093_HB1400ham001
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
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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
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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
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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)".