Illinois General Assembly - Full Text of SB3667
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Full Text of SB3667  102nd General Assembly

SB3667enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3667 EnrolledLRB102 25713 LNS 35021 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-5.5 as follows:
 
6    (725 ILCS 5/112A-5.5)
7    Sec. 112A-5.5. Time for filing petition; service on
8respondent, hearing on petition, and default orders.
9    (a) A petition for a protective order may be filed at any
10time, in-person or online, after a criminal charge or
11delinquency petition is filed and before the charge or
12delinquency petition is dismissed, the defendant or juvenile
13is acquitted, or the defendant or juvenile completes service
14of his or her sentence.
15    (b) The request for an ex parte protective order may be
16considered without notice to the respondent under Section
17112A-17.5 of this Code.
18    (c) A summons shall be issued and served for a protective
19order. The summons may be served by delivery to the respondent
20personally in open court in the criminal or juvenile
21delinquency proceeding, in the form prescribed by subsection
22(d) of Supreme Court Rule 101, except that it shall require
23respondent to answer or appear within 7 days. Attachments to

 

 

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1the summons shall include the petition for protective order,
2supporting affidavits, if any, and any ex parte protective
3order that has been issued.
4    (d) The summons shall be served by the sheriff or other law
5enforcement officer at the earliest time available and shall
6take precedence over any other summons, except those of a
7similar emergency nature. Attachments to the summons shall
8include the petition for protective order, supporting
9affidavits, if any, and any ex parte protective order that has
10been issued. Special process servers may be appointed at any
11time and their designation shall not affect the
12responsibilities and authority of the sheriff or other
13official process servers. In a county with a population over
143,000,000, a special process server may not be appointed if
15the protective order grants the surrender of a child, the
16surrender of a firearm or Firearm Owner's Identification Card,
17or the exclusive possession of a shared residence.
18    (e) If the respondent is not served within 30 days of the
19filing of the petition, the court shall schedule a court
20proceeding on the issue of service. Either the petitioner, the
21petitioner's counsel, or the State's Attorney shall appear and
22the court shall either order continued attempts at personal
23service or shall order service by publication, in accordance
24with Sections 2-203, 2-206, and 2-207 of the Code of Civil
25Procedure.
26    (f) The request for a final protective order can be

 

 

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1considered at any court proceeding in the delinquency or
2criminal case after service of the petition. If the petitioner
3has not been provided notice of the court proceeding at least
410 days in advance of the proceeding, the court shall schedule
5a hearing on the petition and provide notice to the
6petitioner.
7    (f-5) A court in a county with a population above 250,000
8shall offer the option of a remote hearing to a petitioner for
9a protective order. The court has the discretion to grant or
10deny the request for a remote hearing. Each court shall
11determine the procedure for a remote hearing. The petitioner
12and respondent may appear remotely or in-person.
13    The court shall issue and publish a court order, standing
14order, or local rule detailing information about the process
15for requesting and participating in a remote court appearance.
16The court order, standing order, or local rule shall be
17published on the court's website and posted on signs
18throughout the courthouse, including in the clerk's office.
19The sign shall be written in plain language and include
20information about the availability of remote court appearances
21and the process for requesting a remote hearing.
22    (g) Default orders.
23        (1) A final domestic violence order of protection may
24    be entered by default:
25            (A) for any of the remedies sought in the
26        petition, if respondent has been served with documents

 

 

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1        under subsection (b) or (c) of this Section and if
2        respondent fails to appear on the specified return
3        date or any subsequent hearing date agreed to by the
4        petitioner and respondent or set by the court; or
5            (B) for any of the remedies provided under
6        paragraph (1), (2), (3), (5), (6), (7), (8), (9),
7        (10), (11), (14), (15), (17), or (18) of subsection
8        (b) of Section 112A-14 of this Code, or if the
9        respondent fails to answer or appear in accordance
10        with the date set in the publication notice or the
11        return date indicated on the service of a household
12        member.
13        (2) A final civil no contact order may be entered by
14    default for any of the remedies provided in Section
15    112A-14.5 of this Code, if respondent has been served with
16    documents under subsection (b) or (c) of this Section, and
17    if the respondent fails to answer or appear in accordance
18    with the date set in the publication notice or the return
19    date indicated on the service of a household member.
20        (3) A final stalking no contact order may be entered
21    by default for any of the remedies provided by Section
22    112A-14.7 of this Code, if respondent has been served with
23    documents under subsection (b) or (c) of this Section and
24    if the respondent fails to answer or appear in accordance
25    with the date set in the publication notice or the return
26    date indicated on the service of a household member.

 

 

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1(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
2    Section 10. The Stalking No Contact Order Act is amended
3by changing Sections 20 and 70 as follows:
 
4    (740 ILCS 21/20)
5    Sec. 20. Commencement of action; filing fees.
6    (a) An action for a stalking no contact order is
7commenced:
8        (1) independently, by filing a petition for a stalking
9    no contact order in any civil court, unless specific
10    courts are designated by local rule or order; or
11        (2) in conjunction with a delinquency petition or a
12    criminal prosecution as provided in Article 112A of the
13    Code of Criminal Procedure of 1963.
14    (a-1) A petition for a stalking no contact order may be
15filed in-person or online.
16    (a-5) When a petition for an emergency stalking no contact
17order is filed, the petition shall not be publicly available
18until the petition is served on the respondent.
19    (b) Withdrawal or dismissal of any petition for a stalking
20no contact order prior to adjudication where the petitioner is
21represented by the State shall operate as a dismissal without
22prejudice. No action for a stalking no contact order shall be
23dismissed because the respondent is being prosecuted for a
24crime against the petitioner. For any action commenced under

 

 

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1item (2) of subsection (a) of this Section, dismissal of the
2conjoined case (or a finding of not guilty) shall not require
3dismissal of the action for a stalking no contact order;
4instead, it may be treated as an independent action and, if
5necessary and appropriate, transferred to a different court or
6division.
7    (c) No fee shall be charged by the clerk of the court for
8filing petitions or modifying or certifying orders. No fee
9shall be charged by the sheriff for service by the sheriff of a
10petition, rule, motion, or order in an action commenced under
11this Section.
12    (d) The court shall provide, through the office of the
13clerk of the court, simplified forms for filing of a petition
14under this Section by any person not represented by counsel.
15(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
16    (740 ILCS 21/70)
17    Sec. 70. Hearings.
18    (a) A petition for a stalking no contact order shall be
19treated as an expedited proceeding, and no court may transfer
20or otherwise decline to decide all or part of such petition.
21Nothing in this Section shall prevent the court from reserving
22issues if jurisdiction or notice requirements are not met.
23    (b) A court in a county with a population above 250,000
24shall offer the option of a remote hearing to a petitioner for
25a stalking no contact order. The court has the discretion to

 

 

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1grant or deny the request for a remote hearing. Each court
2shall determine the procedure for a remote hearing. The
3petitioner and respondent may appear remotely or in-person.
4    The court shall issue and publish a court order, standing
5order, or local rule detailing information about the process
6for requesting and participating in a remote court appearance.
7The court order, standing order, or local rule shall be
8published on the court's website and posted on signs
9throughout the courthouse, including in the clerk's office.
10The sign shall be written in plain language and include
11information about the availability of remote court appearances
12and the process for requesting a remote hearing.
13(Source: P.A. 96-246, eff. 1-1-10.)
 
14    Section 15. The Civil no Contact Order Act is amended by
15changing Sections 202 and 210 as follows:
 
16    (740 ILCS 22/202)
17    Sec. 202. Commencement of action; filing fees.
18    (a) An action for a civil no contact order is commenced:
19        (1) independently, by filing a petition for a civil no
20    contact order in any civil court, unless specific courts
21    are designated by local rule or order; or
22        (2) in conjunction with a delinquency petition or a
23    criminal prosecution as provided in Article 112A of the
24    Code of Criminal Procedure of 1963.

 

 

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1    (a-1) A petition for a civil no contact order may be filed
2in-person or online.
3    (a-5) When a petition for a civil no contact order is
4filed, the petition shall not be publicly available until the
5petition is served on the respondent.
6    (b) Withdrawal or dismissal of any petition for a civil no
7contact order prior to adjudication where the petitioner is
8represented by the State shall operate as a dismissal without
9prejudice. No action for a civil no contact order shall be
10dismissed because the respondent is being prosecuted for a
11crime against the petitioner. For any action commenced under
12item (2) of subsection (a) of this Section, dismissal of the
13conjoined case (or a finding of not guilty) shall not require
14dismissal of the action for a civil no contact order; instead,
15it may be treated as an independent action and, if necessary
16and appropriate, transferred to a different court or division.
17    (c) No fee shall be charged by the clerk of the court for
18filing petitions or modifying or certifying orders. No fee
19shall be charged by the sheriff for service by the sheriff of a
20petition, rule, motion, or order in an action commenced under
21this Section.
22    (d) The court shall provide, through the office of the
23clerk of the court, simplified forms for filing of a petition
24under this Section by any person not represented by counsel.
25(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 

 

 

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1    (740 ILCS 22/210)
2    Sec. 210. Hearings.
3    (a) A petition for a civil no contact order shall be
4treated as an expedited proceeding, and no court may transfer
5or otherwise decline to decide all or part of such petition.
6Nothing in this Section shall prevent the court from reserving
7issues if jurisdiction or notice requirements are not met.
8    (b) A court in a county with a population above 250,000
9shall offer the option of a remote hearing to a petitioner for
10a civil no contact order. The court has the discretion to grant
11or deny the request for a remote hearing. Each court shall
12determine the procedure for a remote hearing. The petitioner
13and respondent may appear remotely or in-person.
14    The court shall issue and publish a court order, standing
15order, or local rule detailing information about the process
16for requesting and participating in a remote court appearance.
17The court order, standing order, or local rule shall be
18published on the court's website and posted on signs
19throughout the courthouse, including in the clerk's office.
20The sign shall be written in plain language and include
21information about the availability of remote court appearances
22and the process for requesting a remote hearing.
23(Source: P.A. 93-236, eff. 1-1-04.)
 
24    Section 20. The Illinois Domestic Violence Act of 1986 is
25amended by changing Sections 202 and 212 as follows:
 

 

 

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1    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
2    Sec. 202. Commencement of action; filing fees; dismissal.
3    (a) How to commence action. Actions for orders of
4protection are commenced:
5        (1) Independently: By filing a petition for an order
6    of protection in any civil court, unless specific courts
7    are designated by local rule or order.
8        (2) In conjunction with another civil proceeding: By
9    filing a petition for an order of protection under the
10    same case number as another civil proceeding involving the
11    parties, including but not limited to: (i) any proceeding
12    under the Illinois Marriage and Dissolution of Marriage
13    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
14    and Children Act, Revised Uniform Reciprocal Enforcement
15    of Support Act or an action for nonsupport brought under
16    Article X of the Illinois Public Aid Code, provided that a
17    petitioner and the respondent are a party to or the
18    subject of that proceeding or (ii) a guardianship
19    proceeding under the Probate Act of 1975, or a proceeding
20    for involuntary commitment under the Mental Health and
21    Developmental Disabilities Code, or any proceeding, other
22    than a delinquency petition, under the Juvenile Court Act
23    of 1987, provided that a petitioner or the respondent is a
24    party to or the subject of such proceeding.
25        (3) In conjunction with a delinquency petition or a

 

 

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1    criminal prosecution as provided in Section 112A-20 of the
2    Code of Criminal Procedure of 1963.
3    (a-1) A petition for an order of protection may be filed
4in-person or online.
5    (a-5) When a petition for an emergency order of protection
6is filed, the petition shall not be publicly available until
7the petition is served on the respondent.
8    (b) Filing, certification, and service fees. No fee shall
9be charged by the clerk for filing, amending, vacating,
10certifying, or photocopying petitions or orders; or for
11issuing alias summons; or for any related filing service. No
12fee shall be charged by the sheriff for service by the sheriff
13of a petition, rule, motion, or order in an action commenced
14under this Section.
15    (c) Dismissal and consolidation. Withdrawal or dismissal
16of any petition for an order of protection prior to
17adjudication where the petitioner is represented by the State
18shall operate as a dismissal without prejudice. No action for
19an order of protection shall be dismissed because the
20respondent is being prosecuted for a crime against the
21petitioner. An independent action may be consolidated with
22another civil proceeding, as provided by paragraph (2) of
23subsection (a) of this Section. For any action commenced under
24paragraph (2) or (3) of subsection (a) of this Section,
25dismissal of the conjoined case (or a finding of not guilty)
26shall not require dismissal of the action for the order of

 

 

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1protection; instead, it may be treated as an independent
2action and, if necessary and appropriate, transferred to a
3different court or division. Dismissal of any conjoined case
4shall not affect the validity of any previously issued order
5of protection, and thereafter subsections (b)(1) and (b)(2) of
6Section 220 shall be inapplicable to such order.
7    (d) Pro se petitions. The court shall provide, through the
8office of the clerk of the court, simplified forms and
9clerical assistance to help with the writing and filing of a
10petition under this Section by any person not represented by
11counsel. In addition, that assistance may be provided by the
12state's attorney.
13    (e) As provided in this subsection, the administrative
14director of the Administrative Office of the Illinois Courts,
15with the approval of the administrative board of the courts,
16may adopt rules to establish and implement a pilot program to
17allow the electronic filing of petitions for temporary orders
18of protection and the issuance of such orders by audio-visual
19means to accommodate litigants for whom attendance in court to
20file for and obtain emergency relief would constitute an undue
21hardship or would constitute a risk of harm to the litigant.
22        (1) As used in this subsection:
23            (A) "Electronic means" means any method of
24        transmission of information between computers or other
25        machines designed for the purpose of sending or
26        receiving electronic transmission and that allows for

 

 

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1        the recipient of information to reproduce the
2        information received in a tangible medium of
3        expression.
4            (B) "Independent audio-visual system" means an
5        electronic system for the transmission and receiving
6        of audio and visual signals, including those with the
7        means to preclude the unauthorized reception and
8        decoding of the signals by commercially available
9        television receivers, channel converters, or other
10        available receiving devices.
11            (C) "Electronic appearance" means an appearance in
12        which one or more of the parties are not present in the
13        court, but in which, by means of an independent
14        audio-visual system, all of the participants are
15        simultaneously able to see and hear reproductions of
16        the voices and images of the judge, counsel, parties,
17        witnesses, and any other participants.
18        (2) Any pilot program under this subsection (e) shall
19    be developed by the administrative director or his or her
20    delegate in consultation with at least one local
21    organization providing assistance to domestic violence
22    victims. The program plan shall include but not be limited
23    to:
24            (A) identification of agencies equipped with or
25        that have access to an independent audio-visual system
26        and electronic means for filing documents; and

 

 

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1            (B) identification of one or more organizations
2        who are trained and available to assist petitioners in
3        preparing and filing petitions for temporary orders of
4        protection and in their electronic appearances before
5        the court to obtain such orders; and
6            (C) identification of the existing resources
7        available in local family courts for the
8        implementation and oversight of the pilot program; and
9            (D) procedures for filing petitions and documents
10        by electronic means, swearing in the petitioners and
11        witnesses, preparation of a transcript of testimony
12        and evidence presented, and a prompt transmission of
13        any orders issued to the parties; and
14            (E) a timeline for implementation and a plan for
15        informing the public about the availability of the
16        program; and
17            (F) a description of the data to be collected in
18        order to evaluate and make recommendations for
19        improvements to the pilot program.
20        (3) In conjunction with an electronic appearance, any
21    petitioner for an ex parte temporary order of protection
22    may, using the assistance of a trained advocate if
23    necessary, commence the proceedings by filing a petition
24    by electronic means.
25            (A) A petitioner who is seeking an ex parte
26        temporary order of protection using an electronic

 

 

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1        appearance must file a petition in advance of the
2        appearance and may do so electronically.
3            (B) The petitioner must show that traveling to or
4        appearing in court would constitute an undue hardship
5        or create a risk of harm to the petitioner. In granting
6        or denying any relief sought by the petitioner, the
7        court shall state the names of all participants and
8        whether it is granting or denying an appearance by
9        electronic means and the basis for such a
10        determination. A party is not required to file a
11        petition or other document by electronic means or to
12        testify by means of an electronic appearance.
13            (C) Nothing in this subsection (e) affects or
14        changes any existing laws governing the service of
15        process, including requirements for personal service
16        or the sealing and confidentiality of court records in
17        court proceedings or access to court records by the
18        parties to the proceedings.
19        (4) Appearances.
20            (A) All electronic appearances by a petitioner
21        seeking an ex parte temporary order of protection
22        under this subsection (e) are strictly voluntary and
23        the court shall obtain the consent of the petitioner
24        on the record at the commencement of each appearance.
25            (B) Electronic appearances under this subsection
26        (e) shall be recorded and preserved for transcription.

 

 

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1        Documentary evidence, if any, referred to by a party
2        or witness or the court may be transmitted and
3        submitted and introduced by electronic means.
4(Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17;
5101-255, eff. 1-1-20.)
 
6    (750 ILCS 60/212)  (from Ch. 40, par. 2312-12)
7    Sec. 212. Hearings.
8    (a) A petition for an order of protection shall be treated
9as an expedited proceeding, and no court shall transfer or
10otherwise decline to decide all or part of such petition
11except as otherwise provided herein. Nothing in this Section
12shall prevent the court from reserving issues when
13jurisdiction or notice requirements are not met.
14    (b) Any court or a division thereof which ordinarily does
15not decide matters of child custody and family support may
16decline to decide contested issues of physical care, custody,
17visitation, or family support unless a decision on one or more
18of those contested issues is necessary to avoid the risk of
19abuse, neglect, removal from the state or concealment within
20the state of the child or of separation of the child from the
21primary caretaker. If the court or division thereof has
22declined to decide any or all of these issues, then it shall
23transfer all undecided issues to the appropriate court or
24division. In the event of such a transfer, a government
25attorney involved in the criminal prosecution may, but need

 

 

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1not, continue to offer counsel to petitioner on transferred
2matters.
3    (c) If the court transfers or otherwise declines to decide
4any issue, judgment on that issue shall be expressly reserved
5and ruling on other issues shall not be delayed or declined.
6    (d) A court in a county with a population above 250,000
7shall offer the option of a remote hearing to a petitioner for
8an order of protection. The court has the discretion to grant
9or deny the request for a remote hearing. Each court shall
10determine the procedure for a remote hearing. The petitioner
11and respondent may appear remotely or in-person.
12    The court shall issue and publish a court order, standing
13order, or local rule detailing information about the process
14for requesting and participating in a remote court appearance.
15The court order, standing order, or local rule shall be
16published on the court's website and posted on signs
17throughout the courthouse, including in the clerk's office.
18The sign shall be written in plain language and include
19information about the availability of remote court appearances
20and the process for requesting a remote hearing.
21(Source: P.A. 87-1186.)