Full Text of SB3157 102nd General Assembly
SB3157enr 102ND GENERAL ASSEMBLY |
| | SB3157 Enrolled | | LRB102 20296 LNS 29148 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Sections 20 and 95 as follows: | 6 | | (740 ILCS 21/20) | 7 | | Sec. 20. Commencement of action; filing fees. | 8 | | (a) An action for a stalking no contact order is | 9 | | commenced: | 10 | | (1) independently, by filing a petition for a stalking | 11 | | no contact order in any civil court, unless specific | 12 | | courts are designated by local rule or order; or | 13 | | (2) in conjunction with a delinquency petition or a | 14 | | criminal prosecution as provided in Article 112A of the | 15 | | Code of Criminal Procedure of 1963. | 16 | | (a-5) When a petition for an emergency stalking no contact | 17 | | order is filed, the petition and file shall not be public and | 18 | | shall only be accessible to the court, law enforcement, | 19 | | petitioner, victim advocate, counsel of record for either | 20 | | party, and the State's Attorney for the county shall not be | 21 | | publicly available until the petition is served on the | 22 | | respondent. | 23 | | (b) Withdrawal or dismissal of any petition for a stalking |
| | | SB3157 Enrolled | - 2 - | LRB102 20296 LNS 29148 b |
|
| 1 | | no contact order prior to adjudication where the petitioner is | 2 | | represented by the State shall operate as a dismissal without | 3 | | prejudice. No action for a stalking no contact order shall be | 4 | | dismissed because the respondent is being prosecuted for a | 5 | | crime against the petitioner. For any action commenced under | 6 | | item (2) of subsection (a) of this Section, dismissal of the | 7 | | conjoined case (or a finding of not guilty) shall not require | 8 | | dismissal of the action for a stalking no contact order; | 9 | | instead, it may be treated as an independent action and, if | 10 | | necessary and appropriate, transferred to a different court or | 11 | | division. | 12 | | (c) No fee shall be charged by the clerk of the court for | 13 | | filing petitions or modifying or certifying orders. No fee | 14 | | shall be charged by the sheriff for service by the sheriff of a | 15 | | petition, rule, motion, or order in an action commenced under | 16 | | this Section. | 17 | | (d) The court shall provide, through the office of the | 18 | | clerk of the court, simplified forms for filing of a petition | 19 | | under this Section by any person not represented by counsel.
| 20 | | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .) | 21 | | (740 ILCS 21/95) | 22 | | Sec. 95. Emergency stalking no contact order. | 23 | | (a) An emergency stalking no contact order shall issue if | 24 | | the petitioner satisfies the requirements of this subsection | 25 | | (a). The petitioner shall establish that: |
| | | SB3157 Enrolled | - 3 - | LRB102 20296 LNS 29148 b |
|
| 1 | | (1) the court has jurisdiction under Section 50; | 2 | | (2) the requirements of Section 80 are satisfied; and | 3 | | (3) there is good cause to grant the remedy, | 4 | | regardless of prior service of process or of notice upon | 5 | | the respondent, because the harm which that remedy is | 6 | | intended to prevent would be likely to occur if the | 7 | | respondent were given any prior notice, or greater notice | 8 | | than was actually given, of the petitioner's efforts to | 9 | | obtain judicial relief. | 10 | | An emergency stalking no contact order shall be issued by | 11 | | the court if it appears from the contents of the petition and | 12 | | the examination of the petitioner that the averments are | 13 | | sufficient to indicate stalking by the respondent and to | 14 | | support the granting of relief under the issuance of the | 15 | | stalking no contact order. | 16 | | An emergency stalking no contact order shall be issued if | 17 | | the court finds that items (1), (2), and (3) of this subsection | 18 | | (a) are met. | 19 | | (a-5) When a petition for an emergency stalking no contact | 20 | | order is granted, the petition, order , and file shall not be | 21 | | public and shall only be accessible to the court, law | 22 | | enforcement, petitioner, victim advocate, counsel of record | 23 | | for either party, and the State's Attorney for the county | 24 | | shall not be publicly available until the order is served on | 25 | | the respondent. | 26 | | (b) If the respondent appears in court for this hearing |
| | | SB3157 Enrolled | - 4 - | LRB102 20296 LNS 29148 b |
|
| 1 | | for an emergency order, he or she may elect to file a general | 2 | | appearance and testify. Any resulting order may be an | 3 | | emergency order, governed by this Section. Notwithstanding the | 4 | | requirements of this Section, if all requirements of Section | 5 | | 100 have been met, the court may issue a plenary order. | 6 | | (c) Emergency orders; court holidays and evenings. | 7 | | (1) When the court is unavailable at the close of | 8 | | business, the petitioner may file a petition for a 21-day | 9 | | emergency order before any available circuit judge or | 10 | | associate judge who may grant relief under this Act. If | 11 | | the judge finds that there is an immediate and present | 12 | | danger of abuse against the petitioner and that the | 13 | | petitioner has satisfied the prerequisites set forth in | 14 | | subsection (a), that judge may issue an emergency stalking | 15 | | no contact order. | 16 | | (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 stalking no contact | 20 | | order at all times, whether or not the court is in session. | 21 | | (3) Any order issued under this Section and any | 22 | | documentation in support of the order shall be certified | 23 | | on the next court day to the appropriate court. The clerk | 24 | | of that court shall immediately assign a case number, file | 25 | | the petition, order, and other documents with the court, | 26 | | and enter the order of record and file it with the sheriff |
| | | SB3157 Enrolled | - 5 - | LRB102 20296 LNS 29148 b |
|
| 1 | | for service, in accordance with Section 60. Filing the | 2 | | petition shall commence proceedings for further relief | 3 | | under Section 20. Failure to comply with the requirements | 4 | | of this paragraph (3) does not affect the validity of the | 5 | | order.
| 6 | | (Source: P.A. 101-255, eff. 1-1-20 .) | 7 | | Section 10. The Civil No Contact Order Act is amended by | 8 | | changing Sections 202, 213, and 214 as follows:
| 9 | | (740 ILCS 22/202)
| 10 | | Sec. 202. Commencement of action; filing fees.
| 11 | | (a) An action for a civil no contact order is commenced:
| 12 | | (1) independently, by filing a petition for a civil no | 13 | | contact order in any civil court,
unless specific courts | 14 | | are designated by local rule or order; or
| 15 | | (2) in conjunction with a
delinquency
petition or a | 16 | | criminal prosecution as provided in Article 112A of the | 17 | | Code of Criminal Procedure of 1963.
| 18 | | (a-5) When a petition for an emergency a civil no contact | 19 | | order is filed, the petition and file shall not be public and | 20 | | shall only be accessible to the court, law enforcement, | 21 | | petitioner, rape crisis advocate, counsel of record for either | 22 | | party, and the State's Attorney for the county shall not be | 23 | | publicly available until the petition is served on the | 24 | | respondent. |
| | | SB3157 Enrolled | - 6 - | LRB102 20296 LNS 29148 b |
|
| 1 | | (b) Withdrawal or dismissal of any petition for a
civil no | 2 | | contact order
prior to adjudication where the petitioner is | 3 | | represented by the State shall
operate as a dismissal without | 4 | | prejudice. No action for a civil no contact
order shall be | 5 | | dismissed because the respondent is being prosecuted for a | 6 | | crime
against the petitioner. For any action commenced under | 7 | | item (2) of subsection
(a) of
this Section, dismissal of the | 8 | | conjoined case (or a finding of not guilty)
shall not require | 9 | | dismissal of the action for a civil no contact order;
instead, | 10 | | it may be treated as an independent action and, if necessary | 11 | | and
appropriate, transferred to a different court or division.
| 12 | | (c) No fee shall be
charged by the clerk of the court for | 13 | | filing petitions or modifying or
certifying orders. No
fee
| 14 | | shall be charged by the sheriff for service by the sheriff of a
| 15 | | petition, rule, motion, or order in an action commenced under | 16 | | this
Section.
| 17 | | (d) The court shall provide, through the office
of the | 18 | | clerk of the court, simplified forms for filing of a petition | 19 | | under this Section by any
person not represented by counsel.
| 20 | | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .)
| 21 | | (740 ILCS 22/213)
| 22 | | (Text of Section before amendment by P.A. 102-220 )
| 23 | | Sec. 213. Civil no contact order; remedies.
| 24 | | (a) If the court finds that the petitioner has been a | 25 | | victim of
non-consensual sexual conduct or non-consensual |
| | | SB3157 Enrolled | - 7 - | LRB102 20296 LNS 29148 b |
|
| 1 | | sexual penetration, a civil no
contact order shall issue; | 2 | | provided that the petitioner must also satisfy the
| 3 | | requirements of Section
214 on emergency orders or Section 215 | 4 | | on plenary orders. The petitioner
shall not be denied a civil | 5 | | no contact order because the petitioner or the
respondent is a | 6 | | minor. The court, when
determining whether or not to issue a | 7 | | civil no contact order, may not
require physical injury on the | 8 | | person of the victim.
Modification and extension of prior | 9 | | civil no contact orders shall be in
accordance with this Act.
| 10 | | (a-5) (Blank). When a petition for a civil no contact | 11 | | order is granted, the order shall not be publicly available | 12 | | until the order is served on the respondent. | 13 | | (b) (Blank).
| 14 | | (b-5) The court may provide relief as follows: | 15 | | (1) prohibit the respondent from knowingly coming | 16 | | within, or knowingly remaining within, a specified | 17 | | distance from the petitioner; | 18 | | (2) restrain the respondent from having any contact, | 19 | | including nonphysical contact, with the petitioner | 20 | | directly, indirectly, or through third parties, regardless | 21 | | of whether those third parties know of the order; | 22 | | (3) prohibit the respondent from knowingly coming | 23 | | within, or knowingly remaining within, a specified | 24 | | distance from the petitioner's residence, school, day care | 25 | | or other specified location; | 26 | | (4) order the respondent to stay away from any |
| | | SB3157 Enrolled | - 8 - | LRB102 20296 LNS 29148 b |
|
| 1 | | property or animal owned, possessed, leased, kept, or held | 2 | | by the petitioner and forbid the respondent from taking, | 3 | | transferring, encumbering, concealing, harming, or | 4 | | otherwise disposing of the property or animal; and | 5 | | (5) order any other injunctive relief as necessary or | 6 | | appropriate for the protection of the petitioner. | 7 | | (b-6) When the petitioner and the respondent attend the | 8 | | same public or private elementary, middle, or high school, the | 9 | | court when issuing a civil no contact order and providing | 10 | | relief shall consider the severity of the act, any continuing | 11 | | physical danger or emotional distress to the petitioner, the | 12 | | educational rights guaranteed to the petitioner and respondent | 13 | | under federal and State law, the availability of a transfer of | 14 | | the respondent to another school, a change of placement or a | 15 | | change of program of the respondent, the expense, difficulty, | 16 | | and educational disruption that would be caused by a transfer | 17 | | of the respondent to another school, and any other relevant | 18 | | facts of the case. The court may order that the respondent not | 19 | | attend the public, private, or non-public elementary, middle, | 20 | | or high school attended by the petitioner, order that the | 21 | | respondent accept a change of placement or program, as | 22 | | determined by the school district or private or non-public | 23 | | school, or place restrictions on the respondent's movements | 24 | | within the school attended by the petitioner.
The respondent | 25 | | bears the burden of proving by a preponderance of the evidence | 26 | | that a transfer, change of placement, or change of program of |
| | | SB3157 Enrolled | - 9 - | LRB102 20296 LNS 29148 b |
|
| 1 | | the respondent is not available. The respondent also bears the | 2 | | burden of production with respect to the expense, difficulty, | 3 | | and educational disruption that would be caused by a transfer | 4 | | of the respondent to another school. A transfer, change of | 5 | | placement, or change of program is not unavailable to the | 6 | | respondent solely on the ground that the respondent does not | 7 | | agree with the school district's or private or non-public | 8 | | school's transfer, change of placement, or change of program | 9 | | or solely on the ground that the respondent fails or refuses to | 10 | | consent to or otherwise does not take an action required to | 11 | | effectuate a transfer, change of placement, or change of | 12 | | program.
When a court orders a respondent to stay away from the | 13 | | public, private, or non-public school attended by the | 14 | | petitioner and the respondent requests a transfer to another | 15 | | attendance center within the respondent's school district or | 16 | | private or non-public school, the school district or private | 17 | | or non-public school shall have sole discretion to determine | 18 | | the attendance center to which the respondent is transferred.
| 19 | | In the event the court order results in a transfer of the minor | 20 | | respondent to another attendance center, a change in the | 21 | | respondent's placement, or a change of the respondent's | 22 | | program, the parents, guardian, or legal custodian of the | 23 | | respondent is responsible for transportation and other costs | 24 | | associated with the transfer or change. | 25 | | (b-7) The court may order the parents, guardian, or legal | 26 | | custodian of a minor respondent to take certain actions or to |
| | | SB3157 Enrolled | - 10 - | LRB102 20296 LNS 29148 b |
|
| 1 | | refrain from taking certain actions to ensure that the | 2 | | respondent complies with the order. In the event the court | 3 | | orders a transfer of the respondent to another school, the | 4 | | parents or legal guardians of the respondent are responsible | 5 | | for transportation and other costs associated with the change | 6 | | of school by the respondent. | 7 | | (c) Denial of a remedy may not be based, in whole or in | 8 | | part, on
evidence that:
| 9 | | (1) the respondent has cause for any use of force, | 10 | | unless that
cause satisfies the standards for justifiable | 11 | | use of force provided
by Article 7 of the Criminal Code of | 12 | | 2012;
| 13 | | (2) the respondent was voluntarily intoxicated;
| 14 | | (3) the petitioner acted in self-defense or defense of | 15 | | another,
provided that, if the petitioner utilized force, | 16 | | such force was
justifiable under Article 7 of the Criminal | 17 | | Code of 2012;
| 18 | | (4) the petitioner did not act in self-defense or | 19 | | defense of
another;
| 20 | | (5) the petitioner left the residence or household to | 21 | | avoid
further non-consensual sexual conduct or | 22 | | non-consensual sexual penetration
by the respondent; or
| 23 | | (6) the petitioner did not leave the residence or | 24 | | household to
avoid further non-consensual sexual conduct | 25 | | or non-consensual sexual
penetration by the respondent.
| 26 | | (d) Monetary damages are not recoverable as a remedy.
|
| | | SB3157 Enrolled | - 11 - | LRB102 20296 LNS 29148 b |
|
| 1 | | (Source: P.A. 101-255, eff. 1-1-20 .)
| 2 | | (Text of Section after amendment by P.A. 102-220 )
| 3 | | Sec. 213. Civil no contact order; remedies.
| 4 | | (a) If the court finds that the petitioner has been a | 5 | | victim of
non-consensual sexual conduct or non-consensual | 6 | | sexual penetration, a civil no
contact order shall issue; | 7 | | provided that the petitioner must also satisfy the
| 8 | | requirements of Section
214 on emergency orders or Section 215 | 9 | | on plenary orders. The petitioner
shall not be denied a civil | 10 | | no contact order because the petitioner or the
respondent is a | 11 | | minor. The court, when
determining whether or not to issue a | 12 | | civil no contact order, may not
require physical injury on the | 13 | | person of the victim.
Modification and extension of prior | 14 | | civil no contact orders shall be in
accordance with this Act.
| 15 | | (a-5) (Blank). When a petition for a civil no contact | 16 | | order is granted, the order shall not be publicly available | 17 | | until the order is served on the respondent. | 18 | | (b) (Blank).
| 19 | | (b-5) The court may provide relief as follows: | 20 | | (1) prohibit the respondent from knowingly coming | 21 | | within, or knowingly remaining within, a specified | 22 | | distance from the petitioner; | 23 | | (2) restrain the respondent from having any contact, | 24 | | including nonphysical contact and electronic communication | 25 | | as defined in Section 26.5-0.1 of the Criminal Code of |
| | | SB3157 Enrolled | - 12 - | LRB102 20296 LNS 29148 b |
|
| 1 | | 2012, with the petitioner directly, indirectly, or through | 2 | | third parties, regardless of whether those third parties | 3 | | know of the order; | 4 | | (3) prohibit the respondent from knowingly coming | 5 | | within, or knowingly remaining within, a specified | 6 | | distance from the petitioner's residence, school, day care | 7 | | or other specified location; | 8 | | (4) order the respondent to stay away from any | 9 | | property or animal owned, possessed, leased, kept, or held | 10 | | by the petitioner and forbid the respondent from taking, | 11 | | transferring, encumbering, concealing, harming, or | 12 | | otherwise disposing of the property or animal; and | 13 | | (5) order any other injunctive relief as necessary or | 14 | | appropriate for the protection of the petitioner. | 15 | | (b-6) When the petitioner and the respondent attend the | 16 | | same public or private elementary, middle, or high school, the | 17 | | court when issuing a civil no contact order and providing | 18 | | relief shall consider the severity of the act, any continuing | 19 | | physical danger or emotional distress to the petitioner, the | 20 | | educational rights guaranteed to the petitioner and respondent | 21 | | under federal and State law, the availability of a transfer of | 22 | | the respondent to another school, a change of placement or a | 23 | | change of program of the respondent, the expense, difficulty, | 24 | | and educational disruption that would be caused by a transfer | 25 | | of the respondent to another school, and any other relevant | 26 | | facts of the case. The court may order that the respondent not |
| | | SB3157 Enrolled | - 13 - | LRB102 20296 LNS 29148 b |
|
| 1 | | attend the public, private, or non-public elementary, middle, | 2 | | or high school attended by the petitioner, order that the | 3 | | respondent accept a change of placement or program, as | 4 | | determined by the school district or private or non-public | 5 | | school, or place restrictions on the respondent's movements | 6 | | within the school attended by the petitioner.
The respondent | 7 | | bears the burden of proving by a preponderance of the evidence | 8 | | that a transfer, change of placement, or change of program of | 9 | | the respondent is not available. The respondent also bears the | 10 | | burden of production with respect to the expense, difficulty, | 11 | | and educational disruption that would be caused by a transfer | 12 | | of the respondent to another school. A transfer, change of | 13 | | placement, or change of program is not unavailable to the | 14 | | respondent solely on the ground that the respondent does not | 15 | | agree with the school district's or private or non-public | 16 | | school's transfer, change of placement, or change of program | 17 | | or solely on the ground that the respondent fails or refuses to | 18 | | consent to or otherwise does not take an action required to | 19 | | effectuate a transfer, change of placement, or change of | 20 | | program.
When a court orders a respondent to stay away from the | 21 | | public, private, or non-public school attended by the | 22 | | petitioner and the respondent requests a transfer to another | 23 | | attendance center within the respondent's school district or | 24 | | private or non-public school, the school district or private | 25 | | or non-public school shall have sole discretion to determine | 26 | | the attendance center to which the respondent is transferred.
|
| | | SB3157 Enrolled | - 14 - | LRB102 20296 LNS 29148 b |
|
| 1 | | In the event the court order results in a transfer of the minor | 2 | | respondent to another attendance center, a change in the | 3 | | respondent's placement, or a change of the respondent's | 4 | | program, the parents, guardian, or legal custodian of the | 5 | | respondent is responsible for transportation and other costs | 6 | | associated with the transfer or change. | 7 | | (b-7) The court may order the parents, guardian, or legal | 8 | | custodian of a minor respondent to take certain actions or to | 9 | | refrain from taking certain actions to ensure that the | 10 | | respondent complies with the order. In the event the court | 11 | | orders a transfer of the respondent to another school, the | 12 | | parents or legal guardians of the respondent are responsible | 13 | | for transportation and other costs associated with the change | 14 | | of school by the respondent. | 15 | | (c) Denial of a remedy may not be based, in whole or in | 16 | | part, on
evidence that:
| 17 | | (1) the respondent has cause for any use of force, | 18 | | unless that
cause satisfies the standards for justifiable | 19 | | use of force provided
by Article 7 of the Criminal Code of | 20 | | 2012;
| 21 | | (2) the respondent was voluntarily intoxicated;
| 22 | | (3) the petitioner acted in self-defense or defense of | 23 | | another,
provided that, if the petitioner utilized force, | 24 | | such force was
justifiable under Article 7 of the Criminal | 25 | | Code of 2012;
| 26 | | (4) the petitioner did not act in self-defense or |
| | | SB3157 Enrolled | - 15 - | LRB102 20296 LNS 29148 b |
|
| 1 | | defense of
another;
| 2 | | (5) the petitioner left the residence or household to | 3 | | avoid
further non-consensual sexual conduct or | 4 | | non-consensual sexual penetration
by the respondent; or
| 5 | | (6) the petitioner did not leave the residence or | 6 | | household to
avoid further non-consensual sexual conduct | 7 | | or non-consensual sexual
penetration by the respondent.
| 8 | | (d) Monetary damages are not recoverable as a remedy.
| 9 | | (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)
| 10 | | (740 ILCS 22/214)
| 11 | | Sec. 214. Emergency civil no contact order.
| 12 | | (a) An emergency civil no contact order shall issue if
the | 13 | | petitioner satisfies the requirements of this subsection (a). | 14 | | The
petitioner
shall establish that:
| 15 | | (1) the court has jurisdiction under Section 206;
| 16 | | (2) the requirements of Section 213 are satisfied; and
| 17 | | (3) there is good cause to grant the remedy, | 18 | | regardless of
prior service of process or of notice upon | 19 | | the respondent, because
the harm which that remedy is | 20 | | intended to
prevent would be likely to occur if the | 21 | | respondent were given
any prior notice, or greater notice | 22 | | than was actually given, of
the petitioner's efforts to | 23 | | obtain judicial relief.
| 24 | | An emergency civil no contact order shall be issued by the | 25 | | court if it appears from the contents of the petition and the |
| | | SB3157 Enrolled | - 16 - | LRB102 20296 LNS 29148 b |
|
| 1 | | examination of the petitioner that the averments are | 2 | | sufficient to indicate nonconsensual sexual conduct or | 3 | | nonconsensual sexual penetration by the respondent and to | 4 | | support the granting of relief under the issuance of the civil | 5 | | no contact order.
| 6 | | An emergency civil no contact order shall be issued if the | 7 | | court finds that subsections (1), (2), and (3) above are met.
| 8 | | (a-5) When a petition for a civil no contact order is | 9 | | granted, the petition, order, and file shall not be public and | 10 | | shall only be accessible to the court, law enforcement, | 11 | | petitioner, rape crisis advocate, counsel of record for either | 12 | | party, and the State's Attorney for the county until the | 13 | | petition is served on the respondent. | 14 | | (b) If the respondent appears in court for
this hearing | 15 | | for an emergency order, he or she may elect to file a
general | 16 | | appearance and testify. Any resulting order may be an | 17 | | emergency
order, governed by this Section. Notwithstanding the | 18 | | requirements of
this Section, if all requirements of Section | 19 | | 215 have been met, the
court may issue a plenary order.
| 20 | | (c) Emergency orders; court holidays and evenings.
| 21 | | (1) When the court is unavailable at the close
of | 22 | | business, the petitioner may file a petition for a 21-day
| 23 | | emergency order before any available circuit judge or | 24 | | associate
judge who may grant relief under this Act. If | 25 | | the judge finds that
there is an immediate and present | 26 | | danger of
abuse against the petitioner and
that the |
| | | SB3157 Enrolled | - 17 - | LRB102 20296 LNS 29148 b |
|
| 1 | | petitioner has satisfied the prerequisites set forth in
| 2 | | subsection (a), that judge may issue an emergency
civil no | 3 | | contact order.
| 4 | | (2) The chief judge of the circuit court
may designate | 5 | | for each county in the circuit at least one judge to
be | 6 | | reasonably available to issue orally, by telephone, by | 7 | | facsimile,
or otherwise, an emergency civil no contact | 8 | | order at all times, whether
or not the court is in session.
| 9 | | (3) Any order issued under this
Section and any | 10 | | documentation in support of the order shall be certified
| 11 | | on the next court day to the appropriate court. The clerk | 12 | | of that
court shall immediately assign a case number, file | 13 | | the petition,
order, and other documents with the court, | 14 | | and enter the order of
record and file it with the sheriff | 15 | | for service, in accordance with
Section 222. Filing the | 16 | | petition shall commence proceedings for
further relief | 17 | | under Section 202. Failure to comply with the
requirements | 18 | | of this paragraph (3) does not affect the validity of the
| 19 | | order.
| 20 | | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; | 21 | | 94-360, eff. 1-1-06.)
| 22 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 23 | | amended by changing Section 217 as follows:
| 24 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
|
| | | SB3157 Enrolled | - 18 - | LRB102 20296 LNS 29148 b |
|
| 1 | | Sec. 217. Emergency order of protection.
| 2 | | (a) Prerequisites. An emergency order of protection shall | 3 | | issue if
petitioner satisfies the requirements of this | 4 | | subsection for one or more of the
requested remedies. For each | 5 | | remedy requested, petitioner shall establish
that:
| 6 | | (1) The court has jurisdiction under Section 208;
| 7 | | (2) The requirements of Section 214 are satisfied; and
| 8 | | (3) There is good cause to grant the remedy, | 9 | | regardless of prior service
of process or of notice upon | 10 | | the respondent, because:
| 11 | | (i) For
the remedies of "prohibition of abuse" | 12 | | described in
Section 214(b)(1), "stay away order and | 13 | | additional prohibitions" described in
Section
| 14 | | 214(b)(3), "removal or concealment of minor child" | 15 | | described in Section
214(b)(8), "order to appear" | 16 | | described in Section 214(b)(9), "physical
care and | 17 | | possession of the minor child" described in Section | 18 | | 214(b)(5),
"protection of property" described in | 19 | | Section 214(b)(11), "prohibition
of entry" described | 20 | | in Section 214(b)(14), "prohibition of firearm | 21 | | possession" described in Section 214(b)(14.5), | 22 | | "prohibition of access to
records" described in | 23 | | Section 214(b)(15), and "injunctive relief"
described | 24 | | in Section 214(b)(16), the harm which that remedy
is | 25 | | intended to prevent would be likely to occur if the | 26 | | respondent were given
any prior notice, or greater |
| | | SB3157 Enrolled | - 19 - | LRB102 20296 LNS 29148 b |
|
| 1 | | notice than was actually given, of the
petitioner's | 2 | | efforts to obtain judicial relief;
| 3 | | (ii) For the remedy of "grant of exclusive | 4 | | possession of
residence" described in Section | 5 | | 214(b)(2), the immediate danger of further
abuse of | 6 | | petitioner by respondent,
if petitioner chooses or had | 7 | | chosen to remain in the residence or household
while | 8 | | respondent was given any prior notice or greater | 9 | | notice than was
actually given of petitioner's efforts | 10 | | to obtain judicial relief,
outweighs the hardships to | 11 | | respondent of an emergency order
granting petitioner | 12 | | exclusive possession of the residence or household.
| 13 | | This remedy shall not be denied because petitioner has | 14 | | or could obtain
temporary shelter elsewhere while | 15 | | prior notice is given to respondent, unless
the
| 16 | | hardships to respondent from exclusion from the home | 17 | | substantially outweigh
those to petitioner;
| 18 | | (iii) For the remedy of "possession of personal | 19 | | property"
described in
Section 214(b)(10), improper | 20 | | disposition of the personal
property would be likely
| 21 | | to occur if respondent were given any prior notice, or | 22 | | greater notice than
was actually given, of | 23 | | petitioner's efforts to obtain judicial relief, or
| 24 | | petitioner has an immediate and pressing need for | 25 | | possession of that property.
| 26 | | An emergency order may not include the counseling, legal |
| | | SB3157 Enrolled | - 20 - | LRB102 20296 LNS 29148 b |
|
| 1 | | custody, payment
of support or monetary compensation remedies.
| 2 | | (a-5) When a petition for an emergency order of protection | 3 | | is granted, the order and file shall not be public and shall | 4 | | only be accessible to the court, petitioner, law enforcement, | 5 | | domestic violence advocate or counselor, counsel of record for | 6 | | either party, and the State's Attorney for the county shall | 7 | | not be publicly available until the order is served on the | 8 | | respondent. | 9 | | (b) Appearance by respondent.
If respondent appears in | 10 | | court for this hearing for an emergency order,
he or she may | 11 | | elect to file a general appearance and testify.
Any resulting | 12 | | order may be an emergency order, governed
by this Section.
| 13 | | Notwithstanding the requirements of this Section, if all | 14 | | requirements of
Section 218 have been met, the court may issue | 15 | | a 30-day interim order.
| 16 | | (c) Emergency orders: court holidays and evenings.
| 17 | | (1) Prerequisites. When the court is unavailable at | 18 | | the close of
business, the petitioner may file a petition | 19 | | for a 21-day emergency order
before any available circuit | 20 | | judge or associate judge who may grant relief
under this | 21 | | Act. If the judge finds that there is an immediate and | 22 | | present
danger of abuse to petitioner and that petitioner | 23 | | has satisfied the
prerequisites set forth in subsection | 24 | | (a) of Section 217, that judge may
issue an emergency | 25 | | order of protection.
| 26 | | (1.5) Issuance of order. The chief judge of the |
| | | SB3157 Enrolled | - 21 - | LRB102 20296 LNS 29148 b |
|
| 1 | | circuit court
may designate for each county in the circuit | 2 | | at least one judge to be
reasonably available to
issue | 3 | | orally, by telephone, by facsimile, or otherwise, an | 4 | | emergency
order of protection at all times, whether or not | 5 | | the court is in session.
| 6 | | (2) Certification and transfer. The judge who issued | 7 | | the order under this Section shall promptly communicate or | 8 | | convey the order to the sheriff to facilitate the entry of | 9 | | the order into the Law Enforcement Agencies Data System by | 10 | | the Department of State Police pursuant to Section 302. | 11 | | Any order issued under this Section and
any documentation | 12 | | in support thereof shall be certified on the next court
| 13 | | day to the appropriate court. The clerk of that court | 14 | | shall immediately
assign a case number, file the petition, | 15 | | order and other documents with the
court, and enter the | 16 | | order of record and file it with the sheriff for
service, | 17 | | in accordance with Section 222. Filing the petition
shall | 18 | | commence proceedings for further relief under Section 202.
| 19 | | Failure to comply with the requirements of this subsection | 20 | | shall not
affect the validity of the order.
| 21 | | (Source: P.A. 101-255, eff. 1-1-20 .)
| 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
| | | SB3157 Enrolled | - 22 - | LRB102 20296 LNS 29148 b |
|
| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
|
|