104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2708 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 30 ILCS 105/6b-4 from Ch. 127, par. 142b4725 ILCS 5/112A-6.1725 ILCS 5/112A-23 from Ch. 38, par. 112A-23750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/222.5 Amends the State Finance Act. Provides that in addition to any other amounts deposited into the Domestic Violence Shelter and Service Fund, the State Treasurer shall deposit into the Fund all moneys donated to the State by private individuals or entities for purposes for which moneys in the Fund may be used as provided in these provisions. Provides that subject to appropriations, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in these provisions. Provides that the Department shall adopt rules necessary for making grants under these provisions. Provides that County Veterans Assistance Commissions and qualifying veterans' organizations and their related auxiliaries that are organized in the United States or any of its possessions and are tax exempt under Section 501(c)(19) of the Internal Revenue Code of 1986 may receive grants under these provisions. Provides that, subject to appropriation, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Provides that military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in this provision. Provides that the Department shall adopt rules necessary for making grants under this provision. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 to make conforming changes. LRB104 08630 JRC 18682 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2708 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 30 ILCS 105/6b-4 from Ch. 127, par. 142b4725 ILCS 5/112A-6.1725 ILCS 5/112A-23 from Ch. 38, par. 112A-23750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/222.5 30 ILCS 105/6b-4 from Ch. 127, par. 142b4 725 ILCS 5/112A-6.1 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/222.5 Amends the State Finance Act. Provides that in addition to any other amounts deposited into the Domestic Violence Shelter and Service Fund, the State Treasurer shall deposit into the Fund all moneys donated to the State by private individuals or entities for purposes for which moneys in the Fund may be used as provided in these provisions. Provides that subject to appropriations, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in these provisions. Provides that the Department shall adopt rules necessary for making grants under these provisions. Provides that County Veterans Assistance Commissions and qualifying veterans' organizations and their related auxiliaries that are organized in the United States or any of its possessions and are tax exempt under Section 501(c)(19) of the Internal Revenue Code of 1986 may receive grants under these provisions. Provides that, subject to appropriation, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Provides that military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in this provision. Provides that the Department shall adopt rules necessary for making grants under this provision. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 to make conforming changes. LRB104 08630 JRC 18682 b LRB104 08630 JRC 18682 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2708 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
30 ILCS 105/6b-4 from Ch. 127, par. 142b4725 ILCS 5/112A-6.1725 ILCS 5/112A-23 from Ch. 38, par. 112A-23750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/222.5 30 ILCS 105/6b-4 from Ch. 127, par. 142b4 725 ILCS 5/112A-6.1 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/222.5
30 ILCS 105/6b-4 from Ch. 127, par. 142b4
725 ILCS 5/112A-6.1
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
750 ILCS 60/205 from Ch. 40, par. 2312-5
750 ILCS 60/222.5
Amends the State Finance Act. Provides that in addition to any other amounts deposited into the Domestic Violence Shelter and Service Fund, the State Treasurer shall deposit into the Fund all moneys donated to the State by private individuals or entities for purposes for which moneys in the Fund may be used as provided in these provisions. Provides that subject to appropriations, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in these provisions. Provides that the Department shall adopt rules necessary for making grants under these provisions. Provides that County Veterans Assistance Commissions and qualifying veterans' organizations and their related auxiliaries that are organized in the United States or any of its possessions and are tax exempt under Section 501(c)(19) of the Internal Revenue Code of 1986 may receive grants under these provisions. Provides that, subject to appropriation, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Provides that military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in this provision. Provides that the Department shall adopt rules necessary for making grants under this provision. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 to make conforming changes.
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A BILL FOR
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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5 Section 6b-4 as follows:
6 (30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
7 Sec. 6b-4. On the second Monday of every month, the
8 Director of Public Health shall certify to the State
9 Comptroller and the State Treasurer the amount generated by
10 the issuance of commemorative birth certificates under
11 subsection (14) of Section 25 of the Vital Records Act in
12 excess of the costs incurred in issuing the documents. Within
13 15 days of receipt of the certification required by this
14 Section, the State Comptroller and the State Treasurer shall
15 transfer from the General Revenue Fund, one-half of the amount
16 certified as being received from the issuance of commemorative
17 birth certificates to the Child Abuse Prevention Fund and
18 one-half of the amount to the Domestic Violence Shelter and
19 Service Fund.
20 The State Treasurer shall deposit into the Domestic
21 Violence Shelter and Service Fund each assessment received
22 under the Criminal and Traffic Assessment Act.
23 In addition to any other amounts deposited into the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2708 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
30 ILCS 105/6b-4 from Ch. 127, par. 142b4725 ILCS 5/112A-6.1725 ILCS 5/112A-23 from Ch. 38, par. 112A-23750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/222.5 30 ILCS 105/6b-4 from Ch. 127, par. 142b4 725 ILCS 5/112A-6.1 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/222.5
30 ILCS 105/6b-4 from Ch. 127, par. 142b4
725 ILCS 5/112A-6.1
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
750 ILCS 60/205 from Ch. 40, par. 2312-5
750 ILCS 60/222.5
Amends the State Finance Act. Provides that in addition to any other amounts deposited into the Domestic Violence Shelter and Service Fund, the State Treasurer shall deposit into the Fund all moneys donated to the State by private individuals or entities for purposes for which moneys in the Fund may be used as provided in these provisions. Provides that subject to appropriations, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in these provisions. Provides that the Department shall adopt rules necessary for making grants under these provisions. Provides that County Veterans Assistance Commissions and qualifying veterans' organizations and their related auxiliaries that are organized in the United States or any of its possessions and are tax exempt under Section 501(c)(19) of the Internal Revenue Code of 1986 may receive grants under these provisions. Provides that, subject to appropriation, the Department of Human Services shall use moneys in the Fund to make grants to defray the reasonable and necessary travel expenses of victims of domestic violence who were members of the United States Armed Forces when the domestic violence occurred and who have been discharged from the United States Armed Forces to participate and travel to domestic violence proceedings. Provides that military personnel may qualify for and have access to moneys from the Fund for the purposes set forth in this provision. Provides that the Department shall adopt rules necessary for making grants under this provision. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 to make conforming changes.
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A BILL FOR
30 ILCS 105/6b-4 from Ch. 127, par. 142b4
725 ILCS 5/112A-6.1
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
750 ILCS 60/205 from Ch. 40, par. 2312-5
750 ILCS 60/222.5
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1 Domestic Violence Shelter and Service Fund, the State
2 Treasurer shall deposit into the Fund all moneys donated to
3 the State by private individuals or entities for purposes for
4 which moneys in the Fund may be used as provided in this
5 paragraph. Subject to appropriation, the Department of Human
6 Services shall use moneys in the Fund to make grants to defray
7 the reasonable and necessary travel expenses of victims of
8 domestic violence who were members of the United States Armed
9 Forces when the domestic violence occurred and who have been
10 discharged from the United States Armed Forces to participate
11 and travel to domestic violence proceedings. Military
12 personnel may qualify for and have access to moneys from the
13 Fund for the purposes set forth in this paragraph. The
14 Department shall adopt rules necessary for making grants under
15 this paragraph. County Veterans Assistance Commissions and
16 organizations described in Section 501(c)(19) of the Internal
17 Revenue Code of 1986 may receive grants under this paragraph.
18 The State Treasurer shall deposit into the Sexual Assault
19 Services Fund and the Domestic Violence Shelter and Service
20 Fund each of those fines received from circuit clerks under
21 Section 5-9-1.7 of the Unified Code of Corrections in
22 accordance with the provisions of that Section.
23 (Source: P.A. 100-987, eff. 7-1-19.)
24 Section 10. The Code of Criminal Procedure of 1963 is
25 amended by changing Sections 112A-6.1 and 112A-23 as follows:
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1 (725 ILCS 5/112A-6.1)
2 Sec. 112A-6.1. Application of rules of civil procedure;
3 criminal law.
4 (a) Any proceeding to obtain, modify, re-open, or appeal a
5 protective order and service of pleadings and notices shall be
6 governed by the rules of civil procedure of this State. The
7 Code of Civil Procedure and Supreme Court and local court
8 rules applicable to civil proceedings shall apply, except as
9 otherwise provided by law. Civil law on venue, discovery, and
10 penalties for untrue statements shall not apply to protective
11 order proceedings heard under this Article.
12 (b) Criminal law on discovery, venue, and penalties for
13 untrue statements apply to protective order proceedings under
14 this Article.
15 (c) Court proceedings related to the entry of a protective
16 order and the determination of remedies shall not be used to
17 obtain discovery that would not otherwise be available in a
18 criminal prosecution or juvenile delinquency case.
19 (c) The Supreme Court of Illinois may adopt rules that
20 promote the use of attorneys serving on a pro bono basis to
21 represent victims under this Article.
22 (Source: P.A. 100-597, eff. 6-29-18.)
23 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
24 Sec. 112A-23. Enforcement of protective orders.
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1 (a) When violation is crime. A violation of any protective
2 order, whether issued in a civil, quasi-criminal proceeding or
3 by a military judge or by a military commander of the United
4 States Armed Forces, shall be enforced by a criminal court
5 when:
6 (1) The respondent commits the crime of violation of a
7 domestic violence order of protection pursuant to Section
8 12-3.4 or 12-30 of the Criminal Code of 1961 or the
9 Criminal Code of 2012, by having knowingly violated:
10 (i) remedies described in paragraph (1), (2), (3),
11 (14), or (14.5) of subsection (b) of Section 112A-14
12 of this Code,
13 (ii) a remedy, which is substantially similar to
14 the remedies authorized under paragraph (1), (2), (3),
15 (14), or (14.5) of subsection (b) of Section 214 of the
16 Illinois Domestic Violence Act of 1986, in a valid
17 order of protection, which is authorized under the
18 laws of another state, tribe, or United States
19 territory, or
20 (iii) any other remedy when the act constitutes a
21 crime against the protected parties as defined by the
22 Criminal Code of 1961 or the Criminal Code of 2012.
23 Prosecution for a violation of a domestic violence
24 order of protection shall not bar concurrent prosecution
25 for any other crime, including any crime that may have
26 been committed at the time of the violation of the
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1 domestic violence order of protection; or
2 (2) The respondent commits the crime of child
3 abduction pursuant to Section 10-5 of the Criminal Code of
4 1961 or the Criminal Code of 2012, by having knowingly
5 violated:
6 (i) remedies described in paragraph (5), (6), or
7 (8) of subsection (b) of Section 112A-14 of this Code,
8 or
9 (ii) a remedy, which is substantially similar to
10 the remedies authorized under paragraph (1), (5), (6),
11 or (8) of subsection (b) of Section 214 of the Illinois
12 Domestic Violence Act of 1986, in a valid domestic
13 violence order of protection, which is authorized
14 under the laws of another state, tribe, or United
15 States territory.
16 (3) The respondent commits the crime of violation of a
17 civil no contact order when the respondent violates
18 Section 12-3.8 of the Criminal Code of 2012. Prosecution
19 for a violation of a civil no contact order shall not bar
20 concurrent prosecution for any other crime, including any
21 crime that may have been committed at the time of the
22 violation of the civil no contact order.
23 (4) The respondent commits the crime of violation of a
24 stalking no contact order when the respondent violates
25 Section 12-3.9 of the Criminal Code of 2012. Prosecution
26 for a violation of a stalking no contact order shall not
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1 bar concurrent prosecution for any other crime, including
2 any crime that may have been committed at the time of the
3 violation of the stalking no contact order.
4 (b) When violation is contempt of court. A violation of
5 any valid protective order, whether issued in a civil or
6 criminal proceeding or by a military judge or by a military
7 commander of the United States Armed Forces, may be enforced
8 through civil or criminal contempt procedures, as appropriate,
9 by any court with jurisdiction, regardless where the act or
10 acts which violated the protective order were committed, to
11 the extent consistent with the venue provisions of this
12 Article. Nothing in this Article shall preclude any Illinois
13 court from enforcing any valid protective order issued in
14 another state. Illinois courts may enforce protective orders
15 through both criminal prosecution and contempt proceedings,
16 unless the action which is second in time is barred by
17 collateral estoppel or the constitutional prohibition against
18 double jeopardy.
19 (1) In a contempt proceeding where the petition for a
20 rule to show cause sets forth facts evidencing an
21 immediate danger that the respondent will flee the
22 jurisdiction, conceal a child, or inflict physical abuse
23 on the petitioner or minor children or on dependent adults
24 in petitioner's care, the court may order the attachment
25 of the respondent without prior service of the rule to
26 show cause or the petition for a rule to show cause. Bond
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1 shall be set unless specifically denied in writing.
2 (2) A petition for a rule to show cause for violation
3 of a protective order shall be treated as an expedited
4 proceeding.
5 (c) Violation of custody, allocation of parental
6 responsibility, or support orders. A violation of remedies
7 described in paragraph (5), (6), (8), or (9) of subsection (b)
8 of Section 112A-14 of this Code may be enforced by any remedy
9 provided by Section 607.5 of the Illinois Marriage and
10 Dissolution of Marriage Act. The court may enforce any order
11 for support issued under paragraph (12) of subsection (b) of
12 Section 112A-14 of this Code in the manner provided for under
13 Parts V and VII of the Illinois Marriage and Dissolution of
14 Marriage Act.
15 (d) Actual knowledge. A protective order may be enforced
16 pursuant to this Section if the respondent violates the order
17 after the respondent has actual knowledge of its contents as
18 shown through one of the following means:
19 (1) (Blank).
20 (2) (Blank).
21 (3) By service of a protective order under subsection
22 (f) of Section 112A-17.5 or Section 112A-22 of this Code.
23 (4) By other means demonstrating actual knowledge of
24 the contents of the order.
25 (e) The enforcement of a protective order in civil or
26 criminal court shall not be affected by either of the
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1 following:
2 (1) The existence of a separate, correlative order
3 entered under Section 112A-15 of this Code.
4 (2) Any finding or order entered in a conjoined
5 criminal proceeding.
6 (e-5) If a civil no contact order entered under subsection
7 (6) of Section 112A-20 of the Code of Criminal Procedure of
8 1963 conflicts with an order issued pursuant to the Juvenile
9 Court Act of 1987 or the Illinois Marriage and Dissolution of
10 Marriage Act, the conflicting order issued under subsection
11 (6) of Section 112A-20 of the Code of Criminal Procedure of
12 1963 shall be void.
13 (f) Circumstances. The court, when determining whether or
14 not a violation of a protective order has occurred, shall not
15 require physical manifestations of abuse on the person of the
16 victim.
17 (g) Penalties.
18 (1) Except as provided in paragraph (3) of this
19 subsection (g), where the court finds the commission of a
20 crime or contempt of court under subsection (a) or (b) of
21 this Section, the penalty shall be the penalty that
22 generally applies in such criminal or contempt
23 proceedings, and may include one or more of the following:
24 incarceration, payment of restitution, a fine, payment of
25 attorneys' fees and costs, or community service.
26 (2) The court shall hear and take into account
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1 evidence of any factors in aggravation or mitigation
2 before deciding an appropriate penalty under paragraph (1)
3 of this subsection (g).
4 (3) To the extent permitted by law, the court is
5 encouraged to:
6 (i) increase the penalty for the knowing violation
7 of any protective order over any penalty previously
8 imposed by any court for respondent's violation of any
9 protective order or penal statute involving petitioner
10 as victim and respondent as defendant;
11 (ii) impose a minimum penalty of 24 hours
12 imprisonment for respondent's first violation of any
13 protective order; and
14 (iii) impose a minimum penalty of 48 hours
15 imprisonment for respondent's second or subsequent
16 violation of a protective order
17 unless the court explicitly finds that an increased
18 penalty or that period of imprisonment would be manifestly
19 unjust.
20 (4) In addition to any other penalties imposed for a
21 violation of a protective order, a criminal court may
22 consider evidence of any violations of a protective order:
23 (i) to modify the conditions of pretrial release
24 on an underlying criminal charge pursuant to Section
25 110-6 of this Code;
26 (ii) to revoke or modify an order of probation,
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1 conditional discharge, or supervision, pursuant to
2 Section 5-6-4 of the Unified Code of Corrections;
3 (iii) to revoke or modify a sentence of periodic
4 imprisonment, pursuant to Section 5-7-2 of the Unified
5 Code of Corrections.
6 (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
7 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
8 7-28-23.)
9 Section 15. The Illinois Domestic Violence Act of 1986 is
10 amended by changing Sections 205 and 222.5 as follows:
11 (750 ILCS 60/205) (from Ch. 40, par. 2312-5)
12 Sec. 205. Application of rules of civil procedure;
13 Domestic abuse advocates.
14 (a) Any proceeding to obtain, modify, reopen or appeal an
15 order of protection, whether commenced alone or in conjunction
16 with a civil or criminal proceeding, shall be governed by the
17 rules of civil procedure of this State. The standard of proof
18 in such a proceeding is proof by a preponderance of the
19 evidence, whether the proceeding is heard in criminal or civil
20 court. The Code of Civil Procedure and Supreme Court and local
21 court rules applicable to civil proceedings, as now or
22 hereafter amended, shall apply, except as otherwise provided
23 by this law.
24 (b) (1) In all circuit court proceedings under this Act,
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1 domestic abuse advocates shall be allowed to attend and sit at
2 counsel table and confer with the victim, unless otherwise
3 directed by the court.
4 (2) In criminal proceedings in circuit courts, domestic
5 abuse advocates shall be allowed to accompany the victim and
6 confer with the victim, unless otherwise directed by the
7 court.
8 (3) Court administrators shall allow domestic abuse
9 advocates to assist victims of domestic violence in the
10 preparation of petitions for orders of protection.
11 (4) Domestic abuse advocates are not engaged in the
12 unauthorized practice of law when providing assistance of the
13 types specified in this subsection (b).
14 (c) The Supreme Court of Illinois may adopt rules that
15 promote the use of attorneys serving on a pro bono basis to
16 represent victims under this Act.
17 (Source: P.A. 87-1186; 87-1255; 88-45.)
18 (750 ILCS 60/222.5)
19 Sec. 222.5. Filing of an order of protection issued in
20 another state or other jurisdiction.
21 (a) A person entitled to protection under an order of
22 protection issued by the court of another state, tribe, or
23 United States territory or military judge or by a military
24 commander of the United States Armed Forces may file a
25 certified copy of the order of protection with the clerk of the
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1 court in a judicial circuit in which the person believes that
2 enforcement may be necessary.
3 (a-5) The Illinois National Guard shall file a certified
4 copy of any military order of protection with the clerk of the
5 court in a judicial circuit in which the person entitled to
6 protection resides or if the person entitled to protection is
7 not a State resident, in a judicial circuit in which it is
8 believed that enforcement may be necessary.
9 (b) The clerk shall:
10 (1) treat the foreign order of protection, including,
11 but not limited to, an order of protection issued by a
12 military judge or by a military commander of the United
13 States Armed Forces, in the same manner as a judgment of
14 the circuit court for any county of this State in
15 accordance with the provisions of the Uniform Enforcement
16 of Foreign Judgments Act, except that the clerk shall not
17 mail notice of the filing of the foreign order to the
18 respondent named in the order; and
19 (2) on the same day that a foreign order of protection
20 is filed, file a certified copy of that order with the
21 sheriff or other law enforcement officials charged with
22 maintaining Illinois State Police records as set forth in
23 Section 222 of this Act.
24 (c) Neither residence in this State nor filing of a
25 foreign order of protection, including, but not limited to, an
26 order of protection issued by a military judge or by a military
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