Required Notice of Intent to Contact a Victim; Requiring specified persons acting on behalf of a criminal defendant to file a specified notice within a specified timeframe before contacting a victim in a criminal proceeding for a specified purpose; requiring that such notice be filed on a standard form developed by the state attorney in each judicial circuit, etc.
Arrest and Search Warrants; Authorizing a judge to issue an arrest warrant or issue a summons or a notice to appear in lieu of an arrest warrant under specified circumstances if a complaint alleges only the commission of a misdemeanor offense; authorizing, rather than requiring, a trial court judge to issue a summons under specified circumstances when a complaint is for a misdemeanor that the trial court judge is not empowered to try summarily; expanding the circumstances under which an arrest by an officer without a warrant is lawful to include when there is probable cause to believe that a person has committed a criminal act in violation of an injunction for protection against stalking or cyberstalking or has committed an act that constitutes driving under the influence or boating under the influence, etc.
Interpersonal Violence Injunctions; Revising the required forms, motions, and information all clerk of the court offices must provide to assist petitioners; requiring the court, upon the filing of a domestic violence petition, to review the petition ex parte and set a final hearing at the earliest possible time under certain circumstances; revising what the clerk of the court, within a specified timeframe after the court sets the case for a final hearing, is required to transmit to the sheriff or a law enforcement agency for service; prohibiting a court from issuing mutual orders of protection, etc.
Representation by Counsel in Hearings on Petitions for Risk Protection Orders; Provides respondent has right to be represented by an attorney in risk protection order proceeding & right to have counsel appointed if he or she is indigent & desires representation; authorizes appointed private attorney to be compensated; requires specified notice to respondent; authorizes public defender or regional counsel to represent respondent in specified circumstances; specifies a compensation limitation for appointed private counsel.
Domestic Violence and Protective Injunctions; Providing enhanced penalties for committing a domestic violence offense if a person has a prior conviction for domestic violence; authorizing, and in certain circumstances requiring, a court to order electronic monitoring in domestic violence cases; revising the information contained in a petition for injunction for protection against domestic violence; increasing the maximum payment amounts for relocation assistance for victims of domestic violence, etc.
Felony Battery; Revising the elements of the offense of battery by strangulation to delete creating a risk of or causing great bodily harm to another; revising the elements of the offense of domestic battery by strangulation to delete creating a risk of or causing great bodily harm to another; reclassifying the offense of battery by strangulation for the purposes of the offense severity ranking chart of the Criminal Punishment Code, etc.
Protective Injunctions and Protection Orders; Requires respondent to surrender to local law enforcement agency all firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of final judgment on injunction for protection against domestic violence; provides for surrender & storage of firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of protective injunction; requires law enforcement agencies to develop certain policies & procedures; provides for return of firearms, ammunition, & licenses to carry concealed weapon or firearm when protective injunction is vacated, terminated, or otherwise rendered no longer affective; authorizes respondent to elect to transfer all firearms & ammunition surrendered or seized by law enforcement agency to another person; revises criminal penalty for second or subsequent violation of injunction for protection against domestic violence or foreign protection order.
Public Records/Petitions for Injunctions for Protection Against Serious Violence by a Known Person; Providing an exemption from public records requirements for petitions, and the contents thereof, for injunctions for protection against serious violence by a known person; providing an exemption from public records requirements for information that can be used to identify a petitioner or respondent in such a petition for an injunction; providing a statement of public necessity, etc.
Injunctions for Protection; Defining the terms “serious violence by a known person” and “serious bodily injury”; creating a cause of action for an injunction for protection in cases of serious violence by a known person; prohibiting the clerk of the court from assessing a fee for the filing of such injunction for protection; requiring the clerk of the court to electronically transmit copies of specified documents within a certain timeframe after a court issues such injunction for protection; requiring law enforcement officers to accept a certified copy of such injunction for protection from the petitioner and immediately serve it upon a respondent, etc.
Victims of Domestic Violence and Dating Violence; Requiring the Division of Telecommunications within the Department of Management Services to consult with certain entities to conduct a feasibility study regarding a specified alert system; providing requirements for such alert system; authorizing victims of dating violence to apply to participate in the Attorney General’s address confidentiality program; requiring the Attorney General to designate certain entities to assist victims of dating violence applying to be address confidentiality program participants, etc.
