093_HB1400

 
                                     LRB093 07935 LCB 08126 b

 1        AN ACT concerning civil no contact orders.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE I
 5                         GENERAL PROVISIONS

 6        Section  101.  Short  title. This Act may be cited as the
 7    Civil No Contact Order Act.

 8        Section  102.  Purpose.   Sexual  assault  is  the   most
 9    heinous  crime against another person short of murder. Sexual
10    assault inflicts  humiliation,  degradation,  and  terror  on
11    victims.  According  to  the  FBI,  a  woman is raped every 6
12    minutes in the United States. Rape is recognized as the  most
13    underreported crime; estimates suggest that only one in seven
14    rapes  is  reported to authorities. Victims who do not report
15    the crime still desire  safety  and  protection  from  future
16    interactions  with the offender. Some cases in which the rape
17    is reported are not  prosecuted.  In  these  situations,  the
18    victim  should  be able to seek a civil remedy requiring only
19    that the offender stay away from the victim.

20        Section 103. Definitions. As used in this Act:
21        "Abuse" means physical abuse, harassment, intimidation of
22    a dependent, or interference with personal liberty.
23        "Civil no contact order"  means  an  emergency  order  or
24    plenary order granted under this Act, which includes a remedy
25    authorized by Section 213 of this Act.
26        "Non-consensual" means a lack of freely given agreement.
27        "Petitioner"  means  any  named  petitioner  for  the  no
28    contact  order  or  any named victim of non-consensual sexual
29    conduct or non-consensual sexual penetration on whose  behalf
 
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 1    the petition is brought.
 2        "Sexual   conduct"   means  any  intentional  or  knowing
 3    touching or fondling by the  petitioner  or  the  respondent,
 4    either directly or through clothing, of the sex organs, anus,
 5    or breast of the petitioner or the respondent, or any part of
 6    the body of a child under 13 years of age, or any transfer or
 7    transmission  of semen by the respondent upon any part of the
 8    clothed or unclothed body of the petitioner, for the  purpose
 9    of  sexual  gratification or arousal of the petitioner or the
10    respondent.
11        "Sexual penetration" means any contact,  however  slight,
12    between the sex organ or anus of one person by an object, the
13    sex organ, mouth or anus of another person, or any intrusion,
14    however  slight,  of any part of the body of one person or of
15    any animal or object into the sex organ or  anus  of  another
16    person, including but not limited to cunnilingus, fellatio or
17    anal  penetration.  Evidence  of  emission  of  semen  is not
18    required to prove sexual penetration.

19                             ARTICLE II
20                       CIVIL NO CONTACT ORDERS

21        Section 201. Persons protected by this  Act.  A  petition
22    for a civil no contact order may be filed:
23             (1)  by any person who is a victim of non-consensual
24        sexual  conduct  or  non-consensual  sexual  penetration,
25        including  a  single  incident  of  non-consensual sexual
26        conduct or non-consensual sexual penetration; or
27             (2)  by a person on behalf of a minor  child  or  an
28        adult who is a victim of non-consensual sexual conduct or
29        non-consensual  sexual  penetration  but, because of age,
30        disability, health, or inaccessibility, cannot  file  the
31        petition.
 
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 1        Section 202. Commencement of action; filing fees.
 2        (a)  An  action for a civil no contact order is commenced
 3    by filing a petition for a civil  no  contact  order  in  any
 4    civil  court,  unless specific courts are designated by local
 5    rule or order.
 6        (b)  No fee shall be charged by the clerk  of  the  court
 7    for  filing  petitions  or modifying or certifying orders. No
 8    fee shall be charged  by  the  sheriff  for  service  by  the
 9    sheriff  of  a  petition, rule, motion, or order in an action
10    commenced under this Section.
11        (c)  The court shall provide, through the office  of  the
12    clerk  of the court, simplified forms and clerical assistance
13    to help with the writing and filing of a petition under  this
14    Section by any person not represented by counsel.

15        Section 203. Pleading; non-disclosure of address.
16        (a)  A  petition for a civil no contact order shall be in
17    writing and verified or accompanied by  affidavit  and  shall
18    allege   that   the   petitioner   has  been  the  victim  of
19    non-consensual  sexual  conduct  or   non-consensual   sexual
20    penetration by the respondent.
21        (b)  If  the  petition  states  that  disclosure  of  the
22    petitioner's  address  would  risk abuse of the petitioner or
23    any member of the  petitioner's  family  or  household,  that
24    address  may  be  omitted  from  all documents filed with the
25    court. If the petitioner has not disclosed an  address  under
26    this   subsection,   the   petitioner   shall   designate  an
27    alternative address at which the respondent may serve  notice
28    of any motions.

29        Section  204.  Application  of  rules of civil procedure;
30    rape crisis advocates.
31        (a)  Any proceeding to obtain, modify, reopen or appeal a
32    civil no contact order shall be  governed  by  the  rules  of
 
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 1    civil  procedure of this State. The standard of proof in such
 2    a proceeding is proof by a preponderance of the evidence. The
 3    Code of Civil Procedure and Supreme  Court  and  local  court
 4    rules  applicable to civil proceedings shall apply, except as
 5    otherwise provided by this Act.
 6        (b)  In circuit courts, rape crisis  advocates  shall  be
 7    allowed  to  accompany the victim and confer with the victim,
 8    unless otherwise directed by the court. Court  administrators
 9    shall  allow  rape  crisis  advocates  to  assist  victims of
10    non-consensual  sexual  conduct  or   non-consensual   sexual
11    penetration  in  the  preparation  of  petitions for civil no
12    contact orders. Rape crisis advocates are not engaged in  the
13    unauthorized practice of law when providing assistance of the
14    types  specified  in  this  subsection  (b).   Communications
15    between  the  petitioner  and  a  rape  crisis  advocate  are
16    protected  by  the confidentiality of statements made to rape
17    crisis personnel as provided for in Section  8-802.1  of  the
18    Code of Civil Procedure.

19        Section  204.5. Trial by jury. There shall be no right to
20    trial by jury in any proceeding to obtain, modify, vacate  or
21    extend  any  order  of  protection  under this Act.  However,
22    nothing in this Section shall  deny  any  existing  right  to
23    trial by jury in a criminal proceeding.

24        Section  205.  Subject  matter  jurisdiction. Each of the
25    circuit courts has  the  power  to  issue  civil  no  contact
26    orders.

27        Section  206.  Jurisdiction  over  persons. The courts of
28    this State have jurisdiction to bind (1) State residents  and
29    (2) non-residents having minimum contacts with this State, to
30    the  extent  permitted by the long-arm statute, Section 2-209
31    of the Code of Civil Procedure.
 
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 1        Section 207. Venue. A petition for  a  civil  no  contact
 2    order  may  be  filed  in any county where (1) the petitioner
 3    resides, (2) the  respondent  resides,  or  (3)  the  alleged
 4    non-consensual   sexual   conduct  or  non-consensual  sexual
 5    penetration occurred.

 6        Section 208. Process.
 7        (a)  Any action for a civil  no  contact  order  requires
 8    that  a  separate  summons  be issued and served. The summons
 9    shall be in the form prescribed by Supreme Court Rule 101(d),
10    except that it shall require  the  respondent  to  answer  or
11    appear  within  7  days. Attachments to the summons or notice
12    shall include the petition for civil  no  contact  order  and
13    supporting  affidavits,  if  any,  and any emergency civil no
14    contact order that has been issued.
15        (b)  The summons shall be served by the sheriff or  other
16    law  enforcement  officer at the earliest time and shall take
17    precedence over other summonses except  those  of  a  similar
18    emergency nature. Special process servers may be appointed at
19    any   time,  and  their  designation  shall  not  affect  the
20    responsibilities  and  authority  of  the  sheriff  or  other
21    official process servers.
22        (c)  Service of process on a member of  the  respondent's
23    household  or  by  publication  shall be adequate if: (1) the
24    petitioner has made  all  reasonable  efforts  to  accomplish
25    actual service of process personally upon the respondent, but
26    the  respondent  cannot  be found to effect such service; and
27    (2) the petitioner  files  an  affidavit  or  presents  sworn
28    testimony as to those efforts.
29        (d)  A  plenary  civil no contact order may be entered by
30    default for  the  remedy  sought  in  the  petition,  if  the
31    respondent has been served or given notice in accordance with
32    subsection  (a) and if the respondent then fails to appear as
33    directed or fails to appear on any subsequent  appearance  or
 
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 1    hearing date agreed to by the parties or set by the court.

 2        Section  209.  Service  of  notice of hearings. Except as
 3    provided in Section 208, notice of hearings on  petitions  or
 4    motions  shall  be  served  in  accordance with Supreme Court
 5    Rules 11 and 12, unless notice is excused by Section  214  of
 6    this  Act  or  by  the Code of Civil Procedure, Supreme Court
 7    Rules, or local rules.

 8        Section 210. Hearings. A petition for a civil no  contact
 9    order  shall  be  treated  as an expedited proceeding, and no
10    court may transfer or otherwise decline to decide all or part
11    of such petition. Nothing in this Section shall  prevent  the
12    court   from  reserving  issues  if  jurisdiction  or  notice
13    requirements are not met.

14        Section 211. Continuances.
15        (a)  Petitions for emergency remedies shall be granted or
16    denied in accordance  with  the  standards  of  Section  214,
17    regardless  of  the  respondent's  appearance  or presence in
18    court.
19        (b)  Any action for  a  civil  no  contact  order  is  an
20    expedited  proceeding. Continuances shall be granted only for
21    good cause shown and kept to the minimum reasonable duration,
22    taking into account the reasons for the continuance.

23        Section 212. Hearsay exception.
24        (a)  In  proceedings  for  a   no   contact   order   and
25    prosecutions  for  violating  a  no-contact  order, the prior
26    sexual activity  or  the  reputation  of  the  petitioner  is
27    inadmissible except:
28             (1)  as  evidence concerning the past sexual conduct
29        of the petitioner with the respondent when this  evidence
30        is  offered  by  the respondent upon the issue of whether
 
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 1        the petitioner  consented  to  the  sexual  conduct  with
 2        respect to which the offense is alleged; or
 3             (2)  when constitutionally required to be admitted.
 4        (b)  No  evidence  admissible  under  this Section may be
 5    introduced unless ruled admissible by the trial  judge  after
 6    an  offer  of proof has been made at a hearing held in camera
 7    to determine whether the respondent has evidence  to  impeach
 8    the  witness in the event that prior sexual activity with the
 9    respondent is  denied.  The  offer  of  proof  shall  include
10    reasonably  specific  information  as  to the date, time, and
11    place of the past sexual conduct between the  petitioner  and
12    the  respondent.  Unless  the  court  finds  that  reasonably
13    specific  information  as  to  date,  time, or place, or some
14    combination thereof, has been  offered  as  to  prior  sexual
15    activity  with  the  respondent,  counsel  for the respondent
16    shall be ordered to refrain from inquiring into prior  sexual
17    activity between the petitioner and the respondent. The court
18    may   not   admit  evidence  under  this  Section  unless  it
19    determines at the hearing that the evidence is  relevant  and
20    the  probative  value of the evidence outweighs the danger of
21    unfair prejudice. The evidence shall be admissible  at  trial
22    to  the  extent  an  order  made  by  the court specifies the
23    evidence that may be admitted and areas with respect to which
24    the petitioner may be examined or cross examined.

25        Section 213. Civil no contact order; remedy.
26        (a)  If the court finds that the petitioner  has  been  a
27    victim  of  non-consensual  sexual  conduct or non-consensual
28    sexual penetration, a civil no  contact  order  shall  issue;
29    provided   that   the   petitioner   must  also  satisfy  the
30    requirements of Section 214 on emergency  orders  or  Section
31    215  on  plenary orders. The petitioner shall not be denied a
32    civil  no  contact  order  because  the  petitioner  or   the
33    respondent is a minor. The court, when determining whether or
 
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 1    not  to  issue  a  civil  no  contact  order, may not require
 2    physical injury on the person of the victim. Modification and
 3    extension of prior  civil  no  contact  orders  shall  be  in
 4    accordance with this Act.
 5        (b)  A  civil no contact order shall order the respondent
 6    to (1) stay away from the petitioner, (2) stay away from  any
 7    other  person  protected  by  the civil no contact order, (3)
 8    prohibit the respondent from abuse as defined in this Act  or
 9    stalking  of  the petitioner, as defined in Section 12-7.3 of
10    the Criminal Code of  1961  if  the  abuse  or  stalking  has
11    occurred   or  otherwise  appears  likely  to  occur  if  not
12    prohibited, or (4) prohibit the respondent from  entering  or
13    remaining  present  at  the  petitioner's  school,  place  of
14    employment,  or  other  specified  places  at  times when the
15    petitioner is present, or  both,  if  reasonable,  given  the
16    balance  of hardships. Hardships need not be balanced for the
17    court to enter a stay away order or  prohibit  entry  if  the
18    respondent has no right to enter the premises.
19        (c)  Denial  of a remedy may not be based, in whole or in
20    part, on evidence that:
21             (1)  the respondent has cause for any use of  force,
22        unless that cause satisfies the standards for justifiable
23        use of force provided by Article VII of the Criminal Code
24        of 1961;
25             (2)  the respondent was voluntarily intoxicated;
26             (3)  the petitioner acted in self-defense or defense
27        of  another,  provided  that,  if the petitioner utilized
28        force, such force was justifiable under  Article  VII  of
29        the Criminal Code of 1961;
30             (4)  the  petitioner  did not act in self-defense or
31        defense of another;
32             (5)  the petitioner left the residence or  household
33        to   avoid   further  non-consensual  sexual  conduct  or
34        non-consensual sexual penetration by the respondent; or
 
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 1             (6)  the petitioner did not leave the  residence  or
 2        household  to avoid further non-consensual sexual conduct
 3        or non-consensual sexual penetration by the respondent.
 4        (d)  Monetary damages are not recoverable as a remedy.

 5        Section 213.5. Accountability for actions of others.  For
 6    the purposes of issuing an order of protection, deciding what
 7    remedies  should be included and enforcing the order, Article
 8    5  of  the  Criminal  Code  of  1961  shall  govern   whether
 9    respondent  is legally accountable for the conduct of another
10    person.

11        Section 214. Emergency civil no contact order.
12        (a)  An emergency civil no contact order shall  issue  if
13    the  petitioner satisfies the requirements of this subsection
14    (a). The petitioner shall establish that:
15             (1)  the court has jurisdiction under Section 208;
16             (2)  the requirements of Section 213 are  satisfied;
17        and
18             (3)  there  is  good  cause  to  grant  the  remedy,
19        regardless  of prior service of process or of notice upon
20        the respondent, because the harm  which  that  remedy  is
21        intended  to  prevent  would  be  likely  to occur if the
22        respondent were given any prior notice, or greater notice
23        than was actually given, of the petitioner's  efforts  to
24        obtain judicial relief.
25        (b)  If  the respondent appears in court for this hearing
26    for an emergency order, he or she may elect to file a general
27    appearance  and  testify.  Any  resulting  order  may  be  an
28    emergency order, governed by  this  Section.  Notwithstanding
29    the  requirements  of  this  Section,  if all requirements of
30    Section 215 have been met, the  court  may  issue  a  plenary
31    order.
32        (c)  Emergency orders; court holidays and evenings.
 
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 1             (1)  When  the  court is unavailable at the close of
 2        business, the petitioner may file a petition for a 21-day
 3        emergency order before any  available  circuit  judge  or
 4        associate  judge  who may grant relief under this Act. If
 5        the judge finds that there is an  immediate  and  present
 6        danger  of  abuse  against  the  petitioner  and that the
 7        petitioner has satisfied the prerequisites set  forth  in
 8        subsection  (a),  that judge may issue an emergency civil
 9        no contact order.
10             (2)  The  chief  judge  of  the  circuit  court  may
11        designate for each county in the  circuit  at  least  one
12        judge  to  be  reasonably  available  to issue orally, by
13        telephone, by facsimile, or otherwise, an emergency civil
14        no contact order at all times, whether or not  the  court
15        is in session.
16             (3)  Any  order  issued  under  this Section and any
17        documentation in support of the order shall be  certified
18        on the next court day to the appropriate court. The clerk
19        of  that  court  shall  immediately assign a case number,
20        file the petition, order, and other  documents  with  the
21        court, and enter the order of record and file it with the
22        sheriff  for  service,  in  accordance  with Section 222.
23        Filing  the  petition  shall  commence  proceedings   for
24        further  relief under Section 202. Failure to comply with
25        the requirements of this paragraph (3)  does  not  affect
26        the validity of the order.

27        Section  215.  Plenary  civil no contact order. A plenary
28    civil no contact order shall  issue  if  the  petitioner  has
29    served   notice   of  the  hearing  for  that  order  on  the
30    respondent, in accordance with Section 209, and satisfies the
31    requirements of this Section. The petitioner  must  establish
32    that:
33             (1)  the court has jurisdiction under Section 206;
 
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 1             (2)  the requirements of Section 213 are satisfied;
 2             (3)  a  general  appearance  was made or filed by or
 3        for  the  respondent  or  process  was  served   on   the
 4        respondent in the manner required by Section 208; and
 5             (4)  the respondent has answered or is in default.

 6        Section 216. Duration and extension of orders.
 7        (a)  Unless  re-opened  or extended or voided by entry of
 8    an order of greater duration, an  emergency  order  shall  be
 9    effective for not less than 14 nor more than 21 days.
10        (b)  Except  as  otherwise  provided  in  this Section, a
11    plenary civil no contact order shall be effective for a fixed
12    period of time, not to exceed 2 years.  A  plenary  civil  no
13    contact  order  entered  in  conjunction  with  another civil
14    proceeding shall remain in effect as follows:
15             (1)  if entered as preliminary relief in that  other
16        proceeding,  until  entry of final judgment in that other
17        proceeding;
18             (2)  if incorporated into the final judgment in that
19        other proceeding, until the civil  no  contact  order  is
20        vacated or modified; or
21             (3)  if  incorporated  in  an  order for involuntary
22        commitment, until termination  of  both  the  involuntary
23        commitment  and  any voluntary commitment, or for a fixed
24        period of time not exceeding 2 years.
25        (b)  Any emergency or plenary order may be  extended  one
26    or more times, as required, provided that the requirements of
27    Section  214  or  215,  as appropriate, are satisfied. If the
28    motion for extension is uncontested and the petitioner  seeks
29    no  modification  of  the order, the order may be extended on
30    the basis of the petitioner's  motion  or  affidavit  stating
31    that   there   has   been  no  material  change  in  relevant
32    circumstances since entry of the order and stating the reason
33    for the requested extension. Extensions may be  granted  only
 
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 1    in  open court and not under the provisions of subsection (c)
 2    of  Section  214,  which  applies  only  when  the  court  is
 3    unavailable at the close of business or on a court holiday.
 4        (c)  Any civil no contact order which would expire  on  a
 5    court  holiday  shall instead expire at the close of the next
 6    court business day.
 7        (d)  The practice of dismissing or suspending a  criminal
 8    prosecution  in  exchange  for  the  issuance  of  a civil no
 9    contact order undermines  the  purposes  of  this  Act.  This
10    Section shall not be construed as encouraging that practice.

11        Section 217. Contents of orders.
12        (a)  Any  civil  no  contact  order  shall  describe each
13    remedy granted by the court, in reasonable detail and not  by
14    reference  to  any other document, so that the respondent may
15    clearly understand what he or she must  do  or  refrain  from
16    doing.
17        (b)  A  civil  no  contact  order shall further state the
18    following:
19             (1)  The name of  each  petitioner  that  the  court
20        finds  was the victim of non-consensual sexual conduct or
21        non-consensual sexual penetration by the  respondent  and
22        the  name of each other person protected by the order and
23        that the person is protected by this Act.
24             (2)  The date and time the civil  no  contact  order
25        was  issued, whether it is an emergency or plenary order,
26        and the duration of the order.
27             (3)  The date, time, and  place  for  any  scheduled
28        hearing  for  extension of that civil no contact order or
29        for another order of greater duration or scope.
30             (4)  For  each  remedy  in  an  emergency  civil  no
31        contact  order,  the  reason  for  entering  that  remedy
32        without prior notice to the respondent or greater  notice
33        than was actually given.
 
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 1        (c)  A civil no contact order shall include the following
 2    notice,  printed  in conspicuous type: "Any knowing violation
 3    of a civil no contact order is a  Class  A  misdemeanor.  Any
 4    second or subsequent violation is a Class 4 felony."

 5        Section 218. Notice of orders.
 6        (a)  Upon  issuance  of  any  civil no contact order, the
 7    clerk shall immediately, or on  the  next  court  day  if  an
 8    emergency  order  is issued in accordance with subsection (c)
 9    of Section 214:
10             (1)  enter the order on the record and  file  it  in
11        accordance with the circuit court procedures; and
12             (2)  provide a file stamped copy of the order to the
13        respondent, if present, and to the petitioner.
14        (b)  The  clerk  of  the  issuing  judge  shall,  or  the
15    petitioner may, on the same day that a civil no contact order
16    is  issued,  file  a  certified  copy  of that order with the
17    sheriff or  other  law  enforcement  officials  charged  with
18    maintaining  Department  of  State  Police records or charged
19    with serving the order upon the respondent. If the order  was
20    issued  in accordance with subsection (c) of Section 214, the
21    clerk shall, on the next court day, file a certified copy  of
22    the order with the Sheriff or other law enforcement officials
23    charged with maintaining Department of State Police records.
24        (c)  Unless  the respondent was present in court when the
25    order  was  issued,  the  sheriff,  other   law   enforcement
26    official, or special process server shall promptly serve that
27    order  upon  the respondent and file proof of such service in
28    the  manner  provided  for  service  of  process   in   civil
29    proceedings.  If  process  has  not  yet been served upon the
30    respondent, it shall be served with the order or  short  form
31    notification.  A  single fee may be charged for service of an
32    order obtained in civil court, or  for  service  of  such  an
33    order  together with process, unless waived or deferred under
 
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 1    Section 208.
 2        (d)  If the person against  whom  the  civil  no  contact
 3    order  is  issued is arrested and the written order is issued
 4    in accordance with subsection (c) of Section 214 and received
 5    by the custodial law enforcement agency before the respondent
 6    or arrestee is  released  from  custody,  the  custodial  law
 7    enforcement  agent  shall  promptly  serve the order upon the
 8    respondent or arrestee before the respondent or  arrestee  is
 9    released  from  custody.  In  no event shall detention of the
10    respondent  or  arrestee  be  extended  for  hearing  on  the
11    petition for civil no contact order or receipt of  the  order
12    issued under Section 214 of this Act.
13        (e)  Any  order  extending,  modifying,  or  revoking any
14    civil no contact order shall be  promptly  recorded,  issued,
15    and served as provided in this Section.
16        (f)  Upon  the request of the petitioner, within 24 hours
17    of the issuance of a civil no contact order, the clerk of the
18    issuing judge shall send written notice of  the  order  along
19    with a certified copy of the order to any school, college, or
20    university at which the petitioner is enrolled.

21        Section 219. Violation. A knowing violation of a civil no
22    contact   order  is  a  Class  A  misdemeanor.  A  second  or
23    subsequent violation is a Class 4 felony.

24                             ARTICLE III
25                  LAW ENFORCEMENT RESPONSIBILITIES

26        Section 301. Arrest without warrant.
27        (a)  Any law  enforcement  officer  may  make  an  arrest
28    without  warrant if the officer has probable cause to believe
29    that the person has committed or is committing a violation of
30    a civil no contact order.
31        (b)  The law enforcement officer may verify the existence
 
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 1    of  a  civil  no  contact  order  by   telephone   or   radio
 2    communication  with  his  or her law enforcement agency or by
 3    referring to the copy of the order provided by the petitioner
 4    or the respondent.

 5        Section  302.  Data  maintenance   by   law   enforcement
 6    agencies.
 7        (a)  All  sheriffs  shall  furnish  to  the Department of
 8    State Police, on the same day as received, in  the  form  and
 9    detail  the  Department  requires,  copies  of  any  recorded
10    emergency  or  plenary  civil no contact orders issued by the
11    court and transmitted to the sheriff  by  the  clerk  of  the
12    court  in  accordance  with  subsection (b) of Section 218 of
13    this Act. Each civil no contact order shall be entered in the
14    Law Enforcement Agencies Data System on the same  day  it  is
15    issued  by  the court. If an emergency civil no contact order
16    was issued in accordance with subsection (c) of Section  214,
17    the  order  shall  be entered in the Law Enforcement Agencies
18    Data System as soon as possible after receipt from the  clerk
19    of the court.
20        (b)  The  Department  of  State  Police  shall maintain a
21    complete and systematic record and index  of  all  valid  and
22    recorded  civil  no contact orders issued under this Act. The
23    data  shall  be  used  to  inform  all  dispatchers  and  law
24    enforcement officers at the scene of an alleged  incident  of
25    non-consensual   sexual   conduct  or  non-consensual  sexual
26    penetration or violation of a civil no contact order  of  any
27    recorded  prior  incident of non-consensual sexual conduct or
28    non-consensual sexual penetration involving  the  victim  and
29    the  effective  dates  and  terms  of  any  recorded civil no
30    contact order.