[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
90_HB1589ham001
LRB9004567SMdvam02
1 AMENDMENT TO HOUSE BILL 1589
2 AMENDMENT NO. . Amend House Bill 1589 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Sections 112A-17, 112A-22, and 112A-28 as
6 follows:
7 (725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
8 Sec. 112A-17. 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
14 112A-9;
15 (2) The requirements of Section 112A-14 are
16 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:
20 (i) For the remedies of "prohibition of abuse"
21 described in Section 112A-14(b)(1), "stay away order
22 and additional prohibitions" described in Section
-2- LRB9004567SMdvam02
1 112A-14(b)(3), "removal or concealment of minor
2 child" described in Section 112A-14(b)(8), "order to
3 appear" described in Section 112A-14(b)(9),
4 "physical care and possession of the minor child"
5 described in Section 112A-14(b)(5), "protection of
6 property" described in Section 112A-14(b)(11),
7 "prohibition of entry" described in Section
8 112A-14(b)(14), "prohibition of access to records"
9 described in Section 112A-14(b)(15), and "injunctive
10 relief" described in Section 112A-14(b)(16), the
11 harm which that remedy is intended to prevent would
12 be likely to occur if the respondent were given any
13 prior notice, or greater notice than was actually
14 given, of the petitioner's efforts to obtain
15 judicial relief;
16 (ii) For the remedy of "grant of exclusive
17 possession of residence" described in Section
18 112A-14(b)(2), the immediate danger of further abuse
19 of petitioner by respondent, if petitioner chooses
20 or had chosen to remain in the residence or
21 household while respondent was given any prior
22 notice or greater notice than was actually given of
23 petitioner's efforts to obtain judicial relief,
24 outweighs the hardships to respondent of an
25 emergency order granting petitioner exclusive
26 possession of the residence or household. This
27 remedy shall not be denied because petitioner has or
28 could obtain temporary shelter elsewhere while prior
29 notice is given to respondent, unless the hardships
30 to respondent from exclusion from the home
31 substantially outweigh those to petitioner.
32 (iii) For the remedy of "possession of
33 personal property" described in Section
34 112A-14(b)(10), improper disposition of the personal
-3- LRB9004567SMdvam02
1 property would be likely to occur if respondent were
2 given any prior notice, or greater notice than was
3 actually given, of petitioner's efforts to obtain
4 judicial relief, or petitioner has an immediate and
5 pressing need for possession of that property.
6 An emergency order may not include the counseling, legal
7 custody, payment of support or monetary compensation
8 remedies.
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
12 resulting order may be an emergency order, governed by this
13 Section. Notwithstanding the requirements of this Section,
14 if all requirements of Section 112A-18 have been met, the
15 Court may issue a 30-day interim order.
16 (c) Emergency orders: court holidays and evenings.
17 (1) Prerequisites. When the court is unavailable
18 at the close of business, the petitioner may file a
19 petition for a 21-day emergency order before any
20 available circuit judge or associate judge who may grant
21 relief under this Article. If the judge finds that there
22 is an immediate and present danger of abuse to petitioner
23 and that petitioner has satisfied the prerequisites set
24 forth in subsection (a) of Section 112A-17, that judge
25 may issue an emergency order of protection.
26 (1.5) Issuance of order. The chief judge of the
27 circuit court shall designate for each county in the
28 circuit at least one judge to be reasonably available to
29 issue orally, by telephone, by facsimile, or otherwise,
30 an emergency order of protection at all times, whether or
31 not the court is in session.
32 (2) Certification and transfer. Any order issued
33 under this Section and any documentation in support
34 thereof shall be certified on the next court day to the
-4- LRB9004567SMdvam02
1 appropriate court. The clerk of that court shall
2 immediately assign a case number, file the petition,
3 order and other documents with the court and enter the
4 order of record and file it with the sheriff for service,
5 in accordance with Section 112A-22. Filing the petition
6 shall commence proceedings for further relief, under
7 Section 112A-2. Failure to comply with the requirements
8 of this subsection shall not affect the validity of the
9 order.
10 (Source: P.A. 87-1186.)
11 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
12 Sec. 112A-22. Notice of orders.
13 (a) Entry and issuance. Upon issuance of any order of
14 protection, the clerk shall immediately, or on the next court
15 day if an emergency order is issued in accordance with
16 subsection (c) of Section 112A-17, (i) enter the order on the
17 record and file it in accordance with the circuit court
18 procedures and (ii) provide a file stamped copy of the order
19 to respondent, if present, and to petitioner.
20 (b) Filing with sheriff. The clerk of the issuing judge
21 shall, or the petitioner may, on the same day that an order
22 of protection is issued, file a copy of that order with the
23 sheriff or other law enforcement officials charged with
24 maintaining Department of State Police records or charged
25 with serving the order upon respondent. If the order was
26 issued in accordance with subsection (c) of Section 112A-17,
27 the clerk shall on the next court day, file a certified copy
28 of the order with the Sheriff or other law enforcement
29 officials charged with maintaining Department of State Police
30 records.
31 (c) Service by sheriff. Unless respondent was present
32 in court when the order was issued, the sheriff, other law
33 enforcement official or special process server shall promptly
-5- LRB9004567SMdvam02
1 serve that order upon respondent and file proof of such
2 service, in the manner provided for service of process in
3 civil proceedings. If process has not yet been served upon
4 the respondent, it shall be served with the order.
5 (c-5) If the person against whom the order of protection
6 is issued is arrested and the written order is issued in
7 accordance with subsection (c) of Section 112A-17 and
8 received by the custodial law enforcement agency before the
9 respondent or arrestee is released from custody, the
10 custodial law enforcement agent shall promptly serve the
11 order upon the respondent or arrestee before the respondent
12 or arrestee is released from custody. In no event shall
13 detention of the respondent or arrestee be extended for
14 hearing on the petition for order of protection or receipt of
15 the order issued under Section 112A-17 of this Code.
16 (d) Extensions, modifications and revocations. Any
17 order extending, modifying or revoking any order of
18 protection shall be promptly recorded, issued and served as
19 provided in this Section.
20 (Source: P.A. 87-1186.)
21 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
22 Sec. 112A-28. Data maintenance by law enforcement
23 agencies.
24 (a) All sheriffs shall furnish to the Department of
25 State Police, daily, in the form and detail the Department
26 requires, copies of any recorded orders of protection issued
27 by the court and transmitted to the sheriff by the clerk of
28 the court pursuant to subsection (b) of Section 112A-22 of
29 this Act. Each order of protection shall be entered in the
30 Law Enforcement Automated Data System on the same day it is
31 issued by the court. If an emergency order of protection was
32 issued in accordance with subsection (c) of Section 112A-17,
33 the order shall be entered in the Law Enforcement Automated
-6- LRB9004567SMdvam02
1 Data System within 24 hours of receipt from the clerk.
2 (b) The Department of State Police shall maintain a
3 complete and systematic record and index of all valid and
4 recorded orders of protection issued pursuant to this Act.
5 The data shall be used to inform all dispatchers and law
6 enforcement officers at the scene of an alleged incident of
7 abuse or violation of an order of protection of any recorded
8 prior incident of abuse involving the abused party and the
9 effective dates and terms of any recorded order of
10 protection.
11 (c) The data, records and transmittals required under
12 this Section shall pertain to any valid emergency, interim or
13 plenary order of protection, whether issued in a civil or
14 criminal proceeding.
15 (Source: P.A. 87-1186.)
16 Section 10. The Illinois Domestic Violence Act of 1986
17 is amended by changing Sections 217, 222, and 302 as follows:
18 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
19 Sec. 217. Emergency order of protection.
20 (a) Prerequisites. An emergency order of protection
21 shall issue if petitioner satisfies the requirements of this
22 subsection for one or more of the requested remedies. For
23 each remedy requested, petitioner shall establish that:
24 (1) The court has jurisdiction under Section 208;
25 (2) The requirements of Section 214 are satisfied;
26 and
27 (3) There is good cause to grant the remedy,
28 regardless of prior service of process or of notice upon
29 the respondent, because:
30 (i) For the remedies of "prohibition of
31 abuse" described in Section 214(b)(1), "stay away
32 order and additional prohibitions" described in
-7- LRB9004567SMdvam02
1 Section 214(b)(3), "removal or concealment of minor
2 child" described in Section 214(b)(8), "order to
3 appear" described in Section 214(b)(9), "physical
4 care and possession of the minor child" described in
5 Section 214(b)(5), "protection of property"
6 described in Section 214(b)(11), "prohibition of
7 entry" described in Section 214(b)(14), "prohibition
8 of access to records" described in Section
9 214(b)(15), and "injunctive relief" described in
10 Section 214(b)(16), the harm which that remedy is
11 intended to prevent would be likely to occur if the
12 respondent were given any prior notice, or greater
13 notice than was actually given, of the petitioner's
14 efforts to obtain judicial relief;
15 (ii) For the remedy of "grant of exclusive
16 possession of residence" described in Section
17 214(b)(2), the immediate danger of further abuse of
18 petitioner by respondent, if petitioner chooses or
19 had chosen to remain in the residence or household
20 while respondent was given any prior notice or
21 greater notice than was actually given of
22 petitioner's efforts to obtain judicial relief,
23 outweighs the hardships to respondent of an
24 emergency order granting petitioner exclusive
25 possession of the residence or household. This
26 remedy shall not be denied because petitioner has or
27 could obtain temporary shelter elsewhere while prior
28 notice is given to respondent, unless the hardships
29 to respondent from exclusion from the home
30 substantially outweigh those to petitioner;
31 (iii) For the remedy of "possession of
32 personal property" described in Section 214(b)(10),
33 improper disposition of the personal property would
34 be likely to occur if respondent were given any
-8- LRB9004567SMdvam02
1 prior notice, or greater notice than was actually
2 given, of petitioner's efforts to obtain judicial
3 relief, or petitioner has an immediate and pressing
4 need for possession of that property.
5 An emergency order may not include the counseling, legal
6 custody, payment of support or monetary compensation
7 remedies.
8 (b) Appearance by respondent. If respondent appears in
9 court for this hearing for an emergency order, he or she may
10 elect to file a general appearance and testify. Any resulting
11 order may be an emergency order, governed by this Section.
12 Notwithstanding the requirements of this Section, if all
13 requirements of Section 218 have been met, the court may
14 issue a 30-day interim order.
15 (c) Emergency orders: court holidays and evenings.
16 (1) Prerequisites. When the court is unavailable
17 at the close of business, the petitioner may file a
18 petition for a 21-day emergency order before any
19 available circuit judge or associate judge who may grant
20 relief under this Act. If the judge finds that there is
21 an immediate and present danger of abuse to petitioner
22 and that petitioner has satisfied the prerequisites set
23 forth in subsection (a) of Section 217, that judge may
24 issue an emergency order of protection.
25 (1.5) Issuance of order. The chief judge of the
26 circuit court shall designate for each county in the
27 circuit at least one judge to be reasonably available to
28 issue orally, by telephone, by facsimile, or otherwise,
29 an emergency order of protection at all times, whether or
30 not the court is in session.
31 (2) Certification and transfer. Any order issued
32 under this Section and any documentation in support
33 thereof shall be certified on the next court day to the
34 appropriate court. The clerk of that court shall
-9- LRB9004567SMdvam02
1 immediately assign a case number, file the petition,
2 order and other documents with the court, and enter the
3 order of record and file it with the sheriff for service,
4 in accordance with Section 222. Filing the petition
5 shall commence proceedings for further relief under
6 Section 202. Failure to comply with the requirements of
7 this subsection shall not affect the validity of the
8 order.
9 (Source: P.A. 86-966; 87-1186.)
10 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
11 Sec. 222. Notice of orders.
12 (a) Entry and issuance. Upon issuance of any order of
13 protection, the clerk shall immediately, or on the next court
14 day if an emergency order is issued in accordance with
15 subsection (c) of Section 217, (i) enter the order on the
16 record and file it in accordance with the circuit court
17 procedures and (ii) provide a file stamped copy of the order
18 to respondent, if present, and to petitioner.
19 (b) Filing with sheriff. The clerk of the issuing judge
20 shall, or the petitioner may, on the same day that an order
21 of protection is issued, file a certified copy of that order
22 with the sheriff or other law enforcement officials charged
23 with maintaining Department of State Police records or
24 charged with serving the order upon respondent. If the order
25 was issued in accordance with subsection (c) of Section 217,
26 the clerk shall on the next court day, file a certified copy
27 of the order with the Sheriff or other law enforcement
28 officials charged with maintaining Department of State Police
29 records.
30 (c) Service by sheriff. Unless respondent was present
31 in court when the order was issued, the sheriff, other law
32 enforcement official or special process server shall promptly
33 serve that order upon respondent and file proof of such
-10- LRB9004567SMdvam02
1 service, in the manner provided for service of process in
2 civil proceedings. If process has not yet been served upon
3 the respondent, it shall be served with the order. A single
4 fee may be charged for service of an order obtained in civil
5 court, or for service of such an order together with process,
6 unless waived or deferred under Section 210.
7 (c-5) If the person against whom the order of protection
8 is issued is arrested and the written order is issued in
9 accordance with subsection (c) of Section 217 and received by
10 the custodial law enforcement agency before the respondent or
11 arrestee is released from custody, the custodial law
12 enforcement agent shall shall promptly serve the order upon
13 the respondent or arrestee before the respondent or arrestee
14 is released from custody. In no event shall detention of the
15 respondent or arrestee be extended for hearing on the
16 petition for order of protection or receipt of the order
17 issued under Section 217 of this Act.
18 (d) Extensions, modifications and revocations. Any
19 order extending, modifying or revoking any order of
20 protection shall be promptly recorded, issued and served as
21 provided in this Section.
22 (e) Notice to schools. Upon request the clerk of the
23 issuing judge shall file a certified copy of an order of
24 protection with the private school or schools or the
25 principal office of the public school district or districts
26 in which any children of the petitioner are enrolled.
27 (f) Disclosure by schools. After receiving a certified
28 copy of an order of protection that prohibits a respondent's
29 access to records, neither a public or private school nor its
30 employees shall allow a respondent access to a protected
31 child's records or release information in those records to
32 the respondent. The school shall file the copy of the order
33 of protection in the records of a child who is a protected
34 person under the order of protection.
-11- LRB9004567SMdvam02
1 (Source: P.A. 88-306; 89-106, eff. 7-7-95.)
2 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
3 Sec. 302. Data maintenance by law enforcement agencies.
4 (a) All sheriffs shall furnish to the Department of
5 State Police, on the same day as received, in the form and
6 detail the Department requires, copies of any recorded
7 emergency, interim, or plenary orders of protection issued
8 by the court and transmitted to the sheriff by the clerk of
9 the court pursuant to subsection (b) of Section 222 of this
10 Act. Each order of protection shall be entered in the Law
11 Enforcement Automated Data System on the same day it is
12 issued by the court. If an emergency order of protection was
13 issued in accordance with subsection (c) of Section 217, the
14 order shall be entered in the Law Enforcement Automated Data
15 System within 24 hours of receipt from the clerk.
16 (b) The Department of State Police shall maintain a
17 complete and systematic record and index of all valid and
18 recorded orders of protection issued pursuant to this Act.
19 The data shall be used to inform all dispatchers and law
20 enforcement officers at the scene of an alleged incident of
21 abuse, neglect, or exploitation or violation of an order of
22 protection of any recorded prior incident of abuse, neglect,
23 or exploitation involving the abused, neglected, or exploited
24 party and the effective dates and terms of any recorded order
25 of protection.
26 (c) The data, records and transmittals required under
27 this Section shall pertain to any valid emergency, interim or
28 plenary order of protection, whether issued in a civil or
29 criminal proceeding.
30 (Source: P.A. 86-542; 87-1186.)".