93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2495


 
Introduced 2/3/2004, by John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		
















725 ILCS 5/112A-21
  from Ch. 38, par. 112A-21


750 ILCS 60/221
  from Ch. 40, par. 2312-21







    Amends the Code of Criminal Procedure and the Illinois Domestic Violence Act.  Requires that, in an emergency order of protection and an interim or plenary order of protection, specified language be stated.



















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A BILL FOR









 














SB2495

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    AN ACT concerning orders of protection.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Code of Criminal Procedure of 1963 is 
5
amended  by changing Section 112A-21 as follows:
 



6
    (725 ILCS 5/112A-21)  (from Ch. 38, par. 112A-21)



7
    Sec. 112A-21. Contents of orders. 

8
    (a) Any order of protection shall
describe, in reasonable 
9
detail and not by reference to any other
document, the 
10
following:


11
        (1) Each remedy granted by the court, in reasonable 
12
    detail and not by
reference to any other document, so that 
13
    respondent may clearly understand
what he or she must do or 
14
    refrain from doing. Pre-printed form orders
of
protection 
15
    shall include the definitions of the types of abuse,
as 
16
    provided
in Section 112A-3.
Remedies set forth in 
17
    pre-printed form orders shall be numbered
consistently 
18
    with and corresponding to the numerical sequence of 
19
    remedies
listed in Section 112A-14 (at least as of the date 
20
    the form orders are
printed).


21
        (2) The reason for denial of petitioner's request for 
22
    any remedy listed
in Section 112A-14.

23
    (b) An order of protection shall further state the 
24
following:


25
        (1) The name of each petitioner that the court finds 
26
    was abused
by
respondent, and that respondent is a member 
27
    of the family or household of
each such petitioner, and the 
28
    name of each other person protected by the
order and that 
29
    such person is protected by this Act.


30
        (2) For any remedy requested by petitioner on which the 
31
    court has
declined to rule, that that remedy is reserved.


32
        (3) The date and time the order of protection was 
 


 









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    issued, whether it is an
emergency, interim or plenary 
2
    order and the duration of the order.


3
        (4) The date, time and place for any scheduled hearing 
4
    for extension of
that order of protection or for another 
5
    order of greater duration or scope.


6
        (5) For each remedy in an emergency order of 
7
    protection, the reason for
entering that remedy without 
8
    prior notice to respondent or greater notice
than was 
9
    actually given.


10
        (6) For emergency and interim orders of protection, 
11
    that respondent may
petition the court, in accordance with 
12
    Section 112A-24, to re-open
that order if he or she did not 
13
    receive actual prior notice of the hearing, in
accordance 
14
    with Section 112A-11, and alleges that he or she had a

15
    meritorious defense to the order or that the order or any 
16
    of its remedies
was not authorized by this Article.

17
    (c) Any order of protection shall include the following 
18
notice, printed in
conspicuous type: "Any knowing violation of 
19
an order of protection
forbidding physical abuse, harassment,

20
intimidation, interference with personal liberty, willful 
21
deprivation, or
entering or remaining present at
specified 
22
places when the protected person is present, or granting 
23
exclusive
possession of the residence or household, or granting 
24
a stay away order
is a Class A misdemeanor.  Grant
of exclusive 
25
possession of the residence or household shall constitute

26
notice forbidding trespass to land. Any
knowing violation of an 
27
order awarding legal custody or physical care of a
child or 
28
prohibiting removal or concealment
of a child may be a Class 4 
29
felony.  Any willful violation of any order is
contempt of 
30
court.  Any violation may result in fine or imprisonment."

31
    (d) An emergency order of protection shall state, "This 
32
Order of Protection is enforceable, even without registration, 
33
in all 50 states, the District of Columbia, tribal lands, and 
34
the U.S. territories pursuant to the Violence Against Women Act 
35
(18 U.S.C. 2265). Violating this Order of Protection may 
36
subject the respondent to federal charges and punishment (18 
 


 









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U.S.C. 2261-2262)."

2
    (e) An interim or plenary order of protection shall state, 
3
"This Order of Protection is enforceable, even without 
4
registration, in all 50 states, the District of Columbia, 
5
tribal lands, and the U.S. territories pursuant to the Violence 
6
Against Woman Act (18 U.S.C. 2265).  Violating this Order of 
7
Protection may subject the respondent to federal charges and 
8
punishment (18 U.S.C. 2261-2262).  The respondent may be subject 
9
to federal criminal penalties for possessing, transporting, 
10
shipping, or receiving any firearm or ammunition under the Gun 
11
Control Act (18 U.S.C. 922(g)98)."

12
(Source: P.A. 86-1300; 87-1186.)


 
13
    Section 10. The Illinois Domestic Violence Act of 1986 is 
14
amended  by changing Section 221 as follows:
 



15
    (750 ILCS 60/221)  (from Ch. 40, par. 2312-21)


16
    Sec. 221. Contents of orders. 

17
    (a) Any order of protection shall
describe the following:


18
        (1) Each remedy granted by the court, in reasonable 
19
    detail and not by
reference to any other document, so that 
20
    respondent may clearly understand
what he or she must do or 
21
    refrain from doing. Pre-printed form orders
of
protection 
22
    shall include the definitions of the types of abuse, 
23
    neglect,
and exploitation, as provided
in Section 103.

24
    Remedies set forth in pre-printed form orders shall be 
25
    numbered
consistently with and corresponding to the 
26
    numerical sequence of remedies
listed in Section 214 (at 
27
    least as of the date the form orders are printed).


28
        (2) The reason for denial of petitioner's request for 
29
    any remedy listed
in Section 214.

30
    (b) An order of protection shall further state the 
31
following:


32
        (1) The name of each petitioner that the court finds 
33
    was abused,
neglected, or exploited by respondent, and that 
34
    respondent is a member of
the family or household of each 
 


 









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    such petitioner, and the name of each other
person 
2
    protected by the order and that such person is protected by 
3
    this Act.


4
        (2) For any remedy requested by petitioner on which the 
5
    court has
declined to rule, that that remedy is reserved.


6
        (3) The date and time the order of protection was 
7
    issued, whether it is an
emergency, interim or plenary 
8
    order and the duration of the order.


9
        (4) The date, time and place for any scheduled hearing 
10
    for extension of
that order of protection or for another 
11
    order of greater duration or scope.


12
        (5) For each remedy in an emergency order of 
13
    protection, the reason for
entering that remedy without 
14
    prior notice to respondent or greater notice
than was 
15
    actually given.


16
        (6) For emergency and interim orders of protection, 
17
    that respondent may
petition the court, in accordance with 
18
    Section 224, to re-open
that order if he or she did not 
19
    receive actual prior notice of the hearing, in
accordance 
20
    with Section 211, and alleges that he or she had a

21
    meritorious defense to the order or that the order or any 
22
    of its remedies
was not authorized by this Act.

23
    (c) Any order of protection shall include the following 
24
notice, printed
in conspicuous type: "Any knowing violation of 
25
an order of protection
forbidding physical abuse, neglect, 
26
exploitation, harassment, intimidation,
interference with 
27
personal liberty, willful deprivation, or entering or

28
remaining present at specified places when the protected person 
29
is present,
or granting exclusive possession of the residence 
30
or household, or
granting a stay away order is a Class A

31
misdemeanor.  Grant of exclusive possession of the residence or 
32
household
shall constitute notice forbidding trespass to land. 
33
Any knowing violation
of an order awarding legal custody or 
34
physical care of a child or
prohibiting removal or concealment 
35
of a child may be a Class 4 felony.  Any
willful violation of 
36
any order is contempt of court.  Any violation may
result in 
 


 









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fine or imprisonment."

2
    (d) An emergency order of protection shall state, "This 
3
Order of Protection is enforceable, even without registration, 
4
in all 50 states, the District of Columbia, tribal lands, and 
5
the U.S. territories pursuant to the Violence Against Women Act 
6
(18 U.S.C. 2265). Violating this Order of Protection may 
7
subject the respondent to federal charges and punishment (18 
8
U.S.C. 2261-2262)."

9
    (e) An interim or plenary order of protection shall state, 
10
"This Order of Protection is enforceable, even without 
11
registration, in all 50 states, the District of Columbia, 
12
tribal lands, and the U.S. territories pursuant to the Violence 
13
Against Woman Act (18 U.S.C. 2265).  Violating this Order of 
14
Protection may subject the respondent to federal charges and 
15
punishment (18 U.S.C. 2261-2262).  The respondent may be subject 
16
to federal criminal penalties for possessing, transporting, 
17
shipping, or receiving any firearm or ammunition under the Gun 
18
Control Act (18 U.S.C. 922(g)98)."

19
(Source: P.A. 86-542; 86-1300; 87-1186.)