitioner's counsel, or the State's
10Attorney on the petitioner's behalf shall file the motion for
11an extension of the final protective order in the criminal
12case and serve the motion in accordance with Supreme Court
13Rules 11 and 12. The court shall transfer the motion to the
14appropriate court or division for consideration under
15subsection (e) of Section 220 of the Illinois Domestic
16Violence Act of 1986, subsection (c) of Section 216 of the
17Civil No Contact Order Act, or subsection (c) of Section 105 of
18the Stalking No Contact Order as appropriate.
19    (f) Termination date. Any final protective order which
20would expire on a court holiday shall instead expire at the
21close of the next court business day.
22    (g) Statement of purpose. The practice of dismissing or
23suspending a criminal prosecution in exchange for issuing a
24protective order undermines the purposes of this Article. This
25Section shall not be construed as encouraging that practice.
26(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)