Rep. Maurice A. West, II

Filed: 5/21/2026

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1 AMENDMENT TO SENATE BILL 3044

2 AMENDMENT NO. ______. Amend Senate Bill 3044 by replacing

3 everything after the enacting clause with the following:

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,

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

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

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

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

5 order of protection, which is authorized under the

6 laws of another state, tribe or United States

7 territory,

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

9 crime against the protected parties as the term

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

11 Code of Criminal Procedure of 1963; and

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

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

14 the Illinois Domestic Violence Act of 1986 or any

15 substantially similar statute of another state, tribe or

16 United States territory, or otherwise has acquired actual

17 knowledge of the contents of the order.

18 A person alleged to have violated a plenary order of

19 protection is presumed to have actual knowledge of the

20 contents of the order if:

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

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

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

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

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

26 1963;

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

2 the order of protection;

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

4 of protection proceeding; and

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

6 order of protection in the same proceeding that grants the

7 same remedy, including any specifics, that the person is

8 alleged to have violated.

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

10 territorial court related to domestic or family violence shall

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

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

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

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

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

16 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 order of

20 protection.

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

22 the inherent authority of the courts to enforce their lawful

23 orders through civil or criminal contempt proceedings.

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

25 Section 305 of the Illinois Domestic Violence Act of 1986

26 apply to actions taken under this Section.

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

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

3 felony if the defendant has any prior conviction under this

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

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

6 conviction under the law of another jurisdiction for an

7 offense that could be charged in this State as a domestic

8 battery or violation of an order of protection. Violation of

9 an order of protection is a Class 4 felony if the defendant has

10 any prior conviction under this Code for first degree murder

11 (Section 9-1), attempt to commit first degree murder (Section

12 8-4), aggravated domestic battery (Section 12-3.3), aggravated

13 battery (Section 12-3.05 or 12-4), heinous battery (Section

14 12-4.1), aggravated battery with a firearm (Section 12-4.2),

15 aggravated battery with a machine gun or a firearm equipped

16 with a silencer (Section 12-4.2-5), aggravated battery of a

17 child (Section 12-4.3), aggravated battery of an unborn child

18 (subsection (a-5) of Section 12-3.1, or Section 12-4.4),

19 aggravated battery of a senior citizen (Section 12-4.6),

20 stalking (Section 12-7.3), aggravated stalking (Section

21 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),

22 aggravated criminal sexual assault (Section 11-1.30 or 12-14),

23 kidnapping (Section 10-1), aggravated kidnapping (Section

24 10-2), predatory criminal sexual assault of a child (Section

25 11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section

26 11-1.60 or 12-16), unlawful restraint (Section 10-3),

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1 aggravated unlawful restraint (Section 10-3.1), aggravated

2 arson (Section 20-1.1), aggravated discharge of a firearm

3 (Section 24-1.2), or a violation of any former law of this

4 State that is substantially similar to any listed offense, or

5 any prior conviction under the law of another jurisdiction for

6 an offense that could be charged in this State as one of the

7 offenses listed in this Section, when any of these offenses

8 have been committed against a family or household member as

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

10 1963. The court shall impose a minimum penalty of 24 hours

11 imprisonment for defendant's second or subsequent violation of

12 any order of protection; unless the court explicitly finds

13 that an increased penalty or such period of imprisonment would

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

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

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

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

18 Code of Corrections.

19 (e) (Blank).

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

21 to violate this Section, under the principles of

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

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

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

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

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

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1 (720 ILCS 5/12-3.8)

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

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

4 if:

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

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

7 ordered in violation of:

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

9 authorized under Section 213 of the Civil No Contact

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

11 Procedure of 1963; or

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

13 the remedies authorized under Section 213 of the Civil

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

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

16 contact order, which is authorized under the laws of

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

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

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

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

21 Procedure of 1963, or any substantially similar statute of

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

23 otherwise has acquired actual knowledge of the contents of

24 the order.

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

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

2 order if:

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

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

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

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

7 112A-5.5 of the Code of Criminal Procedure of 1963;

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

9 the civil no contact order;

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

11 no contact proceeding; and

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

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

14 including any specifics, that the person is alleged to

15 have violated.

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

17 territorial court shall be deemed valid if the issuing court

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

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

20 of validity when an order is certified and appears authentic

21 on its face.

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

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

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

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

26 process filed seeking enforcement of a foreign civil no

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1 contact order.

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

3 order shall not bar a concurrent prosecution for any other

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

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

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

7 the inherent authority of the courts to enforce their lawful

8 orders through civil or criminal contempt proceedings.

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

10 to violate this Section, under the principles of

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

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

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

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

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

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

17 for a second or subsequent violation.

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

19 (720 ILCS 5/12-3.9)

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

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

22 order if:

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

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

25 ordered by a court in violation of:

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

2 of protection authorized under Section 80 of the

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

4 the Code of Criminal Procedure of 1963; or

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

6 the remedies authorized under Section 80 of the

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

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

9 stalking no contact order, which is authorized under

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

11 territory; and

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

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

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

15 Criminal Procedure of 1963, or any substantially similar

16 statute of another state, tribe, or United States

17 territory, or otherwise has acquired actual knowledge of

18 the contents of the order.

19 A person alleged to have violated a stalking no contact

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

21 the 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 60 of the Stalking 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 stalking no contact order;

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

4 stalking 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 stalking 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 "stalking 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 stalking no

20 contact order.

21 (b) Prosecution for a violation of a stalking 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 stalking no contact order

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

10 felony for a second or subsequent violation.

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

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

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

14 (725 ILCS 5/112A-5.5)

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

16 respondent, hearing on petition, and default orders.

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

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

19 delinquency petition is filed and before the charge or

20 delinquency petition is dismissed, the defendant or juvenile

21 is acquitted, or the defendant or juvenile completes service

22 of his or her sentence.

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

24 considered without notice to the respondent under Section

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1 112A-17.5 of this Code.

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

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

4 respondent personally in open court in the criminal or

5 juvenile delinquency proceeding, in the form prescribed by

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

7 require the respondent to answer or appear within 7 days.

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

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

10 against you and included with this summons or you have

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

12 arrested or held criminally or civilly liable for

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

14 another protective order when the attached emergency order

15 expires."

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

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

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

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

20 from you. This is called default."

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

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

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

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

25 the court."

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

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

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

3 or civilly liable for violating certain terms of that

4 order."

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

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

7 ex parte protective order that has been issued.

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

9 enforcement officer at the earliest time available and shall

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

11 similar emergency nature. Attachments to the summons shall

12 include the petition for protective order, supporting

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

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

15 time and their designation shall not affect the

16 responsibilities and authority of the sheriff or other

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

18 3,000,000, a special process server may not be appointed if

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

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

21 or the exclusive possession of a shared residence.

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

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

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

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

26 the court shall either order continued attempts at personal

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1 service or shall order service by publication, in accordance

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

3 Procedure.

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

5 considered at any court proceeding in the delinquency or

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

7 has not been provided notice of the court proceeding at least

8 10 days in advance of the proceeding, the court shall schedule

9 a hearing on the petition and provide notice to the

10 petitioner.

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

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

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

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

15 determine the procedure for a remote hearing. The petitioner

16 and respondent may appear remotely or in person.

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

18 order, or local rule detailing information about the process

19 for requesting and participating in a remote court appearance.

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

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

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

23 The sign shall be written in plain language and include

24 information about the availability of remote court appearances

25 and the process for requesting a remote hearing.

26 (g) Default orders.

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

2 be entered by default:

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

4 petition, if the respondent has been served with

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

6 and if the respondent fails to appear on the specified

7 return date or any subsequent hearing date agreed to

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

9 or

10 (B) for any of the remedies provided under

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

12 (10), (11), (14), (15), (17), or (18) of subsection

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

14 respondent fails to answer or appear in accordance

15 with the date set in the publication notice or the

16 return date indicated on the service of a household

17 member.

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

19 default for any of the remedies provided in Section

20 112A-14.5 of this Code, if the respondent has been served

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

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

23 in accordance with the date set in the publication notice

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

25 member.

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

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1 by default for any of the remedies provided by Section

2 112A-14.7 of this Code, if the respondent has been served

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

4 and if the respondent fails to answer or appear in

5 accordance with the date set in the publication notice or

6 the return date indicated on the service of a household

7 member.

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

9 Section, the court shall include a finding about whether

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

11 was included in the summons. Whether the language required

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

13 summons shall not impact whether the court grants the

14 default order if the summons was otherwise proper and the

15 requirements for default are otherwise met.

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

17 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

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

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

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

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

22 when:

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

24 domestic violence order of protection pursuant to Section

25 12-3.4 or 12-30 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012, by having knowingly violated:

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

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

4 of this Code,

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

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

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

8 Illinois Domestic Violence Act of 1986, in a valid

9 order of protection, which is authorized under the

10 laws of another state, tribe, or United States

11 territory, or

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

13 crime against the protected parties as defined by the

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

15 Prosecution for a violation of a domestic violence

16 order of protection shall not bar concurrent prosecution

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

18 been committed at the time of the violation of the

19 domestic violence order of protection; or

20 (2) The respondent commits the crime of child

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

22 1961 or the Criminal Code of 2012, by having knowingly

23 violated:

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

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

26 or

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

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

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

4 Domestic Violence Act of 1986, in a valid domestic

5 violence order of protection, which is authorized

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

7 States territory.

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

9 civil no contact order when the respondent violates

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

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

12 concurrent prosecution for any other crime, including any

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

14 violation of the civil no contact order.

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

16 stalking no contact order when the respondent violates

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

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

19 bar concurrent prosecution for any other crime, including

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

21 violation of the stalking no contact order.

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

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

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

25 through civil or criminal contempt procedures, as appropriate,

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

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1 acts which violated the protective order were committed, to

2 the extent consistent with the venue provisions of this

3 Article. Nothing in this Article shall preclude any Illinois

4 court from enforcing any valid protective order issued in

5 another state. Illinois courts may enforce protective orders

6 through both criminal prosecution and contempt proceedings,

7 unless the action which is second in time is barred by

8 collateral estoppel or the constitutional prohibition against

9 double jeopardy.

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

11 rule to show cause sets forth facts evidencing an

12 immediate danger that the respondent will flee the

13 jurisdiction, conceal a child, or inflict physical abuse

14 on the petitioner or minor children or on dependent adults

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

16 of the respondent without prior service of the rule to

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

18 shall be set unless specifically denied in writing.

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

20 of a protective order shall be treated as an expedited

21 proceeding.

22 (c) Violation of custody, allocation of parental

23 responsibility, or support orders. A violation of remedies

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

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

26 provided by Section 607.5 of the Illinois Marriage and

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

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

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

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

5 Marriage Act.

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

7 pursuant to this Section if the respondent violates the order

8 after the respondent has actual knowledge of its contents as

9 shown through one of the following means:

10 (1) (Blank).

11 (2) (Blank).

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

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

14 (4) By other means demonstrating actual knowledge of

15 the contents of the order.

16 A respondent alleged to have violated a protective order

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

18 order if:

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

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

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

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

23 for the protective order;

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

25 protective order proceeding; and

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

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

2 including any specifics, that the respondent is alleged to

3 have violated.

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

5 criminal court shall not be affected by either of the

6 following:

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

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

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

10 criminal proceeding.

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

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

13 1963 conflicts with an order issued pursuant to the Juvenile

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

15 Marriage Act, the conflicting order issued under subsection

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

17 1963 shall be void.

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

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

20 require physical manifestations of abuse on the person of the

21 victim.

22 (g) Penalties.

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

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

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

26 this Section, the penalty shall be the penalty that

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1 generally applies in such criminal or contempt

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

3 incarceration, payment of restitution, a fine, payment of

4 attorneys' fees and costs, or community service.

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

6 evidence of any factors in aggravation or mitigation

7 before deciding an appropriate penalty under paragraph (1)

8 of this subsection (g).

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

10 encouraged to:

11 (i) increase the penalty for the knowing violation

12 of any protective order over any penalty previously

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

14 protective order or penal statute involving petitioner

15 as victim and respondent as defendant;

16 (ii) impose a minimum penalty of 24 hours

17 imprisonment for respondent's first violation of any

18 protective order; and

19 (iii) impose a minimum penalty of 48 hours

20 imprisonment for respondent's second or subsequent

21 violation of a protective order unless the court

22 explicitly finds that an increased penalty or that

23 period of imprisonment would be manifestly unjust.

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

25 violation of a protective order, a criminal court may

26 consider evidence of any violations of a protective 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 this Code;

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;

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. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;

11 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.

12 7-28-23.)

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

14 by changing Section 60 as follows:

15 (740 ILCS 21/60)

16 Sec. 60. Process.

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

18 that a separate summons be issued and served.

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

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

21 to answer or appear within 7 days.

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

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

24 been ordered against you and included with this summons or

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

2 be arrested or held criminally or civilly liable for

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

4 another protective order when the attached emergency order

5 expires."

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

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

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

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

10 from you. This is called default."

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

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

13 petition if you fail to appear on the specified hearing

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

15 parties or set by the court."

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

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

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

19 or civilly liable for violating certain terms of that

20 order."

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

22 petition for stalking no contact order and supporting

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

24 order that has been issued.

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

26 enforcement officer at the earliest time and shall take

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1 precedence over other summonses except those of a similar

2 emergency nature. Special process servers may be appointed at

3 any time, and their designation shall not affect the

4 responsibilities and authority of the sheriff or other

5 official process servers.

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

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

8 petitioner has made all reasonable efforts to accomplish

9 actual service of process personally upon the respondent, but

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

11 the petitioner files an affidavit or presents sworn testimony

12 as to those efforts.

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

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

15 respondent has been served or given notice in accordance with

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

17 directed or fails to appear on any subsequent appearance or

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

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

20 95, the court shall immediately file a certified copy of the

21 order with the sheriff or other law enforcement official

22 charged with maintaining Department of State Police records.

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

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

25 changing Sections 208 and 220 as follows:

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1 (740 ILCS 22/208)

2 Sec. 208. Process.

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

4 that a separate summons be issued and served.

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

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

7 to answer or appear within 7 days.

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

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

10 ordered against you and included with this summons or you

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

12 arrested or held criminally or civilly liable for

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

14 another protective order when the attached emergency order

15 expires."

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

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

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

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

20 from you. This is called default."

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

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

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

24 any subsequent hearing date agreed to by the parties or

25 set by the court."

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

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

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

4 or civilly liable for violating certain terms of that

5 order."

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

7 petition for civil no contact order and supporting affidavits,

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

9 issued.

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

11 enforcement officer at the earliest time and shall take

12 precedence over other summonses except those of a similar

13 emergency nature. Special process servers may be appointed at

14 any time, and their designation shall not affect the

15 responsibilities and authority of the sheriff or other

16 official process servers.

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

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

19 petitioner has made all reasonable efforts to accomplish

20 actual service of process personally upon the respondent, but

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

22 the petitioner files an affidavit or presents sworn testimony

23 as to those efforts.

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

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

26 respondent has been served or given notice in accordance with

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

2 directed or fails to appear on any subsequent appearance or

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

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

5 214, the court shall immediately file a certified copy of the

6 order with the sheriff or other law enforcement official

7 charged with maintaining Department of State Police records.

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

9 (740 ILCS 22/220)

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

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

12 from enforcing a valid protective order issued in another

13 state or by a military judge.

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

15 through both criminal proceedings and civil contempt

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

17 barred by collateral estoppel or the constitutional

18 prohibition against double jeopardy.

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

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

21 or criminal contempt unless the school district or private or

22 non-public school has been allowed to intervene.

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

24 custodian of a minor respondent in civil or criminal contempt

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

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

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

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

4 conduct.

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

6 contact order, whether issued in a civil or criminal

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

8 criminal court when the respondent commits the crime of

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

10 by having knowingly violated:

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

12 a civil no contact order; or

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

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

15 contact order which is authorized under the laws of

16 another state, tribe, or United States territory.

17 Prosecution for a violation of a civil no contact order

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

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

20 the violation of the civil no contact order.

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

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

23 proceeding, may be enforced through civil or criminal contempt

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

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

26 contact order were committed, to the extent consistent with

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1 the venue provisions of this Act.

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

3 rule to show cause or petition for adjudication of

4 criminal contempt sets forth facts evidencing an immediate

5 danger that the respondent will flee the jurisdiction or

6 inflict physical abuse on the petitioner or minor children

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

8 may order the attachment of the respondent without prior

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

10 to show cause, the petition for adjudication of criminal

11 contempt or the adjudication of criminal contempt.

12 Conditions of release shall be set unless specifically

13 denied in writing.

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

15 for adjudication of criminal contempt for violation of a

16 civil no contact order shall be treated as an expedited

17 proceeding.

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

19 enforced pursuant to this Section if the respondent violates

20 the order after the respondent has actual knowledge of its

21 contents as shown through one of the following means:

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

23 (2) by notice under Section 218;

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

25 Section 218; or

26 (4) by other means demonstrating actual knowledge of

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1 the contents of the order.

2 A respondent alleged to have violated a civil no contact

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

4 the order if:

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

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

7 subsection (a) of Section 208;

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

9 for the civil no contact order;

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

11 civil no contact order proceeding; and

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

13 civil no contact order in the same proceeding that grants

14 the same remedy, including any specifics, that the

15 respondent is alleged to have violated.

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

17 criminal court shall not be affected by either of the

18 following:

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

20 entered under Section 202; or

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

22 criminal proceeding.

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

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

25 not require physical manifestations of abuse on the person of

26 the victim.

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1 (h) Penalties.

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

3 subsection, where the court finds the commission of a

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

5 this Section, the penalty shall be the penalty that

6 generally applies in such criminal or contempt

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

8 incarceration, payment of restitution, a fine, payment of

9 attorneys' fees and costs, or community service.

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

11 evidence of any factors in aggravation or mitigation

12 before deciding an appropriate penalty under paragraph (1)

13 of this subsection.

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

15 encouraged to:

16 (i) increase the penalty for the knowing violation

17 of any civil no contact order over any penalty

18 previously imposed by any court for respondent's

19 violation of any civil no contact order or penal

20 statute involving petitioner as victim and respondent

21 as defendant;

22 (ii) impose a minimum penalty of 24 hours

23 imprisonment for respondent's first violation of any

24 civil no contact order; and

25 (iii) impose a minimum penalty of 48 hours

26 imprisonment for respondent's second or subsequent

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1 violation of a civil no contact order unless the court

2 explicitly finds that an increased penalty or that

3 period of imprisonment would be manifestly unjust.

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

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

6 may consider evidence of any previous violations of a

7 civil no contact order:

8 (i) to modify the conditions of pretrial release

9 on an underlying criminal charge pursuant to Section

10 110-6 of the Code of Criminal Procedure of 1963;

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

12 conditional discharge or supervision, pursuant to

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

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

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

16 Code of Corrections.

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

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

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

20 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)

21 Sec. 210. Process.

22 (a) Summons.

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

24 commenced alone or in conjunction with another proceeding, is

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1 a distinct cause of action and requires that a separate

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

3 following methods may be used:

4 (A) ~~(1)~~ By delivery of the summons to respondent

5 personally in open court in pending civil or criminal

6 cases.

7 (B) ~~(2)~~ By notice in accordance with Section 210.1 in

8 civil cases in which the defendant has filed a general

9 appearance.

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

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

12 answer or appear within 7 days.

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

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

15 ordered against you and included with this summons or

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

17 may be arrested or held criminally or civilly liable

18 for violating certain terms of the order. The court

19 may enter another order of protection when the

20 attached emergency order expires."

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

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

23 subsequent hearing date agreed to by the parties or

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

25 hearing from you. This is called default."

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

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1 by default for any of the remedies sought in the

2 petition if you fail to appear on the specified

3 hearing date or on any subsequent hearing date agreed

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

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

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

7 a copy of the order, you may be arrested or held

8 criminally or civilly liable for violating certain

9 terms of that order."

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

11 petition for order of protection and supporting affidavits, if

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

13 issued.

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

15 223 shall not be affected by the lack of service, delivery, or

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

17 Section are otherwise met.

18 (b) Blank.

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

20 sheriff or other law enforcement officer at the earliest time

21 and shall take precedence over other summonses except those of

22 a similar emergency nature. Special process servers may be

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

24 the responsibilities and authority of the sheriff or other

25 official process servers. In counties with a population over

26 3,000,000, a special process server may not be appointed if

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

2 surrender of a firearm or firearm owners identification card,

3 or the exclusive possession of a shared residence.

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

5 payment of support, payment of shelter services, and payment

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

7 subsection (b) of Section 214 may be granted only if

8 respondent has been personally served with process, has

9 answered or has made a general appearance.

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

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

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

13 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section

14 214, but only if: (i) petitioner has made all reasonable

15 efforts to accomplish actual service of process personally

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

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

18 sworn testimony as to those efforts.

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

20 by default as follows:

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

22 respondent has been served or given notice in accordance

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

24 as directed or fails to appear on any subsequent

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

26 by the court; or

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

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

3 appear in accordance with the date set in the publication

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

5 household member.

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

7 subsection (c) of Section 217, the court shall immediately

8 file a certified copy of the order with the sheriff or other

9 law enforcement official charged with maintaining Department

10 of State Police records.

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

12 (750 ILCS 60/210.1) (from Ch. 40, par. 2312-10.1)

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

14 pending civil case.

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

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

17 court has obtained jurisdiction over respondent, and

18 respondent has filed a general appearance, then a separate

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

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

21 documents served, in accordance with Illinois Supreme Court

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

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

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

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

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

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

3 protection or extensions of that order may survive the

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

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

6 the lack of notice under this Section, provided the

7 requirements of subsection (d) of that Section are otherwise

8 met.

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

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

11 respondent:

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

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

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

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

16 the court.

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

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

19 respect to extensions, modifications, hearings, or other

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

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

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

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

24 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

25 Sec. 223. Enforcement of orders of protection.

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

2 protection, whether issued in a civil or criminal proceeding

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

4 when:

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

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

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

8 by having knowingly violated:

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

10 (3), (14), or (14.5) of subsection (b) of Section 214

11 of this Act; or

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

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

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

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

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

17 United States territory; or

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

19 crime against the protected parties as defined by the

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

21 Prosecution for a violation of an order of protection

22 shall not bar concurrent prosecution for any other crime,

23 including any crime that may have been committed at the

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

25 (2) The respondent commits the crime of child

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

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1 1961 or the Criminal Code of 2012, by having knowingly

2 violated:

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

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

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

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

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

8 valid order of protection which is authorized under

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

10 territory.

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

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

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

14 enforced through civil or criminal contempt procedures, as

15 appropriate, by any court with jurisdiction, regardless where

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

17 committed, to the extent consistent with the venue provisions

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

19 court from enforcing any valid order of protection issued in

20 another state. Illinois courts may enforce orders of

21 protection through both criminal prosecution and contempt

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

23 barred by collateral estoppel or the constitutional

24 prohibition against double jeopardy.

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

26 rule to show cause sets forth facts evidencing an

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1 immediate danger that the respondent will flee the

2 jurisdiction, conceal a child, or inflict physical abuse

3 on the petitioner or minor children or on dependent adults

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

5 of the respondent without prior service of the rule to

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

7 Conditions of release shall be set unless specifically

8 denied in writing.

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

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

11 proceeding.

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) Violation of custody or support orders or temporary or

24 final judgments allocating parental responsibilities. A

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

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

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1 enforced by any remedy provided by Section 607.5 of the

2 Illinois Marriage and Dissolution of Marriage Act. The court

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

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

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

6 of Marriage Act.

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

8 enforced pursuant to this Section if the respondent violates

9 the order after the respondent has actual knowledge of its

10 contents as shown through one of the following means:

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

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

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

14 222.

15 (4) By other means demonstrating actual knowledge of

16 the contents of the order.

17 A respondent alleged to have violated a plenary order of

18 protection is presumed to have actual knowledge of the

19 contents of the order if:

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

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

22 subsection (a) of Section 210;

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

24 for the order of protection;

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

26 order of protection proceeding; and

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

2 order of protection in the same proceeding that grants the

3 same remedy, including any specifics, that the respondent

4 is alleged to have violated.

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

6 criminal court shall not be affected by either of the

7 following:

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

9 entered under Section 215.

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

11 criminal proceeding.

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

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

14 not require physical manifestations of abuse on the person of

15 the victim.

16 (g) Penalties.

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

18 subsection, where the court finds the commission of a

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

20 this Section, the penalty shall be the penalty that

21 generally applies in such criminal or contempt

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

23 incarceration, payment of restitution, a fine, payment of

24 attorneys' fees and costs, or community service.

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

26 evidence of any factors in aggravation or mitigation

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LRB104 17940 LNS 38176 a

1 before deciding an appropriate penalty under paragraph (1)

2 of this subsection.

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

4 encouraged to:

5 (i) increase the penalty for the knowing violation

6 of any order of protection over any penalty previously

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

8 order of protection or penal statute involving

9 petitioner as victim and respondent as defendant;

10 (ii) impose a minimum penalty of 24 hours

11 imprisonment for respondent's first violation of any

12 order of protection; and

13 (iii) impose a minimum penalty of 48 hours

14 imprisonment for respondent's second or subsequent

15 violation of an order of protection

16 unless the court explicitly finds that an increased

17 penalty or that period of imprisonment would be manifestly

18 unjust.

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

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

21 consider evidence of any violations of an order of

22 protection:

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

24 of pretrial release on an underlying criminal charge

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

26 Procedure of 1963;

10400SB3044ham001

- 45 -

LRB104 17940 LNS 38176 a

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

2 conditional discharge or supervision, pursuant to

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

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

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

6 Code of Corrections.

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

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

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

10 any person convicted of or placed on supervision for a

11 violation of an order of protection. The additional fine

12 shall be imposed for each violation of this Section.

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

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

15 1, 2028.".