Criminal Justice (Domestic Violence)

Amends the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Orders of Protection Article of the Illinois Domestic Violence Act of 1986. Provides that notice and service of a protective order or an order of protection shall be deemed to have been made upon a respondent if the respondent was personally present in open court at the time the presiding judge issued the order, even if the respondent did not remain personally present for the duration of the court hearing to hear all of the conditions set by the presiding judge under the order.

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner may not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (i) a crime victim who was abused by an family or household member before the incarceration of the offender in a penal institution, and the offender is incarcerated in a penal institution at the time of the filing of the petition; or (ii) any person who has previously suffered abuse by a family or household member convicted of domestic battery, aggravated domestic battery, aggravated battery; any other offense that would constitute domestic violence; or a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed against another person. Effective immediately.

Amends the Illinois Domestic Violence Act of 1986. Provides that whenever a law enforcement officer has reason to believe a person is a victim under the Act from a family or household member, if the alleged offender is a juvenile, the officer may, based on the totality of the circumstances and using the abbreviated version of the Adolescent Domestic Battery Typology Tool created by the Kane County State's Attorney's Office, choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and the juvenile's family in finding alternative placement.

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner may not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (i) a crime victim who was abused by an family or household member before the incarceration of the offender in a penal institution, and the offender is incarcerated in a penal institution at the time of the filing of the petition; or (ii) any person who has previously suffered abuse by a family or household member convicted of domestic battery, aggravated domestic battery, aggravated battery; any other offense that would constitute domestic violence; or a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed against another person. Effective immediately.

Amends the Illinois State Police Act. Creates a registry of persistent domestic violence offenders within the Illinois State Police. Provides that the Illinois State Police shall maintain the registry based upon information supplied to the Illinois State Police by court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Provides that the Illinois State Police shall make the registry available for public inquiry on the Internet. Provides that the registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county of convictions, and a current photograph of the persistent domestic violence offender. Provides that, if a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the person to register as a persistent domestic violence offender. Provides that a defendant who is required to register must be assessed a registration fee in the amount of $150. Provides that the Illinois State Police shall remove from the registry the name and other identifying information of a persistent domestic violence offender after a specified number of years following the defendant's most recent conviction.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding the pretrial release and denial of pretrial release provisions of the Code, if the defendant is charged with any of the following offenses, then the burden is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case: (1) a violation of an order of protection issued under the Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order under the Stalking No Contact Order Act, or of a civil no contact order under the Civil No Contact Order Act; or (2) domestic battery or aggravated domestic battery under the Criminal Code of 2012.

Amends the Illinois State Police Act. Creates a registry of persistent domestic violence offenders within the Illinois State Police. Provides that the Illinois State Police shall maintain the registry based upon information supplied to the Illinois State Police by court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Provides that the Illinois State Police shall make the registry available for public inquiry on the Internet. Provides that the registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county of convictions, and a current photograph of the persistent domestic violence offender. Provides that, if a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the person to register as a persistent domestic violence offender. Provides that a defendant who is required to register must be assessed a registration fee in the amount of $150. Provides that the Illinois State Police shall remove from the registry the name and other identifying information of a persistent domestic violence offender after a specified number of years following the defendant's most recent conviction. Effective January 1, 2027.

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with stalking or aggravated stalking, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of a victim of the alleged offense, based on the specific articulable facts of the case (rather than denial of release is necessary to prevent fulfillment of the threat upon which the charge is based).

Amends the Illinois State Police Act. Creates a registry of persistent domestic violence offenders within the Illinois State Police. Provides that the Illinois State Police shall maintain the registry based upon information supplied to the Illinois State Police by court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Provides that the Illinois State Police shall make the registry available for public inquiry on the Internet. Provides that the registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county of convictions, and a current photograph of the persistent domestic violence offender. Provides that, if a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the person to register as a persistent domestic violence offender. Provides that a defendant who is required to register must be assessed a registration fee in the amount of $150. Provides that the Illinois State Police shall remove from the registry the name and other identifying information of a persistent domestic violence offender after a specified number of years following the defendant's most recent conviction.

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction of violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.