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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3141
Introduced 2/2/2026, by Sen. Darby A. Hills
SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-23
from Ch. 38, par. 112A-23
740 ILCS 22/220
750 ILCS 60/223
from Ch. 40, par. 2312-23
Amends the Civil No Contact Order Act, the Illinois Domestic Violence
Act of 1986, and the Protective Orders Article of the Code of Criminal
Procedure of 1963. Provides that the court is encouraged to impose (i) a
minimum penalty of 48 (rather than 24) hours imprisonment for a first
violation of a civil no contact order, an order of protection, or a
protective order and (ii) a minimum penalty of 96 (rather than 48) hours
imprisonment for a second or subsequent violation of a civil no contact
order, an order of protection, or a protective order.
LRB104 18882 RLC 32327 b
A BILL FOR
SB3141
LRB104 18882 RLC 32327 b
1
AN ACT concerning victims of violence.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Section 112A-23 as follows:
6
(725 ILCS 5/112A-23)
(from Ch. 38, par. 112A-23)
7
Sec. 112A-23.
Enforcement of protective orders.
8
(a) When violation is crime. A violation of any protective
9
order, whether issued in a civil, quasi-criminal proceeding or
10
by a military judge, shall be enforced by a criminal court
11
when:
12
(1) The respondent commits the crime of violation of a
13
domestic violence order of protection pursuant to Section
14
12-3.4 or 12-30 of the Criminal Code of 1961 or the
15
Criminal Code of 2012, by having knowingly violated:
16
(i) remedies described in paragraph (1), (2), (3),
17
(14), or (14.5) of subsection (b) of Section 112A-14
18
of this Code,
19
(ii) a remedy, which is substantially similar to
20
the remedies authorized under paragraph (1), (2), (3),
21
(14), or (14.5) of subsection (b) of Section 214 of the
22
Illinois Domestic Violence Act of 1986, in a valid
23
order of protection, which is authorized under the
SB3141
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LRB104 18882 RLC 32327 b
1
laws of another state, tribe, or United States
2
territory, or
3
(iii) any other remedy when the act constitutes a
4
crime against the protected parties as defined by the
5
Criminal Code of 1961 or the Criminal Code of 2012.
6
Prosecution for a violation of a domestic violence
7
order of protection shall not bar concurrent prosecution
8
for any other crime, including any crime that may have
9
been committed at the time of the violation of the
10
domestic violence order of protection; or
11
(2) The respondent commits the crime of child
12
abduction pursuant to Section 10-5 of the Criminal Code of
13
1961 or the Criminal Code of 2012, by having knowingly
14
violated:
15
(i) remedies described in paragraph (5), (6), or
16
(8) of subsection (b) of Section 112A-14 of this Code,
17
or
18
(ii) a remedy, which is substantially similar to
19
the remedies authorized under paragraph (1), (5), (6),
20
or (8) of subsection (b) of Section 214 of the Illinois
21
Domestic Violence Act of 1986, in a valid domestic
22
violence order of protection, which is authorized
23
under the laws of another state, tribe, or United
24
States territory.
25
(3) The respondent commits the crime of violation of a
26
civil no contact order when the respondent violates
SB3141
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LRB104 18882 RLC 32327 b
1
Section 12-3.8 of the Criminal Code of 2012. Prosecution
2
for a violation of a civil no contact order shall not bar
3
concurrent prosecution for any other crime, including any
4
crime that may have been committed at the time of the
5
violation of the civil no contact order.
6
(4) The respondent commits the crime of violation of a
7
stalking no contact order when the respondent violates
8
Section 12-3.9 of the Criminal Code of 2012. Prosecution
9
for a violation of a stalking no contact order shall not
10
bar concurrent prosecution for any other crime, including
11
any crime that may have been committed at the time of the
12
violation of the stalking no contact order.
13
(b) When violation is contempt of court. A violation of
14
any valid protective order, whether issued in a civil or
15
criminal proceeding or by a military judge, may be enforced
16
through civil or criminal contempt procedures, as appropriate,
17
by any court with jurisdiction, regardless where the act or
18
acts which violated the protective order were committed, to
19
the extent consistent with the venue provisions of this
20
Article. Nothing in this Article shall preclude any Illinois
21
court from enforcing any valid protective order issued in
22
another state. Illinois courts may enforce protective orders
23
through both criminal prosecution and contempt proceedings,
24
unless the action which is second in time is barred by
25
collateral estoppel or the constitutional prohibition against
26
double jeopardy.
SB3141
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LRB104 18882 RLC 32327 b
1
(1) In a contempt proceeding where the petition for a
2
rule to show cause sets forth facts evidencing an
3
immediate danger that the respondent will flee the
4
jurisdiction, conceal a child, or inflict physical abuse
5
on the petitioner or minor children or on dependent adults
6
in petitioner's care, the court may order the attachment
7
of the respondent without prior service of the rule to
8
show cause or the petition for a rule to show cause. Bond
9
shall be set unless specifically denied in writing.
10
(2) A petition for a rule to show cause for violation
11
of a protective order shall be treated as an expedited
12
proceeding.
13
(c) Violation of custody, allocation of parental
14
responsibility, or support orders. A violation of remedies
15
described in paragraph (5), (6), (8), or (9) of subsection (b)
16
of Section 112A-14 of this Code may be enforced by any remedy
17
provided by Section 607.5 of the Illinois Marriage and
18
Dissolution of Marriage Act. The court may enforce any order
19
for support issued under paragraph (12) of subsection (b) of
20
Section 112A-14 of this Code in the manner provided for under
21
Parts V and VII of the Illinois Marriage and Dissolution of
22
Marriage Act.
23
(d) Actual knowledge. A protective order may be enforced
24
pursuant to this Section if the respondent violates the order
25
after the respondent has actual knowledge of its contents as
26
shown through one of the following means:
SB3141
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LRB104 18882 RLC 32327 b
1
(1) (Blank).
2
(2) (Blank).
3
(3) By service of a protective order under subsection
4
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
5
(4) By other means demonstrating actual knowledge of
6
the contents of the order.
7
(e) The enforcement of a protective order in civil or
8
criminal court shall not be affected by either of the
9
following:
10
(1) The existence of a separate, correlative order
11
entered under Section 112A-15 of this Code.
12
(2) Any finding or order entered in a conjoined
13
criminal proceeding.
14
(e-5) If a civil no contact order entered under subsection
15
(6) of Section 112A-20 of the Code of Criminal Procedure of
16
1963 conflicts with an order issued pursuant to the Juvenile
17
Court Act of 1987 or the Illinois Marriage and Dissolution of
18
Marriage Act, the conflicting order issued under subsection
19
(6) of Section 112A-20 of the Code of Criminal Procedure of
20
1963 shall be void.
21
(f) Circumstances. The court, when determining whether or
22
not a violation of a protective order has occurred, shall not
23
require physical manifestations of abuse on the person of the
24
victim.
25
(g) Penalties.
26
(1) Except as provided in paragraph (3) of this
SB3141
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LRB104 18882 RLC 32327 b
1
subsection (g), where the court finds the commission of a
2
crime or contempt of court under subsection (a) or (b) of
3
this Section, the penalty shall be the penalty that
4
generally applies in such criminal or contempt
5
proceedings, and may include one or more of the following:
6
incarceration, payment of restitution, a fine, payment of
7
attorneys' fees and costs, or community 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
48
24
hours
20
imprisonment for respondent's first violation of any
21
protective order; and
22
(iii) impose a minimum penalty of
96
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
SB3141
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LRB104 18882 RLC 32327 b
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. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
15
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
16
7-28-23.)
17
Section 10.
The Civil No Contact Order Act is amended by
18
changing Section 220 as follows:
19
(740 ILCS 22/220)
20
Sec. 220.
Enforcement of a civil no contact order.
21
(a) Nothing in this Act shall preclude any Illinois court
22
from enforcing a valid protective order issued in another
23
state or by a military judge.
24
(b) Illinois courts may enforce civil no contact orders
SB3141
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LRB104 18882 RLC 32327 b
1
through both criminal proceedings and civil contempt
2
proceedings, unless the action which is second in time is
3
barred by collateral estoppel or the constitutional
4
prohibition against double jeopardy.
5
(b-1) The court shall not hold a school district or
6
private or non-public school or any of its employees in civil
7
or criminal contempt unless the school district or private or
8
non-public school has been allowed to intervene.
9
(b-2) The court may hold the parents, guardian, or legal
10
custodian of a minor respondent in civil or criminal contempt
11
for a violation of any provision of any order entered under
12
this Act for conduct of the minor respondent in violation of
13
this Act if the parents, guardian, or legal custodian
14
directed, encouraged, or assisted the respondent minor in such
15
conduct.
16
(c) Criminal prosecution. A violation of any civil no
17
contact order, whether issued in a civil or criminal
18
proceeding or by a military judge, shall be enforced by a
19
criminal court when the respondent commits the crime of
20
violation of a civil no contact order pursuant to Section 219
21
by having knowingly violated:
22
(1) remedies described in Section 213 and included in
23
a civil no contact order; or
24
(2) a provision of an order, which is substantially
25
similar to provisions of Section 213, in a valid civil no
26
contact order which is authorized under the laws of
SB3141
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LRB104 18882 RLC 32327 b
1
another state, tribe, or United States territory.
2
Prosecution for a violation of a civil no contact order
3
shall not bar a concurrent prosecution for any other crime,
4
including any crime that may have been committed at the time of
5
the violation of the civil no contact order.
6
(d) Contempt of court. A violation of any valid Illinois
7
civil no contact order, whether issued in a civil or criminal
8
proceeding, may be enforced through civil or criminal contempt
9
procedures, as appropriate, by any court with jurisdiction,
10
regardless of where the act or acts which violated the civil no
11
contact order were committed, to the extent consistent with
12
the venue provisions of this Act.
13
(1) In a contempt proceeding where the petition for a
14
rule to show cause or petition for adjudication of
15
criminal contempt sets forth facts evidencing an immediate
16
danger that the respondent will flee the jurisdiction or
17
inflict physical abuse on the petitioner or minor children
18
or on dependent adults in the petitioner's care, the court
19
may order the attachment of the respondent without prior
20
service of the petition for a rule to show cause, the rule
21
to show cause, the petition for adjudication of criminal
22
contempt or the adjudication of criminal contempt.
23
Conditions of release shall be set unless specifically
24
denied in writing.
25
(2) A petition for a rule to show cause or a petition
26
for adjudication of criminal contempt for violation of a
SB3141
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LRB104 18882 RLC 32327 b
1
civil no contact order shall be treated as an expedited
2
proceeding.
3
(e) Actual knowledge. A civil no contact order may be
4
enforced pursuant to this Section if the respondent violates
5
the order after the respondent has actual knowledge of its
6
contents as shown through one of the following means:
7
(1) by service, delivery, or notice under Section 208;
8
(2) by notice under Section 218;
9
(3) by service of a civil no contact order under
10
Section 218; or
11
(4) by other means demonstrating actual knowledge of
12
the contents of the order.
13
(f) The enforcement of a civil no contact order in civil or
14
criminal court shall not be affected by either of the
15
following:
16
(1) the existence of a separate, correlative order,
17
entered under Section 202; or
18
(2) any finding or order entered in a conjoined
19
criminal proceeding.
20
(g) Circumstances. The court, when determining whether or
21
not a violation of a civil no contact order has occurred, shall
22
not require physical manifestations of abuse on the person of
23
the victim.
24
(h) Penalties.
25
(1) Except as provided in paragraph (3) of this
26
subsection, where the court finds the commission of a
SB3141
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LRB104 18882 RLC 32327 b
1
crime or contempt of court under subsection (a) or (b) of
2
this Section, the penalty shall be the penalty that
3
generally applies in such criminal or contempt
4
proceedings, and may include one or more of the following:
5
incarceration, payment of restitution, a fine, payment of
6
attorneys' fees and costs, or community service.
7
(2) The court shall hear and take into account
8
evidence of any factors in aggravation or mitigation
9
before deciding an appropriate penalty under paragraph (1)
10
of this subsection.
11
(3) To the extent permitted by law, the court is
12
encouraged to:
13
(i) increase the penalty for the knowing violation
14
of any civil no contact order over any penalty
15
previously imposed by any court for respondent's
16
violation of any civil no contact order or penal
17
statute involving petitioner as victim and respondent
18
as defendant;
19
(ii) impose a minimum penalty of
48
24
hours
20
imprisonment for respondent's first violation of any
21
civil no contact order; and
22
(iii) impose a minimum penalty of
96
48
hours
23
imprisonment for respondent's second or subsequent
24
violation of a civil no contact order unless the court
25
explicitly finds that an increased penalty or that
26
period of imprisonment would be manifestly unjust.
SB3141
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LRB104 18882 RLC 32327 b
1
(4) In addition to any other penalties imposed for a
2
violation of a civil no contact order, a criminal court
3
may consider evidence of any previous violations of a
4
civil no contact order:
5
(i) to modify the conditions of pretrial release
6
on an underlying criminal charge pursuant to Section
7
110-6 of the Code of Criminal Procedure of 1963;
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; or
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. 103-407, eff. 7-28-23.)
15
Section 15.
The Illinois Domestic Violence Act of 1986 is
16
amended by changing Section 223 as follows:
17
(750 ILCS 60/223)
(from Ch. 40, par. 2312-23)
18
Sec. 223.
Enforcement of orders of protection.
19
(a) When violation is crime. A violation of any order of
20
protection, whether issued in a civil or criminal proceeding
21
or by a military judge, shall be enforced by a criminal court
22
when:
23
(1) The respondent commits the crime of violation of
24
an order of protection pursuant to Section 12-3.4 or 12-30
SB3141
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LRB104 18882 RLC 32327 b
1
of the Criminal Code of 1961 or the Criminal Code of 2012,
2
by having knowingly violated:
3
(i) remedies described in paragraphs (1), (2),
4
(3), (14), or (14.5) of subsection (b) of Section 214
5
of this Act; or
6
(ii) a remedy, which is substantially similar to
7
the remedies authorized under paragraphs (1), (2),
8
(3), (14), and (14.5) of subsection (b) of Section 214
9
of this Act, in a valid order of protection which is
10
authorized under the laws of another state, tribe, or
11
United States territory; or
12
(iii) any other remedy when the act constitutes a
13
crime against the protected parties as defined by the
14
Criminal Code of 1961 or the Criminal Code of 2012.
15
Prosecution for a violation of an order of protection
16
shall not bar concurrent prosecution for any other crime,
17
including any crime that may have been committed at the
18
time of the violation of the order of protection; or
19
(2) The respondent commits the crime of child
20
abduction pursuant to Section 10-5 of the Criminal Code of
21
1961 or the Criminal Code of 2012, by having knowingly
22
violated:
23
(i) remedies described in paragraphs (5), (6) or
24
(8) of subsection (b) of Section 214 of this Act; or
25
(ii) a remedy, which is substantially similar to
26
the remedies authorized under paragraphs (5), (6), or
SB3141
- 14 -
LRB104 18882 RLC 32327 b
1
(8) of subsection (b) of Section 214 of this Act, in a
2
valid order of protection which is authorized under
3
the laws of another state, tribe, or United States
4
territory.
5
(b) When violation is contempt of court. A violation of
6
any valid Illinois order of protection, whether issued in a
7
civil or criminal proceeding or by a military judge, may be
8
enforced through civil or criminal contempt procedures, as
9
appropriate, by any court with jurisdiction, regardless where
10
the act or acts which violated the order of protection were
11
committed, to the extent consistent with the venue provisions
12
of this Act. Nothing in this Act shall preclude any Illinois
13
court from enforcing any valid order of protection issued in
14
another state. Illinois courts may enforce orders of
15
protection through both criminal prosecution and contempt
16
proceedings, unless the action which is second in time is
17
barred by collateral estoppel or the constitutional
18
prohibition against double jeopardy.
19
(1) In a contempt proceeding where the petition for a
20
rule to show cause sets forth facts evidencing an
21
immediate danger that the respondent will flee the
22
jurisdiction, conceal a child, or inflict physical abuse
23
on the petitioner or minor children or on dependent adults
24
in petitioner's care, the court may order the attachment
25
of the respondent without prior service of the rule to
26
show cause or the petition for a rule to show cause.
SB3141
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LRB104 18882 RLC 32327 b
1
Conditions of release shall be set unless specifically
2
denied in writing.
3
(2) A petition for a rule to show cause for violation
4
of an order of protection shall be treated as an expedited
5
proceeding.
6
(b-1) The court shall not hold a school district or
7
private or non-public school or any of its employees in civil
8
or criminal contempt unless the school district or private or
9
non-public school has been allowed to intervene.
10
(b-2) The court may hold the parents, guardian, or legal
11
custodian of a minor respondent in civil or criminal contempt
12
for a violation of any provision of any order entered under
13
this Act for conduct of the minor respondent in violation of
14
this Act if the parents, guardian, or legal custodian
15
directed, encouraged, or assisted the respondent minor in such
16
conduct.
17
(c) Violation of custody or support orders or temporary or
18
final judgments allocating parental responsibilities. A
19
violation of remedies described in paragraphs (5), (6), (8),
20
or (9) of subsection (b) of Section 214 of this Act may be
21
enforced by any remedy provided by Section 607.5 of the
22
Illinois Marriage and Dissolution of Marriage Act. The court
23
may enforce any order for support issued under paragraph (12)
24
of subsection (b) of Section 214 in the manner provided for
25
under Parts V and VII of the Illinois Marriage and Dissolution
26
of Marriage Act.
SB3141
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LRB104 18882 RLC 32327 b
1
(d) Actual knowledge. An order of protection 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 210.
6
(2) By notice under Section 210.1 or 211.
7
(3) By service of an order of protection under Section
8
222.
9
(4) By other means demonstrating actual knowledge of
10
the contents of the order.
11
(e) The enforcement of an order of protection 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 215.
16
(2) Any finding or order entered in a conjoined
17
criminal proceeding.
18
(f) Circumstances. The court, when determining whether or
19
not a violation of an order of protection has occurred, shall
20
not require physical manifestations of abuse on the person of
21
the victim.
22
(g) 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 subsections (a) or (b) of
26
this Section, the penalty shall be the penalty that
SB3141
- 17 -
LRB104 18882 RLC 32327 b
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 order of protection over any penalty previously
13
imposed by any court for respondent's violation of any
14
order of protection or penal statute involving
15
petitioner as victim and respondent as defendant;
16
(ii) impose a minimum penalty of
48
24
hours
17
imprisonment for respondent's first violation of any
18
order of protection; and
19
(iii) impose a minimum penalty of
96
48
hours
20
imprisonment for respondent's second or subsequent
21
violation of an order of protection
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 an order of protection, a criminal court may
SB3141
- 18 -
LRB104 18882 RLC 32327 b
1
consider evidence of any violations of an order of
2
protection:
3
(i) to increase, revoke or modify the conditions
4
of pretrial release on an underlying criminal charge
5
pursuant to Section 110-6 of the Code of Criminal
6
Procedure of 1963;
7
(ii) to revoke or modify an order of probation,
8
conditional discharge or supervision, pursuant to
9
Section 5-6-4 of the Unified Code of Corrections;
10
(iii) to revoke or modify a sentence of periodic
11
imprisonment, pursuant to Section 5-7-2 of the Unified
12
Code of Corrections.
13
(5) In addition to any other penalties, the court
14
shall impose an additional fine of $20 as authorized by
15
Section 5-9-1.11 of the Unified Code of Corrections upon
16
any person convicted of or placed on supervision for a
17
violation of an order of protection. The additional fine
18
shall be imposed for each violation of this Section.
19
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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