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Rep. Keith Farnham
Filed: 3/9/2010
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09600HB5510ham001 |
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LRB096 19632 AJO 38135 a |
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| AMENDMENT TO HOUSE BILL 5510
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| AMENDMENT NO. ______. Amend House Bill 5510 on page 1, |
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| immediately below line 3, by inserting the following:
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| "Section 3. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 112A-17 as follows:
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| (725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17) |
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| Sec. 112A-17. Emergency order of protection. |
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| (a) Prerequisites. An emergency order of protection shall |
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| issue if
petitioner
satisfies the requirements of this |
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| subsection for one or more of the requested
remedies. For each |
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| remedy requested, petitioner shall establish that: |
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| (1) The court has jurisdiction under Section 112A-9; |
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| (2) The requirements of Section 112A-14 are satisfied; |
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| and |
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| (3) There is good cause to grant the remedy, regardless |
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| of prior service
of process or of notice upon the |
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09600HB5510ham001 |
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LRB096 19632 AJO 38135 a |
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| respondent, because: |
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| (i) For the remedies of "prohibition of abuse" |
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| described in
Section 112A-14(b)(1), "stay away order |
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| and additional prohibitions" described
in Section
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| 112A-14(b)(3), "removal or concealment of minor child" |
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| described in Section
112A-14(b)(8), "order to appear" |
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| described in Section 112A-14(b)(9), "physical
care and |
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| possession of the minor child" described in Section |
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| 112A-14(b)(5),
"protection of property" described in |
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| Section 112A-14(b)(11), "prohibition
of entry" |
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| described in Section 112A-14(b)(14), "prohibition of |
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| access to
records" described in Section |
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| 112A-14(b)(15), and "injunctive relief"
described in |
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| Section 112A-14(b)(16), the harm which that remedy
is |
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| intended to prevent would be likely to occur if the |
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| respondent were given
any prior notice, or greater |
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| notice than was actually given, of the petitioner's
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| efforts to obtain judicial relief; |
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| (ii) For the remedy of "grant of exclusive |
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| possession of residence"
described in Section |
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| 112A-14(b)(2), the immediate danger of further
abuse |
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| of petitioner by respondent,
if petitioner chooses or |
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| had chosen to remain in the residence or household
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| while respondent was given any prior notice or greater |
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| notice than was
actually given of petitioner's efforts |
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| to obtain judicial relief,
outweighs the hardships to |
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09600HB5510ham001 |
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LRB096 19632 AJO 38135 a |
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| respondent of an emergency order
granting petitioner |
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| exclusive possession of the residence or household.
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| This remedy shall not be denied because petitioner has |
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| or could obtain temporary
shelter elsewhere while |
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| prior notice is given to respondent, unless the
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| hardships to respondent from exclusion from the home |
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| substantially outweigh
those to petitioner. |
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| (iii) For the remedy of "possession of personal |
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| property"
described in
Section 112A-14(b)(10), |
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| improper disposition of the
personal property would be |
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| likely
to occur if respondent were given any prior |
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| notice, or greater notice than
was actually given, of |
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| petitioner's efforts to obtain judicial relief, or
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| petitioner has an immediate and pressing need for |
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| possession of that property. |
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| An emergency order may not include the counseling, legal |
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| custody, payment
of support or monetary compensation remedies. |
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| (b) Appearance by respondent.
If respondent appears in |
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| court for this hearing for an emergency order,
he or she may |
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| elect to file a general appearance and testify. Any
resulting |
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| order may be an emergency order, governed by this Section. |
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| Notwithstanding the
requirements of this Section, if all |
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| requirements of Section 112A-18 have been
met, the Court may |
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| issue a 30-day interim order. |
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| (c) Emergency orders: court holidays and evenings. |
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| (1) Prerequisites. When the court is unavailable at the |
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LRB096 19632 AJO 38135 a |
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| close of
business, the petitioner may file a petition for a |
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| 21-day emergency order
before any available circuit judge |
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| or associate judge who may grant relief
under this Article. |
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| If the judge finds that there is an immediate and present
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| danger of abuse to petitioner and that petitioner has |
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| satisfied the
prerequisites set forth in subsection (a) of |
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| Section 112A-17, that judge
may issue an emergency order of |
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| protection. |
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| (1.5) Issuance of order. The chief judge of the circuit |
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| court
may designate for each county in the circuit at least |
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| one judge to be
reasonably available to
issue orally, by |
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| telephone, by facsimile, or otherwise, an emergency
order |
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| of protection at all times, whether or not the court is in |
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| session. |
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| (2) Certification and transfer. The judge who issued |
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| the order under this Section shall promptly communicate or |
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| convey the order to the sheriff to facilitate the entry of |
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| the order into the Law Enforcement Agencies Data System by |
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| the Department of State Police pursuant to Section 112A-28. |
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| Any order issued under this Section and
any documentation |
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| in support thereof shall be certified on the next court
day |
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| to the appropriate court. The clerk of that court shall |
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| immediately
assign a case number, file the petition, order |
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| and other documents with the
court and enter the order of |
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| record and file it with the sheriff for
service, in |
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| accordance with Section 112A-22. Filing the petition shall
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