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Public Act 102-0831
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| SB3157 Enrolled | LRB102 20296 LNS 29148 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Stalking No Contact Order Act is amended by |
changing Sections 20 and 95 as follows:
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(740 ILCS 21/20) |
Sec. 20. Commencement of action; filing fees. |
(a) An action for a stalking no contact order is |
commenced: |
(1) independently, by filing a petition for a stalking |
no contact order in any civil court, unless specific |
courts are designated by local rule or order; or |
(2) in conjunction with a delinquency petition or a |
criminal prosecution as provided in Article 112A of the |
Code of Criminal Procedure of 1963. |
(a-5) When a petition for an emergency stalking no contact |
order is filed, the petition and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, victim advocate, counsel of record for either |
party, and the State's Attorney for the county shall not be |
publicly available until the petition is served on the |
respondent. |
(b) Withdrawal or dismissal of any petition for a stalking |
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no contact order prior to adjudication where the petitioner is |
represented by the State shall operate as a dismissal without |
prejudice. No action for a stalking no contact order shall be |
dismissed because the respondent is being prosecuted for a |
crime against the petitioner. For any action commenced under |
item (2) of subsection (a) of this Section, dismissal of the |
conjoined case (or a finding of not guilty) shall not require |
dismissal of the action for a stalking no contact order; |
instead, it may be treated as an independent action and, if |
necessary and appropriate, transferred to a different court or |
division. |
(c) No fee shall be charged by the clerk of the court for |
filing petitions or modifying or certifying orders. No fee |
shall be charged by the sheriff for service by the sheriff of a |
petition, rule, motion, or order in an action commenced under |
this Section. |
(d) The court shall provide, through the office of the |
clerk of the court, simplified forms for filing of a petition |
under this Section by any person not represented by counsel.
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(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
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(740 ILCS 21/95) |
Sec. 95. Emergency stalking no contact order. |
(a) An emergency stalking no contact order shall issue if |
the petitioner satisfies the requirements of this subsection |
(a). The petitioner shall establish that: |
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(1) the court has jurisdiction under Section 50; |
(2) the requirements of Section 80 are satisfied; and |
(3) there is good cause to grant the remedy, |
regardless of prior service of process or of notice upon |
the respondent, because the harm which that remedy is |
intended to prevent would be likely to occur if the |
respondent were given any prior notice, or greater notice |
than was actually given, of the petitioner's efforts to |
obtain judicial relief. |
An emergency stalking no contact order shall be issued by |
the court if it appears from the contents of the petition and |
the examination of the petitioner that the averments are |
sufficient to indicate stalking by the respondent and to |
support the granting of relief under the issuance of the |
stalking no contact order. |
An emergency stalking no contact order shall be issued if |
the court finds that items (1), (2), and (3) of this subsection |
(a) are met. |
(a-5) When a petition for an emergency stalking no contact |
order is granted, the petition, order, and file shall not be |
public and shall only be accessible to the court, law |
enforcement, petitioner, victim advocate, counsel of record |
for either party, and the State's Attorney for the county |
shall not be publicly available until the order is served on |
the respondent. |
(b) If the respondent appears in court for this hearing |
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for an emergency order, he or she may elect to file a general |
appearance and testify. Any resulting order may be an |
emergency order, governed by this Section. Notwithstanding the |
requirements of this Section, if all requirements of Section |
100 have been met, the court may issue a plenary order. |
(c) Emergency orders; court holidays and evenings. |
(1) When the court is unavailable at the close of |
business, the petitioner may file a petition for a 21-day |
emergency order before any available circuit judge or |
associate judge who may grant relief under this Act. If |
the judge finds that there is an immediate and present |
danger of abuse against the petitioner and that the |
petitioner has satisfied the prerequisites set forth in |
subsection (a), that judge may issue an emergency stalking |
no contact order. |
(2) The chief judge of the circuit court may designate |
for each county in the circuit at least one judge to be |
reasonably available to issue orally, by telephone, by |
facsimile, or otherwise, an emergency stalking no contact |
order at all times, whether or not the court is in session. |
(3) Any order issued under this Section and any |
documentation in support of the order shall be certified |
on the next court day to the appropriate court. The clerk |
of that court shall immediately assign a case number, file |
the petition, order, and other documents with the court, |
and enter the order of record and file it with the sheriff |
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for service, in accordance with Section 60. Filing the |
petition shall commence proceedings for further relief |
under Section 20. Failure to comply with the requirements |
of this paragraph (3) does not affect the validity of the |
order.
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(Source: P.A. 101-255, eff. 1-1-20.)
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Section 10. The Civil No Contact Order Act is amended by |
changing Sections 202, 213, and 214 as follows:
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(740 ILCS 22/202)
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Sec. 202. Commencement of action; filing fees.
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(a) An action for a civil no contact order is commenced:
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(1) independently, by filing a petition for a civil no |
contact order in any civil court,
unless specific courts |
are designated by local rule or order; or
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(2) in conjunction with a
delinquency
petition or a |
criminal prosecution as provided in Article 112A of the |
Code of Criminal Procedure of 1963.
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(a-5) When a petition for an emergency a civil no contact |
order is filed, the petition and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, rape crisis advocate, counsel of record for either |
party, and the State's Attorney for the county shall not be |
publicly available until the petition is served on the |
respondent. |
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(b) Withdrawal or dismissal of any petition for a
civil no |
contact order
prior to adjudication where the petitioner is |
represented by the State shall
operate as a dismissal without |
prejudice. No action for a civil no contact
order shall be |
dismissed because the respondent is being prosecuted for a |
crime
against the petitioner. For any action commenced under |
item (2) of subsection
(a) of
this Section, dismissal of the |
conjoined case (or a finding of not guilty)
shall not require |
dismissal of the action for a civil no contact order;
instead, |
it may be treated as an independent action and, if necessary |
and
appropriate, transferred to a different court or division.
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(c) No fee shall be
charged by the clerk of the court for |
filing petitions or modifying or
certifying orders. No
fee
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shall be charged by the sheriff for service by the sheriff of a
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petition, rule, motion, or order in an action commenced under |
this
Section.
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(d) The court shall provide, through the office
of the |
clerk of the court, simplified forms for filing of a petition |
under this Section by any
person not represented by counsel.
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(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
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(740 ILCS 22/213)
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(Text of Section before amendment by P.A. 102-220)
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Sec. 213. Civil no contact order; remedies.
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(a) If the court finds that the petitioner has been a |
victim of
non-consensual sexual conduct or non-consensual |
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sexual penetration, a civil no
contact order shall issue; |
provided that the petitioner must also satisfy the
|
requirements of Section
214 on emergency orders or Section 215 |
on plenary orders. The petitioner
shall not be denied a civil |
no contact order because the petitioner or the
respondent is a |
minor. The court, when
determining whether or not to issue a |
civil no contact order, may not
require physical injury on the |
person of the victim.
Modification and extension of prior |
civil no contact orders shall be in
accordance with this Act.
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(a-5) (Blank). When a petition for a civil no contact |
order is granted, the order shall not be publicly available |
until the order is served on the respondent. |
(b) (Blank).
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(b-5) The court may provide relief as follows: |
(1) prohibit the respondent from knowingly coming |
within, or knowingly remaining within, a specified |
distance from the petitioner; |
(2) restrain the respondent from having any contact, |
including nonphysical contact, with the petitioner |
directly, indirectly, or through third parties, regardless |
of whether those third parties know of the order; |
(3) prohibit the respondent from knowingly coming |
within, or knowingly remaining within, a specified |
distance from the petitioner's residence, school, day care |
or other specified location; |
(4) order the respondent to stay away from any |
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property or animal owned, possessed, leased, kept, or held |
by the petitioner and forbid the respondent from taking, |
transferring, encumbering, concealing, harming, or |
otherwise disposing of the property or animal; and |
(5) order any other injunctive relief as necessary or |
appropriate for the protection of the petitioner. |
(b-6) When the petitioner and the respondent attend the |
same public or private elementary, middle, or high school, the |
court when issuing a civil no contact order and providing |
relief shall consider the severity of the act, any continuing |
physical danger or emotional distress to the petitioner, the |
educational rights guaranteed to the petitioner and respondent |
under federal and State law, the availability of a transfer of |
the respondent to another school, a change of placement or a |
change of program of the respondent, the expense, difficulty, |
and educational disruption that would be caused by a transfer |
of the respondent to another school, and any other relevant |
facts of the case. The court may order that the respondent not |
attend the public, private, or non-public elementary, middle, |
or high school attended by the petitioner, order that the |
respondent accept a change of placement or program, as |
determined by the school district or private or non-public |
school, or place restrictions on the respondent's movements |
within the school attended by the petitioner.
The respondent |
bears the burden of proving by a preponderance of the evidence |
that a transfer, change of placement, or change of program of |
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the respondent is not available. The respondent also bears the |
burden of production with respect to the expense, difficulty, |
and educational disruption that would be caused by a transfer |
of the respondent to another school. A transfer, change of |
placement, or change of program is not unavailable to the |
respondent solely on the ground that the respondent does not |
agree with the school district's or private or non-public |
school's transfer, change of placement, or change of program |
or solely on the ground that the respondent fails or refuses to |
consent to or otherwise does not take an action required to |
effectuate a transfer, change of placement, or change of |
program.
When a court orders a respondent to stay away from the |
public, private, or non-public school attended by the |
petitioner and the respondent requests a transfer to another |
attendance center within the respondent's school district or |
private or non-public school, the school district or private |
or non-public school shall have sole discretion to determine |
the attendance center to which the respondent is transferred.
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In the event the court order results in a transfer of the minor |
respondent to another attendance center, a change in the |
respondent's placement, or a change of the respondent's |
program, the parents, guardian, or legal custodian of the |
respondent is responsible for transportation and other costs |
associated with the transfer or change. |
(b-7) The court may order the parents, guardian, or legal |
custodian of a minor respondent to take certain actions or to |
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refrain from taking certain actions to ensure that the |
respondent complies with the order. In the event the court |
orders a transfer of the respondent to another school, the |
parents or legal guardians of the respondent are responsible |
for transportation and other costs associated with the change |
of school by the respondent. |
(c) Denial of a remedy may not be based, in whole or in |
part, on
evidence that:
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(1) the respondent has cause for any use of force, |
unless that
cause satisfies the standards for justifiable |
use of force provided
by Article 7 of the Criminal Code of |
2012;
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(2) the respondent was voluntarily intoxicated;
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(3) the petitioner acted in self-defense or defense of |
another,
provided that, if the petitioner utilized force, |
such force was
justifiable under Article 7 of the Criminal |
Code of 2012;
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(4) the petitioner did not act in self-defense or |
defense of
another;
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(5) the petitioner left the residence or household to |
avoid
further non-consensual sexual conduct or |
non-consensual sexual penetration
by the respondent; or
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(6) the petitioner did not leave the residence or |
household to
avoid further non-consensual sexual conduct |
or non-consensual sexual
penetration by the respondent.
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(d) Monetary damages are not recoverable as a remedy.
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(Source: P.A. 101-255, eff. 1-1-20.)
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(Text of Section after amendment by P.A. 102-220)
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Sec. 213. Civil no contact order; remedies.
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(a) If the court finds that the petitioner has been a |
victim of
non-consensual sexual conduct or non-consensual |
sexual penetration, a civil no
contact order shall issue; |
provided that the petitioner must also satisfy the
|
requirements of Section
214 on emergency orders or Section 215 |
on plenary orders. The petitioner
shall not be denied a civil |
no contact order because the petitioner or the
respondent is a |
minor. The court, when
determining whether or not to issue a |
civil no contact order, may not
require physical injury on the |
person of the victim.
Modification and extension of prior |
civil no contact orders shall be in
accordance with this Act.
|
(a-5) (Blank). When a petition for a civil no contact |
order is granted, the order shall not be publicly available |
until the order is served on the respondent. |
(b) (Blank).
|
(b-5) The court may provide relief as follows: |
(1) prohibit the respondent from knowingly coming |
within, or knowingly remaining within, a specified |
distance from the petitioner; |
(2) restrain the respondent from having any contact, |
including nonphysical contact and electronic communication |
as defined in Section 26.5-0.1 of the Criminal Code of |
|
2012, with the petitioner directly, indirectly, or through |
third parties, regardless of whether those third parties |
know of the order; |
(3) prohibit the respondent from knowingly coming |
within, or knowingly remaining within, a specified |
distance from the petitioner's residence, school, day care |
or other specified location; |
(4) order the respondent to stay away from any |
property or animal owned, possessed, leased, kept, or held |
by the petitioner and forbid the respondent from taking, |
transferring, encumbering, concealing, harming, or |
otherwise disposing of the property or animal; and |
(5) order any other injunctive relief as necessary or |
appropriate for the protection of the petitioner. |
(b-6) When the petitioner and the respondent attend the |
same public or private elementary, middle, or high school, the |
court when issuing a civil no contact order and providing |
relief shall consider the severity of the act, any continuing |
physical danger or emotional distress to the petitioner, the |
educational rights guaranteed to the petitioner and respondent |
under federal and State law, the availability of a transfer of |
the respondent to another school, a change of placement or a |
change of program of the respondent, the expense, difficulty, |
and educational disruption that would be caused by a transfer |
of the respondent to another school, and any other relevant |
facts of the case. The court may order that the respondent not |
|
attend the public, private, or non-public elementary, middle, |
or high school attended by the petitioner, order that the |
respondent accept a change of placement or program, as |
determined by the school district or private or non-public |
school, or place restrictions on the respondent's movements |
within the school attended by the petitioner.
The respondent |
bears the burden of proving by a preponderance of the evidence |
that a transfer, change of placement, or change of program of |
the respondent is not available. The respondent also bears the |
burden of production with respect to the expense, difficulty, |
and educational disruption that would be caused by a transfer |
of the respondent to another school. A transfer, change of |
placement, or change of program is not unavailable to the |
respondent solely on the ground that the respondent does not |
agree with the school district's or private or non-public |
school's transfer, change of placement, or change of program |
or solely on the ground that the respondent fails or refuses to |
consent to or otherwise does not take an action required to |
effectuate a transfer, change of placement, or change of |
program.
When a court orders a respondent to stay away from the |
public, private, or non-public school attended by the |
petitioner and the respondent requests a transfer to another |
attendance center within the respondent's school district or |
private or non-public school, the school district or private |
or non-public school shall have sole discretion to determine |
the attendance center to which the respondent is transferred.
|
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In the event the court order results in a transfer of the minor |
respondent to another attendance center, a change in the |
respondent's placement, or a change of the respondent's |
program, the parents, guardian, or legal custodian of the |
respondent is responsible for transportation and other costs |
associated with the transfer or change. |
(b-7) The court may order the parents, guardian, or legal |
custodian of a minor respondent to take certain actions or to |
refrain from taking certain actions to ensure that the |
respondent complies with the order. In the event the court |
orders a transfer of the respondent to another school, the |
parents or legal guardians of the respondent are responsible |
for transportation and other costs associated with the change |
of school by the respondent. |
(c) Denial of a remedy may not be based, in whole or in |
part, on
evidence that:
|
(1) the respondent has cause for any use of force, |
unless that
cause satisfies the standards for justifiable |
use of force provided
by Article 7 of the Criminal Code of |
2012;
|
(2) the respondent was voluntarily intoxicated;
|
(3) the petitioner acted in self-defense or defense of |
another,
provided that, if the petitioner utilized force, |
such force was
justifiable under Article 7 of the Criminal |
Code of 2012;
|
(4) the petitioner did not act in self-defense or |
|
defense of
another;
|
(5) the petitioner left the residence or household to |
avoid
further non-consensual sexual conduct or |
non-consensual sexual penetration
by the respondent; or
|
(6) the petitioner did not leave the residence or |
household to
avoid further non-consensual sexual conduct |
or non-consensual sexual
penetration by the respondent.
|
(d) Monetary damages are not recoverable as a remedy.
|
(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)
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(740 ILCS 22/214)
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Sec. 214. Emergency civil no contact order.
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(a) An emergency civil no contact order shall issue if
the |
petitioner satisfies the requirements of this subsection (a). |
The
petitioner
shall establish that:
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(1) the court has jurisdiction under Section 206;
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(2) the requirements of Section 213 are satisfied; and
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(3) there is good cause to grant the remedy, |
regardless of
prior service of process or of notice upon |
the respondent, because
the harm which that remedy is |
intended to
prevent would be likely to occur if the |
respondent were given
any prior notice, or greater notice |
than was actually given, of
the petitioner's efforts to |
obtain judicial relief.
|
An emergency civil no contact order shall be issued by the |
court if it appears from the contents of the petition and the |
|
examination of the petitioner that the averments are |
sufficient to indicate nonconsensual sexual conduct or |
nonconsensual sexual penetration by the respondent and to |
support the granting of relief under the issuance of the civil |
no contact order.
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An emergency civil no contact order shall be issued if the |
court finds that subsections (1), (2), and (3) above are met.
|
(a-5) When a petition for a civil no contact order is |
granted, the petition, order, and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, rape crisis advocate, counsel of record for either |
party, and the State's Attorney for the county until the |
petition is served on the respondent. |
(b) If the respondent appears in court for
this hearing |
for an emergency order, he or she may elect to file a
general |
appearance and testify. Any resulting order may be an |
emergency
order, governed by this Section. Notwithstanding the |
requirements of
this Section, if all requirements of Section |
215 have been met, the
court may issue a plenary order.
|
(c) Emergency orders; court holidays and evenings.
|
(1) When the court is unavailable at the close
of |
business, the petitioner may file a petition for a 21-day
|
emergency order before any available circuit judge or |
associate
judge who may grant relief under this Act. If |
the judge finds that
there is an immediate and present |
danger of
abuse against the petitioner and
that the |
|
petitioner has satisfied the prerequisites set forth in
|
subsection (a), that judge may issue an emergency
civil no |
contact order.
|
(2) The chief judge of the circuit court
may designate |
for each county in the circuit at least one judge to
be |
reasonably available to issue orally, by telephone, by |
facsimile,
or otherwise, an emergency civil no contact |
order at all times, whether
or not the court is in session.
|
(3) Any order issued under this
Section and any |
documentation in support of the order shall be certified
|
on the next court day to the appropriate court. The clerk |
of that
court shall immediately assign a case number, file |
the petition,
order, and other documents with the court, |
and enter the order of
record and file it with the sheriff |
for service, in accordance with
Section 222. Filing the |
petition shall commence proceedings for
further relief |
under Section 202. Failure to comply with the
requirements |
of this paragraph (3) does not affect the validity of the
|
order.
|
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; |
94-360, eff. 1-1-06.)
|
Section 15. The Illinois Domestic Violence Act of 1986 is |
amended by changing Section 217 as follows:
|
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
|
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Sec. 217. Emergency order of protection.
|
(a) Prerequisites. An emergency order of protection shall |
issue if
petitioner satisfies the requirements of this |
subsection for one or more of the
requested remedies. For each |
remedy requested, petitioner shall establish
that:
|
(1) The court has jurisdiction under Section 208;
|
(2) The requirements of Section 214 are satisfied; and
|
(3) There is good cause to grant the remedy, |
regardless of prior service
of process or of notice upon |
the respondent, because:
|
(i) For
the remedies of "prohibition of abuse" |
described in
Section 214(b)(1), "stay away order and |
additional prohibitions" described in
Section
|
214(b)(3), "removal or concealment of minor child" |
described in Section
214(b)(8), "order to appear" |
described in Section 214(b)(9), "physical
care and |
possession of the minor child" described in Section |
214(b)(5),
"protection of property" described in |
Section 214(b)(11), "prohibition
of entry" described |
in Section 214(b)(14), "prohibition of firearm |
possession" described in Section 214(b)(14.5), |
"prohibition of access to
records" described in |
Section 214(b)(15), and "injunctive relief"
described |
in Section 214(b)(16), the harm which that remedy
is |
intended to prevent would be likely to occur if the |
respondent were given
any prior notice, or greater |
|
notice than was actually given, of the
petitioner's |
efforts to obtain judicial relief;
|
(ii) For the remedy of "grant of exclusive |
possession of
residence" described in Section |
214(b)(2), the immediate danger of further
abuse of |
petitioner by respondent,
if petitioner chooses or had |
chosen to remain in the residence or household
while |
respondent was given any prior notice or greater |
notice than was
actually given of petitioner's efforts |
to obtain judicial relief,
outweighs the hardships to |
respondent of an emergency order
granting petitioner |
exclusive possession of the residence or household.
|
This remedy shall not be denied because petitioner has |
or could obtain
temporary shelter elsewhere while |
prior notice is given to respondent, unless
the
|
hardships to respondent from exclusion from the home |
substantially outweigh
those to petitioner;
|
(iii) For the remedy of "possession of personal |
property"
described in
Section 214(b)(10), improper |
disposition of the personal
property would be likely
|
to occur if respondent were given any prior notice, or |
greater notice than
was actually given, of |
petitioner's efforts to obtain judicial relief, or
|
petitioner has an immediate and pressing need for |
possession of that property.
|
An emergency order may not include the counseling, legal |
|
custody, payment
of support or monetary compensation remedies.
|
(a-5) When a petition for an emergency order of protection |
is granted, the order and file shall not be public and shall |
only be accessible to the court, petitioner, law enforcement, |
domestic violence advocate or counselor, counsel of record for |
either party, and the State's Attorney for the county shall |
not be publicly available until the order is served on the |
respondent. |
(b) Appearance by respondent.
If respondent appears in |
court for this hearing for an emergency order,
he or she may |
elect to file a general appearance and testify.
Any resulting |
order may be an emergency order, governed
by this Section.
|
Notwithstanding the requirements of this Section, if all |
requirements of
Section 218 have been met, the court may issue |
a 30-day interim order.
|
(c) Emergency orders: court holidays and evenings.
|
(1) Prerequisites. When the court is unavailable at |
the close of
business, the petitioner may file a petition |
for a 21-day emergency order
before any available circuit |
judge or associate judge who may grant relief
under this |
Act. If the judge finds that there is an immediate and |
present
danger of abuse to petitioner and that petitioner |
has satisfied the
prerequisites set forth in subsection |
(a) of Section 217, that judge may
issue an emergency |
order of protection.
|
(1.5) Issuance of order. The chief judge of the |
|
circuit court
may designate for each county in the circuit |
at least one judge to be
reasonably available to
issue |
orally, by telephone, by facsimile, or otherwise, an |
emergency
order of protection at all times, whether or not |
the court is in session.
|
(2) Certification and transfer. The judge who issued |
the order under this Section shall promptly communicate or |
convey the order to the sheriff to facilitate the entry of |
the order into the Law Enforcement Agencies Data System by |
the Department of State Police pursuant to Section 302. |
Any order issued under this Section and
any documentation |
in support thereof shall be certified on the next court
|
day to the appropriate court. The clerk of that court |
shall immediately
assign a case number, file the petition, |
order and other documents with the
court, and enter the |
order of record and file it with the sheriff for
service, |
in accordance with Section 222. Filing the petition
shall |
commence proceedings for further relief under Section 202.
|
Failure to comply with the requirements of this subsection |
shall not
affect the validity of the order.
|
(Source: P.A. 101-255, eff. 1-1-20.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |