Full Text of SB0558 100th General Assembly
SB0558eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, | 6 | | 112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12, | 7 | | 112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3, | 8 | | 112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections | 9 | | 112A-6.1, 112A-17.5, and 112A-22.1 as follows: | 10 | | (725 ILCS 5/112A-1.5) | 11 | | Sec. 112A-1.5. Purpose and construction . The purpose of | 12 | | this Article is to protect the safety of victims of domestic | 13 | | violence, sexual assault, sexual abuse, and stalking and the | 14 | | safety of their family and household members; and to minimize | 15 | | the trauma and inconvenience associated with attending | 16 | | separate and multiple civil court proceedings to obtain | 17 | | protective orders. This Article shall be interpreted in | 18 | | accordance with the constitutional rights of crime victims set | 19 | | forth in Article I, Section 8.1 of the Illinois Constitution, | 20 | | the purposes set forth in Section 2 of the Rights of Crime | 21 | | Victims and Witnesses Act , and the use of protective orders to | 22 | | implement the victim's right to be reasonably protected from | 23 | | the defendant as provided in Section 4.5 of the Rights of |
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| 1 | | Victims and Witnesses Act .
| 2 | | (Source: P.A. 100-199, eff. 1-1-18 .) | 3 | | (725 ILCS 5/112A-2.5) | 4 | | Sec. 112A-2.5. Types of protective orders. The following | 5 | | protective orders may be entered in conjunction with a | 6 | | delinquency petition or a criminal prosecution: | 7 | | (1) a domestic violence an order of protection in cases | 8 | | involving domestic violence; | 9 | | (2) a civil no contact order in cases involving sexual | 10 | | offenses; or | 11 | | (3) a stalking no contact order in cases involving | 12 | | stalking offenses.
| 13 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 14 | | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| 15 | | Sec. 112A-3. Definitions. | 16 | | (a) In For the purposes of this Article : , | 17 | | "Advocate" means a person whose communications with the | 18 | | victim are privileged under Section 8-802.1 or 8-802.2 of the | 19 | | Code of Civil Procedure or Section 227 of the Illinois Domestic | 20 | | Violence Act of 1986. | 21 | | "Named victim" means the person named as the victim in the | 22 | | delinquency petition or criminal prosecution. | 23 | | "Protective order" "protective order" means a domestic | 24 | | violence order of protection, a civil no contact order, or a |
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| 1 | | stalking no contact order.
| 2 | | (b) For the purposes of domestic violence cases, the | 3 | | following terms shall have the following meanings in this | 4 | | Article: | 5 | | (1) "Abuse" means physical abuse, harassment, | 6 | | intimidation of a
dependent, interference with personal | 7 | | liberty or willful deprivation but
does not include | 8 | | reasonable direction of a minor child by a parent or
person | 9 | | in loco parentis.
| 10 | | (2) "Domestic violence" means abuse as described in | 11 | | paragraph (1) of this subsection (b) .
| 12 | | (3) "Family or household members" include spouses, | 13 | | former spouses,
parents, children, stepchildren , and other | 14 | | persons related by blood or
by present or prior marriage, | 15 | | persons who share or formerly shared a
common dwelling, | 16 | | persons who have or allegedly have a child in common, | 17 | | persons
who share or allegedly share a blood relationship | 18 | | through a child, persons who
have or have had a dating or | 19 | | engagement relationship, persons with disabilities
and | 20 | | their personal assistants, and caregivers as defined in | 21 | | subsection (e) of Section 12-4.4a of the Criminal Code of | 22 | | 2012.
For purposes of this paragraph (3) , neither a casual | 23 | | acquaintanceship nor
ordinary fraternization between 2 | 24 | | individuals in business or social
contexts shall be deemed | 25 | | to constitute a dating relationship.
| 26 | | (4) "Harassment" means knowing conduct which
is not |
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| 1 | | necessary to accomplish a purpose which is reasonable under | 2 | | the
circumstances; would cause a reasonable person | 3 | | emotional distress; and
does cause emotional distress to | 4 | | the petitioner.
Unless the presumption is rebutted by a | 5 | | preponderance of the evidence, the
following types of | 6 | | conduct shall be presumed to cause emotional distress:
| 7 | | (i) creating a disturbance at petitioner's place | 8 | | of employment or school;
| 9 | | (ii) repeatedly telephoning petitioner's place of | 10 | | employment, home or
residence;
| 11 | | (iii) repeatedly following petitioner about in a | 12 | | public place or places;
| 13 | | (iv) repeatedly keeping petitioner under | 14 | | surveillance by remaining
present outside his or her | 15 | | home, school, place of employment, vehicle or
other | 16 | | place occupied by petitioner or by peering in | 17 | | petitioner's windows;
| 18 | | (v) improperly concealing a minor child from | 19 | | petitioner, repeatedly
threatening to improperly | 20 | | remove a minor child of petitioner's from the
| 21 | | jurisdiction or from the physical care of petitioner, | 22 | | repeatedly threatening to
conceal a minor child from | 23 | | petitioner, or making a single such threat following
an | 24 | | actual or attempted improper removal or concealment, | 25 | | unless respondent was
fleeing from an incident or | 26 | | pattern of domestic violence; or
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| 1 | | (vi) threatening physical force, confinement or | 2 | | restraint on one or more
occasions.
| 3 | | (5) "Interference with personal liberty" means | 4 | | committing or threatening
physical abuse, harassment, | 5 | | intimidation or willful deprivation so as to
compel another | 6 | | to engage in conduct from which she or he has a right to
| 7 | | abstain or to refrain from conduct
in which she or he has a | 8 | | right to engage.
| 9 | | (6) "Intimidation of a dependent" means subjecting a | 10 | | person who is
dependent because of age, health , or | 11 | | disability to participation in or the
witnessing of: | 12 | | physical force against another or physical confinement or
| 13 | | restraint of another which constitutes physical abuse as | 14 | | defined in this
Article, regardless of whether the abused | 15 | | person is a family or household member.
| 16 | | (7) "Order of protection" or "domestic violence order | 17 | | of protection" means an ex parte or final order, granted | 18 | | pursuant to this Article, which includes any or all
of the | 19 | | remedies authorized by Section 112A-14 of this Code.
| 20 | | (8) "Petitioner" may mean not only any named petitioner | 21 | | for the domestic violence order of
protection and any named | 22 | | victim of abuse on whose behalf the petition
is brought, | 23 | | but also any other person protected by this Article.
| 24 | | (9) "Physical abuse" includes sexual abuse and means | 25 | | any of the following:
| 26 | | (i) knowing or reckless use of physical force, |
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| 1 | | confinement or restraint;
| 2 | | (ii) knowing, repeated and unnecessary sleep | 3 | | deprivation; or
| 4 | | (iii) knowing or reckless conduct which creates an | 5 | | immediate
risk of physical harm.
| 6 | | (9.3) "Respondent" in a petition for a domestic | 7 | | violence an order of protection means the defendant. | 8 | | (9.5) "Stay away" means for the respondent to refrain | 9 | | from both physical presence and nonphysical contact with | 10 | | the petitioner whether direct, indirect (including, but | 11 | | not limited to, telephone calls, mail, email, faxes, and | 12 | | written notes), or through third parties who may or may not | 13 | | know about the domestic violence order of protection.
| 14 | | (10) "Willful deprivation" means wilfully denying a | 15 | | person who because of
age, health or disability requires | 16 | | medication, medical care, shelter,
accessible shelter or | 17 | | services, food, therapeutic device, or other physical
| 18 | | assistance, and thereby exposing that person to the risk of | 19 | | physical, mental or
emotional harm, except with regard to | 20 | | medical care and treatment when such
dependent person has | 21 | | expressed the intent to forgo such medical care or
| 22 | | treatment. This paragraph (10) does not create any new | 23 | | affirmative duty to provide
support to dependent persons.
| 24 | | (c) For the purposes of cases involving sexual offenses, | 25 | | the following terms shall have the following meanings in this | 26 | | Article: |
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| 1 | | (1) "Civil no contact order" means an ex parte or final | 2 | | order granted under this Article, which includes a remedy | 3 | | authorized by Section 112A-14.5 of this Code. | 4 | | (2) "Family or household members" include spouses, | 5 | | parents, children, stepchildren, and persons who share a | 6 | | common dwelling. | 7 | | (3) "Non-consensual" means a lack of freely given | 8 | | agreement. | 9 | | (4) "Petitioner" means not only any named petitioner | 10 | | for the civil no contact order and any named victim of | 11 | | non-consensual sexual conduct or non-consensual sexual | 12 | | penetration on whose behalf the petition is brought, but | 13 | | includes any other person sought to be protected under this | 14 | | Article. | 15 | | (5) "Respondent" in a petition for a civil no contact | 16 | | order means the defendant. | 17 | | (6) "Sexual conduct" means any intentional or knowing | 18 | | touching or fondling by the petitioner or the respondent, | 19 | | either directly or through clothing, of the sex organs, | 20 | | anus, or breast of the petitioner or the respondent, or any | 21 | | part of the body of a child under 13 years of age, or any | 22 | | transfer or transmission of semen by the respondent upon | 23 | | any part of the clothed or unclothed body of the | 24 | | petitioner, for the purpose of sexual gratification or | 25 | | arousal of the petitioner or the respondent. | 26 | | (7) "Sexual penetration" means any contact, however |
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| 1 | | slight, between the sex organ or anus of one person by an | 2 | | object, the sex organ, mouth or anus of another person, or | 3 | | any intrusion, however slight, of any part of the body of | 4 | | one person or of any animal or object into the sex organ or | 5 | | anus of another person, including , but not limited to , | 6 | | cunnilingus, fellatio , or anal penetration. Evidence of | 7 | | emission of semen is not required to prove sexual | 8 | | penetration. | 9 | | (8) "Stay away" means to refrain from both physical | 10 | | presence and nonphysical contact with the petitioner | 11 | | directly, indirectly, or through third parties who may or | 12 | | may not know of the order. "Nonphysical contact" includes, | 13 | | but is not limited to, telephone calls, mail, e-mail, fax, | 14 | | and written notes. | 15 | | (d) For the purposes of cases involving stalking offenses, | 16 | | the following terms shall have the following meanings in this | 17 | | Article: | 18 | | (1) "Course of conduct" means 2 or more acts, | 19 | | including, but not limited to, acts in which a respondent | 20 | | directly, indirectly, or through third parties, by any | 21 | | action, method, device, or means follows, monitors, | 22 | | observes, surveils, threatens, or communicates to or | 23 | | about, a person, engages in other contact, or interferes | 24 | | with or damages a person's property or pet. A course of | 25 | | conduct may include contact via electronic communications. | 26 | | The incarceration of a person in a penal institution who |
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| 1 | | commits the course of conduct is not a bar to prosecution. | 2 | | (2) "Emotional distress" means significant mental | 3 | | suffering, anxiety , or alarm. | 4 | | (3) "Contact" includes any contact with the victim, | 5 | | that is initiated or continued without the victim's | 6 | | consent, or that is in disregard of the victim's expressed | 7 | | desire that the contact be avoided or discontinued, | 8 | | including, but not limited to, being in the physical | 9 | | presence of the victim; appearing within the sight of the | 10 | | victim; approaching or confronting the victim in a public | 11 | | place or on private property; appearing at the workplace or | 12 | | residence of the victim; entering onto or remaining on | 13 | | property owned, leased, or occupied by the victim; or | 14 | | placing an object on, or delivering an object to, property | 15 | | owned, leased, or occupied by the victim. | 16 | | (4) "Petitioner" means any named petitioner for the | 17 | | stalking no contact order or any named victim of stalking | 18 | | on whose behalf the petition is brought. | 19 | | (5) "Reasonable person" means a person in the | 20 | | petitioner's circumstances with the petitioner's knowledge | 21 | | of the respondent and the respondent's prior acts. | 22 | | (6) "Respondent" in a petition for a civil no contact | 23 | | order means the defendant. | 24 | | (7) "Stalking" means engaging in a course of conduct | 25 | | directed at a specific person, and he or she knows or | 26 | | should know that this course of conduct would cause a |
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| 1 | | reasonable person to fear for his or her safety or the | 2 | | safety of a third person or suffer emotional distress. | 3 | | "Stalking" does not include an exercise of the right to | 4 | | free speech or assembly that is otherwise lawful or | 5 | | picketing occurring at the workplace that is otherwise | 6 | | lawful and arises out of a bona fide labor dispute, | 7 | | including any controversy concerning wages, salaries, | 8 | | hours, working conditions or benefits, including health | 9 | | and welfare, sick leave, insurance, and pension or | 10 | | retirement provisions, the making or maintaining of | 11 | | collective bargaining agreements, and the terms to be | 12 | | included in those agreements. | 13 | | (8) "Stalking no contact order" means an ex parte or | 14 | | final order granted under this Article, which includes a | 15 | | remedy authorized by Section 112A-14.7 of this Code. | 16 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 17 | | (725 ILCS 5/112A-4.5) | 18 | | Sec. 112A-4.5. Who may file petition. | 19 | | (a) A petition for a domestic violence an order of | 20 | | protection may be filed: | 21 | | (1) by a named victim person
who
has been abused by a | 22 | | family or household member; or | 23 | | (2) by any person on behalf
of a named victim who is a | 24 | | minor child or an adult who has been
abused by a family or | 25 | | household
member and who, because of age, health, |
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| 1 | | disability, or inaccessibility,
cannot file the petition. | 2 | | (b) A petition for a civil no contact order may be filed: | 3 | | (1) by any person who is a named victim of | 4 | | non-consensual
sexual conduct or non-consensual sexual | 5 | | penetration, including a single incident of non-consensual | 6 | | sexual conduct or non-consensual sexual penetration; or | 7 | | (2) by a person on behalf of a named victim who is a | 8 | | minor child or an
adult who is a victim of non-consensual | 9 | | sexual conduct or non-consensual sexual penetration but, | 10 | | because of age, disability, health, or inaccessibility, | 11 | | cannot file the petition. | 12 | | (c) A petition for a stalking no contact order may be | 13 | | filed: | 14 | | (1) by any person who is a named victim of stalking; or | 15 | | (2) by a person on behalf of a named victim who is a | 16 | | minor child or an
adult who is a victim of stalking but, | 17 | | because of age, disability, health, or inaccessibility, | 18 | | cannot file the petition. | 19 | | (d) The State's Attorney shall file a petition on behalf of | 20 | | on any person who may file a petition under subsections (a), | 21 | | (b) , or (c) of this Section if the person requests the State's | 22 | | Attorney to file a petition on the person's behalf , unless the | 23 | | State's Attorney informs the court that the State's Attorney | 24 | | has reason to believe that additional investigation would | 25 | | produce evidence that would result in dismissal of the charge. | 26 | | If, after investigation, the State's Attorney decides to |
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| 1 | | proceed with the charge, the State's Attorney shall file a | 2 | | petition . | 3 | | (d-5) (1) A person eligible to file a petition under | 4 | | subsection (a), (b), or (c) of this Section may retain an | 5 | | attorney to represent the petitioner on the petitioner's | 6 | | request for a protective order. The attorney's representation | 7 | | is limited to matters related to the petition and relief | 8 | | authorized under this Article. | 9 | | (2) Advocates shall be allowed to accompany the | 10 | | petitioner and confer with the victim, unless otherwise | 11 | | directed by the court. Advocates are not engaged in the | 12 | | unauthorized practice of law when providing assistance to | 13 | | the petitioner. | 14 | | (e) Any petition properly
filed under this Article may seek
| 15 | | protection for any additional persons protected by this | 16 | | Article.
| 17 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 18 | | (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
| 19 | | Sec. 112A-5. Pleading; non-disclosure of address.
| 20 | | (a) A petition for a protective order shall be filed in | 21 | | conjunction with a delinquency petition or criminal | 22 | | prosecution, or in conjunction with imprisonment or a bond | 23 | | forfeiture warrant, provided the petition names a victim of the | 24 | | alleged crime. The petition may include a request for an ex | 25 | | parte protective order, a final protective order, or both. The |
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| 1 | | petition shall be in writing and verified or accompanied by
| 2 | | affidavit
and shall allege that : | 3 | | (1) petitioner has been abused by respondent, who is a | 4 | | family or household member; | 5 | | (2) respondent has engaged in non-consensual sexual | 6 | | conduct or non-consensual sexual penetration, including a | 7 | | single incident of non-consensual sexual conduct or | 8 | | non-consensual sexual penetration with petitioner; or | 9 | | (3) petitioner has been stalked by respondent. | 10 | | The petition shall further set forth whether there is any | 11 | | other action between the petitioner and respondent. During the | 12 | | pendency of this proceeding, the petitioner and respondent have | 13 | | a continuing duty to inform the court of any subsequent | 14 | | proceeding for a protective order in this State or any other | 15 | | state. | 16 | | (a-5) The petition shall indicate whether an ex parte | 17 | | protective order, a protective order, or both are requested. If | 18 | | the respondent receives notice of a petition for a final | 19 | | protective order and the respondent requests a continuance to | 20 | | respond to the petition, the petitioner may, either orally or | 21 | | in writing, request an ex parte order. petitioner has been | 22 | | abused by respondent, who is a
family or household member.
The | 23 | | petition shall further set forth whether there is any other
| 24 | | action between the petitioner and respondent.
| 25 | | (b) The petitioner shall not be required to disclose the | 26 | | petitioner's address. If the petition states that disclosure of |
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| 1 | | petitioner's
address would risk abuse to or endanger the safety | 2 | | of petitioner or any member of petitioner's
family or household
| 3 | | or reveal the confidential address of a shelter for domestic | 4 | | violence victims,
that address may be omitted from all | 5 | | documents filed with the court.
| 6 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 7 | | (725 ILCS 5/112A-5.5) | 8 | | Sec. 112A-5.5. Time for filing petition ; service on | 9 | | respondent, hearing on petition, and default orders . | 10 | | (a) A petition for a protective order may be filed at any | 11 | | time after a criminal charge or delinquency petition is filed | 12 | | and before the charge or delinquency petition is dismissed, the | 13 | | defendant or juvenile is acquitted, or the defendant or | 14 | | juvenile completes service of his or her sentence. The petition | 15 | | can be considered at any court proceeding in the delinquency or | 16 | | criminal case at which the defendant is present. The court may | 17 | | schedule a separate court proceeding to consider the petition.
| 18 | | (b) The request for an ex parte protective order may be | 19 | | considered without notice to the respondent under Section | 20 | | 112A-17.5 of this Code. | 21 | | (c) A summons shall be issued and served for a protective | 22 | | order. The summons may be served by delivery to the respondent | 23 | | personally in open court in the criminal or juvenile | 24 | | delinquency proceeding, in the form prescribed by subsection | 25 | | (d) of Supreme Court Rule 101, except that it shall require |
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| 1 | | respondent to answer or appear within 7 days. Attachments to | 2 | | the summons shall include the petition for protective order, | 3 | | supporting affidavits, if any, and any ex parte protective | 4 | | order that has been issued. | 5 | | (d) The summons shall be served by the sheriff or other law | 6 | | enforcement officer at the earliest time available and shall | 7 | | take precedence over any other summons, except those of a | 8 | | similar emergency nature. Attachments to the summons shall | 9 | | include the petition for protective order, supporting | 10 | | affidavits, if any, and any ex parte protective order that has | 11 | | been issued. Special process servers may be appointed at any | 12 | | time and their designation shall not affect the | 13 | | responsibilities and authority of the sheriff or other official | 14 | | process servers. In a county with a population over 3,000,000, | 15 | | a special process server may not be appointed if the protective | 16 | | order grants the surrender of a child, the surrender of a | 17 | | firearm or Firearm Owner's Identification Card, or the | 18 | | exclusive possession of a shared residence. | 19 | | (e) If the respondent is not served within 30 days of the | 20 | | filing of the petition, the court shall schedule a court | 21 | | proceeding on the issue of service. Either the petitioner, the | 22 | | petitioner's counsel, or the State's Attorney shall appear and | 23 | | the court shall either order continued attempts at personal | 24 | | service or shall order service by publication, in accordance | 25 | | with Sections 2-203, 2-206, and 2-207 of the Code of Civil | 26 | | Procedure. |
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| 1 | | (f) The request for a final protective order can be | 2 | | considered at any court proceeding in the delinquency or | 3 | | criminal case after service of the petition. If the petitioner | 4 | | has not been provided notice of the court proceeding at least | 5 | | 10 days in advance of the proceeding, the court shall schedule | 6 | | a hearing on the petition and provide notice to the petitioner. | 7 | | (g) Default orders. | 8 | | (1) A final domestic violence order of protection may | 9 | | be entered by default: | 10 | | (A) for any of the remedies sought in the petition, | 11 | | if respondent has been served with documents under | 12 | | subsection (b) or (c) of this Section and if respondent | 13 | | fails to appear on the specified return date or any | 14 | | subsequent hearing date agreed to by the petitioner and | 15 | | respondent or set by the court; or | 16 | | (B) for any of the remedies provided under | 17 | | paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10), | 18 | | (11), (14), (15), (17), or (18) of subsection (b) of | 19 | | Section 112A-14 of this Code, or if the respondent | 20 | | fails to answer or appear in accordance with the date | 21 | | set in the publication notice or the return date | 22 | | indicated on the service of a household member. | 23 | | (2) A final civil no contact order may be entered by | 24 | | default for any of the remedies provided in Section | 25 | | 112A-14.5 of this Code, if respondent has been served with | 26 | | documents under subsection (b) or (c) of this Section, and |
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| 1 | | if the respondent fails to answer or appear in accordance | 2 | | with the date set in the publication notice or the return | 3 | | date indicated on the service of a household member. | 4 | | (3) A final stalking no contact order may be entered by | 5 | | default for any of the remedies provided by Section | 6 | | 112A-14.7 of this Code, if respondent has been served with | 7 | | documents under subsection (b) or (c) of this Section and | 8 | | if the respondent fails to answer or appear in accordance | 9 | | with the date set in the publication notice or the return | 10 | | date indicated on the service of a household member. | 11 | | (Source: P.A. 100-199, eff. 1-1-18 .) | 12 | | (725 ILCS 5/112A-6.1 new) | 13 | | Sec. 112A-6.1. Application of rules of civil procedure; | 14 | | criminal law. | 15 | | (a) Any proceeding to obtain, modify, re-open, or appeal a | 16 | | protective order and service of pleadings and notices shall be | 17 | | governed by the rules of civil procedure of this State. The | 18 | | Code of Civil Procedure and Supreme Court and local court rules | 19 | | applicable to civil proceedings shall apply, except as | 20 | | otherwise provided by law. Civil law on venue, discovery, and | 21 | | penalties for untrue statements shall not apply to protective | 22 | | order proceedings heard under this Article. | 23 | | (b) Criminal law on discovery, venue, and penalties for | 24 | | untrue statements apply to protective order proceedings under | 25 | | this Article. |
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| 1 | | (c) Court proceedings related to the entry of a protective | 2 | | order and the determination of remedies shall not be used to | 3 | | obtain discovery that would not otherwise be available in a | 4 | | criminal prosecution or juvenile delinquency case.
| 5 | | (725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
| 6 | | Sec. 112A-8. Subject matter jurisdiction. Each of the | 7 | | circuit courts
shall have the power to issue protective orders | 8 | | of protection .
| 9 | | (Source: P.A. 84-1305.)
| 10 | | (725 ILCS 5/112A-11.5) | 11 | | Sec. 112A-11.5. Issuance of protective order. | 12 | | (a) Except as provided in subsection (a-5) of this Section, | 13 | | the The court shall grant the petition and enter a protective | 14 | | order if the court finds prima facie evidence that a crime | 15 | | involving domestic violence, a sexual offense , or a crime | 16 | | involving stalking has been committed. The following shall be | 17 | | considered prima facie evidence of the crime: | 18 | | (1) an information, complaint, indictment , or | 19 | | delinquency petition, charging a crime of domestic | 20 | | violence, a sexual offense , or stalking or charging an | 21 | | attempt to commit a crime of domestic violence, a sexual | 22 | | offense , or stalking; or | 23 | | (2) an adjudication of delinquency, a finding of guilt | 24 | | based upon a plea, or a finding of guilt after a trial for |
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| 1 | | a crime of domestic battery, a sexual crime , or stalking or | 2 | | an attempt to commit a crime of domestic violence, a sexual | 3 | | offense , or stalking; | 4 | | (3) any dispositional order issued under Section 5-710 | 5 | | of the Juvenile Court Act of 1987, the imposition of | 6 | | supervision, conditional discharge, probation, periodic | 7 | | imprisonment, parole, aftercare release , or mandatory | 8 | | supervised release for a crime of domestic violence, a | 9 | | sexual offense , or stalking or an attempt to commit a crime | 10 | | of domestic violence, a sexual offense, or stalking, or | 11 | | imprisonment in conjunction with a bond forfeiture | 12 | | warrant; or | 13 | | (4) the entry of a protective order in a separate civil | 14 | | case brought by the petitioner against the respondent. | 15 | | (a-5) The respondent may rebut prima facie evidence of the | 16 | | crime under paragraph (1) of subsection (a) of this Section by | 17 | | presenting evidence of a meritorious defense. The respondent | 18 | | shall file a written notice alleging a meritorious defense | 19 | | which shall be verified and supported by affidavit. The | 20 | | verified notice and affidavit shall set forth the evidence that | 21 | | will be presented at a hearing. If the court finds that the | 22 | | evidence presented at the hearing establishes a meritorious | 23 | | defense by a preponderance of the evidence, the court may | 24 | | decide not to issue a protective order. | 25 | | (b) The petitioner shall not be denied a protective order | 26 | | because the petitioner or the respondent is a minor. |
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| 1 | | (c) The court, when determining whether or not to issue a | 2 | | protective order, may not require physical injury on the person | 3 | | of the victim.
| 4 | | (d) If the court issues a final protective order under this | 5 | | Section, the court shall afford the petitioner and respondent | 6 | | an opportunity to be heard on the remedies requested in the | 7 | | petition. | 8 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 9 | | (725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
| 10 | | Sec. 112A-12. Transfer of issues not decided in cases | 11 | | involving domestic violence.
| 12 | | (a) (Blank).
| 13 | | (a-5) A petition for a domestic violence order of | 14 | | protection shall be treated as an expedited proceeding, and no | 15 | | court shall transfer or otherwise decline to decide all or part | 16 | | of the petition, except as otherwise provided in this Section. | 17 | | Nothing in this Section shall prevent the court from reserving | 18 | | issues when jurisdiction or notice requirements are not met. | 19 | | (b) A criminal court may decline to decide contested
issues | 20 | | of physical care and possession of a minor child, temporary | 21 | | allocation of parental responsibilities or significant | 22 | | decision-making responsibility, parenting time , custody, | 23 | | visitation,
or family support, unless a decision on one or more | 24 | | of those
contested issues is necessary to
avoid the risk of | 25 | | abuse, neglect, removal from the State, state or concealment
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| 1 | | within the State state of the child or of separation of the | 2 | | child from the primary
caretaker.
| 3 | | (c) The court shall transfer to the appropriate court or | 4 | | division any issue
it has
declined to decide. Any court may | 5 | | transfer any matter which must be
tried by jury to a more | 6 | | appropriate calendar or division.
| 7 | | (d) If the court transfers or otherwise declines to decide | 8 | | any issue,
judgment on that issue shall be expressly reserved | 9 | | and ruling on other
issues shall not be delayed or declined.
| 10 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 11 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 12 | | Sec. 112A-14. Domestic violence order Order of protection; | 13 | | remedies.
| 14 | | (a) (Blank).
| 15 | | (b) The court may order any of the remedies listed in this | 16 | | subsection (b) .
The remedies listed in this subsection (b) | 17 | | shall be in addition to other civil
or criminal remedies | 18 | | available to petitioner.
| 19 | | (1) Prohibition of abuse. Prohibit respondent's | 20 | | harassment,
interference with personal liberty, | 21 | | intimidation of a dependent, physical
abuse , or willful | 22 | | deprivation, as defined in this Article, if such abuse has
| 23 | | occurred or otherwise appears likely to occur if not | 24 | | prohibited.
| 25 | | (2) Grant of exclusive possession of residence. |
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| 1 | | Prohibit respondent
from entering or remaining in any | 2 | | residence, household, or premises of the petitioner,
| 3 | | including one owned or leased by respondent, if petitioner | 4 | | has a right
to occupancy thereof. The grant of exclusive | 5 | | possession of the residence, household, or premises
shall | 6 | | not affect title to real property, nor shall the court be | 7 | | limited by
the standard set forth in Section 701 of the | 8 | | Illinois Marriage and
Dissolution of Marriage Act.
| 9 | | (A) Right to occupancy. A party has a right to | 10 | | occupancy of a
residence or household if it is
solely | 11 | | or jointly owned or leased by that party, that party's | 12 | | spouse, a
person with a legal duty to support that | 13 | | party or a minor child in that
party's care, or by any | 14 | | person or entity other than the opposing party that
| 15 | | authorizes that party's occupancy (e.g., a domestic | 16 | | violence shelter).
Standards set forth in subparagraph | 17 | | (B) shall not preclude equitable relief.
| 18 | | (B) Presumption of hardships. If petitioner and | 19 | | respondent
each has the right to occupancy of a | 20 | | residence or household, the court
shall balance (i) the | 21 | | hardships to respondent and any minor child or
| 22 | | dependent adult in respondent's care resulting from | 23 | | entry of this remedy with (ii)
the hardships to | 24 | | petitioner and any minor child or dependent adult in
| 25 | | petitioner's care resulting from continued exposure to | 26 | | the risk of abuse (should
petitioner remain at the |
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| 1 | | residence or household) or from loss of possession
of | 2 | | the residence or household (should petitioner leave to | 3 | | avoid the risk
of abuse). When determining the balance | 4 | | of hardships, the court shall also
take into account | 5 | | the accessibility of the residence or household.
| 6 | | Hardships need not be balanced if respondent does not | 7 | | have a right to occupancy.
| 8 | | The balance of hardships is presumed to favor | 9 | | possession by
petitioner unless the presumption is | 10 | | rebutted by a preponderance of the
evidence, showing | 11 | | that the hardships to respondent substantially | 12 | | outweigh
the hardships to petitioner and any minor | 13 | | child or dependent adult in petitioner's
care. The | 14 | | court, on the request of petitioner or on its own | 15 | | motion,
may order respondent to provide suitable, | 16 | | accessible, alternate housing
for petitioner instead | 17 | | of
excluding respondent from a mutual residence or | 18 | | household.
| 19 | | (3) Stay away order and additional prohibitions.
Order | 20 | | respondent to stay away from petitioner or any other person
| 21 | | protected by the domestic violence order of protection, or | 22 | | prohibit respondent from entering
or remaining present at | 23 | | petitioner's school, place of employment, or other
| 24 | | specified places at times when petitioner is present, or | 25 | | both, if
reasonable, given
the balance of hardships. | 26 | | Hardships need not be balanced for the court
to enter a |
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| 1 | | stay away order or prohibit entry
if respondent has no | 2 | | right to enter the premises.
| 3 | | (A) If a domestic violence an order of protection | 4 | | grants petitioner exclusive possession
of the | 5 | | residence, or prohibits respondent from entering the | 6 | | residence,
or orders respondent to stay away from | 7 | | petitioner or other
protected persons, then the court | 8 | | may allow respondent access to the
residence to remove | 9 | | items of clothing and personal adornment
used | 10 | | exclusively by respondent, medications, and other | 11 | | items as the court directs.
The right to access shall | 12 | | be exercised on only one occasion as the court directs
| 13 | | and in the presence of an agreed-upon adult third party | 14 | | or law enforcement officer.
| 15 | | (B) When the petitioner and the respondent attend | 16 | | the same public, private, or non-public elementary, | 17 | | middle, or high school, the court when issuing a | 18 | | domestic violence an order of protection and providing | 19 | | relief shall consider the severity of the act, any | 20 | | continuing physical danger or emotional distress to | 21 | | the petitioner, the educational rights guaranteed to | 22 | | the petitioner and respondent under federal and State | 23 | | law, the availability of a transfer of the respondent | 24 | | to another school, a change of placement or a change of | 25 | | program of the respondent, the expense, difficulty, | 26 | | and educational disruption that would be caused by a |
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| 1 | | transfer of the respondent to another school, and any | 2 | | other relevant facts of the case. The court may order | 3 | | that the respondent not attend the public, private, or | 4 | | non-public elementary, middle, or high school attended | 5 | | by the petitioner, order that the respondent accept a | 6 | | change of placement or change of program, as determined | 7 | | by the school district or private or non-public school, | 8 | | or place restrictions on the respondent's movements | 9 | | within the school attended by the petitioner. The | 10 | | respondent bears the burden of proving by a | 11 | | preponderance of the evidence that a transfer, change | 12 | | of placement, or change of program of the respondent is | 13 | | not available. The respondent also bears the burden of | 14 | | production with respect to the expense, difficulty, | 15 | | and educational disruption that would be caused by a | 16 | | transfer of the respondent to another school. A | 17 | | transfer, change of placement, or change of program is | 18 | | not unavailable to the respondent solely on the ground | 19 | | that the respondent does not agree with the school | 20 | | district's or private or non-public school's transfer, | 21 | | change of placement, or change of program or solely on | 22 | | the ground that the respondent fails or refuses to | 23 | | consent or otherwise does not take an action required | 24 | | to effectuate a transfer, change of placement, or | 25 | | change of program. When a court orders a respondent to | 26 | | stay away from the public, private, or non-public |
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| 1 | | school attended by the petitioner and the respondent | 2 | | requests a transfer to another attendance center | 3 | | within the respondent's school district or private or | 4 | | non-public school, the school district or private or | 5 | | non-public school shall have sole discretion to | 6 | | determine the attendance center to which the | 7 | | respondent is transferred. If the court order results | 8 | | in a transfer of the minor respondent to another | 9 | | attendance center, a change in the respondent's | 10 | | placement, or a change of the respondent's program, the | 11 | | parents, guardian, or legal custodian of the | 12 | | respondent is responsible for transportation and other | 13 | | costs associated with the transfer or change. | 14 | | (C) The court may order the parents, guardian, or | 15 | | legal custodian of a minor respondent to take certain | 16 | | actions or to refrain from taking certain actions to | 17 | | ensure that the respondent complies with the order. If | 18 | | the court orders a transfer of the respondent to | 19 | | another school, the parents, guardian, or legal | 20 | | custodian of the respondent is responsible for | 21 | | transportation and other costs associated with the | 22 | | change of school by the respondent. | 23 | | (4) Counseling. Require or recommend the respondent to | 24 | | undergo
counseling for a specified duration with a social | 25 | | worker, psychologist,
clinical psychologist, psychiatrist, | 26 | | family service agency, alcohol or
substance abuse program, |
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| 1 | | mental health center guidance counselor, agency
providing | 2 | | services to elders, program designed for domestic violence
| 3 | | abusers or any other guidance service the court deems | 4 | | appropriate. The court may order the respondent in any | 5 | | intimate partner relationship to report to an Illinois | 6 | | Department of Human Services protocol approved partner | 7 | | abuse intervention program for an assessment and to follow | 8 | | all recommended treatment.
| 9 | | (5) Physical care and possession of the minor child. In | 10 | | order to protect
the minor child from abuse, neglect, or | 11 | | unwarranted separation from the person
who has been the | 12 | | minor child's primary caretaker, or to otherwise protect | 13 | | the
well-being of the minor child, the court may do either | 14 | | or both of the following:
(i) grant petitioner physical | 15 | | care or possession of the minor child, or both, or
(ii) | 16 | | order respondent to return a minor child to, or not remove | 17 | | a minor child
from, the physical care of a parent or person | 18 | | in loco parentis.
| 19 | | If the respondent is charged with abuse
(as defined in | 20 | | Section 112A-3 of this Code ) of a minor child, there shall | 21 | | be a
rebuttable presumption that awarding physical care to | 22 | | respondent would not
be in the minor child's best interest.
| 23 | | (6) Temporary allocation of parental responsibilities | 24 | | and significant decision-making responsibilities legal | 25 | | custody .
Award temporary significant decision-making | 26 | | responsibility legal custody to petitioner in accordance |
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| 1 | | with this Section,
the Illinois Marriage
and Dissolution of | 2 | | Marriage Act, the Illinois Parentage Act of 2015,
and this | 3 | | State's Uniform Child-Custody
Jurisdiction and Enforcement | 4 | | Act.
| 5 | | If the respondent
is charged with abuse (as defined in | 6 | | Section 112A-3 of this Code ) of a
minor child, there shall | 7 | | be a rebuttable presumption that awarding
temporary | 8 | | significant decision-making responsibility legal custody | 9 | | to respondent would not be in the
child's best interest.
| 10 | | (7) Parenting time Visitation . Determine the parenting | 11 | | time
visitation rights , if any, of respondent in any case | 12 | | in which the court
awards physical care or temporary | 13 | | significant decision-making responsibility legal custody | 14 | | of a minor child to
petitioner. The court shall restrict or | 15 | | deny respondent's parenting time visitation with
a minor | 16 | | child if
the court finds that respondent has done or is | 17 | | likely to do any of the
following: | 18 | | (i) abuse or endanger the minor child during | 19 | | parenting time visitation ; | 20 | | (ii) use the parenting time
visitation as an | 21 | | opportunity to abuse or harass petitioner or
| 22 | | petitioner's family or household members; | 23 | | (iii) improperly conceal or
detain the minor | 24 | | child; or | 25 | | (iv) otherwise act in a manner that is not in
the | 26 | | best interests of the minor child. |
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| 1 | | The court shall not be limited by the
standards set | 2 | | forth in Section 603.10 607.1 of the Illinois Marriage and
| 3 | | Dissolution of Marriage Act. If the court grants parenting | 4 | | time visitation , the order
shall specify dates and times | 5 | | for the parenting time visitation to take place or other
| 6 | | specific parameters or conditions that are appropriate. No | 7 | | order for parenting time
visitation shall refer merely to | 8 | | the term "reasonable parenting time" "reasonable | 9 | | visitation" . Petitioner may deny respondent access to the | 10 | | minor child if, when
respondent arrives for parenting time | 11 | | visitation , respondent is under the influence of drugs
or | 12 | | alcohol and constitutes a threat to the safety and | 13 | | well-being of
petitioner or petitioner's minor children or | 14 | | is behaving in a violent or abusive manner. If necessary to | 15 | | protect any member of petitioner's family or
household from | 16 | | future abuse, respondent shall be prohibited from coming to
| 17 | | petitioner's residence to meet the minor child for | 18 | | parenting time visitation , and the petitioner and | 19 | | respondent
parties shall submit to the court their | 20 | | recommendations for reasonable
alternative arrangements | 21 | | for parenting time visitation . A person may be approved to
| 22 | | supervise parenting time visitation only after filing an | 23 | | affidavit accepting
that responsibility and acknowledging | 24 | | accountability to the court.
| 25 | | (8) Removal or concealment of minor child.
Prohibit | 26 | | respondent from
removing a minor child from the State or |
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| 1 | | concealing the child within the
State.
| 2 | | (9) Order to appear. Order the respondent to
appear in | 3 | | court, alone
or with a minor child, to prevent abuse, | 4 | | neglect, removal or concealment of
the child, to return the | 5 | | child to the custody or care of the petitioner , or
to | 6 | | permit any court-ordered interview or examination of the | 7 | | child or the
respondent.
| 8 | | (10) Possession of personal property. Grant petitioner | 9 | | exclusive
possession of personal property and, if | 10 | | respondent has possession or
control, direct respondent to | 11 | | promptly make it available to petitioner, if:
| 12 | | (i) petitioner, but not respondent, owns the | 13 | | property; or
| 14 | | (ii) the petitioner and respondent parties own the | 15 | | property jointly; sharing it would risk
abuse of | 16 | | petitioner by respondent or is impracticable; and the | 17 | | balance of
hardships favors temporary possession by | 18 | | petitioner.
| 19 | | If petitioner's sole claim to ownership of the property | 20 | | is that it is
marital property, the court may award | 21 | | petitioner temporary possession
thereof under the | 22 | | standards of subparagraph (ii) of this paragraph only if
a | 23 | | proper proceeding has been filed under the Illinois | 24 | | Marriage and
Dissolution of Marriage Act, as now or | 25 | | hereafter amended.
| 26 | | No order under this provision shall affect title to |
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| 1 | | property.
| 2 | | (11) Protection of property. Forbid the respondent | 3 | | from taking,
transferring, encumbering, concealing, | 4 | | damaging , or otherwise disposing of
any real or personal | 5 | | property, except as explicitly authorized by the
court, if:
| 6 | | (i) petitioner, but not respondent, owns the | 7 | | property; or
| 8 | | (ii) the petitioner and respondent parties own the | 9 | | property jointly,
and the balance of hardships favors | 10 | | granting this remedy.
| 11 | | If petitioner's sole claim to ownership of the property | 12 | | is that it is
marital property, the court may grant | 13 | | petitioner relief under subparagraph
(ii) of this | 14 | | paragraph only if a proper proceeding has been filed under | 15 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 16 | | now or hereafter amended.
| 17 | | The court may further prohibit respondent from | 18 | | improperly using the
financial or other resources of an | 19 | | aged member of the family or household
for the profit or | 20 | | advantage of respondent or of any other person.
| 21 | | (11.5) Protection of animals. Grant the petitioner the | 22 | | exclusive care, custody, or control of any animal owned, | 23 | | possessed, leased, kept, or held by either the petitioner | 24 | | or the respondent or a minor child residing in the | 25 | | residence or household of either the petitioner or the | 26 | | respondent and order the respondent to stay away from the |
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| 1 | | animal and forbid the respondent from taking, | 2 | | transferring, encumbering, concealing, harming, or | 3 | | otherwise disposing of the animal.
| 4 | | (12) Order for payment of support. Order
respondent to | 5 | | pay temporary
support for the petitioner or any child in | 6 | | the petitioner's care or over whom the petitioner has been | 7 | | allocated parental responsibility
custody , when the | 8 | | respondent has a legal obligation to support that person,
| 9 | | in accordance with the Illinois Marriage and Dissolution
of | 10 | | Marriage Act, which shall govern, among other matters, the | 11 | | amount of
support, payment through the clerk and | 12 | | withholding of income to secure
payment. An order for child | 13 | | support may be granted to a petitioner with
lawful physical | 14 | | care or custody of a child, or an order or agreement for
| 15 | | physical care of a child or custody , prior to entry of an | 16 | | order allocating significant decision-making | 17 | | responsibility for legal custody .
Such a support order | 18 | | shall expire upon entry of a valid order allocating | 19 | | parental responsibility differently and vacating | 20 | | petitioner's significant decision-making responsibility | 21 | | granting
legal custody to another, unless otherwise | 22 | | provided in the custody order.
| 23 | | (13) Order for payment of losses. Order
respondent to | 24 | | pay petitioner
for losses suffered as a direct result of | 25 | | the abuse. Such losses shall
include, but not be limited | 26 | | to, medical expenses, lost earnings or other
support, |
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| 1 | | repair or replacement of property damaged or taken, | 2 | | reasonable
attorney's fees, court costs , and moving or | 3 | | other travel expenses, including
additional reasonable | 4 | | expenses for temporary shelter and restaurant meals.
| 5 | | (i) Losses affecting family needs. If a party is | 6 | | entitled to seek
maintenance, child support , or | 7 | | property distribution from the other party
under the | 8 | | Illinois Marriage and Dissolution of Marriage Act, as | 9 | | now or
hereafter amended, the court may order | 10 | | respondent to reimburse petitioner's
actual losses, to | 11 | | the extent that such reimbursement would be | 12 | | "appropriate
temporary relief", as authorized by | 13 | | subsection (a)(3) of
Section 501 of that Act.
| 14 | | (ii) Recovery of expenses. In the case of an | 15 | | improper concealment
or removal of a minor child, the | 16 | | court may order respondent to pay the reasonable
| 17 | | expenses incurred or to be incurred in the search for | 18 | | and recovery of the
minor child, including , but not | 19 | | limited to , legal fees, court costs, private
| 20 | | investigator fees, and travel costs.
| 21 | | (14) Prohibition of entry. Prohibit the respondent | 22 | | from entering or
remaining in the residence or household | 23 | | while the respondent is under the
influence of alcohol or | 24 | | drugs and constitutes a threat to the safety and
well-being | 25 | | of the petitioner or the petitioner's children.
| 26 | | (14.5) Prohibition of firearm possession. |
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| 1 | | (A) A person who is subject to an existing domestic | 2 | | violence order of protection , issued under this Code | 3 | | may not lawfully possess weapons under Section 8.2 of | 4 | | the Firearm Owners Identification Card Act. | 5 | | (B) Any firearms in the
possession of the | 6 | | respondent, except as provided in subparagraph (C) of | 7 | | this paragraph (14.5), shall be ordered by the court to | 8 | | be turned
over to a person with a valid Firearm Owner's | 9 | | Identification Card for safekeeping. The court shall | 10 | | issue an order that the respondent's Firearm Owner's | 11 | | Identification Card be turned over to the local law | 12 | | enforcement agency, which in turn shall immediately | 13 | | mail the card to the Department of State Police Firearm | 14 | | Owner's Identification Card Office for safekeeping.
| 15 | | The period of safekeeping shall be for the duration of | 16 | | the domestic violence order of protection. The firearm | 17 | | or firearms and Firearm Owner's Identification Card, | 18 | | if unexpired, shall at the respondent's request be | 19 | | returned to the respondent at expiration of the | 20 | | domestic violence order of protection.
| 21 | | (C) If the respondent is a peace officer as defined | 22 | | in Section 2-13 of
the
Criminal Code of 2012, the court | 23 | | shall order that any firearms used by the
respondent in | 24 | | the performance of his or her duties as a
peace officer | 25 | | be surrendered to
the chief law enforcement executive | 26 | | of the agency in which the respondent is
employed, who |
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| 1 | | shall retain the firearms for safekeeping for the | 2 | | duration of the domestic violence order of protection.
| 3 | | (D) Upon expiration of the period of safekeeping, | 4 | | if the firearms or Firearm Owner's Identification Card | 5 | | cannot be returned to respondent because respondent | 6 | | cannot be located, fails to respond to requests to | 7 | | retrieve the firearms, or is not lawfully eligible to | 8 | | possess a firearm, upon petition from the local law | 9 | | enforcement agency, the court may order the local law | 10 | | enforcement agency to destroy the firearms, use the | 11 | | firearms for training purposes, or for any other | 12 | | application as deemed appropriate by the local law | 13 | | enforcement agency; or that the firearms be turned over | 14 | | to a third party who is lawfully eligible to possess | 15 | | firearms, and who does not reside with respondent. | 16 | | (15) Prohibition of access to records. If a domestic | 17 | | violence an order of protection
prohibits respondent from | 18 | | having contact with the minor child,
or if petitioner's | 19 | | address is omitted under subsection (b) of
Section 112A-5 | 20 | | of this Code , or if necessary to prevent abuse or wrongful | 21 | | removal or
concealment of a minor child, the order shall | 22 | | deny respondent access to, and
prohibit respondent from | 23 | | inspecting, obtaining, or attempting to
inspect or obtain, | 24 | | school or any other records of the minor child
who is in | 25 | | the care of petitioner.
| 26 | | (16) Order for payment of shelter services. Order |
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| 1 | | respondent to
reimburse a shelter providing temporary | 2 | | housing and counseling services to
the petitioner for the | 3 | | cost of the services, as certified by the shelter
and | 4 | | deemed reasonable by the court.
| 5 | | (17) Order for injunctive relief. Enter injunctive | 6 | | relief necessary
or appropriate to prevent further abuse of | 7 | | a family or household member or
to effectuate one of the | 8 | | granted remedies, if supported by the balance of
hardships. | 9 | | If the harm to be prevented by the injunction is abuse or | 10 | | any
other harm that one of the remedies listed in | 11 | | paragraphs (1) through (16)
of this subsection is designed | 12 | | to prevent, no further evidence is necessary
to establish | 13 | | that the harm is an irreparable injury.
| 14 | | (18) Telephone services. | 15 | | (A) Unless a condition described in subparagraph | 16 | | (B) of this paragraph exists, the court may, upon | 17 | | request by the petitioner, order a wireless telephone | 18 | | service provider to transfer to the petitioner the | 19 | | right to continue to use a telephone number or numbers | 20 | | indicated by the petitioner and the financial | 21 | | responsibility associated with the number or numbers, | 22 | | as set forth in subparagraph (C) of this paragraph. In | 23 | | For purposes of this paragraph (18), the term "wireless | 24 | | telephone service provider" means a provider of | 25 | | commercial mobile service as defined in 47 U.S.C. 332. | 26 | | The petitioner may request the transfer of each |
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| 1 | | telephone number that the petitioner, or a minor child | 2 | | in his or her custody, uses. The clerk of the court | 3 | | shall serve the order on the wireless telephone service | 4 | | provider's agent for service of process provided to the | 5 | | Illinois Commerce Commission. The order shall contain | 6 | | all of the following: | 7 | | (i) The name and billing telephone number of | 8 | | the account holder including the name of the | 9 | | wireless telephone service provider that serves | 10 | | the account. | 11 | | (ii) Each telephone number that will be | 12 | | transferred. | 13 | | (iii) A statement that the provider transfers | 14 | | to the petitioner all financial responsibility for | 15 | | and right to the use of any telephone number | 16 | | transferred under this paragraph. | 17 | | (B) A wireless telephone service provider shall | 18 | | terminate the respondent's use of, and shall transfer | 19 | | to the petitioner use of, the telephone number or | 20 | | numbers indicated in subparagraph (A) of this | 21 | | paragraph unless it notifies the petitioner, within 72 | 22 | | hours after it receives the order, that one of the | 23 | | following applies: | 24 | | (i) The account holder named in the order has | 25 | | terminated the account. | 26 | | (ii) A difference in network technology would |
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| 1 | | prevent or impair the functionality of a device on | 2 | | a network if the transfer occurs. | 3 | | (iii) The transfer would cause a geographic or | 4 | | other limitation on network or service provision | 5 | | to the petitioner. | 6 | | (iv) Another technological or operational | 7 | | issue would prevent or impair the use of the | 8 | | telephone number if the transfer occurs. | 9 | | (C) The petitioner assumes all financial | 10 | | responsibility for and right to the use of any | 11 | | telephone number transferred under this paragraph. In | 12 | | this paragraph, "financial responsibility" includes | 13 | | monthly service costs and costs associated with any | 14 | | mobile device associated with the number. | 15 | | (D) A wireless telephone service provider may | 16 | | apply to the petitioner its routine and customary | 17 | | requirements for establishing an account or | 18 | | transferring a number, including requiring the | 19 | | petitioner to provide proof of identification, | 20 | | financial information, and customer preferences.
| 21 | | (E) Except for willful or wanton misconduct, a | 22 | | wireless telephone service provider is immune from | 23 | | civil liability for its actions taken in compliance | 24 | | with a court order issued under this paragraph. | 25 | | (F) All wireless service providers that provide | 26 | | services to residential customers shall provide to the |
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| 1 | | Illinois Commerce Commission the name and address of an | 2 | | agent for service of orders entered under this | 3 | | paragraph (18). Any change in status of the registered | 4 | | agent must be reported to the Illinois Commerce | 5 | | Commission within 30 days of such change. | 6 | | (G) The Illinois Commerce Commission shall | 7 | | maintain the list of registered agents for service for | 8 | | each wireless telephone service provider on the | 9 | | Commission's website. The Commission may consult with | 10 | | wireless telephone service providers and the Circuit | 11 | | Court Clerks on the manner in which this information is | 12 | | provided and displayed. | 13 | | (c) Relevant factors; findings.
| 14 | | (1) In determining whether to grant a
specific remedy, | 15 | | other than payment of support, the
court shall consider | 16 | | relevant factors, including , but not limited to , the
| 17 | | following:
| 18 | | (i) the nature, frequency, severity, pattern , and | 19 | | consequences of the
respondent's past abuse of the | 20 | | petitioner or any family or household
member, | 21 | | including the concealment of his or her location in | 22 | | order to evade
service of process or notice, and the | 23 | | likelihood of danger of future abuse to
petitioner or
| 24 | | any member of petitioner's or respondent's family or | 25 | | household; and
| 26 | | (ii) the danger that any minor child will be abused |
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| 1 | | or neglected or
improperly relocated removed from the | 2 | | jurisdiction, improperly concealed within the
State or | 3 | | improperly separated from the child's primary | 4 | | caretaker.
| 5 | | (2) In comparing relative hardships resulting to the | 6 | | parties from loss
of possession of the family home, the | 7 | | court shall consider relevant
factors, including , but not | 8 | | limited to , the following:
| 9 | | (i) availability, accessibility, cost, safety, | 10 | | adequacy, location and other
characteristics of | 11 | | alternate housing for each party and any minor child or
| 12 | | dependent adult in the party's care;
| 13 | | (ii) the effect on the party's employment; and
| 14 | | (iii) the effect on the relationship of the party, | 15 | | and any minor
child or dependent adult in the party's | 16 | | care, to family, school, church ,
and community.
| 17 | | (3) Subject to the exceptions set forth in paragraph | 18 | | (4) of this
subsection (c) , the court shall make its | 19 | | findings in an official record or in
writing, and shall at | 20 | | a minimum set forth the following:
| 21 | | (i) That the court has considered the applicable | 22 | | relevant factors
described in paragraphs (1) and (2) of | 23 | | this subsection (c) .
| 24 | | (ii) Whether the conduct or actions of respondent, | 25 | | unless
prohibited, will likely cause irreparable harm | 26 | | or continued abuse.
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| 1 | | (iii) Whether it is necessary to grant the | 2 | | requested relief in order
to protect petitioner or | 3 | | other alleged abused persons.
| 4 | | (4) (Blank).
| 5 | | (5) Never married parties. No rights or | 6 | | responsibilities for a minor
child born outside of marriage | 7 | | attach to a putative father until a father and
child | 8 | | relationship has been established under the Illinois | 9 | | Parentage Act of
1984 , or under the Illinois Parentage Act | 10 | | of 2015 , the Illinois Public Aid Code, Section 12 of the | 11 | | Vital Records Act, the Juvenile Court Act of 1987, the | 12 | | Probate Act of 1975, the Uniform Interstate Family Support | 13 | | Act, the Expedited Child Support Act of 1990, any judicial, | 14 | | administrative, or other act of another state or territory, | 15 | | any other statute of this State, or by any foreign nation | 16 | | establishing the father and child relationship, any other | 17 | | proceeding substantially in conformity with the federal | 18 | | Personal Responsibility and Work Opportunity | 19 | | Reconciliation Act of 1996, or when both parties appeared | 20 | | in open court or at an administrative hearing acknowledging | 21 | | under oath or admitting by affirmation the existence of a | 22 | | father and child relationship on and after the effective | 23 | | date of that Act . Absent such an adjudication, no putative | 24 | | father shall be granted
temporary allocation of parental | 25 | | responsibilities, including parenting time custody of the | 26 | | minor child, visitation with the minor child, or
physical |
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| 1 | | care
and possession of the minor child, nor shall
an order | 2 | | of payment for support of the minor child be entered.
| 3 | | (d) Balance of hardships; findings. If the court finds that | 4 | | the balance
of hardships does not support the granting of a | 5 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 6 | | subsection (b) of this Section,
which may require such | 7 | | balancing, the court's findings shall so
indicate and shall | 8 | | include a finding as to whether granting the remedy will
result | 9 | | in hardship to respondent that would substantially outweigh the | 10 | | hardship
to petitioner
from denial of the remedy. The findings | 11 | | shall be an official record or in
writing.
| 12 | | (e) Denial of remedies. Denial of any remedy shall not be | 13 | | based, in
whole or in part, on evidence that:
| 14 | | (1) respondent Respondent has cause for any use of | 15 | | force, unless that cause
satisfies the standards for | 16 | | justifiable use of force provided by Article
7 of the | 17 | | Criminal Code of 2012;
| 18 | | (2) respondent Respondent was voluntarily intoxicated;
| 19 | | (3) petitioner Petitioner acted in self-defense or | 20 | | defense of another, provided
that, if petitioner utilized | 21 | | force, such force was justifiable under
Article 7 of the | 22 | | Criminal Code of 2012;
| 23 | | (4) petitioner Petitioner did not act in self-defense | 24 | | or defense of another;
| 25 | | (5) petitioner Petitioner left the residence or | 26 | | household to avoid further abuse
by respondent;
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| 1 | | (6) petitioner Petitioner did not leave the residence | 2 | | or household to avoid further
abuse by respondent; or
| 3 | | (7) conduct Conduct by any family or household member | 4 | | excused the abuse by
respondent, unless that same conduct | 5 | | would have excused such abuse if the
parties had not been | 6 | | family or household members.
| 7 | | (Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; | 8 | | 100-388, eff. 1-1-18; revised 10-10-17.)
| 9 | | (725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
| 10 | | Sec. 112A-16. Accountability for Actions of Others. For the | 11 | | purposes of
issuing a domestic violence an order of protection,
| 12 | | deciding what remedies should be included and enforcing the | 13 | | order, Article
5 of the Criminal Code of 2012 shall govern | 14 | | whether respondent is legally
accountable for the conduct of | 15 | | another person.
| 16 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 17 | | (725 ILCS 5/112A-17.5 new) | 18 | | Sec. 112A-17.5. Ex parte protective orders. | 19 | | (a) The petitioner may request expedited consideration of | 20 | | the petition for an ex parte protective order. The court shall | 21 | | consider the request on an expedited basis without requiring | 22 | | the respondent's presence or requiring notice to the | 23 | | respondent. | 24 | | (b) Issuance of ex parte protective orders in cases |
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| 1 | | involving domestic violence. An ex parte domestic violence | 2 | | order of protection shall be issued if petitioner satisfies the | 3 | | requirements of this subsection (b) for one or more of the | 4 | | requested remedies. For each remedy requested, petitioner | 5 | | shall establish that: | 6 | | (1) the court has jurisdiction under Section 112A-9 of | 7 | | this Code; | 8 | | (2) the requirements of subsection (a) of Section | 9 | | 112A-11.5 of this Code are satisfied; and | 10 | | (3) there is good cause to grant the remedy, regardless | 11 | | of prior service of process or notice upon the respondent, | 12 | | because: | 13 | | (A) for the remedy of prohibition of abuse | 14 | | described in paragraph (1) of subsection (b) of Section | 15 | | 112A-14 of this Code; stay away order and additional | 16 | | prohibitions described in paragraph (3) of subsection | 17 | | (b) of Section 112A-14 of this Code; removal or | 18 | | concealment of minor child described in paragraph (8) | 19 | | of subsection (b) of Section 112A-14 of this Code; | 20 | | order to appear described in paragraph (9) of | 21 | | subsection (b) of Section 112A-14 of this Code; | 22 | | physical care and possession of the minor child | 23 | | described in paragraph (5) of subsection (b) of Section | 24 | | 112A-14 of this Code; protection of property described | 25 | | in paragraph (11) of subsection (b) of Section 112A-14 | 26 | | of this Code; prohibition of entry described in |
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| 1 | | paragraph (14) of subsection (b) of Section 112A-14 of | 2 | | this Code; prohibition of firearm possession described | 3 | | in paragraph (14.5) of subsection (b) of Section | 4 | | 112A-14 of this Code; prohibition of access to records | 5 | | described in paragraph (15) of subsection (b) of | 6 | | Section 112A-14 of this Code; injunctive relief | 7 | | described in paragraph (16) of subsection (b) of | 8 | | Section 112A-14 of this Code; and telephone services | 9 | | described in paragraph (18) of subsection (b) of | 10 | | Section 112A-14 of this Code, the harm which that | 11 | | remedy is intended to prevent would be likely to occur | 12 | | if the respondent were given any prior notice, or | 13 | | greater notice than was actually given, of the | 14 | | petitioner's efforts to obtain judicial relief; | 15 | | (B) for the remedy of grant of exclusive possession | 16 | | of residence described in paragraph (2) of subsection | 17 | | (b) of Section 112A-14 of this Code; the immediate | 18 | | danger of further abuse of the petitioner by the | 19 | | respondent, if the petitioner chooses or had chosen to | 20 | | remain in the residence or household while the | 21 | | respondent was given any prior notice or greater notice | 22 | | than was actually given of the petitioner's efforts to | 23 | | obtain judicial relief outweighs the hardships to the | 24 | | respondent of an emergency order granting the | 25 | | petitioner exclusive possession of the residence or | 26 | | household; and the remedy shall not be denied because |
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| 1 | | the petitioner has or could obtain temporary shelter | 2 | | elsewhere while prior notice is given to the | 3 | | respondent, unless the hardship to the respondent from | 4 | | exclusion from the home substantially outweigh the | 5 | | hardship to the petitioner; or | 6 | | (C) for the remedy of possession of personal | 7 | | property described in paragraph (10) of subsection (b) | 8 | | of Section 112A-14 of this Code; improper disposition | 9 | | of the personal property would be likely to occur if | 10 | | the respondent were given any prior notice, or greater | 11 | | notice than was actually given, of the petitioner's | 12 | | efforts to obtain judicial relief or the petitioner has | 13 | | an immediate and pressing need for the possession of | 14 | | that property. | 15 | | An ex parte domestic violence order of protection may not | 16 | | include the counseling, custody, or payment of support or | 17 | | monetary compensation remedies provided by paragraphs (4), | 18 | | (12), (13), and (16) of subsection (b) of Section 112A-14 of | 19 | | this Code. | 20 | | (c) Issuance of ex parte civil no contact order in cases | 21 | | involving sexual offenses. An ex parte civil no contact order | 22 | | shall be issued if the petitioner establishes that: | 23 | | (1) the court has jurisdiction under Section 112A-9 of | 24 | | this Code; | 25 | | (2) the requirements of subsection (a) of Section | 26 | | 112A-11.5 of this Code are satisfied; and |
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| 1 | | (3) there is good cause to grant the remedy, regardless | 2 | | of prior service of process or of notice upon the | 3 | | respondent, because the harm which that remedy is intended | 4 | | to prevent would be likely to occur if the respondent were | 5 | | given any prior notice, or greater notice than was actually | 6 | | given, of the petitioner's efforts to obtain judicial | 7 | | relief. | 8 | | The court may order any of the remedies under Section | 9 | | 112A-14.5 of this Code. | 10 | | (d) Issuance of ex parte stalking no contact order in cases | 11 | | involving stalking offenses. An ex parte stalking no contact | 12 | | order shall be issued if the petitioner establishes that: | 13 | | (1) the court has jurisdiction under Section 112A-9 of | 14 | | this Code; | 15 | | (2) the requirements of subsection (a) of Section | 16 | | 112A-11.5 of this Code are satisfied; and | 17 | | (3) there is good cause to grant the remedy, regardless | 18 | | of prior service of process or of notice upon the | 19 | | respondent, because the harm which that remedy is intended | 20 | | to prevent would be likely to occur if the respondent were | 21 | | given any prior notice, or greater notice than was actually | 22 | | given, of the petitioner's efforts to obtain judicial | 23 | | relief. | 24 | | The court may order any of the remedies under Section | 25 | | 112A-14.7 of this Code. | 26 | | (e) Issuance of ex parte protective orders on court |
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| 1 | | holidays and evenings. | 2 | | When the court is unavailable at the close of business, the | 3 | | petitioner may file a petition for an ex parte protective order | 4 | | before any available circuit judge or associate judge who may | 5 | | grant relief under this Article. If the judge finds that | 6 | | petitioner has satisfied the prerequisites in subsection (b), | 7 | | (c), or (d) of this Section, the judge shall issue an ex parte | 8 | | protective order. | 9 | | The chief judge of the circuit court may designate for each | 10 | | county in the circuit at least one judge to be reasonably | 11 | | available to issue orally, by telephone, by facsimile, or | 12 | | otherwise, an ex parte protective order at all times, whether | 13 | | or not the court is in session. | 14 | | The judge who issued the order under this Section shall | 15 | | promptly communicate or convey the order to the sheriff to | 16 | | facilitate the entry of the order into the Law Enforcement | 17 | | Agencies Data System by the Department of State Police under | 18 | | Section 112A-28 of this Code. Any order issued under this | 19 | | Section and any documentation in support of it shall be | 20 | | certified on the next court day to the appropriate court. The | 21 | | clerk of that court shall immediately assign a case number, | 22 | | file the petition, order, and other documents with the court | 23 | | and enter the order of record and file it with the sheriff for | 24 | | service under subsection (f) of this Section. Failure to comply | 25 | | with the requirements of this subsection (e) shall not affect | 26 | | the validity of the order. |
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| 1 | | (f) Service of ex parte protective order on respondent. | 2 | | (1) If an ex parte protective order is entered at the | 3 | | time a summons or arrest warrant is issued for the criminal | 4 | | charge, the petition for the protective order, any | 5 | | supporting affidavits, if any, and the ex parte protective | 6 | | order that has been issued shall be served with the summons | 7 | | or arrest warrant. The enforcement of a protective order | 8 | | under Section 112A-23 of this Code shall not be affected by | 9 | | the lack of service or delivery, provided the requirements | 10 | | of subsection (a) of Section 112A-23 of this Code are | 11 | | otherwise met. | 12 | | (2) If an ex parte protective order is entered after a | 13 | | summons or arrest warrant is issued and before the | 14 | | respondent makes an initial appearance in the criminal | 15 | | case, the summons shall be in the form prescribed by | 16 | | subsection (d) of Supreme Court Rule 101, except that it | 17 | | shall require respondent to answer or appear within 7 days | 18 | | and shall be accompanied by the petition for the protective | 19 | | order, any supporting affidavits, if any, and the ex parte | 20 | | protective order that has been issued. | 21 | | (3) If an ex parte protective order is entered after | 22 | | the respondent has been served notice of a petition for a | 23 | | final protective order and the respondent has requested a | 24 | | continuance to respond to the petition, the ex parte | 25 | | protective order shall be served: (A) in open court if the | 26 | | respondent is present at the proceeding at which the order |
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| 1 | | was entered; or (B) by summons in the form prescribed by | 2 | | subsection (d) of Supreme Court Rule 101. | 3 | | (4) No fee shall be charged for service of summons. | 4 | | (5) The summons shall be served by the sheriff or other | 5 | | law enforcement officer at the earliest time and shall take | 6 | | precedence over other summonses except those of a similar | 7 | | emergency nature. Special process servers may be appointed | 8 | | at any time, and their designation shall not affect the | 9 | | responsibilities and authority of the sheriff or other | 10 | | official process servers. In a county with a population | 11 | | over 3,000,000, a special process server may not be | 12 | | appointed if an ex parte protective order grants the | 13 | | surrender of a child, the surrender of a firearm or Firearm | 14 | | Owner's Identification Card, or the exclusive possession | 15 | | of a shared residence. Process may be served in court. | 16 | | (g) Upon 7 days' notice to the petitioner, or a shorter | 17 | | notice period as the court may prescribe, a respondent subject | 18 | | to an ex parte protective order may appear and petition the | 19 | | court to re-hear the petition. Any petition to re-hear shall be | 20 | | verified and shall allege the following: | 21 | | (1) that respondent did not receive prior notice of the | 22 | | initial hearing in which the ex parte protective order was | 23 | | entered under Section 112A-17.5 of this Code; and | 24 | | (2) that respondent had a meritorious defense to the | 25 | | order or any of its remedies or that the order or any of | 26 | | its remedies was not authorized under this Article. |
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| 1 | | The verified petition and affidavit shall set forth the | 2 | | evidence of the meritorious defense that will be presented at a | 3 | | hearing. If the court finds that the evidence presented at the | 4 | | hearing on the petition establishes a meritorious defense by a | 5 | | preponderance of the evidence, the court may decide to vacate | 6 | | the protective order or modify the remedies. | 7 | | (h) If the ex parte protective order granted petitioner | 8 | | exclusive possession of the residence and the petition of | 9 | | respondent seeks to re-open or vacate that grant, the court | 10 | | shall set a date for hearing within 14 days on all issues | 11 | | relating to exclusive possession. Under no circumstances shall | 12 | | a court continue a hearing concerning exclusive possession | 13 | | beyond the 14th day except by agreement of the petitioner and | 14 | | the respondent. Other issues raised by the pleadings may be | 15 | | consolidated for the hearing if the petitioner, the respondent, | 16 | | and the court do not object. | 17 | | (i) Duration of ex parte protective order. An ex parte | 18 | | order shall remain in effect until the court considers the | 19 | | request for a final protective order after notice has been | 20 | | served on the respondent or a default final protective order is | 21 | | entered, whichever occurs first. If a court date is scheduled | 22 | | for the issuance of a default protective order and the | 23 | | petitioner fails to personally appear or appear through counsel | 24 | | or the prosecuting attorney, the petition shall be dismissed | 25 | | and the ex parte order terminated.
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| 1 | | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| 2 | | Sec. 112A-20. Duration and extension of final protective | 3 | | orders.
| 4 | | (a) (Blank).
| 5 | | (b) A final protective order shall remain in effect as | 6 | | follows:
| 7 | | (1) if entered during pre-trial release, until | 8 | | disposition, withdrawal,
or dismissal of the underlying | 9 | | charge; if, however, the case is continued as an
| 10 | | independent cause of action, the order's duration may be | 11 | | for a fixed period
of time not to exceed 2 years;
| 12 | | (2) if in effect in conjunction with a bond forfeiture | 13 | | warrant, until
final disposition or an additional period
of | 14 | | time not
exceeding 2 years; no domestic violence order of
| 15 | | protection, however, shall be terminated by a dismissal | 16 | | that is accompanied
by the issuance of a bond forfeiture | 17 | | warrant;
| 18 | | (3) until 2 years after the expiration of any | 19 | | supervision, conditional discharge,
probation, periodic | 20 | | imprisonment, parole, aftercare release, or mandatory | 21 | | supervised release for domestic violence orders of | 22 | | protection and civil no contact orders; or
| 23 | | (4) until 2 years after the date set by the court for | 24 | | expiration of any sentence of
imprisonment and subsequent | 25 | | parole, aftercare release, or mandatory supervised release
| 26 | | for domestic violence orders of protection and civil no |
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| 1 | | contact orders; and
| 2 | | (5) permanent for a stalking no contact order if a | 3 | | judgment of conviction for stalking is entered. | 4 | | (c) Computation of time. The duration of a domestic | 5 | | violence an order of protection shall
not be reduced by the | 6 | | duration of any prior domestic violence order of protection.
| 7 | | (d) Law enforcement records. When a protective order | 8 | | expires
upon the occurrence of a specified event, rather than | 9 | | upon a specified date
as provided in subsection (b), no | 10 | | expiration date shall be entered in
Department of State Police | 11 | | records. To remove the protective order from
those records, | 12 | | either the petitioner or the respondent shall request the clerk | 13 | | of the court to file a
certified copy of an order stating that | 14 | | the specified event has occurred or
that the protective order | 15 | | has been vacated or modified with the sheriff, and the
sheriff | 16 | | shall direct that law enforcement records shall be promptly
| 17 | | corrected in accordance with the filed order.
| 18 | | (e) Extension of Orders. Any domestic violence order of
| 19 | | protection or civil no contact order that expires 2 years after | 20 | | the expiration of the defendant's sentence under paragraph (2), | 21 | | (3), or (4) of subsection (b) of Section 112A-20 of this | 22 | | Article may be extended one or more times, as required. The | 23 | | petitioner , petitioner's counsel, or the State's Attorney on | 24 | | the petitioner's behalf shall file the motion for an extension | 25 | | of the final protective order in the criminal case and serve | 26 | | the motion in accordance with Supreme Court Rules 11 and 12. |
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| 1 | | The court shall transfer the motion to the appropriate court or | 2 | | division for consideration under subsection (e) of Section 220 | 3 | | of the Illinois Domestic Violence Act of 1986 , or subsection | 4 | | (c) of Section 216 of the Civil No Contact Order Act, or | 5 | | subsection (c) of Section 105 of the Stalking No Contact Order | 6 | | as appropriate.
| 7 | | (f) Termination date. Any final protective order of | 8 | | protection which would expire on a
court holiday shall instead | 9 | | expire at the close of the next court business day.
| 10 | | (g) Statement of purpose. The practice of dismissing or | 11 | | suspending a
criminal prosecution in exchange for issuing a | 12 | | protective an order of protection
undermines the purposes of | 13 | | this Article. This Section shall not be
construed as | 14 | | encouraging that practice.
| 15 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 16 | | (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
| 17 | | Sec. 112A-21. Contents of orders.
| 18 | | (a) Any domestic violence order of protection shall
| 19 | | describe, in reasonable detail and not by reference to any | 20 | | other
document, the following:
| 21 | | (1) Each remedy granted by the court, in reasonable | 22 | | detail and not by
reference to any other document, so that | 23 | | respondent may clearly understand
what he or she must do or | 24 | | refrain from doing. Pre-printed form orders
of
protection | 25 | | shall include the definitions of the types of abuse,
as |
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| 1 | | provided
in Section 112A-3 of this Code .
Remedies set forth | 2 | | in pre-printed form for domestic violence orders shall be | 3 | | numbered
consistently with and corresponding to the | 4 | | numerical sequence of remedies
listed in Section 112A-14 of | 5 | | this Code (at least as of the date the form orders are
| 6 | | printed).
| 7 | | (2) The reason for denial of petitioner's request for | 8 | | any remedy listed
in Section 112A-14 of this Code .
| 9 | | (b) A domestic violence An order of protection shall | 10 | | further state the following:
| 11 | | (1) The name of each petitioner that the court finds is | 12 | | a victim of a charged offense, and that respondent is a | 13 | | member of the family or household of
each such petitioner, | 14 | | and the name of each other person protected by the
order | 15 | | and that such person is protected by this Code Act .
| 16 | | (2) For any remedy requested by petitioner on which the | 17 | | court has
declined to rule, that that remedy is reserved.
| 18 | | (3) The date and time the domestic violence order of | 19 | | protection was issued.
| 20 | | (4) (Blank).
| 21 | | (5) (Blank).
| 22 | | (6) (Blank).
| 23 | | (c) Any domestic violence order of protection shall include | 24 | | the following notice, printed in
conspicuous type: | 25 | | "Any knowing violation of a domestic violence an order | 26 | | of protection
forbidding physical abuse, harassment,
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| 1 | | intimidation, interference with personal liberty, willful | 2 | | deprivation, or
entering or remaining present at
specified | 3 | | places when the protected person is present, or granting | 4 | | exclusive
possession of the residence or household, or | 5 | | granting a stay away order
is a Class A misdemeanor for a | 6 | | first offense, and a Class 4 felony for persons with a | 7 | | prior conviction for certain offenses under subsection (d) | 8 | | of Section 12-3.4 of the Criminal Code of 2012 . Grant
of | 9 | | exclusive possession of the residence or household shall | 10 | | constitute
notice forbidding trespass to land. Any
knowing | 11 | | violation of an order awarding legal custody or physical | 12 | | care of a
child or prohibiting removal or concealment
of a | 13 | | child may be a Class 4 felony. Any willful violation of any | 14 | | order is
contempt of court. Any violation may result in | 15 | | fine or imprisonment."
| 16 | | (d) (Blank).
| 17 | | (e) A domestic violence An order of protection shall state, | 18 | | "This Order of Protection is enforceable, even without | 19 | | registration, in all 50 states, the District of Columbia, | 20 | | tribal lands, and the U.S. territories pursuant to the Violence | 21 | | Against Women Act (18 U.S.C. 2265). Violating this Order of | 22 | | Protection may subject the respondent to federal charges and | 23 | | punishment (18 U.S.C. 2261-2262). The respondent may be subject | 24 | | to federal criminal penalties for possessing, transporting, | 25 | | shipping, or receiving any firearm or ammunition under the Gun | 26 | | Control Act (18 U.S.C. 922(g)(8) and (9))."
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| 1 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 2 | | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| 3 | | Sec. 112A-22. Notice of orders.
| 4 | | (a) Entry and issuance. Upon issuance
of any protective | 5 | | order of protection , the clerk shall
immediately , or on the | 6 | | next court day if an ex parte order is issued under subsection | 7 | | (e) of Section 112A-17.5 of this Code,
(i) enter the order on | 8 | | the record and file it
in accordance with the circuit court
| 9 | | procedures and (ii) provide a file stamped copy of the order to
| 10 | | respondent and to petitioner, if present, and to the State's | 11 | | Attorney. If the victim is not present the State's Attorney | 12 | | shall (i) as soon as practicable notify the petitioner the | 13 | | order has been entered and (ii) provide a file stamped copy of | 14 | | the order to the petitioner within 3 days.
| 15 | | (b) Filing with sheriff. The clerk of the issuing judge | 16 | | shall, on the same day that a protective order is
issued, file | 17 | | a copy of that order with the sheriff or other law enforcement
| 18 | | officials charged with maintaining Department of State Police | 19 | | records or charged with serving the order upon respondent. If | 20 | | the order was issued under subsection (e) of Section 112A-17.5 | 21 | | of this Code, the clerk on the next court day shall file a | 22 | | certified copy of the order with the sheriff or other law | 23 | | enforcement officials charged with maintaining Department of | 24 | | State Police records .
| 25 | | (c) (Blank).
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| 1 | | (c-2) Service by sheriff. Unless respondent was present in | 2 | | court when the order was issued, the sheriff, other law | 3 | | enforcement official, or special process server shall promptly | 4 | | serve that order upon respondent and file proof of the service, | 5 | | in the manner provided for service of process in civil | 6 | | proceedings. Instead of serving the order upon the respondent; | 7 | | however, the sheriff, other law enforcement official, special | 8 | | process server, or other persons defined in Section 112A-22.1 | 9 | | of this Code may serve the respondent with a short form | 10 | | notification as provided in Section 112A-22.1 of this Code. If | 11 | | process has not yet been served upon the respondent, process | 12 | | shall be served with the order or short form notification if | 13 | | the service is made by the sheriff, other law enforcement | 14 | | official, or special process server. | 15 | | (c-3) If the person against whom the protective order is | 16 | | issued is arrested and the written order is issued under | 17 | | subsection (e) of Section 112A-17.5 of this Code and received | 18 | | by the custodial law enforcement agency before the respondent | 19 | | or arrestee is released from custody, the custodial law | 20 | | enforcement agency 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 a hearing on the | 24 | | petition for protective order or receipt of the order issued | 25 | | under Section 112A-17 of this Code. | 26 | | (c-4) Extensions, modifications, and revocations. Any |
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| 1 | | order extending, modifying, or revoking any protective order | 2 | | shall be promptly recorded, issued, and served as provided in | 3 | | this Section. | 4 | | (c-5) (Blank).
| 5 | | (d) (Blank).
| 6 | | (e) Notice to health care facilities and health care | 7 | | practitioners. Upon the request of the petitioner, the clerk of | 8 | | the circuit court shall send a certified copy of the protective | 9 | | order to any specified health care facility or health care | 10 | | practitioner requested by the petitioner at the mailing address | 11 | | provided by the petitioner. | 12 | | (f) Disclosure by health care facilities and health care | 13 | | practitioners. After receiving a certified copy of a protective | 14 | | order that prohibits a respondent's access to records, no | 15 | | health care facility or health care practitioner shall allow a | 16 | | respondent access to the records of any child who is a | 17 | | protected person under the protective order, or release | 18 | | information in those records to the respondent, unless the | 19 | | order has expired or the respondent shows a certified copy of | 20 | | the court order vacating the corresponding protective order | 21 | | that was sent to the health care facility or practitioner. | 22 | | Nothing in this Section shall be construed to require health
| 23 | | care facilities or health care practitioners to alter | 24 | | procedures related to billing and payment. The health care | 25 | | facility or health care practitioner may file the copy of the | 26 | | protective order in the records of a child who is a protected |
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| 1 | | person under the protective order, or may employ any other | 2 | | method to identify the records to which a respondent is | 3 | | prohibited access. No health care facility or health care | 4 | | practitioner shall be civilly or professionally liable for
| 5 | | reliance on a copy of a protective order, except for willful | 6 | | and wanton misconduct. | 7 | | (g) Notice to schools. Upon the request of the petitioner, | 8 | | within 24
hours of the issuance of a protective order, the | 9 | | clerk of the issuing judge shall
send a certified copy of
the | 10 | | protective order to the day-care facility,
pre-school or | 11 | | pre-kindergarten, or private school or the principal
office of | 12 | | the public school district or any college or university in | 13 | | which any child who
is a protected person under the protective | 14 | | order or any child
of
the
petitioner is enrolled as requested | 15 | | by the petitioner at the mailing address provided by the | 16 | | petitioner.
If the child transfers enrollment to another | 17 | | day-care facility, pre-school,
pre-kindergarten,
private | 18 | | school, public school, college, or university, the petitioner | 19 | | may,
within 24 hours
of the transfer, send to the clerk written | 20 | | notice of the transfer, including
the name and
address of the | 21 | | institution to which the child is transferring.
Within 24 hours | 22 | | of receipt of notice
from the petitioner that a child is | 23 | | transferring to another day-care facility,
pre-school, | 24 | | pre-kindergarten, private school, public school, college, or
| 25 | | university, the clerk shall send a certified copy of the order | 26 | | to the institution to which the child
is
transferring. |
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| 1 | | (h) Disclosure by schools. After receiving a certified copy | 2 | | of a protective order that prohibits a respondent's access to | 3 | | records, neither a
day-care facility, pre-school, | 4 | | pre-kindergarten, public
or private school, college, or | 5 | | university nor its employees shall allow a
respondent access to | 6 | | a
protected child's records or release information in those | 7 | | records to the
respondent. The school shall file
the copy of | 8 | | the protective order in the records of a child who
is a | 9 | | protected person under the order. When a child who is a
| 10 | | protected person under the protective order transfers to | 11 | | another day-care
facility, pre-school, pre-kindergarten, | 12 | | public or private school, college, or
university, the | 13 | | institution from which the child is transferring may, at the
| 14 | | request of the petitioner, provide,
within 24 hours of the | 15 | | transfer, written notice of the protective order,
along with a | 16 | | certified copy of the order, to the institution to which the | 17 | | child
is
transferring. | 18 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 19 | | (725 ILCS 5/112A-22.1 new) | 20 | | Sec. 112A-22.1. Short form notification. | 21 | | (a) Instead of personal service of a protective order under | 22 | | Section 112A-22 of this Code, a sheriff, other law enforcement | 23 | | official, special process server, or personnel assigned by the | 24 | | Department of Corrections or Department of Juvenile Justice to | 25 | | investigate the alleged misconduct of committed persons or |
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| 1 | | alleged violations of the person's conditions of parole, | 2 | | aftercare release, or mandatory supervised release, may serve a | 3 | | respondent with a short form notification. The short form | 4 | | notification shall include the following: | 5 | | (1) Respondent's name. | 6 | | (2) Respondent's date of birth, if known. | 7 | | (3) Petitioner's name. | 8 | | (4) Names of other protected parties. | 9 | | (5) Date and county in which the protective order was | 10 | | filed. | 11 | | (6) Court file number. | 12 | | (7) Hearing date and time, if known. | 13 | | (8) Conditions that apply to the respondent, either in | 14 | | checklist form or handwritten. | 15 | | (b) The short form notification shall contain the following | 16 | | notice in bold print: | 17 | | "The order is now enforceable. You must report to the | 18 | | office of the sheriff or the office of the circuit court in | 19 | | (name of county) County to obtain a copy of the order. You are | 20 | | subject to arrest and may be charged with a misdemeanor or | 21 | | felony if you violate any of the terms of the order." | 22 | | (c) Upon verification of the identity of the respondent and | 23 | | the existence of an unserved order against the respondent, a | 24 | | sheriff or other law enforcement official may detain the | 25 | | respondent for a reasonable time necessary to complete and | 26 | | serve the short form notification. |
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| 1 | | (d) When service is made by short form notification under | 2 | | this Section, it may be proved by the affidavit of the person | 3 | | making the service. | 4 | | (e) The Attorney General shall make the short form | 5 | | notification form available to law enforcement agencies in this | 6 | | State. | 7 | | (725 ILCS 5/112A-22.3) | 8 | | Sec. 112A-22.3. Withdrawal or dismissal of charges or | 9 | | petition. | 10 | | (a) Voluntary dismissal or withdrawal of any delinquency | 11 | | petition or criminal prosecution or a finding of not guilty | 12 | | shall not require dismissal or vacation of the protective | 13 | | order; instead, at the request of the petitioner, petitioner's | 14 | | counsel, or the State's Attorney on behalf of the petitioner in | 15 | | the discretion of the State's Attorney, or on the court's | 16 | | motion , it may be treated as an independent action and, if | 17 | | necessary and appropriate, transferred to a different court or | 18 | | division. Dismissal of any delinquency petition or criminal | 19 | | prosecution shall not affect the validity of any previously | 20 | | issued protective order. | 21 | | (b) Withdrawal or dismissal of any petition for a | 22 | | protective order shall operate as a dismissal without | 23 | | prejudice.
| 24 | | (Source: P.A. 100-199, eff. 1-1-18 .)
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| 1 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| 2 | | Sec. 112A-23. Enforcement of protective orders.
| 3 | | (a) When violation is crime. A violation of any protective | 4 | | order of protection ,
whether issued in a civil, quasi-criminal | 5 | | proceeding, shall be
enforced by a
criminal court when:
| 6 | | (1) The respondent commits the crime of violation of a | 7 | | domestic violence an order of
protection pursuant to | 8 | | Section 12-3.4 or 12-30 of the Criminal Code of
1961 or the | 9 | | Criminal Code of 2012, by
having knowingly violated:
| 10 | | (i) remedies described in paragraphs (1), (2), | 11 | | (3), (14),
or
(14.5)
of subsection (b) of Section | 12 | | 112A-14 of this Code ,
| 13 | | (ii) a remedy, which is substantially similar to | 14 | | the remedies
authorized
under paragraphs (1), (2), | 15 | | (3), (14) , or (14.5) of subsection (b) of Section 214
| 16 | | of the Illinois Domestic Violence Act of 1986, in a | 17 | | valid order of protection,
which is authorized under | 18 | | the laws of another state, tribe or United States
| 19 | | territory,
| 20 | | (iii) or any other remedy when the act
constitutes | 21 | | a crime against the protected parties as defined by the | 22 | | Criminal
Code of 1961 or the Criminal Code of 2012.
| 23 | | Prosecution for a violation of a domestic violence an | 24 | | order of protection shall
not bar concurrent prosecution | 25 | | for any other crime, including any crime
that may have been | 26 | | committed at the time of the violation of the domestic |
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| 1 | | violence order
of protection; or
| 2 | | (2) The respondent commits the crime of child abduction | 3 | | pursuant
to Section 10-5 of the Criminal Code of 1961 or | 4 | | the Criminal Code of 2012, by having knowingly violated:
| 5 | | (i) remedies described in paragraphs (5), (6) , or | 6 | | (8) of subsection
(b)
of
Section 112A-14 of this Code , | 7 | | or
| 8 | | (ii) a remedy, which is substantially similar to | 9 | | the remedies
authorized
under paragraphs (1),
(5), | 10 | | (6), or (8) of subsection (b) of Section 214
of the | 11 | | Illinois Domestic Violence Act of 1986, in a valid | 12 | | domestic violence order of protection,
which is | 13 | | authorized under the laws of another state, tribe or | 14 | | United States
territory.
| 15 | | (3) The respondent commits the crime of violation of a | 16 | | civil no contact order when the respondent violates Section | 17 | | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | 18 | | violation of a civil no contact order shall not bar | 19 | | concurrent prosecution for any other crime, including any | 20 | | crime that may have been committed at the time of the | 21 | | violation of the civil no contact order. | 22 | | (4) The respondent commits the crime of violation of a | 23 | | stalking no contact order when the respondent violates | 24 | | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | 25 | | for a violation of a stalking no contact order shall not | 26 | | bar concurrent prosecution for any other crime, including |
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| 1 | | any crime that may have been committed at the time of the | 2 | | violation of the stalking no contact order. | 3 | | (b) When violation is contempt of court. A violation of any | 4 | | valid protective order, whether issued in a civil or criminal
| 5 | | proceeding, may be enforced through civil or criminal contempt | 6 | | procedures,
as appropriate, by any court with jurisdiction, | 7 | | regardless where the act or
acts which violated the protective | 8 | | order were committed, to the extent
consistent with the venue | 9 | | provisions of this Article. Nothing in this
Article shall | 10 | | preclude any Illinois court from enforcing any valid protective | 11 | | order issued in another state. Illinois courts may enforce | 12 | | protective orders through both criminal prosecution and | 13 | | contempt proceedings,
unless the action which is second in time | 14 | | is barred by collateral estoppel
or the constitutional | 15 | | prohibition against double jeopardy.
| 16 | | (1) In a contempt proceeding where the petition for a | 17 | | rule to show
cause sets forth facts evidencing an immediate | 18 | | danger that the
respondent will flee the jurisdiction, | 19 | | conceal a child, or inflict physical
abuse on the | 20 | | petitioner or minor children or on dependent adults in
| 21 | | petitioner's care, the court may order the
attachment of | 22 | | the respondent without prior service of the rule to show
| 23 | | cause or the petition for a rule to show cause. Bond shall | 24 | | be set unless
specifically denied in writing.
| 25 | | (2) A petition for a rule to show cause for violation | 26 | | of a protective order shall be treated as an expedited |
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| 1 | | proceeding.
| 2 | | (c) Violation of custody, allocation of parental | 3 | | responsibility, or support orders. A violation of remedies
| 4 | | described in paragraphs (5), (6), (8), or (9) of subsection (b) | 5 | | of Section
112A-14 of this Code may be enforced by any remedy | 6 | | provided by Section 607.5 of
the Illinois Marriage and | 7 | | Dissolution of Marriage Act. The court may
enforce any order | 8 | | for support issued under paragraph (12) of subsection (b)
of | 9 | | Section 112A-14 of this Code in the manner provided for under | 10 | | Parts
V and VII of the
Illinois Marriage and Dissolution of | 11 | | Marriage Act.
| 12 | | (d) Actual knowledge. A protective order may be
enforced | 13 | | pursuant to this Section if the respondent violates the order
| 14 | | after respondent has actual knowledge of its contents
as shown | 15 | | through one of the following means:
| 16 | | (1) (Blank).
| 17 | | (2) (Blank).
| 18 | | (3) By service of a protective an order of protection | 19 | | under subsection (f) of Section 112A-17.5 or Section | 20 | | 112A-22 of this Code .
| 21 | | (4) By other means demonstrating actual knowledge of | 22 | | the contents of the order.
| 23 | | (e) The enforcement of a protective an order of protection | 24 | | in civil or criminal court
shall not be affected by either of | 25 | | the following:
| 26 | | (1) The existence of a separate, correlative order |
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| 1 | | entered under Section
112A-15 of this Code .
| 2 | | (2) Any finding or order entered in a conjoined | 3 | | criminal proceeding.
| 4 | | (f) Circumstances. The court, when determining whether or | 5 | | not a
violation of a protective order has occurred, shall not | 6 | | require
physical manifestations of abuse on the person of the | 7 | | victim.
| 8 | | (g) Penalties.
| 9 | | (1) Except as provided in paragraph (3) of this
| 10 | | subsection (g) , where the court finds the commission of a | 11 | | crime or contempt of
court under subsections (a) or (b) of | 12 | | this Section, the penalty shall be
the penalty that | 13 | | generally applies in such criminal or contempt
| 14 | | proceedings, and may include one or more of the following: | 15 | | incarceration,
payment of restitution, a fine, payment of | 16 | | attorneys' fees and costs, or
community service.
| 17 | | (2) The court shall hear and take into account evidence | 18 | | of any factors
in aggravation or mitigation before deciding | 19 | | an appropriate penalty under
paragraph (1) of this | 20 | | subsection (g) .
| 21 | | (3) To the extent permitted by law, the court is | 22 | | encouraged to:
| 23 | | (i) increase the penalty for the knowing violation | 24 | | of
any protective order over any penalty previously | 25 | | imposed by any court
for respondent's violation of any | 26 | | protective order or penal statute
involving petitioner |
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| 1 | | as victim and respondent as defendant;
| 2 | | (ii) impose a minimum penalty of 24 hours | 3 | | imprisonment for respondent's
first violation of any | 4 | | protective order; and
| 5 | | (iii) impose a minimum penalty of 48 hours | 6 | | imprisonment for
respondent's second or subsequent | 7 | | violation of a protective order | 8 | | unless the court explicitly finds that an increased penalty | 9 | | or that
period of imprisonment would be manifestly unjust.
| 10 | | (4) In addition to any other penalties imposed for a | 11 | | violation of a protective order, a criminal court may | 12 | | consider evidence of any
violations of a protective order:
| 13 | | (i) to increase, revoke , or modify the bail bond on | 14 | | an underlying
criminal charge pursuant to Section | 15 | | 110-6 of this Code ;
| 16 | | (ii) to revoke or modify an order of probation, | 17 | | conditional discharge , or
supervision, pursuant to | 18 | | Section 5-6-4 of the Unified Code of Corrections;
| 19 | | (iii) to revoke or modify a sentence of periodic | 20 | | imprisonment, pursuant
to Section 5-7-2 of the Unified | 21 | | Code of Corrections.
| 22 | | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18 .)
| 23 | | (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
| 24 | | Sec. 112A-24. Modification, re-opening, and extension of | 25 | | orders.
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| 1 | | (a) Except as
otherwise provided in this Section, upon | 2 | | motion by petitioner , petitioner's counsel, or the State's | 3 | | Attorney on behalf of the petitioner, the court
may modify a | 4 | | protective order:
| 5 | | (1) If respondent has abused petitioner since the | 6 | | hearing for that
order, by adding or altering one or more | 7 | | remedies, as authorized by
Section 112A-14, 112A-14.5, or | 8 | | 112A-14.7 of this Code Article ; and
| 9 | | (2) Otherwise, by adding any remedy authorized by | 10 | | Section 112A-14, 112A-14.5, or 112A-14.7 which
was:
| 11 | | (i) reserved in that protective order;
| 12 | | (ii) not requested for inclusion in that | 13 | | protective order; or
| 14 | | (iii) denied on procedural grounds, but not on the | 15 | | merits.
| 16 | | (a-5) A petitioner , petitioner's counsel, or the State's | 17 | | Attorney on the petitioner's behalf may file a motion to vacate | 18 | | or modify a final permanent stalking no contact order 2 years | 19 | | or more after the expiration of the defendant's sentence . The | 20 | | motion shall be served in accordance with Supreme Court Rules | 21 | | 11 and 12. | 22 | | (b) Upon motion by the petitioner, petitioner's counsel, | 23 | | State's Attorney, or respondent, the court may modify any
prior | 24 | | domestic violence order of protection's remedy for custody,
| 25 | | visitation or payment of
support in accordance with the | 26 | | relevant provisions of the Illinois Marriage
and Dissolution of |
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| 1 | | Marriage Act.
| 2 | | (c) After 30 days following the entry of a protective | 3 | | order, a court may modify that order only when changes in the
| 4 | | applicable law or facts since that final plenary order was | 5 | | entered warrant a
modification of its terms.
| 6 | | (d) (Blank).
| 7 | | (e) (Blank).
| 8 | | (f) (Blank).
| 9 | | (g) This Section does not limit the means, otherwise | 10 | | available by law, for vacating or modifying protective orders. | 11 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 12 | | (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| 13 | | Sec. 112A-26. Arrest without warrant.
| 14 | | (a) Any law enforcement officer may
make an arrest without
| 15 | | warrant if the officer has probable cause to believe that the | 16 | | person has
committed or is committing any crime, including but | 17 | | not limited to
violation of a domestic violence an order of | 18 | | protection, under Section 12-3.4 or 12-30 of the Criminal
Code | 19 | | of 1961 or the Criminal Code of 2012, violation of a civil no | 20 | | contact order, under Section 11-1.75 of the Criminal Code of | 21 | | 2012, or violation of a stalking no contact order, under | 22 | | Section 12-7.5A of the Criminal Code of 2012, even if the crime | 23 | | was not committed in the presence of the
officer.
| 24 | | (b) The law enforcement officer may verify the existence of | 25 | | a protective order by telephone or radio communication with his |
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| 1 | | or her law enforcement
agency or by referring to the copy of | 2 | | the order provided by petitioner
or respondent.
| 3 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 4 | | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| 5 | | Sec. 112A-28. Data maintenance by law enforcement | 6 | | agencies.
| 7 | | (a) All sheriffs shall furnish to the Department of State | 8 | | Police, daily, in
the form and detail the Department requires, | 9 | | copies of any recorded protective orders issued by the court, | 10 | | and any foreign protective orders of protection filed by
the | 11 | | clerk of the court, and transmitted to the sheriff by the clerk | 12 | | of the
court. Each protective order shall be entered in the Law | 13 | | Enforcement Agencies
Data System on the same day it is issued | 14 | | by the court.
| 15 | | (b) The Department of State Police shall maintain a | 16 | | complete and systematic
record and index of all valid and | 17 | | recorded protective orders issued or
filed under this Act. The | 18 | | data shall be used to inform all dispatchers
and law | 19 | | enforcement officers at the scene of an alleged incident of | 20 | | abuse or
violation of a protective order of any recorded prior | 21 | | incident of abuse
involving the abused party and the effective | 22 | | dates and terms of any recorded
protective order.
| 23 | | (c) The data, records and transmittals required under this | 24 | | Section shall
pertain to: | 25 | | (1) any valid emergency, interim or plenary domestic |
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| 1 | | violence order of protection, civil no contact or stalking | 2 | | no contact order
issued in a civil proceeding; and | 3 | | (2) any valid ex parte or final protective order issued | 4 | | in a criminal proceeding or authorized under the laws
of | 5 | | another state, tribe, or United States territory.
| 6 | | (Source: P.A. 100-199, eff. 1-1-18 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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