093_HB0355eng

 
HB0355 Engrossed                     LRB093 05419 RLC 05509 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended  by  adding  Sections  112A-17.5  and  112A-28.5   as
 6    follows:

 7        (725 ILCS 5/112A-17.5 new)
 8        Sec. 112A-17.5.  Notice of orders.
 9        (a)  Entry  and issuance. When a person is charged with a
10    criminal offense and released on bond and the victim  of  the
11    offense  is a family or household member and the condition of
12    the bond is  that  the  defendant  refrain  from  contact  or
13    communications  with  the  victim  for a minimum period of 72
14    hours following the  defendant's  release  and  refrain  from
15    entering or remaining at the victim's residence for a minimum
16    period  of  72 hours following the defendant's release or any
17    other conditions restricting contact with the victim  as  the
18    court  imposes,  the  clerk shall immediately, or on the next
19    court day, enter the order on  the  record  and  file  it  in
20    accordance  with  circuit court procedures and provide a file
21    stamped copy of the order to defendant, if  present,  and  to
22    the victim, if present.
23        (b)  No  Contact  with  family  victim  orders. The court
24    order shall include the following information:
25             (1)  the court case number.
26             (2)  the issue date of the order.
27             (3)  the expiration date of the order, not to exceed
28        2 years.
29             (4)  the defendant's name, sex, race, date of birth,
30        height, weight, hair, and eye color.
31             (5)  the  conditions  of  bond,  including  specific
 
HB0355 Engrossed            -2-      LRB093 05419 RLC 05509 b
 1        remedy.
 2             (6)  the victim's name.
 3             (7)  the protected person's name.
 4             (8)  the protected person's address.
 5        (c)  Filing with sheriff. The  clerk  of  the  judge  who
 6    issued  the  order  shall,  on the same day that the order is
 7    issued, file a certified copy of that order with the sheriff.
 8        (d)  Service by sheriff. Unless the defendant was present
 9    in court when the order was issued, the  sheriff,  other  law
10    enforcement   official,   or  special  process  server  shall
11    promptly serve that order upon the defendant and  file  proof
12    of  that  service,  in  the  manner  provided  for service of
13    process.

14        (725 ILCS 5/112A-28.5 new)
15        Sec. 112A-28.5.  Entry of orders into LEADS.
16        (a)  The law enforcement agency  of  the  unit  of  local
17    government  that  received the order shall enter into the Law
18    Enforcement Agencies Data System (LEADS) the  no contact with
19    family victim order information. The LEADS file must  include
20    the name and address of each person who has been charged with
21    a  criminal  offense  in which the victim of the offense is a
22    family or household member and who has been released on  bond
23    in  which  the  condition  of  the bond is that the defendant
24    refrain from contact or communication with the victim  for  a
25    minimum  period of 72 hours following the defendant's release
26    and refrain  from  entering  or  remaining  at  the  victim's
27    residence  for  a  minimum  period  of 72 hours following the
28    defendant's  release  or  any  other  conditions  restricting
29    contact with the victim as the court imposes.
30        (b)  The law enforcement agency  of  the  unit  of  local
31    government that received the order shall enter the no contact
32    with family victim order into LEADS as soon as possible after
33    receiving  the order. The order must be entered into LEADS on
 
HB0355 Engrossed            -3-      LRB093 05419 RLC 05509 b
 1    the same day the law enforcement agency receives the order.
 2        (c)  Retention. The information must be retained in LEADS
 3    in a history file for 90 days after the  expiration  date  of
 4    the   no   contact   with  family  victim  order  before  the
 5    information may be removed from the LEADS file.

 6        Section 10.  The Illinois Domestic Violence Act  of  1986
 7    is amended by adding Sections 217.5 and 302.5 as follows:

 8        (750 ILCS 60/217.5 new)
 9        Sec. 217.5. Notice of orders.
10        (a)  Entry  and issuance. When a person is charged with a
11    criminal offense and released on bond and the victim  of  the
12    offense  is a family or household member and the condition of
13    the bond is  that  the  defendant  refrain  from  contact  or
14    communications  with  the  victim  for a minimum period of 72
15    hours following the  defendant's  release  and  refrain  from
16    entering or remaining at the victim's residence for a minimum
17    period  of  72 hours following the defendant's release or any
18    other conditions restricting contact with the victim  as  the
19    court  imposes,  the  clerk shall immediately, or on the next
20    court day, enter the order on  the  record  and  file  it  in
21    accordance  with  circuit court procedures and provide a file
22    stamped copy of the order to defendant, if  present,  and  to
23    the victim, if present.
24        (b)  No  Contact  with  family  victim  orders. The court
25    order shall include the following information:
26             (1)  the court case number.
27             (2)  the issue date of the order.
28             (3)  the expiration date of the order, not to exceed
29        2 years.
30             (4)  the defendant's name, sex, race, date of birth,
31        height, weight, hair, and eye color.
32             (5)  the  conditions  of  bond,  including  specific
 
HB0355 Engrossed            -4-      LRB093 05419 RLC 05509 b
 1        remedy.
 2             (6)  the victim's name.
 3             (7)  the protected person's name.
 4             (8)  the protected person's address.
 5        (c)  Filing with sheriff. The  clerk  of  the  judge  who
 6    issued  the  order  shall,  on the same day that the order is
 7    issued, file a certified copy of that order with the sheriff.
 8        (d)  Service by sheriff. Unless the defendant was present
 9    in court when the order was issued, the  sheriff,  other  law
10    enforcement   official,   or  special  process  server  shall
11    promptly serve that order upon the defendant and  file  proof
12    of  that  service,  in  the  manner  provided  for service of
13    process.

14        (750 ILCS 60/302.5 new)
15        Sec. 302.5. Entry of orders into LEADS.
16        (a)  The law enforcement agency  of  the  unit  of  local
17    government  that  received the order shall enter into the Law
18    Enforcement Agencies Data System (LEADS) the  no contact with
19    family victim order information. The LEADS file must  include
20    the name and address of each person who has been charged with
21    a  criminal  offense  in which the victim of the offense is a
22    family or household member and who has been released on  bond
23    in  which  the  condition  of  the bond is that the defendant
24    refrain from contact or communication with the victim  for  a
25    minimum  period of 72 hours following the defendant's release
26    and refrain  from  entering  or  remaining  at  the  victim's
27    residence  for  a  minimum  period  of 72 hours following the
28    defendant's  release  or  any  other  conditions  restricting
29    contact with the victim as the court imposes.
30        (b)  The law enforcement agency  of  the  unit  of  local
31    government that received the order shall enter the no contact
32    with family victim order into LEADS as soon as possible after
33    receiving  the order. The order must be entered into LEADS on
 
HB0355 Engrossed            -5-      LRB093 05419 RLC 05509 b
 1    the same day the law enforcement agency receives the order.
 2        (c)  Retention. The information must be retained in LEADS
 3    in a history file for 90 days after the  expiration  date  of
 4    the   no   contact   with  family  victim  order  before  the
 5    information may be removed from the LEADS file.

 6        Section 99. Effective date.  This Act takes  effect  upon
 7    becoming law.