Rep. Keith Farnham
Filed: 3/9/2010
 
 

 




 

 		












09600HB5510ham001

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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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    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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        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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    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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    commence proceedings for further relief, under Section 
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    112A-2.
Failure to comply with the requirements of this 
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    subsection shall not affect
the validity of the order.
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(Source: P.A. 90-392, eff. 1-1-98.)".