Bill Status of HB1400  93rd General Assembly


Short Description:  CIVIL NO CONTACT ORDER ACT

House Sponsors
Rep. John A. Fritchey - Julie Hamos - John J. Millner - Renee Kosel - Harry Osterman, Linda Chapa LaVia, Michael P. McAuliffe, Sidney H. Mathias, Karen May, Marlow H. Colvin, Kenneth Dunkin, Karen A. Yarbrough, Mary K. O'Brien, Jack D. Franks, Lou Lang and George Scully, Jr.

Senate Sponsors
(Sen. John J. Cullerton - Kirk W. Dillard - Iris Y. Martinez - Lawrence M. Walsh, Larry K. Bomke, Pamela J. Althoff and Jacqueline Y. Collins)

Last Action
DateChamber Action
  7/22/2003HousePublic Act . . . . . . . . . 93-0236

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
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.

House Floor Amendment No. 1
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.

Actions 
DateChamber Action
  2/6/2003HouseFiled with the Clerk by Rep. John A. Fritchey
  2/6/2003HouseChief Co-Sponsor Rep. Julie Hamos
  2/6/2003HouseChief Co-Sponsor Rep. John J. Millner
  2/6/2003HouseChief Co-Sponsor Rep. Renee Kosel
  2/6/2003HouseChief Co-Sponsor Rep. Harry Osterman
  2/6/2003HouseCo-Sponsor Rep. Linda Chapa LaVia
  2/6/2003HouseFirst Reading
  2/6/2003HouseReferred to Rules Committee
  2/11/2003HouseAssigned to Judiciary I - Civil Law Committee
  2/19/2003HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  2/20/2003HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/20/2003HouseAdded Co-Sponsor Rep. Karen May
  2/21/2003HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 018-000-000
  2/21/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/26/2003HouseSecond Reading - Short Debate
  2/26/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/26/2003HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/26/2003HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  2/27/2003HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/28/2003HouseRecalled to Second Reading - Short Debate
  2/28/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  2/28/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. John A. Fritchey
  2/28/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/5/2003HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/12/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 018-000-000
  3/20/2003HouseAdded Co-Sponsor Rep. Mary K. O'Brien
  3/25/2003HouseSecond Reading - Short Debate
  3/25/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/25/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/26/2003HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/26/2003HouseAdded Co-Sponsor Rep. Lou Lang
  3/26/2003HouseAdded Co-Sponsor Rep. George Scully, Jr.
  3/26/2003HouseThird Reading - Short Debate - Passed 117-000-000
  3/27/2003SenateArrive in Senate
  3/27/2003SenatePlaced on Calendar Order of First Reading April 2, 2003
  3/27/2003SenateChief Senate Sponsor Sen. John J. Cullerton
  4/2/2003SenateFirst Reading
  4/2/2003SenateReferred to Rules
  4/8/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard
  4/10/2003SenateAssigned to Judiciary
  5/1/2003SenateDo Pass Judiciary; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/6/2003SenateAdded as Alternate Co-Sponsor Sen. Larry K. Bomke
  5/6/2003SenateSecond Reading
  5/6/2003SenatePlaced on Calendar Order of 3rd Reading May 7, 2003
  5/7/2003SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/9/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/9/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Lawrence M. Walsh
  5/9/2003SenateThird Reading - Passed; 056-000-000
  5/9/2003HousePassed Both Houses
  5/14/2003SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  6/6/2003HouseSent to the Governor
  7/22/2003HouseGovernor Approved
  7/22/2003HouseEffective Date January 1, 2004
  7/22/2003HousePublic Act . . . . . . . . . 93-0236