Illinois 2023-2024 Regular Session

Illinois House Bill HB3103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0407
2	1		HB3103 EnrolledLRB103 30894 LNS 57433 b HB3103 Enrolled LRB103 30894 LNS 57433 b
3	2		HB3103 Enrolled LRB103 30894 LNS 57433 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Firearm Owners Identification Card Act is
8		-	amended by changing Section 1.1 as follows:
9		-	(430 ILCS 65/1.1)
10		-	Sec. 1.1. For purposes of this Act:
11		-	"Addicted to narcotics" means a person who has been:
12		-	(1) convicted of an offense involving the use or
13		-	possession of cannabis, a controlled substance, or
14		-	methamphetamine within the past year; or
15		-	(2) determined by the Illinois State Police to be
16		-	addicted to narcotics based upon federal law or federal
17		-	guidelines.
18		-	"Addicted to narcotics" does not include possession or use
19		-	of a prescribed controlled substance under the direction and
20		-	authority of a physician or other person authorized to
21		-	prescribe the controlled substance when the controlled
22		-	substance is used in the prescribed manner.
23		-	"Adjudicated as a person with a mental disability" means
24		-	the person is the subject of a determination by a court, board,
25		-	commission or other lawful authority that the person, as a
26		-	result of marked subnormal intelligence, or mental illness,
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Firearm Owners Identification Card Act is
	7	+	5 amended by changing Section 1.1 as follows:
	8	+	6 (430 ILCS 65/1.1)
	9	+	7 Sec. 1.1. For purposes of this Act:
	10	+	8 "Addicted to narcotics" means a person who has been:
	11	+	9 (1) convicted of an offense involving the use or
	12	+	10 possession of cannabis, a controlled substance, or
	13	+	11 methamphetamine within the past year; or
	14	+	12 (2) determined by the Illinois State Police to be
	15	+	13 addicted to narcotics based upon federal law or federal
	16	+	14 guidelines.
	17	+	15 "Addicted to narcotics" does not include possession or use
	18	+	16 of a prescribed controlled substance under the direction and
	19	+	17 authority of a physician or other person authorized to
	20	+	18 prescribe the controlled substance when the controlled
	21	+	19 substance is used in the prescribed manner.
	22	+	20 "Adjudicated as a person with a mental disability" means
	23	+	21 the person is the subject of a determination by a court, board,
	24	+	22 commission or other lawful authority that the person, as a
	25	+	23 result of marked subnormal intelligence, or mental illness,
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33		-	mental impairment, incompetency, condition, or disease:
34		-	(1) presents a clear and present danger to himself,
35		-	herself, or to others;
36		-	(2) lacks the mental capacity to manage his or her own
37		-	affairs or is adjudicated a person with a disability as
38		-	defined in Section 11a-2 of the Probate Act of 1975;
39		-	(3) is not guilty in a criminal case by reason of
40		-	insanity, mental disease or defect;
41		-	(3.5) is guilty but mentally ill, as provided in
42		-	Section 5-2-6 of the Unified Code of Corrections;
43		-	(4) is incompetent to stand trial in a criminal case;
44		-	(5) is not guilty by reason of lack of mental
45		-	responsibility under Articles 50a and 72b of the Uniform
46		-	Code of Military Justice, 10 U.S.C. 850a, 876b;
47		-	(6) is a sexually violent person under subsection (f)
48		-	of Section 5 of the Sexually Violent Persons Commitment
49		-	Act;
50		-	(7) is a sexually dangerous person under the Sexually
51		-	Dangerous Persons Act;
52		-	(8) is unfit to stand trial under the Juvenile Court
53		-	Act of 1987;
54		-	(9) is not guilty by reason of insanity under the
55		-	Juvenile Court Act of 1987;
56		-	(10) is subject to involuntary admission as an
57		-	inpatient as defined in Section 1-119 of the Mental Health
58		-	and Developmental Disabilities Code;
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	34	+	1 mental impairment, incompetency, condition, or disease:
	35	+	2 (1) presents a clear and present danger to himself,
	36	+	3 herself, or to others;
	37	+	4 (2) lacks the mental capacity to manage his or her own
	38	+	5 affairs or is adjudicated a person with a disability as
	39	+	6 defined in Section 11a-2 of the Probate Act of 1975;
	40	+	7 (3) is not guilty in a criminal case by reason of
	41	+	8 insanity, mental disease or defect;
	42	+	9 (3.5) is guilty but mentally ill, as provided in
	43	+	10 Section 5-2-6 of the Unified Code of Corrections;
	44	+	11 (4) is incompetent to stand trial in a criminal case;
	45	+	12 (5) is not guilty by reason of lack of mental
	46	+	13 responsibility under Articles 50a and 72b of the Uniform
	47	+	14 Code of Military Justice, 10 U.S.C. 850a, 876b;
	48	+	15 (6) is a sexually violent person under subsection (f)
	49	+	16 of Section 5 of the Sexually Violent Persons Commitment
	50	+	17 Act;
	51	+	18 (7) is a sexually dangerous person under the Sexually
	52	+	19 Dangerous Persons Act;
	53	+	20 (8) is unfit to stand trial under the Juvenile Court
	54	+	21 Act of 1987;
	55	+	22 (9) is not guilty by reason of insanity under the
	56	+	23 Juvenile Court Act of 1987;
	57	+	24 (10) is subject to involuntary admission as an
	58	+	25 inpatient as defined in Section 1-119 of the Mental Health
	59	+	26 and Developmental Disabilities Code;
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60	61
61		-	(11) is subject to involuntary admission as an
62		-	outpatient as defined in Section 1-119.1 of the Mental
63		-	Health and Developmental Disabilities Code;
64		-	(12) is subject to judicial admission as set forth in
65		-	Section 4-500 of the Mental Health and Developmental
66		-	Disabilities Code; or
67		-	(13) is subject to the provisions of the Interstate
68		-	Agreements on Sexually Dangerous Persons Act.
69		-	"Clear and present danger" means a person who:
70		-	(1) communicates a serious threat of physical violence
71		-	against a reasonably identifiable victim or poses a clear
72		-	and imminent risk of serious physical injury to himself,
73		-	herself, or another person as determined by a physician,
74		-	clinical psychologist, or qualified examiner; or
75		-	(2) demonstrates threatening physical or verbal
76		-	behavior, such as violent, suicidal, or assaultive
77		-	threats, actions, or other behavior, as determined by a
78		-	physician, clinical psychologist, qualified examiner,
79		-	school administrator, or law enforcement official.
80		-	"Clinical psychologist" has the meaning provided in
81		-	Section 1-103 of the Mental Health and Developmental
82		-	Disabilities Code.
83		-	"Controlled substance" means a controlled substance or
84		-	controlled substance analog as defined in the Illinois
85		-	Controlled Substances Act.
86		-	"Counterfeit" means to copy or imitate, without legal
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88	63
89		-	authority, with intent to deceive.
90		-	"Developmental disability" means a severe, chronic
91		-	disability of an individual that:
92		-	(1) is attributable to a mental or physical impairment
93		-	or combination of mental and physical impairments;
94		-	(2) is manifested before the individual attains age
95		-	22;
96		-	(3) is likely to continue indefinitely;
97		-	(4) results in substantial functional limitations in 3
98		-	or more of the following areas of major life activity:
99		-	(A) Self-care.
100		-	(B) Receptive and expressive language.
101		-	(C) Learning.
102		-	(D) Mobility.
103		-	(E) Self-direction.
104		-	(F) Capacity for independent living.
105		-	(G) Economic self-sufficiency; and
106		-	(5) reflects the individual's need for a combination
107		-	and sequence of special, interdisciplinary, or generic
108		-	services, individualized supports, or other forms of
109		-	assistance that are of lifelong or extended duration and
110		-	are individually planned and coordinated.
111		-	"Federally licensed firearm dealer" means a person who is
112		-	licensed as a federal firearms dealer under Section 923 of the
113		-	federal Gun Control Act of 1968 (18 U.S.C. 923).
114		-	"Firearm" means any device, by whatever name known, which
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117		-	is designed to expel a projectile or projectiles by the action
118		-	of an explosion, expansion of gas or escape of gas; excluding,
119		-	however:
120		-	(1) any pneumatic gun, spring gun, paint ball gun, or
121		-	B-B gun which expels a single globular projectile not
122		-	exceeding .18 inch in diameter or which has a maximum
123		-	muzzle velocity of less than 700 feet per second;
124		-	(1.1) any pneumatic gun, spring gun, paint ball gun,
125		-	or B-B gun which expels breakable paint balls containing
126		-	washable marking colors;
127		-	(2) any device used exclusively for signaling or
128		-	safety and required or recommended by the United States
129		-	Coast Guard or the Interstate Commerce Commission;
130		-	(3) any device used exclusively for the firing of stud
131		-	cartridges, explosive rivets or similar industrial
132		-	ammunition; and
133		-	(4) an antique firearm (other than a machine-gun)
134		-	which, although designed as a weapon, the Illinois State
135		-	Police finds by reason of the date of its manufacture,
136		-	value, design, and other characteristics is primarily a
137		-	collector's item and is not likely to be used as a weapon.
138		-	"Firearm ammunition" means any self-contained cartridge or
139		-	shotgun shell, by whatever name known, which is designed to be
140		-	used or adaptable to use in a firearm; excluding, however:
141		-	(1) any ammunition exclusively designed for use with a
142		-	device used exclusively for signaling or safety and
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	70	+	1 (11) is subject to involuntary admission as an
	71	+	2 outpatient as defined in Section 1-119.1 of the Mental
	72	+	3 Health and Developmental Disabilities Code;
	73	+	4 (12) is subject to judicial admission as set forth in
	74	+	5 Section 4-500 of the Mental Health and Developmental
	75	+	6 Disabilities Code; or
	76	+	7 (13) is subject to the provisions of the Interstate
	77	+	8 Agreements on Sexually Dangerous Persons Act.
	78	+	9 "Clear and present danger" means a person who:
	79	+	10 (1) communicates a serious threat of physical violence
	80	+	11 against a reasonably identifiable victim or poses a clear
	81	+	12 and imminent risk of serious physical injury to himself,
	82	+	13 herself, or another person as determined by a physician,
	83	+	14 clinical psychologist, or qualified examiner; or
	84	+	15 (2) demonstrates threatening physical or verbal
	85	+	16 behavior, such as violent, suicidal, or assaultive
	86	+	17 threats, actions, or other behavior, as determined by a
	87	+	18 physician, clinical psychologist, qualified examiner,
	88	+	19 school administrator, or law enforcement official.
	89	+	20 "Clinical psychologist" has the meaning provided in
	90	+	21 Section 1-103 of the Mental Health and Developmental
	91	+	22 Disabilities Code.
	92	+	23 "Controlled substance" means a controlled substance or
	93	+	24 controlled substance analog as defined in the Illinois
	94	+	25 Controlled Substances Act.
	95	+	26 "Counterfeit" means to copy or imitate, without legal
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145		-	required or recommended by the United States Coast Guard
146		-	or the Interstate Commerce Commission; and
147		-	(2) any ammunition designed exclusively for use with a
148		-	stud or rivet driver or other similar industrial
149		-	ammunition.
150		-	"Gun show" means an event or function:
151		-	(1) at which the sale and transfer of firearms is the
152		-	regular and normal course of business and where 50 or more
153		-	firearms are displayed, offered, or exhibited for sale,
154		-	transfer, or exchange; or
155		-	(2) at which not less than 10 gun show vendors
156		-	display, offer, or exhibit for sale, sell, transfer, or
157		-	exchange firearms.
158		-	"Gun show" includes the entire premises provided for an
159		-	event or function, including parking areas for the event or
160		-	function, that is sponsored to facilitate the purchase, sale,
161		-	transfer, or exchange of firearms as described in this
162		-	Section. Nothing in this definition shall be construed to
163		-	exclude a gun show held in conjunction with competitive
164		-	shooting events at the World Shooting Complex sanctioned by a
165		-	national governing body in which the sale or transfer of
166		-	firearms is authorized under subparagraph (5) of paragraph (g)
167		-	of subsection (A) of Section 24-3 of the Criminal Code of 2012.
168		-	Unless otherwise expressly stated, "gun show" does not
169		-	include training or safety classes, competitive shooting
170		-	events, such as rifle, shotgun, or handgun matches, trap,
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173		-	skeet, or sporting clays shoots, dinners, banquets, raffles,
174		-	or any other event where the sale or transfer of firearms is
175		-	not the primary course of business.
176		-	"Gun show promoter" means a person who organizes or
177		-	operates a gun show.
178		-	"Gun show vendor" means a person who exhibits, sells,
179		-	offers for sale, transfers, or exchanges any firearms at a gun
180		-	show, regardless of whether the person arranges with a gun
181		-	show promoter for a fixed location from which to exhibit,
182		-	sell, offer for sale, transfer, or exchange any firearm.
183		-	"Intellectual disability" means significantly subaverage
184		-	general intellectual functioning, existing concurrently with
185		-	deficits in adaptive behavior and manifested during the
186		-	developmental period, which is defined as before the age of
187		-	22, that adversely affects a child's educational performance.
188		-	"Involuntarily admitted" has the meaning as prescribed in
189		-	Sections 1-119 and 1-119.1 of the Mental Health and
190		-	Developmental Disabilities Code.
191		-	"Mental health facility" means any licensed private
192		-	hospital or hospital affiliate, institution, or facility, or
193		-	part thereof, and any facility, or part thereof, operated by
194		-	the State or a political subdivision thereof which provides
195		-	treatment of persons with mental illness and includes all
196		-	hospitals, institutions, clinics, evaluation facilities,
197		-	mental health centers, colleges, universities, long-term care
198		-	facilities, and nursing homes, or parts thereof, which provide
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201		-	treatment of persons with mental illness whether or not the
202		-	primary purpose is to provide treatment of persons with mental
203		-	illness.
204		-	"National governing body" means a group of persons who
205		-	adopt rules and formulate policy on behalf of a national
206		-	firearm sporting organization.
207		-	"Noncitizen" means a person who is not a citizen of the
208		-	United States, but is a person who is a foreign-born person who
209		-	lives in the United States, has not been naturalized, and is
210		-	still a citizen of a foreign country.
211		-	"Patient" means:
212		-	(1) a person who is admitted as an inpatient or
213		-	resident of a public or private mental health facility for
214		-	mental health treatment under Chapter III of the Mental
215		-	Health and Developmental Disabilities Code as an informal
216		-	admission, a voluntary admission, a minor admission, an
217		-	emergency admission, or an involuntary admission, unless
218		-	the treatment was solely for an alcohol abuse disorder; or
219		-	(2) a person who voluntarily or involuntarily receives
220		-	mental health treatment as an out-patient or is otherwise
221		-	provided services by a public or private mental health
222		-	facility and who poses a clear and present danger to
223		-	himself, herself, or others.
224		-	"Physician" has the meaning as defined in Section 1-120 of
225		-	the Mental Health and Developmental Disabilities Code.
226		-	"Protective order" means any orders of protection issued
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	106	+	1 authority, with intent to deceive.
	107	+	2 "Developmental disability" means a severe, chronic
	108	+	3 disability of an individual that:
	109	+	4 (1) is attributable to a mental or physical impairment
	110	+	5 or combination of mental and physical impairments;
	111	+	6 (2) is manifested before the individual attains age
	112	+	7 22;
	113	+	8 (3) is likely to continue indefinitely;
	114	+	9 (4) results in substantial functional limitations in 3
	115	+	10 or more of the following areas of major life activity:
	116	+	11 (A) Self-care.
	117	+	12 (B) Receptive and expressive language.
	118	+	13 (C) Learning.
	119	+	14 (D) Mobility.
	120	+	15 (E) Self-direction.
	121	+	16 (F) Capacity for independent living.
	122	+	17 (G) Economic self-sufficiency; and
	123	+	18 (5) reflects the individual's need for a combination
	124	+	19 and sequence of special, interdisciplinary, or generic
	125	+	20 services, individualized supports, or other forms of
	126	+	21 assistance that are of lifelong or extended duration and
	127	+	22 are individually planned and coordinated.
	128	+	23 "Federally licensed firearm dealer" means a person who is
	129	+	24 licensed as a federal firearms dealer under Section 923 of the
	130	+	25 federal Gun Control Act of 1968 (18 U.S.C. 923).
	131	+	26 "Firearm" means any device, by whatever name known, which
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229		-	under the Illinois Domestic Violence Act of 1986, stalking no
230		-	contact orders issued under the Stalking No Contact Order Act,
231		-	civil no contact orders issued under the Civil No Contact
232		-	Order Act, and firearms restraining orders issued under the
233		-	Firearms Restraining Order Act or a substantially similar
234		-	order issued by the court of another state, tribe, or United
235		-	States territory or military judge tribunal.
236		-	"Qualified examiner" has the meaning provided in Section
237		-	1-122 of the Mental Health and Developmental Disabilities
238		-	Code.
239		-	"Sanctioned competitive shooting event" means a shooting
240		-	contest officially recognized by a national or state shooting
241		-	sport association, and includes any sight-in or practice
242		-	conducted in conjunction with the event.
243		-	"School administrator" means the person required to report
244		-	under the School Administrator Reporting of Mental Health
245		-	Clear and Present Danger Determinations Law.
246		-	"Stun gun or taser" has the meaning ascribed to it in
247		-	Section 24-1 of the Criminal Code of 2012.
248		-	(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
249		-	102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
250		-	1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
251		-	Section 10. The Code of Criminal Procedure of 1963 is
252		-	amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
253		-	follows:
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256		-	(725 ILCS 5/112A-4.5)
257		-	Sec. 112A-4.5. Who may file petition.
258		-	(a) A petition for a domestic violence order of protection
259		-	may be filed:
260		-	(1) by a named victim who has been abused by a family
261		-	or household member;
262		-	(2) by any person or by the State's Attorney on behalf
263		-	of a named victim who is a minor child or an adult who has
264		-	been abused by a family or household member and who,
265		-	because of age, health, disability, or inaccessibility,
266		-	cannot file the petition;
267		-	(3) by a State's Attorney on behalf of any minor child
268		-	or dependent adult in the care of the named victim, if the
269		-	named victim does not file a petition or request the
270		-	State's Attorney file the petition; or
271		-	(4) any of the following persons if the person is
272		-	abused by a family or household member of a child:
273		-	(i) a foster parent of that child if the child has
274		-	been placed in the foster parent's home by the
275		-	Department of Children and Family Services or by
276		-	another state's public child welfare agency;
277		-	(ii) a legally appointed guardian or legally
278		-	appointed custodian of that child;
279		-	(iii) an adoptive parent of that child;
280		-	(iv) a prospective adoptive parent of that child
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283		-	if the child has been placed in the prospective
284		-	adoptive parent's home pursuant to the Adoption Act or
285		-	pursuant to another state's law.
286		-	For purposes of this paragraph (a)(4), individuals who
287		-	would have been considered "family or household members" of
288		-	the child under paragraph (3) of subsection (b) of Section
289		-	112A-3 before a termination of the parental rights with
290		-	respect to the child continue to meet the definition of
291		-	"family or household members" of the child.
292		-	(b) A petition for a civil no contact order may be filed:
293		-	(1) by any person who is a named victim of
294		-	non-consensual sexual conduct or non-consensual sexual
295		-	penetration, including a single incident of non-consensual
296		-	sexual conduct or non-consensual sexual penetration;
297		-	(2) by a person or by the State's Attorney on behalf of
298		-	a named victim who is a minor child or an adult who is a
299		-	victim of non-consensual sexual conduct or non-consensual
300		-	sexual penetration but, because of age, disability,
301		-	health, or inaccessibility, cannot file the petition;
302		-	(3) by a State's Attorney on behalf of any minor child
303		-	who is a family or household member of the named victim, if
304		-	the named victim does not file a petition or request the
305		-	State's Attorney file the petition;
306		-	(4) by a service member of the Illinois National Guard
307		-	or any reserve military component serving within the State
308		-	who is a victim of non-consensual sexual conduct who has
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	142	+	1 is designed to expel a projectile or projectiles by the action
	143	+	2 of an explosion, expansion of gas or escape of gas; excluding,
	144	+	3 however:
	145	+	4 (1) any pneumatic gun, spring gun, paint ball gun, or
	146	+	5 B-B gun which expels a single globular projectile not
	147	+	6 exceeding .18 inch in diameter or which has a maximum
	148	+	7 muzzle velocity of less than 700 feet per second;
	149	+	8 (1.1) any pneumatic gun, spring gun, paint ball gun,
	150	+	9 or B-B gun which expels breakable paint balls containing
	151	+	10 washable marking colors;
	152	+	11 (2) any device used exclusively for signaling or
	153	+	12 safety and required or recommended by the United States
	154	+	13 Coast Guard or the Interstate Commerce Commission;
	155	+	14 (3) any device used exclusively for the firing of stud
	156	+	15 cartridges, explosive rivets or similar industrial
	157	+	16 ammunition; and
	158	+	17 (4) an antique firearm (other than a machine-gun)
	159	+	18 which, although designed as a weapon, the Illinois State
	160	+	19 Police finds by reason of the date of its manufacture,
	161	+	20 value, design, and other characteristics is primarily a
	162	+	21 collector's item and is not likely to be used as a weapon.
	163	+	22 "Firearm ammunition" means any self-contained cartridge or
	164	+	23 shotgun shell, by whatever name known, which is designed to be
	165	+	24 used or adaptable to use in a firearm; excluding, however:
	166	+	25 (1) any ammunition exclusively designed for use with a
	167	+	26 device used exclusively for signaling or safety and
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310	169
311		-	also received a Military Protective Order; or
312		-	(5) by the Staff Judge Advocate of the Illinois
313		-	National Guard or any reserve military component serving
314		-	in the State on behalf of a named victim who is a victim of
315		-	non-consensual sexual conduct who has also received a
316		-	Military Protective Order only after receiving consent
317		-	from the victim, and the petition shall include a
318		-	statement that the victim has consented to the Staff Judge
319		-	Advocate filing the petition.
320		-	(c) A petition for a stalking no contact order may be
321		-	filed:
322		-	(1) by any person who is a named victim of stalking;
323		-	(2) by a person or by the State's Attorney on behalf of
324		-	a named victim who is a minor child or an adult who is a
325		-	victim of stalking but, because of age, disability,
326		-	health, or inaccessibility, cannot file the petition;
327		-	(3) by a State's Attorney on behalf of any minor child
328		-	who is a family or household member of the named victim, if
329		-	the named victim does not file a petition or request the
330		-	State's Attorney file the petition;
331		-	(4) by a service member of the Illinois National Guard
332		-	or any reserve military component serving within the State
333		-	who is a victim of non-consensual sexual conduct who has
334		-	also received a Military Protective Order; or
335		-	(5) by the Staff Judge Advocate of the Illinois
336		-	National Guard or any reserve military component serving
337	170
338	171
339		-	in the State on behalf of a named victim who is a victim of
340		-	non-consensual sexual conduct who has also received a
341		-	Military Protective Order only after receiving consent
342		-	from the victim, and the petition shall include a
343		-	statement that the victim has consented to the Staff Judge
344		-	Advocate filing the petition.
345		-	(d) The State's Attorney shall file a petition on behalf
346		-	of any person who may file a petition under subsections (a),
347		-	(b), or (c) of this Section if the person requests the State's
348		-	Attorney to file a petition on the person's behalf, unless the
349		-	State's Attorney has a good faith basis to delay filing the
350		-	petition. The State's Attorney shall inform the person that
351		-	the State's Attorney will not be filing the petition at that
352		-	time and that the person may file a petition or may retain an
353		-	attorney to file the petition. The State's Attorney may file
354		-	the petition at a later date.
355		-	(d-5) (1) A person eligible to file a petition under
356		-	subsection (a), (b), or (c) of this Section may retain an
357		-	attorney to represent the petitioner on the petitioner's
358		-	request for a protective order. The attorney's representation
359		-	is limited to matters related to the petition and relief
360		-	authorized under this Article.
361		-	(2) Advocates shall be allowed to accompany the petitioner
362		-	and confer with the victim, unless otherwise directed by the
363		-	court. Advocates are not engaged in the unauthorized practice
364		-	of law when providing assistance to the petitioner.
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365	174
366	175
367		-	(e) Any petition properly filed under this Article may
368		-	seek protection for any additional persons protected by this
369		-	Article.
370		-	(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
371		-	(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
372		-	Sec. 112A-23. Enforcement of protective orders.
373		-	(a) When violation is crime. A violation of any protective
374		-	order, whether issued in a civil, quasi-criminal proceeding or
375		-	by a military judge tribunal, shall be enforced by a criminal
376		-	court when:
377		-	(1) The respondent commits the crime of violation of a
378		-	domestic violence order of protection pursuant to Section
379		-	12-3.4 or 12-30 of the Criminal Code of 1961 or the
380		-	Criminal Code of 2012, by having knowingly violated:
381		-	(i) remedies described in paragraph (1), (2), (3),
382		-	(14), or (14.5) of subsection (b) of Section 112A-14
383		-	of this Code,
384		-	(ii) a remedy, which is substantially similar to
385		-	the remedies authorized under paragraph (1), (2), (3),
386		-	(14), or (14.5) of subsection (b) of Section 214 of the
387		-	Illinois Domestic Violence Act of 1986, in a valid
388		-	order of protection, which is authorized under the
389		-	laws of another state, tribe, or United States
390		-	territory, or
391		-	(iii) any other remedy when the act constitutes a
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	178	+	1 required or recommended by the United States Coast Guard
	179	+	2 or the Interstate Commerce Commission; and
	180	+	3 (2) any ammunition designed exclusively for use with a
	181	+	4 stud or rivet driver or other similar industrial
	182	+	5 ammunition.
	183	+	6 "Gun show" means an event or function:
	184	+	7 (1) at which the sale and transfer of firearms is the
	185	+	8 regular and normal course of business and where 50 or more
	186	+	9 firearms are displayed, offered, or exhibited for sale,
	187	+	10 transfer, or exchange; or
	188	+	11 (2) at which not less than 10 gun show vendors
	189	+	12 display, offer, or exhibit for sale, sell, transfer, or
	190	+	13 exchange firearms.
	191	+	14 "Gun show" includes the entire premises provided for an
	192	+	15 event or function, including parking areas for the event or
	193	+	16 function, that is sponsored to facilitate the purchase, sale,
	194	+	17 transfer, or exchange of firearms as described in this
	195	+	18 Section. Nothing in this definition shall be construed to
	196	+	19 exclude a gun show held in conjunction with competitive
	197	+	20 shooting events at the World Shooting Complex sanctioned by a
	198	+	21 national governing body in which the sale or transfer of
	199	+	22 firearms is authorized under subparagraph (5) of paragraph (g)
	200	+	23 of subsection (A) of Section 24-3 of the Criminal Code of 2012.
	201	+	24 Unless otherwise expressly stated, "gun show" does not
	202	+	25 include training or safety classes, competitive shooting
	203	+	26 events, such as rifle, shotgun, or handgun matches, trap,
392	204
393	205
394		-	crime against the protected parties as defined by the
395		-	Criminal Code of 1961 or the Criminal Code of 2012.
396		-	Prosecution for a violation of a domestic violence
397		-	order of protection shall not bar concurrent prosecution
398		-	for any other crime, including any crime that may have
399		-	been committed at the time of the violation of the
400		-	domestic violence order of protection; or
401		-	(2) The respondent commits the crime of child
402		-	abduction pursuant to Section 10-5 of the Criminal Code of
403		-	1961 or the Criminal Code of 2012, by having knowingly
404		-	violated:
405		-	(i) remedies described in paragraph (5), (6), or
406		-	(8) of subsection (b) of Section 112A-14 of this Code,
407		-	or
408		-	(ii) a remedy, which is substantially similar to
409		-	the remedies authorized under paragraph (1), (5), (6),
410		-	or (8) of subsection (b) of Section 214 of the Illinois
411		-	Domestic Violence Act of 1986, in a valid domestic
412		-	violence order of protection, which is authorized
413		-	under the laws of another state, tribe, or United
414		-	States territory.
415		-	(3) The respondent commits the crime of violation of a
416		-	civil no contact order when the respondent violates
417		-	Section 12-3.8 of the Criminal Code of 2012. Prosecution
418		-	for a violation of a civil no contact order shall not bar
419		-	concurrent prosecution for any other crime, including any
420	206
421	207
422		-	crime that may have been committed at the time of the
423		-	violation of the civil no contact order.
424		-	(4) The respondent commits the crime of violation of a
425		-	stalking no contact order when the respondent violates
426		-	Section 12-3.9 of the Criminal Code of 2012. Prosecution
427		-	for a violation of a stalking no contact order shall not
428		-	bar concurrent prosecution for any other crime, including
429		-	any crime that may have been committed at the time of the
430		-	violation of the stalking no contact order.
431		-	(b) When violation is contempt of court. A violation of
432		-	any valid protective order, whether issued in a civil or
433		-	criminal proceeding or by a military judge tribunal, may be
434		-	enforced through civil or criminal contempt procedures, as
435		-	appropriate, by any court with jurisdiction, regardless where
436		-	the act or acts which violated the protective order were
437		-	committed, to the extent consistent with the venue provisions
438		-	of this Article. Nothing in this Article shall preclude any
439		-	Illinois court from enforcing any valid protective order
440		-	issued in another state. Illinois courts may enforce
441		-	protective orders through both criminal prosecution and
442		-	contempt proceedings, unless the action which is second in
443		-	time is barred by collateral estoppel or the constitutional
444		-	prohibition against double jeopardy.
445		-	(1) In a contempt proceeding where the petition for a
446		-	rule to show cause sets forth facts evidencing an
447		-	immediate danger that the respondent will flee the
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448	210
449	211
450		-	jurisdiction, conceal a child, or inflict physical abuse
451		-	on the petitioner or minor children or on dependent adults
452		-	in petitioner's care, the court may order the attachment
453		-	of the respondent without prior service of the rule to
454		-	show cause or the petition for a rule to show cause. Bond
455		-	shall be set unless specifically denied in writing.
456		-	(2) A petition for a rule to show cause for violation
457		-	of a protective order shall be treated as an expedited
458		-	proceeding.
459		-	(c) Violation of custody, allocation of parental
460		-	responsibility, or support orders. A violation of remedies
461		-	described in paragraph (5), (6), (8), or (9) of subsection (b)
462		-	of Section 112A-14 of this Code may be enforced by any remedy
463		-	provided by Section 607.5 of the Illinois Marriage and
464		-	Dissolution of Marriage Act. The court may enforce any order
465		-	for support issued under paragraph (12) of subsection (b) of
466		-	Section 112A-14 of this Code in the manner provided for under
467		-	Parts V and VII of the Illinois Marriage and Dissolution of
468		-	Marriage Act.
469		-	(d) Actual knowledge. A protective order may be enforced
470		-	pursuant to this Section if the respondent violates the order
471		-	after the respondent has actual knowledge of its contents as
472		-	shown through one of the following means:
473		-	(1) (Blank).
474		-	(2) (Blank).
475		-	(3) By service of a protective order under subsection
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	214	+	1 skeet, or sporting clays shoots, dinners, banquets, raffles,
	215	+	2 or any other event where the sale or transfer of firearms is
	216	+	3 not the primary course of business.
	217	+	4 "Gun show promoter" means a person who organizes or
	218	+	5 operates a gun show.
	219	+	6 "Gun show vendor" means a person who exhibits, sells,
	220	+	7 offers for sale, transfers, or exchanges any firearms at a gun
	221	+	8 show, regardless of whether the person arranges with a gun
	222	+	9 show promoter for a fixed location from which to exhibit,
	223	+	10 sell, offer for sale, transfer, or exchange any firearm.
	224	+	11 "Intellectual disability" means significantly subaverage
	225	+	12 general intellectual functioning, existing concurrently with
	226	+	13 deficits in adaptive behavior and manifested during the
	227	+	14 developmental period, which is defined as before the age of
	228	+	15 22, that adversely affects a child's educational performance.
	229	+	16 "Involuntarily admitted" has the meaning as prescribed in
	230	+	17 Sections 1-119 and 1-119.1 of the Mental Health and
	231	+	18 Developmental Disabilities Code.
	232	+	19 "Mental health facility" means any licensed private
	233	+	20 hospital or hospital affiliate, institution, or facility, or
	234	+	21 part thereof, and any facility, or part thereof, operated by
	235	+	22 the State or a political subdivision thereof which provides
	236	+	23 treatment of persons with mental illness and includes all
	237	+	24 hospitals, institutions, clinics, evaluation facilities,
	238	+	25 mental health centers, colleges, universities, long-term care
	239	+	26 facilities, and nursing homes, or parts thereof, which provide
476	240
477	241
478		-	(f) of Section 112A-17.5 or Section 112A-22 of this Code.
479		-	(4) By other means demonstrating actual knowledge of
480		-	the contents of the order.
481		-	(e) The enforcement of a protective order in civil or
482		-	criminal court shall not be affected by either of the
483		-	following:
484		-	(1) The existence of a separate, correlative order
485		-	entered under Section 112A-15 of this Code.
486		-	(2) Any finding or order entered in a conjoined
487		-	criminal proceeding.
488		-	(e-5) If a civil no contact order entered under subsection
489		-	(6) of Section 112A-20 of the Code of Criminal Procedure of
490		-	1963 conflicts with an order issued pursuant to the Juvenile
491		-	Court Act of 1987 or the Illinois Marriage and Dissolution of
492		-	Marriage Act, the conflicting order issued under subsection
493		-	(6) of Section 112A-20 of the Code of Criminal Procedure of
494		-	1963 shall be void.
495		-	(f) Circumstances. The court, when determining whether or
496		-	not a violation of a protective order has occurred, shall not
497		-	require physical manifestations of abuse on the person of the
498		-	victim.
499		-	(g) Penalties.
500		-	(1) Except as provided in paragraph (3) of this
501		-	subsection (g), where the court finds the commission of a
502		-	crime or contempt of court under subsection (a) or (b) of
503		-	this Section, the penalty shall be the penalty that
504	242
505	243
506		-	generally applies in such criminal or contempt
507		-	proceedings, and may include one or more of the following:
508		-	incarceration, payment of restitution, a fine, payment of
509		-	attorneys' fees and costs, or community service.
510		-	(2) The court shall hear and take into account
511		-	evidence of any factors in aggravation or mitigation
512		-	before deciding an appropriate penalty under paragraph (1)
513		-	of this subsection (g).
514		-	(3) To the extent permitted by law, the court is
515		-	encouraged to:
516		-	(i) increase the penalty for the knowing violation
517		-	of any protective order over any penalty previously
518		-	imposed by any court for respondent's violation of any
519		-	protective order or penal statute involving petitioner
520		-	as victim and respondent as defendant;
521		-	(ii) impose a minimum penalty of 24 hours
522		-	imprisonment for respondent's first violation of any
523		-	protective order; and
524		-	(iii) impose a minimum penalty of 48 hours
525		-	imprisonment for respondent's second or subsequent
526		-	violation of a protective order
527		-	unless the court explicitly finds that an increased
528		-	penalty or that period of imprisonment would be manifestly
529		-	unjust.
530		-	(4) In addition to any other penalties imposed for a
531		-	violation of a protective order, a criminal court may
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532	246
533	247
534		-	consider evidence of any violations of a protective order:
535		-	(i) to modify the conditions of pretrial release
536		-	on an underlying criminal charge pursuant to Section
537		-	110-6 of this Code;
538		-	(ii) to revoke or modify an order of probation,
539		-	conditional discharge, or supervision, pursuant to
540		-	Section 5-6-4 of the Unified Code of Corrections;
541		-	(iii) to revoke or modify a sentence of periodic
542		-	imprisonment, pursuant to Section 5-7-2 of the Unified
543		-	Code of Corrections.
544		-	(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
545		-	102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
546		-	5-19-22.)
547		-	(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
548		-	Sec. 112A-28. Data maintenance by law enforcement
549		-	agencies.
550		-	(a) All sheriffs shall furnish to the Illinois State
551		-	Police, daily, in the form and detail the Illinois State
552		-	Police requires, copies of any recorded protective orders
553		-	issued by the court, and any foreign protective orders,
554		-	including, but not limited to, an order of protection issued
555		-	by a military judge tribunal, filed by the clerk of the court,
556		-	and transmitted to the sheriff by the clerk of the court. Each
557		-	protective order shall be entered in the Law Enforcement
558		-	Agencies Data System on the same day it is issued by the court.
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	250	+	1 treatment of persons with mental illness whether or not the
	251	+	2 primary purpose is to provide treatment of persons with mental
	252	+	3 illness.
	253	+	4 "National governing body" means a group of persons who
	254	+	5 adopt rules and formulate policy on behalf of a national
	255	+	6 firearm sporting organization.
	256	+	7 "Noncitizen" means a person who is not a citizen of the
	257	+	8 United States, but is a person who is a foreign-born person who
	258	+	9 lives in the United States, has not been naturalized, and is
	259	+	10 still a citizen of a foreign country.
	260	+	11 "Patient" means:
	261	+	12 (1) a person who is admitted as an inpatient or
	262	+	13 resident of a public or private mental health facility for
	263	+	14 mental health treatment under Chapter III of the Mental
	264	+	15 Health and Developmental Disabilities Code as an informal
	265	+	16 admission, a voluntary admission, a minor admission, an
	266	+	17 emergency admission, or an involuntary admission, unless
	267	+	18 the treatment was solely for an alcohol abuse disorder; or
	268	+	19 (2) a person who voluntarily or involuntarily receives
	269	+	20 mental health treatment as an out-patient or is otherwise
	270	+	21 provided services by a public or private mental health
	271	+	22 facility and who poses a clear and present danger to
	272	+	23 himself, herself, or others.
	273	+	24 "Physician" has the meaning as defined in Section 1-120 of
	274	+	25 the Mental Health and Developmental Disabilities Code.
	275	+	26 "Protective order" means any orders of protection issued
559	276
560	277
561		-	(b) The Illinois State Police shall maintain a complete
562		-	and systematic record and index of all valid and recorded
563		-	protective orders issued or filed under this Act. The data
564		-	shall be used to inform all dispatchers and law enforcement
565		-	officers at the scene of an alleged incident of abuse or
566		-	violation of a protective order of any recorded prior incident
567		-	of abuse involving the abused party and the effective dates
568		-	and terms of any recorded protective order.
569		-	(c) The data, records and transmittals required under this
570		-	Section shall pertain to:
571		-	(1) any valid emergency, interim or plenary domestic
572		-	violence order of protection, civil no contact or stalking
573		-	no contact order issued in a civil proceeding; and
574		-	(2) any valid ex parte or final protective order
575		-	issued in a criminal proceeding or authorized under the
576		-	laws of another state, tribe, or United States territory.
577		-	(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
578		-	Section 15. The Stalking No Contact Order Act is amended
579		-	by changing Section 15 as follows:
580		-	(740 ILCS 21/15)
581		-	Sec. 15. Persons protected by this Act. A petition for a
582		-	stalking no contact order may be filed when relief is not
583		-	available to the petitioner under the Illinois Domestic
584		-	Violence Act of 1986:
585	278
586	279
587		-	(1) by any person who is a victim of stalking;
588		-	(2) by a person on behalf of a minor child or an adult
589		-	who is a victim of stalking but, because of age,
590		-	disability, health, or inaccessibility, cannot file the
591		-	petition;
592		-	(3) by an authorized agent of a workplace;
593		-	(4) by an authorized agent of a place of worship; or
594		-	(5) by an authorized agent of a school;
595		-	(6) by a service member of the Illinois National Guard
596		-	or any reserve military component serving within the State
597		-	who is a victim of stalking who has also received a
598		-	Military Protective Order; or
599		-	(7) by the Staff Judge Advocate of the Illinois
600		-	National Guard or any reserve military component serving
601		-	within the State on behalf of a named victim who is a
602		-	victim of stalking who has also received a Military
603		-	Protective Order only after receiving consent from the
604		-	victim, and the petition shall include a statement that
605		-	the victim has consented to the Staff Judge Advocate
606		-	filing the petition.
607		-	(Source: P.A. 100-1000, eff. 1-1-19.)
608		-	Section 20. The Civil No Contact Order Act is amended by
609		-	changing Sections 201 and 220 as follows:
610		-	(740 ILCS 22/201)
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611	282
612	283
613		-	Sec. 201. Persons protected by this Act.
614		-	(a) The following persons are protected by this Act:
615		-	(1) any victim of non-consensual sexual conduct or
616		-	non-consensual sexual penetration on whose behalf the
617		-	petition is brought;
618		-	(2) any family or household member of the named
619		-	victim; and
620		-	(3) any employee of or volunteer at a rape crisis
621		-	center that is providing services to the petitioner or the
622		-	petitioner's family or household member; and .
623		-	(4) any service member of the Illinois National Guard
624		-	or any reserve military component serving within the State
625		-	who is a victim of non-consensual sexual conduct who has
626		-	also received a Military Protective Order.
627		-	(b) A petition for a civil no contact order may be filed:
628		-	(1) by any person who is a victim of non-consensual
629		-	sexual conduct or non-consensual sexual penetration,
630		-	including a single incident of non-consensual sexual
631		-	conduct or non-consensual sexual penetration;
632		-	(2) by a person on behalf of a minor child or an adult
633		-	who is a victim of non-consensual sexual conduct or
634		-	non-consensual sexual penetration but, because of age,
635		-	disability, health, or inaccessibility, cannot file the
636		-	petition; or
637		-	(3) only after receiving consent from the victim, by
638		-	any family or household member of a victim of
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	286	+	1 under the Illinois Domestic Violence Act of 1986, stalking no
	287	+	2 contact orders issued under the Stalking No Contact Order Act,
	288	+	3 civil no contact orders issued under the Civil No Contact
	289	+	4 Order Act, and firearms restraining orders issued under the
	290	+	5 Firearms Restraining Order Act or a substantially similar
	291	+	6 order issued by the court of another state, tribe, or United
	292	+	7 States territory or military judge tribunal.
	293	+	8 "Qualified examiner" has the meaning provided in Section
	294	+	9 1-122 of the Mental Health and Developmental Disabilities
	295	+	10 Code.
	296	+	11 "Sanctioned competitive shooting event" means a shooting
	297	+	12 contest officially recognized by a national or state shooting
	298	+	13 sport association, and includes any sight-in or practice
	299	+	14 conducted in conjunction with the event.
	300	+	15 "School administrator" means the person required to report
	301	+	16 under the School Administrator Reporting of Mental Health
	302	+	17 Clear and Present Danger Determinations Law.
	303	+	18 "Stun gun or taser" has the meaning ascribed to it in
	304	+	19 Section 24-1 of the Criminal Code of 2012.
	305	+	20 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
	306	+	21 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
	307	+	22 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
	308	+	23 Section 10. The Code of Criminal Procedure of 1963 is
	309	+	24 amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
	310	+	25 follows:
639	311
640	312
641		-	non-consensual sexual conduct or non-consensual sexual
642		-	penetration, and the petition shall include a statement
643		-	that the victim has consented to the family or household
644		-	member filing the petition; .
645		-	(4) any service member of the Illinois National Guard
646		-	or any reserve military component serving within the State
647		-	who is a victim of non-consensual sexual conduct who has
648		-	also received a Military Protective Order; or
649		-	(5) the Staff Judge Advocate of the Illinois National
650		-	Guard or any reserve military component serving within the
651		-	State on behalf of a named victim who is a victim of
652		-	non-consensual sexual conduct who has also received a
653		-	Military Protective Order only after receiving consent
654		-	from the victim, and the petition shall include a
655		-	statement that the victim has consented to the Staff Judge
656		-	Advocate filing the petition.
657		-	(Source: P.A. 102-198, eff. 1-1-22.)
658		-	(740 ILCS 22/220)
659		-	Sec. 220. Enforcement of a civil no contact order.
660		-	(a) Nothing in this Act shall preclude any Illinois court
661		-	from enforcing a valid protective order issued in another
662		-	state or by a military judge.
663		-	(b) Illinois courts may enforce civil no contact orders
664		-	through both criminal proceedings and civil contempt
665		-	proceedings, unless the action which is second in time is
666	313
667	314
668		-	barred by collateral estoppel or the constitutional
669		-	prohibition against double jeopardy.
670		-	(b-1) The court shall not hold a school district or
671		-	private or non-public school or any of its employees in civil
672		-	or criminal contempt unless the school district or private or
673		-	non-public school has been allowed to intervene.
674		-	(b-2) The court may hold the parents, guardian, or legal
675		-	custodian of a minor respondent in civil or criminal contempt
676		-	for a violation of any provision of any order entered under
677		-	this Act for conduct of the minor respondent in violation of
678		-	this Act if the parents, guardian, or legal custodian
679		-	directed, encouraged, or assisted the respondent minor in such
680		-	conduct.
681		-	(c) Criminal prosecution. A violation of any civil no
682		-	contact order, whether issued in a civil or criminal
683		-	proceeding or by a military judge, shall be enforced by a
684		-	criminal court when the respondent commits the crime of
685		-	violation of a civil no contact order pursuant to Section 219
686		-	by having knowingly violated:
687		-	(1) remedies described in Section 213 and included in
688		-	a civil no contact order; or
689		-	(2) a provision of an order, which is substantially
690		-	similar to provisions of Section 213, in a valid civil no
691		-	contact order which is authorized under the laws of
692		-	another state, tribe, or United States territory.
693		-	Prosecution for a violation of a civil no contact order
	315	+
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694	317
695	318
696		-	shall not bar a concurrent prosecution for any other crime,
697		-	including any crime that may have been committed at the time of
698		-	the violation of the civil no contact order.
699		-	(d) Contempt of court. A violation of any valid Illinois
700		-	civil no contact order, whether issued in a civil or criminal
701		-	proceeding, may be enforced through civil or criminal contempt
702		-	procedures, as appropriate, by any court with jurisdiction,
703		-	regardless of where the act or acts which violated the civil no
704		-	contact order were committed, to the extent consistent with
705		-	the venue provisions of this Act.
706		-	(1) In a contempt proceeding where the petition for a
707		-	rule to show cause or petition for adjudication of
708		-	criminal contempt sets forth facts evidencing an immediate
709		-	danger that the respondent will flee the jurisdiction or
710		-	inflict physical abuse on the petitioner or minor children
711		-	or on dependent adults in the petitioner's care, the court
712		-	may order the attachment of the respondent without prior
713		-	service of the petition for a rule to show cause, the rule
714		-	to show cause, the petition for adjudication of criminal
715		-	contempt or the adjudication of criminal contempt.
716		-	Conditions of release shall be set unless specifically
717		-	denied in writing.
718		-	(2) A petition for a rule to show cause or a petition
719		-	for adjudication of criminal contempt for violation of a
720		-	civil no contact order shall be treated as an expedited
721		-	proceeding.
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	321	+	1 (725 ILCS 5/112A-4.5)
	322	+	2 Sec. 112A-4.5. Who may file petition.
	323	+	3 (a) A petition for a domestic violence order of protection
	324	+	4 may be filed:
	325	+	5 (1) by a named victim who has been abused by a family
	326	+	6 or household member;
	327	+	7 (2) by any person or by the State's Attorney on behalf
	328	+	8 of a named victim who is a minor child or an adult who has
	329	+	9 been abused by a family or household member and who,
	330	+	10 because of age, health, disability, or inaccessibility,
	331	+	11 cannot file the petition;
	332	+	12 (3) by a State's Attorney on behalf of any minor child
	333	+	13 or dependent adult in the care of the named victim, if the
	334	+	14 named victim does not file a petition or request the
	335	+	15 State's Attorney file the petition; or
	336	+	16 (4) any of the following persons if the person is
	337	+	17 abused by a family or household member of a child:
	338	+	18 (i) a foster parent of that child if the child has
	339	+	19 been placed in the foster parent's home by the
	340	+	20 Department of Children and Family Services or by
	341	+	21 another state's public child welfare agency;
	342	+	22 (ii) a legally appointed guardian or legally
	343	+	23 appointed custodian of that child;
	344	+	24 (iii) an adoptive parent of that child;
	345	+	25 (iv) a prospective adoptive parent of that child
722	346
723	347
724		-	(e) Actual knowledge. A civil no contact order may be
725		-	enforced pursuant to this Section if the respondent violates
726		-	the order after the respondent has actual knowledge of its
727		-	contents as shown through one of the following means:
728		-	(1) by service, delivery, or notice under Section 208;
729		-	(2) by notice under Section 218;
730		-	(3) by service of a civil no contact order under
731		-	Section 218; or
732		-	(4) by other means demonstrating actual knowledge of
733		-	the contents of the order.
734		-	(f) The enforcement of a civil no contact order in civil or
735		-	criminal court shall not be affected by either of the
736		-	following:
737		-	(1) the existence of a separate, correlative order,
738		-	entered under Section 202; or
739		-	(2) any finding or order entered in a conjoined
740		-	criminal proceeding.
741		-	(g) Circumstances. The court, when determining whether or
742		-	not a violation of a civil no contact order has occurred, shall
743		-	not require physical manifestations of abuse on the person of
744		-	the victim.
745		-	(h) Penalties.
746		-	(1) Except as provided in paragraph (3) of this
747		-	subsection, where the court finds the commission of a
748		-	crime or contempt of court under subsection (a) or (b) of
749		-	this Section, the penalty shall be the penalty that
750	348
751	349
752		-	generally applies in such criminal or contempt
753		-	proceedings, and may include one or more of the following:
754		-	incarceration, payment of restitution, a fine, payment of
755		-	attorneys' fees and costs, or community service.
756		-	(2) The court shall hear and take into account
757		-	evidence of any factors in aggravation or mitigation
758		-	before deciding an appropriate penalty under paragraph (1)
759		-	of this subsection.
760		-	(3) To the extent permitted by law, the court is
761		-	encouraged to:
762		-	(i) increase the penalty for the knowing violation
763		-	of any civil no contact order over any penalty
764		-	previously imposed by any court for respondent's
765		-	violation of any civil no contact order or penal
766		-	statute involving petitioner as victim and respondent
767		-	as defendant;
768		-	(ii) impose a minimum penalty of 24 hours
769		-	imprisonment for respondent's first violation of any
770		-	civil no contact order; and
771		-	(iii) impose a minimum penalty of 48 hours
772		-	imprisonment for respondent's second or subsequent
773		-	violation of a civil no contact order unless the court
774		-	explicitly finds that an increased penalty or that
775		-	period of imprisonment would be manifestly unjust.
776		-	(4) In addition to any other penalties imposed for a
777		-	violation of a civil no contact order, a criminal court
	350	+
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778	352
779	353
780		-	may consider evidence of any previous violations of a
781		-	civil no contact order:
782		-	(i) to modify the conditions of pretrial release
783		-	on an underlying criminal charge pursuant to Section
784		-	110-6 of the Code of Criminal Procedure of 1963;
785		-	(ii) to revoke or modify an order of probation,
786		-	conditional discharge or supervision, pursuant to
787		-	Section 5-6-4 of the Unified Code of Corrections; or
788		-	(iii) to revoke or modify a sentence of periodic
789		-	imprisonment, pursuant to Section 5-7-2 of the Unified
790		-	Code of Corrections.
791		-	(Source: P.A. 101-652, eff. 1-1-23.)
792		-	Section 25. The Illinois Domestic Violence Act of 1986 is
793		-	amended by changing Sections 222.5, 223, and 302 as follows:
794		-	(750 ILCS 60/222.5)
795		-	Sec. 222.5. Filing of an order of protection issued in
796		-	another state or other jurisdiction.
797		-	(a) A person entitled to protection under an order of
798		-	protection issued by the court of another state, tribe, or
799		-	United States territory or military judge tribunal may file a
800		-	certified copy of the order of protection with the clerk of the
801		-	court in a judicial circuit in which the person believes that
802		-	enforcement may be necessary.
803		-	(a-5) The Illinois National Guard shall file a certified
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	356	+	1 if the child has been placed in the prospective
	357	+	2 adoptive parent's home pursuant to the Adoption Act or
	358	+	3 pursuant to another state's law.
	359	+	4 For purposes of this paragraph (a)(4), individuals who
	360	+	5 would have been considered "family or household members" of
	361	+	6 the child under paragraph (3) of subsection (b) of Section
	362	+	7 112A-3 before a termination of the parental rights with
	363	+	8 respect to the child continue to meet the definition of
	364	+	9 "family or household members" of the child.
	365	+	10 (b) A petition for a civil no contact order may be filed:
	366	+	11 (1) by any person who is a named victim of
	367	+	12 non-consensual sexual conduct or non-consensual sexual
	368	+	13 penetration, including a single incident of non-consensual
	369	+	14 sexual conduct or non-consensual sexual penetration;
	370	+	15 (2) by a person or by the State's Attorney on behalf of
	371	+	16 a named victim who is a minor child or an adult who is a
	372	+	17 victim of non-consensual sexual conduct or non-consensual
	373	+	18 sexual penetration but, because of age, disability,
	374	+	19 health, or inaccessibility, cannot file the petition;
	375	+	20 (3) by a State's Attorney on behalf of any minor child
	376	+	21 who is a family or household member of the named victim, if
	377	+	22 the named victim does not file a petition or request the
	378	+	23 State's Attorney file the petition;
	379	+	24 (4) by a service member of the Illinois National Guard
	380	+	25 or any reserve military component serving within the State
	381	+	26 who is a victim of non-consensual sexual conduct who has
804	382
805	383
806		-	copy of any military order of protection with the clerk of the
807		-	court in a judicial circuit in which the person entitled to
808		-	protection resides or if the person entitled to protection is
809		-	not a State resident, in a judicial circuit in which it is
810		-	believed that enforcement may be necessary.
811		-	(b) The clerk shall:
812		-	(1) treat the foreign order of protection, including,
813		-	but not limited to, an order of protection issued by a
814		-	military judge tribunal, in the same manner as a judgment
815		-	of the circuit court for any county of this State in
816		-	accordance with the provisions of the Uniform Enforcement
817		-	of Foreign Judgments Act, except that the clerk shall not
818		-	mail notice of the filing of the foreign order to the
819		-	respondent named in the order; and
820		-	(2) on the same day that a foreign order of protection
821		-	is filed, file a certified copy of that order with the
822		-	sheriff or other law enforcement officials charged with
823		-	maintaining Illinois State Police records as set forth in
824		-	Section 222 of this Act.
825		-	(c) Neither residence in this State nor filing of a
826		-	foreign order of protection, including, but not limited to, an
827		-	order of protection issued by a military judge tribunal, shall
828		-	be required for enforcement of the order by this State.
829		-	Failure to file the foreign order shall not be an impediment to
830		-	its treatment in all respects as an Illinois order of
831		-	protection.
832	384
833	385
834		-	(d) The clerk shall not charge a fee to file a foreign
835		-	order of protection under this Section.
836		-	(e) The sheriff shall inform the Illinois State Police as
837		-	set forth in Section 302 of this Act.
838		-	(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
839		-	(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
840		-	Sec. 223. Enforcement of orders of protection.
841		-	(a) When violation is crime. A violation of any order of
842		-	protection, whether issued in a civil or criminal proceeding
843		-	or by a military judge tribunal, shall be enforced by a
844		-	criminal court when:
845		-	(1) The respondent commits the crime of violation of
846		-	an order of protection pursuant to Section 12-3.4 or 12-30
847		-	of the Criminal Code of 1961 or the Criminal Code of 2012,
848		-	by having knowingly violated:
849		-	(i) remedies described in paragraphs (1), (2),
850		-	(3), (14), or (14.5) of subsection (b) of Section 214
851		-	of this Act; or
852		-	(ii) a remedy, which is substantially similar to
853		-	the remedies authorized under paragraphs (1), (2),
854		-	(3), (14), and (14.5) of subsection (b) of Section 214
855		-	of this Act, in a valid order of protection which is
856		-	authorized under the laws of another state, tribe, or
857		-	United States territory; or
858		-	(iii) any other remedy when the act constitutes a
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859	388
860	389
861		-	crime against the protected parties as defined by the
862		-	Criminal Code of 1961 or the Criminal Code of 2012.
863		-	Prosecution for a violation of an order of protection
864		-	shall not bar concurrent prosecution for any other crime,
865		-	including any crime that may have been committed at the
866		-	time of the violation of the order of protection; or
867		-	(2) The respondent commits the crime of child
868		-	abduction pursuant to Section 10-5 of the Criminal Code of
869		-	1961 or the Criminal Code of 2012, by having knowingly
870		-	violated:
871		-	(i) remedies described in paragraphs (5), (6) or
872		-	(8) of subsection (b) of Section 214 of this Act; or
873		-	(ii) a remedy, which is substantially similar to
874		-	the remedies authorized under paragraphs (5), (6), or
875		-	(8) of subsection (b) of Section 214 of this Act, in a
876		-	valid order of protection which is authorized under
877		-	the laws of another state, tribe, or United States
878		-	territory.
879		-	(b) When violation is contempt of court. A violation of
880		-	any valid Illinois order of protection, whether issued in a
881		-	civil or criminal proceeding or by a military judge tribunal,
882		-	may be enforced through civil or criminal contempt procedures,
883		-	as appropriate, by any court with jurisdiction, regardless
884		-	where the act or acts which violated the order of protection
885		-	were committed, to the extent consistent with the venue
886		-	provisions of this Act. Nothing in this Act shall preclude any
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	392	+	1 also received a Military Protective Order; or
	393	+	2 (5) by the Staff Judge Advocate of the Illinois
	394	+	3 National Guard or any reserve military component serving
	395	+	4 in the State on behalf of a named victim who is a victim of
	396	+	5 non-consensual sexual conduct who has also received a
	397	+	6 Military Protective Order only after receiving consent
	398	+	7 from the victim, and the petition shall include a
	399	+	8 statement that the victim has consented to the Staff Judge
	400	+	9 Advocate filing the petition.
	401	+	10 (c) A petition for a stalking no contact order may be
	402	+	11 filed:
	403	+	12 (1) by any person who is a named victim of stalking;
	404	+	13 (2) by a person or by the State's Attorney on behalf of
	405	+	14 a named victim who is a minor child or an adult who is a
	406	+	15 victim of stalking but, because of age, disability,
	407	+	16 health, or inaccessibility, cannot file the petition;
	408	+	17 (3) by a State's Attorney on behalf of any minor child
	409	+	18 who is a family or household member of the named victim, if
	410	+	19 the named victim does not file a petition or request the
	411	+	20 State's Attorney file the petition;
	412	+	21 (4) by a service member of the Illinois National Guard
	413	+	22 or any reserve military component serving within the State
	414	+	23 who is a victim of non-consensual sexual conduct who has
	415	+	24 also received a Military Protective Order; or
	416	+	25 (5) by the Staff Judge Advocate of the Illinois
	417	+	26 National Guard or any reserve military component serving
887	418
888	419
889		-	Illinois court from enforcing any valid order of protection
890		-	issued in another state. Illinois courts may enforce orders of
891		-	protection through both criminal prosecution and contempt
892		-	proceedings, unless the action which is second in time is
893		-	barred by collateral estoppel or the constitutional
894		-	prohibition against double jeopardy.
895		-	(1) In a contempt proceeding where the petition for a
896		-	rule to show cause sets forth facts evidencing an
897		-	immediate danger that the respondent will flee the
898		-	jurisdiction, conceal a child, or inflict physical abuse
899		-	on the petitioner or minor children or on dependent adults
900		-	in petitioner's care, the court may order the attachment
901		-	of the respondent without prior service of the rule to
902		-	show cause or the petition for a rule to show cause.
903		-	Conditions of release shall be set unless specifically
904		-	denied in writing.
905		-	(2) A petition for a rule to show cause for violation
906		-	of an order of protection shall be treated as an expedited
907		-	proceeding.
908		-	(b-1) The court shall not hold a school district or
909		-	private or non-public school or any of its employees in civil
910		-	or criminal contempt unless the school district or private or
911		-	non-public school has been allowed to intervene.
912		-	(b-2) The court may hold the parents, guardian, or legal
913		-	custodian of a minor respondent in civil or criminal contempt
914		-	for a violation of any provision of any order entered under
915	420
916	421
917		-	this Act for conduct of the minor respondent in violation of
918		-	this Act if the parents, guardian, or legal custodian
919		-	directed, encouraged, or assisted the respondent minor in such
920		-	conduct.
921		-	(c) Violation of custody or support orders or temporary or
922		-	final judgments allocating parental responsibilities. A
923		-	violation of remedies described in paragraphs (5), (6), (8),
924		-	or (9) of subsection (b) of Section 214 of this Act may be
925		-	enforced by any remedy provided by Section 607.5 of the
926		-	Illinois Marriage and Dissolution of Marriage Act. The court
927		-	may enforce any order for support issued under paragraph (12)
928		-	of subsection (b) of Section 214 in the manner provided for
929		-	under Parts V and VII of the Illinois Marriage and Dissolution
930		-	of Marriage Act.
931		-	(d) Actual knowledge. An order of protection may be
932		-	enforced pursuant to this Section if the respondent violates
933		-	the order after the respondent has actual knowledge of its
934		-	contents as shown through one of the following means:
935		-	(1) By service, delivery, or notice under Section 210.
936		-	(2) By notice under Section 210.1 or 211.
937		-	(3) By service of an order of protection under Section
938		-	222.
939		-	(4) By other means demonstrating actual knowledge of
940		-	the contents of the order.
941		-	(e) The enforcement of an order of protection in civil or
942		-	criminal court shall not be affected by either of the
	422	+
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943	424
944	425
945		-	following:
946		-	(1) The existence of a separate, correlative order,
947		-	entered under Section 215.
948		-	(2) Any finding or order entered in a conjoined
949		-	criminal proceeding.
950		-	(f) Circumstances. The court, when determining whether or
951		-	not a violation of an order of protection has occurred, shall
952		-	not require physical manifestations of abuse on the person of
953		-	the victim.
954		-	(g) Penalties.
955		-	(1) Except as provided in paragraph (3) of this
956		-	subsection, where the court finds the commission of a
957		-	crime or contempt of court under subsections (a) or (b) of
958		-	this Section, the penalty shall be the penalty that
959		-	generally applies in such criminal or contempt
960		-	proceedings, and may include one or more of the following:
961		-	incarceration, payment of restitution, a fine, payment of
962		-	attorneys' fees and costs, or community service.
963		-	(2) The court shall hear and take into account
964		-	evidence of any factors in aggravation or mitigation
965		-	before deciding an appropriate penalty under paragraph (1)
966		-	of this subsection.
967		-	(3) To the extent permitted by law, the court is
968		-	encouraged to:
969		-	(i) increase the penalty for the knowing violation
970		-	of any order of protection over any penalty previously
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	428	+	1 in the State on behalf of a named victim who is a victim of
	429	+	2 non-consensual sexual conduct who has also received a
	430	+	3 Military Protective Order only after receiving consent
	431	+	4 from the victim, and the petition shall include a
	432	+	5 statement that the victim has consented to the Staff Judge
	433	+	6 Advocate filing the petition.
	434	+	7 (d) The State's Attorney shall file a petition on behalf
	435	+	8 of any person who may file a petition under subsections (a),
	436	+	9 (b), or (c) of this Section if the person requests the State's
	437	+	10 Attorney to file a petition on the person's behalf, unless the
	438	+	11 State's Attorney has a good faith basis to delay filing the
	439	+	12 petition. The State's Attorney shall inform the person that
	440	+	13 the State's Attorney will not be filing the petition at that
	441	+	14 time and that the person may file a petition or may retain an
	442	+	15 attorney to file the petition. The State's Attorney may file
	443	+	16 the petition at a later date.
	444	+	17 (d-5) (1) A person eligible to file a petition under
	445	+	18 subsection (a), (b), or (c) of this Section may retain an
	446	+	19 attorney to represent the petitioner on the petitioner's
	447	+	20 request for a protective order. The attorney's representation
	448	+	21 is limited to matters related to the petition and relief
	449	+	22 authorized under this Article.
	450	+	23 (2) Advocates shall be allowed to accompany the petitioner
	451	+	24 and confer with the victim, unless otherwise directed by the
	452	+	25 court. Advocates are not engaged in the unauthorized practice
	453	+	26 of law when providing assistance to the petitioner.
971	454
972	455
973		-	imposed by any court for respondent's violation of any
974		-	order of protection or penal statute involving
975		-	petitioner as victim and respondent as defendant;
976		-	(ii) impose a minimum penalty of 24 hours
977		-	imprisonment for respondent's first violation of any
978		-	order of protection; and
979		-	(iii) impose a minimum penalty of 48 hours
980		-	imprisonment for respondent's second or subsequent
981		-	violation of an order of protection
982		-	unless the court explicitly finds that an increased
983		-	penalty or that period of imprisonment would be manifestly
984		-	unjust.
985		-	(4) In addition to any other penalties imposed for a
986		-	violation of an order of protection, a criminal court may
987		-	consider evidence of any violations of an order of
988		-	protection:
989		-	(i) to increase, revoke or modify the conditions
990		-	of pretrial release on an underlying criminal charge
991		-	pursuant to Section 110-6 of the Code of Criminal
992		-	Procedure of 1963;
993		-	(ii) to revoke or modify an order of probation,
994		-	conditional discharge or supervision, pursuant to
995		-	Section 5-6-4 of the Unified Code of Corrections;
996		-	(iii) to revoke or modify a sentence of periodic
997		-	imprisonment, pursuant to Section 5-7-2 of the Unified
998		-	Code of Corrections.
999	456
1000	457
1001		-	(5) In addition to any other penalties, the court
1002		-	shall impose an additional fine of $20 as authorized by
1003		-	Section 5-9-1.11 of the Unified Code of Corrections upon
1004		-	any person convicted of or placed on supervision for a
1005		-	violation of an order of protection. The additional fine
1006		-	shall be imposed for each violation of this Section.
1007		-	(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
1008		-	(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
1009		-	Sec. 302. Data maintenance by law enforcement agencies.
1010		-	(a) All sheriffs shall furnish to the Illinois State
1011		-	Police, on the same day as received, in the form and detail the
1012		-	Illinois State Police requires, copies of any recorded
1013		-	emergency, interim, or plenary orders of protection issued by
1014		-	the court, and any foreign orders of protection, including,
1015		-	but not limited to, an order of protection issued by a military
1016		-	judge tribunal, filed by the clerk of the court, and
1017		-	transmitted to the sheriff by the clerk of the court pursuant
1018		-	to subsection (b) of Section 222 of this Act. Each order of
1019		-	protection shall be entered in the Law Enforcement Agencies
1020		-	Data System on the same day it is issued by the court. If an
1021		-	emergency order of protection was issued in accordance with
1022		-	subsection (c) of Section 217, the order shall be entered in
1023		-	the Law Enforcement Agencies Data System as soon as possible
1024		-	after receipt from the clerk.
1025		-	(b) The Illinois State Police shall maintain a complete
	458	+
	459	+	HB3103 Enrolled - 13 - LRB103 30894 LNS 57433 b
1026	460
1027	461
1028		-	and systematic record and index of all valid and recorded
1029		-	orders of protection issued pursuant to this Act. The data
1030		-	shall be used to inform all dispatchers and law enforcement
1031		-	officers at the scene of an alleged incident of abuse,
1032		-	neglect, or exploitation or violation of an order of
1033		-	protection of any recorded prior incident of abuse, neglect,
1034		-	or exploitation involving the abused, neglected, or exploited
1035		-	party and the effective dates and terms of any recorded order
1036		-	of protection.
1037		-	(c) The data, records and transmittals required under this
1038		-	Section shall pertain to any valid emergency, interim or
1039		-	plenary order of protection, whether issued in a civil or
1040		-	criminal proceeding or authorized under the laws of another
1041		-	state, tribe, or United States territory.
1042		-	(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
1043		-	Section 99. Effective date. This Act takes effect upon
1044		-	becoming law.
	462	+	HB3103 Enrolled- 14 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 14 - LRB103 30894 LNS 57433 b
	463	+	HB3103 Enrolled - 14 - LRB103 30894 LNS 57433 b
	464	+	1 (e) Any petition properly filed under this Article may
	465	+	2 seek protection for any additional persons protected by this
	466	+	3 Article.
	467	+	4 (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
	468	+	5 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
	469	+	6 Sec. 112A-23. Enforcement of protective orders.
	470	+	7 (a) When violation is crime. A violation of any protective
	471	+	8 order, whether issued in a civil, quasi-criminal proceeding or
	472	+	9 by a military judge tribunal, shall be enforced by a criminal
	473	+	10 court when:
	474	+	11 (1) The respondent commits the crime of violation of a
	475	+	12 domestic violence order of protection pursuant to Section
	476	+	13 12-3.4 or 12-30 of the Criminal Code of 1961 or the
	477	+	14 Criminal Code of 2012, by having knowingly violated:
	478	+	15 (i) remedies described in paragraph (1), (2), (3),
	479	+	16 (14), or (14.5) of subsection (b) of Section 112A-14
	480	+	17 of this Code,
	481	+	18 (ii) a remedy, which is substantially similar to
	482	+	19 the remedies authorized under paragraph (1), (2), (3),
	483	+	20 (14), or (14.5) of subsection (b) of Section 214 of the
	484	+	21 Illinois Domestic Violence Act of 1986, in a valid
	485	+	22 order of protection, which is authorized under the
	486	+	23 laws of another state, tribe, or United States
	487	+	24 territory, or
	488	+	25 (iii) any other remedy when the act constitutes a
	489	+
	490	+
	491	+
	492	+
	493	+
	494	+	HB3103 Enrolled - 14 - LRB103 30894 LNS 57433 b
	495	+
	496	+
	497	+	HB3103 Enrolled- 15 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 15 - LRB103 30894 LNS 57433 b
	498	+	HB3103 Enrolled - 15 - LRB103 30894 LNS 57433 b
	499	+	1 crime against the protected parties as defined by the
	500	+	2 Criminal Code of 1961 or the Criminal Code of 2012.
	501	+	3 Prosecution for a violation of a domestic violence
	502	+	4 order of protection shall not bar concurrent prosecution
	503	+	5 for any other crime, including any crime that may have
	504	+	6 been committed at the time of the violation of the
	505	+	7 domestic violence order of protection; or
	506	+	8 (2) The respondent commits the crime of child
	507	+	9 abduction pursuant to Section 10-5 of the Criminal Code of
	508	+	10 1961 or the Criminal Code of 2012, by having knowingly
	509	+	11 violated:
	510	+	12 (i) remedies described in paragraph (5), (6), or
	511	+	13 (8) of subsection (b) of Section 112A-14 of this Code,
	512	+	14 or
	513	+	15 (ii) a remedy, which is substantially similar to
	514	+	16 the remedies authorized under paragraph (1), (5), (6),
	515	+	17 or (8) of subsection (b) of Section 214 of the Illinois
	516	+	18 Domestic Violence Act of 1986, in a valid domestic
	517	+	19 violence order of protection, which is authorized
	518	+	20 under the laws of another state, tribe, or United
	519	+	21 States territory.
	520	+	22 (3) The respondent commits the crime of violation of a
	521	+	23 civil no contact order when the respondent violates
	522	+	24 Section 12-3.8 of the Criminal Code of 2012. Prosecution
	523	+	25 for a violation of a civil no contact order shall not bar
	524	+	26 concurrent prosecution for any other crime, including any
	525	+
	526	+
	527	+
	528	+
	529	+
	530	+	HB3103 Enrolled - 15 - LRB103 30894 LNS 57433 b
	531	+
	532	+
	533	+	HB3103 Enrolled- 16 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 16 - LRB103 30894 LNS 57433 b
	534	+	HB3103 Enrolled - 16 - LRB103 30894 LNS 57433 b
	535	+	1 crime that may have been committed at the time of the
	536	+	2 violation of the civil no contact order.
	537	+	3 (4) The respondent commits the crime of violation of a
	538	+	4 stalking no contact order when the respondent violates
	539	+	5 Section 12-3.9 of the Criminal Code of 2012. Prosecution
	540	+	6 for a violation of a stalking no contact order shall not
	541	+	7 bar concurrent prosecution for any other crime, including
	542	+	8 any crime that may have been committed at the time of the
	543	+	9 violation of the stalking no contact order.
	544	+	10 (b) When violation is contempt of court. A violation of
	545	+	11 any valid protective order, whether issued in a civil or
	546	+	12 criminal proceeding or by a military judge tribunal, may be
	547	+	13 enforced through civil or criminal contempt procedures, as
	548	+	14 appropriate, by any court with jurisdiction, regardless where
	549	+	15 the act or acts which violated the protective order were
	550	+	16 committed, to the extent consistent with the venue provisions
	551	+	17 of this Article. Nothing in this Article shall preclude any
	552	+	18 Illinois court from enforcing any valid protective order
	553	+	19 issued in another state. Illinois courts may enforce
	554	+	20 protective orders through both criminal prosecution and
	555	+	21 contempt proceedings, unless the action which is second in
	556	+	22 time is barred by collateral estoppel or the constitutional
	557	+	23 prohibition against double jeopardy.
	558	+	24 (1) In a contempt proceeding where the petition for a
	559	+	25 rule to show cause sets forth facts evidencing an
	560	+	26 immediate danger that the respondent will flee the
	561	+
	562	+
	563	+
	564	+
	565	+
	566	+	HB3103 Enrolled - 16 - LRB103 30894 LNS 57433 b
	567	+
	568	+
	569	+	HB3103 Enrolled- 17 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 17 - LRB103 30894 LNS 57433 b
	570	+	HB3103 Enrolled - 17 - LRB103 30894 LNS 57433 b
	571	+	1 jurisdiction, conceal a child, or inflict physical abuse
	572	+	2 on the petitioner or minor children or on dependent adults
	573	+	3 in petitioner's care, the court may order the attachment
	574	+	4 of the respondent without prior service of the rule to
	575	+	5 show cause or the petition for a rule to show cause. Bond
	576	+	6 shall be set unless specifically denied in writing.
	577	+	7 (2) A petition for a rule to show cause for violation
	578	+	8 of a protective order shall be treated as an expedited
	579	+	9 proceeding.
	580	+	10 (c) Violation of custody, allocation of parental
	581	+	11 responsibility, or support orders. A violation of remedies
	582	+	12 described in paragraph (5), (6), (8), or (9) of subsection (b)
	583	+	13 of Section 112A-14 of this Code may be enforced by any remedy
	584	+	14 provided by Section 607.5 of the Illinois Marriage and
	585	+	15 Dissolution of Marriage Act. The court may enforce any order
	586	+	16 for support issued under paragraph (12) of subsection (b) of
	587	+	17 Section 112A-14 of this Code in the manner provided for under
	588	+	18 Parts V and VII of the Illinois Marriage and Dissolution of
	589	+	19 Marriage Act.
	590	+	20 (d) Actual knowledge. A protective order may be enforced
	591	+	21 pursuant to this Section if the respondent violates the order
	592	+	22 after the respondent has actual knowledge of its contents as
	593	+	23 shown through one of the following means:
	594	+	24 (1) (Blank).
	595	+	25 (2) (Blank).
	596	+	26 (3) By service of a protective order under subsection
	597	+
	598	+
	599	+
	600	+
	601	+
	602	+	HB3103 Enrolled - 17 - LRB103 30894 LNS 57433 b
	603	+
	604	+
	605	+	HB3103 Enrolled- 18 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 18 - LRB103 30894 LNS 57433 b
	606	+	HB3103 Enrolled - 18 - LRB103 30894 LNS 57433 b
	607	+	1 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
	608	+	2 (4) By other means demonstrating actual knowledge of
	609	+	3 the contents of the order.
	610	+	4 (e) The enforcement of a protective order in civil or
	611	+	5 criminal court shall not be affected by either of the
	612	+	6 following:
	613	+	7 (1) The existence of a separate, correlative order
	614	+	8 entered under Section 112A-15 of this Code.
	615	+	9 (2) Any finding or order entered in a conjoined
	616	+	10 criminal proceeding.
	617	+	11 (e-5) If a civil no contact order entered under subsection
	618	+	12 (6) of Section 112A-20 of the Code of Criminal Procedure of
	619	+	13 1963 conflicts with an order issued pursuant to the Juvenile
	620	+	14 Court Act of 1987 or the Illinois Marriage and Dissolution of
	621	+	15 Marriage Act, the conflicting order issued under subsection
	622	+	16 (6) of Section 112A-20 of the Code of Criminal Procedure of
	623	+	17 1963 shall be void.
	624	+	18 (f) Circumstances. The court, when determining whether or
	625	+	19 not a violation of a protective order has occurred, shall not
	626	+	20 require physical manifestations of abuse on the person of the
	627	+	21 victim.
	628	+	22 (g) Penalties.
	629	+	23 (1) Except as provided in paragraph (3) of this
	630	+	24 subsection (g), where the court finds the commission of a
	631	+	25 crime or contempt of court under subsection (a) or (b) of
	632	+	26 this Section, the penalty shall be the penalty that
	633	+
	634	+
	635	+
	636	+
	637	+
	638	+	HB3103 Enrolled - 18 - LRB103 30894 LNS 57433 b
	639	+
	640	+
	641	+	HB3103 Enrolled- 19 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 19 - LRB103 30894 LNS 57433 b
	642	+	HB3103 Enrolled - 19 - LRB103 30894 LNS 57433 b
	643	+	1 generally applies in such criminal or contempt
	644	+	2 proceedings, and may include one or more of the following:
	645	+	3 incarceration, payment of restitution, a fine, payment of
	646	+	4 attorneys' fees and costs, or community service.
	647	+	5 (2) The court shall hear and take into account
	648	+	6 evidence of any factors in aggravation or mitigation
	649	+	7 before deciding an appropriate penalty under paragraph (1)
	650	+	8 of this subsection (g).
	651	+	9 (3) To the extent permitted by law, the court is
	652	+	10 encouraged to:
	653	+	11 (i) increase the penalty for the knowing violation
	654	+	12 of any protective order over any penalty previously
	655	+	13 imposed by any court for respondent's violation of any
	656	+	14 protective order or penal statute involving petitioner
	657	+	15 as victim and respondent as defendant;
	658	+	16 (ii) impose a minimum penalty of 24 hours
	659	+	17 imprisonment for respondent's first violation of any
	660	+	18 protective order; and
	661	+	19 (iii) impose a minimum penalty of 48 hours
	662	+	20 imprisonment for respondent's second or subsequent
	663	+	21 violation of a protective order
	664	+	22 unless the court explicitly finds that an increased
	665	+	23 penalty or that period of imprisonment would be manifestly
	666	+	24 unjust.
	667	+	25 (4) In addition to any other penalties imposed for a
	668	+	26 violation of a protective order, a criminal court may
	669	+
	670	+
	671	+
	672	+
	673	+
	674	+	HB3103 Enrolled - 19 - LRB103 30894 LNS 57433 b
	675	+
	676	+
	677	+	HB3103 Enrolled- 20 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 20 - LRB103 30894 LNS 57433 b
	678	+	HB3103 Enrolled - 20 - LRB103 30894 LNS 57433 b
	679	+	1 consider evidence of any violations of a protective order:
	680	+	2 (i) to modify the conditions of pretrial release
	681	+	3 on an underlying criminal charge pursuant to Section
	682	+	4 110-6 of this Code;
	683	+	5 (ii) to revoke or modify an order of probation,
	684	+	6 conditional discharge, or supervision, pursuant to
	685	+	7 Section 5-6-4 of the Unified Code of Corrections;
	686	+	8 (iii) to revoke or modify a sentence of periodic
	687	+	9 imprisonment, pursuant to Section 5-7-2 of the Unified
	688	+	10 Code of Corrections.
	689	+	11 (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
	690	+	12 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
	691	+	13 5-19-22.)
	692	+	14 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
	693	+	15 Sec. 112A-28. Data maintenance by law enforcement
	694	+	16 agencies.
	695	+	17 (a) All sheriffs shall furnish to the Illinois State
	696	+	18 Police, daily, in the form and detail the Illinois State
	697	+	19 Police requires, copies of any recorded protective orders
	698	+	20 issued by the court, and any foreign protective orders,
	699	+	21 including, but not limited to, an order of protection issued
	700	+	22 by a military judge tribunal, filed by the clerk of the court,
	701	+	23 and transmitted to the sheriff by the clerk of the court. Each
	702	+	24 protective order shall be entered in the Law Enforcement
	703	+	25 Agencies Data System on the same day it is issued by the court.
	704	+
	705	+
	706	+
	707	+
	708	+
	709	+	HB3103 Enrolled - 20 - LRB103 30894 LNS 57433 b
	710	+
	711	+
	712	+	HB3103 Enrolled- 21 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 21 - LRB103 30894 LNS 57433 b
	713	+	HB3103 Enrolled - 21 - LRB103 30894 LNS 57433 b
	714	+	1 (b) The Illinois State Police shall maintain a complete
	715	+	2 and systematic record and index of all valid and recorded
	716	+	3 protective orders issued or filed under this Act. The data
	717	+	4 shall be used to inform all dispatchers and law enforcement
	718	+	5 officers at the scene of an alleged incident of abuse or
	719	+	6 violation of a protective order of any recorded prior incident
	720	+	7 of abuse involving the abused party and the effective dates
	721	+	8 and terms of any recorded protective order.
	722	+	9 (c) The data, records and transmittals required under this
	723	+	10 Section shall pertain to:
	724	+	11 (1) any valid emergency, interim or plenary domestic
	725	+	12 violence order of protection, civil no contact or stalking
	726	+	13 no contact order issued in a civil proceeding; and
	727	+	14 (2) any valid ex parte or final protective order
	728	+	15 issued in a criminal proceeding or authorized under the
	729	+	16 laws of another state, tribe, or United States territory.
	730	+	17 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
	731	+	18 Section 15. The Stalking No Contact Order Act is amended
	732	+	19 by changing Section 15 as follows:
	733	+	20 (740 ILCS 21/15)
	734	+	21 Sec. 15. Persons protected by this Act. A petition for a
	735	+	22 stalking no contact order may be filed when relief is not
	736	+	23 available to the petitioner under the Illinois Domestic
	737	+	24 Violence Act of 1986:
	738	+
	739	+
	740	+
	741	+
	742	+
	743	+	HB3103 Enrolled - 21 - LRB103 30894 LNS 57433 b
	744	+
	745	+
	746	+	HB3103 Enrolled- 22 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 22 - LRB103 30894 LNS 57433 b
	747	+	HB3103 Enrolled - 22 - LRB103 30894 LNS 57433 b
	748	+	1 (1) by any person who is a victim of stalking;
	749	+	2 (2) by a person on behalf of a minor child or an adult
	750	+	3 who is a victim of stalking but, because of age,
	751	+	4 disability, health, or inaccessibility, cannot file the
	752	+	5 petition;
	753	+	6 (3) by an authorized agent of a workplace;
	754	+	7 (4) by an authorized agent of a place of worship; or
	755	+	8 (5) by an authorized agent of a school;
	756	+	9 (6) by a service member of the Illinois National Guard
	757	+	10 or any reserve military component serving within the State
	758	+	11 who is a victim of stalking who has also received a
	759	+	12 Military Protective Order; or
	760	+	13 (7) by the Staff Judge Advocate of the Illinois
	761	+	14 National Guard or any reserve military component serving
	762	+	15 within the State on behalf of a named victim who is a
	763	+	16 victim of stalking who has also received a Military
	764	+	17 Protective Order only after receiving consent from the
	765	+	18 victim, and the petition shall include a statement that
	766	+	19 the victim has consented to the Staff Judge Advocate
	767	+	20 filing the petition.
	768	+	21 (Source: P.A. 100-1000, eff. 1-1-19.)
	769	+	22 Section 20. The Civil No Contact Order Act is amended by
	770	+	23 changing Sections 201 and 220 as follows:
	771	+	24 (740 ILCS 22/201)
	772	+
	773	+
	774	+
	775	+
	776	+
	777	+	HB3103 Enrolled - 22 - LRB103 30894 LNS 57433 b
	778	+
	779	+
	780	+	HB3103 Enrolled- 23 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 23 - LRB103 30894 LNS 57433 b
	781	+	HB3103 Enrolled - 23 - LRB103 30894 LNS 57433 b
	782	+	1 Sec. 201. Persons protected by this Act.
	783	+	2 (a) The following persons are protected by this Act:
	784	+	3 (1) any victim of non-consensual sexual conduct or
	785	+	4 non-consensual sexual penetration on whose behalf the
	786	+	5 petition is brought;
	787	+	6 (2) any family or household member of the named
	788	+	7 victim; and
	789	+	8 (3) any employee of or volunteer at a rape crisis
	790	+	9 center that is providing services to the petitioner or the
	791	+	10 petitioner's family or household member; and .
	792	+	11 (4) any service member of the Illinois National Guard
	793	+	12 or any reserve military component serving within the State
	794	+	13 who is a victim of non-consensual sexual conduct who has
	795	+	14 also received a Military Protective Order.
	796	+	15 (b) A petition for a civil no contact order may be filed:
	797	+	16 (1) by any person who is a victim of non-consensual
	798	+	17 sexual conduct or non-consensual sexual penetration,
	799	+	18 including a single incident of non-consensual sexual
	800	+	19 conduct or non-consensual sexual penetration;
	801	+	20 (2) by a person on behalf of a minor child or an adult
	802	+	21 who is a victim of non-consensual sexual conduct or
	803	+	22 non-consensual sexual penetration but, because of age,
	804	+	23 disability, health, or inaccessibility, cannot file the
	805	+	24 petition; or
	806	+	25 (3) only after receiving consent from the victim, by
	807	+	26 any family or household member of a victim of
	808	+
	809	+
	810	+
	811	+
	812	+
	813	+	HB3103 Enrolled - 23 - LRB103 30894 LNS 57433 b
	814	+
	815	+
	816	+	HB3103 Enrolled- 24 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 24 - LRB103 30894 LNS 57433 b
	817	+	HB3103 Enrolled - 24 - LRB103 30894 LNS 57433 b
	818	+	1 non-consensual sexual conduct or non-consensual sexual
	819	+	2 penetration, and the petition shall include a statement
	820	+	3 that the victim has consented to the family or household
	821	+	4 member filing the petition; .
	822	+	5 (4) any service member of the Illinois National Guard
	823	+	6 or any reserve military component serving within the State
	824	+	7 who is a victim of non-consensual sexual conduct who has
	825	+	8 also received a Military Protective Order; or
	826	+	9 (5) the Staff Judge Advocate of the Illinois National
	827	+	10 Guard or any reserve military component serving within the
	828	+	11 State on behalf of a named victim who is a victim of
	829	+	12 non-consensual sexual conduct who has also received a
	830	+	13 Military Protective Order only after receiving consent
	831	+	14 from the victim, and the petition shall include a
	832	+	15 statement that the victim has consented to the Staff Judge
	833	+	16 Advocate filing the petition.
	834	+	17 (Source: P.A. 102-198, eff. 1-1-22.)
	835	+	18 (740 ILCS 22/220)
	836	+	19 Sec. 220. Enforcement of a civil no contact order.
	837	+	20 (a) Nothing in this Act shall preclude any Illinois court
	838	+	21 from enforcing a valid protective order issued in another
	839	+	22 state or by a military judge.
	840	+	23 (b) Illinois courts may enforce civil no contact orders
	841	+	24 through both criminal proceedings and civil contempt
	842	+	25 proceedings, unless the action which is second in time is
	843	+
	844	+
	845	+
	846	+
	847	+
	848	+	HB3103 Enrolled - 24 - LRB103 30894 LNS 57433 b
	849	+
	850	+
	851	+	HB3103 Enrolled- 25 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 25 - LRB103 30894 LNS 57433 b
	852	+	HB3103 Enrolled - 25 - LRB103 30894 LNS 57433 b
	853	+	1 barred by collateral estoppel or the constitutional
	854	+	2 prohibition against double jeopardy.
	855	+	3 (b-1) The court shall not hold a school district or
	856	+	4 private or non-public school or any of its employees in civil
	857	+	5 or criminal contempt unless the school district or private or
	858	+	6 non-public school has been allowed to intervene.
	859	+	7 (b-2) The court may hold the parents, guardian, or legal
	860	+	8 custodian of a minor respondent in civil or criminal contempt
	861	+	9 for a violation of any provision of any order entered under
	862	+	10 this Act for conduct of the minor respondent in violation of
	863	+	11 this Act if the parents, guardian, or legal custodian
	864	+	12 directed, encouraged, or assisted the respondent minor in such
	865	+	13 conduct.
	866	+	14 (c) Criminal prosecution. A violation of any civil no
	867	+	15 contact order, whether issued in a civil or criminal
	868	+	16 proceeding or by a military judge, shall be enforced by a
	869	+	17 criminal court when the respondent commits the crime of
	870	+	18 violation of a civil no contact order pursuant to Section 219
	871	+	19 by having knowingly violated:
	872	+	20 (1) remedies described in Section 213 and included in
	873	+	21 a civil no contact order; or
	874	+	22 (2) a provision of an order, which is substantially
	875	+	23 similar to provisions of Section 213, in a valid civil no
	876	+	24 contact order which is authorized under the laws of
	877	+	25 another state, tribe, or United States territory.
	878	+	26 Prosecution for a violation of a civil no contact order
	879	+
	880	+
	881	+
	882	+
	883	+
	884	+	HB3103 Enrolled - 25 - LRB103 30894 LNS 57433 b
	885	+
	886	+
	887	+	HB3103 Enrolled- 26 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 26 - LRB103 30894 LNS 57433 b
	888	+	HB3103 Enrolled - 26 - LRB103 30894 LNS 57433 b
	889	+	1 shall not bar a concurrent prosecution for any other crime,
	890	+	2 including any crime that may have been committed at the time of
	891	+	3 the violation of the civil no contact order.
	892	+	4 (d) Contempt of court. A violation of any valid Illinois
	893	+	5 civil no contact order, whether issued in a civil or criminal
	894	+	6 proceeding, may be enforced through civil or criminal contempt
	895	+	7 procedures, as appropriate, by any court with jurisdiction,
	896	+	8 regardless of where the act or acts which violated the civil no
	897	+	9 contact order were committed, to the extent consistent with
	898	+	10 the venue provisions of this Act.
	899	+	11 (1) In a contempt proceeding where the petition for a
	900	+	12 rule to show cause or petition for adjudication of
	901	+	13 criminal contempt sets forth facts evidencing an immediate
	902	+	14 danger that the respondent will flee the jurisdiction or
	903	+	15 inflict physical abuse on the petitioner or minor children
	904	+	16 or on dependent adults in the petitioner's care, the court
	905	+	17 may order the attachment of the respondent without prior
	906	+	18 service of the petition for a rule to show cause, the rule
	907	+	19 to show cause, the petition for adjudication of criminal
	908	+	20 contempt or the adjudication of criminal contempt.
	909	+	21 Conditions of release shall be set unless specifically
	910	+	22 denied in writing.
	911	+	23 (2) A petition for a rule to show cause or a petition
	912	+	24 for adjudication of criminal contempt for violation of a
	913	+	25 civil no contact order shall be treated as an expedited
	914	+	26 proceeding.
	915	+
	916	+
	917	+
	918	+
	919	+
	920	+	HB3103 Enrolled - 26 - LRB103 30894 LNS 57433 b
	921	+
	922	+
	923	+	HB3103 Enrolled- 27 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 27 - LRB103 30894 LNS 57433 b
	924	+	HB3103 Enrolled - 27 - LRB103 30894 LNS 57433 b
	925	+	1 (e) Actual knowledge. A civil no contact order may be
	926	+	2 enforced pursuant to this Section if the respondent violates
	927	+	3 the order after the respondent has actual knowledge of its
	928	+	4 contents as shown through one of the following means:
	929	+	5 (1) by service, delivery, or notice under Section 208;
	930	+	6 (2) by notice under Section 218;
	931	+	7 (3) by service of a civil no contact order under
	932	+	8 Section 218; or
	933	+	9 (4) by other means demonstrating actual knowledge of
	934	+	10 the contents of the order.
	935	+	11 (f) The enforcement of a civil no contact order in civil or
	936	+	12 criminal court shall not be affected by either of the
	937	+	13 following:
	938	+	14 (1) the existence of a separate, correlative order,
	939	+	15 entered under Section 202; or
	940	+	16 (2) any finding or order entered in a conjoined
	941	+	17 criminal proceeding.
	942	+	18 (g) Circumstances. The court, when determining whether or
	943	+	19 not a violation of a civil no contact order has occurred, shall
	944	+	20 not require physical manifestations of abuse on the person of
	945	+	21 the victim.
	946	+	22 (h) Penalties.
	947	+	23 (1) Except as provided in paragraph (3) of this
	948	+	24 subsection, where the court finds the commission of a
	949	+	25 crime or contempt of court under subsection (a) or (b) of
	950	+	26 this Section, the penalty shall be the penalty that
	951	+
	952	+
	953	+
	954	+
	955	+
	956	+	HB3103 Enrolled - 27 - LRB103 30894 LNS 57433 b
	957	+
	958	+
	959	+	HB3103 Enrolled- 28 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 28 - LRB103 30894 LNS 57433 b
	960	+	HB3103 Enrolled - 28 - LRB103 30894 LNS 57433 b
	961	+	1 generally applies in such criminal or contempt
	962	+	2 proceedings, and may include one or more of the following:
	963	+	3 incarceration, payment of restitution, a fine, payment of
	964	+	4 attorneys' fees and costs, or community service.
	965	+	5 (2) The court shall hear and take into account
	966	+	6 evidence of any factors in aggravation or mitigation
	967	+	7 before deciding an appropriate penalty under paragraph (1)
	968	+	8 of this subsection.
	969	+	9 (3) To the extent permitted by law, the court is
	970	+	10 encouraged to:
	971	+	11 (i) increase the penalty for the knowing violation
	972	+	12 of any civil no contact order over any penalty
	973	+	13 previously imposed by any court for respondent's
	974	+	14 violation of any civil no contact order or penal
	975	+	15 statute involving petitioner as victim and respondent
	976	+	16 as defendant;
	977	+	17 (ii) impose a minimum penalty of 24 hours
	978	+	18 imprisonment for respondent's first violation of any
	979	+	19 civil no contact order; and
	980	+	20 (iii) impose a minimum penalty of 48 hours
	981	+	21 imprisonment for respondent's second or subsequent
	982	+	22 violation of a civil no contact order unless the court
	983	+	23 explicitly finds that an increased penalty or that
	984	+	24 period of imprisonment would be manifestly unjust.
	985	+	25 (4) In addition to any other penalties imposed for a
	986	+	26 violation of a civil no contact order, a criminal court
	987	+
	988	+
	989	+
	990	+
	991	+
	992	+	HB3103 Enrolled - 28 - LRB103 30894 LNS 57433 b
	993	+
	994	+
	995	+	HB3103 Enrolled- 29 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 29 - LRB103 30894 LNS 57433 b
	996	+	HB3103 Enrolled - 29 - LRB103 30894 LNS 57433 b
	997	+	1 may consider evidence of any previous violations of a
	998	+	2 civil no contact order:
	999	+	3 (i) to modify the conditions of pretrial release
	1000	+	4 on an underlying criminal charge pursuant to Section
	1001	+	5 110-6 of the Code of Criminal Procedure of 1963;
	1002	+	6 (ii) to revoke or modify an order of probation,
	1003	+	7 conditional discharge or supervision, pursuant to
	1004	+	8 Section 5-6-4 of the Unified Code of Corrections; or
	1005	+	9 (iii) to revoke or modify a sentence of periodic
	1006	+	10 imprisonment, pursuant to Section 5-7-2 of the Unified
	1007	+	11 Code of Corrections.
	1008	+	12 (Source: P.A. 101-652, eff. 1-1-23.)
	1009	+	13 Section 25. The Illinois Domestic Violence Act of 1986 is
	1010	+	14 amended by changing Sections 222.5, 223, and 302 as follows:
	1011	+	15 (750 ILCS 60/222.5)
	1012	+	16 Sec. 222.5. Filing of an order of protection issued in
	1013	+	17 another state or other jurisdiction.
	1014	+	18 (a) A person entitled to protection under an order of
	1015	+	19 protection issued by the court of another state, tribe, or
	1016	+	20 United States territory or military judge tribunal may file a
	1017	+	21 certified copy of the order of protection with the clerk of the
	1018	+	22 court in a judicial circuit in which the person believes that
	1019	+	23 enforcement may be necessary.
	1020	+	24 (a-5) The Illinois National Guard shall file a certified
	1021	+
	1022	+
	1023	+
	1024	+
	1025	+
	1026	+	HB3103 Enrolled - 29 - LRB103 30894 LNS 57433 b
	1027	+
	1028	+
	1029	+	HB3103 Enrolled- 30 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 30 - LRB103 30894 LNS 57433 b
	1030	+	HB3103 Enrolled - 30 - LRB103 30894 LNS 57433 b
	1031	+	1 copy of any military order of protection with the clerk of the
	1032	+	2 court in a judicial circuit in which the person entitled to
	1033	+	3 protection resides or if the person entitled to protection is
	1034	+	4 not a State resident, in a judicial circuit in which it is
	1035	+	5 believed that enforcement may be necessary.
	1036	+	6 (b) The clerk shall:
	1037	+	7 (1) treat the foreign order of protection, including,
	1038	+	8 but not limited to, an order of protection issued by a
	1039	+	9 military judge tribunal, in the same manner as a judgment
	1040	+	10 of the circuit court for any county of this State in
	1041	+	11 accordance with the provisions of the Uniform Enforcement
	1042	+	12 of Foreign Judgments Act, except that the clerk shall not
	1043	+	13 mail notice of the filing of the foreign order to the
	1044	+	14 respondent named in the order; and
	1045	+	15 (2) on the same day that a foreign order of protection
	1046	+	16 is filed, file a certified copy of that order with the
	1047	+	17 sheriff or other law enforcement officials charged with
	1048	+	18 maintaining Illinois State Police records as set forth in
	1049	+	19 Section 222 of this Act.
	1050	+	20 (c) Neither residence in this State nor filing of a
	1051	+	21 foreign order of protection, including, but not limited to, an
	1052	+	22 order of protection issued by a military judge tribunal, shall
	1053	+	23 be required for enforcement of the order by this State.
	1054	+	24 Failure to file the foreign order shall not be an impediment to
	1055	+	25 its treatment in all respects as an Illinois order of
	1056	+	26 protection.
	1057	+
	1058	+
	1059	+
	1060	+
	1061	+
	1062	+	HB3103 Enrolled - 30 - LRB103 30894 LNS 57433 b
	1063	+
	1064	+
	1065	+	HB3103 Enrolled- 31 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 31 - LRB103 30894 LNS 57433 b
	1066	+	HB3103 Enrolled - 31 - LRB103 30894 LNS 57433 b
	1067	+	1 (d) The clerk shall not charge a fee to file a foreign
	1068	+	2 order of protection under this Section.
	1069	+	3 (e) The sheriff shall inform the Illinois State Police as
	1070	+	4 set forth in Section 302 of this Act.
	1071	+	5 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
	1072	+	6 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
	1073	+	7 Sec. 223. Enforcement of orders of protection.
	1074	+	8 (a) When violation is crime. A violation of any order of
	1075	+	9 protection, whether issued in a civil or criminal proceeding
	1076	+	10 or by a military judge tribunal, shall be enforced by a
	1077	+	11 criminal court when:
	1078	+	12 (1) The respondent commits the crime of violation of
	1079	+	13 an order of protection pursuant to Section 12-3.4 or 12-30
	1080	+	14 of the Criminal Code of 1961 or the Criminal Code of 2012,
	1081	+	15 by having knowingly violated:
	1082	+	16 (i) remedies described in paragraphs (1), (2),
	1083	+	17 (3), (14), or (14.5) of subsection (b) of Section 214
	1084	+	18 of this Act; or
	1085	+	19 (ii) a remedy, which is substantially similar to
	1086	+	20 the remedies authorized under paragraphs (1), (2),
	1087	+	21 (3), (14), and (14.5) of subsection (b) of Section 214
	1088	+	22 of this Act, in a valid order of protection which is
	1089	+	23 authorized under the laws of another state, tribe, or
	1090	+	24 United States territory; or
	1091	+	25 (iii) any other remedy when the act constitutes a
	1092	+
	1093	+
	1094	+
	1095	+
	1096	+
	1097	+	HB3103 Enrolled - 31 - LRB103 30894 LNS 57433 b
	1098	+
	1099	+
	1100	+	HB3103 Enrolled- 32 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 32 - LRB103 30894 LNS 57433 b
	1101	+	HB3103 Enrolled - 32 - LRB103 30894 LNS 57433 b
	1102	+	1 crime against the protected parties as defined by the
	1103	+	2 Criminal Code of 1961 or the Criminal Code of 2012.
	1104	+	3 Prosecution for a violation of an order of protection
	1105	+	4 shall not bar concurrent prosecution for any other crime,
	1106	+	5 including any crime that may have been committed at the
	1107	+	6 time of the violation of the order of protection; or
	1108	+	7 (2) The respondent commits the crime of child
	1109	+	8 abduction pursuant to Section 10-5 of the Criminal Code of
	1110	+	9 1961 or the Criminal Code of 2012, by having knowingly
	1111	+	10 violated:
	1112	+	11 (i) remedies described in paragraphs (5), (6) or
	1113	+	12 (8) of subsection (b) of Section 214 of this Act; or
	1114	+	13 (ii) a remedy, which is substantially similar to
	1115	+	14 the remedies authorized under paragraphs (5), (6), or
	1116	+	15 (8) of subsection (b) of Section 214 of this Act, in a
	1117	+	16 valid order of protection which is authorized under
	1118	+	17 the laws of another state, tribe, or United States
	1119	+	18 territory.
	1120	+	19 (b) When violation is contempt of court. A violation of
	1121	+	20 any valid Illinois order of protection, whether issued in a
	1122	+	21 civil or criminal proceeding or by a military judge tribunal,
	1123	+	22 may be enforced through civil or criminal contempt procedures,
	1124	+	23 as appropriate, by any court with jurisdiction, regardless
	1125	+	24 where the act or acts which violated the order of protection
	1126	+	25 were committed, to the extent consistent with the venue
	1127	+	26 provisions of this Act. Nothing in this Act shall preclude any
	1128	+
	1129	+
	1130	+
	1131	+
	1132	+
	1133	+	HB3103 Enrolled - 32 - LRB103 30894 LNS 57433 b
	1134	+
	1135	+
	1136	+	HB3103 Enrolled- 33 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 33 - LRB103 30894 LNS 57433 b
	1137	+	HB3103 Enrolled - 33 - LRB103 30894 LNS 57433 b
	1138	+	1 Illinois court from enforcing any valid order of protection
	1139	+	2 issued in another state. Illinois courts may enforce orders of
	1140	+	3 protection through both criminal prosecution and contempt
	1141	+	4 proceedings, unless the action which is second in time is
	1142	+	5 barred by collateral estoppel or the constitutional
	1143	+	6 prohibition against double jeopardy.
	1144	+	7 (1) In a contempt proceeding where the petition for a
	1145	+	8 rule to show cause sets forth facts evidencing an
	1146	+	9 immediate danger that the respondent will flee the
	1147	+	10 jurisdiction, conceal a child, or inflict physical abuse
	1148	+	11 on the petitioner or minor children or on dependent adults
	1149	+	12 in petitioner's care, the court may order the attachment
	1150	+	13 of the respondent without prior service of the rule to
	1151	+	14 show cause or the petition for a rule to show cause.
	1152	+	15 Conditions of release shall be set unless specifically
	1153	+	16 denied in writing.
	1154	+	17 (2) A petition for a rule to show cause for violation
	1155	+	18 of an order of protection shall be treated as an expedited
	1156	+	19 proceeding.
	1157	+	20 (b-1) The court shall not hold a school district or
	1158	+	21 private or non-public school or any of its employees in civil
	1159	+	22 or criminal contempt unless the school district or private or
	1160	+	23 non-public school has been allowed to intervene.
	1161	+	24 (b-2) The court may hold the parents, guardian, or legal
	1162	+	25 custodian of a minor respondent in civil or criminal contempt
	1163	+	26 for a violation of any provision of any order entered under
	1164	+
	1165	+
	1166	+
	1167	+
	1168	+
	1169	+	HB3103 Enrolled - 33 - LRB103 30894 LNS 57433 b
	1170	+
	1171	+
	1172	+	HB3103 Enrolled- 34 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 34 - LRB103 30894 LNS 57433 b
	1173	+	HB3103 Enrolled - 34 - LRB103 30894 LNS 57433 b
	1174	+	1 this Act for conduct of the minor respondent in violation of
	1175	+	2 this Act if the parents, guardian, or legal custodian
	1176	+	3 directed, encouraged, or assisted the respondent minor in such
	1177	+	4 conduct.
	1178	+	5 (c) Violation of custody or support orders or temporary or
	1179	+	6 final judgments allocating parental responsibilities. A
	1180	+	7 violation of remedies described in paragraphs (5), (6), (8),
	1181	+	8 or (9) of subsection (b) of Section 214 of this Act may be
	1182	+	9 enforced by any remedy provided by Section 607.5 of the
	1183	+	10 Illinois Marriage and Dissolution of Marriage Act. The court
	1184	+	11 may enforce any order for support issued under paragraph (12)
	1185	+	12 of subsection (b) of Section 214 in the manner provided for
	1186	+	13 under Parts V and VII of the Illinois Marriage and Dissolution
	1187	+	14 of Marriage Act.
	1188	+	15 (d) Actual knowledge. An order of protection may be
	1189	+	16 enforced pursuant to this Section if the respondent violates
	1190	+	17 the order after the respondent has actual knowledge of its
	1191	+	18 contents as shown through one of the following means:
	1192	+	19 (1) By service, delivery, or notice under Section 210.
	1193	+	20 (2) By notice under Section 210.1 or 211.
	1194	+	21 (3) By service of an order of protection under Section
	1195	+	22 222.
	1196	+	23 (4) By other means demonstrating actual knowledge of
	1197	+	24 the contents of the order.
	1198	+	25 (e) The enforcement of an order of protection in civil or
	1199	+	26 criminal court shall not be affected by either of the
	1200	+
	1201	+
	1202	+
	1203	+
	1204	+
	1205	+	HB3103 Enrolled - 34 - LRB103 30894 LNS 57433 b
	1206	+
	1207	+
	1208	+	HB3103 Enrolled- 35 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 35 - LRB103 30894 LNS 57433 b
	1209	+	HB3103 Enrolled - 35 - LRB103 30894 LNS 57433 b
	1210	+	1 following:
	1211	+	2 (1) The existence of a separate, correlative order,
	1212	+	3 entered under Section 215.
	1213	+	4 (2) Any finding or order entered in a conjoined
	1214	+	5 criminal proceeding.
	1215	+	6 (f) Circumstances. The court, when determining whether or
	1216	+	7 not a violation of an order of protection has occurred, shall
	1217	+	8 not require physical manifestations of abuse on the person of
	1218	+	9 the victim.
	1219	+	10 (g) Penalties.
	1220	+	11 (1) Except as provided in paragraph (3) of this
	1221	+	12 subsection, where the court finds the commission of a
	1222	+	13 crime or contempt of court under subsections (a) or (b) of
	1223	+	14 this Section, the penalty shall be the penalty that
	1224	+	15 generally applies in such criminal or contempt
	1225	+	16 proceedings, and may include one or more of the following:
	1226	+	17 incarceration, payment of restitution, a fine, payment of
	1227	+	18 attorneys' fees and costs, or community service.
	1228	+	19 (2) The court shall hear and take into account
	1229	+	20 evidence of any factors in aggravation or mitigation
	1230	+	21 before deciding an appropriate penalty under paragraph (1)
	1231	+	22 of this subsection.
	1232	+	23 (3) To the extent permitted by law, the court is
	1233	+	24 encouraged to:
	1234	+	25 (i) increase the penalty for the knowing violation
	1235	+	26 of any order of protection over any penalty previously
	1236	+
	1237	+
	1238	+
	1239	+
	1240	+
	1241	+	HB3103 Enrolled - 35 - LRB103 30894 LNS 57433 b
	1242	+
	1243	+
	1244	+	HB3103 Enrolled- 36 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 36 - LRB103 30894 LNS 57433 b
	1245	+	HB3103 Enrolled - 36 - LRB103 30894 LNS 57433 b
	1246	+	1 imposed by any court for respondent's violation of any
	1247	+	2 order of protection or penal statute involving
	1248	+	3 petitioner as victim and respondent as defendant;
	1249	+	4 (ii) impose a minimum penalty of 24 hours
	1250	+	5 imprisonment for respondent's first violation of any
	1251	+	6 order of protection; and
	1252	+	7 (iii) impose a minimum penalty of 48 hours
	1253	+	8 imprisonment for respondent's second or subsequent
	1254	+	9 violation of an order of protection
	1255	+	10 unless the court explicitly finds that an increased
	1256	+	11 penalty or that period of imprisonment would be manifestly
	1257	+	12 unjust.
	1258	+	13 (4) In addition to any other penalties imposed for a
	1259	+	14 violation of an order of protection, a criminal court may
	1260	+	15 consider evidence of any violations of an order of
	1261	+	16 protection:
	1262	+	17 (i) to increase, revoke or modify the conditions
	1263	+	18 of pretrial release on an underlying criminal charge
	1264	+	19 pursuant to Section 110-6 of the Code of Criminal
	1265	+	20 Procedure of 1963;
	1266	+	21 (ii) to revoke or modify an order of probation,
	1267	+	22 conditional discharge or supervision, pursuant to
	1268	+	23 Section 5-6-4 of the Unified Code of Corrections;
	1269	+	24 (iii) to revoke or modify a sentence of periodic
	1270	+	25 imprisonment, pursuant to Section 5-7-2 of the Unified
	1271	+	26 Code of Corrections.
	1272	+
	1273	+
	1274	+
	1275	+
	1276	+
	1277	+	HB3103 Enrolled - 36 - LRB103 30894 LNS 57433 b
	1278	+
	1279	+
	1280	+	HB3103 Enrolled- 37 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 37 - LRB103 30894 LNS 57433 b
	1281	+	HB3103 Enrolled - 37 - LRB103 30894 LNS 57433 b
	1282	+	1 (5) In addition to any other penalties, the court
	1283	+	2 shall impose an additional fine of $20 as authorized by
	1284	+	3 Section 5-9-1.11 of the Unified Code of Corrections upon
	1285	+	4 any person convicted of or placed on supervision for a
	1286	+	5 violation of an order of protection. The additional fine
	1287	+	6 shall be imposed for each violation of this Section.
	1288	+	7 (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
	1289	+	8 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
	1290	+	9 Sec. 302. Data maintenance by law enforcement agencies.
	1291	+	10 (a) All sheriffs shall furnish to the Illinois State
	1292	+	11 Police, on the same day as received, in the form and detail the
	1293	+	12 Illinois State Police requires, copies of any recorded
	1294	+	13 emergency, interim, or plenary orders of protection issued by
	1295	+	14 the court, and any foreign orders of protection, including,
	1296	+	15 but not limited to, an order of protection issued by a military
	1297	+	16 judge tribunal, filed by the clerk of the court, and
	1298	+	17 transmitted to the sheriff by the clerk of the court pursuant
	1299	+	18 to subsection (b) of Section 222 of this Act. Each order of
	1300	+	19 protection shall be entered in the Law Enforcement Agencies
	1301	+	20 Data System on the same day it is issued by the court. If an
	1302	+	21 emergency order of protection was issued in accordance with
	1303	+	22 subsection (c) of Section 217, the order shall be entered in
	1304	+	23 the Law Enforcement Agencies Data System as soon as possible
	1305	+	24 after receipt from the clerk.
	1306	+	25 (b) The Illinois State Police shall maintain a complete
	1307	+
	1308	+
	1309	+
	1310	+
	1311	+
	1312	+	HB3103 Enrolled - 37 - LRB103 30894 LNS 57433 b
	1313	+
	1314	+
	1315	+	HB3103 Enrolled- 38 -LRB103 30894 LNS 57433 b HB3103 Enrolled - 38 - LRB103 30894 LNS 57433 b
	1316	+	HB3103 Enrolled - 38 - LRB103 30894 LNS 57433 b
	1317	+	1 and systematic record and index of all valid and recorded
	1318	+	2 orders of protection issued pursuant to this Act. The data
	1319	+	3 shall be used to inform all dispatchers and law enforcement
	1320	+	4 officers at the scene of an alleged incident of abuse,
	1321	+	5 neglect, or exploitation or violation of an order of
	1322	+	6 protection of any recorded prior incident of abuse, neglect,
	1323	+	7 or exploitation involving the abused, neglected, or exploited
	1324	+	8 party and the effective dates and terms of any recorded order
	1325	+	9 of protection.
	1326	+	10 (c) The data, records and transmittals required under this
	1327	+	11 Section shall pertain to any valid emergency, interim or
	1328	+	12 plenary order of protection, whether issued in a civil or
	1329	+	13 criminal proceeding or authorized under the laws of another
	1330	+	14 state, tribe, or United States territory.
	1331	+	15 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
	1332	+	16 Section 99. Effective date. This Act takes effect upon
	1333	+	17 becoming law.
	1334	+
	1335	+
	1336	+
	1337	+
	1338	+
	1339	+	HB3103 Enrolled - 38 - LRB103 30894 LNS 57433 b