Rep. Stephanie A. Kifowit

Filed: 3/15/2023

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1 AMENDMENT TO HOUSE BILL 3103

2 AMENDMENT NO. ______. Amend House Bill 3103 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Section 1.1 as follows:

6 (430 ILCS 65/1.1)

7 Sec. 1.1. For purposes of this Act:

8 "Addicted to narcotics" means a person who has been:

9 (1) convicted of an offense involving the use or

10 possession of cannabis, a controlled substance, or

11 methamphetamine within the past year; or

12 (2) determined by the Illinois State Police to be

13 addicted to narcotics based upon federal law or federal

14 guidelines.

15 "Addicted to narcotics" does not include possession or use

16 of a prescribed controlled substance under the direction and

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1 authority of a physician or other person authorized to

2 prescribe the controlled substance when the controlled

3 substance is used in the prescribed manner.

4 "Adjudicated as a person with a mental disability" means

5 the person is the subject of a determination by a court, board,

6 commission or other lawful authority that the person, as a

7 result of marked subnormal intelligence, or mental illness,

8 mental impairment, incompetency, condition, or disease:

9 (1) presents a clear and present danger to himself,

10 herself, or to others;

11 (2) lacks the mental capacity to manage his or her own

12 affairs or is adjudicated a person with a disability as

13 defined in Section 11a-2 of the Probate Act of 1975;

14 (3) is not guilty in a criminal case by reason of

15 insanity, mental disease or defect;

16 (3.5) is guilty but mentally ill, as provided in

17 Section 5-2-6 of the Unified Code of Corrections;

18 (4) is incompetent to stand trial in a criminal case;

19 (5) is not guilty by reason of lack of mental

20 responsibility under Articles 50a and 72b of the Uniform

21 Code of Military Justice, 10 U.S.C. 850a, 876b;

22 (6) is a sexually violent person under subsection (f)

23 of Section 5 of the Sexually Violent Persons Commitment

24 Act;

25 (7) is a sexually dangerous person under the Sexually

26 Dangerous Persons Act;

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1 (8) is unfit to stand trial under the Juvenile Court

2 Act of 1987;

3 (9) is not guilty by reason of insanity under the

4 Juvenile Court Act of 1987;

5 (10) is subject to involuntary admission as an

6 inpatient as defined in Section 1-119 of the Mental Health

7 and Developmental Disabilities Code;

8 (11) is subject to involuntary admission as an

9 outpatient as defined in Section 1-119.1 of the Mental

10 Health and Developmental Disabilities Code;

11 (12) is subject to judicial admission as set forth in

12 Section 4-500 of the Mental Health and Developmental

13 Disabilities Code; or

14 (13) is subject to the provisions of the Interstate

15 Agreements on Sexually Dangerous Persons Act.

16 "Clear and present danger" means a person who:

17 (1) communicates a serious threat of physical violence

18 against a reasonably identifiable victim or poses a clear

19 and imminent risk of serious physical injury to himself,

20 herself, or another person as determined by a physician,

21 clinical psychologist, or qualified examiner; or

22 (2) demonstrates threatening physical or verbal

23 behavior, such as violent, suicidal, or assaultive

24 threats, actions, or other behavior, as determined by a

25 physician, clinical psychologist, qualified examiner,

26 school administrator, or law enforcement official.

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1 "Clinical psychologist" has the meaning provided in

2 Section 1-103 of the Mental Health and Developmental

3 Disabilities Code.

4 "Controlled substance" means a controlled substance or

5 controlled substance analog as defined in the Illinois

6 Controlled Substances Act.

7 "Counterfeit" means to copy or imitate, without legal

8 authority, with intent to deceive.

9 "Developmental disability" means a severe, chronic

10 disability of an individual that:

11 (1) is attributable to a mental or physical impairment

12 or combination of mental and physical impairments;

13 (2) is manifested before the individual attains age

14 22;

15 (3) is likely to continue indefinitely;

16 (4) results in substantial functional limitations in 3

17 or more of the following areas of major life activity:

18 (A) Self-care.

19 (B) Receptive and expressive language.

20 (C) Learning.

21 (D) Mobility.

22 (E) Self-direction.

23 (F) Capacity for independent living.

24 (G) Economic self-sufficiency; and

25 (5) reflects the individual's need for a combination

26 and sequence of special, interdisciplinary, or generic

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1 services, individualized supports, or other forms of

2 assistance that are of lifelong or extended duration and

3 are individually planned and coordinated.

4 "Federally licensed firearm dealer" means a person who is

5 licensed as a federal firearms dealer under Section 923 of the

6 federal Gun Control Act of 1968 (18 U.S.C. 923).

7 "Firearm" means any device, by whatever name known, which

8 is designed to expel a projectile or projectiles by the action

9 of an explosion, expansion of gas or escape of gas; excluding,

10 however:

11 (1) any pneumatic gun, spring gun, paint ball gun, or

12 B-B gun which expels a single globular projectile not

13 exceeding .18 inch in diameter or which has a maximum

14 muzzle velocity of less than 700 feet per second;

15 (1.1) any pneumatic gun, spring gun, paint ball gun,

16 or B-B gun which expels breakable paint balls containing

17 washable marking colors;

18 (2) any device used exclusively for signaling or

19 safety and required or recommended by the United States

20 Coast Guard or the Interstate Commerce Commission;

21 (3) any device used exclusively for the firing of stud

22 cartridges, explosive rivets or similar industrial

23 ammunition; and

24 (4) an antique firearm (other than a machine-gun)

25 which, although designed as a weapon, the Illinois State

26 Police finds by reason of the date of its manufacture,

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1 value, design, and other characteristics is primarily a

2 collector's item and is not likely to be used as a weapon.

3 "Firearm ammunition" means any self-contained cartridge or

4 shotgun shell, by whatever name known, which is designed to be

5 used or adaptable to use in a firearm; excluding, however:

6 (1) any ammunition exclusively designed for use with a

7 device used exclusively for signaling or safety and

8 required or recommended by the United States Coast Guard

9 or the Interstate Commerce Commission; and

10 (2) any ammunition designed exclusively for use with a

11 stud or rivet driver or other similar industrial

12 ammunition.

13 "Gun show" means an event or function:

14 (1) at which the sale and transfer of firearms is the

15 regular and normal course of business and where 50 or more

16 firearms are displayed, offered, or exhibited for sale,

17 transfer, or exchange; or

18 (2) at which not less than 10 gun show vendors

19 display, offer, or exhibit for sale, sell, transfer, or

20 exchange firearms.

21 "Gun show" includes the entire premises provided for an

22 event or function, including parking areas for the event or

23 function, that is sponsored to facilitate the purchase, sale,

24 transfer, or exchange of firearms as described in this

25 Section. Nothing in this definition shall be construed to

26 exclude a gun show held in conjunction with competitive

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1 shooting events at the World Shooting Complex sanctioned by a

2 national governing body in which the sale or transfer of

3 firearms is authorized under subparagraph (5) of paragraph (g)

4 of subsection (A) of Section 24-3 of the Criminal Code of 2012.

5 Unless otherwise expressly stated, "gun show" does not

6 include training or safety classes, competitive shooting

7 events, such as rifle, shotgun, or handgun matches, trap,

8 skeet, or sporting clays shoots, dinners, banquets, raffles,

9 or any other event where the sale or transfer of firearms is

10 not the primary course of business.

11 "Gun show promoter" means a person who organizes or

12 operates a gun show.

13 "Gun show vendor" means a person who exhibits, sells,

14 offers for sale, transfers, or exchanges any firearms at a gun

15 show, regardless of whether the person arranges with a gun

16 show promoter for a fixed location from which to exhibit,

17 sell, offer for sale, transfer, or exchange any firearm.

18 "Intellectual disability" means significantly subaverage

19 general intellectual functioning, existing concurrently with

20 deficits in adaptive behavior and manifested during the

21 developmental period, which is defined as before the age of

22 22, that adversely affects a child's educational performance.

23 "Involuntarily admitted" has the meaning as prescribed in

24 Sections 1-119 and 1-119.1 of the Mental Health and

25 Developmental Disabilities Code.

26 "Mental health facility" means any licensed private

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1 hospital or hospital affiliate, institution, or facility, or

2 part thereof, and any facility, or part thereof, operated by

3 the State or a political subdivision thereof which provides

4 treatment of persons with mental illness and includes all

5 hospitals, institutions, clinics, evaluation facilities,

6 mental health centers, colleges, universities, long-term care

7 facilities, and nursing homes, or parts thereof, which provide

8 treatment of persons with mental illness whether or not the

9 primary purpose is to provide treatment of persons with mental

10 illness.

11 "National governing body" means a group of persons who

12 adopt rules and formulate policy on behalf of a national

13 firearm sporting organization.

14 "Noncitizen" means a person who is not a citizen of the

15 United States, but is a person who is a foreign-born person who

16 lives in the United States, has not been naturalized, and is

17 still a citizen of a foreign country.

18 "Patient" means:

19 (1) a person who is admitted as an inpatient or

20 resident of a public or private mental health facility for

21 mental health treatment under Chapter III of the Mental

22 Health and Developmental Disabilities Code as an informal

23 admission, a voluntary admission, a minor admission, an

24 emergency admission, or an involuntary admission, unless

25 the treatment was solely for an alcohol abuse disorder; or

26 (2) a person who voluntarily or involuntarily receives

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1 mental health treatment as an out-patient or is otherwise

2 provided services by a public or private mental health

3 facility and who poses a clear and present danger to

4 himself, herself, or others.

5 "Physician" has the meaning as defined in Section 1-120 of

6 the Mental Health and Developmental Disabilities Code.

7 "Protective order" means any orders of protection issued

8 under the Illinois Domestic Violence Act of 1986, stalking no

9 contact orders issued under the Stalking No Contact Order Act,

10 civil no contact orders issued under the Civil No Contact

11 Order Act, and firearms restraining orders issued under the

12 Firearms Restraining Order Act or a substantially similar

13 order issued by the court of another state, tribe, or United

14 States territory or military judge ~~tribunal~~.

15 "Qualified examiner" has the meaning provided in Section

16 1-122 of the Mental Health and Developmental Disabilities

17 Code.

18 "Sanctioned competitive shooting event" means a shooting

19 contest officially recognized by a national or state shooting

20 sport association, and includes any sight-in or practice

21 conducted in conjunction with the event.

22 "School administrator" means the person required to report

23 under the School Administrator Reporting of Mental Health

24 Clear and Present Danger Determinations Law.

25 "Stun gun or taser" has the meaning ascribed to it in

26 Section 24-1 of the Criminal Code of 2012.

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1 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

2 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.

3 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)

4 Section 10. The Code of Criminal Procedure of 1963 is

5 amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as

6 follows:

7 (725 ILCS 5/112A-4.5)

8 Sec. 112A-4.5. Who may file petition.

9 (a) A petition for a domestic violence order of protection

10 may be filed:

11 (1) by a named victim who has been abused by a family

12 or household member;

13 (2) by any person or by the State's Attorney on behalf

14 of a named victim who is a minor child or an adult who has

15 been abused by a family or household member and who,

16 because of age, health, disability, or inaccessibility,

17 cannot file the petition;

18 (3) by a State's Attorney on behalf of any minor child

19 or dependent adult in the care of the named victim, if the

20 named victim does not file a petition or request the

21 State's Attorney file the petition; or

22 (4) any of the following persons if the person is

23 abused by a family or household member of a child:

24 (i) a foster parent of that child if the child has

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1 been placed in the foster parent's home by the

2 Department of Children and Family Services or by

3 another state's public child welfare agency;

4 (ii) a legally appointed guardian or legally

5 appointed custodian of that child;

6 (iii) an adoptive parent of that child;

7 (iv) a prospective adoptive parent of that child

8 if the child has been placed in the prospective

9 adoptive parent's home pursuant to the Adoption Act or

10 pursuant to another state's law.

11 For purposes of this paragraph (a)(4), individuals who

12 would have been considered "family or household members" of

13 the child under paragraph (3) of subsection (b) of Section

14 112A-3 before a termination of the parental rights with

15 respect to the child continue to meet the definition of

16 "family or household members" of the child.

17 (b) A petition for a civil no contact order may be filed:

18 (1) by any person who is a named victim of

19 non-consensual sexual conduct or non-consensual sexual

20 penetration, including a single incident of non-consensual

21 sexual conduct or non-consensual sexual penetration;

22 (2) by a person or by the State's Attorney on behalf of

23 a named victim who is a minor child or an adult who is a

24 victim of non-consensual sexual conduct or non-consensual

25 sexual penetration but, because of age, disability,

26 health, or inaccessibility, cannot file the petition;

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1 (3) by a State's Attorney on behalf of any minor child

2 who is a family or household member of the named victim, if

3 the named victim does not file a petition or request the

4 State's Attorney file the petition;

5 (4) by a service member of the Illinois National Guard

6 or any reserve military component serving within the State

7 who is a victim of non-consensual sexual conduct who has

8 also received a Military Protective Order; or

9 (5) by the Staff Judge Advocate of the Illinois

10 National Guard or any reserve military component serving

11 in the State on behalf of a named victim who is a victim of

12 non-consensual sexual conduct who has also received a

13 Military Protective Order only after receiving consent

14 from the victim, and the petition shall include a

15 statement that the victim has consented to the Staff Judge

16 Advocate filing the petition.

17 (c) A petition for a stalking no contact order may be

18 filed:

19 (1) by any person who is a named victim of stalking;

20 (2) by a person or by the State's Attorney on behalf of

21 a named victim who is a minor child or an adult who is a

22 victim of stalking but, because of age, disability,

23 health, or inaccessibility, cannot file the petition;

24 (3) by a State's Attorney on behalf of any minor child

25 who is a family or household member of the named victim, if

26 the named victim does not file a petition or request the

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1 State's Attorney file the petition;

2 (4) by a service member of the Illinois National Guard

3 or any reserve military component serving within the State

4 who is a victim of non-consensual sexual conduct who has

5 also received a Military Protective Order; or

6 (5) by the Staff Judge Advocate of the Illinois

7 National Guard or any reserve military component serving

8 in the State on behalf of a named victim who is a victim of

9 non-consensual sexual conduct who has also received a

10 Military Protective Order only after receiving consent

11 from the victim, and the petition shall include a

12 statement that the victim has consented to the Staff Judge

13 Advocate filing the petition.

14 (d) The State's Attorney shall file a petition on behalf

15 of any person who may file a petition under subsections (a),

16 (b), or (c) of this Section if the person requests the State's

17 Attorney to file a petition on the person's behalf, unless the

18 State's Attorney has a good faith basis to delay filing the

19 petition. The State's Attorney shall inform the person that

20 the State's Attorney will not be filing the petition at that

21 time and that the person may file a petition or may retain an

22 attorney to file the petition. The State's Attorney may file

23 the petition at a later date.

24 (d-5) (1) A person eligible to file a petition under

25 subsection (a), (b), or (c) of this Section may retain an

26 attorney to represent the petitioner on the petitioner's

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1 request for a protective order. The attorney's representation

2 is limited to matters related to the petition and relief

3 authorized under this Article.

4 (2) Advocates shall be allowed to accompany the petitioner

5 and confer with the victim, unless otherwise directed by the

6 court. Advocates are not engaged in the unauthorized practice

7 of law when providing assistance to the petitioner.

8 (e) Any petition properly filed under this Article may

9 seek protection for any additional persons protected by this

10 Article.

11 (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)

12 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

13 Sec. 112A-23. Enforcement of protective orders.

14 (a) When violation is crime. A violation of any protective

15 order, whether issued in a civil, quasi-criminal proceeding or

16 by a military judge ~~tribunal~~, shall be enforced by a criminal

17 court when:

18 (1) The respondent commits the crime of violation of a

19 domestic violence order of protection pursuant to Section

20 12-3.4 or 12-30 of the Criminal Code of 1961 or the

21 Criminal Code of 2012, by having knowingly violated:

22 (i) remedies described in paragraph (1), (2), (3),

23 (14), or (14.5) of subsection (b) of Section 112A-14

24 of this Code,

25 (ii) a remedy, which is substantially similar to

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1 the remedies authorized under paragraph (1), (2), (3),

2 (14), or (14.5) of subsection (b) of Section 214 of the

3 Illinois Domestic Violence Act of 1986, in a valid

4 order of protection, which is authorized under the

5 laws of another state, tribe, or United States

6 territory, or

7 (iii) any other remedy when the act constitutes a

8 crime against the protected parties as defined by the

9 Criminal Code of 1961 or the Criminal Code of 2012.

10 Prosecution for a violation of a domestic violence

11 order of protection shall not bar concurrent prosecution

12 for any other crime, including any crime that may have

13 been committed at the time of the violation of the

14 domestic violence order of protection; or

15 (2) The respondent commits the crime of child

16 abduction pursuant to Section 10-5 of the Criminal Code of

17 1961 or the Criminal Code of 2012, by having knowingly

18 violated:

19 (i) remedies described in paragraph (5), (6), or

20 (8) of subsection (b) of Section 112A-14 of this Code,

21 or

22 (ii) a remedy, which is substantially similar to

23 the remedies authorized under paragraph (1), (5), (6),

24 or (8) of subsection (b) of Section 214 of the Illinois

25 Domestic Violence Act of 1986, in a valid domestic

26 violence order of protection, which is authorized

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1 under the laws of another state, tribe, or United

2 States territory.

3 (3) The respondent commits the crime of violation of a

4 civil no contact order when the respondent violates

5 Section 12-3.8 of the Criminal Code of 2012. Prosecution

6 for a violation of a civil no contact order shall not bar

7 concurrent prosecution for any other crime, including any

8 crime that may have been committed at the time of the

9 violation of the civil no contact order.

10 (4) The respondent commits the crime of violation of a

11 stalking no contact order when the respondent violates

12 Section 12-3.9 of the Criminal Code of 2012. Prosecution

13 for a violation of a stalking no contact order shall not

14 bar concurrent prosecution for any other crime, including

15 any crime that may have been committed at the time of the

16 violation of the stalking no contact order.

17 (b) When violation is contempt of court. A violation of

18 any valid protective order, whether issued in a civil or

19 criminal proceeding or by a militaryjudge ~~tribunal~~, may be

20 enforced through civil or criminal contempt procedures, as

21 appropriate, by any court with jurisdiction, regardless where

22 the act or acts which violated the protective order were

23 committed, to the extent consistent with the venue provisions

24 of this Article. Nothing in this Article shall preclude any

25 Illinois court from enforcing any valid protective order

26 issued in another state. Illinois courts may enforce

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1 protective orders through both criminal prosecution and

2 contempt proceedings, unless the action which is second in

3 time is barred by collateral estoppel or the constitutional

4 prohibition against double jeopardy.

5 (1) In a contempt proceeding where the petition for a

6 rule to show cause sets forth facts evidencing an

7 immediate danger that the respondent will flee the

8 jurisdiction, conceal a child, or inflict physical abuse

9 on the petitioner or minor children or on dependent adults

10 in petitioner's care, the court may order the attachment

11 of the respondent without prior service of the rule to

12 show cause or the petition for a rule to show cause. Bond

13 shall be set unless specifically denied in writing.

14 (2) A petition for a rule to show cause for violation

15 of a protective order shall be treated as an expedited

16 proceeding.

17 (c) Violation of custody, allocation of parental

18 responsibility, or support orders. A violation of remedies

19 described in paragraph (5), (6), (8), or (9) of subsection (b)

20 of Section 112A-14 of this Code may be enforced by any remedy

21 provided by Section 607.5 of the Illinois Marriage and

22 Dissolution of Marriage Act. The court may enforce any order

23 for support issued under paragraph (12) of subsection (b) of

24 Section 112A-14 of this Code in the manner provided for under

25 Parts V and VII of the Illinois Marriage and Dissolution of

26 Marriage Act.

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1 (d) Actual knowledge. A protective order may be enforced

2 pursuant to this Section if the respondent violates the order

3 after the respondent has actual knowledge of its contents as

4 shown through one of the following means:

5 (1) (Blank).

6 (2) (Blank).

7 (3) By service of a protective order under subsection

8 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

9 (4) By other means demonstrating actual knowledge of

10 the contents of the order.

11 (e) The enforcement of a protective order in civil or

12 criminal court shall not be affected by either of the

13 following:

14 (1) The existence of a separate, correlative order

15 entered under Section 112A-15 of this Code.

16 (2) Any finding or order entered in a conjoined

17 criminal proceeding.

18 (e-5) If a civil no contact order entered under subsection

19 (6) of Section 112A-20 of the Code of Criminal Procedure of

20 1963 conflicts with an order issued pursuant to the Juvenile

21 Court Act of 1987 or the Illinois Marriage and Dissolution of

22 Marriage Act, the conflicting order issued under subsection

23 (6) of Section 112A-20 of the Code of Criminal Procedure of

24 1963 shall be void.

25 (f) Circumstances. The court, when determining whether or

26 not a violation of a protective order has occurred, shall not

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1 require physical manifestations of abuse on the person of the

2 victim.

3 (g) Penalties.

4 (1) Except as provided in paragraph (3) of this

5 subsection (g), where the court finds the commission of a

6 crime or contempt of court under subsection (a) or (b) of

7 this Section, the penalty shall be the penalty that

8 generally applies in such criminal or contempt

9 proceedings, and may include one or more of the following:

10 incarceration, payment of restitution, a fine, payment of

11 attorneys' fees and costs, or community service.

12 (2) The court shall hear and take into account

13 evidence of any factors in aggravation or mitigation

14 before deciding an appropriate penalty under paragraph (1)

15 of this subsection (g).

16 (3) To the extent permitted by law, the court is

17 encouraged to:

18 (i) increase the penalty for the knowing violation

19 of any protective order over any penalty previously

20 imposed by any court for respondent's violation of any

21 protective order or penal statute involving petitioner

22 as victim and respondent as defendant;

23 (ii) impose a minimum penalty of 24 hours

24 imprisonment for respondent's first violation of any

25 protective order; and

26 (iii) impose a minimum penalty of 48 hours

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1 imprisonment for respondent's second or subsequent

2 violation of a protective order

3 unless the court explicitly finds that an increased

4 penalty or that period of imprisonment would be manifestly

5 unjust.

6 (4) In addition to any other penalties imposed for a

7 violation of a protective order, a criminal court may

8 consider evidence of any violations of a protective order:

9 (i) to modify the conditions of pretrial release

10 on an underlying criminal charge pursuant to Section

11 110-6 of this Code;

12 (ii) to revoke or modify an order of probation,

13 conditional discharge, or supervision, pursuant to

14 Section 5-6-4 of the Unified Code of Corrections;

15 (iii) to revoke or modify a sentence of periodic

16 imprisonment, pursuant to Section 5-7-2 of the Unified

17 Code of Corrections.

18 (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;

19 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.

20 5-19-22.)

21 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)

22 Sec. 112A-28. Data maintenance by law enforcement

23 agencies.

24 (a) All sheriffs shall furnish to the Illinois State

25 Police, daily, in the form and detail the Illinois State

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1 Police requires, copies of any recorded protective orders

2 issued by the court, and any foreign protective orders,

3 including, but not limited to, an order of protection issued

4 by a military judge ~~tribunal~~, filed by the clerk of the court,

5 and transmitted to the sheriff by the clerk of the court. Each

6 protective order shall be entered in the Law Enforcement

7 Agencies Data System on the same day it is issued by the court.

8 (b) The Illinois State Police shall maintain a complete

9 and systematic record and index of all valid and recorded

10 protective orders issued or filed under this Act. The data

11 shall be used to inform all dispatchers and law enforcement

12 officers at the scene of an alleged incident of abuse or

13 violation of a protective order of any recorded prior incident

14 of abuse involving the abused party and the effective dates

15 and terms of any recorded protective order.

16 (c) The data, records and transmittals required under this

17 Section shall pertain to:

18 (1) any valid emergency, interim or plenary domestic

19 violence order of protection, civil no contact or stalking

20 no contact order issued in a civil proceeding; and

21 (2) any valid ex parte or final protective order

22 issued in a criminal proceeding or authorized under the

23 laws of another state, tribe, or United States territory.

24 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)

25 Section 15. The Stalking No Contact Order Act is amended

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1 by changing Section 15 as follows:

2 (740 ILCS 21/15)

3 Sec. 15. Persons protected by this Act. A petition for a

4 stalking no contact order may be filed when relief is not

5 available to the petitioner under the Illinois Domestic

6 Violence Act of 1986:

7 (1) by any person who is a victim of stalking;

8 (2) by a person on behalf of a minor child or an adult

9 who is a victim of stalking but, because of age,

10 disability, health, or inaccessibility, cannot file the

11 petition;

12 (3) by an authorized agent of a workplace;

13 (4) by an authorized agent of a place of worship; ~~or~~

14 (5) by an authorized agent of a school;

15 (6) by a service member of the Illinois National Guard

16 or any reserve military component serving within the State

17 who is a victim of stalking who has also received a

18 Military Protective Order; or

19 (7) by the Staff Judge Advocate of the Illinois

20 National Guard or any reserve military component serving

21 within the State on behalf of a named victim who is a

22 victim of stalking who has also received a Military

23 Protective Order only after receiving consent from the

24 victim, and the petition shall include a statement that

25 the victim has consented to the Staff Judge Advocate

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1 filing the petition.

2 (Source: P.A. 100-1000, eff. 1-1-19.)

3 Section 20. The Civil No Contact Order Act is amended by

4 changing Sections 201 and 220 as follows:

5 (740 ILCS 22/201)

6 Sec. 201. Persons protected by this Act.

7 (a) The following persons are protected by this Act:

8 (1) any victim of non-consensual sexual conduct or

9 non-consensual sexual penetration on whose behalf the

10 petition is brought;

11 (2) any family or household member of the named

12 victim; ~~and~~

13 (3) any employee of or volunteer at a rape crisis

14 center that is providing services to the petitioner or the

15 petitioner's family or household member; and ~~.~~

16 (4) any service member of the Illinois National Guard

17 or any reserve military component serving within the State

18 who is a victim of non-consensual sexual conduct who has

19 also received a Military Protective Order.

20 (b) A petition for a civil no contact order may be filed:

21 (1) by any person who is a victim of non-consensual

22 sexual conduct or non-consensual sexual penetration,

23 including a single incident of non-consensual sexual

24 conduct or non-consensual sexual penetration;

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1 (2) by a person on behalf of a minor child or an adult

2 who is a victim of non-consensual sexual conduct or

3 non-consensual sexual penetration but, because of age,

4 disability, health, or inaccessibility, cannot file the

5 petition; ~~or~~

6 (3) only after receiving consent from the victim, by

7 any family or household member of a victim of

8 non-consensual sexual conduct or non-consensual sexual

9 penetration, and the petition shall include a statement

10 that the victim has consented to the family or household

11 member filing the petition; ~~.~~

12 (4) any service member of the Illinois National Guard

13 or any reserve military component serving within the State

14 who is a victim of non-consensual sexual conduct who has

15 also received a Military Protective Order; or

16 (5) the Staff Judge Advocate of the Illinois National

17 Guard or any reserve military component serving within the

18 State on behalf of a named victim who is a victim of

19 non-consensual sexual conduct who has also received a

20 Military Protective Order only after receiving consent

21 from the victim, and the petition shall include a

22 statement that the victim has consented to the Staff Judge

23 Advocate filing the petition.

24 (Source: P.A. 102-198, eff. 1-1-22.)

25 (740 ILCS 22/220)

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1 Sec. 220. Enforcement of a civil no contact order.

2 (a) Nothing in this Act shall preclude any Illinois court

3 from enforcing a valid protective order issued in another

4 state or by a military judge.

5 (b) Illinois courts may enforce civil no contact orders

6 through both criminal proceedings and civil contempt

7 proceedings, unless the action which is second in time is

8 barred by collateral estoppel or the constitutional

9 prohibition against double jeopardy.

10 (b-1) The court shall not hold a school district or

11 private or non-public school or any of its employees in civil

12 or criminal contempt unless the school district or private or

13 non-public school has been allowed to intervene.

14 (b-2) The court may hold the parents, guardian, or legal

15 custodian of a minor respondent in civil or criminal contempt

16 for a violation of any provision of any order entered under

17 this Act for conduct of the minor respondent in violation of

18 this Act if the parents, guardian, or legal custodian

19 directed, encouraged, or assisted the respondent minor in such

20 conduct.

21 (c) Criminal prosecution. A violation of any civil no

22 contact order, whether issued in a civil or criminal

23 proceeding or by a military judge, shall be enforced by a

24 criminal court when the respondent commits the crime of

25 violation of a civil no contact order pursuant to Section 219

26 by having knowingly violated:

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1 (1) remedies described in Section 213 and included in

2 a civil no contact order; or

3 (2) a provision of an order, which is substantially

4 similar to provisions of Section 213, in a valid civil no

5 contact order which is authorized under the laws of

6 another state, tribe, or United States territory.

7 Prosecution for a violation of a civil no contact order

8 shall not bar a concurrent prosecution for any other crime,

9 including any crime that may have been committed at the time of

10 the violation of the civil no contact order.

11 (d) Contempt of court. A violation of any valid Illinois

12 civil no contact order, whether issued in a civil or criminal

13 proceeding, may be enforced through civil or criminal contempt

14 procedures, as appropriate, by any court with jurisdiction,

15 regardless of where the act or acts which violated the civil no

16 contact order were committed, to the extent consistent with

17 the venue provisions of this Act.

18 (1) In a contempt proceeding where the petition for a

19 rule to show cause or petition for adjudication of

20 criminal contempt sets forth facts evidencing an immediate

21 danger that the respondent will flee the jurisdiction or

22 inflict physical abuse on the petitioner or minor children

23 or on dependent adults in the petitioner's care, the court

24 may order the attachment of the respondent without prior

25 service of the petition for a rule to show cause, the rule

26 to show cause, the petition for adjudication of criminal

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1 contempt or the adjudication of criminal contempt.

2 Conditions of release shall be set unless specifically

3 denied in writing.

4 (2) A petition for a rule to show cause or a petition

5 for adjudication of criminal contempt for violation of a

6 civil no contact order shall be treated as an expedited

7 proceeding.

8 (e) Actual knowledge. A civil no contact order may be

9 enforced pursuant to this Section if the respondent violates

10 the order after the respondent has actual knowledge of its

11 contents as shown through one of the following means:

12 (1) by service, delivery, or notice under Section 208;

13 (2) by notice under Section 218;

14 (3) by service of a civil no contact order under

15 Section 218; or

16 (4) by other means demonstrating actual knowledge of

17 the contents of the order.

18 (f) The enforcement of a civil no contact order in civil or

19 criminal court shall not be affected by either of the

20 following:

21 (1) the existence of a separate, correlative order,

22 entered under Section 202; or

23 (2) any finding or order entered in a conjoined

24 criminal proceeding.

25 (g) Circumstances. The court, when determining whether or

26 not a violation of a civil no contact order has occurred, shall

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1 not require physical manifestations of abuse on the person of

2 the victim.

3 (h) Penalties.

4 (1) Except as provided in paragraph (3) of this

5 subsection, where the court finds the commission of a

6 crime or contempt of court under subsection (a) or (b) of

7 this Section, the penalty shall be the penalty that

8 generally applies in such criminal or contempt

9 proceedings, and may include one or more of the following:

10 incarceration, payment of restitution, a fine, payment of

11 attorneys' fees and costs, or community service.

12 (2) The court shall hear and take into account

13 evidence of any factors in aggravation or mitigation

14 before deciding an appropriate penalty under paragraph (1)

15 of this subsection.

16 (3) To the extent permitted by law, the court is

17 encouraged to:

18 (i) increase the penalty for the knowing violation

19 of any civil no contact order over any penalty

20 previously imposed by any court for respondent's

21 violation of any civil no contact order or penal

22 statute involving petitioner as victim and respondent

23 as defendant;

24 (ii) impose a minimum penalty of 24 hours

25 imprisonment for respondent's first violation of any

26 civil no contact order; and

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1 (iii) impose a minimum penalty of 48 hours

2 imprisonment for respondent's second or subsequent

3 violation of a civil no contact order unless the court

4 explicitly finds that an increased penalty or that

5 period of imprisonment would be manifestly unjust.

6 (4) In addition to any other penalties imposed for a

7 violation of a civil no contact order, a criminal court

8 may consider evidence of any previous violations of a

9 civil no contact order:

10 (i) to modify the conditions of pretrial release

11 on an underlying criminal charge pursuant to Section

12 110-6 of the Code of Criminal Procedure of 1963;

13 (ii) to revoke or modify an order of probation,

14 conditional discharge or supervision, pursuant to

15 Section 5-6-4 of the Unified Code of Corrections; or

16 (iii) to revoke or modify a sentence of periodic

17 imprisonment, pursuant to Section 5-7-2 of the Unified

18 Code of Corrections.

19 (Source: P.A. 101-652, eff. 1-1-23.)

20 Section 25. The Illinois Domestic Violence Act of 1986 is

21 amended by changing Sections 222.5, 223, and 302 as follows:

22 (750 ILCS 60/222.5)

23 Sec. 222.5. Filing of an order of protection issued in

24 another state or other jurisdiction.

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1 (a) A person entitled to protection under an order of

2 protection issued by the court of another state, tribe, or

3 United States territory or military judge ~~tribunal~~may file a

4 certified copy of the order of protection with the clerk of the

5 court in a judicial circuit in which the person believes that

6 enforcement may be necessary.

7 (a-5) The Illinois National Guard shall file a certified

8 copy of any military order of protection with the clerk of the

9 court in a judicial circuit in which the person entitled to

10 protection resides or if the person entitled to protection is

11 not a State resident, in a judicial circuit in which it is

12 believed that enforcement may be necessary.

13 (b) The clerk shall:

14 (1) treat the foreign order of protection, including,

15 but not limited to, an order of protection issued by a

16 military judge ~~tribunal~~, in the same manner as a judgment

17 of the circuit court for any county of this State in

18 accordance with the provisions of the Uniform Enforcement

19 of Foreign Judgments Act, except that the clerk shall not

20 mail notice of the filing of the foreign order to the

21 respondent named in the order; and

22 (2) on the same day that a foreign order of protection

23 is filed, file a certified copy of that order with the

24 sheriff or other law enforcement officials charged with

25 maintaining Illinois State Police records as set forth in

26 Section 222 of this Act.

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1 (c) Neither residence in this State nor filing of a

2 foreign order of protection, including, but not limited to, an

3 order of protection issued by a military judge ~~tribunal~~, shall

4 be required for enforcement of the order by this State.

5 Failure to file the foreign order shall not be an impediment to

6 its treatment in all respects as an Illinois order of

7 protection.

8 (d) The clerk shall not charge a fee to file a foreign

9 order of protection under this Section.

10 (e) The sheriff shall inform the Illinois State Police as

11 set forth in Section 302 of this Act.

12 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)

13 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

14 Sec. 223. Enforcement of orders of protection.

15 (a) When violation is crime. A violation of any order of

16 protection, whether issued in a civil or criminal proceeding

17 or by a military judge ~~tribunal~~, shall be enforced by a

18 criminal court when:

19 (1) The respondent commits the crime of violation of

20 an order of protection pursuant to Section 12-3.4 or 12-30

21 of the Criminal Code of 1961 or the Criminal Code of 2012,

22 by having knowingly violated:

23 (i) remedies described in paragraphs (1), (2),

24 (3), (14), or (14.5) of subsection (b) of Section 214

25 of this Act; or

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1 (ii) a remedy, which is substantially similar to

2 the remedies authorized under paragraphs (1), (2),

3 (3), (14), and (14.5) of subsection (b) of Section 214

4 of this Act, in a valid order of protection which is

5 authorized under the laws of another state, tribe, or

6 United States territory; or

7 (iii) any other remedy when the act constitutes a

8 crime against the protected parties as defined by the

9 Criminal Code of 1961 or the Criminal Code of 2012.

10 Prosecution for a violation of an order of protection

11 shall not bar concurrent prosecution for any other crime,

12 including any crime that may have been committed at the

13 time of the violation of the order of protection; or

14 (2) The respondent commits the crime of child

15 abduction pursuant to Section 10-5 of the Criminal Code of

16 1961 or the Criminal Code of 2012, by having knowingly

17 violated:

18 (i) remedies described in paragraphs (5), (6) or

19 (8) of subsection (b) of Section 214 of this Act; or

20 (ii) a remedy, which is substantially similar to

21 the remedies authorized under paragraphs (5), (6), or

22 (8) of subsection (b) of Section 214 of this Act, in a

23 valid order of protection which is authorized under

24 the laws of another state, tribe, or United States

25 territory.

26 (b) When violation is contempt of court. A violation of

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1 any valid Illinois order of protection, whether issued in a

2 civil or criminal proceeding or by a militaryjudge ~~tribunal~~,

3 may be enforced through civil or criminal contempt procedures,

4 as appropriate, by any court with jurisdiction, regardless

5 where the act or acts which violated the order of protection

6 were committed, to the extent consistent with the venue

7 provisions of this Act. Nothing in this Act shall preclude any

8 Illinois court from enforcing any valid order of protection

9 issued in another state. Illinois courts may enforce orders of

10 protection through both criminal prosecution and contempt

11 proceedings, unless the action which is second in time is

12 barred by collateral estoppel or the constitutional

13 prohibition against double jeopardy.

14 (1) In a contempt proceeding where the petition for a

15 rule to show cause sets forth facts evidencing an

16 immediate danger that the respondent will flee the

17 jurisdiction, conceal a child, or inflict physical abuse

18 on the petitioner or minor children or on dependent adults

19 in petitioner's care, the court may order the attachment

20 of the respondent without prior service of the rule to

21 show cause or the petition for a rule to show cause.

22 Conditions of release shall be set unless specifically

23 denied in writing.

24 (2) A petition for a rule to show cause for violation

25 of an order of protection shall be treated as an expedited

26 proceeding.

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1 (b-1) The court shall not hold a school district or

2 private or non-public school or any of its employees in civil

3 or criminal contempt unless the school district or private or

4 non-public school has been allowed to intervene.

5 (b-2) The court may hold the parents, guardian, or legal

6 custodian of a minor respondent in civil or criminal contempt

7 for a violation of any provision of any order entered under

8 this Act for conduct of the minor respondent in violation of

9 this Act if the parents, guardian, or legal custodian

10 directed, encouraged, or assisted the respondent minor in such

11 conduct.

12 (c) Violation of custody or support orders or temporary or

13 final judgments allocating parental responsibilities. A

14 violation of remedies described in paragraphs (5), (6), (8),

15 or (9) of subsection (b) of Section 214 of this Act may be

16 enforced by any remedy provided by Section 607.5 of the

17 Illinois Marriage and Dissolution of Marriage Act. The court

18 may enforce any order for support issued under paragraph (12)

19 of subsection (b) of Section 214 in the manner provided for

20 under Parts V and VII of the Illinois Marriage and Dissolution

21 of Marriage Act.

22 (d) Actual knowledge. An order of protection may be

23 enforced pursuant to this Section if the respondent violates

24 the order after the respondent has actual knowledge of its

25 contents as shown through one of the following means:

26 (1) By service, delivery, or notice under Section 210.

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1 (2) By notice under Section 210.1 or 211.

2 (3) By service of an order of protection under Section

3 222.

4 (4) By other means demonstrating actual knowledge of

5 the contents of the order.

6 (e) The enforcement of an order of protection in civil or

7 criminal court shall not be affected by either of the

8 following:

9 (1) The existence of a separate, correlative order,

10 entered under Section 215.

11 (2) Any finding or order entered in a conjoined

12 criminal proceeding.

13 (f) Circumstances. The court, when determining whether or

14 not a violation of an order of protection has occurred, shall

15 not require physical manifestations of abuse on the person of

16 the victim.

17 (g) Penalties.

18 (1) Except as provided in paragraph (3) of this

19 subsection, where the court finds the commission of a

20 crime or contempt of court under subsections (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.

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 order of protection over any penalty previously

8 imposed by any court for respondent's violation of any

9 order of protection or penal statute involving

10 petitioner 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 order of protection; and

14 (iii) impose a minimum penalty of 48 hours

15 imprisonment for respondent's second or subsequent

16 violation of an order of protection

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 an order of protection, a criminal court may

22 consider evidence of any violations of an order of

23 protection:

24 (i) to increase, revoke or modify the conditions

25 of pretrial release on an underlying criminal charge

26 pursuant to Section 110-6 of the Code of Criminal

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1 Procedure of 1963;

2 (ii) to revoke or modify an order of probation,

3 conditional discharge or supervision, pursuant to

4 Section 5-6-4 of the Unified Code of Corrections;

5 (iii) to revoke or modify a sentence of periodic

6 imprisonment, pursuant to Section 5-7-2 of the Unified

7 Code of Corrections.

8 (5) In addition to any other penalties, the court

9 shall impose an additional fine of $20 as authorized by

10 Section 5-9-1.11 of the Unified Code of Corrections upon

11 any person convicted of or placed on supervision for a

12 violation of an order of protection. The additional fine

13 shall be imposed for each violation of this Section.

14 (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)

15 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)

16 Sec. 302. Data maintenance by law enforcement agencies.

17 (a) All sheriffs shall furnish to the Illinois State

18 Police, on the same day as received, in the form and detail the

19 Illinois State Police requires, copies of any recorded

20 emergency, interim, or plenary orders of protection issued by

21 the court, and any foreign orders of protection, including,

22 but not limited to, an order of protection issued by a military

23 judge ~~tribunal~~, filed by the clerk of the court, and

24 transmitted to the sheriff by the clerk of the court pursuant

25 to subsection (b) of Section 222 of this Act. Each order of

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1 protection shall be entered in the Law Enforcement Agencies

2 Data System on the same day it is issued by the court. If an

3 emergency order of protection was issued in accordance with

4 subsection (c) of Section 217, the order shall be entered in

5 the Law Enforcement Agencies Data System as soon as possible

6 after receipt from the clerk.

7 (b) The Illinois State Police shall maintain a complete

8 and systematic record and index of all valid and recorded

9 orders of protection issued pursuant to this Act. The data

10 shall be used to inform all dispatchers and law enforcement

11 officers at the scene of an alleged incident of abuse,

12 neglect, or exploitation or violation of an order of

13 protection of any recorded prior incident of abuse, neglect,

14 or exploitation involving the abused, neglected, or exploited

15 party and the effective dates and terms of any recorded order

16 of protection.

17 (c) The data, records and transmittals required under this

18 Section shall pertain to any valid emergency, interim or

19 plenary order of protection, whether issued in a civil or

20 criminal proceeding or authorized under the laws of another

21 state, tribe, or United States territory.

22 (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)

23 Section 99. Effective date. This Act takes effect upon

24 becoming law.".