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Illinois General Assembly· SB 3044Governor Approved

DOMESTIC VIOLENCE ORDER-EFFECT, the official text

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SB3044 Enrolled                     LRB104 17940 JRC 31377 b

1      AN ACT concerning domestic violence.

2      Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4      Section 5. The Criminal Code of 2012 is amended by

5 changing Sections 12-3.4, 12-3.8, and 12-3.9 as follows:

6      (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)

7      Sec. 12-3.4. Violation of an order of protection.

8      (a) A person commits violation of an order of protection

9 if:

10     (1) He or she knowingly commits an act which was

11     prohibited by a court or fails to commit an act which was

12     ordered by a court in violation of:

13     (i) a remedy in a valid order of protection

14     authorized under paragraphs (1), (2), (3), (14), or

15     (14.5) of subsection (b) of Section 214 of the

16     Illinois Domestic Violence Act of 1986,

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

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

19     (3), (14) or (14.5) of subsection (b) of Section 214 of

20     the Illinois Domestic Violence Act of 1986, in a valid

21     order of protection, which is authorized under the

22     laws of another state, tribe or United States

23     territory,
    SB3044 Enrolled           -2-  LRB104 17940 JRC 31377 b

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

2   crime against the protected parties as the term

3   protected parties is defined in Section 112A-4 of the

4   Code of Criminal Procedure of 1963; and

5   (2) Such violation occurs after the offender has been

6   served notice of the contents of the order, pursuant to

7   the Illinois Domestic Violence Act of 1986 or any

8   substantially similar statute of another state, tribe or

9   United States territory, or otherwise has acquired actual

10  knowledge of the contents of the order.

11  A person alleged to have violated a plenary order of

12 protection is presumed to have actual knowledge of the

13 contents of the order if:

14  (i) the person has been served with a summons that

15  includes the language set forth in paragraph (3) of

16  subsection (a) of Section 210 of the Illinois Domestic

17  Violence Act of 1986 or paragraph (2) of subsection (c) of

18  Section 112A-5.5 of the Code of Criminal Procedure of

19  1963;

20  (ii) the person has been served with the petition for

21  the order of protection;

22  (iii) the person has been held in default in the order

23  of protection proceeding; and

24  (iv) the person has been served with an emergency

25  order of protection in the same proceeding that grants the

26  same remedy, including any specifics, that the person is
    SB3044 Enrolled  -3-       LRB104 17940 JRC 31377 b

1   alleged to have violated.

2   An order of protection issued by a state, tribal or

3 territorial court related to domestic or family violence shall

4 be deemed valid if the issuing court had jurisdiction over the

5 parties and matter under the law of the state, tribe or

6 territory. There shall be a presumption of validity where an

7 order is certified and appears authentic on its face. For

8 purposes of this Section, an "order of protection" may have

9 been issued in a criminal or civil proceeding.

10  (a-5) Failure to provide reasonable notice and opportunity

11 to be heard shall be an affirmative defense to any charge or

12 process filed seeking enforcement of a foreign order of

13 protection.

14  (b) Nothing in this Section shall be construed to diminish

15 the inherent authority of the courts to enforce their lawful

16 orders through civil or criminal contempt proceedings.

17  (c) The limitations placed on law enforcement liability by

18 Section 305 of the Illinois Domestic Violence Act of 1986

19 apply to actions taken under this Section.

20  (d) Violation of an order of protection is a Class A

21 misdemeanor. Violation of an order of protection is a Class 4

22 felony if the defendant has any prior conviction under this

23 Code for domestic battery (Section 12-3.2) or violation of an

24 order of protection (Section 12-3.4 or 12-30) or any prior

25 conviction under the law of another jurisdiction for an

26 offense that could be charged in this State as a domestic
SB3044 Enrolled  -4-  LRB104 17940 JRC 31377 b

 1 battery or violation of an order of protection. Violation of
 2 an order of protection is a Class 4 felony if the defendant has
 3 any prior conviction under this Code for first degree murder
 4 (Section 9-1), attempt to commit first degree murder (Section
 5 8-4), aggravated domestic battery (Section 12-3.3), aggravated
 6 battery (Section 12-3.05 or 12-4), heinous battery (Section
 7 12-4.1), aggravated battery with a firearm (Section 12-4.2),
 8 aggravated battery with a machine gun or a firearm equipped
 9 with a silencer (Section 12-4.2-5), aggravated battery of a
10 child (Section 12-4.3), aggravated battery of an unborn child
11 (subsection (a-5) of Section 12-3.1, or Section 12-4.4),
12 aggravated battery of a senior citizen (Section 12-4.6),
13 stalking (Section 12-7.3), aggravated stalking (Section
14 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
15 aggravated criminal sexual assault (Section 11-1.30 or 12-14),
16 kidnapping (Section 10-1), aggravated kidnapping (Section
17 10-2), predatory criminal sexual assault of a child (Section
18 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
19 11-1.60 or 12-16), unlawful restraint (Section 10-3),
20 aggravated unlawful restraint (Section 10-3.1), aggravated
21 arson (Section 20-1.1), aggravated discharge of a firearm
22 (Section 24-1.2), or a violation of any former law of this
23 State that is substantially similar to any listed offense, or
24 any prior conviction under the law of another jurisdiction for
25 an offense that could be charged in this State as one of the
26 offenses listed in this Section, when any of these offenses
    SB3044 Enrolled          -5-         LRB104 17940 JRC 31377 b

1 have been committed against a family or household member as

2 defined in Section 112A-3 of the Code of Criminal Procedure of

3 1963. The court shall impose a minimum penalty of 24 hours

4 imprisonment for defendant's second or subsequent violation of

5 any order of protection; unless the court explicitly finds

6 that an increased penalty or such period of imprisonment would

7 be manifestly unjust. In addition to any other penalties, the

8 court may order the defendant to pay a fine as authorized under

9 Section 5-9-1 of the Unified Code of Corrections or to make

10 restitution to the victim under Section 5-5-6 of the Unified

11 Code of Corrections.

12      (e) (Blank).

13      (f) A defendant who directed the actions of a third party

14 to violate this Section, under the principles of

15 accountability set forth in Article 5 of this Code, is guilty

16 of violating this Section as if the same had been personally

17 done by the defendant, without regard to the mental state of

18 the third party acting at the direction of the defendant.

19 (Source: P.A. 100-987, eff. 7-1-19.)

20      (720 ILCS 5/12-3.8)

21      Sec. 12-3.8. Violation of a civil no contact order.

22      (a) A person commits violation of a civil no contact order

23 if:

24      (1) he or she knowingly commits an act which was

25      prohibited by a court or fails to commit an act which was
    SB3044 Enrolled           -6-  LRB104 17940 JRC 31377 b

1   ordered in violation of:

2             (A) a remedy of a valid civil no contact order

3   authorized under Section 213 of the Civil No Contact

4   Order Act or Section 112A-14.5 of the Code of Criminal

5   Procedure of 1963; or

6             (B) a remedy, which is substantially similar to

7   the remedies authorized under Section 213 of the Civil

8   No Contact Order Act or Section 112A-14.5 of the Code

9   of Criminal Procedure of 1963, or in a valid civil no

10  contact order, which is authorized under the laws of

11  another state, tribe, or United States territory; and

12  (2) the violation occurs after the offender has been

13  served notice of the contents of the order under the Civil

14  No Contact Order Act, Article 112A of the Code of Criminal

15  Procedure of 1963, or any substantially similar statute of

16  another state, tribe, or United States territory, or

17  otherwise has acquired actual knowledge of the contents of

18  the order.

19  A person alleged to have violated a civil no contact order

20 is presumed to have actual knowledge of the contents of the

21 order if:

22  (i) the person has been served with a summons that

23  includes the language set forth in paragraph (3) of

24  subsection (a) of Section 208 of the Civil No Contact

25  Order Act or paragraph (2) of subsection (c) of Section

26  112A-5.5 of the Code of Criminal Procedure of 1963;
    SB3044 Enrolled  -7-         LRB104 17940 JRC 31377 b

1   (ii) the person has been served with the petition for

2   the civil no contact order;

3   (iii) the person has been held in default in the civil

4   no contact proceeding; and

5   (iv) the person has been served with an emergency

6   order in the same proceeding that grants the same remedy,

7   including any specifics, that the person is alleged to

8   have violated.

9   A civil no contact order issued by a state, tribal, or

10 territorial court shall be deemed valid if the issuing court

11 had jurisdiction over the parties and matter under the law of

12 the state, tribe, or territory. There shall be a presumption

13 of validity when an order is certified and appears authentic

14 on its face.

15  (a-3) For purposes of this Section, a "civil no contact

16 order" may have been issued in a criminal or civil proceeding.

17  (a-5) Failure to provide reasonable notice and opportunity

18 to be heard shall be an affirmative defense to any charge or

19 process filed seeking enforcement of a foreign civil no

20 contact order.

21  (b) Prosecution for a violation of a civil no contact

22 order shall not bar a concurrent prosecution for any other

23 crime, including any crime that may have been committed at the

24 time of the violation of the civil no contact order.

25  (c) Nothing in this Section shall be construed to diminish

26 the inherent authority of the courts to enforce their lawful
    SB3044 Enrolled      -8-              LRB104 17940 JRC 31377 b

1 orders through civil or criminal contempt proceedings.

2   (d) A defendant who directed the actions of a third party

3 to violate this Section, under the principles of

4 accountability set forth in Article 5 of this Code, is guilty

5 of violating this Section as if the same had been personally

6 done by the defendant, without regard to the mental state of

7 the third party acting at the direction of the defendant.

8   (e) Sentence. A violation of a civil no contact order is a

9 Class A misdemeanor for a first violation, and a Class 4 felony

10 for a second or subsequent violation.

11 (Source: P.A. 100-199, eff. 1-1-18.)

12  (720 ILCS 5/12-3.9)

13  Sec. 12-3.9. Violation of a stalking no contact order.

14  (a) A person commits violation of a stalking no contact

15 order if:

16  (1) he or she knowingly commits an act which was

17  prohibited by a court or fails to commit an act which was

18  ordered by a court in violation of:

19            (A) a remedy in a valid stalking no contact order

20  of protection authorized under Section 80 of the

21  Stalking No Contact Order Act or Section 112A-14.7 of

22  the Code of Criminal Procedure of 1963; or

23            (B) a remedy, which is substantially similar to

24  the remedies authorized under Section 80 of the

25  Stalking No Contact Order Act or Section 112A-14.7 of
    SB3044 Enrolled  -9-            LRB104 17940 JRC 31377 b

1   the Code of Criminal Procedure of 1963, or in a valid

2   stalking no contact order, which is authorized under

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

4   territory; and

5   (2) the violation occurs after the offender has been

6   served notice of the contents of the order, under the

7   Stalking No Contact Order Act, Article 112A of the Code of

8   Criminal Procedure of 1963, or any substantially similar

9   statute of another state, tribe, or United States

10  territory, or otherwise has acquired actual knowledge of

11  the contents of the order.

12  A person alleged to have violated a stalking no contact

13 order is presumed to have actual knowledge of the contents of

14 the order if:

15  (i) the person has been served with a summons that

16  includes the language set forth in paragraph (3) of

17  subsection (a) of Section 60 of the Stalking No Contact

18  Order Act or paragraph (2) of subsection (c) of Section

19  112A-5.5 of the Code of Criminal Procedure of 1963;

20  (ii) the person has been served with the petition for

21  the stalking no contact order;

22  (iii) the person has been held in default in the

23  stalking no contact proceeding; and

24  (iv) the person has been served with an emergency

25  order in the same proceeding that grants the same remedy,

26  including any specifics, that the person is alleged to
    SB3044 Enrolled  - 10 - LRB104 17940 JRC 31377 b

1   have violated.

2   A stalking no contact order issued by a state, tribal, or

3 territorial court shall be deemed valid if the issuing court

4 had jurisdiction over the parties and matter under the law of

5 the state, tribe, or territory. There shall be a presumption

6 of validity when an order is certified and appears authentic

7 on its face.

8   (a-3) For purposes of this Section, a "stalking no contact

9 order" may have been issued in a criminal or civil proceeding.

10  (a-5) Failure to provide reasonable notice and opportunity

11 to be heard shall be an affirmative defense to any charge or

12 process filed seeking enforcement of a foreign stalking no

13 contact order.

14  (b) Prosecution for a violation of a stalking no contact

15 order shall not bar a concurrent prosecution for any other

16 crime, including any crime that may have been committed at the

17 time of the violation of the civil no contact order.

18  (c) Nothing in this Section shall be construed to diminish

19 the inherent authority of the courts to enforce their lawful

20 orders through civil or criminal contempt proceedings.

21  (d) A defendant who directed the actions of a third party

22 to violate this Section, under the principles of

23 accountability set forth in Article 5 of this Code, is guilty

24 of violating this Section as if the same had been personally

25 done by the defendant, without regard to the mental state of

26 the third party acting at the direction of the defendant.
    SB3044 Enrolled         - 11 - LRB104 17940 JRC 31377 b

1   (e) Sentence. A violation of a stalking no contact order

2 is a Class A misdemeanor for a first violation, and a Class 4

3 felony for a second or subsequent violation.

4 (Source: P.A. 100-199, eff. 1-1-18.)

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

6 amended by changing Sections 112A-5.5 and 112A-23 as follows:

7   (725 ILCS 5/112A-5.5)

8   Sec. 112A-5.5. Time for filing petition; service on

9 respondent, hearing on petition, and default orders.

10  (a) A petition for a protective order may be filed at any

11 time, in person or online, after a criminal charge or

12 delinquency petition is filed and before the charge or

13 delinquency petition is dismissed, the defendant or juvenile

14 is acquitted, or the defendant or juvenile completes service

15 of his or her sentence.

16  (b) The request for an ex parte protective order may be

17 considered without notice to the respondent under Section

18 112A-17.5 of this Code.

19  (c) (1) A summons shall be issued and served for a

20 protective order. The summons may be served by delivery to the

21 respondent personally in open court in the criminal or

22 juvenile delinquency proceeding, in the form prescribed by

23 subsection (d) of Supreme Court Rule 101, except that it shall

24 require the respondent to answer or appear within 7 days.
    SB3044 Enrolled  - 12 - LRB104 17940 JRC 31377 b

1   (2) The summons shall include the following language:

2   (A) "If an emergency protective order has been ordered

3   against you and included with this summons or you have

4   otherwise received a copy of that order, you may be

5   arrested or held criminally or civilly liable for

6   violating certain terms of the order. The court may enter

7   another protective order when the attached emergency order

8   expires."

9   (B) "You must attend court on the date in this

10  summons. If you do not attend that date or on any

11  subsequent hearing date agreed to by the parties or set by

12  the court, the judge may decide the case without hearing

13  from you. This is called default."

14  (C) "A plenary protective order may be entered by

15  default for any of the remedies sought in the petition if

16  you fail to appear on the specified hearing date or on any

17  subsequent hearing date agreed to by the parties or set by

18  the court."

19  (D) "If a plenary order is entered at the next or

20  subsequent court date, even if you do not attend or get a

21  copy of the order, you may be arrested or held criminally

22  or civilly liable for violating certain terms of that

23  order."

24  (3) Attachments to the summons shall include the petition

25 for protective order, supporting affidavits, if any, and any

26 ex parte protective order that has been issued.
    SB3044 Enrolled  - 13 - LRB104 17940 JRC 31377 b

1   (d) The summons shall be served by the sheriff or other law

2 enforcement officer at the earliest time available and shall

3 take precedence over any other summons, except those of a

4 similar emergency nature. Attachments to the summons shall

5 include the petition for protective order, supporting

6 affidavits, if any, and any ex parte protective order that has

7 been issued. Special process servers may be appointed at any

8 time and their designation shall not affect the

9 responsibilities and authority of the sheriff or other

10 official process servers. In a county with a population over

11 3,000,000, a special process server may not be appointed if

12 the protective order grants the surrender of a child, the

13 surrender of a firearm or Firearm Owner's Identification Card,

14 or the exclusive possession of a shared residence.

15  (e) If the respondent is not served within 30 days of the

16 filing of the petition, the court shall schedule a court

17 proceeding on the issue of service. Either the petitioner, the

18 petitioner's counsel, or the State's Attorney shall appear and

19 the court shall either order continued attempts at personal

20 service or shall order service by publication, in accordance

21 with Sections 2-203, 2-206, and 2-207 of the Code of Civil

22 Procedure.

23  (f) The request for a final protective order can be

24 considered at any court proceeding in the delinquency or

25 criminal case after service of the petition. If the petitioner

26 has not been provided notice of the court proceeding at least
    SB3044 Enrolled         - 14 - LRB104 17940 JRC 31377 b

1 10 days in advance of the proceeding, the court shall schedule

2 a hearing on the petition and provide notice to the

3 petitioner.

4   (f-5) A court in a county with a population above 250,000

5 shall offer the option of a remote hearing to a petitioner for

6 a protective order. The court has the discretion to grant or

7 deny the request for a remote hearing. Each court shall

8 determine the procedure for a remote hearing. The petitioner

9 and respondent may appear remotely or in person.

10  The court shall issue and publish a court order, standing

11 order, or local rule detailing information about the process

12 for requesting and participating in a remote court appearance.

13 The court order, standing order, or local rule shall be

14 published on the court's website and posted on signs

15 throughout the courthouse, including in the clerk's office.

16 The sign shall be written in plain language and include

17 information about the availability of remote court appearances

18 and the process for requesting a remote hearing.

19  (g) Default orders.

20  (1) A final domestic violence order of protection may

21  be entered by default:

22             (A) for any of the remedies sought in the

23  petition, if the respondent has been served with

24  documents under subsection (b) or (c) of this Section

25  and if the respondent fails to appear on the specified

26  return date or any subsequent hearing date agreed to
    SB3044 Enrolled  - 15 - LRB104 17940 JRC 31377 b

1   by the petitioner and respondent or set by the court;

2   or

3            (B) for any of the remedies provided under

4   paragraph (1), (2), (3), (5), (6), (7), (8), (9),

5   (10), (11), (14), (15), (17), or (18) of subsection

6   (b) of Section 112A-14 of this Code, or if the

7   respondent fails to answer or appear in accordance

8   with the date set in the publication notice or the

9   return date indicated on the service of a household

10  member.

11  (2) A final civil no contact order may be entered by

12  default for any of the remedies provided in Section

13  112A-14.5 of this Code, if the respondent has been served

14  with documents under subsection (b) or (c) of this

15  Section, and if the respondent fails to answer or appear

16  in accordance with the date set in the publication notice

17  or the return date indicated on the service of a household

18  member.

19  (3) A final stalking no contact order may be entered

20  by default for any of the remedies provided by Section

21  112A-14.7 of this Code, if the respondent has been served

22  with documents under subsection (b) or (c) of this Section

23  and if the respondent fails to answer or appear in

24  accordance with the date set in the publication notice or

25  the return date indicated on the service of a household

26  member.
    SB3044 Enrolled      - 16 - LRB104 17940 JRC 31377 b

1         (4) When the court enters a default order under this

2   Section, the court shall include a finding about whether

3   the language required in paragraph (2) of subsection (c)

4   was included in the summons. Whether the language required

5   in paragraph (2) of subsection (c) was included in a

6   summons shall not impact whether the court grants the

7   default order if the summons was otherwise proper and the

8   requirements for default are otherwise met.

9 (Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

10  (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

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

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

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

14 by a military judge, shall be enforced by a criminal court

15 when:

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

17  domestic violence order of protection pursuant to Section

18  12-3.4 or 12-30 of the Criminal Code of 1961 or the

19  Criminal Code of 2012, by having knowingly violated:

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

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

22        of this Code,

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

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

25        (14), or (14.5) of subsection (b) of Section 214 of the
    SB3044 Enrolled    - 17 - LRB104 17940 JRC 31377 b

1   Illinois Domestic Violence Act of 1986, in a valid

2   order of protection, which is authorized under the

3   laws of another state, tribe, or United States

4   territory, or

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

6   crime against the protected parties as defined by the

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

8   Prosecution for a violation of a domestic violence

9   order of protection shall not bar concurrent prosecution

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

11  been committed at the time of the violation of the

12  domestic violence order of protection; or

13  (2) The respondent commits the crime of child

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

15  1961 or the Criminal Code of 2012, by having knowingly

16  violated:

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

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

19  or

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

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

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

23  Domestic Violence Act of 1986, in a valid domestic

24  violence order of protection, which is authorized

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

26  States territory.
    SB3044 Enrolled  - 18 - LRB104 17940 JRC 31377 b

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

2   civil no contact order when the respondent violates

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

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

5   concurrent prosecution for any other crime, including any

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

7   violation of the civil no contact order.

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

9   stalking no contact order when the respondent violates

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

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

12  bar concurrent prosecution for any other crime, including

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

14  violation of the stalking no contact order.

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

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

17 criminal proceeding or by a military judge, may be enforced

18 through civil or criminal contempt procedures, as appropriate,

19 by any court with jurisdiction, regardless where the act or

20 acts which violated the protective order were committed, to

21 the extent consistent with the venue provisions of this

22 Article. Nothing in this Article shall preclude any Illinois

23 court from enforcing any valid protective order issued in

24 another state. Illinois courts may enforce protective orders

25 through both criminal prosecution and contempt proceedings,

26 unless the action which is second in time is barred by
    SB3044 Enrolled  - 19 - LRB104 17940 JRC 31377 b

1 collateral estoppel or the constitutional prohibition against

2 double jeopardy.

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

4   rule to show cause sets forth facts evidencing an

5   immediate danger that the respondent will flee the

6   jurisdiction, conceal a child, or inflict physical abuse

7   on the petitioner or minor children or on dependent adults

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

9   of the respondent without prior service of the rule to

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

11  shall be set unless specifically denied in writing.

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

13  of a protective order shall be treated as an expedited

14  proceeding.

15  (c) Violation of custody, allocation of parental

16 responsibility, or support orders. A violation of remedies

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

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

19 provided by Section 607.5 of the Illinois Marriage and

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

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

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

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

24 Marriage Act.

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

26 pursuant to this Section if the respondent violates the order
    SB3044 Enrolled  - 20 - LRB104 17940 JRC 31377 b

1 after the respondent has actual knowledge of its contents as

2 shown through one of the following means:

3   (1) (Blank).

4   (2) (Blank).

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

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

7   (4) By other means demonstrating actual knowledge of

8   the contents of the order.

9   A respondent alleged to have violated a protective order

10 is presumed to have actual knowledge of the contents of the

11 order if:

12  (i) the respondent has been served with a summons that

13  includes the language set forth in paragraph (2) of

14  subsection (c) of Section 112A-5.5;

15  (ii) the respondent has been served with the petition

16  for the protective order;

17  (iii) the respondent has been held in default in the

18  protective order proceeding; and

19  (iv) the respondent has been served with an emergency

20  order in the same proceeding that grants the same remedy,

21  including any specifics, that the respondent is alleged to

22  have violated.

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

24 criminal court shall not be affected by either of the

25 following:

26  (1) The existence of a separate, correlative order
    SB3044 Enrolled       - 21 - LRB104 17940 JRC 31377 b

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

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

3   criminal proceeding.

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

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

6 1963 conflicts with an order issued pursuant to the Juvenile

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

8 Marriage Act, the conflicting order issued under subsection

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

10 1963 shall be void.

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

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

13 require physical manifestations of abuse on the person of the

14 victim.

15  (g) Penalties.

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

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

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

19  this Section, the penalty shall be the penalty that

20  generally applies in such criminal or contempt

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

22  incarceration, payment of restitution, a fine, payment of

23  attorneys' fees and costs, or community service.

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

25  evidence of any factors in aggravation or mitigation

26  before deciding an appropriate penalty under paragraph (1)
    SB3044 Enrolled          - 22 - LRB104 17940 JRC 31377 b

1   of this subsection (g).

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

3   encouraged to:

4   (i) increase the penalty for the knowing violation

5   of any protective order over any penalty previously

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

7   protective order or penal statute involving petitioner

8   as victim and respondent as defendant;

9   (ii) impose a minimum penalty of 24 hours

10  imprisonment for respondent's first violation of any

11  protective order; and

12  (iii) impose a minimum penalty of 48 hours

13  imprisonment for respondent's second or subsequent

14  violation of a protective order unless the court

15  explicitly finds that an increased penalty or that

16  period of imprisonment would be manifestly unjust.

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

18  violation of a protective order, a criminal court may

19  consider evidence of any violations of a protective order:

20  (i) to modify the conditions of pretrial release

21  on an underlying criminal charge pursuant to Section

22  110-6 of this Code;

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

24  conditional discharge, or supervision, pursuant to

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

26  (iii) to revoke or modify a sentence of periodic
    SB3044 Enrolled       - 23 - LRB104 17940 JRC 31377 b

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

2   Code of Corrections.

3 (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;

4 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.

5 7-28-23.)

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

7 by changing Section 60 as follows:

8   (740 ILCS 21/60)

9   Sec. 60. Process.

10  (a)(1) Any action for a stalking no contact order requires

11 that a separate summons be issued and served.

12  (2) The summons shall be in the form prescribed by Supreme

13 Court Rule 101(d), except that it shall require the respondent

14 to answer or appear within 7 days.

15  (3) The summons shall include the following language:

16  (A) "If an emergency stalking no contact order has

17  been ordered against you and included with this summons or

18  you have otherwise received a copy of that order, you may

19  be arrested or held criminally or civilly liable for

20  violating certain terms of the order. The court may enter

21  another protective order when the attached emergency order

22  expires."

23  (B) "You must attend court on the date in this

24  summons. If you do not attend that date or on any
    SB3044 Enrolled             - 24 - LRB104 17940 JRC 31377 b

1   subsequent hearing date agreed to by the parties or set by

2   the court, the judge may decide the case without hearing

3   from you. This is called default."

4   (C) "A plenary stalking no contact order may be

5   entered by default for any of the remedies sought in the

6   petition if you fail to appear on the specified hearing

7   date or on any subsequent hearing date agreed to by the

8   parties or set by the court."

9   (D) "If a plenary order is entered at the next or

10  subsequent court date, even if you do not attend or get a

11  copy of the order, you may be arrested or held criminally

12  or civilly liable for violating certain terms of that

13  order."

14  (4) Attachments to the summons or notice shall include the

15 petition for stalking no contact order and supporting

16 affidavits, if any, and any emergency stalking no contact

17 order that has been issued.

18  (b) The summons shall be served by the sheriff or other law

19 enforcement officer at the earliest time and shall take

20 precedence over other summonses except those of a similar

21 emergency nature. Special process servers may be appointed at

22 any time, and their designation shall not affect the

23 responsibilities and authority of the sheriff or other

24 official process servers.

25  (c) Service of process on a member of the respondent's

26 household or by publication shall be adequate if: (1) the
    SB3044 Enrolled     - 25 - LRB104 17940 JRC 31377 b

1 petitioner has made all reasonable efforts to accomplish

2 actual service of process personally upon the respondent, but

3 the respondent cannot be found to effect such service; and (2)

4 the petitioner files an affidavit or presents sworn testimony

5 as to those efforts.

6   (d) A plenary stalking no contact order may be entered by

7 default for the remedy sought in the petition, if the

8 respondent has been served or given notice in accordance with

9 subsection (a) and if the respondent then fails to appear as

10 directed or fails to appear on any subsequent appearance or

11 hearing date agreed to by the parties or set by the court.

12  (e) If an order is granted under subsection (c) of Section

13 95, the court shall immediately file a certified copy of the

14 order with the sheriff or other law enforcement official

15 charged with maintaining Department of State Police records.

16 (Source: P.A. 101-508, eff. 1-1-20.)

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

18 changing Sections 208 and 220 as follows:

19  (740 ILCS 22/208)

20  Sec. 208. Process.

21  (a) (1) Any action for a civil no contact order requires

22 that a separate summons be issued and served.

23  (2) The summons shall be in the form prescribed by Supreme

24 Court Rule 101(d), except that it shall require the respondent
    SB3044 Enrolled     - 26 - LRB104 17940 JRC 31377 b

1 to answer or appear within 7 days.

2   (3) The summons shall include the following language:

3   (A) "If an emergency civil no contact order has been

4   ordered against you and included with this summons or you

5   have otherwise received a copy of that order, you may be

6   arrested or held criminally or civilly liable for

7   violating certain terms of the order. The court may enter

8   another protective order when the attached emergency order

9   expires."

10  (B) "You must attend court on the date in this

11  summons. If you do not attend that date or on any

12  subsequent hearing date agreed to by the parties or set by

13  the court, the judge may decide the case without hearing

14  from you. This is called default."

15  (C) "A plenary civil no contact order may be entered

16  by default for any of the remedies sought in the petition

17  if you fail to appear on the specified hearing date or on

18  any subsequent hearing date agreed to by the parties or

19  set by the court."

20  (D) "If a plenary order is entered at the next or

21  subsequent court date, even if you do not attend or get a

22  copy of the order, you may be arrested or held criminally

23  or civilly liable for violating certain terms of that

24  order."

25  (4) Attachments to the summons or notice shall include the

26 petition for civil no contact order and supporting affidavits,
    SB3044 Enrolled          - 27 - LRB104 17940 JRC 31377 b

1 if any, and any emergency civil no contact order that has been

2 issued.

3   (b) The summons shall be served by the sheriff or other law

4 enforcement officer at the earliest time and shall take

5 precedence over other summonses except those of a similar

6 emergency nature. Special process servers may be appointed at

7 any time, and their designation shall not affect the

8 responsibilities and authority of the sheriff or other

9 official process servers.

10  (c) Service of process on a member of the respondent's

11 household or by publication shall be adequate if: (1) the

12 petitioner has made all reasonable efforts to accomplish

13 actual service of process personally upon the respondent, but

14 the respondent cannot be found to effect such service; and (2)

15 the petitioner files an affidavit or presents sworn testimony

16 as to those efforts.

17  (d) A plenary civil no contact order may be entered by

18 default for the remedy sought in the petition, if the

19 respondent has been served or given notice in accordance with

20 subsection (a) and if the respondent then fails to appear as

21 directed or fails to appear on any subsequent appearance or

22 hearing date agreed to by the parties or set by the court.

23  (e) If an order is granted under subsection (c) of Section

24 214, the court shall immediately file a certified copy of the

25 order with the sheriff or other law enforcement official

26 charged with maintaining Department of State Police records.
    SB3044 Enrolled    - 28 - LRB104 17940 JRC 31377 b

1 (Source: P.A. 101-508, eff. 1-1-20.)

2   (740 ILCS 22/220)

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

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

5 from enforcing a valid protective order issued in another

6 state or by a military judge.

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

8 through both criminal proceedings and civil contempt

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

10 barred by collateral estoppel or the constitutional

11 prohibition against double jeopardy.

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

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

14 or criminal contempt unless the school district or private or

15 non-public school has been allowed to intervene.

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

17 custodian of a minor respondent in civil or criminal contempt

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

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

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

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

22 conduct.

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

24 contact order, whether issued in a civil or criminal

25 proceeding or by a military judge, shall be enforced by a
    SB3044 Enrolled  - 29 - LRB104 17940 JRC 31377 b

1 criminal court when the respondent commits the crime of

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

3 by having knowingly violated:

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

5   a civil no contact order; or

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

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

8   contact order which is authorized under the laws of

9   another state, tribe, or United States territory.

10  Prosecution for a violation of a civil no contact order

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

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

13 the violation of the civil no contact order.

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

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

16 proceeding, may be enforced through civil or criminal contempt

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

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

19 contact order were committed, to the extent consistent with

20 the venue provisions of this Act.

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

22  rule to show cause or petition for adjudication of

23  criminal contempt sets forth facts evidencing an immediate

24  danger that the respondent will flee the jurisdiction or

25  inflict physical abuse on the petitioner or minor children

26  or on dependent adults in the petitioner's care, the court
    SB3044 Enrolled     - 30 - LRB104 17940 JRC 31377 b

1   may order the attachment of the respondent without prior

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

3   to show cause, the petition for adjudication of criminal

4   contempt or the adjudication of criminal contempt.

5   Conditions of release shall be set unless specifically

6   denied in writing.

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

8   for adjudication of criminal contempt for violation of a

9   civil no contact order shall be treated as an expedited

10  proceeding.

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

12 enforced pursuant to this Section if the respondent violates

13 the order after the respondent has actual knowledge of its

14 contents as shown through one of the following means:

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

16  (2) by notice under Section 218;

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

18  Section 218; or

19  (4) by other means demonstrating actual knowledge of

20  the contents of the order.

21  A respondent alleged to have violated a civil no contact

22 order is presumed to have actual knowledge of the contents of

23 the order if:

24  (i) the respondent has been served with a summons that

25  includes the language set forth in paragraph (3) of

26  subsection (a) of Section 208;
    SB3044 Enrolled       - 31 - LRB104 17940 JRC 31377 b

1   (ii) the respondent has been served with the petition

2   for the civil no contact order;

3   (iii) the respondent has been held in default in the

4   civil no contact order proceeding; and

5   (iv) the respondent has been served with an emergency

6   civil no contact order in the same proceeding that grants

7   the same remedy, including any specifics, that the

8   respondent is alleged to have violated.

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

10 criminal court shall not be affected by either of the

11 following:

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

13  entered under Section 202; or

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

15  criminal proceeding.

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

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

18 not require physical manifestations of abuse on the person of

19 the victim.

20  (h) Penalties.

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

22  subsection, where the court finds the commission of a

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

24  this Section, the penalty shall be the penalty that

25  generally applies in such criminal or contempt

26  proceedings, and may include one or more of the following:
    SB3044 Enrolled          - 32 - LRB104 17940 JRC 31377 b

1   incarceration, payment of restitution, a fine, payment of

2   attorneys' fees and costs, or community service.

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

4   evidence of any factors in aggravation or mitigation

5   before deciding an appropriate penalty under paragraph (1)

6   of this subsection.

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

8   encouraged to:

9   (i) increase the penalty for the knowing violation

10  of any civil no contact order over any penalty

11  previously imposed by any court for respondent's

12  violation of any civil no contact order or penal

13  statute involving petitioner as victim and respondent

14  as defendant;

15  (ii) impose a minimum penalty of 24 hours

16  imprisonment for respondent's first violation of any

17  civil no contact order; and

18  (iii) impose a minimum penalty of 48 hours

19  imprisonment for respondent's second or subsequent

20  violation of a civil no contact order unless the court

21  explicitly finds that an increased penalty or that

22  period of imprisonment would be manifestly unjust.

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

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

25  may consider evidence of any previous violations of a

26  civil no contact order:
    SB3044 Enrolled       - 33 - LRB104 17940 JRC 31377 b

1           (i) to modify the conditions of pretrial release

2   on an underlying criminal charge pursuant to Section

3   110-6 of the Code of Criminal Procedure of 1963;

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

5   conditional discharge or supervision, pursuant to

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

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

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

9   Code of Corrections.

10 (Source: P.A. 103-407, eff. 7-28-23.)

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

12 amended by changing Sections 210, 210.1, and 223 as follows:

13  (750 ILCS 60/210) (from Ch. 40, par. 2312-10)

14  Sec. 210. Process.

15  (a) Summons.

16  (1) Any action for an order of protection, whether

17 commenced alone or in conjunction with another proceeding, is

18 a distinct cause of action and requires that a separate

19 summons be issued and served, except that in pending cases the

20 following methods may be used:

21  (A) (1) By delivery of the summons to respondent

22  personally in open court in pending civil or criminal

23  cases.

24  (B) (2) By notice in accordance with Section 210.1 in
    SB3044 Enrolled  - 34 - LRB104 17940 JRC 31377 b

1   civil cases in which the defendant has filed a general

2   appearance.

3   (2) The summons shall be in the form prescribed by Supreme

4 Court Rule 101(d), except that it shall require respondent to

5 answer or appear within 7 days.

6   (3) The summons shall include the following language:

7   (A) "If an emergency order of protection has been

8   ordered against you and included with this summons or

9   you have otherwise received a copy of that order, you

10  may be arrested or held criminally or civilly liable

11  for violating certain terms of the order. The court

12  may enter another order of protection when the

13  attached emergency order expires."

14  (B) "You must attend court on the date in this

15  summons. If you do not attend that date or on any

16  subsequent hearing date agreed to by the parties or

17  set by the court, the judge may decide the case without

18  hearing from you. This is called default."

19  (C) "A plenary order of protection may be entered

20  by default for any of the remedies sought in the

21  petition if you fail to appear on the specified

22  hearing date or on any subsequent hearing date agreed

23  to by the parties or set by the court."

24  (D) "If a plenary order is entered at the next or

25  subsequent court date, even if you do not attend or get

26  a copy of the order, you may be arrested or held
    SB3044 Enrolled            - 35 - LRB104 17940 JRC 31377 b

1          criminally or civilly liable for violating certain

2          terms of that order."

3   (4)Attachments to the summons or notice shall include the

4 petition for order of protection and supporting affidavits, if

5 any, and any emergency order of protection that has been

6 issued.

7   (5)The enforcement of an order of protection under Section

8 223 shall not be affected by the lack of service, delivery, or

9 notice, provided the requirements of subsection (d) of that

10 Section are otherwise met.

11  (b) Blank.

12  (c) Expedited service. The summons shall be served by the

13 sheriff or other law enforcement officer at the earliest time

14 and shall take precedence over other summonses except those of

15 a similar emergency nature. Special process servers may be

16 appointed at any time, and their designation shall not affect

17 the responsibilities and authority of the sheriff or other

18 official process servers. In counties with a population over

19 3,000,000, a special process server may not be appointed if

20 the order of protection grants the surrender of a child, the

21 surrender of a firearm or firearm owners identification card,

22 or the exclusive possession of a shared residence.

23  (d) Remedies requiring actual notice. The counseling,

24 payment of support, payment of shelter services, and payment

25 of losses remedies provided by paragraphs 4, 12, 13, and 16 of

26 subsection (b) of Section 214 may be granted only if
    SB3044 Enrolled        - 36 - LRB104 17940 JRC 31377 b

1 respondent has been personally served with process, has

2 answered or has made a general appearance.

3   (e) Remedies upon constructive notice. Service of process

4 on a member of respondent's household or by publication shall

5 be adequate for the remedies provided by paragraphs 1, 2, 3, 5,

6 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section

7 214, but only if: (i) petitioner has made all reasonable

8 efforts to accomplish actual service of process personally

9 upon respondent, but respondent cannot be found to effect such

10 service and (ii) petitioner files an affidavit or presents

11 sworn testimony as to those efforts.

12  (f) Default. A plenary order of protection may be entered

13 by default as follows:

14  (1) For any of the remedies sought in the petition, if

15  respondent has been served or given notice in accordance

16  with subsection (a) and if respondent then fails to appear

17  as directed or fails to appear on any subsequent

18  appearance or hearing date agreed to by the parties or set

19  by the court; or

20  (2) For any of the remedies provided in accordance

21  with subsection (e), if respondent fails to answer or

22  appear in accordance with the date set in the publication

23  notice or the return date indicated on the service of a

24  household member.

25  (g) Emergency orders. If an order is granted under

26 subsection (c) of Section 217, the court shall immediately
   SB3044 Enrolled     - 37 - LRB104 17940 JRC 31377 b

1 file a certified copy of the order with the sheriff or other
2 law enforcement official charged with maintaining Department
3 of State Police records.
4 (Source: P.A. 101-508, eff. 1-1-20.)

5  (750 ILCS 60/210.1) (from Ch. 40, par. 2312-10.1)

6  Sec. 210.1. Service of notice in conjunction with a

7 pending civil case.

8  (a) Notice. When an action for an order of protection is

9 sought in conjunction with a pending civil case in which the

10 court has obtained jurisdiction over respondent, and

11 respondent has filed a general appearance, then a separate

12 summons need not issue. Original notice of a hearing on a

13 petition for an order of protection may be given, and the

14 documents served, in accordance with Illinois Supreme Court

15 Rules 11 and 12. When, however, an emergency order of

16 protection is sought in such a case on an ex parte application,

17 then the procedure set forth in subsection (a) of Section 210

18 (other than in subparagraph (B) of paragraph (1) of subsection

19 (a) (2)) shall be followed. If an order of protection is issued

20 using the notice provisions of this Section, then the order of

21 protection or extensions of that order may survive the

22 disposition of the main civil case. The enforcement of any

23 order of protection under Section 223 shall not be affected by

24 the lack of notice under this Section, provided the

25 requirements of subsection (d) of that Section are otherwise
    SB3044 Enrolled         - 38 - LRB104 17940 JRC 31377 b

1 met.

2   (b) Default. The form of notice described in subsection

3 (a) shall include the following language directed to the

4 respondent:

5         A 2-year plenary order of protection may be entered by

6   default for any of the remedies sought in the petition if

7   you fail to appear on the specified hearing date or on any

8   subsequent hearing date agreed to by the parties or set by

9   the court.

10  (c) Party to give notice. Notice in the pending civil case

11 shall be given (i) by either party under this Section, with

12 respect to extensions, modifications, hearings, or other

13 relief pertinent to an order of protection, in accordance with

14 Illinois Supreme Court Rules 11 and 12 or (ii) by the

15 respondent as provided in subsection (c) of Section 224.

16 (Source: P.A. 87-1186.)

17  (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

18  Sec. 223. Enforcement of orders of protection.

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

20 protection, whether issued in a civil or criminal proceeding

21 or by a military judge, shall be enforced by a criminal court

22 when:

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

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

25  of the Criminal Code of 1961 or the Criminal Code of 2012,
    SB3044 Enrolled  - 39 - LRB104 17940 JRC 31377 b

1   by having knowingly violated:

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

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

4   of this Act; or

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

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

7   (3), (14), and (14.5) of subsection (b) of Section 214

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

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

10  United States territory; or

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

12  crime against the protected parties as defined by the

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

14  Prosecution for a violation of an order of protection

15  shall not bar concurrent prosecution for any other crime,

16  including any crime that may have been committed at the

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

18  (2) The respondent commits the crime of child

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

20  1961 or the Criminal Code of 2012, by having knowingly

21  violated:

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

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

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

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

26  (8) of subsection (b) of Section 214 of this Act, in a
    SB3044 Enrolled  - 40 - LRB104 17940 JRC 31377 b

1   valid order of protection which is authorized under

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

3   territory.

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

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

6 civil or criminal proceeding or by a military judge, may be

7 enforced through civil or criminal contempt procedures, as

8 appropriate, by any court with jurisdiction, regardless where

9 the act or acts which violated the order of protection were

10 committed, to the extent consistent with the venue provisions

11 of this Act. Nothing in this Act shall preclude any Illinois

12 court from enforcing any valid order of protection issued in

13 another state. Illinois courts may enforce orders of

14 protection through both criminal prosecution and contempt

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

16 barred by collateral estoppel or the constitutional

17 prohibition against double jeopardy.

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

19  rule to show cause sets forth facts evidencing an

20  immediate danger that the respondent will flee the

21  jurisdiction, conceal a child, or inflict physical abuse

22  on the petitioner or minor children or on dependent adults

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

24  of the respondent without prior service of the rule to

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

26  Conditions of release shall be set unless specifically
    SB3044 Enrolled     - 41 - LRB104 17940 JRC 31377 b

1   denied in writing.

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

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

4   proceeding.

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

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

7 or criminal contempt unless the school district or private or

8 non-public school has been allowed to intervene.

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

10 custodian of a minor respondent in civil or criminal contempt

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

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

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

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

15 conduct.

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

17 final judgments allocating parental responsibilities. A

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

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

20 enforced by any remedy provided by Section 607.5 of the

21 Illinois Marriage and Dissolution of Marriage Act. The court

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

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

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

25 of Marriage Act.

26  (d) Actual knowledge. An order of protection may be
    SB3044 Enrolled           - 42 - LRB104 17940 JRC 31377 b

1 enforced pursuant to this Section if the respondent violates

2 the order after the respondent has actual knowledge of its

3 contents as shown through one of the following means:

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

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

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

7   222.

8   (4) By other means demonstrating actual knowledge of

9   the contents of the order.

10  A respondent alleged to have violated a plenary order of

11 protection is presumed to have actual knowledge of the

12 contents of the order if:

13  (i) the respondent has been served with a summons that

14  includes the language set forth in paragraph (3) of

15  subsection (a) of Section 210;

16  (ii) the respondent has been served with the petition

17  for the order of protection;

18  (iii) the respondent has been held in default in the

19  order of protection proceeding; and

20  (iv) the respondent has been served with an emergency

21  order of protection in the same proceeding that grants the

22  same remedy, including any specifics, that the respondent

23  is alleged to have violated.

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

25 criminal court shall not be affected by either of the

26 following:
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1   (1) The existence of a separate, correlative order,

2   entered under Section 215.

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

4   criminal proceeding.

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

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

7 not require physical manifestations of abuse on the person of

8 the victim.

9   (g) Penalties.

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

11  subsection, where the court finds the commission of a

12  crime or contempt of court under subsections (a) or (b) of

13  this Section, the penalty shall be the penalty that

14  generally applies in such criminal or contempt

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

16  incarceration, payment of restitution, a fine, payment of

17  attorneys' fees and costs, or community service.

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

19  evidence of any factors in aggravation or mitigation

20  before deciding an appropriate penalty under paragraph (1)

21  of this subsection.

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

23  encouraged to:

24             (i) increase the penalty for the knowing violation

25  of any order of protection over any penalty previously

26  imposed by any court for respondent's violation of any
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1   order of protection or penal statute involving

2   petitioner as victim and respondent as defendant;

3            (ii) impose a minimum penalty of 24 hours

4   imprisonment for respondent's first violation of any

5   order of protection; and

6            (iii) impose a minimum penalty of 48 hours

7   imprisonment for respondent's second or subsequent

8   violation of an order of protection

9   unless the court explicitly finds that an increased

10  penalty or that period of imprisonment would be manifestly

11  unjust.

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

13  violation of an order of protection, a criminal court may

14  consider evidence of any violations of an order of

15  protection:

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

17  of pretrial release on an underlying criminal charge

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

19  Procedure of 1963;

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

21  conditional discharge or supervision, pursuant to

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

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

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

25  Code of Corrections.

26  (5) In addition to any other penalties, the court
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1  shall impose an additional fine of $20 as authorized by

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

3  any person convicted of or placed on supervision for a

4  violation of an order of protection. The additional fine

5  shall be imposed for each violation of this Section.

6 (Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)

7  Section 99. Effective date. This Act takes effect January

8 1, 2028.
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