HB0280 EngrossedLRB103 03806 LNS 48812 b


1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The State Finance Act is amended by changing 
5Section 6b-4 as follows:

6 (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
7 Sec. 6b-4. On the second Monday of every month, the 
8Director of Public Health shall certify to the State 
9Comptroller and the State Treasurer the amount generated by 
10the issuance of commemorative birth certificates under 
11subsection (14) of Section 25 of the Vital Records Act in 
12excess of the costs incurred in issuing the documents. Within 
1315 days of receipt of the certification required by this 
14Section, the State Comptroller and the State Treasurer shall 
15transfer from the General Revenue Fund, one-half of the amount 
16certified as being received from the issuance of commemorative 
17birth certificates to the Child Abuse Prevention Fund and 
18one-half of the amount to the Domestic Violence Shelter and 
19Service Fund.
20 The State Treasurer shall deposit into the Domestic 
21Violence Shelter and Service Fund each assessment received 
22under the Criminal and Traffic Assessment Act.
23 In addition to any other amounts deposited into the 
 
 
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1Domestic Violence Shelter and Service Fund, the State 
2Treasurer shall deposit into the Fund all moneys donated to 
3the State by private individuals or entities for purposes for 
4which moneys in the Fund may be used as provided in this 
5paragraph. Subject to appropriation, the Department of Human 
6Services shall use moneys in the Fund to make grants to defray 
7the reasonable and necessary travel expenses of victims of 
8domestic violence who were members of the United States Armed 
9Forces when the domestic violence occurred and who have been 
10discharged from the United States Armed Forces to participate 
11and travel to domestic violence proceedings. Military 
12personnel may qualify for and have access to moneys from the 
13Fund for the purposes set forth in this paragraph. The 
14Department shall adopt rules necessary for making grants under 
15this paragraph. County Veterans Assistance Commissions and 
16organizations described in Section 501(c)(19) of the Internal 
17Revenue Code of 1986 may receive grants under this paragraph. 
18 The State Treasurer shall deposit into the Sexual Assault 
19Services Fund and the Domestic Violence Shelter and Service 
20Fund each of those fines received from circuit clerks under 
21Section 5-9-1.7 of the Unified Code of Corrections in 
22accordance with the provisions of that Section.
23(Source: P.A. 100-987, eff. 7-1-19.)

24 Section 10. The Code of Criminal Procedure of 1963 is 
25amended by changing Sections 112A-6.1 and 112A-23 as follows:

 
 
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1 (725 ILCS 5/112A-6.1)
2 Sec. 112A-6.1. Application of rules of civil procedure; 
3criminal law.
4 (a) Any proceeding to obtain, modify, re-open, or appeal a 
5protective order and service of pleadings and notices shall be 
6governed by the rules of civil procedure of this State. The 
7Code of Civil Procedure and Supreme Court and local court 
8rules applicable to civil proceedings shall apply, except as 
9otherwise provided by law. Civil law on venue, discovery, and 
10penalties for untrue statements shall not apply to protective 
11order proceedings heard under this Article.
12 (b) Criminal law on discovery, venue, and penalties for 
13untrue statements apply to protective order proceedings under 
14this Article.
15 (c) Court proceedings related to the entry of a protective 
16order and the determination of remedies shall not be used to 
17obtain discovery that would not otherwise be available in a 
18criminal prosecution or juvenile delinquency case.
19 (c) The Supreme Court of Illinois may adopt rules that 
20promote the use of attorneys serving on a pro bono basis to 
21represent victims under this Article. 
22(Source: P.A. 100-597, eff. 6-29-18.)

23 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
24 Sec. 112A-23. Enforcement of protective orders. 
 
 
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1 (a) When violation is crime. A violation of any protective 
2order, whether issued in a civil, quasi-criminal proceeding or 
3by a military judge or by a military commander of the United 
4States Armed Forces, shall be enforced by a criminal court 
5when:
6  (1) The respondent commits the crime of violation of a 
7 domestic violence order of protection pursuant to Section 
8 12-3.4 or 12-30 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012, by having knowingly violated:
10   (i) remedies described in paragraph (1), (2), (3), 
11 (14), or (14.5) of subsection (b) of Section 112A-14 
12 of this Code,
13   (ii) a remedy, which is substantially similar to 
14 the remedies authorized under paragraph (1), (2), (3), 
15 (14), or (14.5) of subsection (b) of Section 214 of the 
16 Illinois Domestic Violence Act of 1986, in a valid 
17 order of protection, which is authorized under the 
18 laws of another state, tribe, or United States 
19 territory, or
20   (iii) any other remedy when the act constitutes a 
21 crime against the protected parties as defined by the 
22 Criminal Code of 1961 or the Criminal Code of 2012.
23  Prosecution for a violation of a domestic violence 
24 order of protection shall not bar concurrent prosecution 
25 for any other crime, including any crime that may have 
26 been committed at the time of the violation of the 
 
 
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1 domestic violence order of protection; or
2  (2) The respondent commits the crime of child 
3 abduction pursuant to Section 10-5 of the Criminal Code of 
4 1961 or the Criminal Code of 2012, by having knowingly 
5 violated:
6   (i) remedies described in paragraph (5), (6), or 
7 (8) of subsection (b) of Section 112A-14 of this Code, 
8 or
9   (ii) a remedy, which is substantially similar to 
10 the remedies authorized under paragraph (1), (5), (6), 
11 or (8) of subsection (b) of Section 214 of the Illinois 
12 Domestic Violence Act of 1986, in a valid domestic 
13 violence order of protection, which is authorized 
14 under the laws of another state, tribe, or United 
15 States territory.
16  (3) The respondent commits the crime of violation of a 
17 civil no contact order when the respondent violates 
18 Section 12-3.8 of the Criminal Code of 2012. Prosecution 
19 for a violation of a civil no contact order shall not bar 
20 concurrent prosecution for any other crime, including any 
21 crime that may have been committed at the time of the 
22 violation of the civil no contact order.
23  (4) The respondent commits the crime of violation of a 
24 stalking no contact order when the respondent violates 
25 Section 12-3.9 of the Criminal Code of 2012. Prosecution 
26 for a violation of a stalking no contact order shall not 
 
 
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1 bar concurrent prosecution for any other crime, including 
2 any crime that may have been committed at the time of the 
3 violation of the stalking no contact order. 
4 (b) When violation is contempt of court. A violation of 
5any valid protective order, whether issued in a civil or 
6criminal proceeding or by a military judge or by a military 
7commander of the United States Armed Forces, may be enforced 
8through civil or criminal contempt procedures, as appropriate, 
9by any court with jurisdiction, regardless where the act or 
10acts which violated the protective order were committed, to 
11the extent consistent with the venue provisions of this 
12Article. Nothing in this Article shall preclude any Illinois 
13court from enforcing any valid protective order issued in 
14another state. Illinois courts may enforce protective orders 
15through both criminal prosecution and contempt proceedings, 
16unless the action which is second in time is barred by 
17collateral estoppel or the constitutional prohibition against 
18double jeopardy.
19  (1) In a contempt proceeding where the petition for a 
20 rule to show cause sets forth facts evidencing an 
21 immediate danger that the respondent will flee the 
22 jurisdiction, conceal a child, or inflict physical abuse 
23 on the petitioner or minor children or on dependent adults 
24 in petitioner's care, the court may order the attachment 
25 of the respondent without prior service of the rule to 
26 show cause or the petition for a rule to show cause. Bond 
 
 
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1 shall be set unless specifically denied in writing.
2  (2) A petition for a rule to show cause for violation 
3 of a protective order shall be treated as an expedited 
4 proceeding.
5 (c) Violation of custody, allocation of parental 
6responsibility, or support orders. A violation of remedies 
7described in paragraph (5), (6), (8), or (9) of subsection (b) 
8of Section 112A-14 of this Code may be enforced by any remedy 
9provided by Section 607.5 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 112A-14 of this Code in the manner provided for under 
13Parts V and VII of the Illinois Marriage and Dissolution of 
14Marriage Act.
15 (d) Actual knowledge. A protective order may be enforced 
16pursuant to this Section if the respondent violates the order 
17after the respondent has actual knowledge of its contents as 
18shown through one of the following means:
19  (1) (Blank).
20  (2) (Blank).
21  (3) By service of a protective order under subsection 
22 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
23  (4) By other means demonstrating actual knowledge of 
24 the contents of the order.
25 (e) The enforcement of a protective order in civil or 
26criminal court shall not be affected by either of the 
 
 
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1following:
2  (1) The existence of a separate, correlative order 
3 entered under Section 112A-15 of this Code.
4  (2) Any finding or order entered in a conjoined 
5 criminal proceeding.
6 (e-5) If a civil no contact order entered under subsection 
7(6) of Section 112A-20 of the Code of Criminal Procedure of 
81963 conflicts with an order issued pursuant to the Juvenile 
9Court Act of 1987 or the Illinois Marriage and Dissolution of 
10Marriage Act, the conflicting order issued under subsection 
11(6) of Section 112A-20 of the Code of Criminal Procedure of 
121963 shall be void.
13 (f) Circumstances. The court, when determining whether or 
14not a violation of a protective order has occurred, shall not 
15require physical manifestations of abuse on the person of the 
16victim.
17 (g) Penalties.
18  (1) Except as provided in paragraph (3) of this 
19 subsection (g), where the court finds the commission of a 
20 crime or contempt of court under subsection (a) or (b) of 
21 this Section, the penalty shall be the penalty that 
22 generally applies in such criminal or contempt 
23 proceedings, and may include one or more of the following: 
24 incarceration, payment of restitution, a fine, payment of 
25 attorneys' fees and costs, or community service.
26  (2) The court shall hear and take into account 
 
 
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1 evidence of any factors in aggravation or mitigation 
2 before deciding an appropriate penalty under paragraph (1) 
3 of this subsection (g).
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 protective order over any penalty previously 
8 imposed by any court for respondent's violation of any 
9 protective order or penal statute involving petitioner 
10 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 protective order; and
14   (iii) impose a minimum penalty of 48 hours 
15 imprisonment for respondent's second or subsequent 
16 violation of a protective order
17 unless the court explicitly finds that an increased 
18 penalty or that period of imprisonment would be manifestly 
19 unjust.
20  (4) In addition to any other penalties imposed for a 
21 violation of a protective order, a criminal court may 
22 consider evidence of any violations of a protective order:
23   (i) to modify the conditions of pretrial release 
24 on an underlying criminal charge pursuant to Section 
25 110-6 of this Code;
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(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 
7102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. 
87-28-23.)

9 Section 15. The Illinois Domestic Violence Act of 1986 is 
10amended by changing Sections 205 and 222.5 as follows:

11 (750 ILCS 60/205) (from Ch. 40, par. 2312-5)
12 Sec. 205. Application of rules of civil procedure; 
13Domestic abuse advocates.
14 (a) Any proceeding to obtain, modify, reopen or appeal an 
15order of protection, whether commenced alone or in conjunction 
16with a civil or criminal proceeding, shall be governed by the 
17rules of civil procedure of this State. The standard of proof 
18in such a proceeding is proof by a preponderance of the 
19evidence, whether the proceeding is heard in criminal or civil 
20court. The Code of Civil Procedure and Supreme Court and local 
21court rules applicable to civil proceedings, as now or 
22hereafter amended, shall apply, except as otherwise provided 
23by this law.
24 (b) (1) In all circuit court proceedings under this Act, 
 
 
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1domestic abuse advocates shall be allowed to attend and sit at 
2counsel table and confer with the victim, unless otherwise 
3directed by the court.
4 (2) In criminal proceedings in circuit courts, domestic 
5abuse advocates shall be allowed to accompany the victim and 
6confer with the victim, unless otherwise directed by the 
7court.
8 (3) Court administrators shall allow domestic abuse 
9advocates to assist victims of domestic violence in the 
10preparation of petitions for orders of protection.
11 (4) Domestic abuse advocates are not engaged in the 
12unauthorized practice of law when providing assistance of the 
13types specified in this subsection (b).
14 (c) The Supreme Court of Illinois may adopt rules that 
15promote the use of attorneys serving on a pro bono basis to 
16represent victims under this Act. 
17(Source: P.A. 87-1186; 87-1255; 88-45.)

18 (750 ILCS 60/222.5)
19 Sec. 222.5. Filing of an order of protection issued in 
20another state or other jurisdiction. 
21 (a) A person entitled to protection under an order of 
22protection issued by the court of another state, tribe, or 
23United States territory or military judge or by a military 
24commander of the United States Armed Forces may file a 
25certified copy of the order of protection with the clerk of the 
 
 
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1court in a judicial circuit in which the person believes that 
2enforcement may be necessary.
3 (a-5) The Illinois National Guard shall file a certified 
4copy of any military order of protection with the clerk of the 
5court in a judicial circuit in which the person entitled to 
6protection resides or if the person entitled to protection is 
7not a State resident, in a judicial circuit in which it is 
8believed that enforcement may be necessary. 
9 (b) The clerk shall:
10  (1) treat the foreign order of protection, including, 
11 but not limited to, an order of protection issued by a 
12 military judge or by a military commander of the United 
13 States Armed Forces, in the same manner as a judgment of 
14 the circuit court for any county of this State in 
15 accordance with the provisions of the Uniform Enforcement 
16 of Foreign Judgments Act, except that the clerk shall not 
17 mail notice of the filing of the foreign order to the 
18 respondent named in the order; and
19  (2) on the same day that a foreign order of protection 
20 is filed, file a certified copy of that order with the 
21 sheriff or other law enforcement officials charged with 
22 maintaining Illinois State Police records as set forth in 
23 Section 222 of this Act.
24 (c) Neither residence in this State nor filing of a 
25foreign order of protection, including, but not limited to, an 
26order of protection issued by a military judge or by a military 
 
 
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