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

HB0192ham003 97TH GENERAL ASSEMBLY

Rep. Roger L. Eddy

Filed: 3/31/2011

 

 


 

 


 
09700HB0192ham003LRB097 03001 AJO 53670 a

1
AMENDMENT TO HOUSE BILL 192

2    AMENDMENT NO. ______. Amend House Bill 192, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Stalking No Contact Order Act is amended by
6changing Section 80 as follows:
 
7    (740 ILCS 21/80)
8    Sec. 80. Stalking no contact orders; remedies.
9    (a) If the court finds that the petitioner has been a
10victim of stalking, a stalking no contact order shall issue;
11provided that the petitioner must also satisfy the requirements
12of Section 95 on emergency orders or Section 100 on plenary
13orders. The petitioner shall not be denied a stalking no
14contact order because the petitioner or the respondent is a
15minor. The court, when determining whether or not to issue a
16stalking no contact order, may not require physical injury on

 

 

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1the person of the petitioner. Modification and extension of
2prior stalking no contact orders shall be in accordance with
3this Act.
4    (b) A stalking no contact order shall order one or more of
5the following:
6        (1) prohibit the respondent from threatening to commit
7    or committing stalking;
8        (2) order the respondent not to have any contact with
9    the petitioner or a third person specifically named by the
10    court;
11        (3) prohibit the respondent from knowingly coming
12    within, or knowingly remaining within a specified distance
13    of the petitioner or the petitioner's residence, school,
14    daycare, or place of employment, or any specified place
15    frequented by the petitioner; however, the court may order
16    the respondent to stay away from the respondent's own
17    residence, school, or place of employment only if the
18    respondent has been provided actual notice of the
19    opportunity to appear and be heard on the petition;
20        (4) prohibit the respondent from possessing a Firearm
21    Owners Identification Card, or possessing or buying
22    firearms; and
23        (5) order other injunctive relief the court determines
24    to be necessary to protect the petitioner or third party
25    specifically named by the court.
26    (b-5) When the petitioner and the respondent attend the

 

 

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1same public, private, or non-public elementary, middle, or high
2school, the court when issuing a stalking no contact order and
3providing relief shall consider the severity of the act, any
4continuing physical danger or emotional distress to the
5petitioner, the educational rights guaranteed to the
6petitioner and respondent under federal and State law, the
7availability of a transfer of the respondent to another school,
8a change of placement or a change of program of the respondent,
9the expense, difficulty, and educational disruption that would
10be caused by a transfer of the respondent to another school,
11and any other relevant facts of the case. The court may order
12that the respondent not attend the public, private, or
13non-public elementary, middle, or high school attended by the
14petitioner, order that the respondent accept a change of
15placement or program, as determined by the school district or
16private or non-public school, or place restrictions on the
17respondent's movements within the school attended by the
18petitioner. The respondent bears the burden of proving by a
19preponderance of the evidence that a transfer, change of
20placement, or change of program of the respondent is not
21available. The respondent also bears the burden of production
22with respect to the expense, difficulty, and educational
23disruption that would be caused by a transfer of the respondent
24to another school. A transfer, change of placement, or change
25of program is not unavailable to the respondent solely on the
26ground that the respondent does not agree with the school

 

 

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1district's or private or non-public school's transfer, change
2of placement, or change of program or solely on the ground that
3the respondent fails or refuses to consent to or otherwise does
4not take an action required to effectuate a transfer, change of
5placement, or change of program. When a court orders a
6respondent to stay away from the public, private, or nonpublic
7school attended by the petitioner and the respondent requests a
8transfer to another attendance center within the respondent's
9school district or private or non-public school, the school
10district or private or non-public school shall have sole
11discretion to determine the attendance center to which the
12respondent is transferred. In the event the court order results
13in a transfer of the minor respondent to another attendance
14center, a change in the respondent's placement, or a change of
15the respondent's program, the parents, guardian, or legal
16custodian of the respondent is responsible for transportation
17and other costs associated with the transfer or change.
18    (b-6) The court may order the parents, guardian, or legal
19custodian of a minor respondent to take certain actions or to
20refrain from taking certain actions to ensure that the
21respondent complies with the order. In the event the court
22orders a transfer of the respondent to another school, the
23parents, guardian, or legal custodian of the respondent are
24responsible for transportation and other costs associated with
25the change of school by the respondent.
26    (b-7) The court shall not hold a school district or private

 

 

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1or non-public school or any of its employees in civil or
2criminal contempt unless the school district or private or
3non-public school has been allowed to intervene.
4    (b-8) The court may hold the parents, guardian, or legal
5custodian of a minor respondent in civil or criminal contempt
6for a violation of any provision of any order entered under
7this Act for conduct of the minor respondent in violation of
8this Act if the parents, guardian, or legal custodian directed,
9encouraged, or assisted the respondent minor in such conduct.
10    (c) The court may award the petitioner costs and attorneys
11fees if a stalking no contact order is granted.
12    (d) Monetary damages are not recoverable as a remedy.
13(Source: P.A. 96-246, eff. 1-1-10.)
 
14    Section 10. The Civil No Contact Order Act is amended by
15changing Sections 213 and 220 as follows:
 
16    (740 ILCS 22/213)
17    Sec. 213. Civil no contact order; remedies.
18    (a) If the court finds that the petitioner has been a
19victim of non-consensual sexual conduct or non-consensual
20sexual penetration, a civil no contact order shall issue;
21provided that the petitioner must also satisfy the requirements
22of Section 214 on emergency orders or Section 215 on plenary
23orders. The petitioner shall not be denied a civil no contact
24order because the petitioner or the respondent is a minor. The

 

 

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1court, when determining whether or not to issue a civil no
2contact order, may not require physical injury on the person of
3the victim. Modification and extension of prior civil no
4contact orders shall be in accordance with this Act.
5    (b) (Blank).
6    (b-5) The court may provide relief as follows:
7        (1) prohibit the respondent from knowingly coming
8    within, or knowingly remaining within, a specified
9    distance from the petitioner;
10        (2) restrain the respondent from having any contact,
11    including nonphysical contact, with the petitioner
12    directly, indirectly, or through third parties, regardless
13    of whether those third parties know of the order;
14        (3) prohibit the respondent from knowingly coming
15    within, or knowingly remaining within, a specified
16    distance from the petitioner's residence, school, day care
17    or other specified location;
18        (4) order the respondent to stay away from any property
19    or animal owned, possessed, leased, kept, or held by the
20    petitioner and forbid the respondent from taking,
21    transferring, encumbering, concealing, harming, or
22    otherwise disposing of the property or animal; and
23        (5) order any other injunctive relief as necessary or
24    appropriate for the protection of the petitioner.
25    (b-6) When the petitioner and the respondent attend the
26same public or private elementary, middle, or high school, the

 

 

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1court when issuing a civil no contact order and providing
2relief shall consider, among the other facts of the case, the
3severity of the act, any continuing physical danger or
4emotional distress to the petitioner, the educational rights
5guaranteed to the petitioner and respondent under federal and
6State law, the availability of a transfer of the respondent to
7another school, a change of placement or a change of program of
8the respondent, the expense, difficulty, and educational
9disruption that would be caused by a transfer of the respondent
10to another school, and any other relevant facts of the case and
11the expense, difficulty, and educational disruption that would
12be caused by a transfer of the respondent to another school.
13The court may order that the respondent not attend the public,
14or private, or non-public elementary, middle, or high school
15attended by the petitioner, order that the respondent accept a
16change of placement or program, as determined by the school
17district or private or non-public school, or place restrictions
18on the respondent's movements within the school attended by the
19petitioner. The respondent bears the burden of proving by a
20preponderance of the evidence that a transfer, change of
21placement, or change of program of the respondent is not
22available. The respondent also bears the burden of production
23with respect to the expense, difficulty, and educational
24disruption that would be caused by a transfer of the respondent
25to another school. A transfer, change of placement, or change
26of program is not unavailable to the respondent solely on the

 

 

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1ground that the respondent does not agree with the school
2district's or private or non-public school's transfer, change
3of placement, or change of program or solely on the ground that
4the respondent fails or refuses to consent to or otherwise does
5not take an action required to effectuate a transfer, change of
6placement, or change of program. When a court orders a
7respondent to stay away from the public, private, or non-public
8school attended by the petitioner and the respondent requests a
9transfer to another attendance center within the respondent's
10school district or private or non-public school, the school
11district or private or non-public school shall have sole
12discretion to determine the attendance center to which the
13respondent is transferred. In the event the court order results
14in a transfer of the minor respondent to another attendance
15center, a change in the respondent's placement, or a change of
16the respondent's program, the parents, guardian, or legal
17custodian of the respondent is responsible for transportation
18and other costs associated with the transfer or change.
19    (b-7) The court may order the parents, guardian, or legal
20custodian of a minor respondent to take certain actions or to
21refrain from taking certain actions to ensure that the
22respondent complies with the order. In the event the court
23orders a transfer of the respondent to another school, the
24parents or legal guardians of the respondent are responsible
25for transportation and other costs associated with the change
26of school by the respondent.

 

 

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1    (c) Denial of a remedy may not be based, in whole or in
2part, on evidence that:
3        (1) the respondent has cause for any use of force,
4    unless that cause satisfies the standards for justifiable
5    use of force provided by Article VII of the Criminal Code
6    of 1961;
7        (2) the respondent was voluntarily intoxicated;
8        (3) the petitioner acted in self-defense or defense of
9    another, provided that, if the petitioner utilized force,
10    such force was justifiable under Article VII of the
11    Criminal Code of 1961;
12        (4) the petitioner did not act in self-defense or
13    defense of another;
14        (5) the petitioner left the residence or household to
15    avoid further non-consensual sexual conduct or
16    non-consensual sexual penetration by the respondent; or
17        (6) the petitioner did not leave the residence or
18    household to avoid further non-consensual sexual conduct
19    or non-consensual sexual penetration by the respondent.
20    (d) Monetary damages are not recoverable as a remedy.
21(Source: P.A. 96-311, eff. 1-1-10.)
 
22    (740 ILCS 22/220)
23    Sec. 220. Enforcement of a civil no contact order.
24    (a) Nothing in this Act shall preclude any Illinois court
25from enforcing a valid protective order issued in another

 

 

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

 

 

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1    state, tribe, or United States territory.
2    Prosecution for a violation of a civil no contact order
3shall not bar a concurrent prosecution for any other crime,
4including any crime that may have been committed at the time of
5the violation of the civil no contact order.
6    (d) Contempt of court. A violation of any valid Illinois
7civil no contact order, whether issued in a civil or criminal
8proceeding, may be enforced through civil or criminal contempt
9procedures, as appropriate, by any court with jurisdiction,
10regardless of where the act or acts which violated the civil no
11contact order were committed, to the extent consistent with the
12venue provisions of this Act.
13        (1) In a contempt proceeding where the petition for a
14    rule to show cause or petition for adjudication of criminal
15    contempt sets forth facts evidencing an immediate danger
16    that the respondent will flee the jurisdiction or inflict
17    physical abuse on the petitioner or minor children or on
18    dependent adults in the petitioner's care, the court may
19    order the attachment of the respondent without prior
20    service of the petition for a rule to show cause, the rule
21    to show cause, the petition for adjudication of criminal
22    contempt or the adjudication of criminal contempt. Bond
23    shall be set unless specifically denied in writing.
24        (2) A petition for a rule to show cause or a petition
25    for adjudication of criminal contempt for violation of a
26    civil no contact order shall be treated as an expedited

 

 

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1    proceeding.
2    (e) Actual knowledge. A civil no contact order may be
3enforced pursuant to this Section if the respondent violates
4the order after the respondent has actual knowledge of its
5contents as shown through one of the following means:
6        (1) by service, delivery, or notice under Section 208;
7        (2) by notice under Section 218;
8        (3) by service of a civil no contact order under
9    Section 218; or
10        (4) by other means demonstrating actual knowledge of
11    the contents of the order.
12    (f) The enforcement of a civil no contact order in civil or
13criminal court shall not be affected by either of the
14following:
15        (1) the existence of a separate, correlative order,
16    entered under Section 202; or
17        (2) any finding or order entered in a conjoined
18    criminal proceeding.
19    (g) Circumstances. The court, when determining whether or
20not a violation of a civil no contact order has occurred, shall
21not require physical manifestations of abuse on the person of
22the victim.
23    (h) Penalties.
24        (1) Except as provided in paragraph (3) of this
25    subsection, where the court finds the commission of a crime
26    or contempt of court under subsection (a) or (b) of this

 

 

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1    Section, the penalty shall be the penalty that generally
2    applies in such criminal or contempt proceedings, and may
3    include one or more of the following: incarceration,
4    payment of restitution, a fine, payment of attorneys' fees
5    and costs, or community service.
6        (2) The court shall hear and take into account evidence
7    of any factors in aggravation or mitigation before deciding
8    an appropriate penalty under paragraph (1) of this
9    subsection.
10        (3) To the extent permitted by law, the court is
11    encouraged to:
12            (i) increase the penalty for the knowing violation
13        of any civil no contact order over any penalty
14        previously imposed by any court for respondent's
15        violation of any civil no contact order or penal
16        statute involving petitioner as victim and respondent
17        as defendant;
18            (ii) impose a minimum penalty of 24 hours
19        imprisonment for respondent's first violation of any
20        civil no contact order; and
21            (iii) impose a minimum penalty of 48 hours
22        imprisonment for respondent's second or subsequent
23        violation of a civil no contact order unless the court
24        explicitly finds that an increased penalty or that
25        period of imprisonment would be manifestly unjust.
26        (4) In addition to any other penalties imposed for a

 

 

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1    violation of a civil no contact order, a criminal court may
2    consider evidence of any previous violations of a civil no
3    contact order:
4            (i) to increase, revoke or modify the bail bond on
5        an underlying criminal charge pursuant to Section
6        110-6 of the Code of Criminal Procedure of 1963;
7            (ii) to revoke or modify an order of probation,
8        conditional discharge or supervision, pursuant to
9        Section 5-6-4 of the Unified Code of Corrections; or
10            (iii) to revoke or modify a sentence of periodic
11        imprisonment, pursuant to Section 5-7-2 of the Unified
12        Code of Corrections.
13(Source: P.A. 96-311, eff. 1-1-10.)
 
14    Section 15. The Illinois Domestic Violence Act of 1986 is
15amended by changing Sections 214 and 223 as follows:
 
16    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
17    Sec. 214. Order of protection; remedies.
18    (a) Issuance of order. If the court finds that petitioner
19has been abused by a family or household member or that
20petitioner is a high-risk adult who has been abused, neglected,
21or exploited, as defined in this Act, an order of protection
22prohibiting the abuse, neglect, or exploitation shall issue;
23provided that petitioner must also satisfy the requirements of
24one of the following Sections, as appropriate: Section 217 on

 

 

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1emergency orders, Section 218 on interim orders, or Section 219
2on plenary orders. Petitioner shall not be denied an order of
3protection because petitioner or respondent is a minor. The
4court, when determining whether or not to issue an order of
5protection, shall not require physical manifestations of abuse
6on the person of the victim. Modification and extension of
7prior orders of protection shall be in accordance with this
8Act.
9    (b) Remedies and standards. The remedies to be included in
10an order of protection shall be determined in accordance with
11this Section and one of the following Sections, as appropriate:
12Section 217 on emergency orders, Section 218 on interim orders,
13and Section 219 on plenary orders. The remedies listed in this
14subsection shall be in addition to other civil or criminal
15remedies available to petitioner.
16        (1) Prohibition of abuse, neglect, or exploitation.
17    Prohibit respondent's harassment, interference with
18    personal liberty, intimidation of a dependent, physical
19    abuse, or willful deprivation, neglect or exploitation, as
20    defined in this Act, or stalking of the petitioner, as
21    defined in Section 12-7.3 of the Criminal Code of 1961, if
22    such abuse, neglect, exploitation, or stalking has
23    occurred or otherwise appears likely to occur if not
24    prohibited.
25        (2) Grant of exclusive possession of residence.
26    Prohibit respondent from entering or remaining in any

 

 

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1    residence, household, or premises of the petitioner,
2    including one owned or leased by respondent, if petitioner
3    has a right to occupancy thereof. The grant of exclusive
4    possession of the residence, household, or premises shall
5    not affect title to real property, nor shall the court be
6    limited by the standard set forth in Section 701 of the
7    Illinois Marriage and Dissolution of Marriage Act.
8            (A) Right to occupancy. A party has a right to
9        occupancy of a residence or household if it is solely
10        or jointly owned or leased by that party, that party's
11        spouse, a person with a legal duty to support that
12        party or a minor child in that party's care, or by any
13        person or entity other than the opposing party that
14        authorizes that party's occupancy (e.g., a domestic
15        violence shelter). Standards set forth in subparagraph
16        (B) shall not preclude equitable relief.
17            (B) Presumption of hardships. If petitioner and
18        respondent each has the right to occupancy of a
19        residence or household, the court shall balance (i) the
20        hardships to respondent and any minor child or
21        dependent adult in respondent's care resulting from
22        entry of this remedy with (ii) the hardships to
23        petitioner and any minor child or dependent adult in
24        petitioner's care resulting from continued exposure to
25        the risk of abuse (should petitioner remain at the
26        residence or household) or from loss of possession of

 

 

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1        the residence or household (should petitioner leave to
2        avoid the risk of abuse). When determining the balance
3        of hardships, the court shall also take into account
4        the accessibility of the residence or household.
5        Hardships need not be balanced if respondent does not
6        have a right to occupancy.
7            The balance of hardships is presumed to favor
8        possession by petitioner unless the presumption is
9        rebutted by a preponderance of the evidence, showing
10        that the hardships to respondent substantially
11        outweigh the hardships to petitioner and any minor
12        child or dependent adult in petitioner's care. The
13        court, on the request of petitioner or on its own
14        motion, may order respondent to provide suitable,
15        accessible, alternate housing for petitioner instead
16        of excluding respondent from a mutual residence or
17        household.
18        (3) Stay away order and additional prohibitions. Order
19    respondent to stay away from petitioner or any other person
20    protected by the order of protection, or prohibit
21    respondent from entering or remaining present at
22    petitioner's school, place of employment, or other
23    specified places at times when petitioner is present, or
24    both, if reasonable, given the balance of hardships.
25    Hardships need not be balanced for the court to enter a
26    stay away order or prohibit entry if respondent has no

 

 

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1    right to enter the premises.
2            (A) If an order of protection grants petitioner
3        exclusive possession of the residence, or prohibits
4        respondent from entering the residence, or orders
5        respondent to stay away from petitioner or other
6        protected persons, then the court may allow respondent
7        access to the residence to remove items of clothing and
8        personal adornment used exclusively by respondent,
9        medications, and other items as the court directs. The
10        right to access shall be exercised on only one occasion
11        as the court directs and in the presence of an
12        agreed-upon adult third party or law enforcement
13        officer.
14            (B) When the petitioner and the respondent attend
15        the same public, private, or non-public elementary,
16        middle, or high school, the court when issuing an order
17        of protection and providing relief shall consider the
18        severity of the act, any continuing physical danger or
19        emotional distress to the petitioner, the educational
20        rights guaranteed to the petitioner and respondent
21        under federal and State law, the availability of a
22        transfer of the respondent to another school, a change
23        of placement or a change of program of the respondent,
24        the expense, difficulty, and educational disruption
25        that would be caused by a transfer of the respondent to
26        another school, and any other relevant facts of the

 

 

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1        case. The court may order that the respondent not
2        attend the public, private, or non-public elementary,
3        middle, or high school attended by the petitioner,
4        order that the respondent accept a change of placement
5        or change of program, as determined by the school
6        district or private or non-public school, or place
7        restrictions on the respondent's movements within the
8        school attended by the petitioner. The respondent
9        bears the burden of proving by a preponderance of the
10        evidence that a transfer, change of placement, or
11        change of program of the respondent is not available.
12        The respondent also bears the burden of production with
13        respect to the expense, difficulty, and educational
14        disruption that would be caused by a transfer of the
15        respondent to another school. A transfer, change of
16        placement, or change of program is not unavailable to
17        the respondent solely on the ground that the respondent
18        does not agree with the school district's or private or
19        non-public school's transfer, change of placement, or
20        change of program or solely on the ground that the
21        respondent fails or refuses to consent or otherwise
22        does not take an action required to effectuate a
23        transfer, change of placement, or change of program.
24        When a court orders a respondent to stay away from the
25        public, private, or nonpublic school attended by the
26        petitioner and the respondent requests a transfer to

 

 

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1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. In the
6        event the court order results in a transfer of the
7        minor respondent to another attendance center, a
8        change in the respondent's placement, or a change of
9        the respondent's program, the parents, guardian, or
10        legal custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. The
17        court may order the parents, guardian, or legal
18        custodian of a minor respondent to take certain actions
19        or to refrain from taking certain actions to ensure
20        that the respondent complies with the order. In the
21        event the court orders a transfer of the respondent to
22        another school, the parents, guardian, or legal
23        custodian of the respondent is responsible for
24        transportation and other costs associated with the
25        change of school by the respondent.
26        (4) Counseling. Require or recommend the respondent to

 

 

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1    undergo counseling for a specified duration with a social
2    worker, psychologist, clinical psychologist, psychiatrist,
3    family service agency, alcohol or substance abuse program,
4    mental health center guidance counselor, agency providing
5    services to elders, program designed for domestic violence
6    abusers or any other guidance service the court deems
7    appropriate. The Court may order the respondent in any
8    intimate partner relationship to report to an Illinois
9    Department of Human Services protocol approved partner
10    abuse intervention program for an assessment and to follow
11    all recommended treatment.
12        (5) Physical care and possession of the minor child. In
13    order to protect the minor child from abuse, neglect, or
14    unwarranted separation from the person who has been the
15    minor child's primary caretaker, or to otherwise protect
16    the well-being of the minor child, the court may do either
17    or both of the following: (i) grant petitioner physical
18    care or possession of the minor child, or both, or (ii)
19    order respondent to return a minor child to, or not remove
20    a minor child from, the physical care of a parent or person
21    in loco parentis.
22        If a court finds, after a hearing, that respondent has
23    committed abuse (as defined in Section 103) of a minor
24    child, there shall be a rebuttable presumption that
25    awarding physical care to respondent would not be in the
26    minor child's best interest.

 

 

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1        (6) Temporary legal custody. Award temporary legal
2    custody to petitioner in accordance with this Section, the
3    Illinois Marriage and Dissolution of Marriage Act, the
4    Illinois Parentage Act of 1984, and this State's Uniform
5    Child-Custody Jurisdiction and Enforcement Act.
6        If a court finds, after a hearing, that respondent has
7    committed abuse (as defined in Section 103) of a minor
8    child, there shall be a rebuttable presumption that
9    awarding temporary legal custody to respondent would not be
10    in the child's best interest.
11        (7) Visitation. Determine the visitation rights, if
12    any, of respondent in any case in which the court awards
13    physical care or temporary legal custody of a minor child
14    to petitioner. The court shall restrict or deny
15    respondent's visitation with a minor child if the court
16    finds that respondent has done or is likely to do any of
17    the following: (i) abuse or endanger the minor child during
18    visitation; (ii) use the visitation as an opportunity to
19    abuse or harass petitioner or petitioner's family or
20    household members; (iii) improperly conceal or detain the
21    minor child; or (iv) otherwise act in a manner that is not
22    in the best interests of the minor child. The court shall
23    not be limited by the standards set forth in Section 607.1
24    of the Illinois Marriage and Dissolution of Marriage Act.
25    If the court grants visitation, the order shall specify
26    dates and times for the visitation to take place or other

 

 

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1    specific parameters or conditions that are appropriate. No
2    order for visitation shall refer merely to the term
3    "reasonable visitation".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for visitation,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving in
9    a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for visitation, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for visitation. A person may be
16    approved to supervise visitation only after filing an
17    affidavit accepting that responsibility and acknowledging
18    accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return the
25    child to the custody or care of the petitioner or to permit
26    any court-ordered interview or examination of the child or

 

 

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1    the respondent.
2        (10) Possession of personal property. Grant petitioner
3    exclusive possession of personal property and, if
4    respondent has possession or control, direct respondent to
5    promptly make it available to petitioner, if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the parties own the property jointly; sharing
9        it would risk abuse of petitioner by respondent or is
10        impracticable; and the balance of hardships favors
11        temporary possession by petitioner.
12        If petitioner's sole claim to ownership of the property
13    is that it is marital property, the court may award
14    petitioner temporary possession thereof under the
15    standards of subparagraph (ii) of this paragraph only if a
16    proper proceeding has been filed under the Illinois
17    Marriage and Dissolution of Marriage Act, as now or
18    hereafter amended.
19        No order under this provision shall affect title to
20    property.
21        (11) Protection of property. Forbid the respondent
22    from taking, transferring, encumbering, concealing,
23    damaging or otherwise disposing of any real or personal
24    property, except as explicitly authorized by the court, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

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1            (ii) the parties own the property jointly, and the
2        balance of hardships favors granting this remedy.
3        If petitioner's sole claim to ownership of the property
4    is that it is marital property, the court may grant
5    petitioner relief under subparagraph (ii) of this
6    paragraph only if a proper proceeding has been filed under
7    the Illinois Marriage and Dissolution of Marriage Act, as
8    now or hereafter amended.
9        The court may further prohibit respondent from
10    improperly using the financial or other resources of an
11    aged member of the family or household for the profit or
12    advantage of respondent or of any other person.
13        (11.5) Protection of animals. Grant the petitioner the
14    exclusive care, custody, or control of any animal owned,
15    possessed, leased, kept, or held by either the petitioner
16    or the respondent or a minor child residing in the
17    residence or household of either the petitioner or the
18    respondent and order the respondent to stay away from the
19    animal and forbid the respondent from taking,
20    transferring, encumbering, concealing, harming, or
21    otherwise disposing of the animal.
22        (12) Order for payment of support. Order respondent to
23    pay temporary support for the petitioner or any child in
24    the petitioner's care or custody, when the respondent has a
25    legal obligation to support that person, in accordance with
26    the Illinois Marriage and Dissolution of Marriage Act,

 

 

09700HB0192ham003- 26 -LRB097 03001 AJO 53670 a

1    which shall govern, among other matters, the amount of
2    support, payment through the clerk and withholding of
3    income to secure payment. An order for child support may be
4    granted to a petitioner with lawful physical care or
5    custody of a child, or an order or agreement for physical
6    care or custody, prior to entry of an order for legal
7    custody. Such a support order shall expire upon entry of a
8    valid order granting legal custody to another, unless
9    otherwise provided in the custody order.
10        (13) Order for payment of losses. Order respondent to
11    pay petitioner for losses suffered as a direct result of
12    the abuse, neglect, or exploitation. Such losses shall
13    include, but not be limited to, medical expenses, lost
14    earnings or other support, repair or replacement of
15    property damaged or taken, reasonable attorney's fees,
16    court costs and moving or other travel expenses, including
17    additional reasonable expenses for temporary shelter and
18    restaurant meals.
19            (i) Losses affecting family needs. If a party is
20        entitled to seek maintenance, child support or
21        property distribution from the other party under the
22        Illinois Marriage and Dissolution of Marriage Act, as
23        now or hereafter amended, the court may order
24        respondent to reimburse petitioner's actual losses, to
25        the extent that such reimbursement would be
26        "appropriate temporary relief", as authorized by

 

 

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1        subsection (a)(3) of Section 501 of that Act.
2            (ii) Recovery of expenses. In the case of an
3        improper concealment or removal of a minor child, the
4        court may order respondent to pay the reasonable
5        expenses incurred or to be incurred in the search for
6        and recovery of the minor child, including but not
7        limited to legal fees, court costs, private
8        investigator fees, and travel costs.
9        (14) Prohibition of entry. Prohibit the respondent
10    from entering or remaining in the residence or household
11    while the respondent is under the influence of alcohol or
12    drugs and constitutes a threat to the safety and well-being
13    of the petitioner or the petitioner's children.
14        (14.5) Prohibition of firearm possession.
15            (a) When a complaint is made under a request for an
16        order of protection, that the respondent has
17        threatened or is likely to use firearms illegally
18        against the petitioner, the court shall examine on oath
19        the petitioner, and any witnesses who may be produced.
20        If the court is satisfied that there is any danger of
21        the illegal use of firearms, and the respondent is
22        present in court, it shall issue an order that any
23        firearms and any Firearm Owner's Identification Card
24        in the possession of the respondent, except as provided
25        in subsection (b), be turned over to the local law
26        enforcement agency for safekeeping. If the court is

 

 

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1        satisfied that there is any danger of the illegal use
2        of firearms, and if the respondent is not present in
3        court, the court shall issue a warrant for seizure of
4        any firearm and Firearm Owner's Identification Card in
5        the possession of the respondent, to be kept by the
6        local law enforcement agency for safekeeping, except
7        as provided in subsection (b). The period of
8        safekeeping shall be for a stated period of time not to
9        exceed 2 years. The firearm or firearms and Firearm
10        Owner's Identification Card shall be returned to the
11        respondent at the end of the stated period or at
12        expiration of the order of protection, whichever is
13        sooner.
14            (b) If the respondent is a peace officer as defined
15        in Section 2-13 of the Criminal Code of 1961, the court
16        shall order that any firearms used by the respondent in
17        the performance of his or her duties as a peace officer
18        be surrendered to the chief law enforcement executive
19        of the agency in which the respondent is employed, who
20        shall retain the firearms for safekeeping for the
21        stated period not to exceed 2 years as set forth in the
22        court order.
23            (c) Upon expiration of the period of safekeeping,
24        if the firearms or Firearm Owner's Identification Card
25        cannot be returned to respondent because respondent
26        cannot be located, fails to respond to requests to

 

 

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1        retrieve the firearms, or is not lawfully eligible to
2        possess a firearm, upon petition from the local law
3        enforcement agency, the court may order the local law
4        enforcement agency to destroy the firearms, use the
5        firearms for training purposes, or for any other
6        application as deemed appropriate by the local law
7        enforcement agency; or that the firearms be turned over
8        to a third party who is lawfully eligible to possess
9        firearms, and who does not reside with respondent.
10        (15) Prohibition of access to records. If an order of
11    protection prohibits respondent from having contact with
12    the minor child, or if petitioner's address is omitted
13    under subsection (b) of Section 203, or if necessary to
14    prevent abuse or wrongful removal or concealment of a minor
15    child, the order shall deny respondent access to, and
16    prohibit respondent from inspecting, obtaining, or
17    attempting to inspect or obtain, school or any other
18    records of the minor child who is in the care of
19    petitioner.
20        (16) Order for payment of shelter services. Order
21    respondent to reimburse a shelter providing temporary
22    housing and counseling services to the petitioner for the
23    cost of the services, as certified by the shelter and
24    deemed reasonable by the court.
25        (17) Order for injunctive relief. Enter injunctive
26    relief necessary or appropriate to prevent further abuse of

 

 

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1    a family or household member or further abuse, neglect, or
2    exploitation of a high-risk adult with disabilities or to
3    effectuate one of the granted remedies, if supported by the
4    balance of hardships. If the harm to be prevented by the
5    injunction is abuse or any other harm that one of the
6    remedies listed in paragraphs (1) through (16) of this
7    subsection is designed to prevent, no further evidence is
8    necessary that the harm is an irreparable injury.
9    (c) Relevant factors; findings.
10        (1) In determining whether to grant a specific remedy,
11    other than payment of support, the court shall consider
12    relevant factors, including but not limited to the
13    following:
14            (i) the nature, frequency, severity, pattern and
15        consequences of the respondent's past abuse, neglect
16        or exploitation of the petitioner or any family or
17        household member, including the concealment of his or
18        her location in order to evade service of process or
19        notice, and the likelihood of danger of future abuse,
20        neglect, or exploitation to petitioner or any member of
21        petitioner's or respondent's family or household; and
22            (ii) the danger that any minor child will be abused
23        or neglected or improperly removed from the
24        jurisdiction, improperly concealed within the State or
25        improperly separated from the child's primary
26        caretaker.

 

 

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1        (2) In comparing relative hardships resulting to the
2    parties from loss of possession of the family home, the
3    court shall consider relevant factors, including but not
4    limited to the following:
5            (i) availability, accessibility, cost, safety,
6        adequacy, location and other characteristics of
7        alternate housing for each party and any minor child or
8        dependent adult in the party's care;
9            (ii) the effect on the party's employment; and
10            (iii) the effect on the relationship of the party,
11        and any minor child or dependent adult in the party's
12        care, to family, school, church and community.
13        (3) Subject to the exceptions set forth in paragraph
14    (4) of this subsection, the court shall make its findings
15    in an official record or in writing, and shall at a minimum
16    set forth the following:
17            (i) That the court has considered the applicable
18        relevant factors described in paragraphs (1) and (2) of
19        this subsection.
20            (ii) Whether the conduct or actions of respondent,
21        unless prohibited, will likely cause irreparable harm
22        or continued abuse.
23            (iii) Whether it is necessary to grant the
24        requested relief in order to protect petitioner or
25        other alleged abused persons.
26        (4) For purposes of issuing an ex parte emergency order

 

 

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1    of protection, the court, as an alternative to or as a
2    supplement to making the findings described in paragraphs
3    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
4    the following procedure:
5        When a verified petition for an emergency order of
6    protection in accordance with the requirements of Sections
7    203 and 217 is presented to the court, the court shall
8    examine petitioner on oath or affirmation. An emergency
9    order of protection shall be issued by the court if it
10    appears from the contents of the petition and the
11    examination of petitioner that the averments are
12    sufficient to indicate abuse by respondent and to support
13    the granting of relief under the issuance of the emergency
14    order of protection.
15        (5) Never married parties. No rights or
16    responsibilities for a minor child born outside of marriage
17    attach to a putative father until a father and child
18    relationship has been established under the Illinois
19    Parentage Act of 1984, the Illinois Public Aid Code,
20    Section 12 of the Vital Records Act, the Juvenile Court Act
21    of 1987, the Probate Act of 1985, the Revised Uniform
22    Reciprocal Enforcement of Support Act, the Uniform
23    Interstate Family Support Act, the Expedited Child Support
24    Act of 1990, any judicial, administrative, or other act of
25    another state or territory, any other Illinois statute, or
26    by any foreign nation establishing the father and child

 

 

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1    relationship, any other proceeding substantially in
2    conformity with the Personal Responsibility and Work
3    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
4    or where both parties appeared in open court or at an
5    administrative hearing acknowledging under oath or
6    admitting by affirmation the existence of a father and
7    child relationship. Absent such an adjudication, finding,
8    or acknowledgement, no putative father shall be granted
9    temporary custody of the minor child, visitation with the
10    minor child, or physical care and possession of the minor
11    child, nor shall an order of payment for support of the
12    minor child be entered.
13    (d) Balance of hardships; findings. If the court finds that
14the balance of hardships does not support the granting of a
15remedy governed by paragraph (2), (3), (10), (11), or (16) of
16subsection (b) of this Section, which may require such
17balancing, the court's findings shall so indicate and shall
18include a finding as to whether granting the remedy will result
19in hardship to respondent that would substantially outweigh the
20hardship to petitioner from denial of the remedy. The findings
21shall be an official record or in writing.
22    (e) Denial of remedies. Denial of any remedy shall not be
23based, in whole or in part, on evidence that:
24        (1) Respondent has cause for any use of force, unless
25    that cause satisfies the standards for justifiable use of
26    force provided by Article VII of the Criminal Code of 1961;

 

 

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1        (2) Respondent was voluntarily intoxicated;
2        (3) Petitioner acted in self-defense or defense of
3    another, provided that, if petitioner utilized force, such
4    force was justifiable under Article VII of the Criminal
5    Code of 1961;
6        (4) Petitioner did not act in self-defense or defense
7    of another;
8        (5) Petitioner left the residence or household to avoid
9    further abuse, neglect, or exploitation by respondent;
10        (6) Petitioner did not leave the residence or household
11    to avoid further abuse, neglect, or exploitation by
12    respondent;
13        (7) Conduct by any family or household member excused
14    the abuse, neglect, or exploitation by respondent, unless
15    that same conduct would have excused such abuse, neglect,
16    or exploitation if the parties had not been family or
17    household members.
18(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,
19eff. 1-1-10; 96-1239, eff. 1-1-11.)
 
20    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
21    (Text of Section before amendment by P.A. 96-1551)
22    Sec. 223. Enforcement of orders of protection.
23    (a) When violation is crime. A violation of any order of
24protection, whether issued in a civil or criminal proceeding,
25shall be enforced by a criminal court when:

 

 

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1        (1) The respondent commits the crime of violation of an
2    order of protection pursuant to Section 12-30 of the
3    Criminal Code of 1961, by having knowingly violated:
4            (i) remedies described in paragraphs (1), (2),
5        (3), (14), or (14.5) of subsection (b) of Section 214
6        of this Act; or
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraphs (1), (2),
9        (3), (14), and (14.5) of subsection (b) of Section 214
10        of this Act, in a valid order of protection which is
11        authorized under the laws of another state, tribe, or
12        United States territory; or
13            (iii) any other remedy when the act constitutes a
14        crime against the protected parties as defined by the
15        Criminal Code of 1961.
16        Prosecution for a violation of an order of protection
17    shall not bar concurrent prosecution for any other crime,
18    including any crime that may have been committed at the
19    time of the violation of the order of protection; or
20        (2) The respondent commits the crime of child abduction
21    pursuant to Section 10-5 of the Criminal Code of 1961, by
22    having knowingly violated:
23            (i) remedies described in paragraphs (5), (6) or
24        (8) of subsection (b) of Section 214 of this Act; or
25            (ii) a remedy, which is substantially similar to
26        the remedies authorized under paragraphs (5), (6), or

 

 

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1        (8) of subsection (b) of Section 214 of this Act, in a
2        valid order of protection which is authorized under the
3        laws of another state, tribe, or United States
4        territory.
5    (b) When violation is contempt of court. A violation of any
6valid Illinois order of protection, whether issued in a civil
7or criminal proceeding, may be enforced through civil or
8criminal contempt procedures, as appropriate, by any court with
9jurisdiction, regardless where the act or acts which violated
10the order of protection were committed, to the extent
11consistent with the venue provisions of this Act. Nothing in
12this Act shall preclude any Illinois court from enforcing any
13valid order of protection issued in another state. Illinois
14courts may enforce orders of protection through both criminal
15prosecution and contempt proceedings, unless the action which
16is second in time is barred by collateral estoppel or the
17constitutional prohibition against double jeopardy.
18        (1) In a contempt proceeding where the petition for a
19    rule to show cause sets forth facts evidencing an immediate
20    danger that the respondent will flee the jurisdiction,
21    conceal a child, or inflict physical abuse on the
22    petitioner or minor children or on dependent adults in
23    petitioner's care, the court may order the attachment of
24    the respondent without prior service of the rule to show
25    cause or the petition for a rule to show cause. Bond shall
26    be set unless specifically denied in writing.

 

 

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1        (2) A petition for a rule to show cause for violation
2    of an order of protection shall be treated as an expedited
3    proceeding.
4    (b-1) The court shall not hold a school district or private
5or non-public school or any of its employees in civil or
6criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8    (b-2) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Act for conduct of the minor respondent in violation of
12this Act if the parents, guardian, or legal custodian directed,
13encouraged, or assisted the respondent minor in such conduct.
14    (c) Violation of custody or support orders. A violation of
15remedies described in paragraphs (5), (6), (8), or (9) of
16subsection (b) of Section 214 of this Act may be enforced by
17any remedy provided by Section 611 of the Illinois Marriage and
18Dissolution of Marriage Act. The court may enforce any order
19for support issued under paragraph (12) of subsection (b) of
20Section 214 in the manner provided for under Parts V and VII of
21the Illinois Marriage and Dissolution of Marriage Act.
22    (d) Actual knowledge. An order of protection 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 210.

 

 

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1        (2) By notice under Section 210.1 or 211.
2        (3) By service of an order of protection under Section
3    222.
4        (4) By other means demonstrating actual knowledge of
5    the contents of the order.
6    (e) The enforcement of an order of protection in civil or
7criminal court shall not be affected by either of the
8following:
9        (1) The existence of a separate, correlative order,
10    entered under Section 215.
11        (2) Any finding or order entered in a conjoined
12    criminal proceeding.
13    (f) Circumstances. The court, when determining whether or
14not a violation of an order of protection has occurred, shall
15not require physical manifestations of abuse on the person of
16the victim.
17    (g) 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 subsections (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 order of protection over any penalty previously
8        imposed by any court for respondent's violation of any
9        order of protection or penal statute involving
10        petitioner as victim and respondent as defendant;
11            (ii) impose a minimum penalty of 24 hours
12        imprisonment for respondent's first violation of any
13        order of protection; and
14            (iii) impose a minimum penalty of 48 hours
15        imprisonment for respondent's second or subsequent
16        violation of an order of protection
17    unless the court explicitly finds that an increased penalty
18    or that period of imprisonment would be manifestly unjust.
19        (4) In addition to any other penalties imposed for a
20    violation of an order of protection, a criminal court may
21    consider evidence of any violations of an order of
22    protection:
23            (i) to increase, revoke or modify the bail bond on
24        an underlying criminal charge pursuant to Section
25        110-6 of the Code of Criminal Procedure of 1963;
26            (ii) to revoke or modify an order of probation,

 

 

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1        conditional discharge or supervision, pursuant to
2        Section 5-6-4 of the Unified Code of Corrections;
3            (iii) to revoke or modify a sentence of periodic
4        imprisonment, pursuant to Section 5-7-2 of the Unified
5        Code of Corrections.
6        (5) In addition to any other penalties, the court shall
7    impose an additional fine of $20 as authorized by Section
8    5-9-1.11 of the Unified Code of Corrections upon any person
9    convicted of or placed on supervision for a violation of an
10    order of protection. The additional fine shall be imposed
11    for each violation of this Section.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (Text of Section after amendment by P.A. 96-1551)
14    Sec. 223. Enforcement of orders of protection.
15    (a) When violation is crime. A violation of any order of
16protection, whether issued in a civil or criminal proceeding,
17shall be enforced by a criminal court when:
18        (1) The respondent commits the crime of violation of an
19    order of protection pursuant to Section 12-3.4 or 12-30 of
20    the Criminal Code of 1961, by having knowingly violated:
21            (i) remedies described in paragraphs (1), (2),
22        (3), (14), or (14.5) of subsection (b) of Section 214
23        of this Act; or
24            (ii) a remedy, which is substantially similar to
25        the remedies authorized under paragraphs (1), (2),

 

 

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1        (3), (14), and (14.5) of subsection (b) of Section 214
2        of this Act, in a valid order of protection which is
3        authorized under the laws of another state, tribe, or
4        United States territory; or
5            (iii) any other remedy when the act constitutes a
6        crime against the protected parties as defined by the
7        Criminal Code of 1961.
8        Prosecution for a violation of an order of protection
9    shall not bar concurrent prosecution for any other crime,
10    including any crime that may have been committed at the
11    time of the violation of the order of protection; or
12        (2) The respondent commits the crime of child abduction
13    pursuant to Section 10-5 of the Criminal Code of 1961, by
14    having knowingly violated:
15            (i) remedies described in paragraphs (5), (6) or
16        (8) of subsection (b) of Section 214 of this Act; or
17            (ii) a remedy, which is substantially similar to
18        the remedies authorized under paragraphs (5), (6), or
19        (8) of subsection (b) of Section 214 of this Act, in a
20        valid order of protection which is authorized under the
21        laws of another state, tribe, or United States
22        territory.
23    (b) When violation is contempt of court. A violation of any
24valid Illinois order of protection, whether issued in a civil
25or criminal proceeding, may be enforced through civil or
26criminal contempt procedures, as appropriate, by any court with

 

 

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1jurisdiction, regardless where the act or acts which violated
2the order of protection were committed, to the extent
3consistent with the venue provisions of this Act. Nothing in
4this Act shall preclude any Illinois court from enforcing any
5valid order of protection issued in another state. Illinois
6courts may enforce orders of protection through both criminal
7prosecution and contempt proceedings, unless the action which
8is second in time is barred by collateral estoppel or the
9constitutional prohibition against double jeopardy.
10        (1) In a contempt proceeding where the petition for a
11    rule to show cause sets forth facts evidencing an immediate
12    danger that the respondent will flee the jurisdiction,
13    conceal a child, or inflict physical abuse on the
14    petitioner or minor children or on dependent adults in
15    petitioner's care, the court may order the attachment of
16    the respondent without prior service of the rule to show
17    cause or the petition for a rule to show cause. Bond shall
18    be set unless specifically denied in writing.
19        (2) A petition for a rule to show cause for violation
20    of an order of protection shall be treated as an expedited
21    proceeding.
22    (b-1) The court shall not hold a school district or private
23or non-public school or any of its employees in civil or
24criminal contempt unless the school district or private or
25non-public school has been allowed to intervene.
26    (b-2) The court may hold the parents, guardian, or legal

 

 

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1custodian of a minor respondent in civil or criminal contempt
2for a violation of any provision of any order entered under
3this Act for conduct of the minor respondent in violation of
4this Act if the parents, guardian, or legal custodian directed,
5encouraged, or assisted the respondent minor in such conduct.
6    (c) Violation of custody or support orders. A violation of
7remedies described in paragraphs (5), (6), (8), or (9) of
8subsection (b) of Section 214 of this Act may be enforced by
9any remedy provided by Section 611 of the Illinois Marriage and
10Dissolution of Marriage Act. The court may enforce any order
11for support issued under paragraph (12) of subsection (b) of
12Section 214 in the manner provided for under Parts V and VII of
13the Illinois Marriage and Dissolution of Marriage Act.
14    (d) Actual knowledge. An order of protection may be
15enforced pursuant to this Section if the respondent violates
16the order after the respondent has actual knowledge of its
17contents as shown through one of the following means:
18        (1) By service, delivery, or notice under Section 210.
19        (2) By notice under Section 210.1 or 211.
20        (3) By service of an order of protection under Section
21    222.
22        (4) By other means demonstrating actual knowledge of
23    the contents of the order.
24    (e) The enforcement of an order of protection in civil or
25criminal court shall not be affected by either of the
26following:

 

 

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1        (1) The existence of a separate, correlative order,
2    entered under Section 215.
3        (2) Any finding or order entered in a conjoined
4    criminal proceeding.
5    (f) Circumstances. The court, when determining whether or
6not a violation of an order of protection has occurred, shall
7not require physical manifestations of abuse on the person of
8the victim.
9    (g) Penalties.
10        (1) Except as provided in paragraph (3) of this
11    subsection, where the court finds the commission of a crime
12    or contempt of court under subsections (a) or (b) of this
13    Section, the penalty shall be the penalty that generally
14    applies in such criminal or contempt proceedings, and may
15    include one or more of the following: incarceration,
16    payment of restitution, a fine, payment of attorneys' fees
17    and costs, or community service.
18        (2) The court shall hear and take into account evidence
19    of any factors in aggravation or mitigation before deciding
20    an appropriate penalty under paragraph (1) of this
21    subsection.
22        (3) To the extent permitted by law, the court is
23    encouraged to:
24            (i) increase the penalty for the knowing violation
25        of any order of protection over any penalty previously
26        imposed by any court for respondent's violation of any

 

 

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1        order of protection or penal statute involving
2        petitioner as victim and respondent as defendant;
3            (ii) impose a minimum penalty of 24 hours
4        imprisonment for respondent's first violation of any
5        order of protection; and
6            (iii) impose a minimum penalty of 48 hours
7        imprisonment for respondent's second or subsequent
8        violation of an order of protection
9    unless the court explicitly finds that an increased penalty
10    or that period of imprisonment would be manifestly unjust.
11        (4) In addition to any other penalties imposed for a
12    violation of an order of protection, a criminal court may
13    consider evidence of any violations of an order of
14    protection:
15            (i) to increase, revoke or modify the bail bond on
16        an underlying criminal charge pursuant to Section
17        110-6 of the Code of Criminal Procedure of 1963;
18            (ii) to revoke or modify an order of probation,
19        conditional discharge or supervision, pursuant to
20        Section 5-6-4 of the Unified Code of Corrections;
21            (iii) to revoke or modify a sentence of periodic
22        imprisonment, pursuant to Section 5-7-2 of the Unified
23        Code of Corrections.
24        (5) In addition to any other penalties, the court shall
25    impose an additional fine of $20 as authorized by Section
26    5-9-1.11 of the Unified Code of Corrections upon any person

 

 

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1    convicted of or placed on supervision for a violation of an
2    order of protection. The additional fine shall be imposed
3    for each violation of this Section.
4(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)".