[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB1589enr
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
HB1589 Enrolled LRB9004567SMdv
1 AN ACT in relation to emergency orders of protection,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Sections 112A-17, 112A-22, and 112A-28 as
7 follows:
8 (725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
9 Sec. 112A-17. Emergency order of protection.
10 (a) Prerequisites. An emergency order of protection
11 shall issue if petitioner satisfies the requirements of this
12 subsection for one or more of the requested remedies. For
13 each remedy requested, petitioner shall establish that:
14 (1) The court has jurisdiction under Section
15 112A-9;
16 (2) The requirements of Section 112A-14 are
17 satisfied; and
18 (3) There is good cause to grant the remedy,
19 regardless of prior service of process or of notice upon
20 the respondent, because:
21 (i) For the remedies of "prohibition of abuse"
22 described in Section 112A-14(b)(1), "stay away order
23 and additional prohibitions" described in Section
24 112A-14(b)(3), "removal or concealment of minor
25 child" described in Section 112A-14(b)(8), "order to
26 appear" described in Section 112A-14(b)(9),
27 "physical care and possession of the minor child"
28 described in Section 112A-14(b)(5), "protection of
29 property" described in Section 112A-14(b)(11),
30 "prohibition of entry" described in Section
31 112A-14(b)(14), "prohibition of access to records"
HB1589 Enrolled -2- LRB9004567SMdv
1 described in Section 112A-14(b)(15), and "injunctive
2 relief" described in Section 112A-14(b)(16), the
3 harm which that remedy is intended to prevent would
4 be likely to occur if the respondent were given any
5 prior notice, or greater notice than was actually
6 given, of the petitioner's efforts to obtain
7 judicial relief;
8 (ii) For the remedy of "grant of exclusive
9 possession of residence" described in Section
10 112A-14(b)(2), the immediate danger of further abuse
11 of petitioner by respondent, if petitioner chooses
12 or had chosen to remain in the residence or
13 household while respondent was given any prior
14 notice or greater notice than was actually given of
15 petitioner's efforts to obtain judicial relief,
16 outweighs the hardships to respondent of an
17 emergency order granting petitioner exclusive
18 possession of the residence or household. This
19 remedy shall not be denied because petitioner has or
20 could obtain temporary shelter elsewhere while prior
21 notice is given to respondent, unless the hardships
22 to respondent from exclusion from the home
23 substantially outweigh those to petitioner.
24 (iii) For the remedy of "possession of
25 personal property" described in Section
26 112A-14(b)(10), improper disposition of the personal
27 property would be likely to occur if respondent were
28 given any prior notice, or greater notice than was
29 actually given, of petitioner's efforts to obtain
30 judicial relief, or petitioner has an immediate and
31 pressing need for possession of that property.
32 An emergency order may not include the counseling, legal
33 custody, payment of support or monetary compensation
34 remedies.
HB1589 Enrolled -3- LRB9004567SMdv
1 (b) Appearance by respondent. If respondent appears in
2 court for this hearing for an emergency order, he or she may
3 elect to file a general appearance and testify. Any
4 resulting order may be an emergency order, governed by this
5 Section. Notwithstanding the requirements of this Section,
6 if all requirements of Section 112A-18 have been met, the
7 Court may issue a 30-day interim order.
8 (c) Emergency orders: court holidays and evenings.
9 (1) Prerequisites. When the court is unavailable
10 at the close of business, the petitioner may file a
11 petition for a 21-day emergency order before any
12 available circuit judge or associate judge who may grant
13 relief under this Article. If the judge finds that there
14 is an immediate and present danger of abuse to petitioner
15 and that petitioner has satisfied the prerequisites set
16 forth in subsection (a) of Section 112A-17, that judge
17 may issue an emergency order of protection.
18 (1.5) Issuance of order. The chief judge of the
19 circuit court may designate for each county in the
20 circuit at least one judge to be reasonably available to
21 issue orally, by telephone, by facsimile, or otherwise,
22 an emergency order of protection at all times, whether or
23 not the court is in session.
24 (2) Certification and transfer. Any order issued
25 under this Section and any documentation in support
26 thereof shall be certified on the next court day to the
27 appropriate court. The clerk of that court shall
28 immediately assign a case number, file the petition,
29 order and other documents with the court and enter the
30 order of record and file it with the sheriff for service,
31 in accordance with Section 112A-22. Filing the petition
32 shall commence proceedings for further relief, under
33 Section 112A-2. Failure to comply with the requirements
34 of this subsection shall not affect the validity of the
HB1589 Enrolled -4- LRB9004567SMdv
1 order.
2 (Source: P.A. 87-1186.)
3 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
4 Sec. 112A-22. Notice of orders.
5 (a) Entry and issuance. Upon issuance of any order of
6 protection, the clerk shall immediately, or on the next court
7 day if an emergency order is issued in accordance with
8 subsection (c) of Section 112A-17, (i) enter the order on the
9 record and file it in accordance with the circuit court
10 procedures and (ii) provide a file stamped copy of the order
11 to respondent, if present, and to petitioner.
12 (b) Filing with sheriff. The clerk of the issuing judge
13 shall, or the petitioner may, on the same day that an order
14 of protection is issued, file a copy of that order with the
15 sheriff or other law enforcement officials charged with
16 maintaining Department of State Police records or charged
17 with serving the order upon respondent. If the order was
18 issued in accordance with subsection (c) of Section 112A-17,
19 the clerk shall on the next court day, file a certified copy
20 of the order with the Sheriff or other law enforcement
21 officials charged with maintaining Department of State Police
22 records.
23 (c) Service by sheriff. Unless respondent was present
24 in court when the order was issued, the sheriff, other law
25 enforcement official or special process server shall promptly
26 serve that order upon respondent and file proof of such
27 service, in the manner provided for service of process in
28 civil proceedings. If process has not yet been served upon
29 the respondent, it shall be served with the order.
30 (c-5) If the person against whom the order of protection
31 is issued is arrested and the written order is issued in
32 accordance with subsection (c) of Section 112A-17 and
33 received by the custodial law enforcement agency before the
HB1589 Enrolled -5- LRB9004567SMdv
1 respondent or arrestee is released from custody, the
2 custodial law enforcement agent shall promptly serve the
3 order upon the respondent or arrestee before the respondent
4 or arrestee is released from custody. In no event shall
5 detention of the respondent or arrestee be extended for
6 hearing on the petition for order of protection or receipt of
7 the order issued under Section 112A-17 of this Code.
8 (d) Extensions, modifications and revocations. Any
9 order extending, modifying or revoking any order of
10 protection shall be promptly recorded, issued and served as
11 provided in this Section.
12 (Source: P.A. 87-1186.)
13 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
14 Sec. 112A-28. Data maintenance by law enforcement
15 agencies.
16 (a) All sheriffs shall furnish to the Department of
17 State Police, daily, in the form and detail the Department
18 requires, copies of any recorded orders of protection issued
19 by the court and transmitted to the sheriff by the clerk of
20 the court pursuant to subsection (b) of Section 112A-22 of
21 this Act. Each order of protection shall be entered in the
22 Law Enforcement Automated Data System on the same day it is
23 issued by the court. If an emergency order of protection was
24 issued in accordance with subsection (c) of Section 112A-17,
25 the order shall be entered in the Law Enforcement Automated
26 Data System as soon as possible after receipt from the clerk.
27 (b) The Department of State Police shall maintain a
28 complete and systematic record and index of all valid and
29 recorded orders of protection issued pursuant to this Act.
30 The data shall be used to inform all dispatchers and law
31 enforcement officers at the scene of an alleged incident of
32 abuse or violation of an order of protection of any recorded
33 prior incident of abuse involving the abused party and the
HB1589 Enrolled -6- LRB9004567SMdv
1 effective dates and terms of any recorded order of
2 protection.
3 (c) The data, records and transmittals required under
4 this Section shall pertain to any valid emergency, interim or
5 plenary order of protection, whether issued in a civil or
6 criminal proceeding.
7 (Source: P.A. 87-1186.)
8 Section 10. The Illinois Domestic Violence Act of 1986
9 is amended by changing Sections 217, 222, and 302 as follows:
10 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
11 Sec. 217. Emergency order of protection.
12 (a) Prerequisites. An emergency order of protection
13 shall issue if petitioner satisfies the requirements of this
14 subsection for one or more of the requested remedies. For
15 each remedy requested, petitioner shall establish that:
16 (1) The court has jurisdiction under Section 208;
17 (2) The requirements of Section 214 are satisfied;
18 and
19 (3) There is good cause to grant the remedy,
20 regardless of prior service of process or of notice upon
21 the respondent, because:
22 (i) For the remedies of "prohibition of
23 abuse" described in Section 214(b)(1), "stay away
24 order and additional prohibitions" described in
25 Section 214(b)(3), "removal or concealment of minor
26 child" described in Section 214(b)(8), "order to
27 appear" described in Section 214(b)(9), "physical
28 care and possession of the minor child" described in
29 Section 214(b)(5), "protection of property"
30 described in Section 214(b)(11), "prohibition of
31 entry" described in Section 214(b)(14), "prohibition
32 of access to records" described in Section
HB1589 Enrolled -7- LRB9004567SMdv
1 214(b)(15), and "injunctive relief" described in
2 Section 214(b)(16), the harm which that remedy is
3 intended to prevent would be likely to occur if the
4 respondent were given any prior notice, or greater
5 notice than was actually given, of the petitioner's
6 efforts to obtain judicial relief;
7 (ii) For the remedy of "grant of exclusive
8 possession of residence" described in Section
9 214(b)(2), the immediate danger of further abuse of
10 petitioner by respondent, if petitioner chooses or
11 had chosen to remain in the residence or household
12 while respondent was given any prior notice or
13 greater notice than was actually given of
14 petitioner's efforts to obtain judicial relief,
15 outweighs the hardships to respondent of an
16 emergency order granting petitioner exclusive
17 possession of the residence or household. This
18 remedy shall not be denied because petitioner has or
19 could obtain temporary shelter elsewhere while prior
20 notice is given to respondent, unless the hardships
21 to respondent from exclusion from the home
22 substantially outweigh those to petitioner;
23 (iii) For the remedy of "possession of
24 personal property" described in Section 214(b)(10),
25 improper disposition of the personal property would
26 be likely to occur if respondent were given any
27 prior notice, or greater notice than was actually
28 given, of petitioner's efforts to obtain judicial
29 relief, or petitioner has an immediate and pressing
30 need for possession of that property.
31 An emergency order may not include the counseling, legal
32 custody, payment of support or monetary compensation
33 remedies.
34 (b) Appearance by respondent. If respondent appears in
HB1589 Enrolled -8- LRB9004567SMdv
1 court for this hearing for an emergency order, he or she may
2 elect to file a general appearance and testify. Any resulting
3 order may be an emergency order, governed by this Section.
4 Notwithstanding the requirements of this Section, if all
5 requirements of Section 218 have been met, the court may
6 issue a 30-day interim order.
7 (c) Emergency orders: court holidays and evenings.
8 (1) Prerequisites. When the court is unavailable
9 at the close of business, the petitioner may file a
10 petition for a 21-day emergency order before any
11 available circuit judge or associate judge who may grant
12 relief under this Act. If the judge finds that there is
13 an immediate and present danger of abuse to petitioner
14 and that petitioner has satisfied the prerequisites set
15 forth in subsection (a) of Section 217, that judge may
16 issue an emergency order of protection.
17 (1.5) Issuance of order. The chief judge of the
18 circuit court may designate for each county in the
19 circuit at least one judge to be reasonably available to
20 issue orally, by telephone, by facsimile, or otherwise,
21 an emergency order of protection at all times, whether or
22 not the court is in session.
23 (2) Certification and transfer. Any order issued
24 under this Section and any documentation in support
25 thereof shall be certified on the next court day to the
26 appropriate court. The clerk of that court shall
27 immediately assign a case number, file the petition,
28 order and other documents with the court, and enter the
29 order of record and file it with the sheriff for service,
30 in accordance with Section 222. Filing the petition
31 shall commence proceedings for further relief under
32 Section 202. Failure to comply with the requirements of
33 this subsection shall not affect the validity of the
34 order.
HB1589 Enrolled -9- LRB9004567SMdv
1 (Source: P.A. 86-966; 87-1186.)
2 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
3 Sec. 222. Notice of orders.
4 (a) Entry and issuance. Upon issuance of any order of
5 protection, the clerk shall immediately, or on the next court
6 day if an emergency order is issued in accordance with
7 subsection (c) of Section 217, (i) enter the order on the
8 record and file it in accordance with the circuit court
9 procedures and (ii) provide a file stamped copy of the order
10 to respondent, if present, and to petitioner.
11 (b) Filing with sheriff. The clerk of the issuing judge
12 shall, or the petitioner may, on the same day that an order
13 of protection is issued, file a certified copy of that order
14 with the sheriff or other law enforcement officials charged
15 with maintaining Department of State Police records or
16 charged with serving the order upon respondent. If the order
17 was issued in accordance with subsection (c) of Section 217,
18 the clerk shall on the next court day, file a certified copy
19 of the order with the Sheriff or other law enforcement
20 officials charged with maintaining Department of State Police
21 records.
22 (c) Service by sheriff. Unless respondent was present
23 in court when the order was issued, the sheriff, other law
24 enforcement official or special process server shall promptly
25 serve that order upon respondent and file proof of such
26 service, in the manner provided for service of process in
27 civil proceedings. If process has not yet been served upon
28 the respondent, it shall be served with the order. A single
29 fee may be charged for service of an order obtained in civil
30 court, or for service of such an order together with process,
31 unless waived or deferred under Section 210.
32 (c-5) If the person against whom the order of protection
33 is issued is arrested and the written order is issued in
HB1589 Enrolled -10- LRB9004567SMdv
1 accordance with subsection (c) of Section 217 and received by
2 the custodial law enforcement agency before the respondent or
3 arrestee is released from custody, the custodial law
4 enforcement agent shall promptly serve the order upon the
5 respondent or arrestee before the respondent or arrestee is
6 released from custody. In no event shall detention of the
7 respondent or arrestee be extended for hearing on the
8 petition for order of protection or receipt of the order
9 issued under Section 217 of this Act.
10 (d) Extensions, modifications and revocations. Any
11 order extending, modifying or revoking any order of
12 protection shall be promptly recorded, issued and served as
13 provided in this Section.
14 (e) Notice to schools. Upon request the clerk of the
15 issuing judge shall file a certified copy of an order of
16 protection with the private school or schools or the
17 principal office of the public school district or districts
18 in which any children of the petitioner are enrolled.
19 (f) Disclosure by schools. After receiving a certified
20 copy of an order of protection that prohibits a respondent's
21 access to records, neither a public or private school nor its
22 employees shall allow a respondent access to a protected
23 child's records or release information in those records to
24 the respondent. The school shall file the copy of the order
25 of protection in the records of a child who is a protected
26 person under the order of protection.
27 (Source: P.A. 88-306; 89-106, eff. 7-7-95.)
28 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
29 Sec. 302. Data maintenance by law enforcement agencies.
30 (a) All sheriffs shall furnish to the Department of
31 State Police, on the same day as received, in the form and
32 detail the Department requires, copies of any recorded
33 emergency, interim, or plenary orders of protection issued
HB1589 Enrolled -11- LRB9004567SMdv
1 by the court and transmitted to the sheriff by the clerk of
2 the court pursuant to subsection (b) of Section 222 of this
3 Act. Each order of protection shall be entered in the Law
4 Enforcement Automated Data System on the same day it is
5 issued by the court. If an emergency order of protection was
6 issued in accordance with subsection (c) of Section 217, the
7 order shall be entered in the Law Enforcement Automated Data
8 System as soon as possible after receipt from the clerk.
9 (b) The Department of State Police shall maintain a
10 complete and systematic record and index of all valid and
11 recorded orders of protection issued pursuant to this Act.
12 The data shall be used to inform all dispatchers and law
13 enforcement officers at the scene of an alleged incident of
14 abuse, neglect, or exploitation or violation of an order of
15 protection of any recorded prior incident of abuse, neglect,
16 or exploitation involving the abused, neglected, or exploited
17 party and the effective dates and terms of any recorded order
18 of protection.
19 (c) The data, records and transmittals required under
20 this Section shall pertain to any valid emergency, interim or
21 plenary order of protection, whether issued in a civil or
22 criminal proceeding.
23 (Source: P.A. 86-542; 87-1186.)