Public Act 93-0236
HB1400 Enrolled LRB093 07935 LCB 08126 b
AN ACT concerning civil no contact orders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE I
GENERAL PROVISIONS
Section 101. Short title. This Act may be cited as the
Civil No Contact Order Act.
Section 102. Purpose. Sexual assault is the most
heinous crime against another person short of murder. Sexual
assault inflicts humiliation, degradation, and terror on
victims. According to the FBI, a woman is raped every 6
minutes in the United States. Rape is recognized as the most
underreported crime; estimates suggest that only one in seven
rapes is reported to authorities. Victims who do not report
the crime still desire safety and protection from future
interactions with the offender. Some cases in which the rape
is reported are not prosecuted. In these situations, the
victim should be able to seek a civil remedy requiring only
that the offender stay away from the victim.
Section 103. Definitions. As used in this Act:
"Abuse" means physical abuse, harassment, intimidation of
a dependent, or interference with personal liberty.
"Civil no contact order" means an emergency order or
plenary order granted under this Act, which includes a remedy
authorized by Section 213 of this Act.
"Non-consensual" means a lack of freely given agreement.
"Petitioner" means any named petitioner for the no
contact order or any named victim of non-consensual sexual
conduct or non-consensual sexual penetration on whose behalf
the petition is brought.
"Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs, anus,
or breast of the petitioner or the respondent, or any part of
the body of a child under 13 years of age, or any transfer or
transmission of semen by the respondent upon any part of the
clothed or unclothed body of the petitioner, for the purpose
of sexual gratification or arousal of the petitioner or the
respondent.
"Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person by an object, the
sex organ, mouth or anus of another person, or any intrusion,
however slight, of any part of the body of one person or of
any animal or object into the sex organ or anus of another
person, including but not limited to cunnilingus, fellatio or
anal penetration. Evidence of emission of semen is not
required to prove sexual penetration.
ARTICLE II
CIVIL NO CONTACT ORDERS
Section 201. Persons protected by this Act. A petition
for a civil no contact order may be filed:
(1) by any person who is a victim of non-consensual
sexual conduct or non-consensual sexual penetration,
including a single incident of non-consensual sexual
conduct or non-consensual sexual penetration; or
(2) by a person on behalf of a minor child or an
adult who is a victim of non-consensual sexual conduct or
non-consensual sexual penetration but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
Section 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(1) independently, by filing a civil 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, by filing a petition for a civil no
contact order under the same case number as the
delinquency petition or criminal prosecution, to be
granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 of the
Juvenile Court Act of 1987 or as a condition of release,
supervision, conditional discharge, probation, periodic
imprisonment, parole, or mandatory supervised release, or
in conjunction with imprisonment or a bond forfeiture
warrant, provided that (i) the violation is alleged in an
information, complaint, indictment, or delinquency
petition on file and the alleged victim is a person
protected by this Act, and (ii) the petition, which is
filed by the State's Attorney, names a victim of the
alleged crime as a petitioner.
(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.
(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 and clerical assistance
to help with the writing and filing of a petition under this
Section by any person not represented by counsel.
Section 203. Pleading; non-disclosure of address.
(a) A petition for a civil no contact order shall be in
writing and verified or accompanied by affidavit and shall
allege that the petitioner has been the victim of
non-consensual sexual conduct or non-consensual sexual
penetration by the respondent.
(b) If the petition states that disclosure of the
petitioner's address would risk abuse of the petitioner or
any member of the petitioner's family or household, that
address may be omitted from all documents filed with the
court. If the petitioner has not disclosed an address under
this subsection, the petitioner shall designate an
alternative address at which the respondent may serve notice
of any motions.
Section 204. Application of rules of civil procedure;
rape crisis advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a
civil no contact order shall be governed by the rules of
civil procedure of this State. The standard of proof in such
a proceeding is proof by a preponderance of the evidence. The
Code of Civil Procedure and Supreme Court and local court
rules applicable to civil proceedings shall apply, except as
otherwise provided by this Act.
(b) In circuit courts, rape crisis advocates shall be
allowed to accompany the victim and confer with the victim,
unless otherwise directed by the court. Court administrators
shall allow rape crisis advocates to assist victims of
non-consensual sexual conduct or non-consensual sexual
penetration in the preparation of petitions for civil no
contact orders. Rape crisis advocates are not engaged in the
unauthorized practice of law when providing assistance of the
types specified in this subsection (b). Communications
between the petitioner and a rape crisis advocate are
protected by the confidentiality of statements made to rape
crisis personnel as provided for in Section 8-802.1 of the
Code of Civil Procedure.
Section 204.5. Trial by jury. There shall be no right to
trial by jury in any proceeding to obtain, modify, vacate or
extend any civil no contact order under this Act. However,
nothing in this Section shall deny any existing right to
trial by jury in a criminal proceeding.
Section 205. Subject matter jurisdiction. Each of the
circuit courts has the power to issue civil no contact
orders.
Section 206. Jurisdiction over persons. The courts of
this State have jurisdiction to bind (1) State residents and
(2) non-residents having minimum contacts with this State, to
the extent permitted by the long-arm statute, Section 2-209
of the Code of Civil Procedure.
Section 207. Venue. A petition for a civil no contact
order may be filed in any county where (1) the petitioner
resides, (2) the respondent resides, or (3) the alleged
non-consensual sexual conduct or non-consensual sexual
penetration occurred.
Section 208. Process.
(a) Any action for a civil no contact order requires
that a separate summons be issued and served. The summons
shall be in the form prescribed by Supreme Court Rule 101(d),
except that it shall require the respondent to answer or
appear within 7 days. Attachments to the summons or notice
shall include the petition for civil no contact order and
supporting affidavits, if any, and any emergency civil no
contact order that has been issued.
(b) The summons shall be served by the sheriff or other
law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar
emergency nature. Special process servers may be appointed at
any time, and their designation shall not affect the
responsibilities and authority of the sheriff or other
official process servers.
(c) Service of process on a member of the respondent's
household or by publication shall be adequate if: (1) the
petitioner has made all reasonable efforts to accomplish
actual service of process personally upon the respondent, but
the respondent cannot be found to effect such service; and
(2) the petitioner files an affidavit or presents sworn
testimony as to those efforts.
(d) A plenary civil no contact order may be entered by
default for the remedy sought in the petition, if the
respondent has been served or given notice in accordance with
subsection (a) and if the respondent then fails to appear as
directed or fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.
Section 209. Service of notice of hearings. Except as
provided in Section 208, notice of hearings on petitions or
motions shall be served in accordance with Supreme Court
Rules 11 and 12, unless notice is excused by Section 214 of
this Act or by the Code of Civil Procedure, Supreme Court
Rules, or local rules.
Section 210. Hearings. A petition for a civil no contact
order shall be treated as an expedited proceeding, and no
court may transfer or otherwise decline to decide all or part
of such petition. Nothing in this Section shall prevent the
court from reserving issues if jurisdiction or notice
requirements are not met.
Section 211. Continuances.
(a) Petitions for emergency remedies shall be granted or
denied in accordance with the standards of Section 214,
regardless of the respondent's appearance or presence in
court.
(b) Any action for a civil no contact order is an
expedited proceeding. Continuances shall be granted only for
good cause shown and kept to the minimum reasonable duration,
taking into account the reasons for the continuance.
Section 212. Hearsay exception.
(a) In proceedings for a no contact order and
prosecutions for violating a no-contact order, the prior
sexual activity or the reputation of the petitioner is
inadmissible except:
(1) as evidence concerning the past sexual conduct
of the petitioner with the respondent when this evidence
is offered by the respondent upon the issue of whether
the petitioner consented to the sexual conduct with
respect to which the offense is alleged; or
(2) when constitutionally required to be admitted.
(b) No evidence admissible under this Section may be
introduced unless ruled admissible by the trial judge after
an offer of proof has been made at a hearing held in camera
to determine whether the respondent has evidence to impeach
the witness in the event that prior sexual activity with the
respondent is denied. The offer of proof shall include
reasonably specific information as to the date, time, and
place of the past sexual conduct between the petitioner and
the respondent. Unless the court finds that reasonably
specific information as to date, time, or place, or some
combination thereof, has been offered as to prior sexual
activity with the respondent, counsel for the respondent
shall be ordered to refrain from inquiring into prior sexual
activity between the petitioner and the respondent. The court
may not admit evidence under this Section unless it
determines at the hearing that the evidence is relevant and
the probative value of the evidence outweighs the danger of
unfair prejudice. The evidence shall be admissible at trial
to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which
the petitioner may be examined or cross examined.
Section 213. Civil no contact order; remedy.
(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.
(b) A civil no contact order shall order one or more of
the following:
(1) order the respondent to stay away from the
petitioner;
(2) order the respondent to stay away from any
other person protected by the civil no contact order;
(3) prohibit the respondent from abuse, as defined
in this Act, or stalking of the petitioner, as defined in
Section 12-7.3 of the Criminal Code of 1961, if the abuse
or stalking has occurred or otherwise appears likely to
occur if not prohibited; or
(4) prohibit the respondent from entering or
remaining present at the petitioner's school or place of
employment, or both, or other specified places at times
when the petitioner is present, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
the respondent has no right to enter the premises.
(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 VII of the Criminal Code
of 1961;
(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 VII of
the Criminal Code of 1961;
(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.
Section 213.5. Accountability for actions of others. For
the purposes of issuing a civil no contact order, deciding
what remedies should be included and enforcing the order,
Article 5 of the Criminal Code of 1961 shall govern whether
respondent is legally accountable for the conduct of another
person.
Section 214. Emergency civil no contact order.
(a) An emergency civil no contact order shall issue if
the petitioner satisfies the requirements of this subsection
(a). The petitioner shall establish that:
(1) the court has jurisdiction under Section 208;
(2) the requirements of Section 213 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.
(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.
Section 215. Plenary civil no contact order. A plenary
civil no contact order shall issue if the petitioner has
served notice of the hearing for that order on the
respondent, in accordance with Section 209, and satisfies the
requirements of this Section. The petitioner must establish
that:
(1) the court has jurisdiction under Section 206;
(2) the requirements of Section 213 are satisfied;
(3) a general appearance was made or filed by or
for the respondent or process was served on the
respondent in the manner required by Section 208; and
(4) the respondent has answered or is in default.
Section 216. Duration and extension of orders.
(a) Unless re-opened or extended or voided by entry of
an order of greater duration, an emergency order shall be
effective for not less than 14 nor more than 21 days.
(b) Except as otherwise provided in this Section, a
plenary civil no contact order shall be effective for a fixed
period of time, not to exceed 2 years. A plenary civil no
contact order entered in conjunction with a criminal
prosecution shall remain in effect as follows:
(1) if entered during pre-trial release, until
disposition, withdrawal, or dismissal of the
underlying charge; if however, the case is continued
as an independent cause of action, the order's
duration may be for a fixed period of time not to
exceed 2 years;
(2) if in effect in conjunction with a bond
forfeiture warrant, until final disposition or an
additional period of time not exceeding 2 years; no
order of protection, however, shall be terminated by
a dismissal that is accompanied by the issuance of a
bond forfeiture warrant;
(3) until expiration of any supervision,
conditional discharge, probation, periodic
imprisonment, parole, or mandatory supervised
release and for an additional period of time
thereafter not exceeding 2 years; or
(4) until the date set by the court for
expiration of any sentence of imprisonment and
subsequent parole or mandatory supervised release
and for an additional period of time thereafter not
exceeding 2 years.
(c) Any emergency or plenary order may be extended one
or more times, as required, provided that the requirements of
Section 214 or 215, as appropriate, are satisfied. If the
motion for extension is uncontested and the petitioner seeks
no modification of the order, the order may be extended on
the basis of the petitioner's motion or affidavit stating
that there has been no material change in relevant
circumstances since entry of the order and stating the reason
for the requested extension. Extensions may be granted only
in open court and not under the provisions of subsection (c)
of Section 214, which applies only when the court is
unavailable at the close of business or on a court holiday.
(d) Any civil no contact order which would expire on a
court holiday shall instead expire at the close of the next
court business day.
(e) The practice of dismissing or suspending a criminal
prosecution in exchange for the issuance of a civil no
contact order undermines the purposes of this Act. This
Section shall not be construed as encouraging that practice.
Section 217. Contents of orders.
(a) Any civil no contact order shall describe each
remedy granted by the court, in reasonable detail and not by
reference to any other document, so that the respondent may
clearly understand what he or she must do or refrain from
doing.
(b) A civil no contact order shall further state the
following:
(1) The name of each petitioner that the court
finds was the victim of non-consensual sexual conduct or
non-consensual sexual penetration by the respondent and
the name of each other person protected by the order and
that the person is protected by this Act.
(2) The date and time the civil no contact order
was issued, whether it is an emergency or plenary order,
and the duration of the order.
(3) The date, time, and place for any scheduled
hearing for extension of that civil no contact order or
for another order of greater duration or scope.
(4) For each remedy in an emergency civil no
contact order, the reason for entering that remedy
without prior notice to the respondent or greater notice
than was actually given.
(c) A civil no contact order shall include the following
notice, printed in conspicuous type: "Any knowing violation
of a civil no contact order is a Class A misdemeanor. Any
second or subsequent violation is a Class 4 felony."
Section 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the
clerk shall immediately, or on the next court day if an
emergency order is issued in accordance with subsection (c)
of Section 214:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the
petitioner may, on the same day that a civil no contact order
is issued, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Department of State Police records or charged
with serving the order upon the respondent. If the order was
issued in accordance with subsection (c) of Section 214, the
clerk shall, on the next court day, file a certified copy of
the order with the Sheriff or other law enforcement officials
charged with maintaining Department of State Police records.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement
official, or special process server shall promptly serve that
order upon the respondent and file proof of such service in
the manner provided for service of process in civil
proceedings. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification. A single fee may be charged for service of an
order obtained in civil court, or for service of such an
order together with process, unless waived or deferred under
Section 208.
(d) If the person against whom the civil no contact
order is issued is arrested and the written order is issued
in accordance with subsection (c) of Section 214 and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the
petition for civil no contact order or receipt of the order
issued under Section 214 of this Act.
(e) Any order extending, modifying, or revoking any
civil no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours
of the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of the order along
with a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.
Section 219. Violation. A knowing violation of a civil no
contact order is a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
ARTICLE III
LAW ENFORCEMENT RESPONSIBILITIES
Section 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest
without warrant if the officer has probable cause to believe
that the person has committed or is committing a violation of
a civil no contact order.
(b) The law enforcement officer may verify the existence
of a civil no contact order by telephone or radio
communication with his or her law enforcement agency or by
referring to the copy of the order provided by the petitioner
or the respondent.
Section 302. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Department of
State Police, on the same day as received, in the form and
detail the Department requires, copies of any recorded
emergency or plenary civil no contact orders issued by the
court and transmitted to the sheriff by the clerk of the
court in accordance with subsection (b) of Section 218 of
this Act. Each civil no contact order shall be entered in the
Law Enforcement Agencies Data System on the same day it is
issued by the court. If an emergency civil no contact order
was issued in accordance with subsection (c) of Section 214,
the order shall be entered in the Law Enforcement Agencies
Data System as soon as possible after receipt from the clerk
of the court.
(b) The Department of State Police shall maintain a
complete and systematic record and index of all valid and
recorded civil no contact orders issued under this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
non-consensual sexual conduct or non-consensual sexual
penetration or violation of a civil no contact order of any
recorded prior incident of non-consensual sexual conduct or
non-consensual sexual penetration involving the victim and
the effective dates and terms of any recorded civil no
contact order.