104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2934

 

Introduced 1/27/2026, by Sen. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 205/6.7 new
750 ILCS 60/214  from Ch. 40, par. 2312-14
750 ILCS 60/222  from Ch. 40, par. 2312-22
750 ILCS 60/222.15 new
750 ILCS 60/223  from Ch. 40, par. 2312-23
750 ILCS 60/305  from Ch. 40, par. 2313-5

    Amends the Attorney General Act. Requires the Attorney General to develop and provide guidance for electronic service by law enforcement of orders of protection issued under the Illinois Domestic Violence Act of 1986. Amends the Illinois Domestic Violence Act of 1986. Provides that if petitioner is granted a stay-away order, the court may order local law enforcement, to the extent possible, to periodically monitor the petitioner's residence, periodically patrol near the petitioner's residence, and investigate whether a violation of the order of protection has occurred. Permits electronic service of an order of protection after 2 unsuccessful attempts of personal service. Provides the circumstances in which electronic service may be used. Makes other changes.


LRB104 17679 JRC 31110 b

 

 

A BILL FOR

 

SB2934LRB104 17679 JRC 31110 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Attorney General Act is amended by adding
5Section 6.7 as follows:
 
6    (15 ILCS 205/6.7 new)
7    Sec. 6.7. Guidance and procedures for electronic service.
8The General Assembly finds that the Illinois Domestic Violence
9Act of 1986's goals of supporting and protecting victims from
10further abuse require strategic and vigilant action from the
11court and law enforcement. To assist these efforts, the Office
12of the Attorney General shall develop and provide guidance and
13procedures for attempting electronic service, as allowed under
14the Illinois Domestic Violence Act of 1986. Access to
15electronic service simplifies and modernizes courts, reduces
16costs, guarantees actual notice to the respondent, and
17minimizes delays and the need for more hearings, all of which
18can hinder access to justice and undermine judicial economy.
 
19    Section 10. The Illinois Domestic Violence Act of 1986 is
20amended by changing Sections 214, 222, 223, and 305 and by
21adding Section 222.15 as follows:
 

 

 

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1    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
2    Sec. 214. Order of protection; remedies.
3    (a) Issuance of order. If the court finds that petitioner
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused,
6neglected, or exploited, as defined in this Act, an order of
7protection prohibiting the abuse, neglect, or exploitation
8shall issue; provided that petitioner must also satisfy the
9requirements of one of the following Sections, as appropriate:
10Section 217 on emergency orders, Section 218 on interim
11orders, or Section 219 on plenary orders. Petitioner shall not
12be denied an order of protection because petitioner or
13respondent is a minor. The court, when determining whether or
14not to issue an order of protection, shall not require
15physical manifestations of abuse on the person of the victim.
16Modification and extension of prior orders of protection shall
17be in accordance with this Act.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as
21appropriate: Section 217 on emergency orders, Section 218 on
22interim orders, and Section 219 on plenary orders. The
23remedies listed in this subsection shall be in addition to
24other civil or criminal remedies available to petitioner.
25        (1) Prohibition of abuse, neglect, or exploitation.
26    Prohibit respondent's harassment, interference with

 

 

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1    personal liberty, intimidation of a dependent, physical
2    abuse, or willful deprivation, neglect or exploitation, as
3    defined in this Act, or stalking of the petitioner, as
4    defined in Section 12-7.3 of the Criminal Code of 2012, if
5    such abuse, neglect, exploitation, or stalking has
6    occurred or otherwise appears likely to occur if not
7    prohibited.
8        (2) Grant of exclusive possession of residence.
9    Prohibit respondent from entering or remaining in any
10    residence, household, or premises of the petitioner,
11    including one owned or leased by respondent, if petitioner
12    has a right to occupancy thereof. The grant of exclusive
13    possession of the residence, household, or premises shall
14    not affect title to real property, nor shall the court be
15    limited by the standard set forth in subsection (c-2) of
16    Section 501 of the Illinois Marriage and Dissolution of
17    Marriage Act.
18            (A) Right to occupancy. A party has a right to
19        occupancy of a residence or household if it is solely
20        or jointly owned or leased by that party, that party's
21        spouse, a person with a legal duty to support that
22        party or a minor child in that party's care, or by any
23        person or entity other than the opposing party that
24        authorizes that party's occupancy (e.g., a domestic
25        violence shelter). Standards set forth in subparagraph
26        (B) shall not preclude equitable relief.

 

 

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1            (B) Presumption of hardships. If petitioner and
2        respondent each has the right to occupancy of a
3        residence or household, the court shall balance (i)
4        the hardships to respondent and any minor child or
5        dependent adult in respondent's care resulting from
6        entry of this remedy with (ii) the hardships to
7        petitioner and any minor child or dependent adult in
8        petitioner's care resulting from continued exposure to
9        the risk of abuse (should petitioner remain at the
10        residence or household) or from loss of possession of
11        the residence or household (should petitioner leave to
12        avoid the risk of abuse). When determining the balance
13        of hardships, the court shall also take into account
14        the accessibility of the residence or household.
15        Hardships need not be balanced if respondent does not
16        have a right to occupancy.
17            The balance of hardships is presumed to favor
18        possession by petitioner unless the presumption is
19        rebutted by a preponderance of the evidence, showing
20        that the hardships to respondent substantially
21        outweigh the hardships to petitioner and any minor
22        child or dependent adult in petitioner's care. The
23        court, on the request of petitioner or on its own
24        motion, may order respondent to provide suitable,
25        accessible, alternate housing for petitioner instead
26        of excluding respondent from a mutual residence or

 

 

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1        household.
2        (3) Stay away order and additional prohibitions. Order
3    respondent to stay away from petitioner or any other
4    person protected by the order of protection, or prohibit
5    respondent from entering or remaining present at
6    petitioner's school, place of employment, or other
7    specified places at times when petitioner is present, or
8    both, if reasonable, given the balance of hardships.
9    Hardships need not be balanced for the court to enter a
10    stay away order or prohibit entry if respondent has no
11    right to enter the premises.
12            (A) If an order of protection grants petitioner
13        exclusive possession of the residence, or prohibits
14        respondent from entering the residence, or orders
15        respondent to stay away from petitioner or other
16        protected persons, then the court may allow respondent
17        access to the residence to remove items of clothing
18        and personal adornment used exclusively by respondent,
19        medications, and other items as the court directs. The
20        right to access shall be exercised on only one
21        occasion as the court directs and in the presence of an
22        agreed-upon adult third party or law enforcement
23        officer.
24            (B) When the petitioner and the respondent attend
25        the same public, private, or non-public elementary,
26        middle, or high school, the court when issuing an

 

 

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1        order of protection and providing relief shall
2        consider the severity of the act, any continuing
3        physical danger or emotional distress to the
4        petitioner, the educational rights guaranteed to the
5        petitioner and respondent under federal and State law,
6        the availability of a transfer of the respondent to
7        another school, a change of placement or a change of
8        program of the respondent, the expense, difficulty,
9        and educational disruption that would be caused by a
10        transfer of the respondent to another school, and any
11        other relevant facts of the case. The court may order
12        that the respondent not attend the public, private, or
13        non-public elementary, middle, or high school attended
14        by the petitioner, order that the respondent accept a
15        change of placement or change of program, as
16        determined by the school district or private or
17        non-public school, or place restrictions on the
18        respondent's movements within the school attended by
19        the petitioner. The respondent bears the burden of
20        proving by a preponderance of the evidence that a
21        transfer, change of placement, or change of program of
22        the respondent is not available. The respondent also
23        bears the burden of production with respect to the
24        expense, difficulty, and educational disruption that
25        would be caused by a transfer of the respondent to
26        another school. A transfer, change of placement, or

 

 

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1        change of program is not unavailable to the respondent
2        solely on the ground that the respondent does not
3        agree with the school district's or private or
4        non-public school's transfer, change of placement, or
5        change of program or solely on the ground that the
6        respondent fails or refuses to consent or otherwise
7        does not take an action required to effectuate a
8        transfer, change of placement, or change of program.
9        When a court orders a respondent to stay away from the
10        public, private, or non-public school attended by the
11        petitioner and the respondent requests a transfer to
12        another attendance center within the respondent's
13        school district or private or non-public school, the
14        school district or private or non-public school shall
15        have sole discretion to determine the attendance
16        center to which the respondent is transferred. In the
17        event the court order results in a transfer of the
18        minor respondent to another attendance center, a
19        change in the respondent's placement, or a change of
20        the respondent's program, the parents, guardian, or
21        legal custodian of the respondent is responsible for
22        transportation and other costs associated with the
23        transfer or change.
24            (C) The court may order the parents, guardian, or
25        legal custodian of a minor respondent to take certain
26        actions or to refrain from taking certain actions to

 

 

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1        ensure that the respondent complies with the order. In
2        the event the court orders a transfer of the
3        respondent to another school, the parents, guardian,
4        or legal custodian of the respondent is responsible
5        for transportation and other costs associated with the
6        change of school by the respondent.
7        (4) Counseling. Require or recommend the respondent to
8    undergo counseling for a specified duration with a social
9    worker, psychologist, clinical psychologist,
10    psychiatrist, family service agency, alcohol or substance
11    abuse program, mental health center guidance counselor,
12    agency providing services to elders, program designed for
13    domestic violence abusers or any other guidance service
14    the court deems appropriate. The Court may order the
15    respondent in any intimate partner relationship to report
16    to an Illinois Department of Human Services protocol
17    approved partner abuse intervention program for an
18    assessment and to follow all recommended treatment.
19        (5) Physical care and possession of the minor child.
20    In order to protect the minor child from abuse, neglect,
21    or unwarranted separation from the person who has been the
22    minor child's primary caretaker, or to otherwise protect
23    the well-being of the minor child, the court may do either
24    or both of the following: (i) grant petitioner physical
25    care or possession of the minor child, or both, or (ii)
26    order respondent to return a minor child to, or not remove

 

 

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1    a minor child from, the physical care of a parent or person
2    in loco parentis.
3        If a court finds, after a hearing, that respondent has
4    committed abuse (as defined in Section 103) of a minor
5    child, there shall be a rebuttable presumption that
6    awarding physical care to respondent would not be in the
7    minor child's best interest.
8        (6) Temporary allocation of parental responsibilities:
9    significant decision-making. Award temporary
10    decision-making responsibility to petitioner in accordance
11    with this Section, the Illinois Marriage and Dissolution
12    of Marriage Act, the Illinois Parentage Act of 2015, and
13    this State's Uniform Child-Custody Jurisdiction and
14    Enforcement Act.
15        If a court finds, after a hearing, that respondent has
16    committed abuse (as defined in Section 103) of a minor
17    child, there shall be a rebuttable presumption that
18    awarding temporary significant decision-making
19    responsibility to respondent would not be in the child's
20    best interest.
21        (7) Parenting time. Determine the parenting time, if
22    any, of respondent in any case in which the court awards
23    physical care or allocates temporary significant
24    decision-making responsibility of a minor child to
25    petitioner. The court shall restrict or deny respondent's
26    parenting time with a minor child if the court finds that

 

 

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1    respondent has done or is likely to do any of the
2    following: (i) abuse or endanger the minor child during
3    parenting time; (ii) use the parenting time as an
4    opportunity to abuse or harass petitioner or petitioner's
5    family or household members; (iii) improperly conceal or
6    detain the minor child; or (iv) otherwise act in a manner
7    that is not in the best interests of the minor child. The
8    court shall not be limited by the standards set forth in
9    Section 603.10 of the Illinois Marriage and Dissolution of
10    Marriage Act. If the court grants parenting time, the
11    order shall specify dates and times for the parenting time
12    to take place or other specific parameters or conditions
13    that are appropriate. No order for parenting time shall
14    refer merely to the term "reasonable parenting time".
15        Petitioner may deny respondent access to the minor
16    child if, when respondent arrives for parenting time,
17    respondent is under the influence of drugs or alcohol and
18    constitutes a threat to the safety and well-being of
19    petitioner or petitioner's minor children or is behaving
20    in a violent or abusive manner.
21        If necessary to protect any member of petitioner's
22    family or household from future abuse, respondent shall be
23    prohibited from coming to petitioner's residence to meet
24    the minor child for parenting time, and the parties shall
25    submit to the court their recommendations for reasonable
26    alternative arrangements for parenting time. A person may

 

 

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1    be approved to supervise parenting time only after filing
2    an affidavit accepting that responsibility and
3    acknowledging accountability to the court.
4        (8) Removal or concealment of minor child. Prohibit
5    respondent from removing a minor child from the State or
6    concealing the child within the State.
7        (9) Order to appear. Order the respondent to appear in
8    court, alone or with a minor child, to prevent abuse,
9    neglect, removal or concealment of the child, to return
10    the child to the custody or care of the petitioner or to
11    permit any court-ordered interview or examination of the
12    child or the respondent.
13        (10) Possession of personal property. Grant petitioner
14    exclusive possession of personal property and, if
15    respondent has possession or control, direct respondent to
16    promptly make it available to petitioner, if:
17            (i) petitioner, but not respondent, owns the
18        property; or
19            (ii) the parties own the property jointly; sharing
20        it would risk abuse of petitioner by respondent or is
21        impracticable; and the balance of hardships favors
22        temporary possession by petitioner.
23        If petitioner's sole claim to ownership of the
24    property is that it is marital property, the court may
25    award petitioner temporary possession thereof under the
26    standards of subparagraph (ii) of this paragraph only if a

 

 

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1    proper proceeding has been filed under the Illinois
2    Marriage and Dissolution of Marriage Act, as now or
3    hereafter amended.
4        No order under this provision shall affect title to
5    property.
6        (11) Protection of property. Forbid the respondent
7    from taking, transferring, encumbering, concealing,
8    damaging or otherwise disposing of any real or personal
9    property, except as explicitly authorized by the court,
10    if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the parties own the property jointly, and the
14        balance of hardships favors granting this remedy.
15        If petitioner's sole claim to ownership of the
16    property is that it is marital property, the court may
17    grant petitioner relief under subparagraph (ii) of this
18    paragraph only if a proper proceeding has been filed under
19    the Illinois Marriage and Dissolution of Marriage Act, as
20    now or hereafter amended.
21        The court may further prohibit respondent from
22    improperly using the financial or other resources of an
23    aged member of the family or household for the profit or
24    advantage of respondent or of any other person.
25        (11.5) Protection of animals. Grant the petitioner the
26    exclusive care, custody, or control of any animal owned,

 

 

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1    possessed, leased, kept, or held by either the petitioner
2    or the respondent or a minor child residing in the
3    residence or household of either the petitioner or the
4    respondent and order the respondent to stay away from the
5    animal and forbid the respondent from taking,
6    transferring, encumbering, concealing, harming, or
7    otherwise disposing of the animal.
8        (12) Order for payment of support. Order respondent to
9    pay temporary support for the petitioner or any child in
10    the petitioner's care or over whom the petitioner has been
11    allocated parental responsibility, when the respondent has
12    a legal obligation to support that person, in accordance
13    with the Illinois Marriage and Dissolution of Marriage
14    Act, which shall govern, among other matters, the amount
15    of support, payment through the clerk and withholding of
16    income to secure payment. An order for child support may
17    be granted to a petitioner with lawful physical care of a
18    child, or an order or agreement for physical care of a
19    child, prior to entry of an order allocating significant
20    decision-making responsibility. Such a support order shall
21    expire upon entry of a valid order allocating parental
22    responsibility differently and vacating the petitioner's
23    significant decision-making authority, unless otherwise
24    provided in the order.
25        (13) Order for payment of losses. Order respondent to
26    pay petitioner for losses suffered as a direct result of

 

 

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1    the abuse, neglect, or exploitation. Such losses shall
2    include, but not be limited to, medical expenses, lost
3    earnings or other support, repair or replacement of
4    property damaged or taken, reasonable attorney's fees,
5    court costs and moving or other travel expenses, including
6    additional reasonable expenses for temporary shelter and
7    restaurant meals.
8            (i) Losses affecting family needs. If a party is
9        entitled to seek maintenance, child support or
10        property distribution from the other party under the
11        Illinois Marriage and Dissolution of Marriage Act, as
12        now or hereafter amended, the court may order
13        respondent to reimburse petitioner's actual losses, to
14        the extent that such reimbursement would be
15        "appropriate temporary relief", as authorized by
16        subsection (a)(3) of Section 501 of that Act.
17            (ii) Recovery of expenses. In the case of an
18        improper concealment or removal of a minor child, the
19        court may order respondent to pay the reasonable
20        expenses incurred or to be incurred in the search for
21        and recovery of the minor child, including but not
22        limited to legal fees, court costs, private
23        investigator fees, and travel costs.
24        (14) Prohibition of entry. Prohibit the respondent
25    from entering or remaining in the residence or household
26    while the respondent is under the influence of alcohol or

 

 

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1    drugs and constitutes a threat to the safety and
2    well-being of the petitioner or the petitioner's children.
3        (14.5) Prohibition of possession of firearms and
4    firearm parts; search and seizure of firearms and firearms
5    parts.
6            (A)(i) Prohibit a respondent against whom an
7        emergency, interim, or plenary order of protection was
8        issued from possessing, during the duration of the
9        order, any firearms or firearm parts that could be
10        assembled into an operable firearm if a search warrant
11        is issued under (A-1) or the order:
12                (aa) was issued after a hearing of which such
13            person received actual notice, and at which such
14            person had an opportunity to participate, or the
15            petitioner has satisfied the requirements of
16            Section 217;
17                (bb) restrains such person from using physical
18            force; harassing, stalking, or threatening an
19            intimate partner of such person or child of such
20            intimate partner or person; or engaging in other
21            conduct that would place an intimate partner in
22            reasonable fear of bodily injury to the partner or
23            child; and
24                (cc) includes a finding that such person
25            represents a credible threat to the physical
26            safety of such intimate partner or child.

 

 

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1            (ii) The court shall order any respondent
2        prohibited from possessing firearms under item (i) of
3        subparagraph (A) to surrender any firearms or firearm
4        parts that could be assembled to make an operable
5        firearm. Any firearms or firearm parts on the
6        respondent's person or at the place of service shall
7        be surrendered to the serving officers at the time of
8        service of the order of protection, and any other
9        firearms or firearm parts shall be surrendered to
10        local law enforcement within 24 hours of service of
11        the order of protection. Any Firearm Owner's
12        Identification Card or Concealed Carry License in the
13        possession of the respondent, except as provided in
14        subparagraph (B), shall also be ordered by the court
15        to be turned over to the officer serving the order of
16        protection at the time of service or, if not on the
17        respondent's person or at the location where the
18        respondent is served at the time of service, to local
19        law enforcement within 24 hours of service of the
20        order of protection. The law enforcement agency shall
21        immediately mail the card, as well as any license, to
22        the Illinois State Police Firearm Owner's
23        Identification Card Office for safekeeping.
24            (A-1)(i) Upon issuance of an emergency, interim,
25        or plenary order of protection and subject to the
26        provisions of item (ii) of this subparagraph (A-1),

 

 

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1        the court shall issue a search warrant for the seizure
2        of any firearms or firearm parts that could be
3        assembled to make an operable firearm belonging to the
4        respondent if the court, based upon sworn testimony,
5        finds that:
6                (aa) the respondent poses a credible threat to
7            the physical safety of the petitioner protected by
8            the order of protection; and
9                (bb) probable cause exists to believe that:
10                    (I) the respondent possesses firearms or
11                firearm parts that could be assembled to make
12                an operable firearm;
13                    (II) the firearms or firearm parts that
14                could be assembled to make an operable firearm
15                are located at the residence, vehicle, or
16                other property of the respondent to be
17                searched; and
18                    (III) the credible threat to the physical
19                safety of the petitioner protected by the
20                order of protection is immediate and present.
21            The record shall reflect the court's findings in
22        determining whether the search warrant shall be
23        issued.
24            (ii) If the petitioner does not seek a warrant
25        under this subparagraph (A-1) or the court determines
26        that the requirements of this subparagraph (A-1) have

 

 

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1        not been met, relief under subparagraph (A) alone may
2        be granted.
3            (iii) An ex parte search warrant shall be granted
4        under this subparagraph (A-1) only if the court finds
5        that:
6                (aa) the elements of item (i) of subparagraph
7            (A-1) have been met;
8                (bb) personal injury to the petitioner is
9            likely to occur if the respondent received prior
10            notice; and
11                (cc) the petitioner has otherwise satisfied
12            the requirements of Section 217 of this Act.
13            (iv) Oral testimony is sufficient in lieu of an
14        affidavit to support a finding of probable cause.
15            (v) A search warrant issued under this
16        subparagraph (A-1) shall be directed by the court for
17        enforcement to the law enforcement agency with primary
18        responsibility for responding to calls for service at
19        the location to be searched or to another appropriate
20        law enforcement agency if justified by the
21        circumstances. The search warrant shall specify with
22        particularity the scope of the search, including the
23        property to be searched, and shall direct the law
24        enforcement agency to seize the respondent's firearms
25        and firearm parts that could be assembled to make an
26        operable firearm. Law enforcement shall also be

 

 

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1        directed to seize any Firearm Owner's Identification
2        Card and any Concealed Carry License belonging to the
3        respondent.
4             (vi) The petitioner shall prepare an information
5        sheet, reviewed by the court, for law enforcement at
6        the time the warrant is granted. The information sheet
7        shall include:
8                (aa) contact information for the petitioner,
9            the petitioner's attorney, or both, including a
10            telephone number and email, if available;
11                (bb) a physical description of the respondent,
12            including the respondent's date of birth, if
13            known, or approximate age, height, weight, race,
14            and hair color;
15                (cc) days and times that the respondent is
16            likely to be at the property to be searched, if
17            known; and
18                (dd) whether people other than the respondent
19            are likely to be present at the property to be
20            searched and when, if known.
21            (vii) The information sheet shall be transmitted
22        to the law enforcement agency to which the search
23        warrant is directed in the same manner as the warrant
24        is transmitted under Section 222 of this Act.
25            (viii) If the court, after determining a search
26        warrant should issue, finds that the petitioner has

 

 

SB2934- 20 -LRB104 17679 JRC 31110 b

1        made a credible report of domestic violence to the
2        local law enforcement agency within the previous 90
3        days, law enforcement shall execute the warrant no
4        later than 96 hours after receipt of the warrant. If
5        the court finds that petitioner has not made such a
6        report, the law enforcement agency to which the court
7        has directed the warrant shall, within 48 hours of
8        receipt, evaluate the warrant and seek any corrections
9        to the warrant, and, if applicable, add to or negate
10        the warrant. The record shall reflect the court's
11        findings in determining whether to correct, add, or
12        negate the warrant. If a change is made regarding the
13        search warrant, law enforcement shall execute the
14        warrant no later than 96 hours after the correction is
15        issued. The law enforcement agency shall notify the
16        petitioner of any changes to the warrant or if the
17        warrant has been negated. The law enforcement agency
18        to which the court has directed the warrant may
19        coordinate with other law enforcement agencies to
20        execute the warrant. A return of the warrant shall be
21        filed by the law enforcement agency within 24 hours of
22        execution, setting forth the time, date, and location
23        where the warrant was executed and what items, if any,
24        were seized. If the court is not in session, the return
25        information shall be returned on the next date the
26        court is in session. Subject to the provisions of this

 

 

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1        Section, peace officers shall have the same authority
2        to execute a warrant issued pursuant to this
3        subsection as a warrant issued under Article 108 of
4        the Code of Criminal Procedure of 1963.
5            (ix) Upon discovering a defect in the search
6        warrant, the appropriate law enforcement agency may
7        petition the court to correct the warrant. The law
8        enforcement agency shall notify the petitioner of any
9        such correction.
10            (x) Upon petition by the appropriate law
11        enforcement agency, the court may modify the search
12        warrant or extend the time to execute the search
13        warrant for a period of no more than 96 hours. In
14        determining whether to modify or extend the warrant,
15        the court shall consider:
16                (aa) any increased risk to the petitioner's
17            safety that may result from a modification or
18            extension of the warrant;
19                (bb) any unnecessary risk to law enforcement
20            that would be mitigated by a modification or
21            extension of the warrant;
22                (cc) any risks to third parties at the
23            location to be searched that would be mitigated by
24            a modification or extension of the warrant; and
25                (dd) the likelihood of successful execution of
26            warrant.

 

 

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1            The record shall reflect the court's findings in
2        determining whether to extend or modify the warrant.
3        The law enforcement agency shall notify the petitioner
4        of any modification or extension of the warrant.
5            (xi) Service of any order of protection shall, to
6        the extent possible, be concurrent with the execution
7        of any search warrant under this paragraph.
8            (B) If the respondent is a peace officer as
9        defined in Section 2-13 of the Criminal Code of 2012,
10        the court shall order that any firearms used by the
11        respondent in the performance of his or her duties as a
12        peace officer be surrendered to the chief law
13        enforcement executive of the agency in which the
14        respondent is employed, who shall retain the firearms
15        for safekeeping for the duration of the order of
16        protection.
17            (C)(i) Any firearms or firearm parts that could be
18        assembled to make an operable firearm shall be kept by
19        the law enforcement agency that took possession of the
20        items for safekeeping, except as provided in
21        subparagraph (B). The period of safekeeping shall be
22        for the duration of the order of protection. Except as
23        provided in subparagraph (E), the respondent is
24        prohibited from transferring firearms or firearm parts
25        to another individual in lieu of surrender to law
26        enforcement. The law enforcement agency shall provide

 

 

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1        an itemized statement of receipt to the respondent and
2        the court describing any seized or surrendered
3        firearms or firearm parts and informing the respondent
4        that the respondent may seek the return of the
5        respondent's items at the end of the order of
6        protection. The law enforcement agency may enter
7        arrangements, as needed, with federally licensed
8        firearm dealers or other law enforcement agencies for
9        the storage of any firearms seized or surrendered
10        under this subsection.
11            (ii) It is the respondent's responsibility to
12        request the return or reinstatement of any Firearm
13        Owner's Identification Card or Concealed Carry License
14        and notify the Illinois State Police Firearm Owner's
15        Identification Card Office at the end of the Order of
16        Protection.
17            (iii) At the end of the order of protection, a
18        respondent may request the return of any seized or
19        surrendered firearms or firearm parts that could be
20        assembled to make an operable firearm. Such firearms
21        or firearm parts shall be returned within 14 days of
22        the request to the respondent, if the respondent is
23        lawfully eligible to possess firearms, or to a
24        designated third party who is lawfully eligible to
25        possess firearms. If the firearms or firearm parts
26        cannot be returned to respondent because (1) the

 

 

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1        respondent has not requested the return or transfer of
2        the firearms or firearm parts as set forth in this
3        subparagraph, and (2) the respondent cannot be located
4        or fails to respond to more than 3 requests to retrieve
5        the firearms or firearm parts the court may, or is not
6        lawfully eligible to possess a firearm, upon petition
7        from the appropriate law enforcement agency and notice
8        to the respondent at the respondent's last known
9        address, order the law enforcement agency to destroy
10        the firearms or firearm parts; use the firearms or
11        firearm parts for training purposes or for any other
12        application as deemed appropriate by the law
13        enforcement agency; or turn over the firearm or
14        firearm parts to a third party who is lawfully
15        eligible to possess firearms, and who does not reside
16        with respondent.
17            (D)(i) If a person other than the respondent
18        claims title to any firearms and firearm parts that
19        could be assembled to make an operable firearm seized
20        or surrendered under this subsection, the person may
21        petition the court to have the firearm and firearm
22        parts that could be assembled to make an operable
23        firearm returned to him or her with proper notice to
24        the petitioner and respondent. If, at a hearing on the
25        petition, the court determines the person to be the
26        lawful owner of the firearm and firearm parts that

 

 

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1        could be assembled to make an operable firearm, the
2        firearm and firearm parts that could be assembled to
3        make an operable firearm shall be returned to the
4        person, provided that:
5                (aa) the firearm and firearm parts that could
6            be assembled to make an operable firearm are
7            removed from the respondent's custody, control, or
8            possession and the lawful owner agrees to store
9            the firearm and firearm parts that could be
10            assembled to make an operable firearm in a manner
11            such that the respondent does not have access to
12            or control of the firearm and firearm parts that
13            could be assembled to make an operable firearm;
14            and
15                 (bb) the firearm and firearm parts that could
16            be assembled to make an operable firearm are not
17            otherwise unlawfully possessed by the owner.
18            (ii) The person petitioning for the return of his
19        or her firearm and firearm parts that could be
20        assembled to make an operable firearm must swear or
21        affirm by affidavit that he or she:
22                (aa) is the lawful owner of the firearm and
23            firearm parts that could be assembled to make an
24            operable firearm;
25                (bb) shall not transfer the firearm and
26            firearm parts that could be assembled to make an

 

 

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1            operable firearm to the respondent; and
2                (cc) will store the firearm and firearm parts
3            that could be assembled to make an operable
4            firearm in a manner that the respondent does not
5            have access to or control of the firearm and
6            firearm parts that could be assembled to make an
7            operable firearm.
8            (E)(i) The respondent may file a motion to
9        transfer, at the next scheduled hearing, any seized or
10        surrendered firearms or firearm parts to a third
11        party. Notice of the motion shall be provided to the
12        petitioner and the third party must appear at the
13        hearing.
14            (ii) The court may order transfer of the seized or
15        surrendered firearm or firearm parts only if:
16                (aa) the third party transferee affirms by
17            affidavit to the open court that:
18                    (I) the third party transferee does not
19                reside with the respondent;
20                    (II) the respondent does not have access
21                to the location in which the third party
22                transferee intends to keep the firearms or
23                firearm parts;
24                    (III) the third party transferee will not
25                transfer the firearm or firearm parts to the
26                respondent or anyone who resides with the

 

 

SB2934- 27 -LRB104 17679 JRC 31110 b

1                respondent;
2                    (IV) the third party transferee will
3                maintain control and possession of the firearm
4                or firearm parts until otherwise ordered by
5                the court; and
6                    (V) the third party transferee will be
7                subject to criminal penalties for transferring
8                the firearms or firearm parts to the
9                respondent; and
10                (bb) the court finds that:
11                    (I) the respondent holds a valid Firearm
12                Owner's Identification; and
13                    (II) the transfer of firearms or firearm
14                parts to the third party transferee does not
15                place the petitioner or any other protected
16                parties at any additional threat or risk of
17                harm.
18        (15) Prohibition of access to records. If an order of
19    protection prohibits respondent from having contact with
20    the minor child, or if petitioner's address is omitted
21    under subsection (b) of Section 203, or if necessary to
22    prevent abuse or wrongful removal or concealment of a
23    minor child, the order shall deny respondent access to,
24    and prohibit respondent from inspecting, obtaining, or
25    attempting to inspect or obtain, school or any other
26    records of the minor child who is in the care of

 

 

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1    petitioner.
2        (16) Order for payment of shelter services. Order
3    respondent to reimburse a shelter providing temporary
4    housing and counseling services to the petitioner for the
5    cost of the services, as certified by the shelter and
6    deemed reasonable by the court.
7        (17) Order for injunctive relief. Enter injunctive
8    relief necessary or appropriate to prevent further abuse
9    of a family or household member or further abuse, neglect,
10    or exploitation of a high-risk adult with disabilities or
11    to effectuate one of the granted remedies, if supported by
12    the balance of hardships. If the harm to be prevented by
13    the injunction is abuse or any other harm that one of the
14    remedies listed in paragraphs (1) through (16) of this
15    subsection is designed to prevent, no further evidence is
16    necessary that the harm is an irreparable injury.
17        (18) Telephone services.
18            (A) Unless a condition described in subparagraph
19        (B) of this paragraph exists, the court may, upon
20        request by the petitioner, order a wireless telephone
21        service provider to transfer to the petitioner the
22        right to continue to use a telephone number or numbers
23        indicated by the petitioner and the financial
24        responsibility associated with the number or numbers,
25        as set forth in subparagraph (C) of this paragraph.
26        For purposes of this paragraph (18), the term

 

 

SB2934- 29 -LRB104 17679 JRC 31110 b

1        "wireless telephone service provider" means a provider
2        of commercial mobile service as defined in 47 U.S.C.
3        332. The petitioner may request the transfer of each
4        telephone number that the petitioner, or a minor child
5        in his or her custody, uses. The clerk of the court
6        shall serve the order on the wireless telephone
7        service provider's agent for service of process
8        provided to the Illinois Commerce Commission. The
9        order shall contain all of the following:
10                (i) The name and billing telephone number of
11            the account holder including the name of the
12            wireless telephone service provider that serves
13            the account.
14                (ii) Each telephone number that will be
15            transferred.
16                (iii) A statement that the provider transfers
17            to the petitioner all financial responsibility for
18            and right to the use of any telephone number
19            transferred under this paragraph.
20            (B) A wireless telephone service provider shall
21        terminate the respondent's use of, and shall transfer
22        to the petitioner use of, the telephone number or
23        numbers indicated in subparagraph (A) of this
24        paragraph unless it notifies the petitioner, within 72
25        hours after it receives the order, that one of the
26        following applies:

 

 

SB2934- 30 -LRB104 17679 JRC 31110 b

1                (i) The account holder named in the order has
2            terminated the account.
3                (ii) A difference in network technology would
4            prevent or impair the functionality of a device on
5            a network if the transfer occurs.
6                (iii) The transfer would cause a geographic or
7            other limitation on network or service provision
8            to the petitioner.
9                (iv) Another technological or operational
10            issue would prevent or impair the use of the
11            telephone number if the transfer occurs.
12            (C) The petitioner assumes all financial
13        responsibility for and right to the use of any
14        telephone number transferred under this paragraph. In
15        this paragraph, "financial responsibility" includes
16        monthly service costs and costs associated with any
17        mobile device associated with the number.
18            (D) A wireless telephone service provider may
19        apply to the petitioner its routine and customary
20        requirements for establishing an account or
21        transferring a number, including requiring the
22        petitioner to provide proof of identification,
23        financial information, and customer preferences.
24            (E) Except for willful or wanton misconduct, a
25        wireless telephone service provider is immune from
26        civil liability for its actions taken in compliance

 

 

SB2934- 31 -LRB104 17679 JRC 31110 b

1        with a court order issued under this paragraph.
2            (F) All wireless service providers that provide
3        services to residential customers shall provide to the
4        Illinois Commerce Commission the name and address of
5        an agent for service of orders entered under this
6        paragraph (18). Any change in status of the registered
7        agent must be reported to the Illinois Commerce
8        Commission within 30 days of such change.
9            (G) The Illinois Commerce Commission shall
10        maintain the list of registered agents for service for
11        each wireless telephone service provider on the
12        Commission's website. The Commission may consult with
13        wireless telephone service providers and the Circuit
14        Court Clerks on the manner in which this information
15        is provided and displayed.
16    (c) Relevant factors; findings.
17        (1) In determining whether to grant a specific remedy,
18    other than payment of support, the court shall consider
19    relevant factors, including but not limited to the
20    following:
21            (i) the nature, frequency, severity, pattern and
22        consequences of the respondent's past abuse, neglect
23        or exploitation of the petitioner or any family or
24        household member, including the concealment of his or
25        her location in order to evade service of process or
26        notice, and the likelihood of danger of future abuse,

 

 

SB2934- 32 -LRB104 17679 JRC 31110 b

1        neglect, or exploitation to petitioner or any member
2        of petitioner's or respondent's family or household;
3        and
4            (ii) the danger that any minor child will be
5        abused or neglected or improperly relocated from the
6        jurisdiction, improperly concealed within the State or
7        improperly separated from the child's primary
8        caretaker.
9        (2) In comparing relative hardships resulting to the
10    parties from loss of possession of the family home, the
11    court shall consider relevant factors, including but not
12    limited to the following:
13            (i) availability, accessibility, cost, safety,
14        adequacy, location and other characteristics of
15        alternate housing for each party and any minor child
16        or dependent adult in the party's care;
17            (ii) the effect on the party's employment; and
18            (iii) the effect on the relationship of the party,
19        and any minor child or dependent adult in the party's
20        care, to family, school, church and community.
21        (3) Subject to the exceptions set forth in paragraph
22    (4) of this subsection, the court shall make its findings
23    in an official record or in writing, and shall at a minimum
24    set forth the following:
25            (i) That the court has considered the applicable
26        relevant factors described in paragraphs (1) and (2)

 

 

SB2934- 33 -LRB104 17679 JRC 31110 b

1        of this subsection.
2            (ii) Whether the conduct or actions of respondent,
3        unless prohibited, will likely cause irreparable harm
4        or continued abuse.
5            (iii) Whether it is necessary to grant the
6        requested relief in order to protect petitioner or
7        other alleged abused persons.
8        (4) For purposes of issuing an ex parte emergency
9    order of protection, the court, as an alternative to or as
10    a supplement to making the findings described in
11    paragraphs (c)(3)(i) through (c)(3)(iii) of this
12    subsection, may use the following procedure:
13        When a verified petition for an emergency order of
14    protection in accordance with the requirements of Sections
15    203 and 217 is presented to the court, the court shall
16    examine petitioner on oath or affirmation. An emergency
17    order of protection shall be issued by the court if it
18    appears from the contents of the petition and the
19    examination of petitioner that the averments are
20    sufficient to indicate abuse by respondent and to support
21    the granting of relief under the issuance of the emergency
22    order of protection.
23        (5) Never married parties. No rights or
24    responsibilities for a minor child born outside of
25    marriage attach to a putative father until a father and
26    child relationship has been established under the Illinois

 

 

SB2934- 34 -LRB104 17679 JRC 31110 b

1    Parentage Act of 1984, the Illinois Parentage Act of 2015,
2    the Illinois Public Aid Code, Section 12 of the Vital
3    Records Act, the Juvenile Court Act of 1987, the Probate
4    Act of 1975, the Revised Uniform Reciprocal Enforcement of
5    Support Act, the Uniform Interstate Family Support Act,
6    the Expedited Child Support Act of 1990, any judicial,
7    administrative, or other act of another state or
8    territory, any other Illinois statute, or by any foreign
9    nation establishing the father and child relationship, any
10    other proceeding substantially in conformity with the
11    Personal Responsibility and Work Opportunity
12    Reconciliation Act of 1996 (Pub. L. 104-193), or where
13    both parties appeared in open court or at an
14    administrative hearing acknowledging under oath or
15    admitting by affirmation the existence of a father and
16    child relationship. Absent such an adjudication, finding,
17    or acknowledgment, no putative father shall be granted
18    temporary allocation of parental responsibilities,
19    including parenting time with the minor child, or physical
20    care and possession of the minor child, nor shall an order
21    of payment for support of the minor child be entered.
22    (d) Balance of hardships; findings. If the court finds
23that the balance of hardships does not support the granting of
24a remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

 

 

SB2934- 35 -LRB104 17679 JRC 31110 b

1include a finding as to whether granting the remedy will
2result in hardship to respondent that would substantially
3outweigh the hardship to petitioner from denial of the remedy.
4The findings shall be an official record or in writing.
5    (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7        (1) Respondent has cause for any use of force, unless
8    that cause satisfies the standards for justifiable use of
9    force provided by Article 7 of the Criminal Code of 2012;
10        (2) Respondent was voluntarily intoxicated;
11        (3) Petitioner acted in self-defense or defense of
12    another, provided that, if petitioner utilized force, such
13    force was justifiable under Article 7 of the Criminal Code
14    of 2012;
15        (4) Petitioner did not act in self-defense or defense
16    of another;
17        (5) Petitioner left the residence or household to
18    avoid further abuse, neglect, or exploitation by
19    respondent;
20        (6) Petitioner did not leave the residence or
21    household to avoid further abuse, neglect, or exploitation
22    by respondent;
23        (7) Conduct by any family or household member excused
24    the abuse, neglect, or exploitation by respondent, unless
25    that same conduct would have excused such abuse, neglect,
26    or exploitation if the parties had not been family or

 

 

SB2934- 36 -LRB104 17679 JRC 31110 b

1    household members.
2    (f) Optional order to law enforcement for wellness checks.
3When a petitioner is granted the remedy available under
4paragraph (3) of subsection (b), the court may also, upon
5issuance of an emergency, interim, or plenary order of
6protection, order local law enforcement, to the extent
7possible, to periodically monitor the petitioner's residence,
8periodically patrol near the petitioner's residence, and
9investigate whether a violation of the order of protection has
10occurred, including interviewing the petitioner. The
11petitioner may opt out of these precautionary measures at any
12time. For the safety of the petitioner and others protected by
13the order of protection, the order for local law enforcement
14to conduct wellness checks on the petitioner's residence may
15not be made available to the respondent.
16(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
 
17    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
18    Sec. 222. Notice of orders.
19    (a) Entry and issuance. Upon issuance of any order of
20protection, the clerk shall immediately (i) enter the order on
21the record and file it in accordance with the circuit court
22procedures and (ii) provide a file stamped copy of the order to
23respondent, if present, and to petitioner.
24    (b) Filing with sheriff or other law enforcement
25officials. The clerk of the issuing judge shall, or the

 

 

SB2934- 37 -LRB104 17679 JRC 31110 b

1petitioner may, on the same day that an order of protection is
2issued, file a certified copy of that order with the sheriff or
3other law enforcement officials charged with maintaining
4Illinois State Police records or charged with serving the
5order upon respondent or executing any search warrant issued
6under paragraph (14.5) of subsection (b) of Section 214 of
7this Act. If a search warrant is issued under paragraph (14.5)
8of subsection (b) of Section 214 of this Act, the clerk of the
9issuing judge shall, or the petitioner may, on the same day
10that the warrant is issued, transmit the warrant to the law
11enforcement agency to which the warrant is directed. If the
12respondent, at the time of the issuance of the order, is
13committed to the custody of the Illinois Department of
14Corrections or Illinois Department of Juvenile Justice or is
15on parole, aftercare release, or mandatory supervised release,
16the sheriff or other law enforcement officials charged with
17maintaining Illinois State Police records shall notify the
18Department of Corrections or Department of Juvenile Justice
19within 48 hours of receipt of a copy of the order of protection
20from the clerk of the issuing judge or the petitioner. Such
21notice shall include the name of the respondent, the
22respondent's IDOC inmate number or IDJJ youth identification
23number, the respondent's date of birth, and the LEADS Record
24Index Number.
25    (c) Service by sheriff. Unless respondent was present in
26court when the order was issued, the sheriff, other law

 

 

SB2934- 38 -LRB104 17679 JRC 31110 b

1enforcement official or special process server shall promptly
2serve that order upon respondent and file proof of such
3service, in the manner provided for service of process in
4civil proceedings. Instead of serving the order upon the
5respondent, however, the sheriff, other law enforcement
6official, special process server, or other persons defined in
7Section 222.10 may serve the respondent with a short form
8notification as provided in Section 222.10. If process has not
9yet been served upon the respondent, it shall be served with
10the order or short form notification if such service is made by
11the sheriff, other law enforcement official, or special
12process server. A single fee may be charged for service of an
13order obtained in civil court, or for service of such an order
14together with process, unless waived or deferred under Section
15210. After 2 unsuccessful personal service attempts by law
16enforcement, electronic service under Section 222.15 is
17permitted.
18    (c-5) If the person against whom the order of protection
19is issued is arrested and the written order is issued in
20accordance with subsection (c) of Section 217 and received by
21the custodial law enforcement agency before the respondent or
22arrestee is released from custody, the custodial law
23enforcement agent shall promptly serve the order upon the
24respondent or arrestee before the respondent or arrestee is
25released from custody. In no event shall detention of the
26respondent or arrestee be extended for hearing on the petition

 

 

SB2934- 39 -LRB104 17679 JRC 31110 b

1for order of protection or receipt of the order issued under
2Section 217 of this Act.
3    (d) Extensions, modifications and revocations. Any order
4extending, modifying or revoking any order of protection shall
5be promptly recorded, issued and served as provided in this
6Section.
7    (e) Notice to schools. Upon the request of the petitioner,
8within 24 hours of the issuance of an order of protection, the
9clerk of the issuing judge shall send a certified copy of the
10order of protection to the day-care facility, pre-school or
11pre-kindergarten, or private school or the principal office of
12the public school district or any college or university in
13which any child who is a protected person under the order of
14protection or any child of the petitioner is enrolled as
15requested by the petitioner at the mailing address provided by
16the petitioner. If the child transfers enrollment to another
17day-care facility, pre-school, pre-kindergarten, private
18school, public school, college, or university, the petitioner
19may, within 24 hours of the transfer, send to the clerk written
20notice of the transfer, including the name and address of the
21institution to which the child is transferring. Within 24
22hours of receipt of notice from the petitioner that a child is
23transferring to another day-care facility, pre-school,
24pre-kindergarten, private school, public school, college, or
25university, the clerk shall send a certified copy of the order
26to the institution to which the child is transferring.

 

 

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1    (f) Disclosure by schools. After receiving a certified
2copy of an order of protection that prohibits a respondent's
3access to records, neither a day-care facility, pre-school,
4pre-kindergarten, public or private school, college, or
5university nor its employees shall allow a respondent access
6to a protected child's records or release information in those
7records to the respondent. The school shall file the copy of
8the order of protection in the records of a child who is a
9protected person under the order of protection. When a child
10who is a protected person under the order of protection
11transfers to another day-care facility, pre-school,
12pre-kindergarten, public or private school, college, or
13university, the institution from which the child is
14transferring may, at the request of the petitioner, provide,
15within 24 hours of the transfer, written notice of the order of
16protection, along with a certified copy of the order, to the
17institution to which the child is transferring.
18    (g) Notice to health care facilities and health care
19practitioners. Upon the request of the petitioner, the clerk
20of the circuit court shall send a certified copy of the order
21of protection to any specified health care facility or health
22care practitioner requested by the petitioner at the mailing
23address provided by the petitioner.
24    (h) Disclosure by health care facilities and health care
25practitioners. After receiving a certified copy of an order of
26protection that prohibits a respondent's access to records, no

 

 

SB2934- 41 -LRB104 17679 JRC 31110 b

1health care facility or health care practitioner shall allow a
2respondent access to the records of any child who is a
3protected person under the order of protection, or release
4information in those records to the respondent, unless the
5order has expired or the respondent shows a certified copy of
6the court order vacating the corresponding order of protection
7that was sent to the health care facility or practitioner.
8Nothing in this Section shall be construed to require health
9care facilities or health care practitioners to alter
10procedures related to billing and payment. The health care
11facility or health care practitioner may file the copy of the
12order of protection in the records of a child who is a
13protected person under the order of protection, or may employ
14any other method to identify the records to which a respondent
15is prohibited access. No health care facility or health care
16practitioner shall be civilly or professionally liable for
17reliance on a copy of an order of protection, except for
18willful and wanton misconduct.
19    (i) Status of service of a plenary order of protection.
20The court shall set a hearing for 60 days after the entry of a
21plenary order of protection under Section 219 to review the
22status of service and service attempts on the respondent of
23the petition and order. Documented efforts by law enforcement
24to serve the respondent shall be provided to the court for the
25hearing. No penalty may be imposed on the petitioner upon
26failing to appear at a hearing to review the status of service.

 

 

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1If the petitioner fails to appear at a hearing to review the
2status of service, the clerk shall send notice to the
3petitioner of the next hearing to review the status of
4service, which shall be set no later than 30 days after the
5most recent hearing to review the status of service.
6    At the hearing to review the status of service, the court
7shall:
8        (1) review the return of service or affidavits filed
9    by law enforcement;
10        (2) make any necessary findings concerning the service
11    efforts by law enforcement through affidavit or other
12    notification; and
13        (3) if service was not successful, inquire if
14    additional information can be provided to effectuate
15    service, including electronic service, as provided in
16    Section 222.15.
17    If upon the hearing the court finds that all reasonable
18efforts to accomplish service of process upon respondent have
19been exhausted, the court may terminate the order of
20protection for failure to serve.
21    The clerk of the court may strike the hearing to review the
22status of service from the court's call if the Sheriff
23provides the court proof of service through affidavit before
24the hearing date.
25(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
 

 

 

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1    (750 ILCS 60/222.15 new)
2    Sec. 222.15. Electronic service; limited circumstances.
3    (a) In furtherance of this Act's purpose to support
4victims' efforts to avoid further abuse by promptly entering
5and diligently enforcing orders of protection to protect the
6safety and security of victims, electronic service, as
7provided in this Section, may be attempted to effectuate
8service. Access to electronic service simplifies and
9modernizes courts, reduces costs, guarantees actual notice to
10the respondent, and minimizes delays and the need for more
11hearings, all of which can hinder access to justice and
12undermine judicial economy.
13    (b) As provided in this Section, electronic service may be
14attempted for emergency, interim, or plenary orders of
15protection for the remedy provided in paragraph (3) of
16subsection (b) of Section 214. After 2 unsuccessful service
17attempts at personal service, electronic service is permitted
18in accordance with this Section. The court may also order
19electronic service under this Section upon review of service
20attempts at the status of service hearing as provided in
21subsection (i) of Section 222.
22    (c) Electronic service must be made by a law enforcement
23agency, and a court order permitting electronic service is not
24required for law enforcement to attempt electronic service
25under subsection (b). No formal motion is necessary.
26    (d) The petitioner shall complete an information sheet,

 

 

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1reviewed by the court, for law enforcement that includes, if
2known or available, the following: (1) contact information for
3the petitioner and the petitioner's attorney including a
4telephone number and email; (2) a physical description of the
5respondent including, respondent's date of birth, or
6approximate age, height, weight, race, and hair color; (3) the
7respondent's address, last known address, alternate address,
8address of employment and any other address where law
9enforcement may serve the order of protection on the
10respondent; (4) days and times that the respondent is likely
11to be at the address of service; and (5) the respondent's email
12address, number for text messaging, and username or other
13identification on social media applications and other
14technologies. The petitioner must attest that the information
15is legitimate and current or the last known contact
16information for the respondent. The information sheet may not
17be included with the court record. The information sheet shall
18be transmitted to law enforcement in the same manner as the
19order of protection.
20    (e) Electronic service must be effected by transmitting
21copies of the petition and any supporting materials filed with
22the petition, notice of hearing, and any orders, or relevant
23materials for motions, to the respondent at the respondent's
24electronic address or the respondent's electronic account
25associated with email, text messaging, social media
26applications, or other technologies, as listed in (d)(5) of

 

 

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1this Section.
2    (f) The electronic service notification must include the
3following items:
4        (1) the respondent's name;
5        (2) the respondent's date of birth, if known;
6        (3) the petitioner's name;
7        (4) the name of other protected parties;
8        (5) the date and county in which the order of
9    protection was filed; and
10        (6) the court file number.
11    (g) The electronic service notification must contain a
12notice to the respondent from the court, as determined by the
13court, in a conspicuous manner, of the consequences of being
14served the order and how to receive a copy of the order through
15the court.
16    (h) Verification of notice is required and may be
17accomplished through read-receipt mechanisms, a response, a
18sworn statement from the person who effected service verifying
19transmission and any follow-up communications such as email or
20telephone contact used to further verify, or an appearance by
21the respondent at a hearing. Sworn proof of service must be
22filed with the court by the person who effected service.
23    (i) The electronic service notification must contain the
24following notice in uppercase: "THE ORDER IS NOW ENFORCEABLE.
25YOU MUST REPORT TO THE OFFICE OF THE SHERIFF OR THE OFFICE OF
26THE CIRCUIT COURT IN (NAME OF COUNTY) COUNTY TO OBTAIN A COPY

 

 

SB2934- 46 -LRB104 17679 JRC 31110 b

1OF THE ORDER. YOU ARE SUBJECT TO ARREST AND MAY BE CHARGED WITH
2A MISDEMEANOR OR FELONY IF YOU VIOLATE ANY OF THE TERMS OF THE
3ORDER."
4    (j) The Office of the Attorney General shall develop and
5provide guidance and procedures for law enforcement to attempt
6and effectuate electronic service under this Section.
 
7    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
8    Sec. 223. Enforcement of orders of protection.
9    (a) When violation is crime. A violation of any order of
10protection, whether issued in a civil or criminal proceeding
11or by a military judge, shall be enforced by a criminal court
12when:
13        (1) The respondent commits the crime of violation of
14    an order of protection pursuant to Section 12-3.4 or 12-30
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    by having knowingly violated:
17            (i) remedies described in paragraphs (1), (2),
18        (3), (14), or (14.5) of subsection (b) of Section 214
19        of this Act; or
20            (ii) a remedy, which is substantially similar to
21        the remedies authorized under paragraphs (1), (2),
22        (3), (14), and (14.5) of subsection (b) of Section 214
23        of this Act, in a valid order of protection which is
24        authorized under the laws of another state, tribe, or
25        United States territory; or

 

 

SB2934- 47 -LRB104 17679 JRC 31110 b

1            (iii) any other remedy when the act constitutes a
2        crime against the protected parties as defined by the
3        Criminal Code of 1961 or the Criminal Code of 2012.
4        Prosecution for a violation of an order of protection
5    shall not bar concurrent prosecution for any other crime,
6    including any crime that may have been committed at the
7    time of the violation of the order of protection; or
8        (2) The respondent commits the crime of child
9    abduction pursuant to Section 10-5 of the Criminal Code of
10    1961 or the Criminal Code of 2012, by having knowingly
11    violated:
12            (i) remedies described in paragraphs (5), (6) or
13        (8) of subsection (b) of Section 214 of this Act; or
14            (ii) a remedy, which is substantially similar to
15        the remedies authorized under paragraphs (5), (6), or
16        (8) of subsection (b) of Section 214 of this Act, in a
17        valid order of protection which is authorized under
18        the laws of another state, tribe, or United States
19        territory.
20    (b) When violation is contempt of court. A violation of
21any valid Illinois order of protection, whether issued in a
22civil or criminal proceeding or by a military judge, may be
23enforced through civil or criminal contempt procedures, as
24appropriate, by any court with jurisdiction, regardless where
25the act or acts which violated the order of protection were
26committed, to the extent consistent with the venue provisions

 

 

SB2934- 48 -LRB104 17679 JRC 31110 b

1of this Act. Nothing in this Act shall preclude any Illinois
2court from enforcing any valid order of protection issued in
3another state. Illinois courts may enforce orders of
4protection through both criminal prosecution and contempt
5proceedings, unless the action which is second in time is
6barred by collateral estoppel or the constitutional
7prohibition against double jeopardy.
8        (1) In a contempt proceeding where the petition for a
9    rule to show cause sets forth facts evidencing an
10    immediate danger that the respondent will flee the
11    jurisdiction, conceal a child, or inflict physical abuse
12    on the petitioner or minor children or on dependent adults
13    in petitioner's care, the court may order the attachment
14    of the respondent without prior service of the rule to
15    show cause or the petition for a rule to show cause.
16    Conditions of release shall be set unless specifically
17    denied in writing.
18        (2) A petition for a rule to show cause for violation
19    of an order of protection shall be treated as an expedited
20    proceeding.
21    (b-1) The court shall not hold a school district or
22private or non-public school or any of its employees in civil
23or criminal contempt unless the school district or private or
24non-public school has been allowed to intervene.
25    (b-2) The court may hold the parents, guardian, or legal
26custodian of a minor respondent in civil or criminal contempt

 

 

SB2934- 49 -LRB104 17679 JRC 31110 b

1for a violation of any provision of any order entered under
2this Act for conduct of the minor respondent in violation of
3this Act if the parents, guardian, or legal custodian
4directed, encouraged, or assisted the respondent minor in such
5conduct.
6    (c) Violation of custody or support orders or temporary or
7final judgments allocating parental responsibilities. A
8violation of remedies described in paragraphs (5), (6), (8),
9or (9) of subsection (b) of Section 214 of this Act may be
10enforced by any remedy provided by Section 607.5 of the
11Illinois Marriage and Dissolution of Marriage Act. The court
12may enforce any order for support issued under paragraph (12)
13of subsection (b) of Section 214 in the manner provided for
14under Parts V and VII of the Illinois Marriage and Dissolution
15of Marriage Act.
16    (d) Actual knowledge. An order of protection may be
17enforced pursuant to this Section if the respondent violates
18the order after the respondent has actual knowledge of its
19contents as shown through one of the following means:
20        (1) By service, delivery, or notice under Section 210.
21        (2) By notice under Section 210.1 or 211.
22        (3) By service of an order of protection under Section
23    222 or 222.15.
24        (4) By other means demonstrating actual knowledge of
25    the contents of the order.
26    (e) The enforcement of an order of protection in civil or

 

 

SB2934- 50 -LRB104 17679 JRC 31110 b

1criminal court shall not be affected by either of the
2following:
3        (1) The existence of a separate, correlative order,
4    entered under Section 215.
5        (2) Any finding or order entered in a conjoined
6    criminal proceeding.
7    (f) Circumstances. The court, when determining whether or
8not a violation of an order of protection has occurred, shall
9not require physical manifestations of abuse on the person of
10the victim.
11    (g) Penalties.
12        (1) Except as provided in paragraph (3) of this
13    subsection, where the court finds the commission of a
14    crime or contempt of court under subsections (a) or (b) of
15    this Section, the penalty shall be the penalty that
16    generally applies in such criminal or contempt
17    proceedings, and may include one or more of the following:
18    incarceration, payment of restitution, a fine, payment of
19    attorneys' fees and costs, or community service.
20        (2) The court shall hear and take into account
21    evidence of any factors in aggravation or mitigation
22    before deciding an appropriate penalty under paragraph (1)
23    of this subsection.
24        (3) To the extent permitted by law, the court is
25    encouraged to:
26            (i) increase the penalty for the knowing violation

 

 

SB2934- 51 -LRB104 17679 JRC 31110 b

1        of any order of protection over any penalty previously
2        imposed by any court for respondent's violation of any
3        order of protection or penal statute involving
4        petitioner as victim and respondent as defendant;
5            (ii) impose a minimum penalty of 24 hours
6        imprisonment for respondent's first violation of any
7        order of protection; and
8            (iii) impose a minimum penalty of 48 hours
9        imprisonment for respondent's second or subsequent
10        violation of an order of protection
11    unless the court explicitly finds that an increased
12    penalty or that period of imprisonment would be manifestly
13    unjust.
14        (4) In addition to any other penalties imposed for a
15    violation of an order of protection, a criminal court may
16    consider evidence of any violations of an order of
17    protection:
18            (i) to increase, revoke or modify the conditions
19        of pretrial release on an underlying criminal charge
20        pursuant to Section 110-6 of the Code of Criminal
21        Procedure of 1963;
22            (ii) to revoke or modify an order of probation,
23        conditional discharge or supervision, pursuant to
24        Section 5-6-4 of the Unified Code of Corrections;
25            (iii) to revoke or modify a sentence of periodic
26        imprisonment, pursuant to Section 5-7-2 of the Unified

 

 

SB2934- 52 -LRB104 17679 JRC 31110 b

1        Code of Corrections.
2        (5) In addition to any other penalties, the court
3    shall impose an additional fine of $20 as authorized by
4    Section 5-9-1.11 of the Unified Code of Corrections upon
5    any person convicted of or placed on supervision for a
6    violation of an order of protection. The additional fine
7    shall be imposed for each violation of this Section.
8(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
 
9    (750 ILCS 60/305)  (from Ch. 40, par. 2313-5)
10    Sec. 305. Limited law enforcement liability. Any act of
11omission or commission by any law enforcement officer acting
12in good faith in rendering emergency assistance, executing
13search warrants, conducting a wellness check under this Act,
14or otherwise enforcing this Act shall not impose civil
15liability upon the law enforcement officer or his or her
16supervisor or employer, unless the act is a result of willful
17or wanton misconduct.
18(Source: P.A. 103-1065, eff. 5-11-25.)