Full Text of HB3103 103rd General Assembly
HB3103enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 1.1 as follows:
| 6 | | (430 ILCS 65/1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Illinois State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and | 17 | | authority of a physician or other person authorized to | 18 | | prescribe the controlled substance when the controlled | 19 | | substance is used in the prescribed manner. | 20 | | "Adjudicated as a person with a mental disability" means | 21 | | the person is the subject of a determination by a court, board, | 22 | | commission or other lawful authority that the person, as a | 23 | | result of marked subnormal intelligence, or mental illness, |
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| 1 | | mental impairment, incompetency, condition, or disease: | 2 | | (1) presents a clear and present danger to himself, | 3 | | herself, or to others; | 4 | | (2) lacks the mental capacity to manage his or her own | 5 | | affairs or is adjudicated a person with a disability as | 6 | | defined in Section 11a-2 of the Probate Act of 1975; | 7 | | (3) is not guilty in a criminal case by reason of | 8 | | insanity, mental disease or defect; | 9 | | (3.5) is guilty but mentally ill, as provided in | 10 | | Section 5-2-6 of the Unified Code of Corrections; | 11 | | (4) is incompetent to stand trial in a criminal case; | 12 | | (5) is not guilty by reason of lack of mental | 13 | | responsibility under Articles 50a and 72b of the Uniform | 14 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 15 | | (6) is a sexually violent person under subsection (f) | 16 | | of Section 5 of the Sexually Violent Persons Commitment | 17 | | Act; | 18 | | (7) is a sexually dangerous person under the Sexually | 19 | | Dangerous Persons Act; | 20 | | (8) is unfit to stand trial under the Juvenile Court | 21 | | Act of 1987; | 22 | | (9) is not guilty by reason of insanity under the | 23 | | Juvenile Court Act of 1987; | 24 | | (10) is subject to involuntary admission as an | 25 | | inpatient as defined in Section 1-119 of the Mental Health | 26 | | and Developmental Disabilities Code; |
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| 1 | | (11) is subject to involuntary admission as an | 2 | | outpatient as defined in Section 1-119.1 of the Mental | 3 | | Health and Developmental Disabilities Code; | 4 | | (12) is subject to judicial admission as set forth in | 5 | | Section 4-500 of the Mental Health and Developmental | 6 | | Disabilities Code; or | 7 | | (13) is subject to the provisions of the Interstate | 8 | | Agreements on Sexually Dangerous Persons Act. | 9 | | "Clear and present danger" means a person who: | 10 | | (1) communicates a serious threat of physical violence | 11 | | against a reasonably identifiable victim or poses a clear | 12 | | and imminent risk of serious physical injury to himself, | 13 | | herself, or another person as determined by a physician, | 14 | | clinical psychologist, or qualified examiner; or | 15 | | (2) demonstrates threatening physical or verbal | 16 | | behavior, such as violent, suicidal, or assaultive | 17 | | threats, actions, or other behavior, as determined by a | 18 | | physician, clinical psychologist, qualified examiner, | 19 | | school administrator, or law enforcement official. | 20 | | "Clinical psychologist" has the meaning provided in | 21 | | Section 1-103 of the Mental Health and Developmental | 22 | | Disabilities Code. | 23 | | "Controlled substance" means a controlled substance or | 24 | | controlled substance analog as defined in the Illinois | 25 | | Controlled Substances Act. | 26 | | "Counterfeit" means to copy or imitate, without legal |
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| 1 | | authority, with
intent
to deceive. | 2 | | "Developmental disability" means a severe, chronic | 3 | | disability of an individual that: | 4 | | (1) is attributable to a mental or physical impairment | 5 | | or combination of mental and physical impairments; | 6 | | (2) is manifested before the individual attains age | 7 | | 22; | 8 | | (3) is likely to continue indefinitely; | 9 | | (4) results in substantial functional limitations in 3 | 10 | | or more of the following areas of major life activity: | 11 | | (A) Self-care. | 12 | | (B) Receptive and expressive language. | 13 | | (C) Learning. | 14 | | (D) Mobility. | 15 | | (E) Self-direction. | 16 | | (F) Capacity for independent living. | 17 | | (G) Economic self-sufficiency; and | 18 | | (5) reflects the individual's need for a combination | 19 | | and sequence of special, interdisciplinary, or generic | 20 | | services, individualized supports, or other forms of | 21 | | assistance that are of lifelong or extended duration and | 22 | | are individually planned and coordinated. | 23 | | "Federally licensed firearm dealer" means a person who is | 24 | | licensed as a federal firearms dealer under Section 923 of the | 25 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 26 | | "Firearm" means any device, by
whatever name known, which |
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| 1 | | is designed to expel a projectile or projectiles
by the action | 2 | | of an explosion, expansion of gas or escape of gas; excluding,
| 3 | | however:
| 4 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 5 | | B-B gun which
expels a single globular projectile not | 6 | | exceeding .18 inch in
diameter or which has a maximum | 7 | | muzzle velocity of less than 700 feet
per second;
| 8 | | (1.1) any pneumatic gun, spring gun, paint ball gun, | 9 | | or B-B gun which expels breakable paint balls containing | 10 | | washable marking colors; | 11 | | (2) any device used exclusively for signaling or | 12 | | safety and required or
recommended by the United States | 13 | | Coast Guard or the Interstate Commerce
Commission;
| 14 | | (3) any device used exclusively for the firing of stud | 15 | | cartridges,
explosive rivets or similar industrial | 16 | | ammunition; and
| 17 | | (4) an antique firearm (other than a machine-gun) | 18 | | which, although
designed as a weapon, the Illinois State | 19 | | Police finds by reason of
the date of its manufacture, | 20 | | value, design, and other characteristics is
primarily a | 21 | | collector's item and is not likely to be used as a weapon.
| 22 | | "Firearm ammunition" means any self-contained cartridge or | 23 | | shotgun
shell, by whatever name known, which is designed to be | 24 | | used or adaptable to
use in a firearm; excluding, however:
| 25 | | (1) any ammunition exclusively designed for use with a | 26 | | device used
exclusively for signaling or safety and |
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| 1 | | required or recommended by the
United States Coast Guard | 2 | | or the Interstate Commerce Commission; and
| 3 | | (2) any ammunition designed exclusively for use with a | 4 | | stud or rivet
driver or other similar industrial | 5 | | ammunition. | 6 | | "Gun show" means an event or function: | 7 | | (1) at which the sale and transfer of firearms is the | 8 | | regular and normal course of business and where 50 or more | 9 | | firearms are displayed, offered, or exhibited for sale, | 10 | | transfer, or exchange; or | 11 | | (2) at which not less than 10 gun show vendors | 12 | | display, offer, or exhibit for sale, sell, transfer, or | 13 | | exchange firearms.
| 14 | | "Gun show" includes the entire premises provided for an | 15 | | event or function, including parking areas for the event or | 16 | | function, that is sponsored to facilitate the purchase, sale, | 17 | | transfer, or exchange of firearms as described in this | 18 | | Section.
Nothing in this definition shall be construed to | 19 | | exclude a gun show held in conjunction with competitive | 20 | | shooting events at the World Shooting Complex sanctioned by a | 21 | | national governing body in which the sale or transfer of | 22 | | firearms is authorized under subparagraph (5) of paragraph (g) | 23 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 24 | | Unless otherwise expressly stated, "gun show" does not | 25 | | include training or safety classes, competitive shooting | 26 | | events, such as rifle, shotgun, or handgun matches, trap, |
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| 1 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 2 | | or
any other event where the sale or transfer of firearms is | 3 | | not the primary course of business. | 4 | | "Gun show promoter" means a person who organizes or | 5 | | operates a gun show. | 6 | | "Gun show vendor" means a person who exhibits, sells, | 7 | | offers for sale, transfers, or exchanges any firearms at a gun | 8 | | show, regardless of whether the person arranges with a gun | 9 | | show promoter for a fixed location from which to exhibit, | 10 | | sell, offer for sale, transfer, or exchange any firearm. | 11 | | "Intellectual disability" means significantly subaverage | 12 | | general intellectual functioning, existing concurrently with | 13 | | deficits in adaptive behavior and manifested during the | 14 | | developmental period, which is defined as before the age of | 15 | | 22, that adversely affects a child's educational performance. | 16 | | "Involuntarily admitted" has the meaning as prescribed in | 17 | | Sections 1-119 and 1-119.1 of the Mental Health and | 18 | | Developmental Disabilities Code. | 19 | | "Mental health facility" means any licensed private | 20 | | hospital or hospital affiliate, institution, or facility, or | 21 | | part thereof, and any facility, or part thereof, operated by | 22 | | the State or a political subdivision thereof which provides | 23 | | treatment of persons with mental illness and includes all | 24 | | hospitals, institutions, clinics, evaluation facilities, | 25 | | mental health centers, colleges, universities, long-term care | 26 | | facilities, and nursing homes, or parts thereof, which provide |
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| 1 | | treatment of persons with mental illness whether or not the | 2 | | primary purpose is to provide treatment of persons with mental | 3 | | illness. | 4 | | "National governing body" means a group of persons who | 5 | | adopt rules and formulate policy on behalf of a national | 6 | | firearm sporting organization. | 7 | | "Noncitizen" means a person who is not a citizen of the | 8 | | United States, but is a person who is a foreign-born person who | 9 | | lives in the United States, has not been naturalized, and is | 10 | | still a citizen of a foreign country. | 11 | | "Patient" means: | 12 | | (1) a person who is admitted as an inpatient or | 13 | | resident of a public or private mental health facility for | 14 | | mental health treatment under Chapter III of the Mental | 15 | | Health and Developmental Disabilities Code as an informal | 16 | | admission, a voluntary admission, a minor admission, an | 17 | | emergency admission, or an involuntary admission, unless | 18 | | the treatment was solely for an alcohol abuse disorder; or | 19 | | (2) a person who voluntarily or involuntarily receives | 20 | | mental health treatment as an out-patient or is otherwise | 21 | | provided services by a public or private mental health | 22 | | facility and who poses a clear and present danger to | 23 | | himself, herself, or others. | 24 | | "Physician" has the meaning as defined in Section 1-120 of | 25 | | the Mental Health and Developmental Disabilities Code. | 26 | | "Protective order" means any orders of protection issued |
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| 1 | | under the Illinois Domestic Violence Act of 1986, stalking no | 2 | | contact orders issued under the Stalking No Contact Order Act, | 3 | | civil no contact orders issued under the Civil No Contact | 4 | | Order Act, and firearms restraining orders issued under the | 5 | | Firearms Restraining Order Act or a substantially similar | 6 | | order issued by the court of another state, tribe, or United | 7 | | States territory or military judge tribunal . | 8 | | "Qualified examiner" has the meaning provided in Section | 9 | | 1-122 of the Mental Health and Developmental Disabilities | 10 | | Code. | 11 | | "Sanctioned competitive shooting event" means a shooting | 12 | | contest officially recognized by a national or state shooting | 13 | | sport association, and includes any sight-in or practice | 14 | | conducted in conjunction with the event.
| 15 | | "School administrator" means the person required to report | 16 | | under the School Administrator Reporting of Mental Health | 17 | | Clear and Present Danger Determinations Law. | 18 | | "Stun gun or taser" has the meaning ascribed to it in | 19 | | Section 24-1 of the Criminal Code of 2012. | 20 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 21 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. | 22 | | 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.) | 23 | | Section 10. The Code of Criminal Procedure of 1963 is | 24 | | amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as | 25 | | follows: |
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| 1 | | (725 ILCS 5/112A-4.5) | 2 | | Sec. 112A-4.5. Who may file petition. | 3 | | (a) A petition for a domestic violence order of protection | 4 | | may be filed: | 5 | | (1) by a named victim
who
has been abused by a family | 6 | | or household member; | 7 | | (2) by any person or by the State's Attorney on behalf
| 8 | | of a named victim who is a minor child or an adult who has | 9 | | been
abused by a family or household
member and who, | 10 | | because of age, health, disability, or inaccessibility,
| 11 | | cannot file the petition; | 12 | | (3) by a State's Attorney on behalf of any minor child | 13 | | or dependent adult in the care of the named victim, if the | 14 | | named victim does not file a petition or request the | 15 | | State's Attorney file the petition; or | 16 | | (4) any of the following persons if the person is | 17 | | abused by a family or household member of a child: | 18 | | (i) a foster parent of that child if the child has | 19 | | been placed in the foster parent's home by the | 20 | | Department of Children and Family Services or by | 21 | | another state's public child welfare agency; | 22 | | (ii) a legally appointed guardian or legally | 23 | | appointed custodian of that child; | 24 | | (iii) an adoptive parent of that child; | 25 | | (iv) a prospective adoptive parent of that child |
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| 1 | | if the child has been placed in the prospective | 2 | | adoptive parent's home pursuant to the Adoption Act or | 3 | | pursuant to another state's law. | 4 | | For purposes of this paragraph (a)(4), individuals who | 5 | | would have been considered "family or household members" of | 6 | | the child under paragraph (3) of subsection (b) of Section | 7 | | 112A-3 before a termination of the parental rights with | 8 | | respect to the child continue to meet the definition of | 9 | | "family or household members" of the child. | 10 | | (b) A petition for a civil no contact order may be filed: | 11 | | (1) by any person who is a named victim of | 12 | | non-consensual
sexual conduct or non-consensual sexual | 13 | | penetration, including a single incident of non-consensual | 14 | | sexual conduct or non-consensual sexual penetration; | 15 | | (2) by a person or by the State's Attorney on behalf of | 16 | | a named victim who is a minor child or an
adult who is a | 17 | | victim of non-consensual sexual conduct or non-consensual | 18 | | sexual penetration but, because of age, disability, | 19 | | health, or inaccessibility, cannot file the petition; | 20 | | (3) by a State's Attorney on behalf of any minor child | 21 | | who is a family or household member of the named victim, if | 22 | | the named victim does not file a petition or request the | 23 | | State's Attorney file the petition; | 24 | | (4) by a service member of the Illinois National Guard | 25 | | or any reserve military component serving within the State | 26 | | who is a victim of non-consensual sexual conduct who has |
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| 1 | | also received a Military Protective Order; or | 2 | | (5) by the Staff Judge Advocate of the Illinois | 3 | | National Guard or any reserve military component serving | 4 | | in the State on behalf of a named victim who is a victim of | 5 | | non-consensual sexual conduct who has also received a | 6 | | Military Protective Order only after receiving consent | 7 | | from the victim, and the petition shall include a | 8 | | statement that the victim has consented to the Staff Judge | 9 | | Advocate filing the petition . | 10 | | (c) A petition for a stalking no contact order may be | 11 | | filed: | 12 | | (1) by any person who is a named victim of stalking; | 13 | | (2) by a person or by the State's Attorney on behalf of | 14 | | a named victim who is a minor child or an
adult who is a | 15 | | victim of stalking but, because of age, disability, | 16 | | health, or inaccessibility, cannot file the petition; | 17 | | (3) by a State's Attorney on behalf of any minor child | 18 | | who is a family or household member of the named victim, if | 19 | | the named victim does not file a petition or request the | 20 | | State's Attorney file the petition; | 21 | | (4) by a service member of the Illinois National Guard | 22 | | or any reserve military component serving within the State | 23 | | who is a victim of non-consensual sexual conduct who has | 24 | | also received a Military Protective Order; or | 25 | | (5) by the Staff Judge Advocate of the Illinois | 26 | | National Guard or any reserve military component serving |
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| 1 | | in the State on behalf of a named victim who is a victim of | 2 | | non-consensual sexual conduct who has also received a | 3 | | Military Protective Order only after receiving consent | 4 | | from the victim, and the petition shall include a | 5 | | statement that the victim has consented to the Staff Judge | 6 | | Advocate filing the petition . | 7 | | (d) The State's Attorney shall file a petition on behalf | 8 | | of any person who may file a petition under subsections (a), | 9 | | (b), or (c) of this Section if the person requests the State's | 10 | | Attorney to file a petition on the person's behalf, unless the | 11 | | State's Attorney has a good faith basis to delay filing the | 12 | | petition. The State's Attorney shall inform the person that | 13 | | the State's Attorney will not be filing the petition at that | 14 | | time and that the person may file a petition or may retain an | 15 | | attorney to file the petition. The State's Attorney may file | 16 | | the petition at a later date. | 17 | | (d-5) (1) A person eligible to file a petition under | 18 | | subsection (a), (b), or (c) of this Section may retain an | 19 | | attorney to represent the petitioner on the petitioner's | 20 | | request for a protective order. The attorney's representation | 21 | | is limited to matters related to the petition and relief | 22 | | authorized under this Article. | 23 | | (2) Advocates shall be allowed to accompany the petitioner | 24 | | and confer with the victim, unless otherwise directed by the | 25 | | court. Advocates are not engaged in the unauthorized practice | 26 | | of law when providing assistance to the petitioner. |
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| 1 | | (e) Any petition properly
filed under this Article may | 2 | | seek
protection for any additional persons protected by this | 3 | | Article.
| 4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
| 5 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| 6 | | Sec. 112A-23. Enforcement of protective orders.
| 7 | | (a) When violation is crime. A violation of any protective | 8 | | order,
whether issued in a civil, quasi-criminal proceeding or | 9 | | by a military judge tribunal , shall be
enforced by a
criminal | 10 | | court when:
| 11 | | (1) The respondent commits the crime of violation of a | 12 | | domestic violence order of
protection pursuant to Section | 13 | | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | 14 | | Criminal Code of 2012, by
having knowingly violated:
| 15 | | (i) remedies described in paragraph (1), (2), (3), | 16 | | (14),
or
(14.5)
of subsection (b) of Section 112A-14 | 17 | | of this Code,
| 18 | | (ii) a remedy, which is substantially similar to | 19 | | the remedies
authorized
under paragraph (1), (2), (3), | 20 | | (14), or (14.5) of subsection (b) of Section 214
of the | 21 | | Illinois Domestic Violence Act of 1986, in a valid | 22 | | order of protection,
which is authorized under the | 23 | | laws of another state, tribe, or United States
| 24 | | territory, or
| 25 | | (iii) any other remedy when the act
constitutes a |
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| 1 | | crime against the protected parties as defined by the | 2 | | Criminal
Code of 1961 or the Criminal Code of 2012.
| 3 | | Prosecution for a violation of a domestic violence | 4 | | order of protection shall
not bar concurrent prosecution | 5 | | for any other crime, including any crime
that may have | 6 | | been committed at the time of the violation of the | 7 | | domestic violence order
of protection; or
| 8 | | (2) The respondent commits the crime of child | 9 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 10 | | 1961 or the Criminal Code of 2012, by having knowingly | 11 | | violated:
| 12 | | (i) remedies described in paragraph (5), (6), or | 13 | | (8) of subsection
(b)
of
Section 112A-14 of this Code, | 14 | | or
| 15 | | (ii) a remedy, which is substantially similar to | 16 | | the remedies
authorized
under paragraph (1),
(5), (6), | 17 | | or (8) of subsection (b) of Section 214
of the Illinois | 18 | | Domestic Violence Act of 1986, in a valid domestic | 19 | | violence order of protection,
which is authorized | 20 | | under the laws of another state, tribe, or United | 21 | | States
territory.
| 22 | | (3) The respondent commits the crime of violation of a | 23 | | civil no contact order when the respondent violates | 24 | | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | 25 | | for a violation of a civil no contact order shall not bar | 26 | | concurrent prosecution for any other crime, including any |
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| 1 | | crime that may have been committed at the time of the | 2 | | violation of the civil no contact order. | 3 | | (4) The respondent commits the crime of violation of a | 4 | | stalking no contact order when the respondent violates | 5 | | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | 6 | | for a violation of a stalking no contact order shall not | 7 | | bar concurrent prosecution for any other crime, including | 8 | | any crime that may have been committed at the time of the | 9 | | violation of the stalking no contact order. | 10 | | (b) When violation is contempt of court. A violation of | 11 | | any valid protective order, whether issued in a civil or | 12 | | criminal
proceeding or by a military judge tribunal , may be | 13 | | enforced through civil or criminal contempt procedures,
as | 14 | | appropriate, by any court with jurisdiction, regardless where | 15 | | the act or
acts which violated the protective order were | 16 | | committed, to the extent
consistent with the venue provisions | 17 | | of this Article. Nothing in this
Article shall preclude any | 18 | | Illinois court from enforcing any valid protective order | 19 | | issued in another state. Illinois courts may enforce | 20 | | protective orders through both criminal prosecution and | 21 | | contempt proceedings,
unless the action which is second in | 22 | | time is barred by collateral estoppel
or the constitutional | 23 | | prohibition against double jeopardy.
| 24 | | (1) In a contempt proceeding where the petition for a | 25 | | rule to show
cause sets forth facts evidencing an | 26 | | immediate danger that the
respondent will flee the |
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| 1 | | jurisdiction, conceal a child, or inflict physical
abuse | 2 | | on the petitioner or minor children or on dependent adults | 3 | | in
petitioner's care, the court may order the
attachment | 4 | | of the respondent without prior service of the rule to | 5 | | show
cause or the petition for a rule to show cause. Bond | 6 | | shall be set unless
specifically denied in writing.
| 7 | | (2) A petition for a rule to show cause for violation | 8 | | of a protective order shall be treated as an expedited | 9 | | proceeding.
| 10 | | (c) Violation of custody, allocation of parental | 11 | | responsibility, or support orders. A violation of remedies
| 12 | | described in paragraph (5), (6), (8), or (9) of subsection (b) | 13 | | of Section
112A-14 of this Code may be enforced by any remedy | 14 | | provided by Section 607.5 of
the Illinois Marriage and | 15 | | Dissolution of Marriage Act. The court may
enforce any order | 16 | | for support issued under paragraph (12) of subsection (b)
of | 17 | | Section 112A-14 of this Code in the manner provided for under | 18 | | Parts
V and VII of the
Illinois Marriage and Dissolution of | 19 | | Marriage Act.
| 20 | | (d) Actual knowledge. A protective order may be
enforced | 21 | | pursuant to this Section if the respondent violates the order
| 22 | | after the respondent has actual knowledge of its contents
as | 23 | | shown through one of the following means:
| 24 | | (1) (Blank).
| 25 | | (2) (Blank).
| 26 | | (3) By service of a protective order under subsection |
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| 1 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| 2 | | (4) By other means demonstrating actual knowledge of | 3 | | the contents of the order.
| 4 | | (e) The enforcement of a protective order in civil or | 5 | | criminal court
shall not be affected by either of the | 6 | | following:
| 7 | | (1) The existence of a separate, correlative order | 8 | | entered under Section
112A-15 of this Code.
| 9 | | (2) Any finding or order entered in a conjoined | 10 | | criminal proceeding.
| 11 | | (e-5) If a civil no contact order entered under subsection | 12 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 13 | | 1963 conflicts with an order issued pursuant to the Juvenile | 14 | | Court Act of 1987 or the Illinois Marriage and Dissolution of | 15 | | Marriage Act, the conflicting order issued under subsection | 16 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 17 | | 1963 shall be void. | 18 | | (f) Circumstances. The court, when determining whether or | 19 | | not a
violation of a protective order has occurred, shall not | 20 | | require
physical manifestations of abuse on the person of the | 21 | | victim.
| 22 | | (g) Penalties.
| 23 | | (1) Except as provided in paragraph (3) of this
| 24 | | subsection (g), where the court finds the commission of a | 25 | | crime or contempt of
court under subsection (a) or (b) of | 26 | | this Section, the penalty shall be
the penalty that |
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| 1 | | generally applies in such criminal or contempt
| 2 | | proceedings, and may include one or more of the following: | 3 | | incarceration,
payment of restitution, a fine, payment of | 4 | | attorneys' fees and costs, or
community service.
| 5 | | (2) The court shall hear and take into account | 6 | | evidence of any factors
in aggravation or mitigation | 7 | | before deciding an appropriate penalty under
paragraph (1) | 8 | | of this subsection (g).
| 9 | | (3) To the extent permitted by law, the court is | 10 | | encouraged to:
| 11 | | (i) increase the penalty for the knowing violation | 12 | | of
any protective order over any penalty previously | 13 | | imposed by any court
for respondent's violation of any | 14 | | protective order or penal statute
involving petitioner | 15 | | as victim and respondent as defendant;
| 16 | | (ii) impose a minimum penalty of 24 hours | 17 | | imprisonment for respondent's
first violation of any | 18 | | protective order; and
| 19 | | (iii) impose a minimum penalty of 48 hours | 20 | | imprisonment for
respondent's second or subsequent | 21 | | violation of a protective order | 22 | | unless the court explicitly finds that an increased | 23 | | penalty or that
period of imprisonment would be manifestly | 24 | | unjust.
| 25 | | (4) In addition to any other penalties imposed for a | 26 | | violation of a protective order, a criminal court may |
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| 1 | | consider evidence of any
violations of a protective order:
| 2 | | (i) to modify the conditions of pretrial release | 3 | | on an underlying
criminal charge pursuant to Section | 4 | | 110-6 of this Code;
| 5 | | (ii) to revoke or modify an order of probation, | 6 | | conditional discharge, or
supervision, pursuant to | 7 | | Section 5-6-4 of the Unified Code of Corrections;
| 8 | | (iii) to revoke or modify a sentence of periodic | 9 | | imprisonment, pursuant
to Section 5-7-2 of the Unified | 10 | | Code of Corrections.
| 11 | | (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; | 12 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. | 13 | | 5-19-22 .)
| 14 | | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| 15 | | Sec. 112A-28. Data maintenance by law enforcement | 16 | | agencies.
| 17 | | (a) All sheriffs shall furnish to the Illinois State | 18 | | Police, daily, in
the form and detail the Illinois State | 19 | | Police requires, copies of any recorded protective orders | 20 | | issued by the court, and any foreign protective orders, | 21 | | including, but not limited to, an order of protection issued | 22 | | by a military judge tribunal , filed by
the clerk of the court, | 23 | | and transmitted to the sheriff by the clerk of the
court. Each | 24 | | protective order shall be entered in the Law Enforcement | 25 | | Agencies
Data System on the same day it is issued by the court.
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| 1 | | (b) The Illinois State Police shall maintain a complete | 2 | | and systematic
record and index of all valid and recorded | 3 | | protective orders issued or
filed under this Act. The data | 4 | | shall be used to inform all dispatchers
and law enforcement | 5 | | officers at the scene of an alleged incident of abuse or
| 6 | | violation of a protective order of any recorded prior incident | 7 | | of abuse
involving the abused party and the effective dates | 8 | | and terms of any recorded
protective order.
| 9 | | (c) The data, records and transmittals required under this | 10 | | Section shall
pertain to: | 11 | | (1) any valid emergency, interim or plenary domestic | 12 | | violence order of protection, civil no contact or stalking | 13 | | no contact order
issued in a civil proceeding; and | 14 | | (2) any valid ex parte or final protective order | 15 | | issued in a criminal proceeding or authorized under the | 16 | | laws
of another state, tribe, or United States territory.
| 17 | | (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
| 18 | | Section 15. The Stalking No Contact Order Act is amended | 19 | | by changing Section 15 as follows: | 20 | | (740 ILCS 21/15) | 21 | | Sec. 15. Persons protected by this Act. A petition for a | 22 | | stalking no contact order may be filed when relief is not | 23 | | available to the petitioner under the Illinois Domestic | 24 | | Violence Act of 1986: |
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| 1 | | (1) by any person who is a victim of stalking; | 2 | | (2) by a person on behalf of a minor child or an adult | 3 | | who is a victim of stalking but, because of age, | 4 | | disability, health, or inaccessibility, cannot file the | 5 | | petition; | 6 | | (3) by an authorized agent of a workplace; | 7 | | (4) by an authorized agent of a place of worship; or | 8 | | (5) by an authorized agent of a school ; | 9 | | (6) by a service member of the Illinois National Guard | 10 | | or any reserve military component serving within the State | 11 | | who is a victim of stalking who has also received a | 12 | | Military Protective Order; or | 13 | | (7) by the Staff Judge Advocate of the Illinois | 14 | | National Guard or any reserve military component serving | 15 | | within the State on behalf of a named victim who is a | 16 | | victim of stalking who has also received a Military | 17 | | Protective Order only after receiving consent from the | 18 | | victim, and the petition shall include a statement that | 19 | | the victim has consented to the Staff Judge Advocate | 20 | | filing the petition .
| 21 | | (Source: P.A. 100-1000, eff. 1-1-19 .) | 22 | | Section 20. The Civil No Contact Order Act is amended by | 23 | | changing Sections 201 and 220 as follows:
| 24 | | (740 ILCS 22/201)
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| 1 | | Sec. 201. Persons protected by this Act. | 2 | | (a) The following persons are protected by this Act: | 3 | | (1) any victim of non-consensual sexual conduct or | 4 | | non-consensual sexual penetration on whose behalf the | 5 | | petition is brought; | 6 | | (2) any family or household member of the named | 7 | | victim; and | 8 | | (3) any employee of or volunteer at a rape crisis | 9 | | center that is providing services to the petitioner or the | 10 | | petitioner's family or household member ; and . | 11 | | (4) any service member of the Illinois National Guard | 12 | | or any reserve military component serving within the State | 13 | | who is a victim of non-consensual sexual conduct who has | 14 | | also received a Military Protective Order. | 15 | | (b) A petition for a civil no contact order may be filed:
| 16 | | (1) by any person who is a victim of non-consensual | 17 | | sexual conduct or
non-consensual sexual penetration, | 18 | | including a single incident of
non-consensual
sexual | 19 | | conduct or non-consensual sexual penetration;
| 20 | | (2) by a
person on behalf of a minor child or an adult | 21 | | who is a victim of
non-consensual sexual conduct or | 22 | | non-consensual sexual penetration but,
because of age, | 23 | | disability, health, or inaccessibility, cannot file the
| 24 | | petition; or | 25 | | (3) only after receiving consent from the victim, by | 26 | | any family or household member of a victim of |
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| 1 | | non-consensual sexual conduct or non-consensual sexual | 2 | | penetration, and the petition shall include a statement | 3 | | that the victim has consented to the family or household | 4 | | member filing the petition ; .
| 5 | | (4) any service member of the Illinois National Guard | 6 | | or any reserve military component serving within the State | 7 | | who is a victim of non-consensual sexual conduct who has | 8 | | also received a Military Protective Order; or | 9 | | (5) the Staff Judge Advocate of the Illinois National | 10 | | Guard or any reserve military component serving within the | 11 | | State on behalf of a named victim who is a victim of | 12 | | non-consensual sexual conduct who has also received a | 13 | | Military Protective Order only after receiving consent | 14 | | from the victim, and the petition shall include a | 15 | | statement that the victim has consented to the Staff Judge | 16 | | Advocate filing the petition. | 17 | | (Source: P.A. 102-198, eff. 1-1-22 .)
| 18 | | (740 ILCS 22/220) | 19 | | Sec. 220. Enforcement of a civil no contact order. | 20 | | (a) Nothing in this Act shall preclude any Illinois court | 21 | | from enforcing a valid protective order issued in another | 22 | | state or by a military judge . | 23 | | (b) Illinois courts may enforce civil no contact orders | 24 | | through both criminal proceedings and civil contempt | 25 | | proceedings, unless the action which is second in time is |
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| 1 | | barred by collateral estoppel or the constitutional | 2 | | prohibition against double jeopardy. | 3 | | (b-1) The court shall not hold a school district or | 4 | | private or non-public school or any of its employees in civil | 5 | | or criminal contempt unless the school district or private or | 6 | | non-public school has been allowed to intervene. | 7 | | (b-2) The court may hold the parents, guardian, or legal | 8 | | custodian of a minor respondent in civil or criminal contempt | 9 | | for a violation of any provision of any order entered under | 10 | | this Act for conduct of the minor respondent in violation of | 11 | | this Act if the
parents, guardian, or legal custodian | 12 | | directed, encouraged, or assisted the respondent minor in such | 13 | | conduct. | 14 | | (c) Criminal prosecution. A violation of any civil no | 15 | | contact order, whether issued in a civil or criminal | 16 | | proceeding or by a military judge , shall be enforced by a | 17 | | criminal court when the respondent commits the crime of | 18 | | violation of a civil no contact order pursuant to Section 219 | 19 | | by having knowingly violated: | 20 | | (1) remedies described in Section 213 and included in | 21 | | a civil no contact order; or | 22 | | (2) a provision of an order, which is substantially | 23 | | similar to provisions of Section 213, in a valid civil no | 24 | | contact order which is authorized under the laws of | 25 | | another state, tribe, or United States territory. | 26 | | Prosecution for a violation of a civil no contact order |
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| 1 | | shall not bar a concurrent prosecution for any other crime, | 2 | | including any crime that may have been committed at the time of | 3 | | the violation of the civil no contact order. | 4 | | (d) Contempt of court. A violation of any valid Illinois | 5 | | civil no contact order, whether issued in a civil or criminal | 6 | | proceeding, may be enforced through civil or criminal contempt | 7 | | procedures, as appropriate, by any court with jurisdiction, | 8 | | regardless of where the act or acts which violated the civil no | 9 | | contact order were committed, to the extent consistent with | 10 | | the venue provisions of this Act. | 11 | | (1) In a contempt proceeding where the petition for a | 12 | | rule to show cause or petition for adjudication of | 13 | | criminal contempt sets forth facts evidencing an immediate | 14 | | danger that the respondent will flee the jurisdiction or | 15 | | inflict physical abuse on the petitioner or minor children | 16 | | or on dependent adults in the petitioner's care, the court | 17 | | may order the attachment of the respondent without prior | 18 | | service of the petition for a rule to show cause, the rule | 19 | | to show cause, the petition for adjudication of criminal | 20 | | contempt or the adjudication of criminal contempt. | 21 | | Conditions of release shall be set unless specifically | 22 | | denied in writing. | 23 | | (2) A petition for a rule to show cause or a petition | 24 | | for adjudication of criminal contempt for violation of a | 25 | | civil no contact order shall be treated as an expedited | 26 | | proceeding. |
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| 1 | | (e) Actual knowledge. A civil no contact order may be | 2 | | enforced pursuant to this Section if the respondent violates | 3 | | the order after the respondent has actual knowledge of its | 4 | | contents as shown through one of the following means: | 5 | | (1) by service, delivery, or notice under Section 208; | 6 | | (2) by notice under Section 218; | 7 | | (3) by service of a civil no contact order under | 8 | | Section 218; or | 9 | | (4) by other means demonstrating actual knowledge of | 10 | | the contents of the order. | 11 | | (f) The enforcement of a civil no contact order in civil or | 12 | | criminal court shall not be affected by either of the | 13 | | following: | 14 | | (1) the existence of a separate, correlative order, | 15 | | entered under Section 202; or | 16 | | (2) any finding or order entered in a conjoined | 17 | | criminal proceeding. | 18 | | (g) Circumstances. The court, when determining whether or | 19 | | not a violation of a civil no contact order has occurred, shall | 20 | | not require physical manifestations of abuse on the person of | 21 | | the victim. | 22 | | (h) Penalties. | 23 | | (1) Except as provided in paragraph (3) of this | 24 | | subsection, where the court finds the commission of a | 25 | | crime or contempt of court under subsection (a) or (b) of | 26 | | this Section, the penalty shall be the penalty that |
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| 1 | | generally applies in such criminal or contempt | 2 | | proceedings, and may include one or more of the following: | 3 | | incarceration, payment of restitution, a fine, payment of | 4 | | attorneys' fees and costs, or community service. | 5 | | (2) The court shall hear and take into account | 6 | | evidence of any factors in aggravation or mitigation | 7 | | before deciding an appropriate penalty under paragraph (1) | 8 | | of this subsection. | 9 | | (3) To the extent permitted by law, the court is | 10 | | encouraged to: | 11 | | (i) increase the penalty for the knowing violation | 12 | | of any civil no contact order over any penalty | 13 | | previously imposed by any court for respondent's | 14 | | violation of any civil no contact order or penal | 15 | | statute involving petitioner as victim and respondent | 16 | | as defendant; | 17 | | (ii) impose a minimum penalty of 24 hours | 18 | | imprisonment for respondent's first violation of any | 19 | | civil no contact order; and | 20 | | (iii) impose a minimum penalty of 48 hours | 21 | | imprisonment for respondent's second or subsequent | 22 | | violation of a civil no contact order unless the court | 23 | | explicitly finds that an increased penalty or that | 24 | | period of imprisonment would be manifestly unjust. | 25 | | (4) In addition to any other penalties imposed for a | 26 | | violation of a civil no contact order, a criminal court |
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| 1 | | may consider evidence of any previous violations of a | 2 | | civil no contact order: | 3 | | (i) to modify the conditions of pretrial release | 4 | | on an underlying criminal charge pursuant to Section | 5 | | 110-6 of the Code of Criminal Procedure of 1963; | 6 | | (ii) to revoke or modify an order of probation, | 7 | | conditional discharge or supervision, pursuant to | 8 | | Section 5-6-4 of the Unified Code of Corrections; or | 9 | | (iii) to revoke or modify a sentence of periodic | 10 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 11 | | Code of Corrections.
| 12 | | (Source: P.A. 101-652, eff. 1-1-23 .) | 13 | | Section 25. The Illinois Domestic Violence Act of 1986 is | 14 | | amended by changing Sections 222.5, 223, and 302 as follows:
| 15 | | (750 ILCS 60/222.5)
| 16 | | Sec. 222.5. Filing of an order of protection issued in | 17 | | another state or other jurisdiction.
| 18 | | (a) A person entitled to protection under an order of | 19 | | protection issued by
the court of another state, tribe, or | 20 | | United States territory or military judge tribunal may file a
| 21 | | certified copy of the order of protection with the clerk of the | 22 | | court in a
judicial circuit in which the person believes that | 23 | | enforcement may be
necessary. | 24 | | (a-5) The Illinois National Guard shall file a certified |
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| 1 | | copy of any military order of protection with the clerk of the | 2 | | court in a judicial circuit in which the person entitled to | 3 | | protection resides or if the person entitled to protection is | 4 | | not a State resident, in a judicial circuit in which it is | 5 | | believed that enforcement may be necessary.
| 6 | | (b) The clerk shall:
| 7 | | (1) treat the foreign order of protection, including, | 8 | | but not limited to, an order of protection issued by a | 9 | | military judge tribunal , in the same manner as a judgment
| 10 | | of the circuit court for any county of this State in | 11 | | accordance with the
provisions of the Uniform Enforcement | 12 | | of Foreign Judgments Act, except that the
clerk shall not | 13 | | mail notice of the filing of the foreign order to the
| 14 | | respondent named in the order; and
| 15 | | (2) on the same day that a foreign
order of protection | 16 | | is filed, file a certified copy of that order with the
| 17 | | sheriff or other law enforcement officials charged with | 18 | | maintaining Illinois State Police records as set forth in | 19 | | Section 222 of this Act.
| 20 | | (c) Neither residence in this State nor filing of a | 21 | | foreign order of
protection, including, but not limited to, an | 22 | | order of protection issued by a military judge tribunal , shall | 23 | | be required for enforcement of the order by this State.
| 24 | | Failure to file the foreign order shall not be an impediment to | 25 | | its treatment
in all respects as an Illinois order of | 26 | | protection.
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| 1 | | (d) The clerk shall not charge a fee to file a foreign | 2 | | order of protection
under this Section.
| 3 | | (e) The sheriff shall inform the Illinois State Police as | 4 | | set forth in
Section 302 of this Act.
| 5 | | (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
| 6 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| 7 | | Sec. 223. Enforcement of orders of protection.
| 8 | | (a) When violation is crime. A violation of any order of | 9 | | protection,
whether issued in a civil or criminal proceeding | 10 | | or by a military judge tribunal , shall be enforced
by a
| 11 | | criminal court when:
| 12 | | (1) The respondent commits the crime of violation of | 13 | | an order of
protection pursuant to Section 12-3.4 or 12-30 | 14 | | of the Criminal Code of
1961 or the Criminal Code of 2012, | 15 | | by
having knowingly violated:
| 16 | | (i) remedies described in paragraphs (1), (2), | 17 | | (3), (14),
or (14.5) of
subsection (b) of Section 214 | 18 | | of this Act; or
| 19 | | (ii) a remedy, which is substantially similar to | 20 | | the remedies
authorized under paragraphs (1), (2), | 21 | | (3), (14), and (14.5) of subsection (b)
of Section 214 | 22 | | of this Act, in a valid order of protection which is | 23 | | authorized
under the laws of another state, tribe, or | 24 | | United States territory; or
| 25 | | (iii) any other remedy when the act
constitutes a |
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| 1 | | crime against the protected parties as defined by the
| 2 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 3 | | Prosecution for a violation of an order of
protection | 4 | | shall not bar concurrent prosecution for any other crime,
| 5 | | including any crime that may have been committed at the | 6 | | time of the
violation of the order of protection; or
| 7 | | (2) The respondent commits the crime of child | 8 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012, by having knowingly | 10 | | violated:
| 11 | | (i) remedies described in paragraphs (5), (6) or | 12 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 13 | | (ii) a remedy, which is substantially similar to | 14 | | the remedies
authorized under paragraphs (5), (6), or | 15 | | (8) of subsection (b) of Section 214
of this Act, in a | 16 | | valid order of protection which is authorized under | 17 | | the laws
of another state, tribe, or United States | 18 | | territory.
| 19 | | (b) When violation is contempt of court. A violation of | 20 | | any valid
Illinois order of protection, whether issued in a | 21 | | civil or criminal
proceeding or by a military judge tribunal , | 22 | | may be enforced through civil or criminal contempt procedures,
| 23 | | as appropriate, by any court with jurisdiction, regardless | 24 | | where the act or
acts which violated the order of protection | 25 | | were committed, to the extent
consistent with the venue | 26 | | provisions of this Act. Nothing in this Act
shall preclude any |
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| 1 | | Illinois court from enforcing any valid order of
protection | 2 | | issued in another state. Illinois courts may enforce orders of
| 3 | | protection through both criminal prosecution and contempt | 4 | | proceedings,
unless the action which is second in time is | 5 | | barred by collateral estoppel
or the constitutional | 6 | | prohibition against double jeopardy.
| 7 | | (1) In a contempt proceeding where the petition for a | 8 | | rule to show
cause sets forth facts evidencing an | 9 | | immediate danger that the
respondent will flee the | 10 | | jurisdiction, conceal a child, or inflict physical
abuse | 11 | | on the petitioner or minor children or on dependent adults | 12 | | in
petitioner's care, the court may order the
attachment | 13 | | of the respondent without prior service of the rule to | 14 | | show
cause or the petition for a rule to show cause. | 15 | | Conditions of release shall be set unless
specifically | 16 | | denied in writing.
| 17 | | (2) A petition for a rule to show cause for violation | 18 | | of an order of
protection shall be treated as an expedited | 19 | | proceeding.
| 20 | | (b-1) The court shall not hold a school district or | 21 | | private or non-public school or any of its employees in civil | 22 | | or criminal contempt unless the school district or private or | 23 | | non-public school has been allowed to intervene. | 24 | | (b-2) The court may hold the parents, guardian, or legal | 25 | | custodian of a minor respondent in civil or criminal contempt | 26 | | for a violation of any provision of any order entered under |
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| 1 | | this Act for conduct of the minor respondent in violation of | 2 | | this Act if the
parents, guardian, or legal custodian | 3 | | directed, encouraged, or assisted the respondent minor in such | 4 | | conduct. | 5 | | (c) Violation of custody or support orders or temporary or | 6 | | final judgments allocating parental responsibilities. A | 7 | | violation of remedies
described in paragraphs (5), (6), (8), | 8 | | or (9) of subsection (b) of Section
214 of this Act may be | 9 | | enforced by any remedy provided by Section 607.5 of
the | 10 | | Illinois Marriage and Dissolution of Marriage Act. The court | 11 | | may
enforce any order for support issued under paragraph (12) | 12 | | of subsection (b)
of Section 214 in the manner provided for | 13 | | under Parts V and VII of the
Illinois Marriage and Dissolution | 14 | | of Marriage 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 the
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 210.
| 20 | | (2) By notice under Section 210.1 or 211.
| 21 | | (3) By service of an order of protection under Section | 22 | | 222.
| 23 | | (4) By other means demonstrating actual knowledge of | 24 | | the contents of the
order.
| 25 | | (e) The enforcement of an order of protection in civil or | 26 | | criminal court
shall not be affected by either of the |
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| 1 | | following:
| 2 | | (1) The existence of a separate, correlative order, | 3 | | entered under Section
215.
| 4 | | (2) Any finding or order entered in a conjoined | 5 | | criminal proceeding.
| 6 | | (f) Circumstances. The court, when determining whether or | 7 | | not a
violation of an order of protection has occurred, shall | 8 | | not require
physical manifestations of abuse on the person of | 9 | | the victim.
| 10 | | (g) Penalties.
| 11 | | (1) Except as provided in paragraph (3) of this
| 12 | | subsection, where the court finds the commission of a | 13 | | crime or contempt of
court under subsections (a) or (b) of | 14 | | this Section, the penalty shall be
the penalty that | 15 | | generally applies in such criminal or contempt
| 16 | | proceedings, and may include one or more of the following: | 17 | | incarceration,
payment of restitution, a fine, payment of | 18 | | attorneys' fees and costs, or
community service.
| 19 | | (2) The court shall hear and take into account | 20 | | evidence of any factors
in aggravation or mitigation | 21 | | before deciding an appropriate penalty under
paragraph (1) | 22 | | of this subsection.
| 23 | | (3) To the extent permitted by law, the court is | 24 | | encouraged to:
| 25 | | (i) increase the penalty for the knowing violation | 26 | | of
any order of protection over any penalty previously |
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| 1 | | imposed by any court
for respondent's violation of any | 2 | | order of protection or penal statute
involving | 3 | | petitioner as victim and respondent as defendant;
| 4 | | (ii) impose a minimum penalty of 24 hours | 5 | | imprisonment for respondent's
first violation of any | 6 | | order of protection; and
| 7 | | (iii) impose a minimum penalty of 48 hours | 8 | | imprisonment for
respondent's second or subsequent | 9 | | violation of an order of protection
| 10 | | unless the court explicitly finds that an increased | 11 | | penalty or that
period of imprisonment would be manifestly | 12 | | unjust.
| 13 | | (4) In addition to any other penalties imposed for a | 14 | | violation of an
order of protection, a criminal court may | 15 | | consider evidence of any
violations of an order of | 16 | | protection:
| 17 | | (i) to increase, revoke or modify the conditions | 18 | | of pretrial release on an underlying
criminal charge | 19 | | pursuant to Section 110-6 of the Code of Criminal | 20 | | Procedure
of 1963;
| 21 | | (ii) to revoke or modify an order of probation, | 22 | | conditional discharge or
supervision, pursuant to | 23 | | Section 5-6-4 of the Unified Code of Corrections;
| 24 | | (iii) to revoke or modify a sentence of periodic | 25 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 26 | | Code of Corrections.
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| 1 | | (5) In addition to any other penalties, the court | 2 | | shall impose an
additional fine of $20 as authorized by | 3 | | Section 5-9-1.11 of the Unified Code of
Corrections upon | 4 | | any person convicted of or placed on supervision for a
| 5 | | violation of an order of protection.
The additional fine | 6 | | shall be imposed for each violation of this Section.
| 7 | | (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22 .)
| 8 | | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| 9 | | Sec. 302. Data maintenance by law enforcement agencies.
| 10 | | (a) All sheriffs shall furnish to the Illinois State | 11 | | Police, on the
same day as received, in the form and detail the | 12 | | Illinois State Police requires, copies of
any recorded | 13 | | emergency, interim, or plenary orders of protection issued by | 14 | | the
court, and any foreign orders of protection, including, | 15 | | but not limited to, an order of protection issued by a military | 16 | | judge tribunal , filed by the clerk of the court,
and | 17 | | transmitted to the sheriff by the clerk of the court pursuant | 18 | | to subsection
(b) of Section 222 of this Act. Each order of | 19 | | protection shall be entered in
the Law Enforcement Agencies | 20 | | Data System on the same day it
is issued by the court. If an | 21 | | emergency order of protection was issued in
accordance with | 22 | | subsection (c) of Section 217, the order shall be entered in
| 23 | | the Law Enforcement Agencies Data System as soon as possible
| 24 | | after receipt from the clerk.
| 25 | | (b) The Illinois State Police shall maintain a complete |
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| 1 | | and systematic
record and index of all valid and recorded | 2 | | orders of protection issued pursuant
to this Act. The data | 3 | | shall be used to inform all dispatchers and law
enforcement | 4 | | officers at the scene of an alleged incident of abuse, | 5 | | neglect,
or exploitation or violation of an order of | 6 | | protection of any recorded prior
incident of abuse, neglect, | 7 | | or exploitation involving the abused, neglected,
or exploited | 8 | | party and the effective dates and terms of any recorded order | 9 | | of
protection.
| 10 | | (c) The data, records and transmittals required under this | 11 | | Section shall
pertain to any valid emergency, interim or | 12 | | plenary order of protection,
whether issued in a civil or | 13 | | criminal proceeding or authorized under the laws
of another | 14 | | state, tribe, or United States territory.
| 15 | | (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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