Illinois General Assembly - Bill Status for HB1400

Creates the Civil No Contact Order Act. Sets forth procedures under which a victim of non-consensual sexual conduct or non-consensual sexual penetration may petition a court for a civil no contact order requiring the person who committed the non-consensual sexual conduct or non-consensual sexual penetration to stay away from the victim. Provides that violation of a civil no contact order is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Provides that a law enforcement officer may make an arrest without a warrant if the officer has probable cause to believe that a person has committed or is committing a violation of a civil no contact order. Provides that sheriffs shall furnish to the Department of State Police copies of no contact orders issued by the court and that civil no contact orders shall be entered in the LEADS system. Provides that the Department of State Police shall maintain a record and index of civil no contact orders.

Provides that an action for a civil no contact order may be commenced either: (1) independently, by filing a petition for a civil no contact order in any civil court; or (2) in conjunction with a delinquency petition or a criminal prosecution, by filing a petition for a civil no contact order under the same case number as the delinquency petition or criminal prosecution. Requires, in cases where the petition is filed in conjunction with a delinquency petition or a criminal prosecution, that (i) the violation be alleged in an information, complaint, indictment, or delinquency petition on file and the alleged victim be a person protected by the Civil No Contact Order Act and (ii) the petition, which is filed by the State's Attorney, name a victim of the alleged crime as a petitioner. Provides that the withdrawal or dismissal of any petition for a civil no contact order prior to adjudication where the petitioner is represented by the State shall operate as a dismissal without prejudice. Provides what a no contact order may require the respondent to do. Provides that no action for a civil no contact order shall be dismissed because the respondent is being prosecuted for a crime against the petitioner. Provides a time period during which a plenary civil no contact order shall stay in effect when entered in conjunction with a criminal prosecution.

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