Bill Text: IL HB0280 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Domestic Violence Act of 1986. 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 to make conforming changes.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB0280 Detail]

Download: Illinois-2023-HB0280-Engrossed.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 6b-4 as follows:
(30 ILCS 105/6b-4) (from Ch. 127, par. 142b4)
Sec. 6b-4. On the second Monday of every month, the
Director of Public Health shall certify to the State
Comptroller and the State Treasurer the amount generated by
the issuance of commemorative birth certificates under
subsection (14) of Section 25 of the Vital Records Act in
excess of the costs incurred in issuing the documents. Within
15 days of receipt of the certification required by this
Section, the State Comptroller and the State Treasurer shall
transfer from the General Revenue Fund, one-half of the amount
certified as being received from the issuance of commemorative
birth certificates to the Child Abuse Prevention Fund and
one-half of the amount to the Domestic Violence Shelter and
Service Fund.
The State Treasurer shall deposit into the Domestic
Violence Shelter and Service Fund each assessment received
under the Criminal and Traffic Assessment Act.
In addition to any other amounts deposited into the

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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 this
paragraph. 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. Military
personnel may qualify for and have access to moneys from the
Fund for the purposes set forth in this paragraph. The
Department shall adopt rules necessary for making grants under
this paragraph. County Veterans Assistance Commissions and
organizations described in Section 501(c)(19) of the Internal
Revenue Code of 1986 may receive grants under this paragraph.
The State Treasurer shall deposit into the Sexual Assault
Services Fund and the Domestic Violence Shelter and Service
Fund each of those fines received from circuit clerks under
Section 5-9-1.7 of the Unified Code of Corrections in
accordance with the provisions of that Section.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-6.1 and 112A-23 as follows:

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(725 ILCS 5/112A-6.1)
Sec. 112A-6.1. Application of rules of civil procedure;
criminal law.
(a) Any proceeding to obtain, modify, re-open, or appeal a
protective order and service of pleadings and notices shall be
governed by the rules of civil procedure of this State. The
Code of Civil Procedure and Supreme Court and local court
rules applicable to civil proceedings shall apply, except as
otherwise provided by law. Civil law on venue, discovery, and
penalties for untrue statements shall not apply to protective
order proceedings heard under this Article.
(b) Criminal law on discovery, venue, and penalties for
untrue statements apply to protective order proceedings under
this Article.
(c) Court proceedings related to the entry of a protective
order and the determination of remedies shall not be used to
obtain discovery that would not otherwise be available in a
criminal prosecution or juvenile delinquency case.
(c) The Supreme Court of Illinois may adopt rules that
promote the use of attorneys serving on a pro bono basis to
represent victims under this Article.
(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.

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(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military judge or by a military commander of the United
States Armed Forces, 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

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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

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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 or by a military
commander of the United States Armed Forces, 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

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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

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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

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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,

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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. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
7-28-23.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 205 and 222.5 as follows:
(750 ILCS 60/205) (from Ch. 40, par. 2312-5)
Sec. 205. Application of rules of civil procedure;
Domestic abuse advocates.
(a) Any proceeding to obtain, modify, reopen or appeal an
order of protection, whether commenced alone or in conjunction
with a civil or criminal proceeding, shall be governed by the
rules of civil procedure of this State. The standard of proof
in such a proceeding is proof by a preponderance of the
evidence, whether the proceeding is heard in criminal or civil
court. The Code of Civil Procedure and Supreme Court and local
court rules applicable to civil proceedings, as now or
hereafter amended, shall apply, except as otherwise provided
by this law.
(b) (1) In all circuit court proceedings under this Act,

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domestic abuse advocates shall be allowed to attend and sit at
counsel table and confer with the victim, unless otherwise
directed by the court.
(2) In criminal proceedings in circuit courts, domestic
abuse advocates shall be allowed to accompany the victim and
confer with the victim, unless otherwise directed by the
court.
(3) Court administrators shall allow domestic abuse
advocates to assist victims of domestic violence in the
preparation of petitions for orders of protection.
(4) Domestic abuse advocates are not engaged in the
unauthorized practice of law when providing assistance of the
types specified in this subsection (b).
(c) The Supreme Court of Illinois may adopt rules that
promote the use of attorneys serving on a pro bono basis to
represent victims under this Act.
(Source: P.A. 87-1186; 87-1255; 88-45.)
(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 or by a military
commander of the United States Armed Forces may file a
certified copy of the order of protection with the clerk of the

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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 or by a military commander of the United
States Armed Forces, 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 or by a military

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