Rep. Stephanie A. Kifowit
Filed: 3/31/2022
 
 


 




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1
AMENDMENT TO SENATE BILL 257




2 AMENDMENT NO. ______. Amend Senate Bill 257, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Firearm Owners Identification Card Act is 
6amended by changing Section 1.1 as follows:



7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

8 Sec. 1.1. For purposes of this Act: 

9 "Addicted to narcotics" means a person who has been: 
10  (1) convicted of an offense involving the use or 
11 possession of cannabis, a controlled substance, or 
12 methamphetamine within the past year; or 
13  (2) determined by the Illinois State Police to be 
14 addicted to narcotics based upon federal law or federal 
15 guidelines. 
16 "Addicted to narcotics" does not include possession or use 
 
 
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1of a prescribed controlled substance under the direction and 
2authority of a physician or other person authorized to 
3prescribe the controlled substance when the controlled 
4substance is used in the prescribed manner.
5 "Adjudicated as a person with a mental disability" means 
6the person is the subject of a determination by a court, board, 
7commission or other lawful authority that the person, as a 
8result of marked subnormal intelligence, or mental illness, 
9mental impairment, incompetency, condition, or disease:
10  (1) presents a clear and present danger to himself, 
11 herself, or to others;
12  (2) lacks the mental capacity to manage his or her own 
13 affairs or is adjudicated a person with a disability as 
14 defined in Section 11a-2 of the Probate Act of 1975;
15  (3) is not guilty in a criminal case by reason of 
16 insanity, mental disease or defect;
17  (3.5) is guilty but mentally ill, as provided in 
18 Section 5-2-6 of the Unified Code of Corrections; 
19  (4) is incompetent to stand trial in a criminal case; 
20  (5) is not guilty by reason of lack of mental 
21 responsibility under Articles 50a and 72b of the Uniform 
22 Code of Military Justice, 10 U.S.C. 850a, 876b;

23  (6) is a sexually violent person under subsection (f) 
24 of Section 5 of the Sexually Violent Persons Commitment 
25 Act; 
26  (7) is a sexually dangerous person under the Sexually 
 
 
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1 Dangerous Persons Act; 
2  (8) is unfit to stand trial under the Juvenile Court 
3 Act of 1987; 
4  (9) is not guilty by reason of insanity under the 
5 Juvenile Court Act of 1987; 
6  (10) is subject to involuntary admission as an 
7 inpatient as defined in Section 1-119 of the Mental Health 
8 and Developmental Disabilities Code; 
9  (11) is subject to involuntary admission as an 
10 outpatient as defined in Section 1-119.1 of the Mental 
11 Health and Developmental Disabilities Code; 
12  (12) is subject to judicial admission as set forth in 
13 Section 4-500 of the Mental Health and Developmental 
14 Disabilities Code; or 
15  (13) is subject to the provisions of the Interstate 
16 Agreements on Sexually Dangerous Persons Act. 
17 "Clear and present danger" means a person who:
18  (1) communicates a serious threat of physical violence 
19 against a reasonably identifiable victim or poses a clear 
20 and imminent risk of serious physical injury to himself, 
21 herself, or another person as determined by a physician, 
22 clinical psychologist, or qualified examiner; or
23  (2) demonstrates threatening physical or verbal 
24 behavior, such as violent, suicidal, or assaultive 
25 threats, actions, or other behavior, as determined by a 
26 physician, clinical psychologist, qualified examiner, 
 
 
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1 school administrator, or law enforcement official.
2 "Clinical psychologist" has the meaning provided in 
3Section 1-103 of the Mental Health and Developmental 
4Disabilities Code.
5 "Controlled substance" means a controlled substance or 
6controlled substance analog as defined in the Illinois 
7Controlled Substances Act. 
8 "Counterfeit" means to copy or imitate, without legal 
9authority, with
intent
to deceive.
10 "Federally licensed firearm dealer" means a person who is 
11licensed as a federal firearms dealer under Section 923 of the 
12federal Gun Control Act of 1968 (18 U.S.C. 923).


13 "Firearm" means any device, by
whatever name known, which 
14is designed to expel a projectile or projectiles
by the action 
15of an explosion, expansion of gas or escape of gas; excluding,

16however:

17  (1) any pneumatic gun, spring gun, paint ball gun, or 
18 B-B gun which
expels a single globular projectile not 
19 exceeding .18 inch in
diameter or which has a maximum 
20 muzzle velocity of less than 700 feet
per second;

21  (1.1) any pneumatic gun, spring gun, paint ball gun, 
22 or B-B gun which expels breakable paint balls containing 
23 washable marking colors; 
24  (2) any device used exclusively for signaling or 
25 safety and required or
recommended by the United States 
26 Coast Guard or the Interstate Commerce
Commission;

 
 
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1  (3) any device used exclusively for the firing of stud 
2 cartridges,
explosive rivets or similar industrial 
3 ammunition; and

4  (4) an antique firearm (other than a machine-gun) 
5 which, although
designed as a weapon, the Illinois State 
6 Police finds by reason of
the date of its manufacture, 
7 value, design, and other characteristics is
primarily a 
8 collector's item and is not likely to be used as a weapon.

9 "Firearm ammunition" means any self-contained cartridge or 
10shotgun
shell, by whatever name known, which is designed to be 
11used or adaptable to
use in a firearm; excluding, however:

12  (1) any ammunition exclusively designed for use with a 
13 device used
exclusively for signaling signalling or safety 
14 and required or recommended by the
United States Coast 
15 Guard or the Interstate Commerce Commission; and

16  (2) any ammunition designed exclusively for use with a 
17 stud or rivet
driver or other similar industrial 
18 ammunition.
19 "Gun show" means an event or function:
20  (1) at which the sale and transfer of firearms is the 
21 regular and normal course of business and where 50 or more 
22 firearms are displayed, offered, or exhibited for sale, 
23 transfer, or exchange; or
24  (2) at which not less than 10 gun show vendors 
25 display, offer, or exhibit for sale, sell, transfer, or 
26 exchange firearms.

 
 
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1 "Gun show" includes the entire premises provided for an 
2event or function, including parking areas for the event or 
3function, that is sponsored to facilitate the purchase, sale, 
4transfer, or exchange of firearms as described in this 
5Section.
Nothing in this definition shall be construed to 
6exclude a gun show held in conjunction with competitive 
7shooting events at the World Shooting Complex sanctioned by a 
8national governing body in which the sale or transfer of 
9firearms is authorized under subparagraph (5) of paragraph (g) 
10of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
11 Unless otherwise expressly stated, "gun show" does not 
12include training or safety classes, competitive shooting 
13events, such as rifle, shotgun, or handgun matches, trap, 
14skeet, or sporting clays shoots, dinners, banquets, raffles, 
15or
any other event where the sale or transfer of firearms is 
16not the primary course of business.
17 "Gun show promoter" means a person who organizes or 
18operates a gun show.
19 "Gun show vendor" means a person who exhibits, sells, 
20offers for sale, transfers, or exchanges any firearms at a gun 
21show, regardless of whether the person arranges with a gun 
22show promoter for a fixed location from which to exhibit, 
23sell, offer for sale, transfer, or exchange any firearm.
24 "Involuntarily admitted" has the meaning as prescribed in 
25Sections 1-119 and 1-119.1 of the Mental Health and 
26Developmental Disabilities Code. 
 
 
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1 "Mental health facility" means any licensed private 
2hospital or hospital affiliate, institution, or facility, or 
3part thereof, and any facility, or part thereof, operated by 
4the State or a political subdivision thereof which provides 
5provide treatment of persons with mental illness and includes 
6all hospitals, institutions, clinics, evaluation facilities, 
7mental health centers, colleges, universities, long-term care 
8facilities, and nursing homes, or parts thereof, which provide 
9treatment of persons with mental illness whether or not the 
10primary purpose is to provide treatment of persons with mental 
11illness. 
12 "National governing body" means a group of persons who 
13adopt rules and formulate policy on behalf of a national 
14firearm sporting organization. 
15 "Patient" means: 
16  (1) a person who is admitted as an inpatient or 
17 resident of a public or private mental health facility for 
18 mental health treatment under Chapter III of the Mental 
19 Health and Developmental Disabilities Code as an informal 
20 admission, a voluntary admission, a minor admission, an 
21 emergency admission, or an involuntary admission, unless 
22 the treatment was solely for an alcohol abuse disorder; or 
23  (2) a person who voluntarily or involuntarily receives 
24 mental health treatment as an out-patient or is otherwise 
25 provided services by a public or private mental health 
26 facility, and who poses a clear and present danger to 
 
 
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1 himself, herself, or to others. 
2 "Person with a developmental disability" means a person 
3with a disability which is attributable to any other condition 
4which results in impairment similar to that caused by an 
5intellectual disability and which requires services similar to 
6those required by persons with intellectual disabilities. The 
7disability must originate before the age of 18
years, be 
8expected to continue indefinitely, and constitute a 
9substantial disability. This disability results, in the 
10professional opinion of a physician, clinical psychologist, or 
11qualified examiner, in significant functional limitations in 3 
12or more of the following areas of major life activity:
13  (i) self-care;
14  (ii) receptive and expressive language;
15  (iii) learning;
16  (iv) mobility; or
17  (v) self-direction. 
18 "Person with an intellectual disability" means a person 
19with a significantly subaverage general intellectual 
20functioning which exists concurrently with impairment in 
21adaptive behavior and which originates before the age of 18 
22years. 
23 "Physician" has the meaning as defined in Section 1-120 of 
24the Mental Health and Developmental Disabilities Code.
25 "Protective order" means any orders of protection issued 
26under the Illinois Domestic Violence Act of 1986, stalking no 
 
 
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1contact orders issued under the Stalking No Contact Order Act, 
2civil no contact orders issued under the Civil No Contact 
3Order Act, and firearms restraining orders issued under the 
4Firearms Restraining Order Act or a substantially similar 
5order issued by the court of another state, tribe, or United 
6States territory or military tribunal.
7 "Qualified examiner" has the meaning provided in Section 
81-122 of the Mental Health and Developmental Disabilities 
9Code.
10 "Sanctioned competitive shooting event" means a shooting 
11contest officially recognized by a national or state shooting 
12sport association, and includes any sight-in or practice 
13conducted in conjunction with the event.


14 "School administrator" means the person required to report 
15under the School Administrator Reporting of Mental Health 
16Clear and Present Danger Determinations Law.
17 "Stun gun or taser" has the meaning ascribed to it in 
18Section 24-1 of the Criminal Code of 2012.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
20revised 10-6-21.)

21 Section 10. The Code of Criminal Procedure of 1963 is 
22amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as 
23follows:

24 (725 ILCS 5/112A-4.5)
 
 
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1 Sec. 112A-4.5. Who may file petition.
2 (a) A petition for a domestic violence order of protection 
3may be filed:
4  (1) by a named victim
who
has been abused by a family 
5 or household member;
6  (2) by any person or by the State's Attorney on behalf

7 of a named victim who is a minor child or an adult who has 
8 been
abused by a family or household
member and who, 
9 because of age, health, disability, or inaccessibility,

10 cannot file the petition; 
11  (3) by a State's Attorney on behalf of any minor child 
12 or dependent adult in the care of the named victim, if the 
13 named victim does not file a petition or request the 
14 State's Attorney file the petition; or
15  (4) any of the following persons if the person is 
16 abused by a family or household member of a child:
17   (i) a foster parent of that child if the child has 
18 been placed in the foster parent's home by the 
19 Department of Children and Family Services or by 
20 another state's public child welfare agency;
21   (ii) a legally appointed guardian or legally 
22 appointed custodian of that child;
23   (iii) an adoptive parent of that child;
24   (iv) a prospective adoptive parent of that child 
25 if the child has been placed in the prospective 
26 adoptive parent's home pursuant to the Adoption Act or 
 
 
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1 pursuant to another state's law.
2 For purposes of this paragraph (a)(4), individuals who 
3would have been considered "family or household members" of 
4the child under paragraph (3) of subsection (b) of Section 
5112A-3 before a termination of the parental rights with 
6respect to the child continue to meet the definition of 
7"family or household members" of the child.
8 (b) A petition for a civil no contact order may be filed:
9  (1) by any person who is a named victim of 
10 non-consensual
sexual conduct or non-consensual sexual 
11 penetration, including a single incident of non-consensual 
12 sexual conduct or non-consensual sexual penetration;
13  (2) by a person or by the State's Attorney on behalf of 
14 a named victim who is a minor child or an
adult who is a 
15 victim of non-consensual sexual conduct or non-consensual 
16 sexual penetration but, because of age, disability, 
17 health, or inaccessibility, cannot file the petition; or
18  (3) by a State's Attorney on behalf of any minor child 
19 who is a family or household member of the named victim, if 
20 the named victim does not file a petition or request the 
21 State's Attorney file the petition;
22  (4) by a service member of the Illinois National Guard 
23 or any reserve military component serving within the State 
24 who is a victim of non-consensual sexual conduct who has 
25 also received a Military Protective Order; or
26  (5) by the Staff Judge Advocate of the Illinois 
 
 
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1 National Guard or any reserve military component serving 
2 in the State on behalf of a named victim who is a victim of 
3 non-consensual sexual conduct who has also received a 
4 Military Protective Order.
5 (c) A petition for a stalking no contact order may be 
6filed:
7  (1) by any person who is a named victim of stalking;
8  (2) by a person or by the State's Attorney on behalf of 
9 a named victim who is a minor child or an
adult who is a 
10 victim of stalking but, because of age, disability, 
11 health, or inaccessibility, cannot file the petition; or
12  (3) by a State's Attorney on behalf of any minor child 
13 who is a family or household member of the named victim, if 
14 the named victim does not file a petition or request the 
15 State's Attorney file the petition ;
16  (4) by a service member of the Illinois National Guard 
17 or any reserve military component serving within the State 
18 who is a victim of non-consensual sexual conduct who has 
19 also received a Military Protective Order; or
20  (5) by the Staff Judge Advocate of the Illinois 
21 National Guard or any reserve military component serving 
22 in the State on behalf of a named victim who is a victim of 
23 non-consensual sexual conduct who has also received a 
24 Military Protective Order. 
25 (d) The State's Attorney shall file a petition on behalf 
26of any person who may file a petition under subsections (a), 
 
 
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1(b), or (c) of this Section if the person requests the State's 
2Attorney to file a petition on the person's behalf, unless the 
3State's Attorney has a good faith basis to delay filing the 
4petition. The State's Attorney shall inform the person that 
5the State's Attorney will not be filing the petition at that 
6time and that the person may file a petition or may retain an 
7attorney to file the petition. The State's Attorney may file 
8the petition at a later date. 
9 (d-5) (1) A person eligible to file a petition under 
10subsection (a), (b), or (c) of this Section may retain an 
11attorney to represent the petitioner on the petitioner's 
12request for a protective order. The attorney's representation 
13is limited to matters related to the petition and relief 
14authorized under this Article.
15 (2) Advocates shall be allowed to accompany the petitioner 
16and confer with the victim, unless otherwise directed by the 
17court. Advocates are not engaged in the unauthorized practice 
18of law when providing assistance to the petitioner. 
19 (e) Any petition properly
filed under this Article may 
20seek
protection for any additional persons protected by this 
21Article. 

22(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; 
23100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)



24 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)


25 (Text of Section before amendment by P.A. 101-652)
 
 
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1 Sec. 112A-23. Enforcement of protective orders. 

2 (a) When violation is crime. A violation of any protective 
3order,
whether issued in a civil, quasi-criminal proceeding or 
4by a military tribunal, shall be
enforced by a
criminal court 
5when:

6  (1) The respondent commits the crime of violation of a 
7 domestic violence order of
protection pursuant to Section 
8 12-3.4 or 12-30 of the Criminal Code of
1961 or the 
9 Criminal Code of 2012, by
having knowingly violated:

10   (i) remedies described in paragraph paragraphs 
11 (1), (2), (3), (14),
or
(14.5)
of subsection (b) of 
12 Section 112A-14 of this Code,

13   (ii) a remedy, which is substantially similar to 
14 the remedies
authorized
under paragraph paragraphs 
15 (1), (2), (3), (14), or (14.5) of subsection (b) of 
16 Section 214
of the Illinois Domestic Violence Act of 
17 1986, in a valid order of protection,
which is 
18 authorized under the laws of another state, tribe, or 
19 United States
territory, or

20   (iii) any other remedy when the act
constitutes a 
21 crime against the protected parties as defined by the 
22 Criminal
Code of 1961 or the Criminal Code of 2012.

23  Prosecution for a violation of a domestic violence 
24 order of protection shall
not bar concurrent prosecution 
25 for any other crime, including any crime
that may have 
26 been committed at the time of the violation of the 
 
 
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1 domestic violence order
of protection; or

2  (2) The respondent commits the crime of child 
3 abduction pursuant
to Section 10-5 of the Criminal Code of 
4 1961 or the Criminal Code of 2012, by having knowingly 
5 violated:

6   (i) remedies described in paragraph paragraphs 
7 (5), (6), or (8) of subsection
(b)
of
Section 112A-14 
8 of this Code, or

9   (ii) a remedy, which is substantially similar to 
10 the remedies
authorized
under paragraph paragraphs 
11 (1),
(5), (6), or (8) of subsection (b) of Section 214

12 of the Illinois Domestic Violence Act of 1986, in a 
13 valid domestic violence order of protection,
which is 
14 authorized under the laws of another state, tribe, or 
15 United States
territory.

16  (3) The respondent commits the crime of violation of a 
17 civil no contact order when the respondent violates 
18 Section 12-3.8 of the Criminal Code of 2012.
Prosecution 
19 for a violation of a civil no contact order shall not bar 
20 concurrent prosecution for any other crime, including any 
21 crime that may have been committed at the time of the 
22 violation of the civil no contact order.
23  (4) The respondent commits the crime of violation of a 
24 stalking no contact order when the respondent violates 
25 Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
26 for a violation of a stalking no contact order shall not 
 
 
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1 bar concurrent prosecution for any other crime, including 
2 any crime that may have been committed at the time of the 
3 violation of the stalking no contact order. 
4 (b) When violation is contempt of court. A violation of 
5any valid protective order, whether issued in a civil or 
6criminal
proceeding or by a military tribunal, may be enforced 
7through civil or criminal contempt procedures,
as appropriate, 
8by any court with jurisdiction, regardless where the act or

9acts which violated the protective order were committed, to 
10the extent
consistent with the venue provisions of this 
11Article. Nothing in this
Article shall preclude any Illinois 
12court from enforcing any valid protective order issued in 
13another state. Illinois courts may enforce protective orders 
14through both criminal prosecution and contempt proceedings,

15unless the action which is second in time is barred by 
16collateral estoppel
or the constitutional prohibition against 
17double 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. Bond 
26 shall be set unless
specifically denied in writing.

 
 
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1  (2) A petition for a rule to show cause for violation 
2 of a protective order shall be treated as an expedited 
3 proceeding.

4 (c) Violation of custody, allocation of parental 
5responsibility, or support orders. A violation of remedies

6described in paragraph paragraphs (5), (6), (8), or (9) of 
7subsection (b) of Section
112A-14 of this Code may be enforced 
8by any remedy provided by Section 607.5 of
the Illinois 
9Marriage and Dissolution of Marriage Act. The court may

10enforce any order for support issued under paragraph (12) of 
11subsection (b)
of Section 112A-14 of this Code in the manner 
12provided for under Parts
V and VII of the
Illinois Marriage and 
13Dissolution of Marriage Act.

14 (d) Actual knowledge. A protective order may be
enforced 
15pursuant to this Section if the respondent violates the order

16after the respondent has actual knowledge of its contents
as 
17shown through one of the following means:

18  (1) (Blank).

19  (2) (Blank).

20  (3) By service of a protective order under subsection 
21 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

22  (4) By other means demonstrating actual knowledge of 
23 the contents of the order.

24 (e) The enforcement of a protective order in civil or 
25criminal court
shall not be affected by either of the 
26following:

 
 
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1  (1) The existence of a separate, correlative order 
2 entered under Section
112A-15 of this Code.

3  (2) Any finding or order entered in a conjoined 
4 criminal proceeding.

5 (e-5) If a civil no contact order entered under subsection 
6(6) of Section 112A-20 of the Code of Criminal Procedure of 
71963 conflicts with an order issued pursuant to the Juvenile 
8Court Act of 1987 or the Illinois Marriage and Dissolution of 
9Marriage Act, the conflicting order issued under subsection 
10(6) of Section 112A-20 of the Code of Criminal Procedure of 
111963 shall be void.
12 (f) Circumstances. The court, when determining whether or 
13not a
violation of a protective order has occurred, shall not 
14require
physical manifestations of abuse on the person of the 
15victim.

16 (g) Penalties.

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

18 subsection (g), where the court finds the commission of a 
19 crime or contempt of
court under subsection subsections 
20 (a) or (b) of this Section, the penalty shall be
the 
21 penalty that generally applies in such criminal or 
22 contempt
proceedings, and may include one or more of the 
23 following: incarceration,
payment of restitution, a fine, 
24 payment of attorneys' fees and costs, or
community 
25 service.

26  (2) The court shall hear and take into account 
 
 
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1 evidence of any factors
in aggravation or mitigation 
2 before deciding an appropriate penalty under
paragraph (1) 
3 of this subsection (g).

4  (3) To the extent permitted by law, the court is 
5 encouraged to:

6   (i) increase the penalty for the knowing violation 
7 of
any protective order over any penalty previously 
8 imposed by any court
for respondent's violation of any 
9 protective order or penal statute
involving petitioner 
10 as victim and respondent as defendant;

11   (ii) impose a minimum penalty of 24 hours 
12 imprisonment for respondent's
first violation of any 
13 protective order; and

14   (iii) impose a minimum penalty of 48 hours 
15 imprisonment for
respondent's second or subsequent 
16 violation of a protective order 
17 unless the court explicitly finds that an increased 
18 penalty or that
period of imprisonment would be manifestly 
19 unjust.

20  (4) In addition to any other penalties imposed for a 
21 violation of a protective order, a criminal court may 
22 consider evidence of any
violations of a protective order:

23   (i) to increase, revoke, or modify the bail bond 
24 on an underlying
criminal charge pursuant to Section 
25 110-6 of this Code;

26   (ii) to revoke or modify an order of probation, 
 
 
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1 conditional discharge, or
supervision, pursuant to 
2 Section 5-6-4 of the Unified Code of Corrections;

3   (iii) to revoke or modify a sentence of periodic 
4 imprisonment, pursuant
to Section 5-7-2 of the Unified 
5 Code of Corrections.

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

7 (Text of Section after amendment by P.A. 101-652)
8 Sec. 112A-23. Enforcement of protective orders. 

9 (a) When violation is crime. A violation of any protective 
10order,
whether issued in a civil, quasi-criminal proceeding or 
11by a military tribunal, shall be
enforced by a
criminal court 
12when:

13  (1) The respondent commits the crime of violation of a 
14 domestic violence order of
protection pursuant to Section 
15 12-3.4 or 12-30 of the Criminal Code of
1961 or the 
16 Criminal Code of 2012, by
having knowingly violated:

17   (i) remedies described in paragraph paragraphs 
18 (1), (2), (3), (14),
or
(14.5)
of subsection (b) of 
19 Section 112A-14 of this Code,

20   (ii) a remedy, which is substantially similar to 
21 the remedies
authorized
under paragraph paragraphs 
22 (1), (2), (3), (14), or (14.5) of subsection (b) of 
23 Section 214
of the Illinois Domestic Violence Act of 
24 1986, in a valid order of protection,
which is 
25 authorized under the laws of another state, tribe, or 
 
 
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1 United States
territory, or

2   (iii) any other remedy when the act
constitutes a 
3 crime against the protected parties as defined by the 
4 Criminal
Code of 1961 or the Criminal Code of 2012.

5  Prosecution for a violation of a domestic violence 
6 order of protection shall
not bar concurrent prosecution 
7 for any other crime, including any crime
that may have 
8 been committed at the time of the violation of the 
9 domestic violence order
of protection; or

10  (2) The respondent commits the crime of child 
11 abduction pursuant
to Section 10-5 of the Criminal Code of 
12 1961 or the Criminal Code of 2012, by having knowingly 
13 violated:

14   (i) remedies described in paragraph paragraphs 
15 (5), (6), or (8) of subsection
(b)
of
Section 112A-14 
16 of this Code, or

17   (ii) a remedy, which is substantially similar to 
18 the remedies
authorized
under paragraph paragraphs 
19 (1),
(5), (6), or (8) of subsection (b) of Section 214

20 of the Illinois Domestic Violence Act of 1986, in a 
21 valid domestic violence order of protection,
which is 
22 authorized under the laws of another state, tribe, or 
23 United States
territory.

24  (3) The respondent commits the crime of violation of a 
25 civil no contact order when the respondent violates 
26 Section 12-3.8 of the Criminal Code of 2012.
Prosecution 
 
 
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1 for a violation of a civil no contact order shall not bar 
2 concurrent prosecution for any other crime, including any 
3 crime that may have been committed at the time of the 
4 violation of the civil no contact order.
5  (4) The respondent commits the crime of violation of a 
6 stalking no contact order when the respondent violates 
7 Section 12-3.9 of the Criminal Code of 2012.
Prosecution 
8 for a violation of a stalking no contact order shall not 
9 bar concurrent prosecution for any other crime, including 
10 any crime that may have been committed at the time of the 
11 violation of the stalking no contact order. 
12 (b) When violation is contempt of court. A violation of 
13any valid protective order, whether issued in a civil or 
14criminal
proceeding or by a military tribunal, may be enforced 
15through civil or criminal contempt procedures,
as appropriate, 
16by any court with jurisdiction, regardless where the act or

17acts which violated the protective order were committed, to 
18the extent
consistent with the venue provisions of this 
19Article. Nothing in this
Article shall preclude any Illinois 
20court from enforcing any valid protective order issued in 
21another state. Illinois courts may enforce protective orders 
22through both criminal prosecution and contempt proceedings,

23unless the action which is second in time is barred by 
24collateral estoppel
or the constitutional prohibition against 
25double jeopardy.

26  (1) In a contempt proceeding where the petition for a 
 
 
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1 rule to show
cause sets forth facts evidencing an 
2 immediate danger that the
respondent will flee the 
3 jurisdiction, conceal a child, or inflict physical
abuse 
4 on the petitioner or minor children or on dependent adults 
5 in
petitioner's care, the court may order the
attachment 
6 of the respondent without prior service of the rule to 
7 show
cause or the petition for a rule to show cause. Bond 
8 shall be set unless
specifically denied in writing.

9  (2) A petition for a rule to show cause for violation 
10 of a protective order shall be treated as an expedited 
11 proceeding.

12 (c) Violation of custody, allocation of parental 
13responsibility, or support orders. A violation of remedies

14described in paragraph paragraphs (5), (6), (8), or (9) of 
15subsection (b) of Section
112A-14 of this Code may be enforced 
16by any remedy provided by Section 607.5 of
the Illinois 
17Marriage and Dissolution of Marriage Act. The court may

18enforce any order for support issued under paragraph (12) of 
19subsection (b)
of Section 112A-14 of this Code in the manner 
20provided for under Parts
V and VII of the
Illinois Marriage and 
21Dissolution of Marriage Act.

22 (d) Actual knowledge. A protective order may be
enforced 
23pursuant to this Section if the respondent violates the order

24after the respondent has actual knowledge of its contents
as 
25shown through one of the following means:

26  (1) (Blank).

 
 
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1  (2) (Blank).

2  (3) By service of a protective order under subsection 
3 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

4  (4) By other means demonstrating actual knowledge of 
5 the contents of the order.

6 (e) The enforcement of a protective order in civil or 
7criminal court
shall not be affected by either of the 
8following:

9  (1) The existence of a separate, correlative order 
10 entered under Section
112A-15 of this Code.

11  (2) Any finding or order entered in a conjoined 
12 criminal proceeding.

13 (e-5) If a civil no contact order entered under subsection 
14(6) of Section 112A-20 of the Code of Criminal Procedure of 
151963 conflicts with an order issued pursuant to the Juvenile 
16Court Act of 1987 or the Illinois Marriage and Dissolution of 
17Marriage Act, the conflicting order issued under subsection 
18(6) of Section 112A-20 of the Code of Criminal Procedure of 
191963 shall be void.
20 (f) Circumstances. The court, when determining whether or 
21not a
violation of a protective order has occurred, shall not 
22require
physical manifestations of abuse on the person of the 
23victim.

24 (g) Penalties.

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

26 subsection (g), where the court finds the commission of a 
 
 
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1 crime or contempt of
court under subsection subsections 
2 (a) or (b) of this Section, the penalty shall be
the 
3 penalty that generally applies in such criminal or 
4 contempt
proceedings, and may include one or more of the 
5 following: incarceration,
payment of restitution, a fine, 
6 payment of attorneys' fees and costs, or
community 
7 service.

8  (2) The court shall hear and take into account 
9 evidence of any factors
in aggravation or mitigation 
10 before deciding an appropriate penalty under
paragraph (1) 
11 of this subsection (g).

12  (3) To the extent permitted by law, the court is 
13 encouraged to:

14   (i) increase the penalty for the knowing violation 
15 of
any protective order over any penalty previously 
16 imposed by any court
for respondent's violation of any 
17 protective order or penal statute
involving petitioner 
18 as victim and respondent as defendant;

19   (ii) impose a minimum penalty of 24 hours 
20 imprisonment for respondent's
first violation of any 
21 protective order; and

22   (iii) impose a minimum penalty of 48 hours 
23 imprisonment for
respondent's second or subsequent 
24 violation of a protective order 
25 unless the court explicitly finds that an increased 
26 penalty or that
period of imprisonment would be manifestly 
 
 
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1 unjust.

2  (4) In addition to any other penalties imposed for a 
3 violation of a protective order, a criminal court may 
4 consider evidence of any
violations of a protective order:

5   (i) to modify the conditions of pretrial release 
6 on an underlying
criminal charge pursuant to Section 
7 110-6 of this Code;

8   (ii) to revoke or modify an order of probation, 
9 conditional discharge, or
supervision, pursuant to 
10 Section 5-6-4 of the Unified Code of Corrections;

11   (iii) to revoke or modify a sentence of periodic 
12 imprisonment, pursuant
to Section 5-7-2 of the Unified 
13 Code of Corrections.

14(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; 
15102-558, eff. 8-20-21; revised 10-12-21.)




16 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)



17 Sec. 112A-28. Data maintenance by law enforcement 
18agencies. 


19 (a) All sheriffs shall furnish to the Illinois State 
20Police, daily, in
the form and detail the Illinois State 
21Police Department requires, copies of any recorded protective 
22orders issued by the court, and any foreign protective orders, 
23including, but not limited to, an order of protection issued 
24by a military tribunal, filed by
the clerk of the court, and 
25transmitted to the sheriff by the clerk of the
court. Each 
 
 
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1protective order shall be entered in the Law Enforcement 
2Agencies
Data System on the same day it is issued by the court.

3 (b) The Illinois State Police shall maintain a complete 
4and systematic
record and index of all valid and recorded 
5protective orders issued or
filed under this Act. The data 
6shall be used to inform all dispatchers
and law enforcement 
7officers at the scene of an alleged incident of abuse or

8violation of a protective order of any recorded prior incident 
9of abuse
involving the abused party and the effective dates 
10and terms of any recorded
protective order.

11 (c) The data, records and transmittals required under this 
12Section shall
pertain to:
13  (1) any valid emergency, interim or plenary domestic 
14 violence order of protection, civil no contact or stalking 
15 no contact order
issued in a civil proceeding; and
16  (2) any valid ex parte or final protective order 
17 issued in a criminal proceeding or authorized under the 
18 laws
of another state, tribe, or United States territory.

19(Source: P.A. 102-538, eff. 8-20-21.)


20 Section 15. The Illinois Domestic Violence Act of 1986 is 
21amended by changing Sections 222.5, 223, and 302 as follows:




22 (750 ILCS 60/222.5)



23 Sec. 222.5. Filing of an order of protection issued in 
24another state or other jurisdiction. 

 
 
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1 (a) A person entitled to protection under an order of 
2protection issued by
the court of another state, tribe, or 
3United States territory or military tribunal may file a

4certified copy of the order of protection with the clerk of the 
5court in a
judicial circuit in which the person believes that 
6enforcement may be
necessary.
7 (a-5) The Illinois National Guard shall file a certified 
8copy of any military order of protection with the clerk of the 
9court in a judicial circuit in which the person entitled to 
10protection resides or if the person entitled to protection is 
11not a State resident, in a judicial circuit in which it is 
12believed that enforcement may be necessary. 

13 (b) The clerk shall:


14  (1) treat the foreign order of protection, including, 
15 but not limited to, an order of protection issued by a 
16 military tribunal, in the same manner as a judgment
of the 
17 circuit court for any county of this State in accordance 
18 with the
provisions of the Uniform Enforcement of Foreign 
19 Judgments Act, except that the
clerk shall not mail notice 
20 of the filing of the foreign order to the
respondent named 
21 in the order; and


22  (2) on the same day that a foreign
order of protection 
23 is filed, file a certified copy of that order with the

24 sheriff or other law enforcement officials charged with 
25 maintaining Illinois State Police records as set forth in 
26 Section 222 of this Act.

 
 
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1 (c) Neither residence in this State nor filing of a 
2foreign order of
protection, including, but not limited to, an 
3order of protection issued by a military tribunal, shall be 
4required for enforcement of the order by this State.
Failure 
5to file the foreign order shall not be an impediment to its 
6treatment
in all respects as an Illinois order of protection.

7 (d) The clerk shall not charge a fee to file a foreign 
8order of protection
under this Section.

9 (e) The sheriff shall inform the Illinois State Police as 
10set forth in
Section 302 of this Act.

11(Source: P.A. 102-538, eff. 8-20-21.)




12 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)


13 (Text of Section before amendment by P.A. 101-652)

14 Sec. 223. Enforcement of orders of protection. 

15 (a) When violation is crime. A violation of any order of 
16protection,
whether issued in a civil or criminal proceeding 
17or by a military tribunal, shall be enforced
by a
criminal 
18court when:

19  (1) The respondent commits the crime of violation of 
20 an order of
protection pursuant to Section 12-3.4 or 12-30 
21 of the Criminal Code of
1961 or the Criminal Code of 2012, 
22 by
having knowingly violated:

23   (i) remedies described in paragraphs (1), (2), 
24 (3), (14),
or (14.5) of
subsection (b) of Section 214 
25 of this Act; or

 
 
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1   (ii) a remedy, which is substantially similar to 
2 the remedies
authorized under paragraphs (1), (2), 
3 (3), (14), and (14.5) of subsection (b)
of Section 214 
4 of this Act, in a valid order of protection which is 
5 authorized
under the laws of another state, tribe, or 
6 United States territory; or

7   (iii) any other remedy when the act
constitutes a 
8 crime against the protected parties as defined by the

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

10  Prosecution for a violation of an order of
protection 
11 shall not bar concurrent prosecution for any other crime,

12 including any crime that may have been committed at the 
13 time of the
violation of the order of protection; or

14  (2) The respondent commits the crime of child 
15 abduction pursuant
to Section 10-5 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, by having knowingly 
17 violated:

18   (i) remedies described in paragraphs (5), (6) or 
19 (8) of subsection
(b) of
Section 214 of this Act; or

20   (ii) a remedy, which is substantially similar to 
21 the remedies
authorized under paragraphs (5), (6), or 
22 (8) of subsection (b) of Section 214
of this Act, in a 
23 valid order of protection which is authorized under 
24 the laws
of another state, tribe, or United States 
25 territory.

26 (b) When violation is contempt of court. A violation of 
 
 
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1any valid
Illinois order of protection, whether issued in a 
2civil or criminal
proceeding or by a military tribunal, may be 
3enforced through civil or criminal contempt procedures,
as 
4appropriate, by any court with jurisdiction, regardless where 
5the act or
acts which violated the order of protection were 
6committed, to the extent
consistent with the venue provisions 
7of this Act. Nothing in this Act
shall preclude any Illinois 
8court from enforcing any valid order of
protection issued in 
9another state. Illinois courts may enforce orders of

10protection through both criminal prosecution and contempt 
11proceedings,
unless the action which is second in time is 
12barred by collateral estoppel
or the constitutional 
13prohibition against double jeopardy.

14  (1) In a contempt proceeding where the petition for a 
15 rule to show
cause sets forth facts evidencing an 
16 immediate danger that the
respondent will flee the 
17 jurisdiction, conceal a child, or inflict physical
abuse 
18 on the petitioner or minor children or on dependent adults 
19 in
petitioner's care, the court may order the
attachment 
20 of the respondent without prior service of the rule to 
21 show
cause or the petition for a rule to show cause. Bond 
22 shall be set unless
specifically denied in writing.

23  (2) A petition for a rule to show cause for violation 
24 of an order of
protection shall be treated as an expedited 
25 proceeding.

26 (b-1) The court shall not hold a school district or 
 
 
10200SB0257ham002- 32 -LRB102 04087 LNS 38310 a


1private or non-public school or any of its employees in civil 
2or criminal contempt unless the school district or private or 
3non-public school has been allowed to intervene.
4 (b-2) The court may hold the parents, guardian, or legal 
5custodian of a minor respondent in civil or criminal contempt 
6for a violation of any provision of any order entered under 
7this Act for conduct of the minor respondent in violation of 
8this Act if the
parents, guardian, or legal custodian 
9directed, encouraged, or assisted the respondent minor in such 
10conduct. 
11 (c) Violation of custody or support orders or temporary or 
12final judgments allocating parental responsibilities. A 
13violation of remedies
described in paragraphs (5), (6), (8), 
14or (9) of subsection (b) of Section
214 of this Act may be 
15enforced by any remedy provided by Section 607.5 of
the 
16Illinois Marriage and Dissolution of Marriage Act. The court 
17may
enforce any order for support issued under paragraph (12) 
18of subsection (b)
of Section 214 in the manner provided for 
19under Parts V and VII of the
Illinois Marriage and Dissolution 
20of Marriage Act.

21 (d) Actual knowledge. An order of protection may be 
22enforced pursuant to
this Section if the respondent violates 
23the order after the
respondent has
actual knowledge of its 
24contents as shown through one of the following means:

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

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

 
 
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1  (3) By service of an order of protection under Section 
2 222.

3  (4) By other means demonstrating actual knowledge of 
4 the contents of the
order.

5 (e) The enforcement of an order of protection in civil or 
6criminal court
shall not be affected by either of the 
7following:

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 
13not a
violation of an order of protection has occurred, shall 
14not require
physical manifestations of abuse on the person of 
15the 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 
 
 
10200SB0257ham002- 34 -LRB102 04087 LNS 38310 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 bail bond on 
24 an underlying
criminal charge pursuant to Section 
25 110-6 of the Code of Criminal Procedure
of 1963;

26   (ii) to revoke or modify an order of probation, 
 
 
10200SB0257ham002- 35 -LRB102 04087 LNS 38310 a


1 conditional discharge or
supervision, pursuant to 
2 Section 5-6-4 of the Unified Code of Corrections;

3   (iii) to revoke or modify a sentence of periodic 
4 imprisonment,
pursuant to Section 5-7-2 of the Unified 
5 Code of Corrections.

6  (5) In addition to any other penalties, the court 
7 shall impose an
additional fine of $20 as authorized by 
8 Section 5-9-1.11 of the Unified Code of
Corrections upon 
9 any person convicted of or placed on supervision for a

10 violation of an order of protection.
The additional fine 
11 shall be imposed for each violation of this Section.

12(Source: P.A. 99-90, eff. 1-1-16.)


13 (Text of Section after amendment by P.A. 101-652)
14 Sec. 223. Enforcement of orders of protection. 

15 (a) When violation is crime. A violation of any order of 
16protection,
whether issued in a civil or criminal proceeding 
17or by a military tribunal, shall be enforced
by a
criminal 
18court when:

19  (1) The respondent commits the crime of violation of 
20 an order of
protection pursuant to Section 12-3.4 or 12-30 
21 of the Criminal Code of
1961 or the Criminal Code of 2012, 
22 by
having knowingly violated:

23   (i) remedies described in paragraphs (1), (2), 
24 (3), (14),
or (14.5) of
subsection (b) of Section 214 
25 of this Act; or

 
 
10200SB0257ham002- 36 -LRB102 04087 LNS 38310 a


1   (ii) a remedy, which is substantially similar to 
2 the remedies
authorized under paragraphs (1), (2), 
3 (3), (14), and (14.5) of subsection (b)
of Section 214 
4 of this Act, in a valid order of protection which is 
5 authorized
under the laws of another state, tribe, or 
6 United States territory; or

7   (iii) any other remedy when the act
constitutes a 
8 crime against the protected parties as defined by the

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

10  Prosecution for a violation of an order of
protection 
11 shall not bar concurrent prosecution for any other crime,

12 including any crime that may have been committed at the 
13 time of the
violation of the order of protection; or

14  (2) The respondent commits the crime of child 
15 abduction pursuant
to Section 10-5 of the Criminal Code of 
16 1961 or the Criminal Code of 2012, by having knowingly 
17 violated:

18   (i) remedies described in paragraphs (5), (6) or 
19 (8) of subsection
(b) of
Section 214 of this Act; or

20   (ii) a remedy, which is substantially similar to 
21 the remedies
authorized under paragraphs (5), (6), or 
22 (8) of subsection (b) of Section 214
of this Act, in a 
23 valid order of protection which is authorized under 
24 the laws
of another state, tribe, or United States 
25 territory.

26 (b) When violation is contempt of court. A violation of 
 
 
10200SB0257ham002- 37 -LRB102 04087 LNS 38310 a


1any valid
Illinois order of protection, whether issued in a 
2civil or criminal
proceeding or by a military tribunal, may be 
3enforced through civil or criminal contempt procedures,
as 
4appropriate, by any court with jurisdiction, regardless where 
5the act or
acts which violated the order of protection were 
6committed, to the extent
consistent with the venue provisions 
7of this Act. Nothing in this Act
shall preclude any Illinois 
8court from enforcing any valid order of
protection issued in 
9another state. Illinois courts may enforce orders of

10protection through both criminal prosecution and contempt 
11proceedings,
unless the action which is second in time is 
12barred by collateral estoppel
or the constitutional 
13prohibition against double jeopardy.

14  (1) In a contempt proceeding where the petition for a 
15 rule to show
cause sets forth facts evidencing an 
16 immediate danger that the
respondent will flee the 
17 jurisdiction, conceal a child, or inflict physical
abuse 
18 on the petitioner or minor children or on dependent adults 
19 in
petitioner's care, the court may order the
attachment 
20 of the respondent without prior service of the rule to 
21 show
cause or the petition for a rule to show cause. 
22 Conditions of release shall be set unless
specifically 
23 denied in writing.

24  (2) A petition for a rule to show cause for violation 
25 of an order of
protection shall be treated as an expedited 
26 proceeding.

 
 
10200SB0257ham002- 38 -LRB102 04087 LNS 38310 a


1 (b-1) The court shall not hold a school district or 
2private or non-public school or any of its employees in civil 
3or criminal contempt unless the school district or private or 
4non-public school has been allowed to intervene.
5 (b-2) The court may hold the parents, guardian, or legal 
6custodian of a minor respondent in civil or criminal contempt 
7for a violation of any provision of any order entered under 
8this Act for conduct of the minor respondent in violation of 
9this Act if the
parents, guardian, or legal custodian 
10directed, encouraged, or assisted the respondent minor in such 
11conduct. 
12 (c) Violation of custody or support orders or temporary or 
13final judgments allocating parental responsibilities. A 
14violation of remedies
described in paragraphs (5), (6), (8), 
15or (9) of subsection (b) of Section
214 of this Act may be 
16enforced by any remedy provided by Section 607.5 of
the 
17Illinois Marriage and Dissolution of Marriage Act. The court 
18may
enforce any order for support issued under paragraph (12) 
19of subsection (b)
of Section 214 in the manner provided for 
20under Parts V and VII of the
Illinois Marriage and Dissolution 
21of Marriage Act.

22 (d) Actual knowledge. An order of protection may be 
23enforced pursuant to
this Section if the respondent violates 
24the order after the
respondent has
actual knowledge of its 
25contents as shown through one of the following means:

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

 
 
10200SB0257ham002- 39 -LRB102 04087 LNS 38310 a


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

2  (3) By service of an order of protection under Section 
3 222.

4  (4) By other means demonstrating actual knowledge of 
5 the contents of the
order.

6 (e) The enforcement of an order of protection in civil or 
7criminal court
shall not be affected by either of the 
8following:

9  (1) The existence of a separate, correlative order, 
10 entered under Section
215.

11  (2) Any finding or order entered in a conjoined 
12 criminal proceeding.

13 (f) Circumstances. The court, when determining whether or 
14not a
violation of an order of protection has occurred, shall 
15not require
physical manifestations of abuse on the person of 
16the victim.

17 (g) Penalties.

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

19 subsection, where the court finds the commission of a 
20 crime or contempt of
court under subsections (a) or (b) of 
21 this Section, the penalty shall be
the penalty that 
22 generally applies in such criminal or contempt

23 proceedings, and may include one or more of the following: 
24 incarceration,
payment of restitution, a fine, payment of 
25 attorneys' fees and costs, or
community service.

26  (2) The court shall hear and take into account 
 
 
10200SB0257ham002- 40 -LRB102 04087 LNS 38310 a


1 evidence of any factors
in aggravation or mitigation 
2 before deciding an appropriate penalty under
paragraph (1) 
3 of this subsection.

4  (3) To the extent permitted by law, the court is 
5 encouraged to:

6   (i) increase the penalty for the knowing violation 
7 of
any order of protection over any penalty previously 
8 imposed by any court
for respondent's violation of any 
9 order of protection or penal statute
involving 
10 petitioner as victim and respondent as defendant;

11   (ii) impose a minimum penalty of 24 hours 
12 imprisonment for respondent's
first violation of any 
13 order of protection; and

14   (iii) impose a minimum penalty of 48 hours 
15 imprisonment for
respondent's second or subsequent 
16 violation of an order of protection

17 unless the court explicitly finds that an increased 
18 penalty or that
period of imprisonment would be manifestly 
19 unjust.

20  (4) In addition to any other penalties imposed for a 
21 violation of an
order of protection, a criminal court may 
22 consider evidence of any
violations of an order of 
23 protection:

24   (i) to increase, revoke or modify the conditions 
25 of pretrial release on an underlying
criminal charge 
26 pursuant to Section 110-6 of the Code of Criminal 
 
 
10200SB0257ham002- 41 -LRB102 04087 LNS 38310 a


1 Procedure
of 1963;

2   (ii) to revoke or modify an order of probation, 
3 conditional discharge or
supervision, pursuant to 
4 Section 5-6-4 of the Unified Code of Corrections;

5   (iii) to revoke or modify a sentence of periodic 
6 imprisonment,
pursuant to Section 5-7-2 of the Unified 
7 Code of Corrections.

8  (5) In addition to any other penalties, the court 
9 shall impose an
additional fine of $20 as authorized by 
10 Section 5-9-1.11 of the Unified Code of
Corrections upon 
11 any person convicted of or placed on supervision for a

12 violation of an order of protection.
The additional fine 
13 shall be imposed for each violation of this Section.

14(Source: P.A. 101-652, eff. 1-1-23.)





15 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)



16 Sec. 302. Data maintenance by law enforcement agencies. 


17 (a) All sheriffs shall furnish to the Illinois State 
18Police, on the
same day as received, in the form and detail the 
19Illinois State Police Department requires, copies of
any 
20recorded emergency, interim, or plenary orders of protection 
21issued by the
court, and any foreign orders of protection, 
22including, but not limited to, an order of protection issued 
23by a military tribunal, filed by the clerk of the court,
and 
24transmitted to the sheriff by the clerk of the court pursuant 
25to subsection
(b) of Section 222 of this Act. Each order of 
 
 
10200SB0257ham002- 42 -LRB102 04087 LNS 38310 a


1protection shall be entered in
the Law Enforcement Agencies 
2Data System on the same day it
is issued by the court. If an 
3emergency order of protection was issued in
accordance with 
4subsection (c) of Section 217, the order shall be entered in

5the Law Enforcement Agencies Data System as soon as possible

6after receipt from the clerk.

7 (b) The Illinois State Police shall maintain a complete 
8and systematic
record and index of all valid and recorded 
9orders of protection issued pursuant
to this Act. The data 
10shall be used to inform all dispatchers and law
enforcement 
11officers at the scene of an alleged incident of abuse, 
12neglect,
or exploitation or violation of an order of 
13protection of any recorded prior
incident of abuse, neglect, 
14or exploitation involving the abused, neglected,
or exploited 
15party and the effective dates and terms of any recorded order 
16of
protection.

17 (c) The data, records and transmittals required under this 
18Section shall
pertain to any valid emergency, interim or 
19plenary order of protection,
whether issued in a civil or 
20criminal proceeding or authorized under the laws
of another 
21state, tribe, or United States territory.

22(Source: P.A. 102-538, eff. 8-20-21.)


23 Section 20. The Victims' Economic Security and Safety Act 
24is amended by changing Sections 20 and 30 as follows:



 
 
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1 (820 ILCS 180/20)


2 Sec. 20. Entitlement to leave due to domestic violence, 
3sexual violence, gender violence, or any other crime of 
4violence. 

5 (a) Leave requirement.

6  (1) Basis. An employee who is a victim of domestic 
7 violence, sexual violence, gender violence, or any
other 
8 crime of violence or an employee who has a family or 
9 household member who is a victim of
domestic violence, 
10 sexual violence, gender violence, or any other crime of

11 violence whose interests are not adverse to
the employee 
12 as it relates to the domestic violence, sexual violence, 
13 gender violence, or any other crime of violence may take 
14 unpaid
leave
from work if the employee or employee's 
15 family or household member is experiencing an incident of 
16 domestic violence, sexual violence, gender violence, or 
17 any other crime of violence or to address domestic 
18 violence, sexual violence, gender violence, or any other 
19 crime of violence by:

20   (A) seeking medical attention for, or recovering 
21 from,
physical or psychological injuries caused by 
22 domestic violence, sexual violence, gender violence, 
23 or any other crime of violence to the employee or the 
24 employee's family or
household member;

25   (B) obtaining services from a victim services 
26 organization
for the employee or the employee's family 
 
 
10200SB0257ham002- 44 -LRB102 04087 LNS 38310 a


1 or household
member;

2   (C) obtaining psychological or other counseling 
3 for the
employee or the employee's family or household 
4 member;

5   (D) participating in safety planning, temporarily 
6 or
permanently relocating, or taking other actions to 
7 increase
the safety of the employee or the employee's 
8 family or
household member from future domestic 
9 violence, sexual violence, gender violence, or any 
10 other crime of violence or
ensure economic security; 
11 or

12   (E) seeking legal assistance or remedies to ensure 
13 the
health and safety of the employee or the 
14 employee's family
or household member, including 
15 preparing for or
participating in any civil, or 
16 criminal, or military legal proceeding
related to or 
17 derived from domestic violence, sexual violence, 
18 gender violence, or any other crime of violence.

19  (2) Period. Subject to subsection (c), an employee 
20 working for an employer that employs
at least 50 employees 
21 shall be
entitled to a total of 12 workweeks of leave 
22 during any 12-month
period. Subject to subsection (c), an 
23 employee working for an employer that employs
at least 15 
24 but not more than 49 employees shall be entitled to a total 
25 of 8 workweeks of leave during any 12-month period. 
26 Subject to subsection (c), an employee working for an 
 
 
10200SB0257ham002- 45 -LRB102 04087 LNS 38310 a


1 employer that employs at least one but not more than 14 
2 employees shall be entitled to a total of 4 workweeks of 
3 leave during any 12-month period. The total number of 
4 workweeks to which an employee is entitled shall not 
5 decrease during the relevant 12-month period. This Act 
6 does not create a right for an employee to take
unpaid 
7 leave that exceeds the unpaid leave time allowed under, or

8 is in addition to the unpaid leave time permitted by, the 
9 federal
Family and Medical Leave Act of 1993 (29 U.S.C. 
10 2601 et seq.).

11  (3) Schedule. Leave described in paragraph (1) may be 
12 taken consecutively, intermittently, or on a reduced work 
13 schedule.

14 (b) Notice. The employee shall provide the employer with 
15at least 48 hours'
advance
notice of the employee's intention 
16to take the leave, unless providing
such notice is not 
17practicable. When an unscheduled absence occurs,
the employer 
18may not take any action against the employee if the
employee, 
19upon request of the employer and within a reasonable period 
20after the absence, provides
certification under subsection 
21(c).

22 (c) Certification.

23  (1) In general. The employer may require the employee 
24 to provide
certification to the employer
that:

25   (A) the employee or the employee's family or 
26 household
member is a victim of domestic violence, 
 
 
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1 sexual violence, gender violence, or any other crime 
2 of violence; and

3   (B) the leave is for one of the purposes 
4 enumerated in
paragraph (a)(1).

5  The employee shall provide such certification to the 
6 employer within a
reasonable period after the employer 
7 requests certification.

8  (2) Contents. An employee may satisfy the 
9 certification
requirement of paragraph (1) by providing to 
10 the employer
a sworn statement of the employee, and if the 
11 employee has possession of such document, the employee 
12 shall provide one of the following documents:

13   (A) documentation from an employee, agent, or 
14 volunteer of
a victim services organization, an 
15 attorney, a member of
the clergy, or a medical or other 
16 professional from whom
the employee or the employee's 
17 family or household member
has sought assistance in 
18 addressing domestic violence, sexual violence, gender 
19 violence, or any other crime of violence and the 
20 effects of the violence;

21   (B) a police, or court, or military record; or

22   (C) other corroborating evidence.

23  The employee shall choose which document to submit, 
24 and the employer shall not request or require more than 
25 one document to be submitted during the same 12-month 
26 period leave is requested or taken if the reason for leave 
 
 
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1 is related to the same incident or incidents of violence 
2 or the same perpetrator or perpetrators of the violence. 
3 (d) Confidentiality. All information provided to the 
4employer pursuant
to subsection (b) or (c), including a 
5statement of the employee or any
other documentation, record, 
6or corroborating evidence, and the fact
that the employee has 
7requested or obtained leave pursuant to this
Section, shall be 
8retained in the strictest confidence by the employer,
except 
9to the extent that disclosure is:

10  (1) requested or consented to in writing by the 
11 employee; or

12  (2) otherwise required by applicable federal or State 
13 law.

14 (e) Employment and benefits.

15  (1) Restoration to position.

16   (A) In general. Any
employee who takes leave under 
17 this Section for the
intended purpose of the leave 
18 shall be entitled, on return
from such leave:

19    (i) to be restored by the employer to the 
20 position of
employment held by the employee when 
21 the leave
commenced; or

22    (ii) to be restored to an equivalent position 
23 with
equivalent employment benefits, pay, and 
24 other terms
and conditions of employment.

25   (B) Loss of benefits. The taking of leave under 
26 this
Section shall not result in the loss of any 
 
 
10200SB0257ham002- 48 -LRB102 04087 LNS 38310 a


1 employment
benefit accrued prior to the date on which 
2 the leave
commenced.

3   (C) Limitations. Nothing in this subsection shall 
4 be
construed to entitle any restored employee to:

5    (i) the accrual of any seniority or employment

6 benefits during any period of leave; or

7    (ii) any right, benefit, or position of 
8 employment
other than any right, benefit, or 
9 position to which
the employee would have been 
10 entitled had the
employee not taken the leave.

11   (D) Construction. Nothing in this paragraph shall 
12 be
construed to prohibit an employer from requiring an

13 employee on leave under this Section to report 
14 periodically
to the employer on the status and 
15 intention of the employee
to return to work.

16  (2) Maintenance of health benefits.

17   (A) Coverage. Except as provided in subparagraph 
18 (B),
during any period that an employee takes leave 
19 under this
Section, the employer shall maintain 
20 coverage for the
employee and any family or household 
21 member under any group
health plan for the duration of 
22 such leave at the level and
under the conditions 
23 coverage would have been provided if
the employee had 
24 continued in employment continuously for
the duration 
25 of such leave.

26   (B) Failure to return from leave. The employer may 
 
 
10200SB0257ham002- 49 -LRB102 04087 LNS 38310 a


1 recover
the premium that the employer paid for 
2 maintaining coverage
for the employee and the 
3 employee's family or household
member under such group 
4 health plan during any period of
leave under this 
5 Section if:

6    (i) the employee fails to return from leave 
7 under
this Section after the period of leave to 
8 which the
employee is entitled has expired; and

9    (ii) the employee fails to return to work for 
10 a
reason other than:

11     (I) the continuation, recurrence, or onset 
12 of
domestic violence, sexual violence, gender 
13 violence, or any other crime of
violence that 
14 entitles the
employee to leave pursuant to 
15 this Section; or

16     (II) other circumstances beyond the 
17 control of the employee.

18   (C) Certification.

19    (i) Issuance. An employer may require an 
20 employee who
claims that the employee is unable to 
21 return to work
because of a reason described in 
22 subclause (I) or
(II) of subparagraph (B)(ii) to 
23 provide, within a
reasonable period after making 
24 the claim,
certification to the employer that the 
25 employee is
unable to return to work because of 
26 that reason.

 
 
10200SB0257ham002- 50 -LRB102 04087 LNS 38310 a


1    (ii) Contents. An employee may satisfy the

2 certification requirement of clause (i) by 
3 providing
to the employer:

4     (I) a sworn statement of the employee;

5     (II) documentation from an employee, 
6 agent, or
volunteer of a victim services 
7 organization, an
attorney, a member of the 
8 clergy, or a medical
or other professional 
9 from whom the employee
has sought assistance 
10 in addressing domestic violence, sexual 
11 violence, gender violence, or any other crime 
12 of
violence and the effects of that
violence;

13     (III) a police, or court, or military 
14 record; or

15     (IV) other corroborating evidence.

16   The employee shall choose which document to 
17 submit, and the employer shall not request or require 
18 more than one document to be submitted. 
19   (D) Confidentiality. All information provided to 
20 the
employer pursuant to subparagraph (C), including a

21 statement of the employee or any other documentation,

22 record, or corroborating evidence, and the fact that 
23 the
employee is not returning to work because of a 
24 reason
described in subclause (I) or (II) of 
25 subparagraph (B)(ii)
shall be retained in the 
26 strictest confidence by the
employer, except to the 
 
 
10200SB0257ham002- 51 -LRB102 04087 LNS 38310 a


1 extent that disclosure is:

2    (i) requested or consented to in writing by 
3 the
employee; or

4    (ii) otherwise required by applicable federal 
5 or
State law.

6 (f) Prohibited acts.

7  (1) Interference with rights.

8   (A) Exercise of rights. It shall be unlawful for 
9 any
employer to interfere with, restrain, or deny the 
10 exercise
of or the attempt to exercise any right 
11 provided under
this Section.

12   (B) Employer discrimination. It shall be unlawful 
13 for any
employer to discharge or harass any 
14 individual, or
otherwise discriminate against any 
15 individual with respect
to compensation, terms, 
16 conditions, or privileges of
employment of the 
17 individual (including retaliation in any
form or 
18 manner) because the individual:

19    (i) exercised any right provided under this 
20 Section;
or

21    (ii) opposed any practice made unlawful by 
22 this
Section.

23   (C) Public agency sanctions. It shall be unlawful 
24 for any
public agency to deny, reduce, or terminate 
25 the benefits
of, otherwise sanction, or harass any 
26 individual, or
otherwise discriminate against any 
 
 
10200SB0257ham002- 52 -LRB102 04087 LNS 38310 a


1 individual with respect
to the amount, terms, or 
2 conditions of public assistance of
the individual 
3 (including retaliation in any form or
manner) because 
4 the individual:

5    (i) exercised any right provided under this 
6 Section;
or

7    (ii) opposed any practice made unlawful by 
8 this
Section.

9  (2) Interference with proceedings or inquiries. It 
10 shall be
unlawful for any person to discharge or in any 
11 other manner
discriminate (as described in subparagraph 
12 (B) or (C) of
paragraph (1)) against any individual 
13 because such individual:

14   (A) has filed any charge, or has instituted or 
15 caused to be
instituted any proceeding, under or 
16 related to this
Section;

17   (B) has given, or is about to give, any 
18 information in
connection with any inquiry or 
19 proceeding relating to any
right provided under this 
20 Section; or

21   (C) has testified, or is about to testify, in any 
22 inquiry
or proceeding relating to any right provided 
23 under this Section.

24(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)




25 (820 ILCS 180/30)



 
 
10200SB0257ham002- 53 -LRB102 04087 LNS 38310 a


1 Sec. 30. Victims' employment sustainability; prohibited

2discriminatory acts.
3 (a) An employer shall not fail to hire, refuse to hire,

4discharge, constructively discharge, or harass any individual, 
5otherwise discriminate against any
individual with respect to 
6the compensation, terms, conditions, or
privileges of 
7employment of the individual, or retaliate against an

8individual in any form or manner, and a public agency shall not 
9deny,
reduce, or terminate the benefits of, otherwise 
10sanction, or harass any
individual, otherwise discriminate 
11against any individual with respect
to the amount, terms, or 
12conditions of public assistance of the
individual, or 
13retaliate against an individual in any form or manner,

14because:

15  (1) the individual involved:

16   (A) is or is perceived to be a victim of domestic 
17 violence, sexual violence, gender violence, or any 
18 criminal violence;

19   (B) attended, participated in, prepared for, or 
20 requested
leave to attend, participate in, or prepare 
21 for a criminal
or civil court proceeding relating to 
22 an incident of
domestic violence, sexual violence, 
23 gender violence, or any criminal violence of which the 
24 individual or a
family or household member of the 
25 individual was a victim, or requested or took leave 
26 for any other reason provided under Section 20, or 
 
 
10200SB0257ham002- 54 -LRB102 04087 LNS 38310 a


1 attended, participated in, prepared for, requested 
2 leave to attend, participate in, or prepare for a 
3 court-martial or nonjudicial punishment proceeding 
4 pursuant to the Uniform Code of Military Justice 
5 relating to an incident of domestic violence, sexual 
6 violence, gender violence, or any criminal violence of 
7 which the individual or a family or household member 
8 of the individual was a victim, or requested or took 
9 leave for any other reason provided under Section 20;


10   (C) requested an adjustment to a job structure, 
11 workplace
facility, or work requirement, including a 
12 transfer,
reassignment, or modified schedule, leave, a 
13 changed
telephone number or seating assignment, 
14 installation of a
lock, or implementation of a safety 
15 procedure in response
to actual or threatened domestic 
16 violence, sexual violence, gender violence, or any 
17 other crime of
violence,
regardless of whether the 
18 request was granted; or
19   (D) is an employee whose employer is subject to 
20 Section 21 of the Workplace Violence Prevention Act; 
21 or 

22  (2) the workplace is disrupted or threatened by the 
23 action of a
person whom the individual states has 
24 committed or threatened to
commit domestic violence, 
25 sexual violence, gender violence, or any other crime of

26 violence against the individual or the
individual's family 
 
 
10200SB0257ham002- 55 -LRB102 04087 LNS 38310 a


1 or household member.

2 (b) In this Section:

3  (1) "Discriminate", used with respect to the terms, 
4 conditions,
or privileges of employment or with respect to 
5 the terms or
conditions of public assistance, includes not 
6 making a reasonable
accommodation to the known limitations 
7 resulting from
circumstances relating to being a victim of 
8 domestic violence, sexual violence, gender violence, or 
9 any criminal violence or a family or household member 
10 being a victim of
domestic violence, sexual violence, 
11 gender violence, or any other crime of
violence of an 
12 otherwise qualified individual:

13   (A) who is:

14    (i) an applicant or employee of the employer 
15 (including a
public agency); or

16    (ii) an applicant for or recipient of public 
17 assistance
from a public agency; and

18   (B) who is:

19    (i) or is perceived to be a victim of domestic 
20 violence, sexual violence, gender violence, or any 
21 other crime of
violence; or

22    (ii) with a family or household member who is 
23 or is perceived to be a victim of
domestic 
24 violence, sexual violence, gender violence, or any 
25 other crime of
violence whose interests are not 
26 adverse to
the individual in subparagraph (A) as 
 
 
10200SB0257ham002- 56 -LRB102 04087 LNS 38310 a


1 it relates to the domestic violence, sexual 
2 violence, gender violence, or any other crime of

3 violence;

4 unless the employer or public agency can demonstrate that 
5 the
accommodation would impose an undue hardship on the 
6 operation of
the employer or public agency.

7  A reasonable accommodation must be made in a timely 
8 fashion. Any exigent circumstances or danger facing the 
9 employee or his or her family or household member shall be 
10 considered in determining whether the accommodation is 
11 reasonable. 
12  (2) "Qualified individual" means:

13   (A) in the case of an applicant or employee 
14 described in
paragraph (1)(A)(i), an individual who, 
15 but for being a
victim of domestic violence, sexual 
16 violence, gender violence, or any other crime of

17 violence or with a family or
household member who is a 
18 victim of domestic violence, sexual violence, gender 
19 violence, or any other crime of
violence, can perform 
20 the essential functions of the
employment position 
21 that such individual holds or desires;
or

22   (B) in the case of an applicant or recipient 
23 described in
paragraph (1)(A)(ii), an individual who, 
24 but for being a
victim of domestic violence, sexual 
25 violence, gender violence, or any other crime of

26 violence or with a family or
household member who is a 
 
 
10200SB0257ham002- 57 -LRB102 04087 LNS 38310 a


1 victim of domestic violence, sexual violence, gender 
2 violence, or any other crime of
violence, can satisfy 
3 the essential requirements of the
program providing 
4 the public assistance that the individual
receives or 
5 desires.

6  (3) "Reasonable accommodation" may include an 
7 adjustment to a job
structure, workplace facility, or work 
8 requirement, including a
transfer, reassignment, or 
9 modified schedule, leave, a changed
telephone number or 
10 seating assignment, installation of a lock,
or 
11 implementation of a safety procedure, or assistance in 
12 documenting domestic violence, sexual violence, gender 
13 violence, or any other crime of
violence that occurs at 
14 the workplace or in work-related settings, or any other 
15 reasonable accommodation in response to actual or

16 threatened domestic violence, sexual violence, gender 
17 violence, or any other crime of
violence.

18  (4) Undue hardship.

19   (A) In general. "Undue hardship" means an action 
20 requiring
significant difficulty or expense, when 
21 considered in light
of the factors set forth in 
22 subparagraph (B).

23   (B) Factors to be considered. In determining 
24 whether a
reasonable accommodation would impose an 
25 undue hardship on
the operation of an employer or 
26 public agency, factors to
be considered include:

 
 
10200SB0257ham002- 58 -LRB102 04087 LNS 38310 a


1    (i) the nature and cost of the reasonable

2 accommodation needed under this Section;

3    (ii) the overall financial resources of the 
4 facility
involved in the provision of the 
5 reasonable
accommodation, the number of persons 
6 employed at such
facility, the effect on expenses 
7 and resources, or
the impact otherwise of such 
8 accommodation on the
operation of the facility;

9    (iii) the overall financial resources of the 
10 employer
or public agency, the overall size of the 
11 business of
an employer or public agency with 
12 respect to the
number of employees of the employer 
13 or public agency,
and the number, type, and 
14 location of the facilities
of an employer or 
15 public agency; and

16    (iv) the type of operation of the employer or 
17 public
agency, including the composition, 
18 structure, and
functions of the workforce of the 
19 employer or public
agency, the geographic 
20 separateness of the facility
from the employer or 
21 public agency, and the
administrative or fiscal 
22 relationship of the facility
to the employer or 
23 public agency.

24 (c) An employer subject to Section 21 of the Workplace 
25Violence Prevention Act shall not violate any provisions of 
26the Workplace Violence Prevention Act. 
 
 
10200SB0257ham002- 59 -LRB102 04087 LNS 38310 a


1 (d) Confidentiality. All information provided to the

2employer pursuant to this Section including a
statement of the 
3employee or any other documentation, record, or corroborating 
4evidence, and the fact that the employee has requested or 
5obtained an accommodation pursuant to this Section shall be 
6retained in the strictest confidence by the employer, except 
7to the extent that disclosure is:
8  (1) requested or consented to in writing by the

9 employee; or
10  (2) otherwise required by applicable federal or State

11 law. 
12(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)



13 Section 95. No acceleration or delay. Where this Act makes 
14changes in a statute that is represented in this Act by text 
15that is not yet or no longer in effect (for example, a Section 
16represented by multiple versions), the use of that text does 
17not accelerate or delay the taking effect of (i) the changes 
18made by this Act or (ii) provisions derived from any other 
19Public Act.

20 Section 99. Effective date. This Act takes effect upon 
21becoming law.".