HB 3103

Abstract

Amends the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, and the Civil No Contact Order Act. Allows a petition for a stalking no contact order or civil no contact order to be filed: by a member of the Illinois National Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order; or by the Staff Judge Advocate of the Illinois National Guard or any reserve military component serving within the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order only after receiving consent from the victim, and requires the petition to include a statement that the victim has consented to the Staff Judge Advocate filing the petition. Provides that nothing in the Civil No Contact Order Act precludes any Illinois court from enforcing a valid protective order issued by a military tribunal. Provides that a violation of a civil no contact order, when issued by a military tribunal, shall be enforced by a criminal court when the respondent commits the crime of violation of a civil no contact order. Effective immediately. House Floor Amendment No. 1 Adds reference to: 430 ILCS 65/1.1 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23 725 ILCS 5/112A-28 from Ch. 38, par. 112A-28 750 ILCS 60/222.5 750 ILCS 60/223 from Ch. 40, par. 2312-23 750 ILCS 60/302 from Ch. 40, par. 2313-2 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Stalking No Contact Order Act, provides that the petition may be filed by a service member or on behalf of a service member who is a victim of stalking (rather than non-consensual sexual conduct). In the Civil No Contact Order Act, changes references to "military tribunal" to "military judge". Makes corresponding changes in the Firearm Owners Identification Card Act, additional provisions of the Code of Criminal Procedure of 1963, and the Illinois Domestic Violence Act of 1986. Effective immediately.