Full Text of HB4455 101st General Assembly
HB4455 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4455 Introduced 2/3/2020, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
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750 ILCS 60/202 | from Ch. 40, par. 2312-2 |
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Amends the Illinois Domestic Violence Act of 1986. Requires all counties in the State, within 18 months of the effective date of the Act, to allow a petition for an order of protection to be filed electronically.
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| | A BILL FOR |
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| 1 | | AN ACT concerning domestic violence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 202 as follows:
| 6 | | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| 7 | | Sec. 202. Commencement of action; filing fees; dismissal.
| 8 | | (a) How to commence action. Actions for orders of | 9 | | protection are commenced:
| 10 | | (1) Independently: By filing a petition for an order of | 11 | | protection in
any civil court, unless specific courts are | 12 | | designated by local rule or order.
| 13 | | (2) In conjunction with another civil proceeding: By
| 14 | | filing a petition for an order of protection under the same | 15 | | case number
as another civil proceeding involving the | 16 | | parties, including but not
limited to: (i) any proceeding | 17 | | under the Illinois Marriage and Dissolution of
Marriage | 18 | | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | 19 | | and
Children Act, Revised Uniform Reciprocal Enforcement | 20 | | of Support Act or an
action for nonsupport brought under | 21 | | Article X of the
Illinois Public Aid
Code, provided that a | 22 | | petitioner and
the respondent are a party to or the subject | 23 | | of that proceeding or (ii) a
guardianship proceeding under |
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| 1 | | the Probate Act of
1975, or a proceeding for involuntary
| 2 | | commitment under the Mental Health and Developmental | 3 | | Disabilities Code, or
any proceeding, other than a | 4 | | delinquency petition, under the Juvenile Court
Act of 1987, | 5 | | provided that a petitioner or the
respondent is a party to | 6 | | or the subject of such proceeding.
| 7 | | (3) In conjunction with a delinquency petition or a
| 8 | | criminal prosecution as provided in Section 112A-20 of the | 9 | | Code of Criminal Procedure of 1963.
| 10 | | (a-5) When a petition for an emergency order of protection | 11 | | is filed, the petition shall not be publicly available until | 12 | | the petition is served on the respondent. | 13 | | (a-10) A petition filed under this Section may be filed in | 14 | | person or online as prescribed by subsection (e). | 15 | | (b) Filing, certification, and service fees. No fee shall | 16 | | be charged
by the clerk for filing, amending, vacating, | 17 | | certifying, or photocopying
petitions or orders; or for issuing | 18 | | alias summons; or for any
related filing service. No
fee shall | 19 | | be charged by the sheriff for service by the sheriff of a
| 20 | | petition,
rule, motion, or order in an action commenced under | 21 | | this Section.
| 22 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 23 | | of any
petition for an order of protection prior to | 24 | | adjudication where the
petitioner is represented by the State | 25 | | shall operate as a dismissal without
prejudice. No action for | 26 | | an order of protection shall be dismissed because
the |
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| 1 | | respondent is being prosecuted for a crime against the | 2 | | petitioner. An
independent action may be consolidated with | 3 | | another civil proceeding, as
provided by paragraph (2) of | 4 | | subsection (a) of this Section. For any
action commenced under | 5 | | paragraph (2) or (3) of subsection (a) of this Section,
| 6 | | dismissal of the conjoined case (or a finding of not guilty) | 7 | | shall not
require dismissal of the action
for the order of | 8 | | protection; instead, it may be treated as an
independent action | 9 | | and, if necessary and appropriate, transferred to a
different | 10 | | court or division. Dismissal of any conjoined case shall not | 11 | | affect
the
validity of any previously issued order of | 12 | | protection, and thereafter
subsections (b)(1) and (b)(2) of | 13 | | Section 220 shall be inapplicable to
such order.
| 14 | | (d) Pro se petitions. The court shall provide, through the | 15 | | office of
the clerk of the court, simplified forms and clerical | 16 | | assistance to help
with the writing and filing of a petition | 17 | | under this Section by any person
not represented by counsel. In | 18 | | addition, that assistance may be provided
by the state's | 19 | | attorney.
| 20 | | (e)
As provided in this subsection, the administrative | 21 | | director of the Administrative Office of the Illinois Courts, | 22 | | with the approval of the administrative board of the courts, | 23 | | shall may adopt rules to establish and implement a pilot | 24 | | program to allow the electronic filing of petitions for | 25 | | temporary orders of protection under this Act and the issuance | 26 | | of such orders by audio-visual means to accommodate litigants |
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| 1 | | for whom attendance in court to file for and obtain emergency | 2 | | relief would constitute an undue hardship or would constitute a | 3 | | risk of harm to the litigant. All counties in this State shall | 4 | | comply with this Section within 18 months of the effective date | 5 | | of this amendatory Act of the 101st General Assembly. | 6 | | (1) As used in this subsection: | 7 | | (A) "Electronic means" means any method of | 8 | | transmission of information between computers or other | 9 | | machines designed for the purpose of sending or | 10 | | receiving electronic transmission and that allows for | 11 | | the recipient of information to reproduce the | 12 | | information received in a tangible medium of | 13 | | expression. | 14 | | (B) "Independent audio-visual system" means an | 15 | | electronic system for the transmission and receiving | 16 | | of audio and visual signals, including those with the | 17 | | means to preclude the unauthorized reception and | 18 | | decoding of the signals by commercially available | 19 | | television receivers, channel converters, or other | 20 | | available receiving devices. | 21 | | (C) "Electronic appearance" means an appearance in | 22 | | which one or more of the parties are not present in the | 23 | | court, but in which, by means of an independent | 24 | | audio-visual system, all of the participants are | 25 | | simultaneously able to see and hear reproductions of | 26 | | the voices and images of the judge, counsel, parties, |
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| 1 | | witnesses, and any other participants. | 2 | | (2) Any pilot program under this subsection (e) shall | 3 | | be developed by the administrative director or his or her | 4 | | delegate in consultation with at least one local | 5 | | organization providing assistance to domestic violence | 6 | | victims. The program plan shall include but not be limited | 7 | | to: | 8 | | (A) identification of agencies equipped with or | 9 | | that have access to an independent audio-visual system | 10 | | and electronic means for filing documents; and | 11 | | (B) identification of one or more organizations | 12 | | who are trained and available to assist petitioners in | 13 | | preparing and filing petitions for temporary orders of | 14 | | protection and in their electronic appearances before | 15 | | the court to obtain such orders; and | 16 | | (C) identification of the existing resources | 17 | | available in local family courts for the | 18 | | implementation and oversight of the pilot program; and | 19 | | (D) procedures for filing petitions and documents | 20 | | by electronic means, swearing in the petitioners and | 21 | | witnesses, preparation of a transcript of testimony | 22 | | and evidence presented, and a prompt transmission of | 23 | | any orders issued to the parties; and | 24 | | (E) a timeline for implementation and a plan for | 25 | | informing the public about the availability of the | 26 | | program; and |
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| 1 | | (F) a description of the data to be collected in | 2 | | order to evaluate and make recommendations for | 3 | | improvements to the pilot program. | 4 | | (3) In conjunction with an electronic appearance, any | 5 | | petitioner for an ex parte temporary order of protection | 6 | | may, using the assistance of a trained advocate if | 7 | | necessary, commence the proceedings by filing a petition by | 8 | | electronic means. | 9 | | (A) A petitioner who is seeking an ex parte | 10 | | temporary order of protection using an electronic | 11 | | appearance must file a petition in advance of the | 12 | | appearance and may do so electronically. | 13 | | (B) The petitioner must show that traveling to or | 14 | | appearing in court would constitute an undue hardship | 15 | | or create a risk of harm to the petitioner. In granting | 16 | | or denying any relief sought by the petitioner, the | 17 | | court shall state the names of all participants and | 18 | | whether it is granting or denying an appearance by | 19 | | electronic means and the basis for such a | 20 | | determination. A party is not required to file a | 21 | | petition or other document by electronic means or to | 22 | | testify by means of an electronic appearance. | 23 | | (C) Nothing in this subsection (e) affects or | 24 | | changes any existing laws governing the service of | 25 | | process, including requirements for personal service | 26 | | or the sealing and confidentiality of court records in |
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| 1 | | court proceedings or access to court records by the | 2 | | parties to the proceedings. | 3 | | (4) Appearances. | 4 | | (A) All electronic appearances by a petitioner | 5 | | seeking an ex parte temporary order of protection under | 6 | | this subsection (e) are strictly voluntary and the | 7 | | court shall obtain the consent of the petitioner on the | 8 | | record at the commencement of each appearance. | 9 | | (B) Electronic appearances under this subsection | 10 | | (e) shall be recorded and preserved for transcription. | 11 | | Documentary evidence, if any, referred to by a party or | 12 | | witness or the court may be transmitted and submitted | 13 | | and introduced by electronic means. | 14 | | (Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17; | 15 | | 101-255, eff. 1-1-20 .)
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