SB3157 EnrolledLRB102 20296 LNS 29148 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Sections 20 and 95 as follows:
 
6    (740 ILCS 21/20)
7    Sec. 20. Commencement of action; filing fees.
8    (a) An action for a stalking no contact order is
9commenced:
10        (1) independently, by filing a petition for a stalking
11    no contact order in any civil court, unless specific
12    courts are designated by local rule or order; or
13        (2) in conjunction with a delinquency petition or a
14    criminal prosecution as provided in Article 112A of the
15    Code of Criminal Procedure of 1963.
16    (a-5) When a petition for an emergency stalking no contact
17order is filed, the petition and file shall not be public and
18shall only be accessible to the court, law enforcement,
19petitioner, victim advocate, counsel of record for either
20party, and the State's Attorney for the county shall not be
21publicly available until the petition is served on the
22respondent.
23    (b) Withdrawal or dismissal of any petition for a stalking

 

 

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1no contact order prior to adjudication where the petitioner is
2represented by the State shall operate as a dismissal without
3prejudice. No action for a stalking no contact order shall be
4dismissed because the respondent is being prosecuted for a
5crime against the petitioner. For any action commenced under
6item (2) of subsection (a) of this Section, dismissal of the
7conjoined case (or a finding of not guilty) shall not require
8dismissal of the action for a stalking no contact order;
9instead, it may be treated as an independent action and, if
10necessary and appropriate, transferred to a different court or
11division.
12    (c) No fee shall be charged by the clerk of the court for
13filing petitions or modifying or certifying orders. No fee
14shall be charged by the sheriff for service by the sheriff of a
15petition, rule, motion, or order in an action commenced under
16this Section.
17    (d) The court shall provide, through the office of the
18clerk of the court, simplified forms for filing of a petition
19under this Section by any person not represented by counsel.
20(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
21    (740 ILCS 21/95)
22    Sec. 95. Emergency stalking no contact order.
23    (a) An emergency stalking no contact order shall issue if
24the petitioner satisfies the requirements of this subsection
25(a). The petitioner shall establish that:

 

 

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1        (1) the court has jurisdiction under Section 50;
2        (2) the requirements of Section 80 are satisfied; and
3        (3) there is good cause to grant the remedy,
4    regardless of prior service of process or of notice upon
5    the respondent, because the harm which that remedy is
6    intended to prevent would be likely to occur if the
7    respondent were given any prior notice, or greater notice
8    than was actually given, of the petitioner's efforts to
9    obtain judicial relief.
10    An emergency stalking no contact order shall be issued by
11the court if it appears from the contents of the petition and
12the examination of the petitioner that the averments are
13sufficient to indicate stalking by the respondent and to
14support the granting of relief under the issuance of the
15stalking no contact order.
16    An emergency stalking no contact order shall be issued if
17the court finds that items (1), (2), and (3) of this subsection
18(a) are met.
19    (a-5) When a petition for an emergency stalking no contact
20order is granted, the petition, order, and file shall not be
21public and shall only be accessible to the court, law
22enforcement, petitioner, victim advocate, counsel of record
23for either party, and the State's Attorney for the county
24shall not be publicly available until the order is served on
25the respondent.
26    (b) If the respondent appears in court for this hearing

 

 

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1for an emergency order, he or she may elect to file a general
2appearance and testify. Any resulting order may be an
3emergency order, governed by this Section. Notwithstanding the
4requirements of this Section, if all requirements of Section
5100 have been met, the court may issue a plenary order.
6    (c) Emergency orders; court holidays and evenings.
7        (1) When the court is unavailable at the close of
8    business, the petitioner may file a petition for a 21-day
9    emergency order before any available circuit judge or
10    associate judge who may grant relief under this Act. If
11    the judge finds that there is an immediate and present
12    danger of abuse against the petitioner and that the
13    petitioner has satisfied the prerequisites set forth in
14    subsection (a), that judge may issue an emergency stalking
15    no contact order.
16        (2) The chief judge of the circuit court may designate
17    for each county in the circuit at least one judge to be
18    reasonably available to issue orally, by telephone, by
19    facsimile, or otherwise, an emergency stalking no contact
20    order at all times, whether or not the court is in session.
21        (3) Any order issued under this Section and any
22    documentation in support of the order shall be certified
23    on the next court day to the appropriate court. The clerk
24    of that court shall immediately assign a case number, file
25    the petition, order, and other documents with the court,
26    and enter the order of record and file it with the sheriff

 

 

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1    for service, in accordance with Section 60. Filing the
2    petition shall commence proceedings for further relief
3    under Section 20. Failure to comply with the requirements
4    of this paragraph (3) does not affect the validity of the
5    order.
6(Source: P.A. 101-255, eff. 1-1-20.)
 
7    Section 10. The Civil No Contact Order Act is amended by
8changing Sections 202, 213, and 214 as follows:
 
9    (740 ILCS 22/202)
10    Sec. 202. Commencement of action; filing fees.
11    (a) An action for a civil no contact order is commenced:
12        (1) independently, by filing a petition for a civil no
13    contact order in any civil court, unless specific courts
14    are designated by local rule or order; or
15        (2) in conjunction with a delinquency petition or a
16    criminal prosecution as provided in Article 112A of the
17    Code of Criminal Procedure of 1963.
18    (a-5) When a petition for an emergency a civil no contact
19order is filed, the petition and file shall not be public and
20shall only be accessible to the court, law enforcement,
21petitioner, rape crisis advocate, counsel of record for either
22party, and the State's Attorney for the county shall not be
23publicly available until the petition is served on the
24respondent.

 

 

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1    (b) Withdrawal or dismissal of any petition for a civil no
2contact order prior to adjudication where the petitioner is
3represented by the State shall operate as a dismissal without
4prejudice. No action for a civil no contact order shall be
5dismissed because the respondent is being prosecuted for a
6crime against the petitioner. For any action commenced under
7item (2) of subsection (a) of this Section, dismissal of the
8conjoined case (or a finding of not guilty) shall not require
9dismissal of the action for a civil no contact order; instead,
10it may be treated as an independent action and, if necessary
11and appropriate, transferred to a different court or division.
12    (c) No fee shall be charged by the clerk of the court for
13filing petitions or modifying or certifying orders. No fee
14shall be charged by the sheriff for service by the sheriff of a
15petition, rule, motion, or order in an action commenced under
16this Section.
17    (d) The court shall provide, through the office of the
18clerk of the court, simplified forms for filing of a petition
19under this Section by any person not represented by counsel.
20(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
21    (740 ILCS 22/213)
22    (Text of Section before amendment by P.A. 102-220)
23    Sec. 213. Civil no contact order; remedies.
24    (a) If the court finds that the petitioner has been a
25victim of non-consensual sexual conduct or non-consensual

 

 

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1sexual penetration, a civil no contact order shall issue;
2provided that the petitioner must also satisfy the
3requirements of Section 214 on emergency orders or Section 215
4on plenary orders. The petitioner shall not be denied a civil
5no contact order because the petitioner or the respondent is a
6minor. The court, when determining whether or not to issue a
7civil no contact order, may not require physical injury on the
8person of the victim. Modification and extension of prior
9civil no contact orders shall be in accordance with this Act.
10    (a-5) (Blank). When a petition for a civil no contact
11order is granted, the order shall not be publicly available
12until the order is served on the respondent.
13    (b) (Blank).
14    (b-5) The court may provide relief as follows:
15        (1) prohibit the respondent from knowingly coming
16    within, or knowingly remaining within, a specified
17    distance from the petitioner;
18        (2) restrain the respondent from having any contact,
19    including nonphysical contact, with the petitioner
20    directly, indirectly, or through third parties, regardless
21    of whether those third parties know of the order;
22        (3) prohibit the respondent from knowingly coming
23    within, or knowingly remaining within, a specified
24    distance from the petitioner's residence, school, day care
25    or other specified location;
26        (4) order the respondent to stay away from any

 

 

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1    property or animal owned, possessed, leased, kept, or held
2    by the petitioner and forbid the respondent from taking,
3    transferring, encumbering, concealing, harming, or
4    otherwise disposing of the property or animal; and
5        (5) order any other injunctive relief as necessary or
6    appropriate for the protection of the petitioner.
7    (b-6) When the petitioner and the respondent attend the
8same public or private elementary, middle, or high school, the
9court when issuing a civil no contact order and providing
10relief shall consider the severity of the act, any continuing
11physical danger or emotional distress to the petitioner, the
12educational rights guaranteed to the petitioner and respondent
13under federal and State law, the availability of a transfer of
14the respondent to another school, a change of placement or a
15change of program of the respondent, the expense, difficulty,
16and educational disruption that would be caused by a transfer
17of the respondent to another school, and any other relevant
18facts of the case. The court may order that the respondent not
19attend the public, private, or non-public elementary, middle,
20or high school attended by the petitioner, order that the
21respondent accept a change of placement or program, as
22determined by the school district or private or non-public
23school, or place restrictions on the respondent's movements
24within the school attended by the petitioner. The respondent
25bears the burden of proving by a preponderance of the evidence
26that a transfer, change of placement, or change of program of

 

 

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1the respondent is not available. The respondent also bears the
2burden of production with respect to the expense, difficulty,
3and educational disruption that would be caused by a transfer
4of the respondent to another school. A transfer, change of
5placement, or change of program is not unavailable to the
6respondent solely on the ground that the respondent does not
7agree with the school district's or private or non-public
8school's transfer, change of placement, or change of program
9or solely on the ground that the respondent fails or refuses to
10consent to or otherwise does not take an action required to
11effectuate a transfer, change of placement, or change of
12program. When a court orders a respondent to stay away from the
13public, private, or non-public school attended by the
14petitioner and the respondent requests a transfer to another
15attendance center within the respondent's school district or
16private or non-public school, the school district or private
17or non-public school shall have sole discretion to determine
18the attendance center to which the respondent is transferred.
19In the event the court order results in a transfer of the minor
20respondent to another attendance center, a change in the
21respondent's placement, or a change of the respondent's
22program, the parents, guardian, or legal custodian of the
23respondent is responsible for transportation and other costs
24associated with the transfer or change.
25    (b-7) The court may order the parents, guardian, or legal
26custodian of a minor respondent to take certain actions or to

 

 

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1refrain from taking certain actions to ensure that the
2respondent complies with the order. In the event the court
3orders a transfer of the respondent to another school, the
4parents or legal guardians of the respondent are responsible
5for transportation and other costs associated with the change
6of school by the respondent.
7    (c) Denial of a remedy may not be based, in whole or in
8part, on evidence that:
9        (1) the respondent has cause for any use of force,
10    unless that cause satisfies the standards for justifiable
11    use of force provided by Article 7 of the Criminal Code of
12    2012;
13        (2) the respondent was voluntarily intoxicated;
14        (3) the petitioner acted in self-defense or defense of
15    another, provided that, if the petitioner utilized force,
16    such force was justifiable under Article 7 of the Criminal
17    Code of 2012;
18        (4) the petitioner did not act in self-defense or
19    defense of another;
20        (5) the petitioner left the residence or household to
21    avoid further non-consensual sexual conduct or
22    non-consensual sexual penetration by the respondent; or
23        (6) the petitioner did not leave the residence or
24    household to avoid further non-consensual sexual conduct
25    or non-consensual sexual penetration by the respondent.
26    (d) Monetary damages are not recoverable as a remedy.

 

 

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1(Source: P.A. 101-255, eff. 1-1-20.)
 
2    (Text of Section after amendment by P.A. 102-220)
3    Sec. 213. Civil no contact order; remedies.
4    (a) If the court finds that the petitioner has been a
5victim of non-consensual sexual conduct or non-consensual
6sexual penetration, a civil no contact order shall issue;
7provided that the petitioner must also satisfy the
8requirements of Section 214 on emergency orders or Section 215
9on plenary orders. The petitioner shall not be denied a civil
10no contact order because the petitioner or the respondent is a
11minor. The court, when determining whether or not to issue a
12civil no contact order, may not require physical injury on the
13person of the victim. Modification and extension of prior
14civil no contact orders shall be in accordance with this Act.
15    (a-5) (Blank). When a petition for a civil no contact
16order is granted, the order shall not be publicly available
17until the order is served on the respondent.
18    (b) (Blank).
19    (b-5) The court may provide relief as follows:
20        (1) prohibit the respondent from knowingly coming
21    within, or knowingly remaining within, a specified
22    distance from the petitioner;
23        (2) restrain the respondent from having any contact,
24    including nonphysical contact and electronic communication
25    as defined in Section 26.5-0.1 of the Criminal Code of

 

 

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1    2012, with the petitioner directly, indirectly, or through
2    third parties, regardless of whether those third parties
3    know of the order;
4        (3) prohibit the respondent from knowingly coming
5    within, or knowingly remaining within, a specified
6    distance from the petitioner's residence, school, day care
7    or other specified location;
8        (4) order the respondent to stay away from any
9    property or animal owned, possessed, leased, kept, or held
10    by the petitioner and forbid the respondent from taking,
11    transferring, encumbering, concealing, harming, or
12    otherwise disposing of the property or animal; and
13        (5) order any other injunctive relief as necessary or
14    appropriate for the protection of the petitioner.
15    (b-6) When the petitioner and the respondent attend the
16same public or private elementary, middle, or high school, the
17court when issuing a civil no contact order and providing
18relief shall consider the severity of the act, any continuing
19physical danger or emotional distress to the petitioner, the
20educational rights guaranteed to the petitioner and respondent
21under federal and State law, the availability of a transfer of
22the respondent to another school, a change of placement or a
23change of program of the respondent, the expense, difficulty,
24and educational disruption that would be caused by a transfer
25of the respondent to another school, and any other relevant
26facts of the case. The court may order that the respondent not

 

 

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1attend the public, private, or non-public elementary, middle,
2or high school attended by the petitioner, order that the
3respondent accept a change of placement or program, as
4determined by the school district or private or non-public
5school, or place restrictions on the respondent's movements
6within the school attended by the petitioner. The respondent
7bears the burden of proving by a preponderance of the evidence
8that a transfer, change of placement, or change of program of
9the respondent is not available. The respondent also bears the
10burden of production with respect to the expense, difficulty,
11and educational disruption that would be caused by a transfer
12of the respondent to another school. A transfer, change of
13placement, or change of program is not unavailable to the
14respondent solely on the ground that the respondent does not
15agree with the school district's or private or non-public
16school's transfer, change of placement, or change of program
17or solely on the ground that the respondent fails or refuses to
18consent to or otherwise does not take an action required to
19effectuate a transfer, change of placement, or change of
20program. When a court orders a respondent to stay away from the
21public, private, or non-public school attended by the
22petitioner and the respondent requests a transfer to another
23attendance center within the respondent's school district or
24private or non-public school, the school district or private
25or non-public school shall have sole discretion to determine
26the attendance center to which the respondent is transferred.

 

 

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1In the event the court order results in a transfer of the minor
2respondent to another attendance center, a change in the
3respondent's placement, or a change of the respondent's
4program, the parents, guardian, or legal custodian of the
5respondent is responsible for transportation and other costs
6associated with the transfer or change.
7    (b-7) The court may order the parents, guardian, or legal
8custodian of a minor respondent to take certain actions or to
9refrain from taking certain actions to ensure that the
10respondent complies with the order. In the event the court
11orders a transfer of the respondent to another school, the
12parents or legal guardians of the respondent are responsible
13for transportation and other costs associated with the change
14of school by the respondent.
15    (c) Denial of a remedy may not be based, in whole or in
16part, on evidence that:
17        (1) the respondent has cause for any use of force,
18    unless that cause satisfies the standards for justifiable
19    use of force provided by Article 7 of the Criminal Code of
20    2012;
21        (2) the respondent was voluntarily intoxicated;
22        (3) the petitioner acted in self-defense or defense of
23    another, provided that, if the petitioner utilized force,
24    such force was justifiable under Article 7 of the Criminal
25    Code of 2012;
26        (4) the petitioner did not act in self-defense or

 

 

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1    defense of another;
2        (5) the petitioner left the residence or household to
3    avoid further non-consensual sexual conduct or
4    non-consensual sexual penetration by the respondent; or
5        (6) the petitioner did not leave the residence or
6    household to avoid further non-consensual sexual conduct
7    or non-consensual sexual penetration by the respondent.
8    (d) Monetary damages are not recoverable as a remedy.
9(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)
 
10    (740 ILCS 22/214)
11    Sec. 214. Emergency civil no contact order.
12    (a) An emergency civil no contact order shall issue if the
13petitioner satisfies the requirements of this subsection (a).
14The petitioner shall establish that:
15        (1) the court has jurisdiction under Section 206;
16        (2) the requirements of Section 213 are satisfied; and
17        (3) there is good cause to grant the remedy,
18    regardless of prior service of process or of notice upon
19    the respondent, because the harm which that remedy is
20    intended to prevent would be likely to occur if the
21    respondent were given any prior notice, or greater notice
22    than was actually given, of the petitioner's efforts to
23    obtain judicial relief.
24    An emergency civil no contact order shall be issued by the
25court if it appears from the contents of the petition and the

 

 

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1examination of the petitioner that the averments are
2sufficient to indicate nonconsensual sexual conduct or
3nonconsensual sexual penetration by the respondent and to
4support the granting of relief under the issuance of the civil
5no contact order.
6    An emergency civil no contact order shall be issued if the
7court finds that subsections (1), (2), and (3) above are met.
8    (a-5) When a petition for a civil no contact order is
9granted, the petition, order, and file shall not be public and
10shall only be accessible to the court, law enforcement,
11petitioner, rape crisis advocate, counsel of record for either
12party, and the State's Attorney for the county until the
13petition is served on the respondent.
14    (b) If the respondent appears in court for this hearing
15for an emergency order, he or she may elect to file a general
16appearance and testify. Any resulting order may be an
17emergency order, governed by this Section. Notwithstanding the
18requirements of this Section, if all requirements of Section
19215 have been met, the court may issue a plenary order.
20    (c) Emergency orders; court holidays and evenings.
21        (1) When the court is unavailable at the close of
22    business, the petitioner may file a petition for a 21-day
23    emergency order before any available circuit judge or
24    associate judge who may grant relief under this Act. If
25    the judge finds that there is an immediate and present
26    danger of abuse against the petitioner and that the

 

 

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1    petitioner has satisfied the prerequisites set forth in
2    subsection (a), that judge may issue an emergency civil no
3    contact order.
4        (2) The chief judge of the circuit court may designate
5    for each county in the circuit at least one judge to be
6    reasonably available to issue orally, by telephone, by
7    facsimile, or otherwise, an emergency civil no contact
8    order at all times, whether or not the court is in session.
9        (3) Any order issued under this Section and any
10    documentation in support of the order shall be certified
11    on the next court day to the appropriate court. The clerk
12    of that court shall immediately assign a case number, file
13    the petition, order, and other documents with the court,
14    and enter the order of record and file it with the sheriff
15    for service, in accordance with Section 222. Filing the
16    petition shall commence proceedings for further relief
17    under Section 202. Failure to comply with the requirements
18    of this paragraph (3) does not affect the validity of the
19    order.
20(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05;
2194-360, eff. 1-1-06.)
 
22    Section 15. The Illinois Domestic Violence Act of 1986 is
23amended by changing Section 217 as follows:
 
24    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)

 

 

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1    Sec. 217. Emergency order of protection.
2    (a) Prerequisites. An emergency order of protection shall
3issue if petitioner satisfies the requirements of this
4subsection for one or more of the requested remedies. For each
5remedy requested, petitioner shall establish that:
6        (1) The court has jurisdiction under Section 208;
7        (2) The requirements of Section 214 are satisfied; and
8        (3) There is good cause to grant the remedy,
9    regardless of prior service of process or of notice upon
10    the respondent, because:
11            (i) For the remedies of "prohibition of abuse"
12        described in Section 214(b)(1), "stay away order and
13        additional prohibitions" described in Section
14        214(b)(3), "removal or concealment of minor child"
15        described in Section 214(b)(8), "order to appear"
16        described in Section 214(b)(9), "physical care and
17        possession of the minor child" described in Section
18        214(b)(5), "protection of property" described in
19        Section 214(b)(11), "prohibition of entry" described
20        in Section 214(b)(14), "prohibition of firearm
21        possession" described in Section 214(b)(14.5),
22        "prohibition of access to records" described in
23        Section 214(b)(15), and "injunctive relief" described
24        in Section 214(b)(16), the harm which that remedy is
25        intended to prevent would be likely to occur if the
26        respondent were given any prior notice, or greater

 

 

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1        notice than was actually given, of the petitioner's
2        efforts to obtain judicial relief;
3            (ii) For the remedy of "grant of exclusive
4        possession of residence" described in Section
5        214(b)(2), the immediate danger of further abuse of
6        petitioner by respondent, if petitioner chooses or had
7        chosen to remain in the residence or household while
8        respondent was given any prior notice or greater
9        notice than was actually given of petitioner's efforts
10        to obtain judicial relief, outweighs the hardships to
11        respondent of an emergency order granting petitioner
12        exclusive possession of the residence or household.
13        This remedy shall not be denied because petitioner has
14        or could obtain temporary shelter elsewhere while
15        prior notice is given to respondent, unless the
16        hardships to respondent from exclusion from the home
17        substantially outweigh those to petitioner;
18            (iii) For the remedy of "possession of personal
19        property" described in Section 214(b)(10), improper
20        disposition of the personal property would be likely
21        to occur if respondent were given any prior notice, or
22        greater notice than was actually given, of
23        petitioner's efforts to obtain judicial relief, or
24        petitioner has an immediate and pressing need for
25        possession of that property.
26    An emergency order may not include the counseling, legal

 

 

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1custody, payment of support or monetary compensation remedies.
2    (a-5) When a petition for an emergency order of protection
3is granted, the order and file shall not be public and shall
4only be accessible to the court, petitioner, law enforcement,
5domestic violence advocate or counselor, counsel of record for
6either party, and the State's Attorney for the county shall
7not be publicly available until the order is served on the
8respondent.
9    (b) Appearance by respondent. If respondent appears in
10court for this hearing for an emergency order, he or she may
11elect to file a general appearance and testify. Any resulting
12order may be an emergency order, governed by this Section.
13Notwithstanding the requirements of this Section, if all
14requirements of Section 218 have been met, the court may issue
15a 30-day interim order.
16    (c) Emergency orders: court holidays and evenings.
17        (1) Prerequisites. When the court is unavailable at
18    the close of business, the petitioner may file a petition
19    for a 21-day emergency order before any available circuit
20    judge or associate judge who may grant relief under this
21    Act. If the judge finds that there is an immediate and
22    present danger of abuse to petitioner and that petitioner
23    has satisfied the prerequisites set forth in subsection
24    (a) of Section 217, that judge may issue an emergency
25    order of protection.
26        (1.5) Issuance of order. The chief judge of the

 

 

SB3157 Enrolled- 21 -LRB102 20296 LNS 29148 b

1    circuit court may designate for each county in the circuit
2    at least one judge to be reasonably available to issue
3    orally, by telephone, by facsimile, or otherwise, an
4    emergency order of protection at all times, whether or not
5    the court is in session.
6        (2) Certification and transfer. The judge who issued
7    the order under this Section shall promptly communicate or
8    convey the order to the sheriff to facilitate the entry of
9    the order into the Law Enforcement Agencies Data System by
10    the Department of State Police pursuant to Section 302.
11    Any order issued under this Section and any documentation
12    in support thereof shall be certified on the next court
13    day to the appropriate court. The clerk of that court
14    shall immediately assign a case number, file the petition,
15    order and other documents with the court, and enter the
16    order of record and file it with the sheriff for service,
17    in accordance with Section 222. Filing the petition shall
18    commence proceedings for further relief under Section 202.
19    Failure to comply with the requirements of this subsection
20    shall not affect the validity of the order.
21(Source: P.A. 101-255, eff. 1-1-20.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

SB3157 Enrolled- 22 -LRB102 20296 LNS 29148 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.