Criminal Justice (Domestic Violence)

Amends the Code of Criminal Procedure of 1963. Restores certain provisions of Code of Criminal Procedure of 1963 concerning cash bail to the form in which they existed before their amendment by Public Act 101-652 by amendment or reenactment with specified modifications. Establishes additional pretrial procedures. Amends the Statute on Statutes to provide that whenever there is a reference in any Act to the term "pretrial release", "denial of pretrial release", "conditions of pretrial release", or "violations of the conditions of pretrial release", the terms shall be construed to mean "bail", "denial of bail", "conditions of bail", or "forfeiture of bail" respectively. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall provide to the victim at pretrial stages of the proceedings notification of all pretrial hearings, all bail decisions, conditions of release related to the victim's safety, the defendant's release from custody, and instructions on seeking enforcement of release conditions. Amends the Pretrial Services Act. Provides that pretrial services agencies shall implement a system of court date reminders, including location, date, and time of the court appearance. Provides that reminders shall be provided one to 3 days prior to each scheduled court appearance. Establishes responsibilities of the Administrative Office of the Illinois Courts concerning pretrial services. Amends the Unified Code of Corrections. Provides for specified offenses for which the domestic violence surveillance program is applicable. Provides that the supervising authority shall use the best available global positioning technology to track domestic violence offenders, if available and reliable in the supervising authority's jurisdiction.

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 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.

Amends the Criminal Code of 2012. Creates the offense of domestic assault. Provides that a person commits the offense when, without lawful authority, he or she knowingly engages in conduct that places any family or household member in reasonable apprehension of great bodily harm, or permanent disability or disfigurement. Provides that if the defendant is arrested for domestic assault, upon release of the defendant from custody pending trial, the court, at the preliminary examination, shall order that the defendant refrain from contact or communication with the victim of the domestic assault and refrain from entering or remaining at the victim's residence for a minimum of 72 consecutive hours. Provides that domestic assault is a Class A misdemeanor. Defines "family or household member".

Amends the Code of Criminal Procedure of 1963. Provides that in cases involving domestic violence or sex offenses, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age, the presumption is that the defendant is to be detained, unless the judge makes a finding that the defendant is not a threat to the alleged victim, witnesses, or community. Provides that upon this finding, the defendant is entitled to be released on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense and complies with all terms of pretrial release. 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 domestic battery or aggravated domestic battery or a sex offense, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age and the judge cannot make a finding that (rather than it is alleged that) the defendant's pretrial release does not pose (rather than poses) a real and present threat to the safety of the victim, the victim's family, or society (rather than any person or persons or the community), based on the specific articulable facts of the case.

SB 290 increases penalties for violating court-issued protection orders by elevating the offense from a Class 4 felony to a Class 3 felony. This applies specifically to individuals with prior convictions for domestic battery, violation of protection orders, or similar offenses against family members. Repeat violations now require a minimum 24-hour jail sentence, though courts may waive this if they deem it unjust. The bill does not change how protection orders are issued but makes legal consequences more severe for repeat offenders.

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.

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.