Bill Text: IL SB2277 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that the duration of a civil no contact order is permanent if a judgment of conviction for criminal sexual assault is entered.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2021-05-15 - Rule 19(a) / Re-referred to Rules Committee [SB2277 Detail]
Download: Illinois-2021-SB2277-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 112A-20 as follows:
| ||||||
6 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||||||
7 | Sec. 112A-20. Duration and extension of final protective | ||||||
8 | orders.
| ||||||
9 | (a) (Blank).
| ||||||
10 | (b) A final protective order shall remain in effect as | ||||||
11 | follows:
| ||||||
12 | (1) if entered during pre-trial release, until | ||||||
13 | disposition, withdrawal,
or dismissal of the underlying | ||||||
14 | charge; if, however, the case is continued as an
| ||||||
15 | independent cause of action, the order's duration may be | ||||||
16 | for a fixed period
of time not to exceed 2 years;
| ||||||
17 | (2) if in effect in conjunction with a bond forfeiture | ||||||
18 | warrant, until
final disposition or an additional period
| ||||||
19 | of time not
exceeding 2 years; no domestic violence order | ||||||
20 | of
protection, however, shall be terminated by a dismissal | ||||||
21 | that is accompanied
by the issuance of a bond forfeiture | ||||||
22 | warrant;
| ||||||
23 | (3) until 2 years after the expiration of any |
| |||||||
| |||||||
1 | supervision, conditional discharge,
probation, periodic | ||||||
2 | imprisonment, parole, aftercare release, or mandatory | ||||||
3 | supervised release for domestic violence orders of | ||||||
4 | protection and civil no contact orders; or
| ||||||
5 | (4) until 2 years after the date set by the court for | ||||||
6 | expiration of any sentence of
imprisonment and subsequent | ||||||
7 | parole, aftercare release, or mandatory supervised release
| ||||||
8 | for domestic violence orders of protection and civil no | ||||||
9 | contact orders; and
| ||||||
10 | (5) permanent for a stalking no contact order if a | ||||||
11 | judgment of conviction for stalking is entered ; and . | ||||||
12 | (6) permanent for a civil no contact order if a | ||||||
13 | judgment of conviction for criminal sexual assault is | ||||||
14 | entered. | ||||||
15 | (c) Computation of time. The duration of a domestic | ||||||
16 | violence order of protection shall
not be reduced by the | ||||||
17 | duration of any prior domestic violence order of protection.
| ||||||
18 | (d) Law enforcement records. When a protective order | ||||||
19 | expires
upon the occurrence of a specified event, rather than | ||||||
20 | upon a specified date
as provided in subsection (b), no | ||||||
21 | expiration date shall be entered in
Department of State Police | ||||||
22 | records. To remove the protective order from
those records, | ||||||
23 | either the petitioner or the respondent shall request the | ||||||
24 | clerk of the court to file a
certified copy of an order stating | ||||||
25 | that the specified event has occurred or
that the protective | ||||||
26 | order has been vacated or modified with the sheriff, and the
|
| |||||||
| |||||||
1 | sheriff shall direct that law enforcement records shall be | ||||||
2 | promptly
corrected in accordance with the filed order.
| ||||||
3 | (e) Extension of Orders. Any domestic violence order of
| ||||||
4 | protection or civil no contact order that expires 2 years | ||||||
5 | after the expiration of the defendant's sentence under | ||||||
6 | paragraph (2), (3), or (4) of subsection (b) of Section | ||||||
7 | 112A-20 of this Article may be extended one or more times, as | ||||||
8 | required. The petitioner, petitioner's counsel, or the State's | ||||||
9 | Attorney on the petitioner's behalf shall file the motion for | ||||||
10 | an extension of the final protective order in the criminal | ||||||
11 | case and serve the motion in accordance with Supreme Court | ||||||
12 | Rules 11 and 12. The court shall transfer the motion to the | ||||||
13 | appropriate court or division for consideration under | ||||||
14 | subsection (e) of Section 220 of the Illinois Domestic | ||||||
15 | Violence Act of 1986, subsection (c) of Section 216 of the | ||||||
16 | Civil No Contact Order Act, or subsection (c) of Section 105 of | ||||||
17 | the Stalking No Contact Order as appropriate.
| ||||||
18 | (f) Termination date. Any final protective order which | ||||||
19 | would expire on a
court holiday shall instead expire at the | ||||||
20 | close of the next court business day.
| ||||||
21 | (g) Statement of purpose. The practice of dismissing or | ||||||
22 | suspending a
criminal prosecution in exchange for issuing a | ||||||
23 | protective order
undermines the purposes of this Article. This | ||||||
24 | Section shall not be
construed as encouraging that practice.
| ||||||
25 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
|