Full Text of HB0617 94th General Assembly
HB0617enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning civil liabilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Civil No Contact Order Act is amended by | 5 |
| changing Sections 213, 214, and 216 as follows:
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| (740 ILCS 22/213)
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| Sec. 213. Civil no contact order; remedies
remedy .
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| (a) If the court finds that the petitioner has been a | 9 |
| victim of
non-consensual sexual conduct or non-consensual | 10 |
| sexual penetration, a civil no
contact order shall issue; | 11 |
| provided that the petitioner must also satisfy the
requirements | 12 |
| of Section
214 on emergency orders or Section 215 on plenary | 13 |
| orders. The petitioner
shall not be denied a civil no contact | 14 |
| order because the petitioner or the
respondent is a minor. The | 15 |
| court, when
determining whether or not to issue a civil no | 16 |
| contact order, may not
require physical injury on the person of | 17 |
| the victim.
Modification and extension of prior civil no | 18 |
| contact orders shall be in
accordance with this Act.
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| (b) A civil no contact order shall order
one or more of the | 20 |
| following:
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| (1) order the respondent to stay away from the | 22 |
| petitioner; or
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| (2) other injunctive relief necessary or appropriate.
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| (c) Denial of a remedy may not be based, in whole or in | 25 |
| part, on
evidence that:
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| (1) the respondent has cause for any use of force, | 27 |
| unless that
cause satisfies the standards for justifiable | 28 |
| use of force provided
by Article VII of the Criminal Code | 29 |
| of 1961;
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| (2) the respondent was voluntarily intoxicated;
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| (3) the petitioner acted in self-defense or defense of | 32 |
| another,
provided that, if the petitioner utilized force, |
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| such force was
justifiable under Article VII of the | 2 |
| Criminal Code of 1961;
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| (4) the petitioner did not act in self-defense or | 4 |
| defense of
another;
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| (5) the petitioner left the residence or household to | 6 |
| avoid
further non-consensual sexual conduct or | 7 |
| non-consensual sexual penetration
by the respondent; or
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| (6) the petitioner did not leave the residence or | 9 |
| household to
avoid further non-consensual sexual conduct | 10 |
| or non-consensual sexual
penetration by the respondent.
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| (d) Monetary damages are not recoverable as a remedy.
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| (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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| (740 ILCS 22/214)
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| Sec. 214. Emergency civil no contact order.
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| (a) An emergency civil no contact order shall issue if
the | 16 |
| petitioner satisfies the requirements of this subsection (a). | 17 |
| The
petitioner
shall establish that:
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| (1) the court has jurisdiction under Section 206;
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| (2) the requirements of Section 213 are satisfied; and
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| (3) there is good cause to grant the remedy, regardless | 21 |
| of
prior service of process or of notice upon the | 22 |
| respondent, because
the harm which that remedy is intended | 23 |
| to
prevent would be likely to occur if the respondent were | 24 |
| given
any prior notice, or greater notice than was actually | 25 |
| given, of
the petitioner's efforts to obtain judicial | 26 |
| relief.
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| An emergency civil no contact order shall be issued by the | 28 |
| court if it appears from the contents of the petition and the | 29 |
| examination of the petitioner that the averments are sufficient | 30 |
| to indicate nonconsensual sexual conduct or nonconsensual | 31 |
| sexual penetration by the respondent and to support the | 32 |
| granting of relief under the issuance of the civil no contact | 33 |
| order.
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| An emergency civil no contact order shall be issued if the | 35 |
| court finds that subsections (1), (2), and (3) above are met.
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| (b) If the respondent appears in court for
this hearing for | 2 |
| an emergency order, he or she may elect to file a
general | 3 |
| appearance and testify. Any resulting order may be an emergency
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| order, governed by this Section. Notwithstanding the | 5 |
| requirements of
this Section, if all requirements of Section | 6 |
| 215 have been met, the
court may issue a plenary order.
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| (c) Emergency orders; court holidays and evenings.
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| (1) When the court is unavailable at the close
of | 9 |
| business, the petitioner may file a petition for a 21-day
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| emergency order before any available circuit judge or | 11 |
| associate
judge who may grant relief under this Act. If the | 12 |
| judge finds that
there is an immediate and present danger | 13 |
| of
abuse against the petitioner and
that the petitioner has | 14 |
| satisfied the prerequisites set forth in
subsection (a), | 15 |
| that judge may issue an emergency
civil no contact order.
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| (2) The chief judge of the circuit court
may designate | 17 |
| for each county in the circuit at least one judge to
be | 18 |
| reasonably available to issue orally, by telephone, by | 19 |
| facsimile,
or otherwise, an emergency civil no contact | 20 |
| order at all times, whether
or not the court is in session.
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| (3) Any order issued under this
Section and any | 22 |
| documentation in support of the order shall be certified
on | 23 |
| the next court day to the appropriate court. The clerk of | 24 |
| that
court shall immediately assign a case number, file the | 25 |
| petition,
order, and other documents with the court, and | 26 |
| enter the order of
record and file it with the sheriff for | 27 |
| service, in accordance with
Section 222. Filing the | 28 |
| petition shall commence proceedings for
further relief | 29 |
| under Section 202. Failure to comply with the
requirements | 30 |
| of this paragraph (3) does not affect the validity of the
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| order.
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| (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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| (740 ILCS 22/216)
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| Sec. 216. Duration and extension of orders.
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| (a) Unless re-opened or
extended or voided by entry of an |
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| order of greater duration, an emergency
order shall be | 2 |
| effective for not less than 14 nor more than 21 days.
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| (b) Except as otherwise provided in
this Section, a plenary | 4 |
| civil no contact order shall be effective for a fixed
period of | 5 |
| time, not to exceed 2 years. A plenary civil no contact order
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| entered in conjunction with a criminal prosecution shall remain | 7 |
| in effect as
follows:
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| (1) if entered during pre-trial release, until | 9 |
| disposition, withdrawal,
or
dismissal of the underlying | 10 |
| charge; if however, the case is continued as an
independent | 11 |
| cause of action, the order's duration may be for a fixed | 12 |
| period of
time not to exceed 2 years;
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| (2) if in effect in conjunction with a bond forfeiture | 14 |
| warrant, until
final disposition or an additional period of | 15 |
| time not exceeding 2 years; no
civil no contact order
order | 16 |
| of protection , however, shall be terminated by a dismissal | 17 |
| that is
accompanied by the issuance of a bond forfeiture | 18 |
| warrant;
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| (3) until expiration of any supervision, conditional | 20 |
| discharge,
probation, periodic imprisonment, parole, or | 21 |
| mandatory supervised release and
for an additional period | 22 |
| of time thereafter not exceeding 2 years; or
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| (4) until the date set by the court for expiration of | 24 |
| any sentence of
imprisonment and subsequent parole or | 25 |
| mandatory supervised release and for an
additional period | 26 |
| of time thereafter not exceeding 2 years.
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| (c) Any emergency or plenary order
may be extended one or | 28 |
| more times, as required, provided that the
requirements of | 29 |
| Section 214 or 215, as appropriate, are satisfied.
If the | 30 |
| motion for extension is uncontested and the petitioner seeks no
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| modification of the order, the order may be extended on the | 32 |
| basis of
the petitioner's motion or affidavit stating that | 33 |
| there has been no material
change in relevant circumstances | 34 |
| since entry of the order and stating
the reason for the | 35 |
| requested extension. Extensions may be granted only
in open | 36 |
| court and not under the provisions of subsection (c) of Section
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| 214, which applies only when the court is unavailable at the | 2 |
| close of
business or on a court holiday.
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| (d) Any civil no contact order which would expire
on a | 4 |
| court holiday shall instead expire at the close of the next | 5 |
| court
business day.
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| (e) The practice of dismissing or suspending
a criminal | 7 |
| prosecution in exchange for the issuance of a civil no contact
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| order undermines the purposes of this Act. This Section shall | 9 |
| not
be construed as encouraging that practice.
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| (Source: P.A. 93-236, eff. 1-1-04.)
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