Full Text of SB2495 93rd General Assembly
SB2495enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning orders of protection.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 112A-21 as follows:
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| (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
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| Sec. 112A-21. Contents of orders.
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| (a) Any order of protection shall
describe, in reasonable | 9 |
| detail and not by reference to any other
document, the | 10 |
| following:
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| (1) Each remedy granted by the court, in reasonable | 12 |
| detail and not by
reference to any other document, so that | 13 |
| respondent may clearly understand
what he or she must do or | 14 |
| refrain from doing. Pre-printed form orders
of
protection | 15 |
| shall include the definitions of the types of abuse,
as | 16 |
| provided
in Section 112A-3.
Remedies set forth in | 17 |
| pre-printed form orders shall be numbered
consistently | 18 |
| with and corresponding to the numerical sequence of | 19 |
| remedies
listed in Section 112A-14 (at least as of the date | 20 |
| the form orders are
printed).
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| (2) The reason for denial of petitioner's request for | 22 |
| any remedy listed
in Section 112A-14.
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| (b) An order of protection shall further state the | 24 |
| following:
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| (1) The name of each petitioner that the court finds | 26 |
| was abused
by
respondent, and that respondent is a member | 27 |
| of the family or household of
each such petitioner, and the | 28 |
| name of each other person protected by the
order and that | 29 |
| such person is protected by this Act.
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| (2) For any remedy requested by petitioner on which the | 31 |
| court has
declined to rule, that that remedy is reserved.
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| (3) The date and time the order of protection was |
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| issued, whether it is an
emergency, interim or plenary | 2 |
| order and the duration of the order.
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| (4) The date, time and place for any scheduled hearing | 4 |
| for extension of
that order of protection or for another | 5 |
| order of greater duration or scope.
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| (5) For each remedy in an emergency order of | 7 |
| protection, the reason for
entering that remedy without | 8 |
| prior notice to respondent or greater notice
than was | 9 |
| actually given.
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| (6) For emergency and interim orders of protection, | 11 |
| that respondent may
petition the court, in accordance with | 12 |
| Section 112A-24, to re-open
that order if he or she did not | 13 |
| receive actual prior notice of the hearing, in
accordance | 14 |
| with Section 112A-11, and alleges that he or she had a
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| meritorious defense to the order or that the order or any | 16 |
| of its remedies
was not authorized by this Article.
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| (c) Any order of protection shall include the following | 18 |
| notice, printed in
conspicuous type: "Any knowing violation of | 19 |
| an order of protection
forbidding physical abuse, harassment,
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| intimidation, interference with personal liberty, willful | 21 |
| deprivation, or
entering or remaining present at
specified | 22 |
| places when the protected person is present, or granting | 23 |
| exclusive
possession of the residence or household, or granting | 24 |
| a stay away order
is a Class A misdemeanor. Grant
of exclusive | 25 |
| possession of the residence or household shall constitute
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| notice forbidding trespass to land. Any
knowing violation of an | 27 |
| order awarding legal custody or physical care of a
child or | 28 |
| prohibiting removal or concealment
of a child may be a Class 4 | 29 |
| felony. Any willful violation of any order is
contempt of | 30 |
| court. Any violation may result in fine or imprisonment."
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| (d) An emergency order of protection shall state, "This | 32 |
| Order of Protection is enforceable, even without registration, | 33 |
| in all 50 states, the District of Columbia, tribal lands, and | 34 |
| the U.S. territories pursuant to the Violence Against Women Act | 35 |
| (18 U.S.C. 2265). Violating this Order of Protection may | 36 |
| subject the respondent to federal charges and punishment (18 |
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| U.S.C. 2261-2262)."
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| (e) An interim or plenary order of protection shall state, | 3 |
| "This Order of Protection is enforceable, even without | 4 |
| registration, in all 50 states, the District of Columbia, | 5 |
| tribal lands, and the U.S. territories pursuant to the Violence | 6 |
| Against Women Act (18 U.S.C. 2265). Violating this Order of | 7 |
| Protection may subject the respondent to federal charges and | 8 |
| punishment (18 U.S.C. 2261-2262). The respondent may be subject | 9 |
| to federal criminal penalties for possessing, transporting, | 10 |
| shipping, or receiving any firearm or ammunition under the Gun | 11 |
| Control Act (18 U.S.C. 922(g)(8) and (9))."
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| (Source: P.A. 86-1300; 87-1186.)
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| Section 10. The Illinois Domestic Violence Act of 1986 is | 14 |
| amended by changing Section 221 as follows:
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| (750 ILCS 60/221) (from Ch. 40, par. 2312-21)
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| Sec. 221. Contents of orders.
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| (a) Any order of protection shall
describe the following:
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| (1) Each remedy granted by the court, in reasonable | 19 |
| detail and not by
reference to any other document, so that | 20 |
| respondent may clearly understand
what he or she must do or | 21 |
| refrain from doing. Pre-printed form orders
of
protection | 22 |
| shall include the definitions of the types of abuse, | 23 |
| neglect,
and exploitation, as provided
in Section 103.
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| Remedies set forth in pre-printed form orders shall be | 25 |
| numbered
consistently with and corresponding to the | 26 |
| numerical sequence of remedies
listed in Section 214 (at | 27 |
| least as of the date the form orders are printed).
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| (2) The reason for denial of petitioner's request for | 29 |
| any remedy listed
in Section 214.
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| (b) An order of protection shall further state the | 31 |
| following:
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| (1) The name of each petitioner that the court finds | 33 |
| was abused,
neglected, or exploited by respondent, and that | 34 |
| respondent is a member of
the family or household of each |
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| such petitioner, and the name of each other
person | 2 |
| protected by the order and that such person is protected by | 3 |
| this Act.
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| (2) For any remedy requested by petitioner on which the | 5 |
| court has
declined to rule, that that remedy is reserved.
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| (3) The date and time the order of protection was | 7 |
| issued, whether it is an
emergency, interim or plenary | 8 |
| order and the duration of the order.
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| (4) The date, time and place for any scheduled hearing | 10 |
| for extension of
that order of protection or for another | 11 |
| order of greater duration or scope.
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| (5) For each remedy in an emergency order of | 13 |
| protection, the reason for
entering that remedy without | 14 |
| prior notice to respondent or greater notice
than was | 15 |
| actually given.
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| (6) For emergency and interim orders of protection, | 17 |
| that respondent may
petition the court, in accordance with | 18 |
| Section 224, to re-open
that order if he or she did not | 19 |
| receive actual prior notice of the hearing, in
accordance | 20 |
| with Section 211, and alleges that he or she had a
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| meritorious defense to the order or that the order or any | 22 |
| of its remedies
was not authorized by this Act.
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| (c) Any order of protection shall include the following | 24 |
| notice, printed
in conspicuous type: "Any knowing violation of | 25 |
| an order of protection
forbidding physical abuse, neglect, | 26 |
| exploitation, harassment, intimidation,
interference with | 27 |
| personal liberty, willful deprivation, or entering or
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| remaining present at specified places when the protected person | 29 |
| is present,
or granting exclusive possession of the residence | 30 |
| or household, or
granting a stay away order is a Class A
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| misdemeanor. Grant of exclusive possession of the residence or | 32 |
| household
shall constitute notice forbidding trespass to land. | 33 |
| Any knowing violation
of an order awarding legal custody or | 34 |
| physical care of a child or
prohibiting removal or concealment | 35 |
| of a child may be a Class 4 felony. Any
willful violation of | 36 |
| any order is contempt of court. Any violation may
result in |
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| fine or imprisonment."
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| (d) An emergency order of protection shall state, "This | 3 |
| Order of Protection is enforceable, even without registration, | 4 |
| in all 50 states, the District of Columbia, tribal lands, and | 5 |
| the U.S. territories pursuant to the Violence Against Women Act | 6 |
| (18 U.S.C. 2265). Violating this Order of Protection may | 7 |
| subject the respondent to federal charges and punishment (18 | 8 |
| U.S.C. 2261-2262)."
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| (e) An interim or plenary order of protection shall state, | 10 |
| "This Order of Protection is enforceable, even without | 11 |
| registration, in all 50 states, the District of Columbia, | 12 |
| tribal lands, and the U.S. territories pursuant to the Violence | 13 |
| Against Women Act (18 U.S.C. 2265). Violating this Order of | 14 |
| Protection may subject the respondent to federal charges and | 15 |
| punishment (18 U.S.C. 2261-2262). The respondent may be subject | 16 |
| to federal criminal penalties for possessing, transporting, | 17 |
| shipping, or receiving any firearm or ammunition under the Gun | 18 |
| Control Act (18 U.S.C. 922(g)(8) and (9))."
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| (Source: P.A. 86-542; 86-1300; 87-1186.)
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