Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0184


 

Public Act 0184 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0184
 
HB0734 EnrolledLRB102 11400 KMF 16733 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-20 and 112A-23 as follows:
 
    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
    Sec. 112A-20. Duration and extension of final protective
orders.
    (a) (Blank).
    (b) A final protective order shall remain in effect as
follows:
        (1) if entered during pre-trial release, until
    disposition, withdrawal, or dismissal of the underlying
    charge; if, however, the case is continued as an
    independent cause of action, the order's duration may be
    for a fixed period of time not to exceed 2 years;
        (2) if in effect in conjunction with a bond forfeiture
    warrant, until final disposition or an additional period
    of time not exceeding 2 years; no domestic violence order
    of protection, however, shall be terminated by a dismissal
    that is accompanied by the issuance of a bond forfeiture
    warrant;
        (3) until 2 years after the expiration of any
    supervision, conditional discharge, probation, periodic
    imprisonment, parole, aftercare release, or mandatory
    supervised release for domestic violence orders of
    protection and civil no contact orders; or
        (4) until 2 years after the date set by the court for
    expiration of any sentence of imprisonment and subsequent
    parole, aftercare release, or mandatory supervised release
    for domestic violence orders of protection and civil no
    contact orders; and
        (5) permanent for a stalking no contact order if a
    judgment of conviction for stalking is entered; or .
        (6) permanent for a civil no contact order at the
    victim's request if a judgment of conviction for criminal
    sexual assault, aggravated criminal sexual assault,
    criminal sexual abuse, excluding a conviction under
    subsection (c) of Section 11-1.50 of the Criminal Code of
    2012, or aggravated criminal sexual abuse is entered.
    (c) Computation of time. The duration of a domestic
violence order of protection shall not be reduced by the
duration of any prior domestic violence order of protection.
    (d) Law enforcement records. When a protective order
expires upon the occurrence of a specified event, rather than
upon a specified date as provided in subsection (b), no
expiration date shall be entered in Department of State Police
records. To remove the protective order from those records,
either the petitioner or the respondent shall request the
clerk of the court to file a certified copy of an order stating
that the specified event has occurred or that the protective
order has been vacated or modified with the sheriff, and the
sheriff shall direct that law enforcement records shall be
promptly corrected in accordance with the filed order.
    (e) Extension of Orders. Any domestic violence order of
protection or civil no contact order that expires 2 years
after the expiration of the defendant's sentence under
paragraph (2), (3), or (4) of subsection (b) of Section
112A-20 of this Article may be extended one or more times, as
required. The petitioner, petitioner's counsel, or the State's
Attorney on the petitioner's behalf shall file the motion for
an extension of the final protective order in the criminal
case and serve the motion in accordance with Supreme Court
Rules 11 and 12. The court shall transfer the motion to the
appropriate court or division for consideration under
subsection (e) of Section 220 of the Illinois Domestic
Violence Act of 1986, subsection (c) of Section 216 of the
Civil No Contact Order Act, or subsection (c) of Section 105 of
the Stalking No Contact Order as appropriate.
    (f) Termination date. Any final protective order which
would expire on a court holiday shall instead expire at the
close of the next court business day.
    (g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for issuing a
protective order undermines the purposes of this Article. This
Section shall not be construed as encouraging that practice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of protective orders.
    (a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of a
    domestic violence order of protection pursuant to Section
    12-3.4 or 12-30 of the Criminal Code of 1961 or the
    Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section
        112A-14 of this Code,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section 214
        of the Illinois Domestic Violence Act of 1986, in a
        valid order of protection, which is authorized under
        the laws of another state, tribe or United States
        territory, or
            (iii) or any other remedy when the act constitutes
        a crime against the protected parties as defined by
        the Criminal Code of 1961 or the Criminal Code of 2012.
        Prosecution for a violation of a domestic violence
    order of protection shall not bar concurrent prosecution
    for any other crime, including any crime that may have
    been committed at the time of the violation of the
    domestic violence order of protection; or
        (2) The respondent commits the crime of child
    abduction pursuant to Section 10-5 of the Criminal Code of
    1961 or the Criminal Code of 2012, by having knowingly
    violated:
            (i) remedies described in paragraphs (5), (6), or
        (8) of subsection (b) of Section 112A-14 of this Code,
        or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (5),
        (6), or (8) of subsection (b) of Section 214 of the
        Illinois Domestic Violence Act of 1986, in a valid
        domestic violence order of protection, which is
        authorized under the laws of another state, tribe or
        United States territory.
        (3) The respondent commits the crime of violation of a
    civil no contact order when the respondent violates
    Section 12-3.8 of the Criminal Code of 2012. Prosecution
    for a violation of a civil no contact order shall not bar
    concurrent prosecution for any other crime, including any
    crime that may have been committed at the time of the
    violation of the civil no contact order.
        (4) The respondent commits the crime of violation of a
    stalking no contact order when the respondent violates
    Section 12-3.9 of the Criminal Code of 2012. Prosecution
    for a violation of a stalking no contact order shall not
    bar concurrent prosecution for any other crime, including
    any crime that may have been committed at the time of the
    violation of the stalking no contact order.
    (b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the protective order were committed, to the extent consistent
with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any
valid protective order issued in another state. Illinois
courts may enforce protective orders through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    rule to show cause sets forth facts evidencing an
    immediate danger that the respondent will flee the
    jurisdiction, conceal a child, or inflict physical abuse
    on the petitioner or minor children or on dependent adults
    in petitioner's care, the court may order the attachment
    of the respondent without prior service of the rule to
    show cause or the petition for a rule to show cause. Bond
    shall be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    of a protective order shall be treated as an expedited
    proceeding.
    (c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection
(b) of Section 112A-14 of this Code may be enforced by any
remedy provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
    (d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after respondent has actual knowledge of its contents as shown
through one of the following means:
        (1) (Blank).
        (2) (Blank).
        (3) By service of a protective order under subsection
    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
        (4) By other means demonstrating actual knowledge of
    the contents of the order.
    (e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
        (1) The existence of a separate, correlative order
    entered under Section 112A-15 of this Code.
        (2) Any finding or order entered in a conjoined
    criminal proceeding.
    (e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
    (f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection (g), where the court finds the commission of a
    crime or contempt of court under subsections (a) or (b) of
    this Section, the penalty shall be the penalty that
    generally applies in such criminal or contempt
    proceedings, and may include one or more of the following:
    incarceration, payment of restitution, a fine, payment of
    attorneys' fees and costs, or community service.
        (2) The court shall hear and take into account
    evidence of any factors in aggravation or mitigation
    before deciding an appropriate penalty under paragraph (1)
    of this subsection (g).
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any protective order over any penalty previously
        imposed by any court for respondent's violation of any
        protective order or penal statute involving petitioner
        as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        protective order; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of a protective order
    unless the court explicitly finds that an increased
    penalty or that period of imprisonment would be manifestly
    unjust.
        (4) In addition to any other penalties imposed for a
    violation of a protective order, a criminal court may
    consider evidence of any violations of a protective order:
            (i) to increase, revoke, or modify the bail bond
        on an underlying criminal charge pursuant to Section
        110-6 of this Code;
            (ii) to revoke or modify an order of probation,
        conditional discharge, or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.
(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
100-597, eff. 6-29-18; revised 7-12-19.)

Effective Date: 1/1/2022