Public Act 103-0407
HB3103 EnrolledLRB103 30894 LNS 57433 b HB3103 Enrolled LRB103 30894 LNS 57433 b
HB3103 Enrolled LRB103 30894 LNS 57433 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
HB3103 Enrolled LRB103 30894 LNS 57433 b
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Developmental disability" means a severe, chronic
disability of an individual that:
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling or safety and
required or recommended by the United States Coast Guard
or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of
22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility and who poses a clear and present danger to
himself, herself, or others.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United
States territory or military judge tribunal.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
follows:
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection
may be filed:
(1) by a named victim who has been abused by a family
or household member;
(2) by any person or by the State's Attorney on behalf
of a named victim who is a minor child or an adult who has
been abused by a family or household member and who,
because of age, health, disability, or inaccessibility,
cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition; or
(4) any of the following persons if the person is
abused by a family or household member of a child:
(i) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(ii) a legally appointed guardian or legally
appointed custodian of that child;
(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child
if the child has been placed in the prospective
adoptive parent's home pursuant to the Adoption Act or
pursuant to another state's law.
For purposes of this paragraph (a)(4), individuals who
would have been considered "family or household members" of
the child under paragraph (3) of subsection (b) of Section
112A-3 before a termination of the parental rights with
respect to the child continue to meet the definition of
"family or household members" of the child.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a named victim of
non-consensual sexual conduct or non-consensual sexual
penetration, including a single incident of non-consensual
sexual conduct or non-consensual sexual penetration;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of non-consensual sexual conduct or non-consensual
sexual penetration but, because of age, disability,
health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order only after receiving consent
from the victim, and the petition shall include a
statement that the victim has consented to the Staff Judge
Advocate filing the petition.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability,
health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order only after receiving consent
from the victim, and the petition shall include a
statement that the victim has consented to the Staff Judge
Advocate filing the petition.
(d) The State's Attorney shall file a petition on behalf
of any person who may file a petition under subsections (a),
(b), or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that
the State's Attorney will not be filing the petition at that
time and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice
of law when providing assistance to the petitioner.
(e) Any petition properly filed under this Article may
seek protection for any additional persons protected by this
Article.
(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military judge tribunal, shall be enforced by a criminal
court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 112A-14
of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the
laws of another state, tribe, or United States
territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (5), (6),
or (8) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986, in a valid domestic
violence order of protection, which is authorized
under the laws of another state, tribe, or United
States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding or by a military judge tribunal, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the protective order were
committed, to the extent consistent with the venue provisions
of this Article. Nothing in this Article shall preclude any
Illinois court from enforcing any valid protective order
issued in another state. Illinois courts may enforce
protective orders through both criminal prosecution and
contempt proceedings, unless the action which is second in
time is barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
5-19-22.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State
Police requires, copies of any recorded protective orders
issued by the court, and any foreign protective orders,
including, but not limited to, an order of protection issued
by a military judge tribunal, filed by the clerk of the court,
and transmitted to the sheriff by the clerk of the court. Each
protective order shall be entered in the Law Enforcement
Agencies Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
protective orders issued or filed under this Act. The data
shall be used to inform all dispatchers and law enforcement
officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident
of abuse involving the abused party and the effective dates
and terms of any recorded protective order.
(c) The data, records and transmittals required under this
Section shall pertain to:
(1) any valid emergency, interim or plenary domestic
violence order of protection, civil no contact or stalking
no contact order issued in a civil proceeding; and
(2) any valid ex parte or final protective order
issued in a criminal proceeding or authorized under the
laws of another state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
Section 15. The Stalking No Contact Order Act is amended
by changing Section 15 as follows:
(740 ILCS 21/15)
Sec. 15. Persons protected by this Act. A petition for a
stalking no contact order may be filed when relief is not
available to the petitioner under the Illinois Domestic
Violence Act of 1986:
(1) by any person who is a victim of stalking;
(2) by a person on behalf of a minor child or an adult
who is a victim of stalking but, because of age,
disability, health, or inaccessibility, cannot file the
petition;
(3) by an authorized agent of a workplace;
(4) by an authorized agent of a place of worship; or
(5) by an authorized agent of a school;
(6) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of stalking who has also received a
Military Protective Order; or
(7) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
within the State on behalf of a named victim who is a
victim of stalking who has also received a Military
Protective Order only after receiving consent from the
victim, and the petition shall include a statement that
the victim has consented to the Staff Judge Advocate
filing the petition.
(Source: P.A. 100-1000, eff. 1-1-19.)
Section 20. The Civil No Contact Order Act is amended by
changing Sections 201 and 220 as follows:
(740 ILCS 22/201)
Sec. 201. Persons protected by this Act.
(a) The following persons are protected by this Act:
(1) any victim of non-consensual sexual conduct or
non-consensual sexual penetration on whose behalf the
petition is brought;
(2) any family or household member of the named
victim; and
(3) any employee of or volunteer at a rape crisis
center that is providing services to the petitioner or the
petitioner's family or household member; and .
(4) any service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a victim of non-consensual
sexual conduct or non-consensual sexual penetration,
including a single incident of non-consensual sexual
conduct or non-consensual sexual penetration;
(2) by a person on behalf of a minor child or an adult
who is a victim of non-consensual sexual conduct or
non-consensual sexual penetration but, because of age,
disability, health, or inaccessibility, cannot file the
petition; or
(3) only after receiving consent from the victim, by
any family or household member of a victim of
non-consensual sexual conduct or non-consensual sexual
penetration, and the petition shall include a statement
that the victim has consented to the family or household
member filing the petition; .
(4) any service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) the Staff Judge Advocate of the Illinois National
Guard or any reserve military component serving within the
State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order only after receiving consent
from the victim, and the petition shall include a
statement that the victim has consented to the Staff Judge
Advocate filing the petition.
(Source: P.A. 102-198, eff. 1-1-22.)
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state or by a military judge.
(b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding or by a military judge, shall be enforced by a
criminal court when the respondent commits the crime of
violation of a civil no contact order pursuant to Section 219
by having knowingly violated:
(1) remedies described in Section 213 and included in
a civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no
contact order which is authorized under the laws of
another state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with
the venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of
criminal contempt sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction or
inflict physical abuse on the petitioner or minor children
or on dependent adults in the petitioner's care, the court
may order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt.
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause or a petition
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court
may consider evidence of any previous violations of a
civil no contact order:
(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of the Code of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 25. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 222.5, 223, and 302 as follows:
(750 ILCS 60/222.5)
Sec. 222.5. Filing of an order of protection issued in
another state or other jurisdiction.
(a) A person entitled to protection under an order of
protection issued by the court of another state, tribe, or
United States territory or military judge tribunal may file a
certified copy of the order of protection with the clerk of the
court in a judicial circuit in which the person believes that
enforcement may be necessary.
(a-5) The Illinois National Guard shall file a certified
copy of any military order of protection with the clerk of the
court in a judicial circuit in which the person entitled to
protection resides or if the person entitled to protection is
not a State resident, in a judicial circuit in which it is
believed that enforcement may be necessary.
(b) The clerk shall:
(1) treat the foreign order of protection, including,
but not limited to, an order of protection issued by a
military judge tribunal, in the same manner as a judgment
of the circuit court for any county of this State in
accordance with the provisions of the Uniform Enforcement
of Foreign Judgments Act, except that the clerk shall not
mail notice of the filing of the foreign order to the
respondent named in the order; and
(2) on the same day that a foreign order of protection
is filed, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Illinois State Police records as set forth in
Section 222 of this Act.
(c) Neither residence in this State nor filing of a
foreign order of protection, including, but not limited to, an
order of protection issued by a military judge tribunal, shall
be required for enforcement of the order by this State.
Failure to file the foreign order shall not be an impediment to
its treatment in all respects as an Illinois order of
protection.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(e) The sheriff shall inform the Illinois State Police as
set forth in Section 302 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military judge tribunal, shall be enforced by a
criminal court when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military judge tribunal,
may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless
where the act or acts which violated the order of protection
were committed, to the extent consistent with the venue
provisions of this Act. Nothing in this Act shall preclude any
Illinois court from enforcing any valid order of protection
issued in another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause.
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions
of pretrial release on an underlying criminal charge
pursuant to Section 110-6 of the Code of Criminal
Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, on the same day as received, in the form and detail the
Illinois State Police requires, copies of any recorded
emergency, interim, or plenary orders of protection issued by
the court, and any foreign orders of protection, including,
but not limited to, an order of protection issued by a military
judge tribunal, filed by the clerk of the court, and
transmitted to the sheriff by the clerk of the court pursuant
to subsection (b) of Section 222 of this Act. Each order of
protection shall be entered in the Law Enforcement Agencies
Data System on the same day it is issued by the court. If an
emergency order of protection was issued in accordance with
subsection (c) of Section 217, the order shall be entered in
the Law Enforcement Agencies Data System as soon as possible
after receipt from the clerk.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
orders of protection issued pursuant to this Act. The data
shall be used to inform all dispatchers and law enforcement
officers at the scene of an alleged incident of abuse,
neglect, or exploitation or violation of an order of
protection of any recorded prior incident of abuse, neglect,
or exploitation involving the abused, neglected, or exploited
party and the effective dates and terms of any recorded order
of protection.
(c) The data, records and transmittals required under this
Section shall pertain to any valid emergency, interim or
plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.