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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,

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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

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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

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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

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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

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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;

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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

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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

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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

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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.

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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.

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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.

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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

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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

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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.

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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

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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.

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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

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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

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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

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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)

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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

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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

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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

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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

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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,

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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.

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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

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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;

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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:

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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

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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

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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

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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

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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.