Bill Text: IL HB5684 | 2011-2012 | 97th General Assembly | Introduced

---

Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a plenary order of protection shall be automatically extended by the court for an additional 2-year period from the time the order would have otherwise expired, upon a determination by the court by a preponderance of the evidence that the respondent has violated the order.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5684 Detail]

Download: Illinois-2011-HB5684-Introduced.html

---

97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5684 Introduced , by Rep. Carol A. Sente SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-20 from Ch. 38, par. 112A-20
750 ILCS 60/220 from Ch. 40, par. 2312-20
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a plenary order of protection shall be automatically extended by the court for an additional 2-year period from the time the order would have otherwise expired, upon a determination by the court by a preponderance of the evidence that the respondent has violated the order.
LRB097 16382 RLC 61544 b
A BILL FOR
HB5684 LRB097 16382 RLC 61544 b
AN ACT concerning orders of protection.
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 Section 112A-20 as follows:
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 112A-17
shall be effective for not less than 14 nor more than 21
days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders. Except as otherwise
provided in this Section, a plenary order of protection shall
be valid for a fixed period of time not to exceed 2 years. A
plenary order of protection entered in conjunction with a
criminal prosecution 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

HB5684 - 2 - LRB097 16382 RLC 61544 b
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 order of protection,
however, shall be terminated by a dismissal that is
accompanied by the issuance of a bond forfeiture warrant;
(3) until expiration of any supervision, conditional
discharge, probation, periodic imprisonment, parole or
mandatory supervised release and for an additional period
of time thereafter not exceeding 2 years; or
(4) until the date set by the court for expiration of
any sentence of imprisonment and subsequent parole or
mandatory supervised release and for an additional period
of time thereafter not exceeding 2 years.
Notwithstanding any other provision of this subsection (b)
to the contrary, a plenary order of protection shall be
automatically extended by the court for an additional 2-year
period from the time the order would have otherwise expired,
upon a determination by the court by a preponderance of the
evidence that the respondent has violated the order.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection expires upon the occurrence of a specified event,

HB5684 - 3 - LRB097 16382 RLC 61544 b
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 plenary order from those records,
either party 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 plenary 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 emergency, interim or plenary
order of protection may be extended one or more times, as
required, provided that the requirements of Section 112A-17,
112A-18 or 112A-19, as appropriate, are satisfied. If the
motion for extension is uncontested and petitioner seeks no
modification of the order, the order may be extended on the
basis of petitioner's motion or affidavit stating that there
has been no material change in relevant circumstances since
entry of the order and stating the reason for the requested
extension. An extension of a plenary order of protection may be
granted, upon good cause shown, to remain in effect until the
order of protection is vacated or modified. Extensions may be
granted only in open court and not under the provisions of
Section 112A-17(c), which applies only when the court is
unavailable at the close of business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of

HB5684 - 4 - LRB097 16382 RLC 61544 b
the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for issuing an
order of protection undermines the purposes of this Article.
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 95-886, eff. 1-1-09.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 220 as follows:
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 217 shall be
effective for not less than 14 nor more than 21 days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders. Except as otherwise
provided in this Section, a plenary order of protection shall
be valid for a fixed period of time, not to exceed two years.
(1) A plenary order of protection entered in
conjunction with another civil proceeding shall remain in
effect as follows:

HB5684 - 5 - LRB097 16382 RLC 61544 b
(i) if entered as preliminary relief in that other
proceeding, until entry of final judgment in that other
proceeding;
(ii) if incorporated into the final judgment in
that other proceeding, until the order of protection is
vacated or modified; or
(iii) if incorporated in an order for involuntary
commitment, until termination of both the involuntary
commitment and any voluntary commitment, or for a fixed
period of time not exceeding 2 years.
(2) A plenary order of protection entered in
conjunction with a criminal prosecution shall remain in
effect as follows:
(i) 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;
(ii) if in effect in conjunction with a bond
forfeiture warrant, until final disposition or an
additional period of time not exceeding 2 years; no
order of protection, however, shall be terminated by a
dismissal that is accompanied by the issuance of a bond
forfeiture warrant;
(iii) until expiration of any supervision,

HB5684 - 6 - LRB097 16382 RLC 61544 b
conditional discharge, probation, periodic
imprisonment, parole or mandatory supervised release
and for an additional period of time thereafter not
exceeding 2 years; or
(iv) until the date set by the court for expiration
of any sentence of imprisonment and subsequent parole
or mandatory supervised release and for an additional
period of time thereafter not exceeding 2 years.
Notwithstanding any other provision of this subsection (b)
to the contrary, a plenary order of protection shall be
automatically extended by the court for an additional 2-year
period from the time the order would have otherwise expired,
upon a determination by the court by a preponderance of the
evidence that the respondent has violated the order.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection 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 plenary order from those records,
either party 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 plenary order has been vacated or modified
with the Sheriff, and the Sheriff shall direct that law

HB5684 - 7 - LRB097 16382 RLC 61544 b
enforcement records shall be promptly corrected in accordance
with the filed order.
(e) Extension of orders. Any emergency, interim or plenary
order may be extended one or more times, as required, provided
that the requirements of Section 217, 218 or 219, as
appropriate, are satisfied. If the motion for extension is
uncontested and petitioner seeks no modification of the order,
the order may be extended on the basis of petitioner's motion
or affidavit stating that there has been no material change in
relevant circumstances since entry of the order and stating the
reason for the requested extension. An extension of a plenary
order of protection may be granted, upon good cause shown, to
remain in effect until the order of protection is vacated or
modified. Extensions may be granted only in open court and not
under the provisions of subsection (c) of Section 217, which
applies only when the court is unavailable at the close of
business or on a court holiday.
(f) Termination date. Any order of protection 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 the issuance
of an order of protection undermines the purposes of this Act.
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 95-886, eff. 1-1-09.)