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90_HB3162
750 ILCS 60/228 new
Amends the Illinois Domestic Violence Act of 1986.
Provides that an order of protection against domestic
violence issued by the court of another state, territory, or
Indian tribe may be registered by a court of this State if
certain conditions are met. Establishes civil immunity for a
court, law enforcement officer, or other person who enforces
the order of protection against domestic violence based upon
a reasonable belief that the order is valid. Effective
immediately.
LRB9010776RCks
LRB9010776RCks
1 AN ACT to amend the Illinois Domestic Violence Act of
2 1986 by adding Section 228.
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 adding Section 228 as follows:
7 (750 ILCS 60/228 new)
8 Sec. 228. Registration of an order of protection issued
9 in another state; exceptions; presumptions; immunity.
10 (a) A person may apply to a court of this State to
11 register an order of protection against domestic violence
12 issued by the court of another state, territory, or Indian
13 tribe within the United States by presenting a certified copy
14 of the order to the clerk of the court in a judicial circuit
15 in which the person believes that enforcement may be
16 necessary.
17 (b) Except as otherwise provided in subsection (d) of
18 this Section, upon application by the protected party under
19 subsection (a) of this Section, a court of competent
20 jurisdiction in this State shall register the order if:
21 (1) The court determines that the issuing court had
22 proper jurisdiction over the parties and the subject
23 matter under the laws of the state, territory, or tribe;
24 and
25 (2) The court determines that the adverse party was
26 given reasonable notice and an opportunity to be heard
27 before the order was issued or, in the case of an ex
28 parte order, the adverse party was given reasonable
29 notice and an opportunity to be heard as soon as possible
30 after the order was issued.
31 (c) An order that is registered has the same effect and
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1 shall be enforced in like manner as an order of protection
2 issued by a court of this State.
3 (d) The court may refuse to register and enforce the
4 order and may determine whether to issue its own emergency,
5 interim, or plenary order if the order of protection against
6 domestic violence issued by the court of another state,
7 territory, or Indian tribe was a mutual order of protection
8 against domestic violence and:
9 (1) No counter or cross-petition was filed seeking
10 the protection order;
11 (2) A counter or cross-petition was filed and the
12 court did not make a specific finding of domestic
13 violence by both parties; or
14 (3) The person who is applying to register the
15 order has violated a law of the State of Illinois
16 relating to a different protection order issued against
17 him or her.
18 (e) A temporary or extended order of another state,
19 territory, or Indian tribe presented pursuant to this Section
20 that appears authentic on its face shall be presumed valid.
21 (f) A court, law enforcement officer, or any other
22 person who enforces an order of protection against domestic
23 violence based upon a reasonable belief that the order is
24 valid is immune from civil liability for any action taken
25 based on that belief.
26 (g) The clerk of the court shall maintain a record of
27 each order registered under this Section.
28 (h) The clerk shall not charge a fee for an application
29 to register or for registering an order under this Section.
30 (i) The sheriff shall inform the protected party upon
31 the successful transmission of information concerning the
32 registration to the Department of State Police as set forth
33 in Section 302 of this Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.