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| [ House Amendment 001 ] |
90_HB2167
720 ILCS 5/12-1 from Ch. 38, par. 12-1
720 ILCS 5/12-30 from Ch. 38, par. 12-30
750 ILCS 60/223 from Ch. 40, par. 2312-23
Amends the Criminal Code of 1961 and the Illinois
Domestic Violence Act of 1986. Provides that the court shall
authorize the county to charge a defendant, who is ordered to
perform community service for assault or a violation of an
order of protection, for the costs of the community service
based upon the person's ability to pay for those costs. Also
requires the court to require a person convicted of or placed
on supervision for violation of an order of protection to
perform community service if available.
LRB9004691RCks
LRB9004691RCks
1 AN ACT in relation to community service, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-1 and 12-30 as follows:
7 (720 ILCS 5/12-1) (from Ch. 38, par. 12-1)
8 Sec. 12-1. Assault.
9 (a) A person commits an assault when, without lawful
10 authority, he engages in conduct which places another in
11 reasonable apprehension of receiving a battery.
12 (b) Sentence. Assault is a Class C misdemeanor.
13 (c) In addition to any other sentence that may be
14 imposed, a court shall order any person convicted of assault
15 to perform community service for not less than 30 and not
16 more than 120 hours, if community service is available in the
17 jurisdiction and is funded and approved by the county board
18 of the county where the offense was committed. In addition,
19 whenever any person is placed on supervision for an alleged
20 offense under this Section, the supervision shall be
21 conditioned upon the performance of the community service.
22 The court shall authorize the county to charge a person
23 convicted of or placed on supervision for assault for the
24 costs of the community service based upon the administration
25 of the program and the person's ability to pay for those
26 costs.
27 This subsection does not apply when the court imposes a
28 sentence of incarceration.
29 (Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
30 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
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1 Sec. 12-30. Violation of an order of protection.
2 (a) A person commits violation of an order of protection
3 if he or she:
4 (1) Commits an act which was prohibited by a court
5 or fails to commit an act which was ordered by a court in
6 violation of a remedy in a valid order of protection
7 authorized under paragraphs (1), (2), (3), or (14) of
8 subsection (b) of Section 214 of the Illinois Domestic
9 Violence Act of 1986, or any other remedy when the act
10 constitutes a crime against the protected parties as the
11 term protected parties is defined in Section 112A-4 of
12 the Code of Criminal Procedure of 1963.
13 (2) Such violation occurs after the offender has
14 been served notice of the contents of the order, pursuant
15 to the Illinois Domestic Violence Act, or otherwise has
16 acquired actual knowledge of the contents of the order.
17 (b) For purposes of this Section, an "order of
18 protection" may have been issued by any circuit or associate
19 judge in the State of Illinois in a criminal or civil
20 proceeding.
21 (c) Nothing in this Section shall be construed to
22 diminish the inherent authority of the courts to enforce
23 their lawful orders through civil or criminal contempt
24 proceedings.
25 (d) Violation of an order of protection under subsection
26 (a) of this Section is a Class A misdemeanor. A second or
27 subsequent offense is a Class 4 felony. The court shall
28 impose a minimum penalty of 24 hours imprisonment for
29 defendant's second or subsequent violation of any order of
30 protection; unless the court explicitly finds that an
31 increased penalty or such period of imprisonment would be
32 manifestly unjust. In addition to any other penalties, the
33 court may order the defendant to pay a fine as authorized
34 under Section 5-9-1 of the Unified Code of Corrections or to
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1 make restitution to the victim under Section 5-5-6 of the
2 Unified Code of Corrections. In addition to any other
3 sentence that may be imposed, a court shall order any person
4 convicted of violation of an order of protection to perform
5 community service for not less than 30 and not more than 120
6 hours, if community service is available in the jurisdiction
7 and is funded and approved by the county board of the county
8 where the offense was committed. In addition, whenever any
9 person is placed on supervision for an alleged offense under
10 this Section, the supervision shall be conditional upon the
11 performance of the community service. The court shall
12 authorize the county to charge a person convicted of
13 violation of an order of protection for the costs of the
14 community service based upon the person's ability to pay for
15 those costs. This subsection does not apply when the court
16 imposes a sentence of incarceration.
17 (Source: P.A. 88-430; 88-467; 88-670, eff. 12-2-94.)
18 Section 10. The Illinois Domestic Violence Act of 1986
19 is amended by changing Section 223 as follows:
20 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
21 Sec. 223. Enforcement of orders of protection.
22 (a) When violation is crime. A violation of any order of
23 protection, whether issued in a civil or criminal proceeding,
24 may be enforced by a criminal court when:
25 (1) The respondent commits the crime of violation
26 of order of protection pursuant to Section 12-30 of the
27 Criminal Code of 1961, by having knowingly violated
28 remedies described in paragraphs (1), (2), (3), or (14)
29 of subsection (b) of Section 214 of this Act or any other
30 remedy when the act constitutes a crime against the
31 protected parties as defined by the Criminal Code of
32 1961. Prosecution for a violation of an order of
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1 protection shall not bar concurrent prosecution for any
2 other crime, including any crime that may have been
3 committed at the time of the violation of the order of
4 protection; or
5 (2) The respondent commits the crime of child
6 abduction pursuant to Section 10-5 of the Criminal Code
7 of 1961, by having knowingly violated remedies described
8 in paragraphs (5), (6) or (8) of subsection (b) of
9 Section 214 of this Act.
10 (b) When violation is contempt of court. A violation of
11 any valid Illinois order of protection, whether issued in a
12 civil or criminal proceeding, may be enforced through civil
13 or criminal contempt procedures, as appropriate, by any court
14 with jurisdiction, regardless where the act or acts which
15 violated the order of protection were committed, to the
16 extent consistent with the venue provisions of this Act.
17 Nothing in this Act shall preclude any Illinois court from
18 enforcing any valid order of protection issued in another
19 state. Illinois courts may enforce orders of protection
20 through both criminal prosecution and contempt proceedings,
21 unless the action which is second in time is barred by
22 collateral estoppel or the constitutional prohibition against
23 double jeopardy.
24 (1) In a contempt proceeding where the petition for
25 a rule to show cause sets forth facts evidencing an
26 immediate danger that the respondent will flee the
27 jurisdiction, conceal a child, or inflict physical abuse
28 on the petitioner or minor children or on dependent
29 adults in petitioner's care, the court may order the
30 attachment of the respondent without prior service of the
31 rule to show cause or the petition for a rule to show
32 cause. Bond shall be set unless specifically denied in
33 writing.
34 (2) A petition for a rule to show cause for
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1 violation of an order of protection shall be treated as
2 an expedited proceeding.
3 (c) Violation of custody or support orders. A violation
4 of remedies described in paragraphs (5), (6), (8), or (9) of
5 subsection (b) of Section 214 of this Act may be enforced by
6 any remedy provided by Section 611 of the Illinois Marriage
7 and Dissolution of Marriage Act. The court may enforce any
8 order for support issued under paragraph (12) of subsection
9 (b) of Section 214 in the manner provided for under Articles
10 V and VII of the Illinois Marriage and Dissolution of
11 Marriage Act.
12 (d) Actual knowledge. An order of protection may be
13 enforced pursuant to this Section if the respondent violates
14 the order after the respondent has actual knowledge of its
15 contents as shown through one of the following means:
16 (1) By service, delivery, or notice under Section
17 210.
18 (2) By notice under Section 210.1 or 211.
19 (3) By service of an order of protection under
20 Section 222.
21 (4) By other means demonstrating actual knowledge
22 of the contents of the order.
23 (e) The enforcement of an order of protection in civil
24 or criminal court shall not be affected by either of the
25 following:
26 (1) The existence of a separate, correlative order,
27 entered under Section 215.
28 (2) Any finding or order entered in a conjoined
29 criminal proceeding.
30 (f) Circumstances. The court, when determining whether
31 or not a violation of an order of protection has occurred,
32 shall not require physical manifestations of abuse on the
33 person of the victim.
34 (g) Penalties.
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1 (1) Except as provided in paragraph (3) of this
2 subsection, where the court finds the commission of a
3 crime or contempt of court under subsections (a) or (b)
4 of this Section, the penalty shall be the penalty that
5 generally applies in such criminal or contempt
6 proceedings, and may include one or more of the
7 following: incarceration, payment of restitution, a fine,
8 payment of attorneys' fees and costs, or community
9 service.
10 (2) The court shall hear and take into account
11 evidence of any factors in aggravation or mitigation
12 before deciding an appropriate penalty under paragraph
13 (1) of this subsection.
14 (3) To the extent permitted by law, the court is
15 encouraged to:
16 (i) increase the penalty for the knowing
17 violation of any order of protection over any
18 penalty previously imposed by any court for
19 respondent's violation of any order of protection or
20 penal statute involving petitioner as victim and
21 respondent as defendant;
22 (ii) impose a minimum penalty of 24 hours
23 imprisonment for respondent's first violation of any
24 order of protection; and
25 (iii) impose a minimum penalty of 48 hours
26 imprisonment for respondent's second or subsequent
27 violation of an order of protection
28 unless the court explicitly finds that an increased
29 penalty or that period of imprisonment would be
30 manifestly unjust.
31 (3.5) In addition to any other sentence that may be
32 imposed, a court shall order any person convicted of
33 violation of an order of protection to perform community
34 service for not less than 30 and not more than 120 hours,
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1 if community service is available in the jurisdiction and
2 is funded and approved by the county board of the county
3 where the offense was committed. In addition, whenever
4 any person is placed on supervision for an alleged
5 offense under this Section, the supervision shall be
6 conditional upon the performance of the community
7 service. The court shall authorize the county to charge
8 a person convicted of violation of an order of protection
9 for the costs of the community service based upon the
10 person's ability to pay for those costs.
11 This subsection does not apply when the court imposes a
12 sentence of incarceration.
13 (4) In addition to any other penalties imposed for
14 a violation of an order of protection, a criminal court
15 may consider evidence of any violations of an order of
16 protection:
17 (i) to increase, revoke or modify the bail
18 bond on an underlying criminal charge pursuant to
19 Section 110-6 of the Code of Criminal Procedure of
20 1963;
21 (ii) to revoke or modify an order of
22 probation, conditional discharge or supervision,
23 pursuant to Section 5-6-4 of the Unified Code of
24 Corrections;
25 (iii) to revoke or modify a sentence of
26 periodic imprisonment, pursuant to Section 5-7-2 of
27 the Unified Code of Corrections.
28 (Source: P.A. 86-1300; 87-743; 87-1186.)