Rep. Keith Farnham
Filed: 3/9/2010
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1 | AMENDMENT TO HOUSE BILL 5510
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2 | AMENDMENT NO. ______. Amend House Bill 5510 on page 1, | ||||||
3 | immediately below line 3, by inserting the following:
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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 |
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1 | respondent, because: | ||||||
2 | (i) For the remedies of "prohibition of abuse" | ||||||
3 | described in
Section 112A-14(b)(1), "stay away order | ||||||
4 | and additional prohibitions" described
in Section
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5 | 112A-14(b)(3), "removal or concealment of minor child" | ||||||
6 | described in Section
112A-14(b)(8), "order to appear" | ||||||
7 | described in Section 112A-14(b)(9), "physical
care and | ||||||
8 | possession of the minor child" described in Section | ||||||
9 | 112A-14(b)(5),
"protection of property" described in | ||||||
10 | Section 112A-14(b)(11), "prohibition
of entry" | ||||||
11 | described in Section 112A-14(b)(14), "prohibition of | ||||||
12 | access to
records" described in Section | ||||||
13 | 112A-14(b)(15), and "injunctive relief"
described in | ||||||
14 | Section 112A-14(b)(16), the harm which that remedy
is | ||||||
15 | intended to prevent would be likely to occur if the | ||||||
16 | respondent were given
any prior notice, or greater | ||||||
17 | notice than was actually given, of the petitioner's
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18 | efforts to obtain judicial relief; | ||||||
19 | (ii) For the remedy of "grant of exclusive | ||||||
20 | possession of residence"
described in Section | ||||||
21 | 112A-14(b)(2), the immediate danger of further
abuse | ||||||
22 | of petitioner by respondent,
if petitioner chooses or | ||||||
23 | had chosen to remain in the residence or household
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24 | while respondent was given any prior notice or greater | ||||||
25 | notice than was
actually given of petitioner's efforts | ||||||
26 | to obtain judicial relief,
outweighs the hardships to |
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1 | respondent of an emergency order
granting petitioner | ||||||
2 | exclusive possession of the residence or household.
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3 | This remedy shall not be denied because petitioner has | ||||||
4 | or could obtain temporary
shelter elsewhere while | ||||||
5 | prior notice is given to respondent, unless the
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6 | hardships to respondent from exclusion from the home | ||||||
7 | substantially outweigh
those to petitioner. | ||||||
8 | (iii) For the remedy of "possession of personal | ||||||
9 | property"
described in
Section 112A-14(b)(10), | ||||||
10 | improper disposition of the
personal property would be | ||||||
11 | likely
to occur if respondent were given any prior | ||||||
12 | notice, or greater notice than
was actually given, of | ||||||
13 | petitioner's efforts to obtain judicial relief, or
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14 | petitioner has an immediate and pressing need for | ||||||
15 | possession of that property. | ||||||
16 | An emergency order may not include the counseling, legal | ||||||
17 | custody, payment
of support or monetary compensation remedies. | ||||||
18 | (b) Appearance by respondent.
If respondent appears in | ||||||
19 | court for this hearing for an emergency order,
he or she may | ||||||
20 | elect to file a general appearance and testify. Any
resulting | ||||||
21 | order may be an emergency order, governed by this Section. | ||||||
22 | Notwithstanding the
requirements of this Section, if all | ||||||
23 | requirements of Section 112A-18 have been
met, the Court may | ||||||
24 | issue a 30-day interim order. | ||||||
25 | (c) Emergency orders: court holidays and evenings. | ||||||
26 | (1) Prerequisites. When the court is unavailable at the |
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1 | close of
business, the petitioner may file a petition for a | ||||||
2 | 21-day emergency order
before any available circuit judge | ||||||
3 | or associate judge who may grant relief
under this Article. | ||||||
4 | If the judge finds that there is an immediate and present
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5 | danger of abuse to petitioner and that petitioner has | ||||||
6 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
7 | Section 112A-17, that judge
may issue an emergency order of | ||||||
8 | protection. | ||||||
9 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
10 | court
may designate for each county in the circuit at least | ||||||
11 | one judge to be
reasonably available to
issue orally, by | ||||||
12 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
13 | of protection at all times, whether or not the court is in | ||||||
14 | session. | ||||||
15 | (2) Certification and transfer. The judge who issued | ||||||
16 | the order under this Section shall promptly communicate or | ||||||
17 | convey the order to the sheriff to facilitate the entry of | ||||||
18 | the order into the Law Enforcement Agencies Data System by | ||||||
19 | the Department of State Police pursuant to Section 112A-28. | ||||||
20 | Any order issued under this Section and
any documentation | ||||||
21 | in support thereof shall be certified on the next court
day | ||||||
22 | to the appropriate court. The clerk of that court shall | ||||||
23 | immediately
assign a case number, file the petition, order | ||||||
24 | and other documents with the
court and enter the order of | ||||||
25 | record and file it with the sheriff for
service, in | ||||||
26 | accordance with Section 112A-22. Filing the petition shall
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1 | commence proceedings for further relief, under Section | ||||||
2 | 112A-2.
Failure to comply with the requirements of this | ||||||
3 | subsection shall not affect
the validity of the order. | ||||||
4 | (Source: P.A. 90-392, eff. 1-1-98.)".
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