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90_HB1589
750 ILCS 60/217 from Ch. 40, par. 2312-17
750 ILCS 60/222 from Ch. 40, par. 2312-22
Amends the Domestic Violence Act of 1986. Provides that
the presiding judge of the circuit court in each county shall
designate at least one judge to be reasonably available to
issue a 21-day emergency order of protection at all times,
whether or not the court is in session and that if a person
against whom an order of protection is obtained is arrested,
that person shall be served with the order in accordance with
provisions on service of the order before he or she is
released from custody.
LRB9004567SMdv
LRB9004567SMdv
1 AN ACT to amend the Illinois Domestic Violence Act of
2 1986 by changing Sections 217 and 222.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Domestic Violence Act of 1986 is
6 amended by changing Sections 217 and 222 as follows:
7 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
8 Sec. 217. Emergency order of protection.
9 (a) Prerequisites. An emergency order of protection
10 shall issue if petitioner satisfies the requirements of this
11 subsection for one or more of the requested remedies. For
12 each remedy requested, petitioner shall establish that:
13 (1) The court has jurisdiction under Section 208;
14 (2) The requirements of Section 214 are satisfied;
15 and
16 (3) There is good cause to grant the remedy,
17 regardless of prior service of process or of notice upon
18 the respondent, because:
19 (i) For the remedies of "prohibition of
20 abuse" described in Section 214(b)(1), "stay away
21 order and additional prohibitions" described in
22 Section 214(b)(3), "removal or concealment of minor
23 child" described in Section 214(b)(8), "order to
24 appear" described in Section 214(b)(9), "physical
25 care and possession of the minor child" described in
26 Section 214(b)(5), "protection of property"
27 described in Section 214(b)(11), "prohibition of
28 entry" described in Section 214(b)(14), "prohibition
29 of access to records" described in Section
30 214(b)(15), and "injunctive relief" described in
31 Section 214(b)(16), the harm which that remedy is
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1 intended to prevent would be likely to occur if the
2 respondent were given any prior notice, or greater
3 notice than was actually given, of the petitioner's
4 efforts to obtain judicial relief;
5 (ii) For the remedy of "grant of exclusive
6 possession of residence" described in Section
7 214(b)(2), the immediate danger of further abuse of
8 petitioner by respondent, if petitioner chooses or
9 had chosen to remain in the residence or household
10 while respondent was given any prior notice or
11 greater notice than was actually given of
12 petitioner's efforts to obtain judicial relief,
13 outweighs the hardships to respondent of an
14 emergency order granting petitioner exclusive
15 possession of the residence or household. This
16 remedy shall not be denied because petitioner has or
17 could obtain temporary shelter elsewhere while prior
18 notice is given to respondent, unless the hardships
19 to respondent from exclusion from the home
20 substantially outweigh those to petitioner;
21 (iii) For the remedy of "possession of
22 personal property" described in Section 214(b)(10),
23 improper disposition of the personal property would
24 be likely to occur if respondent were given any
25 prior notice, or greater notice than was actually
26 given, of petitioner's efforts to obtain judicial
27 relief, or petitioner has an immediate and pressing
28 need for possession of that property.
29 An emergency order may not include the counseling, legal
30 custody, payment of support or monetary compensation
31 remedies.
32 (b) Appearance by respondent. If respondent appears in
33 court for this hearing for an emergency order, he or she may
34 elect to file a general appearance and testify. Any resulting
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1 order may be an emergency order, governed by this Section.
2 Notwithstanding the requirements of this Section, if all
3 requirements of Section 218 have been met, the court may
4 issue a 30-day interim order.
5 (c) Emergency orders: court holidays and evenings.
6 (1) Prerequisites. When the court is unavailable
7 at the close of business, the petitioner may file a
8 petition for a 21-day emergency order before any
9 available circuit judge or associate judge who may grant
10 relief under this Act. If the judge finds that there is
11 an immediate and present danger of abuse to petitioner
12 and that petitioner has satisfied the prerequisites set
13 forth in subsection (a) of Section 217, that judge may
14 issue an emergency order of protection.
15 The presiding judge of the circuit court in each
16 county shall designate at least one judge to be
17 reasonably available to issue orally, by telephone, by
18 facsimile, or otherwise, a 21-day emergency order of
19 protection at all times, whether or not the court is in
20 session.
21 (2) Certification and transfer. Any order issued
22 under this Section and any documentation in support
23 thereof shall be certified on the next court day to the
24 appropriate court. The clerk of that court shall
25 immediately assign a case number, file the petition,
26 order and other documents with the court, and enter the
27 order of record and file it with the sheriff for service,
28 in accordance with Section 222. Filing the petition
29 shall commence proceedings for further relief under
30 Section 202. Failure to comply with the requirements of
31 this subsection shall not affect the validity of the
32 order.
33 (Source: P.A. 86-966; 87-1186.)
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1 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
2 Sec. 222. Notice of orders.
3 (a) Entry and issuance. Upon issuance of any order of
4 protection, the clerk shall immediately (i) enter the order
5 on the record and file it in accordance with the circuit
6 court procedures and (ii) provide a file stamped copy of the
7 order to respondent, if present, and to petitioner.
8 (b) Filing with sheriff. The clerk of the issuing judge
9 shall, or the petitioner may, on the same day that an order
10 of protection is issued, file a certified copy of that order
11 with the sheriff or other law enforcement officials charged
12 with maintaining Department of State Police records or
13 charged with serving the order upon respondent.
14 (c) Service by sheriff. Unless respondent was present
15 in court when the order was issued, the sheriff, other law
16 enforcement official or special process server shall promptly
17 serve that order upon respondent and file proof of such
18 service, in the manner provided for service of process in
19 civil proceedings. If process has not yet been served upon
20 the respondent, it shall be served with the order. A single
21 fee may be charged for service of an order obtained in civil
22 court, or for service of such an order together with process,
23 unless waived or deferred under Section 210.
24 If the person against whom the order of protection is
25 issued is arrested, that person shall be served with the
26 order in accordance with this Section before he or she is
27 released from custody.
28 (d) Extensions, modifications and revocations. Any
29 order extending, modifying or revoking any order of
30 protection shall be promptly recorded, issued and served as
31 provided in this Section.
32 (e) Notice to schools. Upon request the clerk of the
33 issuing judge shall file a certified copy of an order of
34 protection with the private school or schools or the
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1 principal office of the public school district or districts
2 in which any children of the petitioner are enrolled.
3 (f) Disclosure by schools. After receiving a certified
4 copy of an order of protection that prohibits a respondent's
5 access to records, neither a public or private school nor its
6 employees shall allow a respondent access to a protected
7 child's records or release information in those records to
8 the respondent. The school shall file the copy of the order
9 of protection in the records of a child who is a protected
10 person under the order of protection.
11 (Source: P.A. 88-306; 89-106, eff. 7-7-95.)