Illinois General Assembly - Full Text of HB0192
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Full Text of HB0192  97th General Assembly


Rep. Roger L. Eddy

Filed: 3/11/2011





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2    AMENDMENT NO. ______. Amend House Bill 192 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Civil No Contact Order Act is amended by
5changing Sections 213 and 220 as follows:
6    (740 ILCS 22/213)
7    Sec. 213. Civil no contact order; remedies.
8    (a) If the court finds that the petitioner has been a
9victim of non-consensual sexual conduct or non-consensual
10sexual penetration, a civil no contact order shall issue;
11provided that the petitioner must also satisfy the requirements
12of Section 214 on emergency orders or Section 215 on plenary
13orders. The petitioner shall not be denied a civil no contact
14order because the petitioner or the respondent is a minor. The
15court, when determining whether or not to issue a civil no
16contact order, may not require physical injury on the person of



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1the victim. Modification and extension of prior civil no
2contact orders shall be in accordance with this Act.
3    (b) (Blank).
4    (b-5) The court may provide relief as follows:
5        (1) prohibit the respondent from knowingly coming
6    within, or knowingly remaining within, a specified
7    distance from the petitioner;
8        (2) restrain the respondent from having any contact,
9    including nonphysical contact, with the petitioner
10    directly, indirectly, or through third parties, regardless
11    of whether those third parties know of the order;
12        (3) prohibit the respondent from knowingly coming
13    within, or knowingly remaining within, a specified
14    distance from the petitioner's residence, school, day care
15    or other specified location;
16        (4) order the respondent to stay away from any property
17    or animal owned, possessed, leased, kept, or held by the
18    petitioner and forbid the respondent from taking,
19    transferring, encumbering, concealing, harming, or
20    otherwise disposing of the property or animal; and
21        (5) order any other injunctive relief as necessary or
22    appropriate for the protection of the petitioner.
23    (b-6) When the petitioner and the respondent attend the
24same public or private elementary, middle, or high school, the
25court when issuing a civil no contact order and providing
26relief shall consider, among the other facts of the case, the



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1severity of the act, any continuing physical danger or
2emotional distress to the petitioner, the educational rights
3guaranteed to the petitioner and respondent under federal and
4state laws, the availability of a transfer to another school,
5change of placement or change of program of the respondent, the
6expense, difficulty, and educational disruption that would be
7caused by a transfer of the respondent to another school, and
8any other relevant facts of the case and the expense,
9difficulty, and educational disruption that would be caused by
10a transfer of the respondent to another school. The court may
11order that the respondent not attend the public or private
12elementary, middle, or high school attended by the petitioner,
13order that the respondent accept a change of placement or
14program, as determined by the School District, or place
15restrictions on the respondent's movements within the school
16attended by the petitioner. The respondent bears the burden of
17proving by a preponderance of the evidence that a transfer,
18change of placement or change of program of the respondent is
19not available. The respondent also bears the burden of
20production with respect to the expense, difficulty, and
21educational disruption that would be caused by a transfer of
22the respondent to another school. A transfer, change of
23placement or change of program is not unavailable solely on the
24ground that the respondent does not agree with the School
25District's transfer or change of placement or program or the
26respondent fails or refuses to consent or otherwise take



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1actions required to effectuate a transfer, change of placement
2or change of program. When a court orders a respondent to stay
3away from the public school attended by the petitioner and the
4respondent requests a transfer to another attendance center
5within the respondent's school district, the school district
6shall have sole discretion to determine the attendance center
7to which the respondent is transferred. In the event the court
8order results in a transfer of the minor respondent to another
9attendance center, a change in the respondent's placement or
10change of the respondent's program, the parents, guardian or
11legal custodian of the respondent are responsible for
12transportation and other costs associated with the transfer or
14    (b-7) The court may order the parents, guardian or legal
15custodian of a minor respondent to take certain actions or to
16refrain from certain actions to ensure that the respondent
17complies with the order. In the event the court orders a
18transfer of the respondent to another school, the parents or
19legal guardians of the respondent are responsible for
20transportation and other costs associated with the change of
21school by the respondent.
22    (c) Denial of a remedy may not be based, in whole or in
23part, on evidence that:
24        (1) the respondent has cause for any use of force,
25    unless that cause satisfies the standards for justifiable
26    use of force provided by Article VII of the Criminal Code



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1    of 1961;
2        (2) the respondent was voluntarily intoxicated;
3        (3) the petitioner acted in self-defense or defense of
4    another, provided that, if the petitioner utilized force,
5    such force was justifiable under Article VII of the
6    Criminal Code of 1961;
7        (4) the petitioner did not act in self-defense or
8    defense of another;
9        (5) the petitioner left the residence or household to
10    avoid further non-consensual sexual conduct or
11    non-consensual sexual penetration by the respondent; or
12        (6) the petitioner did not leave the residence or
13    household to avoid further non-consensual sexual conduct
14    or non-consensual sexual penetration by the respondent.
15    (d) Monetary damages are not recoverable as a remedy.
16(Source: P.A. 96-311, eff. 1-1-10.)
17    (740 ILCS 22/220)
18    Sec. 220. Enforcement of a civil no contact order.
19    (a) Nothing in this Act shall preclude any Illinois court
20from enforcing a valid protective order issued in another
22    (b) Illinois courts may enforce civil no contact orders
23through both criminal proceedings and civil contempt
24proceedings, unless the action which is second in time is
25barred by collateral estoppel or the constitutional



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1prohibition against double jeopardy.
2    (b-1) The court shall not hold a school district or any of
3its employees in civil or criminal contempt unless the school
4district has been allowed to intervene.
5    (b-2) The court may hold the parents, guardian or legal
6custodian of a minor respondent in civil or criminal contempt
7for a violation of any provision or any order entered under
8this Act, for conduct of the minor respondent in violation of
9this Act if the parents, guardian or legal custodian directed,
10encouraged, or assisted the respondent minor in such conduct.
11    (c) Criminal prosecution. A violation of any civil no
12contact order, whether issued in a civil or criminal
13proceeding, shall be enforced by a criminal court when the
14respondent commits the crime of violation of a civil no contact
15order pursuant to Section 219 by having knowingly violated:
16        (1) remedies described in Section 213 and included in a
17    civil no contact order; or
18        (2) a provision of an order, which is substantially
19    similar to provisions of Section 213, in a valid civil no
20    contact order which is authorized under the laws of another
21    state, tribe, or United States territory.
22    Prosecution for a violation of a civil no contact order
23shall not bar a concurrent prosecution for any other crime,
24including any crime that may have been committed at the time of
25the violation of the civil no contact order.
26    (d) Contempt of court. A violation of any valid Illinois



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1civil no contact order, whether issued in a civil or criminal
2proceeding, may be enforced through civil or criminal contempt
3procedures, as appropriate, by any court with jurisdiction,
4regardless of where the act or acts which violated the civil no
5contact order were committed, to the extent consistent with the
6venue provisions of this Act.
7        (1) In a contempt proceeding where the petition for a
8    rule to show cause or petition for adjudication of criminal
9    contempt sets forth facts evidencing an immediate danger
10    that the respondent will flee the jurisdiction or inflict
11    physical abuse on the petitioner or minor children or on
12    dependent adults in the petitioner's care, the court may
13    order the attachment of the respondent without prior
14    service of the petition for a rule to show cause, the rule
15    to show cause, the petition for adjudication of criminal
16    contempt or the adjudication of criminal contempt. Bond
17    shall be set unless specifically denied in writing.
18        (2) A petition for a rule to show cause or a petition
19    for adjudication of criminal contempt for violation of a
20    civil no contact order shall be treated as an expedited
21    proceeding.
22    (e) Actual knowledge. A civil no contact order may be
23enforced pursuant to this Section if the respondent violates
24the order after the respondent has actual knowledge of its
25contents as shown through one of the following means:
26        (1) by service, delivery, or notice under Section 208;



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1        (2) by notice under Section 218;
2        (3) by service of a civil no contact order under
3    Section 218; or
4        (4) by other means demonstrating actual knowledge of
5    the contents of the order.
6    (f) The enforcement of a civil no contact order in civil or
7criminal court shall not be affected by either of the
9        (1) the existence of a separate, correlative order,
10    entered under Section 202; or
11        (2) any finding or order entered in a conjoined
12    criminal proceeding.
13    (g) Circumstances. The court, when determining whether or
14not a violation of a civil no contact order has occurred, shall
15not require physical manifestations of abuse on the person of
16the victim.
17    (h) Penalties.
18        (1) Except as provided in paragraph (3) of this
19    subsection, where the court finds the commission of a crime
20    or contempt of court under subsection (a) or (b) of this
21    Section, the penalty shall be the penalty that generally
22    applies in such criminal or contempt proceedings, and may
23    include one or more of the following: incarceration,
24    payment of restitution, a fine, payment of attorneys' fees
25    and costs, or community service.
26        (2) The court shall hear and take into account evidence



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1    of any factors in aggravation or mitigation before deciding
2    an appropriate penalty under paragraph (1) of this
3    subsection.
4        (3) To the extent permitted by law, the court is
5    encouraged to:
6            (i) increase the penalty for the knowing violation
7        of any civil no contact order over any penalty
8        previously imposed by any court for respondent's
9        violation of any civil no contact order or penal
10        statute involving petitioner as victim and respondent
11        as defendant;
12            (ii) impose a minimum penalty of 24 hours
13        imprisonment for respondent's first violation of any
14        civil no contact order; and
15            (iii) impose a minimum penalty of 48 hours
16        imprisonment for respondent's second or subsequent
17        violation of a civil no contact order unless the court
18        explicitly finds that an increased penalty or that
19        period of imprisonment would be manifestly unjust.
20        (4) In addition to any other penalties imposed for a
21    violation of a civil no contact order, a criminal court may
22    consider evidence of any previous violations of a civil no
23    contact order:
24            (i) to increase, revoke or modify the bail bond on
25        an underlying criminal charge pursuant to Section
26        110-6 of the Code of Criminal Procedure of 1963;



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1            (ii) to revoke or modify an order of probation,
2        conditional discharge or supervision, pursuant to
3        Section 5-6-4 of the Unified Code of Corrections; or
4            (iii) to revoke or modify a sentence of periodic
5        imprisonment, pursuant to Section 5-7-2 of the Unified
6        Code of Corrections.
7(Source: P.A. 96-311, eff. 1-1-10.)".