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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 112A-17 as follows: | ||||||
6 | (725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17) | ||||||
7 | Sec. 112A-17. Emergency order of protection. | ||||||
8 | (a) Prerequisites. An emergency order of protection shall | ||||||
9 | issue if
petitioner
satisfies the requirements of this | ||||||
10 | subsection for one or more of the requested
remedies. For each | ||||||
11 | remedy requested, petitioner shall establish that: | ||||||
12 | (1) The court has jurisdiction under Section 112A-9; | ||||||
13 | (2) The requirements of Section 112A-14 are satisfied; | ||||||
14 | and | ||||||
15 | (3) There is good cause to grant the remedy, regardless | ||||||
16 | of prior service
of process or of notice upon the | ||||||
17 | respondent, because: | ||||||
18 | (i) For the remedies of "prohibition of abuse" | ||||||
19 | described in
Section 112A-14(b)(1), "stay away order | ||||||
20 | and additional prohibitions" described
in Section
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21 | 112A-14(b)(3), "removal or concealment of minor child" | ||||||
22 | described in Section
112A-14(b)(8), "order to appear" | ||||||
23 | described in Section 112A-14(b)(9), "physical
care and |
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1 | possession of the minor child" described in Section | ||||||
2 | 112A-14(b)(5),
"protection of property" described in | ||||||
3 | Section 112A-14(b)(11), "prohibition
of entry" | ||||||
4 | described in Section 112A-14(b)(14), "prohibition of | ||||||
5 | access to
records" described in Section | ||||||
6 | 112A-14(b)(15), and "injunctive relief"
described in | ||||||
7 | Section 112A-14(b)(16), the harm which that remedy
is | ||||||
8 | intended to prevent would be likely to occur if the | ||||||
9 | respondent were given
any prior notice, or greater | ||||||
10 | notice than was actually given, of the petitioner's
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11 | efforts to obtain judicial relief; | ||||||
12 | (ii) For the remedy of "grant of exclusive | ||||||
13 | possession of residence"
described in Section | ||||||
14 | 112A-14(b)(2), the immediate danger of further
abuse | ||||||
15 | of petitioner by respondent,
if petitioner chooses or | ||||||
16 | had chosen to remain in the residence or household
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17 | while respondent was given any prior notice or greater | ||||||
18 | notice than was
actually given of petitioner's efforts | ||||||
19 | to obtain judicial relief,
outweighs the hardships to | ||||||
20 | respondent of an emergency order
granting petitioner | ||||||
21 | exclusive possession of the residence or household.
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22 | This remedy shall not be denied because petitioner has | ||||||
23 | or could obtain temporary
shelter elsewhere while | ||||||
24 | prior notice is given to respondent, unless the
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25 | hardships to respondent from exclusion from the home | ||||||
26 | substantially outweigh
those to petitioner. |
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1 | (iii) For the remedy of "possession of personal | ||||||
2 | property"
described in
Section 112A-14(b)(10), | ||||||
3 | improper disposition of the
personal property would be | ||||||
4 | likely
to occur if respondent were given any prior | ||||||
5 | notice, or greater notice than
was actually given, of | ||||||
6 | petitioner's efforts to obtain judicial relief, or
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7 | petitioner has an immediate and pressing need for | ||||||
8 | possession of that property. | ||||||
9 | An emergency order may not include the counseling, legal | ||||||
10 | custody, payment
of support or monetary compensation remedies. | ||||||
11 | (b) Appearance by respondent.
If respondent appears in | ||||||
12 | court for this hearing for an emergency order,
he or she may | ||||||
13 | elect to file a general appearance and testify. Any
resulting | ||||||
14 | order may be an emergency order, governed by this Section. | ||||||
15 | Notwithstanding the
requirements of this Section, if all | ||||||
16 | requirements of Section 112A-18 have been
met, the Court may | ||||||
17 | issue a 30-day interim order. | ||||||
18 | (c) Emergency orders: court holidays and evenings. | ||||||
19 | (1) Prerequisites. When the court is unavailable at the | ||||||
20 | close of
business, the petitioner may file a petition for a | ||||||
21 | 21-day emergency order
before any available circuit judge | ||||||
22 | or associate judge who may grant relief
under this Article. | ||||||
23 | If the judge finds that there is an immediate and present
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24 | danger of abuse to petitioner and that petitioner has | ||||||
25 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
26 | Section 112A-17, that judge
may issue an emergency order of |
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1 | protection. | ||||||
2 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
3 | court
may designate for each county in the circuit at least | ||||||
4 | one judge to be
reasonably available to
issue orally, by | ||||||
5 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
6 | of protection at all times, whether or not the court is in | ||||||
7 | session. | ||||||
8 | (2) Certification and transfer. The judge who issued | ||||||
9 | the order under this Section shall promptly communicate or | ||||||
10 | convey the order to the sheriff to facilitate the entry of | ||||||
11 | the order into the Law Enforcement Agencies Data System by | ||||||
12 | the Department of State Police pursuant to Section 112A-28. | ||||||
13 | Any order issued under this Section and
any documentation | ||||||
14 | in support thereof shall be certified on the next court
day | ||||||
15 | to the appropriate court. The clerk of that court shall | ||||||
16 | immediately
assign a case number, file the petition, order | ||||||
17 | and other documents with the
court and enter the order of | ||||||
18 | record and file it with the sheriff for
service, in | ||||||
19 | accordance with Section 112A-22. Filing the petition shall
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20 | commence proceedings for further relief, under Section | ||||||
21 | 112A-2.
Failure to comply with the requirements of this | ||||||
22 | subsection shall not affect
the validity of the order. | ||||||
23 | (Source: P.A. 90-392, eff. 1-1-98.) | ||||||
24 | Section 5. The Illinois Domestic Violence Act of 1986 is | ||||||
25 | amended by changing Section 217 as follows:
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1 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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2 | Sec. 217. Emergency order of protection.
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3 | (a) Prerequisites. An emergency order of protection shall | ||||||
4 | issue if
petitioner satisfies the requirements of this | ||||||
5 | subsection for one or more of the
requested remedies. For each | ||||||
6 | remedy requested, petitioner shall establish
that:
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7 | (1) The court has jurisdiction under Section 208;
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8 | (2) The requirements of Section 214 are satisfied; and
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9 | (3) There is good cause to grant the remedy, regardless | ||||||
10 | of prior service
of process or of notice upon the | ||||||
11 | respondent, because:
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12 | (i) For
the remedies of "prohibition of abuse" | ||||||
13 | described in
Section 214(b)(1), "stay away order and | ||||||
14 | additional prohibitions" described in
Section
| ||||||
15 | 214(b)(3), "removal or concealment of minor child" | ||||||
16 | described in Section
214(b)(8), "order to appear" | ||||||
17 | described in Section 214(b)(9), "physical
care and | ||||||
18 | possession of the minor child" described in Section | ||||||
19 | 214(b)(5),
"protection of property" described in | ||||||
20 | Section 214(b)(11), "prohibition
of entry" described | ||||||
21 | in Section 214(b)(14), "prohibition of firearm | ||||||
22 | possession" described in Section 214(b)(14.5), | ||||||
23 | "prohibition of access to
records" described in | ||||||
24 | Section 214(b)(15), and "injunctive relief"
described | ||||||
25 | in Section 214(b)(16), the harm which that remedy
is |
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| |||||||
1 | intended to prevent would be likely to occur if the | ||||||
2 | respondent were given
any prior notice, or greater | ||||||
3 | notice than was actually given, of the
petitioner's | ||||||
4 | efforts to obtain judicial relief;
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5 | (ii) For the remedy of "grant of exclusive | ||||||
6 | possession of
residence" described in Section | ||||||
7 | 214(b)(2), the immediate danger of further
abuse of | ||||||
8 | petitioner by respondent,
if petitioner chooses or had | ||||||
9 | chosen to remain in the residence or household
while | ||||||
10 | respondent was given any prior notice or greater notice | ||||||
11 | than was
actually given of petitioner's efforts to | ||||||
12 | obtain judicial relief,
outweighs the hardships to | ||||||
13 | respondent of an emergency order
granting petitioner | ||||||
14 | exclusive possession of the residence or household.
| ||||||
15 | This remedy shall not be denied because petitioner has | ||||||
16 | or could obtain
temporary shelter elsewhere while | ||||||
17 | prior notice is given to respondent, unless
the
| ||||||
18 | hardships to respondent from exclusion from the home | ||||||
19 | substantially outweigh
those to petitioner;
| ||||||
20 | (iii) For the remedy of "possession of personal | ||||||
21 | property"
described in
Section 214(b)(10), improper | ||||||
22 | disposition of the personal
property would be likely
to | ||||||
23 | occur if respondent were given any prior notice, or | ||||||
24 | greater notice than
was actually given, of | ||||||
25 | petitioner's efforts to obtain judicial relief, or
| ||||||
26 | petitioner has an immediate and pressing need for |
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1 | possession of that property.
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2 | An emergency order may not include the counseling, legal | ||||||
3 | custody, payment
of support or monetary compensation remedies.
| ||||||
4 | (b) Appearance by respondent.
If respondent appears in | ||||||
5 | court for this hearing for an emergency order,
he or she may | ||||||
6 | elect to file a general appearance and testify.
Any resulting | ||||||
7 | order may be an emergency order, governed
by this Section.
| ||||||
8 | Notwithstanding the requirements of this Section, if all | ||||||
9 | requirements of
Section 218 have been met, the court may issue | ||||||
10 | a 30-day interim order.
| ||||||
11 | (c) Emergency orders: court holidays and evenings.
| ||||||
12 | (1) Prerequisites. When the court is unavailable at the | ||||||
13 | close of
business, the petitioner may file a petition for a | ||||||
14 | 21-day emergency order
before any available circuit judge | ||||||
15 | or associate judge who may grant relief
under this Act. If | ||||||
16 | the judge finds that there is an immediate and present
| ||||||
17 | danger of abuse to petitioner and that petitioner has | ||||||
18 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
19 | Section 217, that judge may
issue an emergency order of | ||||||
20 | protection.
| ||||||
21 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
22 | court
may designate for each county in the circuit at least | ||||||
23 | one judge to be
reasonably available to
issue orally, by | ||||||
24 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
25 | of protection at all times, whether or not the court is in | ||||||
26 | session.
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1 | (2) Certification and transfer. The judge who issued | ||||||
2 | the order under this Section shall promptly communicate or | ||||||
3 | convey the order to the sheriff to facilitate the entry of | ||||||
4 | the order into the Law Enforcement Agencies Data System by | ||||||
5 | the Department of State Police pursuant to Section 302. Any | ||||||
6 | order issued under this Section and
any documentation in | ||||||
7 | support thereof shall be certified on the next court
day to | ||||||
8 | the appropriate court. The clerk of that court shall | ||||||
9 | immediately
assign a case number, file the petition, order | ||||||
10 | and other documents with the
court, and enter the order of | ||||||
11 | record and file it with the sheriff for
service, in | ||||||
12 | accordance with Section 222. Filing the petition
shall | ||||||
13 | commence proceedings for further relief under Section 202.
| ||||||
14 | Failure to comply with the requirements of this subsection | ||||||
15 | shall not
affect the validity of the order.
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16 | (Source: P.A. 96-701, eff. 1-1-10.)
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