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Full Text of HB1400  93rd General Assembly

HB1400enr 93rd General Assembly


093_HB1400enr

 
HB1400 Enrolled                      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             (1)  independently, by filing  a  civil  no  contact
 4        order  in  any  civil  court,  unless specific courts are
 5        designated by local rule or order; or
 6             (2)  in conjunction with a delinquency petition or a
 7        criminal prosecution, by filing a petition for a civil no
 8        contact  order  under  the  same  case  number   as   the
 9        delinquency  petition  or  criminal  prosecution,  to  be
10        granted during pre-trial release of a defendant, with any
11        dispositional  order  issued  under  Section 5-710 of the
12        Juvenile Court Act of 1987 or as a condition of  release,
13        supervision,  conditional  discharge, probation, periodic
14        imprisonment, parole, or mandatory supervised release, or
15        in conjunction with imprisonment  or  a  bond  forfeiture
16        warrant, provided that (i) the violation is alleged in an
17        information,   complaint,   indictment,   or  delinquency
18        petition on file and  the  alleged  victim  is  a  person
19        protected  by  this  Act, and (ii) the petition, which is
20        filed by the State's Attorney,  names  a  victim  of  the
21        alleged crime as a petitioner.
22        (b)  Withdrawal  or dismissal of any petition for a civil
23    no contact order prior to adjudication where  the  petitioner
24    is  represented  by  the  State  shall operate as a dismissal
25    without prejudice.  No action for a civil  no  contact  order
26    shall be dismissed because the respondent is being prosecuted
27    for a crime against the petitioner.  For any action commenced
28    under  item  (2) of subsection (a) of this Section, dismissal
29    of the conjoined case (or a finding of not guilty) shall  not
30    require dismissal of the action for a civil no contact order;
31    instead,  it  may be treated as an independent action and, if
32    necessary and appropriate, transferred to a  different  court
33    or division.
34        (c)  No  fee  shall  be charged by the clerk of the court
 
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 1    for filing petitions or modifying or  certifying  orders.  No
 2    fee  shall  be  charged  by  the  sheriff  for service by the
 3    sheriff of a petition, rule, motion, or order  in  an  action
 4    commenced under this Section.
 5        (d)  The  court  shall provide, through the office of the
 6    clerk of the court, simplified forms and clerical  assistance
 7    to  help with the writing and filing of a petition under this
 8    Section by any person not represented by counsel.

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

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

13        Section 204.5. Trial by jury. There shall be no right  to
14    trial  by jury in any proceeding to obtain, modify, vacate or
15    extend any civil no contact order under this Act.    However,
16    nothing  in  this  Section  shall  deny any existing right to
17    trial by jury in a criminal proceeding.

18        Section 205. Subject matter  jurisdiction.  Each  of  the
19    circuit  courts  has  the  power  to  issue  civil no contact
20    orders.

21        Section 206. Jurisdiction over  persons.  The  courts  of
22    this  State have jurisdiction to bind (1) State residents and
23    (2) non-residents having minimum contacts with this State, to
24    the extent permitted by the long-arm statute,  Section  2-209
25    of the Code of Civil Procedure.

26        Section  207.  Venue.  A  petition for a civil no contact
27    order may be filed in any county  where  (1)  the  petitioner
28    resides,  (2)  the  respondent  resides,  or  (3) the alleged
29    non-consensual  sexual  conduct  or   non-consensual   sexual
30    penetration occurred.
 
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 1        Section 208. Process.
 2        (a)  Any  action  for  a  civil no contact order requires
 3    that a separate summons be issued  and  served.  The  summons
 4    shall be in the form prescribed by Supreme Court Rule 101(d),
 5    except  that  it  shall  require  the respondent to answer or
 6    appear within 7 days. Attachments to the  summons  or  notice
 7    shall  include  the  petition  for civil no contact order and
 8    supporting affidavits, if any, and  any  emergency  civil  no
 9    contact order that has been issued.
10        (b)  The  summons shall be served by the sheriff or other
11    law enforcement officer at the earliest time and  shall  take
12    precedence  over  other  summonses  except those of a similar
13    emergency nature. Special process servers may be appointed at
14    any  time,  and  their  designation  shall  not  affect   the
15    responsibilities  and  authority  of  the  sheriff  or  other
16    official process servers.
17        (c)  Service  of  process on a member of the respondent's
18    household or by publication shall be  adequate  if:  (1)  the
19    petitioner  has  made  all  reasonable  efforts to accomplish
20    actual service of process personally upon the respondent, but
21    the respondent cannot be found to effect  such  service;  and
22    (2)  the  petitioner  files  an  affidavit  or presents sworn
23    testimony as to those efforts.
24        (d)  A plenary civil no contact order may be  entered  by
25    default  for  the  remedy  sought  in  the  petition,  if the
26    respondent has been served or given notice in accordance with
27    subsection (a) and if the respondent then fails to appear  as
28    directed  or  fails to appear on any subsequent appearance or
29    hearing date agreed to by the parties or set by the court.

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

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

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

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

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

 3        Section  213.5. Accountability for actions of others. For
 4    the purposes of issuing a civil no  contact  order,  deciding
 5    what  remedies  should  be  included and enforcing the order,
 6    Article 5 of the Criminal Code of 1961 shall  govern  whether
 7    respondent  is legally accountable for the conduct of another
 8    person.

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

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

 4        Section 216. Duration and extension of orders.
 5        (a)  Unless  re-opened  or extended or voided by entry of
 6    an order of greater duration, an  emergency  order  shall  be
 7    effective for not less than 14 nor more than 21 days.
 8        (b)  Except  as  otherwise  provided  in  this Section, a
 9    plenary civil no contact order shall be effective for a fixed
10    period of time, not to exceed 2 years.  A  plenary  civil  no
11    contact   order   entered  in  conjunction  with  a  criminal
12    prosecution shall remain in effect as follows:
13                  (1)  if entered during pre-trial release, until
14             disposition,  withdrawal,  or   dismissal   of   the
15             underlying charge; if however, the case is continued
16             as  an  independent  cause  of  action,  the order's
17             duration may be for a fixed period of  time  not  to
18             exceed 2 years;
19                  (2)  if  in  effect  in conjunction with a bond
20             forfeiture warrant, until final  disposition  or  an
21             additional  period of time not exceeding 2 years; no
22             order of protection, however, shall be terminated by
23             a dismissal that is accompanied by the issuance of a
24             bond forfeiture warrant;
25                  (3)  until  expiration  of   any   supervision,
26             conditional     discharge,    probation,    periodic
27             imprisonment,  parole,   or   mandatory   supervised
28             release   and  for  an  additional  period  of  time
29             thereafter not exceeding 2 years; or
30                  (4)  until  the  date  set  by  the  court  for
31             expiration  of  any  sentence  of  imprisonment  and
32             subsequent parole or  mandatory  supervised  release
33             and  for an additional period of time thereafter not
 
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 1             exceeding 2 years.
 2        (c)  Any emergency or plenary order may be  extended  one
 3    or more times, as required, provided that the requirements of
 4    Section  214  or  215,  as appropriate, are satisfied. If the
 5    motion for extension is uncontested and the petitioner  seeks
 6    no  modification  of  the order, the order may be extended on
 7    the basis of the petitioner's  motion  or  affidavit  stating
 8    that   there   has   been  no  material  change  in  relevant
 9    circumstances since entry of the order and stating the reason
10    for the requested extension. Extensions may be  granted  only
11    in  open court and not under the provisions of subsection (c)
12    of  Section  214,  which  applies  only  when  the  court  is
13    unavailable at the close of business or on a court holiday.
14        (d)  Any civil no contact order which would expire  on  a
15    court  holiday  shall instead expire at the close of the next
16    court business day.
17        (e)  The practice of dismissing or suspending a  criminal
18    prosecution  in  exchange  for  the  issuance  of  a civil no
19    contact order undermines  the  purposes  of  this  Act.  This
20    Section shall not be construed as encouraging that practice.

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

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

31        Section 219. Violation. A knowing violation of a civil no
32    contact   order  is  a  Class  A  misdemeanor.  A  second  or
33    subsequent violation is a Class 4 felony.
 
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 1                             ARTICLE III
 2                  LAW ENFORCEMENT RESPONSIBILITIES

 3        Section 301. Arrest without warrant.
 4        (a)  Any law  enforcement  officer  may  make  an  arrest
 5    without  warrant if the officer has probable cause to believe
 6    that the person has committed or is committing a violation of
 7    a civil no contact order.
 8        (b)  The law enforcement officer may verify the existence
 9    of  a  civil  no  contact  order  by   telephone   or   radio
10    communication  with  his  or her law enforcement agency or by
11    referring to the copy of the order provided by the petitioner
12    or the respondent.

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