Public Act 099-0718
 
HB6109 EnrolledLRB099 18385 HEP 42760 b


  
    AN ACT concerning domestic violence.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Supreme Court Act is amended  by adding 
Section 7.5 as follows:
 
    (705 ILCS 5/7.5 new)
    Sec. 7.5. Electronic filing pilot program. The Supreme 
Court may establish a pilot program for the filing of petitions 
for temporary orders of protection by electronic means and for 
the issuance of such orders by audio-visual means pursuant to 
the Illinois Domestic Violence Act of 1986. The administrative 
director shall maintain an up-to-date and publicly-available 
listing of the sites, if any, at which a petition for an ex 
parte temporary order of protection may be filed, and at which 
electronic appearances in support of the petition may be made, 
in accordance with the Illinois Domestic Violence Act of 1986. 
In developing the pilot program, the administrative director 
shall strive for a program that is regionally diverse and takes 
into consideration, among other things, the availability of 
public transportation, population density, and the 
availability of facilities for conducting the program.
 
    Section 10. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 202 as follows:
 


    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)




    Sec. 202. Commencement of action; filing fees; dismissal. 

    (a) How to commence action.  Actions for orders of 
protection are commenced:

        (1) Independently:  By filing a petition for an order of 
    protection in
any civil court, unless specific courts are 
    designated by local rule or order.

        (2) In conjunction with another civil proceeding: By

    filing a petition for an order of protection under the same 
    case number
as another civil proceeding involving the 
    parties, including but not
limited to: (i) any proceeding 
    under the Illinois Marriage and Dissolution of
Marriage 
    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse 
    and
Children Act, Revised Uniform Reciprocal Enforcement 
    of Support Act or an
action for nonsupport brought under 
    Article 10 of the
Illinois Public Aid
Code, provided that a 
    petitioner and
the respondent are a party to or the subject 
    of that proceeding or (ii) a
guardianship proceeding under 
    the Probate Act of
1975, or a proceeding for involuntary

    commitment under the Mental Health and Developmental 
    Disabilities Code, or
any proceeding, other than a 
    delinquency petition, under the Juvenile Court
Act of 1987, 
    provided that a petitioner or the
respondent is a party to 
    or the subject of such proceeding.

        (3) In conjunction with a delinquency petition or a

    criminal prosecution:  By filing a petition
for an order of 
    protection, under the same case number as the delinquency

    petition or criminal prosecution, to be
granted during 
    pre-trial release of a defendant, with any dispositional 
    order
issued under Section 5-710 of the Juvenile Court Act 
    of 1987
or as a condition of release, supervision, 
    conditional discharge,
probation, periodic imprisonment, 
    parole, aftercare release, or mandatory supervised 
    release, or
in conjunction with imprisonment or a bond 
    forfeiture warrant; provided that:

            (i) the violation is alleged in an information, 
        complaint, indictment
or delinquency petition on file, 
        and the alleged offender and victim are
family or 
        household members or persons protected by this Act; and

            (ii) the petition, which is filed by the State's 
        Attorney, names a
victim of the alleged crime as a 
        petitioner.

    (b) Filing, certification, and service fees.  No fee shall 
be charged
by the clerk for filing, amending, vacating, 
certifying, or photocopying
petitions or orders; or for issuing 
alias summons; or for any
related filing service.  No
fee shall 
be charged by the sheriff for service by the sheriff of a

petition,
rule, motion, or order in an action commenced under 
this Section.

    (c) Dismissal and consolidation.  Withdrawal or dismissal 
of any
petition for an order of protection prior to 
adjudication where the
petitioner is represented by the State 
shall operate as a dismissal without
prejudice.  No action for 
an order of protection shall be dismissed because
the 
respondent is being prosecuted for a crime against the 
petitioner. An
independent action may be consolidated with 
another civil proceeding, as
provided by paragraph (2) of 
subsection (a) of this Section.  For any
action commenced under 
paragraph (2) or (3) of subsection (a) of this Section,

dismissal of the conjoined case (or a finding of not guilty) 
shall not
require dismissal of the action
for the order of 
protection; instead, it may be treated as an
independent action 
and, if necessary and appropriate, transferred to a
different 
court or division. Dismissal of any conjoined case shall not 
affect
the
validity of any previously issued order of 
protection, and thereafter
subsections (b)(1) and (b)(2) of 
Section 220 shall be inapplicable to
such order.

    (d) Pro se petitions.  The court shall provide, through the 
office of
the clerk of the court, simplified forms and clerical 
assistance to help
with the writing and filing of a petition 
under this Section by any person
not represented by counsel.  In 
addition, that assistance may be provided
by the state's 
attorney.

    (e)
    As provided in this subsection, the administrative 
director of the Administrative Office of the Illinois Courts, 
with the approval of the administrative board of the courts, 
may adopt rules to establish and implement a pilot program to 
allow the electronic filing of petitions for temporary orders 
of protection and the issuance of such orders by audio-visual 
means to accommodate litigants for whom attendance in court to 
file for and obtain emergency relief would constitute an undue 
hardship or would constitute a risk of harm to the litigant.
        (1)     As used in this subsection:
            (A)    "Electronic means" means any method of 
        transmission of information between computers or other 
        machines designed for the purpose of sending or 
        receiving electronic transmission and that allows for 
        the recipient of information to reproduce the 
        information received in a tangible medium of 
        expression.
            (B)      "Independent audio-visual system" means an 
        electronic system for the transmission and receiving 
        of audio and visual signals, including those with the 
        means to preclude the unauthorized reception and 
        decoding of the signals by commercially available 
        television receivers, channel converters, or other 
        available receiving devices.
            (C)      "Electronic     appearance" means an appearance in 
        which one or more of the parties are not present in the 
        court, but in which, by means of an independent 
        audio-visual system, all of the participants are 
        simultaneously able to see and hear reproductions of 
        the voices and images of the judge, counsel, parties, 
        witnesses, and any other participants.
        (2)         Any pilot program under this subsection (e) shall 
    be developed by the administrative director or his or her 
    delegate in consultation with at least one local 
    organization providing assistance to domestic violence 
    victims. The program plan shall include but not be limited 
    to:
            (A)     identification of agencies equipped with or 
        that have access to an independent audio-visual system 
        and electronic means for filing documents; and
            (B)     identification of one or more organizations 
        who are trained and available to assist petitioners in 
        preparing and filing petitions for temporary orders of 
        protection and in their electronic appearances before 
        the court to obtain such orders; and
            (C)     identification of the existing resources 
        available in local family courts for the 
        implementation and oversight of the pilot program; and
            (D)     procedures for filing petitions and documents 
        by electronic means, swearing in the petitioners and 
        witnesses, preparation of a transcript of testimony 
        and evidence presented, and a prompt transmission of 
        any orders issued to the parties; and
            (E)     a timeline for implementation and a plan for 
        informing the public about the availability of the 
        program; and
            (F)      a description of the data to be collected in 
        order to evaluate and make recommendations for 
        improvements to the pilot program.
        (3)    In conjunction with an electronic appearance, any 
    petitioner for an ex parte temporary order of protection 
    may, using the assistance of a trained advocate if 
    necessary, commence the proceedings by filing a petition by 
    electronic means.
            (A)     A petitioner who is seeking an ex parte 
        temporary order of protection using an electronic 
        appearance must file a petition in advance of the 
        appearance and may do so electronically.
            (B)     The petitioner must show that traveling to or 
        appearing in court would constitute an undue hardship 
        or create a risk of harm to the petitioner. In granting 
        or denying any relief sought by the petitioner, the 
        court shall state the names of all participants and 
        whether it is granting or denying an appearance by 
        electronic means and the basis for such a 
        determination. A party is not required to file a 
        petition or other document by electronic means or to 
        testify by means of an electronic appearance.
            (C)     Nothing in this subsection (e)  affects or 
        changes any existing laws governing the service of 
        process, including requirements for personal service 
        or the sealing and confidentiality of court records in 
        court proceedings or access to court records by the 
        parties to the proceedings.
        (4)        Appearances.
            (A)     All electronic appearances by a petitioner 
        seeking an ex parte temporary order of protection under 
        this subsection (e)  are strictly voluntary and the 
        court shall obtain the consent of the  petitioner on the 
        record at the commencement of each appearance.
            (B)    Electronic appearances under this subsection 
        (e) shall be recorded and preserved for transcription. 
        Documentary evidence, if any, referred to by a party or 
        witness or the court may be transmitted and submitted 
        and introduced by electronic means. 
(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16.)