Full Text of HB0693 96th General Assembly
HB0693ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Adopted in House Comm. on Mar 05, 2009
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| AMENDMENT TO HOUSE BILL 693
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| AMENDMENT NO. ______. Amend House Bill 693 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Stalking No Contact Order Act. | 6 |
| Section 5. Purpose. Stalking generally refers to a course | 7 |
| of conduct, not a single act. Stalking behavior includes | 8 |
| following a person, conducting surveillance of the person, | 9 |
| appearing at the person's home, work or school, making unwanted | 10 |
| phone calls, sending unwanted emails or text messages, leaving | 11 |
| objects for the person, vandalizing the person's property, or | 12 |
| injuring a pet. Stalking is a serious crime. Victims experience | 13 |
| fear for their safety, fear for the safety of others and suffer | 14 |
| emotional distress. Many victims alter their daily routines to | 15 |
| avoid the persons who are stalking them. Some victims are in | 16 |
| such fear that they relocate to another city, town or state. |
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| While estimates suggest that 70% of victims know the | 2 |
| individuals stalking them, only 30% of victims have dated or | 3 |
| been in intimate relationships with their stalkers. All | 4 |
| stalking victims should be able to seek a civil remedy | 5 |
| requiring the offenders stay away from the victims and third | 6 |
| parties. | 7 |
| Section 10. Definitions. For the purposes of this Act: | 8 |
| "Course of conduct" means 2 or more acts, including but not | 9 |
| limited to acts in which a respondent directly, indirectly, or | 10 |
| through third parties, by any action, method, device, or means | 11 |
| follows, monitors, observes, surveils, threatens, or | 12 |
| communicates to or about, a person, engages in other contact, | 13 |
| or interferes with or damages a person's property or pet. A | 14 |
| course of conduct may include contact via electronic | 15 |
| communications. The incarceration of a person in a penal | 16 |
| institution who commits the course of conduct is not a bar to | 17 |
| prosecution under this section. | 18 |
| "Emotional distress" means significant mental suffering, | 19 |
| anxiety or alarm. | 20 |
| "Contact" includes any contact with the victim, that is | 21 |
| initiated or continued without the victim's consent, or that is | 22 |
| in disregard of the victim's expressed desire that the contact | 23 |
| be avoided or discontinued, including but not limited to being | 24 |
| in the physical presence of the victim; appearing within the | 25 |
| sight of the victim; approaching or confronting the victim in a |
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| public place or on private property; appearing at the workplace | 2 |
| or residence of the victim; entering onto or remaining on | 3 |
| property owned, leased, or occupied by the victim; or placing | 4 |
| an object on, or delivering an object to, property owned, | 5 |
| leased, or occupied by the victim. | 6 |
| "Petitioner" means any named petitioner for the stalking no | 7 |
| contact order or any named victim of stalking on whose behalf | 8 |
| the petition is brought. | 9 |
| "Reasonable person" means a person in the petitioner's | 10 |
| circumstances with the petitioner's knowledge of the | 11 |
| respondent and the respondent's prior acts. | 12 |
| "Stalking" means engaging in a course of conduct directed | 13 |
| at a specific person, and he or she knows or should know that | 14 |
| this course of conduct would cause a reasonable person to fear | 15 |
| for his or her safety or the safety of a third person or suffer | 16 |
| emotional distress. Stalking does not include an exercise of | 17 |
| the right to free speech or assembly that is otherwise lawful | 18 |
| or picketing occurring at the workplace that is otherwise | 19 |
| lawful and arises out of a bona fide labor dispute, including | 20 |
| any controversy concerning wages, salaries, hours, working | 21 |
| conditions or benefits, including health and welfare, sick | 22 |
| leave, insurance, and pension or retirement provisions, the | 23 |
| making or maintaining of collective bargaining agreements, and | 24 |
| the terms to be included in those agreements. | 25 |
| "Stalking No Contact Order" means an emergency order or | 26 |
| plenary order granted under this Act, which includes a remedy |
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| authorized by Section 80 of this Act. | 2 |
| Section 15. Persons protected by this Act. A petition for a | 3 |
| stalking no contact order may be filed when relief is not | 4 |
| available to the petitioner under the Illinois Domestic | 5 |
| Violence Act of 1986: | 6 |
| (1) by any person who is a victim of stalking; or | 7 |
| (2) by a person on behalf of a minor child or an adult | 8 |
| who is a victim of stalking but, because of age, | 9 |
| disability, health, or inaccessibility, cannot file the | 10 |
| petition. | 11 |
| Section 20. Commencement of action; filing fees. | 12 |
| (a) An action for a stalking no contact order is commenced: | 13 |
| (1) independently, by filing a petition for a stalking | 14 |
| no contact order in any civil court, unless specific courts | 15 |
| are designated by local rule or order; or | 16 |
| (2) in conjunction with a delinquency petition or a | 17 |
| criminal prosecution, by filing a petition for a stalking | 18 |
| no contact order under the same case number as the | 19 |
| delinquency petition or criminal prosecution, to be | 20 |
| granted during pre-trial release of a defendant, with any | 21 |
| dispositional order issued under Section 5-710 of the | 22 |
| Juvenile Court Act of 1987 or as a condition of release, | 23 |
| supervision, conditional discharge, probation, periodic | 24 |
| imprisonment, parole, or mandatory supervised release, or |
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| in conjunction with imprisonment or a bond forfeiture | 2 |
| warrant, provided that (i) the violation is alleged in an | 3 |
| information, complaint, indictment, or delinquency | 4 |
| petition on file and the alleged victim is a person | 5 |
| protected by this Act, and (ii) the petition, which is | 6 |
| filed by the State's Attorney, names a victim of the | 7 |
| alleged crime as a petitioner. | 8 |
| (b) Withdrawal or dismissal of any petition for a stalking | 9 |
| no contact order prior to adjudication where the petitioner is | 10 |
| represented by the State shall operate as a dismissal without | 11 |
| prejudice. No action for a stalking no contact order shall be | 12 |
| dismissed because the respondent is being prosecuted for a | 13 |
| crime against the petitioner. For any action commenced under | 14 |
| item (2) of subsection (a) of this Section, dismissal of the | 15 |
| conjoined case (or a finding of not guilty) shall not require | 16 |
| dismissal of the action for a stalking no contact order; | 17 |
| instead, it may be treated as an independent action and, if | 18 |
| necessary and appropriate, transferred to a different court or | 19 |
| division. | 20 |
| (c) No fee shall be charged by the clerk of the court for | 21 |
| filing petitions or modifying or certifying orders. No fee | 22 |
| shall be charged by the sheriff for service by the sheriff of a | 23 |
| petition, rule, motion, or order in an action commenced under | 24 |
| this Section. | 25 |
| (d) The court shall provide, through the office of the | 26 |
| clerk of the court, simplified forms for filing of a petition |
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| under this Section by any person not represented by counsel. | 2 |
| Section 25. Pleading; non-disclosure of address. | 3 |
| (a) A petition for a stalking no contact order shall be in | 4 |
| writing and verified or accompanied by affidavit and shall | 5 |
| allege that the petitioner has been the victim of stalking by | 6 |
| the respondent. | 7 |
| (b) If the petition states that disclosure of the | 8 |
| petitioner's address would risk abuse of the petitioner or any | 9 |
| member of the petitioner's family or household, that address | 10 |
| may be omitted from all documents filed with the court. If the | 11 |
| petitioner has not disclosed an address under this subsection, | 12 |
| the petitioner shall designate an alternative address at which | 13 |
| the respondent may serve notice of any motions. | 14 |
| Section 30. Application of rules of civil procedure; victim | 15 |
| advocates. | 16 |
| (a) Any proceeding to obtain, modify, reopen or appeal a | 17 |
| stalking no contact order shall be governed by the rules of | 18 |
| civil procedure of this State. The standard of proof in such a | 19 |
| proceeding is proof by a preponderance of the evidence. The | 20 |
| Code of Civil Procedure and Supreme Court and local court rules | 21 |
| applicable to civil proceedings shall apply, except as | 22 |
| otherwise provided by this Act. | 23 |
| (b) In circuit courts, victim advocates shall be allowed to | 24 |
| accompany the petitioner and confer with the petitioner, unless |
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| otherwise directed by the court. Court administrators shall | 2 |
| allow victim advocates to assist victims of stalking in the | 3 |
| preparation of petitions for stalking no contact orders. Victim | 4 |
| advocates are not engaged in the unauthorized practice of law | 5 |
| when providing assistance of the types specified in this | 6 |
| subsection (b). | 7 |
| Section 35. Appointment of counsel. The court may appoint | 8 |
| counsel to represent the petitioner if the respondent is | 9 |
| represented by counsel. | 10 |
| Section 40. Trial by jury. There shall be no right to trial | 11 |
| by jury in any proceeding to obtain, modify, vacate or extend | 12 |
| any stalking no contact order under this Act. However, nothing | 13 |
| in this Section shall deny any existing right to trial by jury | 14 |
| in a criminal proceeding. | 15 |
| Section 45. Subject matter jurisdiction. Each of the | 16 |
| circuit courts has the power to issue stalking no contact | 17 |
| orders. | 18 |
| Section 50. Jurisdiction over persons. The courts of this | 19 |
| State have jurisdiction to bind (1) State residents and (2) | 20 |
| non-residents having minimum contacts with this State, to the | 21 |
| extent permitted by the long-arm statute, Section 2-209 of the | 22 |
| Code of Civil Procedure. |
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| Section 55. Venue. A petition for a stalking no contact | 2 |
| order may be filed in any county where (1) the petitioner | 3 |
| resides, (2) the respondent resides, or (3) one or more acts of | 4 |
| the alleged stalking occurred. | 5 |
| Section 60. Process. | 6 |
| (a) Any action for a stalking no contact order requires | 7 |
| that a separate summons be issued and served. The summons shall | 8 |
| be in the form prescribed by Supreme Court Rule 101(d), except | 9 |
| that it shall require the respondent to answer or appear within | 10 |
| 7 days. Attachments to the summons or notice shall include the | 11 |
| petition for stalking no contact order and supporting | 12 |
| affidavits, if any, and any emergency stalking no contact order | 13 |
| that has been issued. | 14 |
| (b) The summons shall be served by the sheriff or other law | 15 |
| enforcement officer at the earliest time and shall take | 16 |
| precedence over other summonses except those of a similar | 17 |
| emergency nature. Special process servers may be appointed at | 18 |
| any time, and their designation shall not affect the | 19 |
| responsibilities and authority of the sheriff or other official | 20 |
| process servers. | 21 |
| (c) Service of process on a member of the respondent's | 22 |
| household or by publication shall be adequate if: (1) the | 23 |
| petitioner has made all reasonable efforts to accomplish actual | 24 |
| service of process personally upon the respondent, but the |
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| respondent cannot be found to effect such service; and (2) the | 2 |
| petitioner files an affidavit or presents sworn testimony as to | 3 |
| those efforts. | 4 |
| (d) A plenary stalking no contact order may be entered by | 5 |
| default for the remedy sought in the petition, if the | 6 |
| respondent has been served or given notice in accordance with | 7 |
| subsection (a) and if the respondent then fails to appear as | 8 |
| directed or fails to appear on any subsequent appearance or | 9 |
| hearing date agreed to by the parties or set by the court. | 10 |
| Section 65. Service of notice of hearings. Except as | 11 |
| provided in Section 60, notice of hearings on petitions or | 12 |
| motions shall be served in accordance with Supreme Court Rules | 13 |
| 11 and 12, unless notice is excused by Section 100 of this Act | 14 |
| or by the Code of Civil Procedure, Supreme Court Rules, or | 15 |
| local rules. | 16 |
| Section 70. Hearings. A petition for a stalking no contact | 17 |
| order shall be treated as an expedited proceeding, and no court | 18 |
| may transfer or otherwise decline to decide all or part of such | 19 |
| petition. Nothing in this Section shall prevent the court from | 20 |
| reserving issues if jurisdiction or notice requirements are not | 21 |
| met. | 22 |
| Section 75. Continuances. | 23 |
| (a) Petitions for emergency remedies shall be granted or |
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| denied in accordance with the standards of Section 100, | 2 |
| regardless of the respondent's appearance or presence in court. | 3 |
| (b) Any action for a stalking no contact order is an | 4 |
| expedited proceeding. Continuances shall be granted only for | 5 |
| good cause shown and kept to the minimum reasonable duration, | 6 |
| taking into account the reasons for the continuance. | 7 |
| Section 80. Stalking no contact orders; remedies. | 8 |
| (a) If the court finds that the petitioner has been a | 9 |
| victim of stalking, a stalking no contact order shall issue; | 10 |
| provided that the petitioner must also satisfy the requirements | 11 |
| of Section 95 on emergency orders or Section 100 on plenary | 12 |
| orders. The petitioner shall not be denied a stalking no | 13 |
| contact order because the petitioner or the respondent is a | 14 |
| minor. The court, when determining whether or not to issue a | 15 |
| stalking no contact order, may not require physical injury on | 16 |
| the person of the petitioner. Modification and extension of | 17 |
| prior stalking no contact orders shall be in accordance with | 18 |
| this Act. | 19 |
| (b) A stalking no contact order shall order one or more of | 20 |
| the following: | 21 |
| (1) prohibit the respondent from threatening to commit | 22 |
| or committing stalking; | 23 |
| (2) order the respondent not to have any contact with | 24 |
| the petitioner or a third person specifically named by the | 25 |
| court; |
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| (3) prohibit the respondent from knowingly coming | 2 |
| within, or knowingly remaining within a specified distance | 3 |
| of the petitioner or the petitioner's residence, school, | 4 |
| daycare, or place of employment, or any specified place | 5 |
| frequented by the petitioner; however, the court may order | 6 |
| the respondent to stay away from the respondent's own | 7 |
| residence, school, or place of employment only if the | 8 |
| respondent has been provided actual notice of the | 9 |
| opportunity to appear and be heard on the petition; | 10 |
| (4) prohibit the respondent from possessing a Firearm | 11 |
| Owners Identification Card, or possessing or buying | 12 |
| firearms; and | 13 |
| (5) order other injunctive relief the court determines | 14 |
| to be necessary to protect the petitioner or third party | 15 |
| specifically named by the court. | 16 |
| (c) The court may award the petitioner costs and attorneys | 17 |
| fees if a stalking no contact order is granted. | 18 |
| (d) Monetary damages are not recoverable as a remedy.
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| Section 85. Mutual stalking no contact orders are | 20 |
| prohibited. Correlative separate orders undermine the purposes | 21 |
| of this Act. If separate orders are sought, both must comply | 22 |
| with all provisions of this Act. | 23 |
| Section 90. Accountability for actions of others. For the | 24 |
| purposes of issuing a stalking no contact order, deciding what |
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| remedies should be included and enforcing the order, Article 5 | 2 |
| of the Criminal Code of 1961 shall govern whether respondent is | 3 |
| legally accountable for the conduct of another person. | 4 |
| Section 95. Emergency stalking no contact order. | 5 |
| (a) An emergency stalking no contact order shall issue if | 6 |
| the petitioner satisfies the requirements of this subsection | 7 |
| (a). The petitioner shall establish that: | 8 |
| (1) the court has jurisdiction under Section 50; | 9 |
| (2) the requirements of Section 80 are satisfied; and | 10 |
| (3) there is good cause to grant the remedy, regardless | 11 |
| of prior service of process or of notice upon the | 12 |
| respondent, because the harm which that remedy is intended | 13 |
| to prevent would be likely to occur if the respondent were | 14 |
| given any prior notice, or greater notice than was actually | 15 |
| given, of the petitioner's efforts to obtain judicial | 16 |
| relief. | 17 |
| An emergency stalking no contact order shall be issued by | 18 |
| the court if it appears from the contents of the petition and | 19 |
| the examination of the petitioner that the averments are | 20 |
| sufficient to indicate stalking by the respondent and to | 21 |
| support the granting of relief under the issuance of the | 22 |
| stalking no contact order. | 23 |
| An emergency stalking no contact order shall be issued if | 24 |
| the court finds that items (1), (2), and (3) of this subsection | 25 |
| (a) are met. |
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| (b) If the respondent appears in court for this hearing for | 2 |
| an emergency order, he or she may elect to file a general | 3 |
| appearance and testify. Any resulting order may be an emergency | 4 |
| order, governed by this Section. Notwithstanding the | 5 |
| requirements of this Section, if all requirements of Section | 6 |
| 100 have been met, the court may issue a plenary order. | 7 |
| (c) Emergency orders; court holidays and evenings. | 8 |
| (1) When the court is unavailable at the close of | 9 |
| business, the petitioner may file a petition for a 21-day | 10 |
| emergency order before any available circuit judge or | 11 |
| associate judge who may grant relief under this Act. If the | 12 |
| judge finds that there is an immediate and present danger | 13 |
| of abuse against the petitioner and that the petitioner has | 14 |
| satisfied the prerequisites set forth in subsection (a), | 15 |
| that judge may issue an emergency stalking no contact | 16 |
| order. | 17 |
| (2) The chief judge of the circuit court may designate | 18 |
| for each county in the circuit at least one judge to be | 19 |
| reasonably available to issue orally, by telephone, by | 20 |
| facsimile, or otherwise, an emergency stalking no contact | 21 |
| order at all times, whether or not the court is in session. | 22 |
| (3) Any order issued under this Section and any | 23 |
| documentation in support of the order shall be certified on | 24 |
| the next court day to the appropriate court. The clerk of | 25 |
| that court shall immediately assign a case number, file the | 26 |
| petition, order, and other documents with the court, and |
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| enter the order of record and file it with the sheriff for | 2 |
| service, in accordance with Section 60. Filing the petition | 3 |
| shall commence proceedings for further relief under | 4 |
| Section 20. Failure to comply with the requirements of this | 5 |
| paragraph (3) does not affect the validity of the order. | 6 |
| Section 100. Plenary stalking no contact order. A plenary | 7 |
| stalking no contact order shall issue if the petitioner has | 8 |
| served notice of the hearing for that order on the respondent, | 9 |
| in accordance with Section 65, and satisfies the requirements | 10 |
| of this Section. The petitioner must establish that: | 11 |
| (1) the court has jurisdiction under Section 50; | 12 |
| (2) the requirements of Section 80 are satisfied; | 13 |
| (3) a general appearance was made or filed by or for | 14 |
| the respondent or process was served on the respondent in | 15 |
| the manner required by Section 60; and | 16 |
| (4) the respondent has answered or is in default. | 17 |
| Section 105. Duration and extension of orders. | 18 |
| (a) Unless re-opened or extended or voided by entry of an | 19 |
| order of greater duration, an emergency order shall be | 20 |
| effective for not less than 14 nor more than 21 days. | 21 |
| (b) Except as otherwise provided in this Section, a plenary | 22 |
| stalking no contact order shall be effective for a fixed period | 23 |
| of time, not to exceed 2 years. A plenary stalking no contact | 24 |
| order entered in conjunction with a criminal prosecution shall |
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| remain in effect as follows: | 2 |
| (1) if entered during pre-trial release, until | 3 |
| disposition, withdrawal, or dismissal of the underlying | 4 |
| charge; if however, the case is continued as an independent | 5 |
| cause of action, the order's duration may be for a fixed | 6 |
| period of time not to exceed 2 years; | 7 |
| (2) if in effect in conjunction with a bond forfeiture | 8 |
| warrant, until final disposition or an additional period of | 9 |
| time not exceeding 2 years; no stalking no contact order, | 10 |
| however, shall be terminated by a dismissal that is | 11 |
| accompanied by the issuance of a bond forfeiture warrant; | 12 |
| (3) permanent if a judgment of conviction for stalking | 13 |
| is entered. | 14 |
| (c) Any emergency or plenary order may be extended one or | 15 |
| more times, as required, provided that the requirements of | 16 |
| Section 95 or 100, as appropriate, are satisfied. If the motion | 17 |
| for extension is uncontested and the petitioner seeks no | 18 |
| modification of the order, the order may be extended on the | 19 |
| basis of the petitioner's motion or affidavit stating that | 20 |
| there has been no material change in relevant circumstances | 21 |
| since entry of the order and stating the reason for the | 22 |
| requested extension. Extensions may be granted only in open | 23 |
| court and not under the provisions of subsection (c) of Section | 24 |
| 95, which applies only when the court is unavailable at the | 25 |
| close of business or on a court holiday. | 26 |
| (d) Any stalking no contact order which would expire on a |
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| court holiday shall instead expire at the close of the next | 2 |
| court business day. | 3 |
| (e) The practice of dismissing or suspending a criminal | 4 |
| prosecution in exchange for the issuance of a stalking no | 5 |
| contact order undermines the purposes of this Act. This Section | 6 |
| shall not be construed as encouraging that practice. | 7 |
| Section 110. Contents of orders. | 8 |
| (a) Any stalking no contact order shall describe each | 9 |
| remedy granted by the court, in reasonable detail and not by | 10 |
| reference to any other document, so that the respondent may | 11 |
| clearly understand what he or she must do or refrain from | 12 |
| doing. | 13 |
| (b) A stalking no contact order shall further state the | 14 |
| following: | 15 |
| (1) The name of each petitioner that the court finds | 16 |
| was the victim of stalking by the respondent. | 17 |
| (2) The date and time the stalking no contact order was | 18 |
| issued, whether it is an emergency or plenary order, and | 19 |
| the duration of the order. | 20 |
| (3) The date, time, and place for any scheduled hearing | 21 |
| for extension of that stalking no contact order or for | 22 |
| another order of greater duration or scope. | 23 |
| (4) For each remedy in an emergency stalking no contact | 24 |
| order, the reason for entering that remedy without prior | 25 |
| notice to the respondent or greater notice than was |
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| actually given. | 2 |
| (5) For emergency stalking no contact orders, that the | 3 |
| respondent may petition the court, in accordance with | 4 |
| Section 120, to reopen the order if he or she did not | 5 |
| receive actual prior notice of the hearing as required | 6 |
| under Section 65 of this Act and if the respondent alleges | 7 |
| that he or she had a meritorious defense to the order or | 8 |
| that the order or its remedy is not authorized by this Act. | 9 |
| (c) A stalking no contact order shall include the following | 10 |
| notice, printed in conspicuous type: "An initial knowing | 11 |
| violation of a stalking no contact order is a Class A | 12 |
| misdemeanor. Any second or subsequent knowing violation is a | 13 |
| Class 4 felony." | 14 |
| Section 115. Notice of orders. | 15 |
| (a) Upon issuance of any stalking no contact order, the | 16 |
| clerk shall immediately, or on the next court day if an | 17 |
| emergency order is issued in accordance with subsection (c) of | 18 |
| Section 95: | 19 |
| (1) enter the order on the record and file it in | 20 |
| accordance with the circuit court procedures; and | 21 |
| (2) provide a file stamped copy of the order to the | 22 |
| respondent, if present, and to the petitioner. | 23 |
| (b) The clerk of the issuing judge shall, or the petitioner | 24 |
| may, on the same day that a stalking no contact order is | 25 |
| issued, file a certified copy of that order with the sheriff or |
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| other law enforcement officials charged with maintaining | 2 |
| Department of State Police records or charged with serving the | 3 |
| order upon the respondent. If the order was issued in | 4 |
| accordance with subsection (c) of Section 95, the clerk shall, | 5 |
| on the next court day, file a certified copy of the order with | 6 |
| the Sheriff or other law enforcement officials charged with | 7 |
| maintaining Department of State Police records. | 8 |
| (c) Unless the respondent was present in court when the | 9 |
| order was issued, the sheriff, other law enforcement official, | 10 |
| or special process server shall promptly serve that order upon | 11 |
| the respondent and file proof of such service in the manner | 12 |
| provided for service of process in civil proceedings. If | 13 |
| process has not yet been served upon the respondent, it shall | 14 |
| be served with the order or short form notification. | 15 |
| (d) If the person against whom the stalking no contact | 16 |
| order is issued is arrested and the written order is issued in | 17 |
| accordance with subsection (c) of Section 95 and received by | 18 |
| the custodial law enforcement agency before the respondent or | 19 |
| arrestee is released from custody, the custodial law | 20 |
| enforcement agent shall promptly serve the order upon the | 21 |
| respondent or arrestee before the respondent or arrestee is | 22 |
| released from custody. In no event shall detention of the | 23 |
| respondent or arrestee be extended for hearing on the petition | 24 |
| for stalking no contact order or receipt of the order issued | 25 |
| under Section 95 of this Act. | 26 |
| (e) Any order extending, modifying, or revoking any |
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| stalking no contact order shall be promptly recorded, issued, | 2 |
| and served as provided in this Section. | 3 |
| (f) Upon the request of the petitioner, within 24 hours of | 4 |
| the issuance of a stalking no contact order, the clerk of the | 5 |
| issuing judge shall send written notice of the order along with | 6 |
| a certified copy of the order to any school, daycare, college, | 7 |
| or university at which the petitioner is enrolled. | 8 |
| Section 120. Modification; reopening of orders. | 9 |
| (a) Except as otherwise provided in this Section, upon | 10 |
| motion by the petitioner, the court may modify an emergency or | 11 |
| plenary stalking no contact order by altering the remedy, | 12 |
| subject to Section 80. | 13 |
| (b) After 30 days following entry of a plenary stalking no | 14 |
| contact order, a court may modify that order only when a change | 15 |
| in the applicable law or facts since that plenary order was | 16 |
| entered warrants a modification of its terms. | 17 |
| (c) Upon 2 days' notice to the petitioner, or such shorter | 18 |
| notice as the court may prescribe, a respondent subject to an | 19 |
| emergency stalking no contact order issued under this Act may | 20 |
| appear and petition the court to rehear the original or amended | 21 |
| petition. Any petition to rehear shall be verified and shall | 22 |
| allege the following: | 23 |
| (1) that the respondent did not receive prior notice of | 24 |
| the initial hearing in which the emergency order was | 25 |
| entered under Sections 65 and 95; and |
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| (2) that the respondent had a meritorious defense to | 2 |
| the order or any of its remedies or that the order or any | 3 |
| of its remedies was not authorized by this Act. | 4 |
| Section 125. Violation. An initial knowing violation of a | 5 |
| stalking no contact order is a Class A misdemeanor. A second or | 6 |
| subsequent knowing violation is a Class 4 felony. | 7 |
| Section 130. Arrest without warrant. | 8 |
| (a) Any law enforcement officer may make an arrest without | 9 |
| warrant if the officer has probable cause to believe that the | 10 |
| person has committed or is committing a violation of a stalking | 11 |
| no contact order. | 12 |
| (b) The law enforcement officer may verify the existence of | 13 |
| a stalking no contact order by telephone or radio communication | 14 |
| with his or her law enforcement agency or by referring to the | 15 |
| copy of the order provided by the petitioner or the respondent. | 16 |
| Section 135. Data maintenance by law enforcement agencies. | 17 |
| (a) All sheriffs shall furnish to the Department of State | 18 |
| Police, on the same day as received, in the form and detail the | 19 |
| Department requires, copies of any recorded emergency or | 20 |
| plenary stalking no contact orders issued by the court and | 21 |
| transmitted to the sheriff by the clerk of the court in | 22 |
| accordance with subsection (b) of Section 115 of this Act. Each | 23 |
| stalking no contact order shall be entered in the Law |
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| Enforcement Agencies Data System on the same day it is issued | 2 |
| by the court. If an emergency stalking no contact order was | 3 |
| issued in accordance with subsection (c) of Section 100, the | 4 |
| order shall be entered in the Law Enforcement Agencies Data | 5 |
| System as soon as possible after receipt from the clerk of the | 6 |
| court. | 7 |
| (b) The Department of State Police shall maintain a | 8 |
| complete and systematic record and index of all valid and | 9 |
| recorded stalking no contact orders issued under this Act. The | 10 |
| data shall be used to inform all dispatchers and law | 11 |
| enforcement officers at the scene of an alleged incident of | 12 |
| stalking or violation of a stalking no contact order of any | 13 |
| recorded prior incident of stalking involving the petitioner | 14 |
| and the effective dates and terms of any recorded stalking no | 15 |
| contact order.".
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