Illinois General Assembly - Full Text of HB1400
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Full Text of HB1400  93rd General Assembly

HB1400ham001 93rd General Assembly



                                     LRB093 07935 LCB 12304 a

 1                    AMENDMENT TO HOUSE BILL 1400

 2        AMENDMENT NO.     .  Amend House Bill 1400, on page 3, by
 3    replacing lines 2 through 5 with the following:

 4        "(a)  An  action  for  a  civil  no  contact   order   is
 5    commenced:
 6             (1)  independently,  by  filing  a  civil no contact
 7        order in any civil  court,  unless  specific  courts  are
 8        designated by local rule or order; or
 9             (2)  in conjunction with a delinquency petition or a
10        criminal prosecution, by filing a petition for a civil no
11        contact   order   under  the  same  case  number  as  the
12        delinquency  petition  or  criminal  prosecution,  to  be
13        granted during pre-trial release of a defendant, with any
14        dispositional order issued under  Section  5-710  of  the
15        Juvenile  Court Act of 1987 or as a condition of release,
16        supervision, conditional discharge,  probation,  periodic
17        imprisonment, parole, or mandatory supervised release, or
18        in  conjunction  with  imprisonment  or a bond forfeiture
19        warrant, provided that (i) the violation is alleged in an
20        information,  complaint,   indictment,   or   delinquency
21        petition  on  file  and  the  alleged  victim is a person
22        protected by this Act, and (ii) the  petition,  which  is
23        filed  by  the  State's  Attorney,  names a victim of the
                            -2-      LRB093 07935 LCB 12304 a
 1        alleged crime as a petitioner.
 2        (b)  Withdrawal or dismissal of any petition for a  civil
 3    no  contact  order prior to adjudication where the petitioner
 4    is represented by the State  shall  operate  as  a  dismissal
 5    without  prejudice.   No  action for a civil no contact order
 6    shall be dismissed because the respondent is being prosecuted
 7    for a crime against the petitioner.  For any action commenced
 8    under item (2) of subsection (a) of this  Section,  dismissal
 9    of  the conjoined case (or a finding of not guilty) shall not
10    require dismissal of the action for a civil no contact order;
11    instead, it may be treated as an independent action  and,  if
12    necessary  and  appropriate, transferred to a different court
13    or division."; and

14    on page 3, line 6, by replacing "(b)" with "(c)"; and

15    on page 3, line 11 by replacing "(c)" with "(d)"; and

16    on page 4, line 21 by replacing "order  of  protection"  with
17    "civil no contact order"; and

18    on  page  8,  by  replacing  lines  5  through  18  with  the
19    following:

20        "(b)  A civil no contact order shall order one or more of
21    the following:
22             (1)  order  the  respondent  to  stay  away from the
23        petitioner;
24             (2)  order the respondent  to  stay  away  from  any
25        other person protected by the civil no contact order;
26             (3)  prohibit  the respondent from abuse, as defined
27        in this Act, or stalking of the petitioner, as defined in
28        Section 12-7.3 of the Criminal Code of 1961, if the abuse
29        or stalking has occurred or otherwise appears  likely  to
30        occur if not prohibited; or
31             (4)  prohibit   the   respondent  from  entering  or
                            -3-      LRB093 07935 LCB 12304 a
 1        remaining present at the petitioner's school or place  of
 2        employment,  or  both, or other specified places at times
 3        when the petitioner is present, if reasonable, given  the
 4        balance  of hardships. Hardships need not be balanced for
 5        the court to enter a stay away order or prohibit entry if
 6        the respondent has no right to enter the premises."; and

 7    on page 9, line 6, by replacing "an order of protection" with
 8    "a civil no contact order"; and

 9    on page 11,  by  replacing  lines  12  through  24  with  the
10    following:

11        "period  of  time, not to exceed 2 years. A plenary civil
12    no contact order  entered  in  conjunction  with  a  criminal
13    prosecution shall remain in effect as follows:
14                  (1)  if entered during pre-trial release, until
15             disposition,   withdrawal,   or   dismissal  of  the
16             underlying charge; if however, the case is continued
17             as an  independent  cause  of  action,  the  order's
18             duration  may  be  for a fixed period of time not to
19             exceed 2 years;
20                  (2)  if in effect in conjunction  with  a  bond
21             forfeiture  warrant,  until  final disposition or an
22             additional period of time not exceeding 2 years;  no
23             order of protection, however, shall be terminated by
24             a dismissal that is accompanied by the issuance of a
25             bond forfeiture warrant;
26                  (3)  until   expiration   of  any  supervision,
27             conditional    discharge,    probation,     periodic
28             imprisonment,   parole,   or   mandatory  supervised
29             release  and  for  an  additional  period  of   time
30             thereafter not exceeding 2 years; or
31                  (4)  until  the  date  set  by  the  court  for
32             expiration  of  any  sentence  of  imprisonment  and
33             subsequent  parole  or  mandatory supervised release
                            -4-      LRB093 07935 LCB 12304 a
 1             and for an additional period of time thereafter  not
 2             exceeding 2 years."; and

 3    on page 11, line 25 by replacing "(b)" with "(c)"; and

 4    on page 12, line 4 by replacing "(c)" with "(d)"; and

 5    on page 12, line 7 by replacing "(d)" with "(e)".