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1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Firearm Owners Identification Card Act is
5		amended by changing Section 1.1 as follows:
6		(430 ILCS 65/1.1)
7		Sec. 1.1. For purposes of this Act:
8		"Addicted to narcotics" means a person who has been:
9		(1) convicted of an offense involving the use or
10		possession of cannabis, a controlled substance, or
11		methamphetamine within the past year; or
12		(2) determined by the Illinois State Police to be
13		addicted to narcotics based upon federal law or federal
14		guidelines.
15		"Addicted to narcotics" does not include possession or use
16		of a prescribed controlled substance under the direction and
17		authority of a physician or other person authorized to
18		prescribe the controlled substance when the controlled
19		substance is used in the prescribed manner.
20		"Adjudicated as a person with a mental disability" means
21		the person is the subject of a determination by a court, board,
22		commission or other lawful authority that the person, as a
23		result of marked subnormal intelligence, or mental illness,

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1		mental impairment, incompetency, condition, or disease:
2		(1) presents a clear and present danger to himself,
3		herself, or to others;
4		(2) lacks the mental capacity to manage his or her own
5		affairs or is adjudicated a person with a disability as
6		defined in Section 11a-2 of the Probate Act of 1975;
7		(3) is not guilty in a criminal case by reason of
8		insanity, mental disease or defect;
9		(3.5) is guilty but mentally ill, as provided in
10		Section 5-2-6 of the Unified Code of Corrections;
11		(4) is incompetent to stand trial in a criminal case;
12		(5) is not guilty by reason of lack of mental
13		responsibility under Articles 50a and 72b of the Uniform
14		Code of Military Justice, 10 U.S.C. 850a, 876b;
15		(6) is a sexually violent person under subsection (f)
16		of Section 5 of the Sexually Violent Persons Commitment
17		Act;
18		(7) is a sexually dangerous person under the Sexually
19		Dangerous Persons Act;
20		(8) is unfit to stand trial under the Juvenile Court
21		Act of 1987;
22		(9) is not guilty by reason of insanity under the
23		Juvenile Court Act of 1987;
24		(10) is subject to involuntary admission as an
25		inpatient as defined in Section 1-119 of the Mental Health
26		and Developmental Disabilities Code;

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1		(11) is subject to involuntary admission as an
2		outpatient as defined in Section 1-119.1 of the Mental
3		Health and Developmental Disabilities Code;
4		(12) is subject to judicial admission as set forth in
5		Section 4-500 of the Mental Health and Developmental
6		Disabilities Code; or
7		(13) is subject to the provisions of the Interstate
8		Agreements on Sexually Dangerous Persons Act.
9		"Clear and present danger" means a person who:
10		(1) communicates a serious threat of physical violence
11		against a reasonably identifiable victim or poses a clear
12		and imminent risk of serious physical injury to himself,
13		herself, or another person as determined by a physician,
14		clinical psychologist, or qualified examiner; or
15		(2) demonstrates threatening physical or verbal
16		behavior, such as violent, suicidal, or assaultive
17		threats, actions, or other behavior, as determined by a
18		physician, clinical psychologist, qualified examiner,
19		school administrator, or law enforcement official.
20		"Clinical psychologist" has the meaning provided in
21		Section 1-103 of the Mental Health and Developmental
22		Disabilities Code.
23		"Controlled substance" means a controlled substance or
24		controlled substance analog as defined in the Illinois
25		Controlled Substances Act.
26		"Counterfeit" means to copy or imitate, without legal

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1		authority, with intent to deceive.
2		"Developmental disability" means a severe, chronic
3		disability of an individual that:
4		(1) is attributable to a mental or physical impairment
5		or combination of mental and physical impairments;
6		(2) is manifested before the individual attains age
7		22;
8		(3) is likely to continue indefinitely;
9		(4) results in substantial functional limitations in 3
10		or more of the following areas of major life activity:
11		(A) Self-care.
12		(B) Receptive and expressive language.
13		(C) Learning.
14		(D) Mobility.
15		(E) Self-direction.
16		(F) Capacity for independent living.
17		(G) Economic self-sufficiency; and
18		(5) reflects the individual's need for a combination
19		and sequence of special, interdisciplinary, or generic
20		services, individualized supports, or other forms of
21		assistance that are of lifelong or extended duration and
22		are individually planned and coordinated.
23		"Federally licensed firearm dealer" means a person who is
24		licensed as a federal firearms dealer under Section 923 of the
25		federal Gun Control Act of 1968 (18 U.S.C. 923).
26		"Firearm" means any device, by whatever name known, which

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1		is designed to expel a projectile or projectiles by the action
2		of an explosion, expansion of gas or escape of gas; excluding,
3		however:
4		(1) any pneumatic gun, spring gun, paint ball gun, or
5		B-B gun which expels a single globular projectile not
6		exceeding .18 inch in diameter or which has a maximum
7		muzzle velocity of less than 700 feet per second;
8		(1.1) any pneumatic gun, spring gun, paint ball gun,
9		or B-B gun which expels breakable paint balls containing
10		washable marking colors;
11		(2) any device used exclusively for signaling or
12		safety and required or recommended by the United States
13		Coast Guard or the Interstate Commerce Commission;
14		(3) any device used exclusively for the firing of stud
15		cartridges, explosive rivets or similar industrial
16		ammunition; and
17		(4) an antique firearm (other than a machine-gun)
18		which, although designed as a weapon, the Illinois State
19		Police finds by reason of the date of its manufacture,
20		value, design, and other characteristics is primarily a
21		collector's item and is not likely to be used as a weapon.
22		"Firearm ammunition" means any self-contained cartridge or
23		shotgun shell, by whatever name known, which is designed to be
24		used or adaptable to use in a firearm; excluding, however:
25		(1) any ammunition exclusively designed for use with a
26		device used exclusively for signaling or safety and

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1		required or recommended by the United States Coast Guard
2		or the Interstate Commerce Commission; and
3		(2) any ammunition designed exclusively for use with a
4		stud or rivet driver or other similar industrial
5		ammunition.
6		"Gun show" means an event or function:
7		(1) at which the sale and transfer of firearms is the
8		regular and normal course of business and where 50 or more
9		firearms are displayed, offered, or exhibited for sale,
10		transfer, or exchange; or
11		(2) at which not less than 10 gun show vendors
12		display, offer, or exhibit for sale, sell, transfer, or
13		exchange firearms.
14		"Gun show" includes the entire premises provided for an
15		event or function, including parking areas for the event or
16		function, that is sponsored to facilitate the purchase, sale,
17		transfer, or exchange of firearms as described in this
18		Section. Nothing in this definition shall be construed to
19		exclude a gun show held in conjunction with competitive
20		shooting events at the World Shooting Complex sanctioned by a
21		national governing body in which the sale or transfer of
22		firearms is authorized under subparagraph (5) of paragraph (g)
23		of subsection (A) of Section 24-3 of the Criminal Code of 2012.
24		Unless otherwise expressly stated, "gun show" does not
25		include training or safety classes, competitive shooting
26		events, such as rifle, shotgun, or handgun matches, trap,

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1		skeet, or sporting clays shoots, dinners, banquets, raffles,
2		or any other event where the sale or transfer of firearms is
3		not the primary course of business.
4		"Gun show promoter" means a person who organizes or
5		operates a gun show.
6		"Gun show vendor" means a person who exhibits, sells,
7		offers for sale, transfers, or exchanges any firearms at a gun
8		show, regardless of whether the person arranges with a gun
9		show promoter for a fixed location from which to exhibit,
10		sell, offer for sale, transfer, or exchange any firearm.
11		"Intellectual disability" means significantly subaverage
12		general intellectual functioning, existing concurrently with
13		deficits in adaptive behavior and manifested during the
14		developmental period, which is defined as before the age of
15		22, that adversely affects a child's educational performance.
16		"Involuntarily admitted" has the meaning as prescribed in
17		Sections 1-119 and 1-119.1 of the Mental Health and
18		Developmental Disabilities Code.
19		"Mental health facility" means any licensed private
20		hospital or hospital affiliate, institution, or facility, or
21		part thereof, and any facility, or part thereof, operated by
22		the State or a political subdivision thereof which provides
23		treatment of persons with mental illness and includes all
24		hospitals, institutions, clinics, evaluation facilities,
25		mental health centers, colleges, universities, long-term care
26		facilities, and nursing homes, or parts thereof, which provide

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1		treatment of persons with mental illness whether or not the
2		primary purpose is to provide treatment of persons with mental
3		illness.
4		"National governing body" means a group of persons who
5		adopt rules and formulate policy on behalf of a national
6		firearm sporting organization.
7		"Noncitizen" means a person who is not a citizen of the
8		United States, but is a person who is a foreign-born person who
9		lives in the United States, has not been naturalized, and is
10		still a citizen of a foreign country.
11		"Patient" means:
12		(1) a person who is admitted as an inpatient or
13		resident of a public or private mental health facility for
14		mental health treatment under Chapter III of the Mental
15		Health and Developmental Disabilities Code as an informal
16		admission, a voluntary admission, a minor admission, an
17		emergency admission, or an involuntary admission, unless
18		the treatment was solely for an alcohol abuse disorder; or
19		(2) a person who voluntarily or involuntarily receives
20		mental health treatment as an out-patient or is otherwise
21		provided services by a public or private mental health
22		facility and who poses a clear and present danger to
23		himself, herself, or others.
24		"Physician" has the meaning as defined in Section 1-120 of
25		the Mental Health and Developmental Disabilities Code.
26		"Protective order" means any orders of protection issued

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1		under the Illinois Domestic Violence Act of 1986, stalking no
2		contact orders issued under the Stalking No Contact Order Act,
3		civil no contact orders issued under the Civil No Contact
4		Order Act, and firearms restraining orders issued under the
5		Firearms Restraining Order Act or a substantially similar
6		order issued by the court of another state, tribe, or United
7		States territory or military judge tribunal.
8		"Qualified examiner" has the meaning provided in Section
9		1-122 of the Mental Health and Developmental Disabilities
10		Code.
11		"Sanctioned competitive shooting event" means a shooting
12		contest officially recognized by a national or state shooting
13		sport association, and includes any sight-in or practice
14		conducted in conjunction with the event.
15		"School administrator" means the person required to report
16		under the School Administrator Reporting of Mental Health
17		Clear and Present Danger Determinations Law.
18		"Stun gun or taser" has the meaning ascribed to it in
19		Section 24-1 of the Criminal Code of 2012.
20		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21		102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
22		1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
23		Section 10. The Code of Criminal Procedure of 1963 is
24		amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
25		follows:

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1		(725 ILCS 5/112A-4.5)
2		Sec. 112A-4.5. Who may file petition.
3		(a) A petition for a domestic violence order of protection
4		may be filed:
5		(1) by a named victim who has been abused by a family
6		or household member;
7		(2) by any person or by the State's Attorney on behalf
8		of a named victim who is a minor child or an adult who has
9		been abused by a family or household member and who,
10		because of age, health, disability, or inaccessibility,
11		cannot file the petition;
12		(3) by a State's Attorney on behalf of any minor child
13		or dependent adult in the care of the named victim, if the
14		named victim does not file a petition or request the
15		State's Attorney file the petition; or
16		(4) any of the following persons if the person is
17		abused by a family or household member of a child:
18		(i) a foster parent of that child if the child has
19		been placed in the foster parent's home by the
20		Department of Children and Family Services or by
21		another state's public child welfare agency;
22		(ii) a legally appointed guardian or legally
23		appointed custodian of that child;
24		(iii) an adoptive parent of that child;
25		(iv) a prospective adoptive parent of that child

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1		if the child has been placed in the prospective
2		adoptive parent's home pursuant to the Adoption Act or
3		pursuant to another state's law.
4		For purposes of this paragraph (a)(4), individuals who
5		would have been considered "family or household members" of
6		the child under paragraph (3) of subsection (b) of Section
7		112A-3 before a termination of the parental rights with
8		respect to the child continue to meet the definition of
9		"family or household members" of the child.
10		(b) A petition for a civil no contact order may be filed:
11		(1) by any person who is a named victim of
12		non-consensual sexual conduct or non-consensual sexual
13		penetration, including a single incident of non-consensual
14		sexual conduct or non-consensual sexual penetration;
15		(2) by a person or by the State's Attorney on behalf of
16		a named victim who is a minor child or an adult who is a
17		victim of non-consensual sexual conduct or non-consensual
18		sexual penetration but, because of age, disability,
19		health, or inaccessibility, cannot file the petition;
20		(3) by a State's Attorney on behalf of any minor child
21		who is a family or household member of the named victim, if
22		the named victim does not file a petition or request the
23		State's Attorney file the petition;
24		(4) by a service member of the Illinois National Guard
25		or any reserve military component serving within the State
26		who is a victim of non-consensual sexual conduct who has

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1		also received a Military Protective Order; or
2		(5) by the Staff Judge Advocate of the Illinois
3		National Guard or any reserve military component serving
4		in the State on behalf of a named victim who is a victim of
5		non-consensual sexual conduct who has also received a
6		Military Protective Order only after receiving consent
7		from the victim, and the petition shall include a
8		statement that the victim has consented to the Staff Judge
9		Advocate filing the petition.
10		(c) A petition for a stalking no contact order may be
11		filed:
12		(1) by any person who is a named victim of stalking;
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 stalking but, because of age, disability,
16		health, or inaccessibility, cannot file the petition;
17		(3) by a State's Attorney on behalf of any minor child
18		who is a family or household member of the named victim, if
19		the named victim does not file a petition or request the
20		State's Attorney file the petition;
21		(4) by a service member of the Illinois National Guard
22		or any reserve military component serving within the State
23		who is a victim of non-consensual sexual conduct who has
24		also received a Military Protective Order; or
25		(5) by the Staff Judge Advocate of the Illinois
26		National Guard or any reserve military component serving

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1		in the State on behalf of a named victim who is a victim of
2		non-consensual sexual conduct who has also received a
3		Military Protective Order only after receiving consent
4		from the victim, and the petition shall include a
5		statement that the victim has consented to the Staff Judge
6		Advocate filing the petition.
7		(d) The State's Attorney shall file a petition on behalf
8		of any person who may file a petition under subsections (a),
9		(b), or (c) of this Section if the person requests the State's
10		Attorney to file a petition on the person's behalf, unless the
11		State's Attorney has a good faith basis to delay filing the
12		petition. The State's Attorney shall inform the person that
13		the State's Attorney will not be filing the petition at that
14		time and that the person may file a petition or may retain an
15		attorney to file the petition. The State's Attorney may file
16		the petition at a later date.
17		(d-5) (1) A person eligible to file a petition under
18		subsection (a), (b), or (c) of this Section may retain an
19		attorney to represent the petitioner on the petitioner's
20		request for a protective order. The attorney's representation
21		is limited to matters related to the petition and relief
22		authorized under this Article.
23		(2) Advocates shall be allowed to accompany the petitioner
24		and confer with the victim, unless otherwise directed by the
25		court. Advocates are not engaged in the unauthorized practice
26		of law when providing assistance to the petitioner.

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1		(e) Any petition properly filed under this Article may
2		seek protection for any additional persons protected by this
3		Article.
4		(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
5		(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
6		Sec. 112A-23. Enforcement of protective orders.
7		(a) When violation is crime. A violation of any protective
8		order, whether issued in a civil, quasi-criminal proceeding or
9		by a military judge tribunal, shall be enforced by a criminal
10		court when:
11		(1) The respondent commits the crime of violation of a
12		domestic violence order of protection pursuant to Section
13		12-3.4 or 12-30 of the Criminal Code of 1961 or the
14		Criminal Code of 2012, by having knowingly violated:
15		(i) remedies described in paragraph (1), (2), (3),
16		(14), or (14.5) of subsection (b) of Section 112A-14
17		of this Code,
18		(ii) a remedy, which is substantially similar to
19		the remedies authorized under paragraph (1), (2), (3),
20		(14), or (14.5) of subsection (b) of Section 214 of the
21		Illinois Domestic Violence Act of 1986, in a valid
22		order of protection, which is authorized under the
23		laws of another state, tribe, or United States
24		territory, or
25		(iii) any other remedy when the act constitutes a

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1		crime against the protected parties as defined by the
2		Criminal Code of 1961 or the Criminal Code of 2012.
3		Prosecution for a violation of a domestic violence
4		order of protection shall not bar concurrent prosecution
5		for any other crime, including any crime that may have
6		been committed at the time of the violation of the
7		domestic violence order of protection; or
8		(2) The respondent commits the crime of child
9		abduction pursuant to Section 10-5 of the Criminal Code of
10		1961 or the Criminal Code of 2012, by having knowingly
11		violated:
12		(i) remedies described in paragraph (5), (6), or
13		(8) of subsection (b) of Section 112A-14 of this Code,
14		or
15		(ii) a remedy, which is substantially similar to
16		the remedies authorized under paragraph (1), (5), (6),
17		or (8) of subsection (b) of Section 214 of the Illinois
18		Domestic Violence Act of 1986, in a valid domestic
19		violence order of protection, which is authorized
20		under the laws of another state, tribe, or United
21		States territory.
22		(3) The respondent commits the crime of violation of a
23		civil no contact order when the respondent violates
24		Section 12-3.8 of the Criminal Code of 2012. Prosecution
25		for a violation of a civil no contact order shall not bar
26		concurrent prosecution for any other crime, including any

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1		crime that may have been committed at the time of the
2		violation of the civil no contact order.
3		(4) The respondent commits the crime of violation of a
4		stalking no contact order when the respondent violates
5		Section 12-3.9 of the Criminal Code of 2012. Prosecution
6		for a violation of a stalking no contact order shall not
7		bar concurrent prosecution for any other crime, including
8		any crime that may have been committed at the time of the
9		violation of the stalking no contact order.
10		(b) When violation is contempt of court. A violation of
11		any valid protective order, whether issued in a civil or
12		criminal proceeding or by a military judge tribunal, may be
13		enforced through civil or criminal contempt procedures, as
14		appropriate, by any court with jurisdiction, regardless where
15		the act or acts which violated the protective order were
16		committed, to the extent consistent with the venue provisions
17		of this Article. Nothing in this Article shall preclude any
18		Illinois court from enforcing any valid protective order
19		issued in another state. Illinois courts may enforce
20		protective orders through both criminal prosecution and
21		contempt proceedings, unless the action which is second in
22		time is barred by collateral estoppel or the constitutional
23		prohibition against double jeopardy.
24		(1) In a contempt proceeding where the petition for a
25		rule to show cause sets forth facts evidencing an
26		immediate danger that the respondent will flee the

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1		jurisdiction, conceal a child, or inflict physical abuse
2		on the petitioner or minor children or on dependent adults
3		in petitioner's care, the court may order the attachment
4		of the respondent without prior service of the rule to
5		show cause or the petition for a rule to show cause. Bond
6		shall be set unless specifically denied in writing.
7		(2) A petition for a rule to show cause for violation
8		of a protective order shall be treated as an expedited
9		proceeding.
10		(c) Violation of custody, allocation of parental
11		responsibility, or support orders. A violation of remedies
12		described in paragraph (5), (6), (8), or (9) of subsection (b)
13		of Section 112A-14 of this Code may be enforced by any remedy
14		provided by Section 607.5 of the Illinois Marriage and
15		Dissolution of Marriage Act. The court may enforce any order
16		for support issued under paragraph (12) of subsection (b) of
17		Section 112A-14 of this Code in the manner provided for under
18		Parts V and VII of the Illinois Marriage and Dissolution of
19		Marriage Act.
20		(d) Actual knowledge. A protective order may be enforced
21		pursuant to this Section if the respondent violates the order
22		after the respondent has actual knowledge of its contents as
23		shown through one of the following means:
24		(1) (Blank).
25		(2) (Blank).
26		(3) By service of a protective order under subsection

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1		(f) of Section 112A-17.5 or Section 112A-22 of this Code.
2		(4) By other means demonstrating actual knowledge of
3		the contents of the order.
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
22		unless the court explicitly finds that an increased
23		penalty or that period of imprisonment would be manifestly
24		unjust.
25		(4) In addition to any other penalties imposed for a
26		violation of a protective order, a criminal court may

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1		consider evidence of any violations of a protective order:
2		(i) to modify the conditions of pretrial release
3		on an underlying criminal charge pursuant to Section
4		110-6 of this Code;
5		(ii) to revoke or modify an order of probation,
6		conditional discharge, or supervision, pursuant to
7		Section 5-6-4 of the Unified Code of Corrections;
8		(iii) to revoke or modify a sentence of periodic
9		imprisonment, pursuant to Section 5-7-2 of the Unified
10		Code of Corrections.
11		(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
12		102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
13		5-19-22.)
14		(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
15		Sec. 112A-28. Data maintenance by law enforcement
16		agencies.
17		(a) All sheriffs shall furnish to the Illinois State
18		Police, daily, in the form and detail the Illinois State
19		Police requires, copies of any recorded protective orders
20		issued by the court, and any foreign protective orders,
21		including, but not limited to, an order of protection issued
22		by a military judge tribunal, filed by the clerk of the court,
23		and transmitted to the sheriff by the clerk of the court. Each
24		protective order shall be entered in the Law Enforcement
25		Agencies Data System on the same day it is issued by the court.

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1		(b) The Illinois State Police shall maintain a complete
2		and systematic record and index of all valid and recorded
3		protective orders issued or filed under this Act. The data
4		shall be used to inform all dispatchers and law enforcement
5		officers at the scene of an alleged incident of abuse or
6		violation of a protective order of any recorded prior incident
7		of abuse involving the abused party and the effective dates
8		and terms of any recorded protective order.
9		(c) The data, records and transmittals required under this
10		Section shall pertain to:
11		(1) any valid emergency, interim or plenary domestic
12		violence order of protection, civil no contact or stalking
13		no contact order issued in a civil proceeding; and
14		(2) any valid ex parte or final protective order
15		issued in a criminal proceeding or authorized under the
16		laws of another state, tribe, or United States territory.
17		(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
18		Section 15. The Stalking No Contact Order Act is amended
19		by changing Section 15 as follows:
20		(740 ILCS 21/15)
21		Sec. 15. Persons protected by this Act. A petition for a
22		stalking no contact order may be filed when relief is not
23		available to the petitioner under the Illinois Domestic
24		Violence Act of 1986:

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1		(1) by any person who is a victim of stalking;
2		(2) by a person on behalf of a minor child or an adult
3		who is a victim of stalking but, because of age,
4		disability, health, or inaccessibility, cannot file the
5		petition;
6		(3) by an authorized agent of a workplace;
7		(4) by an authorized agent of a place of worship; or
8		(5) by an authorized agent of a school;
9		(6) by a service member of the Illinois National Guard
10		or any reserve military component serving within the State
11		who is a victim of stalking who has also received a
12		Military Protective Order; or
13		(7) by the Staff Judge Advocate of the Illinois
14		National Guard or any reserve military component serving
15		within the State on behalf of a named victim who is a
16		victim of stalking who has also received a Military
17		Protective Order only after receiving consent from the
18		victim, and the petition shall include a statement that
19		the victim has consented to the Staff Judge Advocate
20		filing the petition.
21		(Source: P.A. 100-1000, eff. 1-1-19.)
22		Section 20. The Civil No Contact Order Act is amended by
23		changing Sections 201 and 220 as follows:
24		(740 ILCS 22/201)

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1		Sec. 201. Persons protected by this Act.
2		(a) The following persons are protected by this Act:
3		(1) any victim of non-consensual sexual conduct or
4		non-consensual sexual penetration on whose behalf the
5		petition is brought;
6		(2) any family or household member of the named
7		victim; and
8		(3) any employee of or volunteer at a rape crisis
9		center that is providing services to the petitioner or the
10		petitioner's family or household member; and .
11		(4) any service member of the Illinois National Guard
12		or any reserve military component serving within the State
13		who is a victim of non-consensual sexual conduct who has
14		also received a Military Protective Order.
15		(b) A petition for a civil no contact order may be filed:
16		(1) by any person who is a victim of non-consensual
17		sexual conduct or non-consensual sexual penetration,
18		including a single incident of non-consensual sexual
19		conduct or non-consensual sexual penetration;
20		(2) by a person on behalf of a minor child or an adult
21		who is a victim of non-consensual sexual conduct or
22		non-consensual sexual penetration but, because of age,
23		disability, health, or inaccessibility, cannot file the
24		petition; or
25		(3) only after receiving consent from the victim, by
26		any family or household member of a victim of

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1		non-consensual sexual conduct or non-consensual sexual
2		penetration, and the petition shall include a statement
3		that the victim has consented to the family or household
4		member filing the petition; .
5		(4) any service member of the Illinois National Guard
6		or any reserve military component serving within the State
7		who is a victim of non-consensual sexual conduct who has
8		also received a Military Protective Order; or
9		(5) the Staff Judge Advocate of the Illinois National
10		Guard or any reserve military component serving within the
11		State on behalf of a named victim who is a victim of
12		non-consensual sexual conduct who has also received a
13		Military Protective Order only after receiving consent
14		from the victim, and the petition shall include a
15		statement that the victim has consented to the Staff Judge
16		Advocate filing the petition.
17		(Source: P.A. 102-198, eff. 1-1-22.)
18		(740 ILCS 22/220)
19		Sec. 220. Enforcement of a civil no contact order.
20		(a) Nothing in this Act shall preclude any Illinois court
21		from enforcing a valid protective order issued in another
22		state or by a military judge.
23		(b) Illinois courts may enforce civil no contact orders
24		through both criminal proceedings and civil contempt
25		proceedings, unless the action which is second in time is

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1		barred by collateral estoppel or the constitutional
2		prohibition against double jeopardy.
3		(b-1) The court shall not hold a school district or
4		private or non-public school or any of its employees in civil
5		or criminal contempt unless the school district or private or
6		non-public school has been allowed to intervene.
7		(b-2) The court may hold the parents, guardian, or legal
8		custodian of a minor respondent in civil or criminal contempt
9		for a violation of any provision of any order entered under
10		this Act for conduct of the minor respondent in violation of
11		this Act if the parents, guardian, or legal custodian
12		directed, encouraged, or assisted the respondent minor in such
13		conduct.
14		(c) Criminal prosecution. A violation of any civil no
15		contact order, whether issued in a civil or criminal
16		proceeding or by a military judge, shall be enforced by a
17		criminal court when the respondent commits the crime of
18		violation of a civil no contact order pursuant to Section 219
19		by having knowingly violated:
20		(1) remedies described in Section 213 and included in
21		a civil no contact order; or
22		(2) a provision of an order, which is substantially
23		similar to provisions of Section 213, in a valid civil no
24		contact order which is authorized under the laws of
25		another state, tribe, or United States territory.
26		Prosecution for a violation of a civil no contact order

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1		shall not bar a concurrent prosecution for any other crime,
2		including any crime that may have been committed at the time of
3		the violation of the civil no contact order.
4		(d) Contempt of court. A violation of any valid Illinois
5		civil no contact order, whether issued in a civil or criminal
6		proceeding, may be enforced through civil or criminal contempt
7		procedures, as appropriate, by any court with jurisdiction,
8		regardless of where the act or acts which violated the civil no
9		contact order were committed, to the extent consistent with
10		the venue provisions of this Act.
11		(1) In a contempt proceeding where the petition for a
12		rule to show cause or petition for adjudication of
13		criminal contempt sets forth facts evidencing an immediate
14		danger that the respondent will flee the jurisdiction or
15		inflict physical abuse on the petitioner or minor children
16		or on dependent adults in the petitioner's care, the court
17		may order the attachment of the respondent without prior
18		service of the petition for a rule to show cause, the rule
19		to show cause, the petition for adjudication of criminal
20		contempt or the adjudication of criminal contempt.
21		Conditions of release shall be set unless specifically
22		denied in writing.
23		(2) A petition for a rule to show cause or a petition
24		for adjudication of criminal contempt for violation of a
25		civil no contact order shall be treated as an expedited
26		proceeding.

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1		(e) Actual knowledge. A civil no contact order may be
2		enforced pursuant to this Section if the respondent violates
3		the order after the respondent has actual knowledge of its
4		contents as shown through one of the following means:
5		(1) by service, delivery, or notice under Section 208;
6		(2) by notice under Section 218;
7		(3) by service of a civil no contact order under
8		Section 218; or
9		(4) by other means demonstrating actual knowledge of
10		the contents of the order.
11		(f) The enforcement of a civil no contact order in civil or
12		criminal court shall not be affected by either of the
13		following:
14		(1) the existence of a separate, correlative order,
15		entered under Section 202; or
16		(2) any finding or order entered in a conjoined
17		criminal proceeding.
18		(g) Circumstances. The court, when determining whether or
19		not a violation of a civil no contact order has occurred, shall
20		not require physical manifestations of abuse on the person of
21		the victim.
22		(h) Penalties.
23		(1) Except as provided in paragraph (3) of this
24		subsection, 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.
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 civil no contact order over any penalty
13		previously imposed by any court for respondent's
14		violation of any civil no contact order or penal
15		statute involving petitioner as victim and respondent
16		as defendant;
17		(ii) impose a minimum penalty of 24 hours
18		imprisonment for respondent's first violation of any
19		civil no contact order; and
20		(iii) impose a minimum penalty of 48 hours
21		imprisonment for respondent's second or subsequent
22		violation of a civil no contact order unless the court
23		explicitly finds that an increased penalty or that
24		period of imprisonment would be manifestly unjust.
25		(4) In addition to any other penalties imposed for a
26		violation of a civil no contact order, a criminal court

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1		may consider evidence of any previous violations of a
2		civil no contact order:
3		(i) to modify the conditions of pretrial release
4		on an underlying criminal charge pursuant to Section
5		110-6 of the Code of Criminal Procedure of 1963;
6		(ii) to revoke or modify an order of probation,
7		conditional discharge or supervision, pursuant to
8		Section 5-6-4 of the Unified Code of Corrections; or
9		(iii) to revoke or modify a sentence of periodic
10		imprisonment, pursuant to Section 5-7-2 of the Unified
11		Code of Corrections.
12		(Source: P.A. 101-652, eff. 1-1-23.)
13		Section 25. The Illinois Domestic Violence Act of 1986 is
14		amended by changing Sections 222.5, 223, and 302 as follows:
15		(750 ILCS 60/222.5)
16		Sec. 222.5. Filing of an order of protection issued in
17		another state or other jurisdiction.
18		(a) A person entitled to protection under an order of
19		protection issued by the court of another state, tribe, or
20		United States territory or military judge tribunal may file a
21		certified copy of the order of protection with the clerk of the
22		court in a judicial circuit in which the person believes that
23		enforcement may be necessary.
24		(a-5) The Illinois National Guard shall file a certified

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1		copy of any military order of protection with the clerk of the
2		court in a judicial circuit in which the person entitled to
3		protection resides or if the person entitled to protection is
4		not a State resident, in a judicial circuit in which it is
5		believed that enforcement may be necessary.
6		(b) The clerk shall:
7		(1) treat the foreign order of protection, including,
8		but not limited to, an order of protection issued by a
9		military judge tribunal, in the same manner as a judgment
10		of the circuit court for any county of this State in
11		accordance with the provisions of the Uniform Enforcement
12		of Foreign Judgments Act, except that the clerk shall not
13		mail notice of the filing of the foreign order to the
14		respondent named in the order; and
15		(2) on the same day that a foreign order of protection
16		is filed, file a certified copy of that order with the
17		sheriff or other law enforcement officials charged with
18		maintaining Illinois State Police records as set forth in
19		Section 222 of this Act.
20		(c) Neither residence in this State nor filing of a
21		foreign order of protection, including, but not limited to, an
22		order of protection issued by a military judge tribunal, shall
23		be required for enforcement of the order by this State.
24		Failure to file the foreign order shall not be an impediment to
25		its treatment in all respects as an Illinois order of
26		protection.

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1		(d) The clerk shall not charge a fee to file a foreign
2		order of protection under this Section.
3		(e) The sheriff shall inform the Illinois State Police as
4		set forth in Section 302 of this Act.
5		(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
6		(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
7		Sec. 223. Enforcement of orders of protection.
8		(a) When violation is crime. A violation of any order of
9		protection, whether issued in a civil or criminal proceeding
10		or by a military judge tribunal, shall be enforced by a
11		criminal court when:
12		(1) The respondent commits the crime of violation of
13		an order of protection pursuant to Section 12-3.4 or 12-30
14		of the Criminal Code of 1961 or the Criminal Code of 2012,
15		by having knowingly violated:
16		(i) remedies described in paragraphs (1), (2),
17		(3), (14), or (14.5) of subsection (b) of Section 214
18		of this Act; or
19		(ii) a remedy, which is substantially similar to
20		the remedies authorized under paragraphs (1), (2),
21		(3), (14), and (14.5) of subsection (b) of Section 214
22		of this Act, in a valid order of protection which is
23		authorized under the laws of another state, tribe, or
24		United States territory; or
25		(iii) any other remedy when the act constitutes a

HB3103 Engrossed - 32 - LRB103 30894 LNS 57433 b
1		crime against the protected parties as defined by the
2		Criminal Code of 1961 or the Criminal Code of 2012.
3		Prosecution for a violation of an order of protection
4		shall not bar concurrent prosecution for any other crime,
5		including any crime that may have been committed at the
6		time of the violation of the order of protection; or
7		(2) The respondent commits the crime of child
8		abduction pursuant to Section 10-5 of the Criminal Code of
9		1961 or the Criminal Code of 2012, by having knowingly
10		violated:
11		(i) remedies described in paragraphs (5), (6) or
12		(8) of subsection (b) of Section 214 of this Act; or
13		(ii) a remedy, which is substantially similar to
14		the remedies authorized under paragraphs (5), (6), or
15		(8) of subsection (b) of Section 214 of this Act, in a
16		valid order of protection which is authorized under
17		the laws of another state, tribe, or United States
18		territory.
19		(b) When violation is contempt of court. A violation of
20		any valid Illinois order of protection, whether issued in a
21		civil or criminal proceeding or by a military judge tribunal,
22		may be enforced through civil or criminal contempt procedures,
23		as appropriate, by any court with jurisdiction, regardless
24		where the act or acts which violated the order of protection
25		were committed, to the extent consistent with the venue
26		provisions of this Act. Nothing in this Act shall preclude any

HB3103 Engrossed - 33 - LRB103 30894 LNS 57433 b
1		Illinois court from enforcing any valid order of protection
2		issued in another state. Illinois courts may enforce orders of
3		protection through both criminal prosecution and contempt
4		proceedings, unless the action which is second in time is
5		barred by collateral estoppel or the constitutional
6		prohibition against double jeopardy.
7		(1) In a contempt proceeding where the petition for a
8		rule to show cause sets forth facts evidencing an
9		immediate danger that the respondent will flee the
10		jurisdiction, conceal a child, or inflict physical abuse
11		on the petitioner or minor children or on dependent adults
12		in petitioner's care, the court may order the attachment
13		of the respondent without prior service of the rule to
14		show cause or the petition for a rule to show cause.
15		Conditions of release shall be set unless specifically
16		denied in writing.
17		(2) A petition for a rule to show cause for violation
18		of an order of protection shall be treated as an expedited
19		proceeding.
20		(b-1) The court shall not hold a school district or
21		private or non-public school or any of its employees in civil
22		or criminal contempt unless the school district or private or
23		non-public school has been allowed to intervene.
24		(b-2) The court may hold the parents, guardian, or legal
25		custodian of a minor respondent in civil or criminal contempt
26		for a violation of any provision of any order entered under

HB3103 Engrossed - 34 - LRB103 30894 LNS 57433 b
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) Violation of custody or support orders or temporary or
6		final judgments allocating parental responsibilities. A
7		violation of remedies described in paragraphs (5), (6), (8),
8		or (9) of subsection (b) of Section 214 of this Act may be
9		enforced by any remedy provided by Section 607.5 of the
10		Illinois Marriage and Dissolution of Marriage Act. The court
11		may enforce any order for support issued under paragraph (12)
12		of subsection (b) of Section 214 in the manner provided for
13		under Parts V and VII of the Illinois Marriage and Dissolution
14		of Marriage Act.
15		(d) Actual knowledge. An order of protection may be
16		enforced pursuant to this Section if the respondent violates
17		the order after the respondent has actual knowledge of its
18		contents as shown through one of the following means:
19		(1) By service, delivery, or notice under Section 210.
20		(2) By notice under Section 210.1 or 211.
21		(3) By service of an order of protection under Section
22		222.
23		(4) By other means demonstrating actual knowledge of
24		the contents of the order.
25		(e) The enforcement of an order of protection in civil or
26		criminal court shall not be affected by either of the

HB3103 Engrossed - 35 - LRB103 30894 LNS 57433 b
1		following:
2		(1) The existence of a separate, correlative order,
3		entered under Section 215.
4		(2) Any finding or order entered in a conjoined
5		criminal proceeding.
6		(f) Circumstances. The court, when determining whether or
7		not a violation of an order of protection has occurred, shall
8		not require physical manifestations of abuse on the person of
9		the victim.
10		(g) Penalties.
11		(1) Except as provided in paragraph (3) of this
12		subsection, where the court finds the commission of a
13		crime or contempt of court under subsections (a) or (b) of
14		this Section, the penalty shall be the penalty that
15		generally applies in such criminal or contempt
16		proceedings, and may include one or more of the following:
17		incarceration, payment of restitution, a fine, payment of
18		attorneys' fees and costs, or community service.
19		(2) The court shall hear and take into account
20		evidence of any factors in aggravation or mitigation
21		before deciding an appropriate penalty under paragraph (1)
22		of this subsection.
23		(3) To the extent permitted by law, the court is
24		encouraged to:
25		(i) increase the penalty for the knowing violation
26		of any order of protection over any penalty previously

HB3103 Engrossed - 36 - LRB103 30894 LNS 57433 b
1		imposed by any court for respondent's violation of any
2		order of protection or penal statute involving
3		petitioner as victim and respondent as defendant;
4		(ii) impose a minimum penalty of 24 hours
5		imprisonment for respondent's first violation of any
6		order of protection; and
7		(iii) impose a minimum penalty of 48 hours
8		imprisonment for respondent's second or subsequent
9		violation of an order of protection
10		unless the court explicitly finds that an increased
11		penalty or that period of imprisonment would be manifestly
12		unjust.
13		(4) In addition to any other penalties imposed for a
14		violation of an order of protection, a criminal court may
15		consider evidence of any violations of an order of
16		protection:
17		(i) to increase, revoke or modify the conditions
18		of pretrial release on an underlying criminal charge
19		pursuant to Section 110-6 of the Code of Criminal
20		Procedure of 1963;
21		(ii) to revoke or modify an order of probation,
22		conditional discharge or supervision, pursuant to
23		Section 5-6-4 of the Unified Code of Corrections;
24		(iii) to revoke or modify a sentence of periodic
25		imprisonment, pursuant to Section 5-7-2 of the Unified
26		Code of Corrections.

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1		(5) In addition to any other penalties, the court
2		shall impose an additional fine of $20 as authorized by
3		Section 5-9-1.11 of the Unified Code of Corrections upon
4		any person convicted of or placed on supervision for a
5		violation of an order of protection. The additional fine
6		shall be imposed for each violation of this Section.
7		(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
8		(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
9		Sec. 302. Data maintenance by law enforcement agencies.
10		(a) All sheriffs shall furnish to the Illinois State
11		Police, on the same day as received, in the form and detail the
12		Illinois State Police requires, copies of any recorded
13		emergency, interim, or plenary orders of protection issued by
14		the court, and any foreign orders of protection, including,
15		but not limited to, an order of protection issued by a military
16		judge tribunal, filed by the clerk of the court, and
17		transmitted to the sheriff by the clerk of the court pursuant
18		to subsection (b) of Section 222 of this Act. Each order of
19		protection shall be entered in the Law Enforcement Agencies
20		Data System on the same day it is issued by the court. If an
21		emergency order of protection was issued in accordance with
22		subsection (c) of Section 217, the order shall be entered in
23		the Law Enforcement Agencies Data System as soon as possible
24		after receipt from the clerk.
25		(b) The Illinois State Police shall maintain a complete

HB3103 Engrossed - 38 - LRB103 30894 LNS 57433 b
1		and systematic record and index of all valid and recorded
2		orders of protection issued pursuant to this Act. The data
3		shall be used to inform all dispatchers and law enforcement
4		officers at the scene of an alleged incident of abuse,
5		neglect, or exploitation or violation of an order of
6		protection of any recorded prior incident of abuse, neglect,
7		or exploitation involving the abused, neglected, or exploited
8		party and the effective dates and terms of any recorded order
9		of protection.
10		(c) The data, records and transmittals required under this
11		Section shall pertain to any valid emergency, interim or
12		plenary order of protection, whether issued in a civil or
13		criminal proceeding or authorized under the laws of another
14		state, tribe, or United States territory.
15		(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
16		Section 99. Effective date. This Act takes effect upon
17		becoming law.