State of Illinois
92nd General Assembly
Legislation

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92_HB3314sam001

 










                                             LRB9206112RCsbam

 1                    AMENDMENT TO HOUSE BILL 3314

 2        AMENDMENT NO.     .  Amend House Bill 3314 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

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

 8        (725 ILCS 5/112A-17.5 new)
 9        Sec. 112A-17.5.  Notice of orders.
10        (a)  Entry  and issuance. When a person is charged with a
11    criminal offense and released on bond and the victim  of  the
12    offense  is a family or household member and the condition of
13    the bond is  that  the  defendant  refrain  from  contact  or
14    communications  with  the  victim  for a minimum period of 72
15    hours following the  defendant's  release  and  refrain  from
16    entering or remaining at the victim's residence for a minimum
17    period  of  72 hours following the defendant's release or any
18    other conditions restricting contact with the victim  as  the
19    court  imposes,  the  clerk shall immediately, or on the next
20    court day, enter the order on  the  record  and  file  it  in
21    accordance  with  circuit court procedures and provide a file
 
                            -2-              LRB9206112RCsbam
 1    stamped copy of the order to defendant, if  present,  and  to
 2    the victim, if present.
 3        (b)  No  Contact  with  family  victim  orders. The court
 4    order shall include the following information:
 5             (1)  the court case number.
 6             (2)  the issue date of the order.
 7             (3)  the expiration date of the order, not to exceed
 8        2 years.
 9             (4)  the defendant's name, sex, race, date of birth,
10        height, weight, hair, and eye color.
11             (5)  the  conditions  of  bond,  including  specific
12        remedy.
13             (6)  the victim's name.
14             (7)  the protected person's name.
15             (8)  the protected person's address.
16        (c)  Filing with sheriff. The  clerk  of  the  judge  who
17    issued  the  order  shall,  on the same day that the order is
18    issued, file a certified copy of that order with the sheriff.
19        (d)  Service by sheriff. Unless the defendant was present
20    in court when the order was issued, the  sheriff,  other  law
21    enforcement   official,   or  special  process  server  shall
22    promptly serve that order upon the defendant and  file  proof
23    of  that  service,  in  the  manner  provided  for service of
24    process.

25        (725 ILCS 5/112A-28.5 new)
26        Sec. 112A-28.5.  Entry of orders into LEADS.
27        (a)  The Department of State Police shall enter into  the
28    Law  Enforcement Agencies Data System (LEADS) the  no contact
29    with family victim order information.  The  LEADS  file  must
30    include  the  name  and  address  of each person who has been
31    charged with a criminal offense in which the  victim  of  the
32    offense  is  a  family  or  household member and who has been
33    released on bond in which the condition of the bond  is  that
 
                            -3-              LRB9206112RCsbam
 1    the  defendant refrain from contact or communication with the
 2    victim for  a  minimum  period  of  72  hours  following  the
 3    defendant's release and refrain from entering or remaining at
 4    the  victim's  residence  for  a  minimum  period of 72 hours
 5    following the defendant's release  or  any  other  conditions
 6    restricting contact with the victim as the court imposes.
 7        (b)  The  sheriff  shall enter the no contact with family
 8    victim order into LEADS as soon as possible  after  receiving
 9    the  order.  The order must be entered into LEADS on the same
10    day the sheriff receives the order.
11        (c)  Retention. The information must be retained in LEADS
12    in a history file for 90 days after the  expiration  date  of
13    the   no   contact   with  family  victim  order  before  the
14    information may be removed from the LEADS file.

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

17        (750 ILCS 60/217.5 new)
18        Sec. 217.5. Notice of orders.
19        (a)  Entry  and issuance. When a person is charged with a
20    criminal offense and released on bond and the victim  of  the
21    offense  is a family or household member and the condition of
22    the bond is  that  the  defendant  refrain  from  contact  or
23    communications  with  the  victim  for a minimum period of 72
24    hours following the  defendant's  release  and  refrain  from
25    entering or remaining at the victim's residence for a minimum
26    period  of  72 hours following the defendant's release or any
27    other conditions restricting contact with the victim  as  the
28    court  imposes,  the  clerk shall immediately, or on the next
29    court day, enter the order on  the  record  and  file  it  in
30    accordance  with  circuit court procedures and provide a file
31    stamped copy of the order to defendant, if  present,  and  to
32    the victim, if present.
 
                            -4-              LRB9206112RCsbam
 1        (b)  No  Contact  with  family  victim  orders. The court
 2    order shall include the following information:
 3             (1)  the court case number.
 4             (2)  the issue date of the order.
 5             (3)  the expiration date of the order, not to exceed
 6        2 years.
 7             (4)  the defendant's name, sex, race, date of birth,
 8        height, weight, hair, and eye color.
 9             (5)  the  conditions  of  bond,  including  specific
10        remedy.
11             (6)  the victim's name.
12             (7)  the protected person's name.
13             (8)  the protected person's address.
14        (c)  Filing with sheriff. The  clerk  of  the  judge  who
15    issued  the  order  shall,  on the same day that the order is
16    issued, file a certified copy of that order with the sheriff.
17        (d)  Service by sheriff. Unless the defendant was present
18    in court when the order was issued, the  sheriff,  other  law
19    enforcement   official,   or  special  process  server  shall
20    promptly serve that order upon the defendant and  file  proof
21    of  that  service,  in  the  manner  provided  for service of
22    process.

23        (750 ILCS 60/302.5 new)
24        Sec. 302.5. Entry of orders into LEADS.
25        (a)  The Department of State Police shall enter into  the
26    Law  Enforcement Agencies Data System (LEADS) the  no contact
27    with family victim order information.  The  LEADS  file  must
28    include  the  name  and  address  of each person who has been
29    charged with a criminal offense in which the  victim  of  the
30    offense  is  a  family  or  household member and who has been
31    released on bond in which the condition of the bond  is  that
32    the  defendant refrain from contact or communication with the
33    victim for  a  minimum  period  of  72  hours  following  the
 
                            -5-              LRB9206112RCsbam
 1    defendant's release and refrain from entering or remaining at
 2    the  victim's  residence  for  a  minimum  period of 72 hours
 3    following the defendant's release  or  any  other  conditions
 4    restricting contact with the victim as the court imposes.
 5        (b)  The  sheriff  shall enter the no contact with family
 6    victim order into LEADS as soon as possible  after  receiving
 7    the  order.  The order must be entered into LEADS on the same
 8    day the sheriff receives the order.
 9        (c)  Retention. The information must be retained in LEADS
10    in a history file for 90 days after the  expiration  date  of
11    the   no   contact   with  family  victim  order  before  the
12    information may be removed from the LEADS file.

13        Section 99. Effective date.  This Act takes  effect  July
14    1, 2002.".

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