HB5148 Engrossed

LRB095 19675 AJO 46022 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 



 
4
    Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by changing Section 112A-20 as follows:
 



6
    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)


7
    Sec. 112A-20. Duration and extension of orders. 

8
    (a) Duration of emergency and interim orders.  Unless 
9
re-opened or
extended or voided by entry of
an order of greater 
10
duration:


11
        (1) Emergency orders issued under Section 112A-17 
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    shall be
effective for not less than 14 nor more than 21 
13
    days;


14
        (2) Interim orders shall be effective for up to 30 
15
    days.

16
    (b) Duration of plenary orders.  Except as otherwise 
17
provided in this
Section, a plenary order of protection shall 
18
be valid for a fixed period
of time not to exceed 2 years.
A 
19
plenary order of protection entered in conjunction with a 
20
criminal
prosecution shall remain in effect as follows:


21
        (1) if entered during pre-trial release, until 
22
    disposition, withdrawal,
or dismissal of the underlying 
23
    charge; if, however, the case is continued as an

 


 






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    independent cause of action, the order's duration may be 
2
    for a fixed period
of time not to exceed 2 years;


3
        (2) if in effect in conjunction with a bond forfeiture 
4
    warrant, until
final disposition or an additional period
of 
5
    time not
exceeding 2 years; no order of
protection, 
6
    however, shall be terminated by a dismissal that is 
7
    accompanied
by the issuance of a bond forfeiture warrant;


8
        (3) until expiration of any supervision, conditional 
9
    discharge,
probation, periodic imprisonment, parole or 
10
    mandatory supervised release and for an additional period 
11
    of time thereafter not
exceeding 2 years; or


12
        (4) until the date set by the court for expiration of 
13
    any sentence of
imprisonment and subsequent parole or 
14
    mandatory supervised release
and for an additional period 
15
    of time
thereafter not exceeding 2 years.

16
    (c) Computation of time.  The duration of an order of 
17
protection shall
not be reduced by the duration of any prior 
18
order of protection.

19
    (d) Law enforcement records.  When a plenary order of 
20
protection expires
upon the occurrence of a specified event, 
21
rather than upon a specified date
as provided in subsection 
22
(b), no expiration date shall be entered in
Department of State 
23
Police records.  To remove the plenary order from
those records, 
24
either party shall request the clerk of the court to file a

25
certified copy of an order stating that the specified event has 
26
occurred or
that the plenary order has been vacated or modified 
 


 






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1
with the sheriff, and the
sheriff shall direct that law 
2
enforcement records shall be promptly
corrected in accordance 
3
with the filed order.

4
    (e) Extension of Orders.  Any emergency, interim or plenary 
5
order of
protection may be extended one or more times, as 
6
required, provided that
the requirements of Section 112A-17, 
7
112A-18 or 112A-19, as appropriate, are satisfied.
 If the 
8
motion for extension is uncontested and petitioner seeks no

9
modification of the order,
the order may be extended on the 
10
basis of petitioner's motion or
affidavit stating that there 
11
has been no material change in relevant
circumstances since 
12
entry of the order and stating the reason for the
requested 
13
extension. An extension of a plenary order of protection may be 
14
granted, upon good cause shown, to remain in effect until the 
15
order of protection is vacated or modified.  Extensions may be 
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granted only in
open court and not under the provisions of 
17
Section 112A-17(c), which
applies only when the court is 
18
unavailable at the close of business or on a
court holiday.

19
    (f) Termination date.  Any order of protection which would 
20
expire on a
court holiday shall instead expire at the close of 
21
the next court business day.

22
    (g) Statement of purpose.  The practice of dismissing or 
23
suspending a
criminal prosecution in exchange for issuing an 
24
order of protection
undermines the purposes of this Article.  
25
This Section shall not be
construed as encouraging that 
26
practice.

 


 






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1
(Source: P.A. 87-1186.)



 
2
    Section 10. The Illinois Domestic Violence Act of 1986 is 
3
amended  by changing Section 220 as follows:
 



4
    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)



5
    Sec. 220. Duration and extension of orders. 

6
    (a) Duration of emergency and interim orders.  Unless 
7
re-opened or
extended or voided by entry of an order of greater 
8
duration:


9
        (1) Emergency orders issued under Section 217 shall be 
10
    effective for
not less than 14 nor more than 21 days;


11
        (2) Interim orders shall be effective for up to 30 
12
    days.

13
    (b) Duration of plenary orders.  Except as otherwise 
14
provided in this
Section, a plenary order of protection shall 
15
be valid for a fixed period of
time, not to exceed two years.


16
        (1) A plenary order of protection entered in 
17
    conjunction with another
civil
proceeding shall remain in 
18
    effect as follows:


19
            (i) if entered as preliminary relief in that other 
20
        proceeding, until
entry of final judgment in
that other 
21
        proceeding;


22
            (ii) if incorporated into the final judgment in 
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        that other
proceeding, until the order of protection is 
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        vacated or modified; or


 


 






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            (iii) if incorporated in an order for involuntary 
2
        commitment, until
termination of both the involuntary 
3
        commitment and any voluntary
commitment, or for a fixed 
4
        period of time not exceeding 2 years.


5
        (2) A plenary order of protection entered in 
6
    conjunction with a criminal
prosecution shall remain in 
7
    effect as follows:


8
            (i) if entered during pre-trial release, until 
9
        disposition, withdrawal,
or dismissal of the 
10
        underlying charge;
if, however, the case is continued 
11
        as an independent cause of action, the
order's duration 
12
        may be for a fixed period of time not to exceed 2 
13
        years;


14
            (ii) if in effect in conjunction with a bond 
15
        forfeiture warrant, until
final disposition or an 
16
        additional period of time not
exceeding 2 years;
no 
17
        order of protection, however, shall be terminated by a 
18
        dismissal that
is accompanied by the issuance of a bond 
19
        forfeiture warrant;


20
            (iii) until expiration of any supervision, 
21
        conditional discharge,
probation, periodic 
22
        imprisonment, parole or mandatory supervised release 
23
        and for an additional period of time thereafter not

24
        exceeding 2 years; or


25
            (iv) until the date set by the court for expiration 
26
        of any sentence of
imprisonment and subsequent parole 
 


 






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        or mandatory supervised release
and for an additional 
2
        period of time thereafter
not exceeding 2 years.

3
    (c) Computation of time.  The duration of an order of 
4
protection shall
not be reduced by the duration of any prior 
5
order of protection.

6
    (d) Law enforcement records.  When a plenary order of 
7
protection expires
upon the occurrence of a specified event, 
8
rather than upon a specified date
as provided in subsection 
9
(b), no expiration date shall be entered in
Department of State 
10
Police records. To remove the plenary order from those
records, 
11
either party shall request the clerk of the court to file a

12
certified copy of an order stating that the specified event has 
13
occurred or
that the plenary order has been vacated or modified 
14
with the Sheriff, and the
Sheriff shall direct that law 
15
enforcement records shall be promptly
corrected in accordance 
16
with the filed order.

17
    (e) Extension of orders.  Any emergency, interim or plenary 
18
order
may be extended one or more times, as required, provided 
19
that
the requirements of Section 217, 218 or 219, as 
20
appropriate, are satisfied.
 If the motion for extension is 
21
uncontested and petitioner seeks no
modification of the order,

22
the order may be extended on the basis of petitioner's motion 
23
or
affidavit stating that there has been no material change in 
24
relevant
circumstances since entry of the order and stating the 
25
reason for the
requested extension. An extension of a plenary 
26
order of protection may be granted, upon good cause shown, to 
 


 






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remain in effect until the order of protection is vacated or 
2
modified.
Extensions may be granted only in open court and not 
3
under the provisions
of subsection (c) of Section 217, which 
4
applies only when the court is
unavailable at the close of 
5
business or on a court holiday.

6
    (f) Termination date.  Any order of protection which would 
7
expire on a
court holiday shall instead expire at the close of 
8
the next court business day.

9
    (g) Statement of purpose.  The practice of dismissing or 
10
suspending a
criminal prosecution in exchange for the issuance 
11
of an order of protection
undermines the purposes of this Act.  
12
This Section shall not be construed
as encouraging that 
13
practice.

14
(Source: P.A. 86-966; 87-1186.)