Public Act 093-0811
 
HB4395 EnrolledLRB093 18410 LCB 44118 b

    AN ACT concerning protective orders.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-3 as follows:
 
    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
    Sec. 112A-3. Definitions. For the purposes of this Article,
the following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
    (2) "Domestic violence" means abuse as described in
paragraph (1).
    (3) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in paragraph (3) of subsection (b) of
Section 12-21 of the Criminal Code of 1961. For purposes of
this paragraph, neither a casual acquaintanceship nor ordinary
fraternization between 2 individuals in business or social
contexts shall be deemed to constitute a dating relationship.
    (4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    employment or school;
        (ii) repeatedly telephoning petitioner's place of
    employment, home or residence;
        (iii) repeatedly following petitioner about in a
    public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    by remaining present outside his or her home, school, place
    of employment, vehicle or other place occupied by
    petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    petitioner, repeatedly threatening to improperly remove a
    minor child of petitioner's from the jurisdiction or from
    the physical care of petitioner, repeatedly threatening to
    conceal a minor child from petitioner, or making a single
    such threat following an actual or attempted improper
    removal or concealment, unless respondent was fleeing from
    an incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    restraint on one or more occasions.
    (5) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
    (6) "Intimidation of a dependent" means subjecting a person
who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which
constitutes physical abuse as defined in this Article,
regardless of whether the abused person is a family or
household member.
    (7) "Order of protection" means an emergency order, interim
order or plenary order, granted pursuant to this Article, which
includes any or all of the remedies authorized by Section
112A-14 of this Code.
    (8) "Petitioner" may mean not only any named petitioner for
the order of protection and any named victim of abuse on whose
behalf the petition is brought, but also any other person
protected by this Article.
    (9) "Physical abuse" includes sexual abuse and means any of
the following:
        (i) knowing or reckless use of physical force,
    confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    deprivation; or
        (iii) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    (9.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
    (10) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care and
treatment when such dependent person has expressed the intent
to forgo such medical care or treatment. This paragraph does
not create any new affirmative duty to provide support to
dependent persons.
(Source: P.A. 92-253, eff. 1-1-02.)
 
    Section 8. The Civil No Contact Order Act is amended by
changing Sections 103, 202, 213, 214, 217, and 218 and by
adding Sections 204.3 and 218.5 as follows:
 
    (740 ILCS 22/103)
    Sec. 103. Definitions. As used in this Act:
    "Abuse" means physical abuse, harassment, intimidation of
a dependent, or interference with personal liberty.
    "Civil no contact order" means an emergency order or
plenary order granted under this Act, which includes a remedy
authorized by Section 213 of this Act.
    "Non-consensual" means a lack of freely given agreement.
    "Petitioner" means any named petitioner for the no contact
order or any named victim of non-consensual sexual conduct or
non-consensual sexual penetration on whose behalf the petition
is brought.
    "Sexual conduct" means any intentional or knowing touching
or fondling by the petitioner or the respondent, either
directly or through clothing, of the sex organs, anus, or
breast of the petitioner or the respondent, or any part of the
body of a child under 13 years of age, or any transfer or
transmission of semen by the respondent upon any part of the
clothed or unclothed body of the petitioner, for the purpose of
sexual gratification or arousal of the petitioner or the
respondent.
    "Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person by an object, the
sex organ, mouth or anus of another person, or any intrusion,
however slight, of any part of the body of one person or of any
animal or object into the sex organ or anus of another person,
including but not limited to cunnilingus, fellatio or anal
penetration. Evidence of emission of semen is not required to
prove sexual penetration.
    "Stay away" means to refrain from both physical presence
and nonphysical contact with the petitioner directly,
indirectly, or through third parties who may or may not know of
the order. "Nonphysical contact" includes, but is not limited
to, telephone calls, mail, e-mail, fax, and written notes.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/202)
    Sec. 202. Commencement of action; filing fees.
    (a) An action for a civil no contact order is commenced:
        (1) independently, by filing a petition for a civil no
    contact order in any civil court, unless specific courts
    are designated by local rule or order; or
        (2) in conjunction with a delinquency petition or a
    criminal prosecution, by filing a petition for a civil no
    contact order 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, 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 victim is a person 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) Withdrawal or dismissal of any petition for a civil no
contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a civil no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) 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 a civil no contact order; instead,
it may be treated as an independent action and, if necessary
and appropriate, transferred to a different court or division.
    (c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. 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.
    (d) The court shall provide, through the office of the
clerk of the court, simplified forms for and clerical
assistance to help with the writing and filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/204.3 new)
    Sec. 204.3. Appointment of counsel. The court may appoint
counsel to represent the petitioner if the respondent is
represented by counsel.
 
    (740 ILCS 22/213)
    Sec. 213. Civil no contact order; remedy.
    (a) If the court finds that the petitioner has been a
victim of non-consensual sexual conduct or non-consensual
sexual penetration, a civil no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 214 on emergency orders or Section 215 on plenary
orders. The petitioner shall not be denied a civil no contact
order because the petitioner or the respondent is a minor. The
court, when determining whether or not to issue a civil no
contact order, may not require physical injury on the person of
the victim. Modification and extension of prior civil no
contact orders shall be in accordance with this Act.
    (b) A civil no contact order shall order one or more of the
following:
        (1) order the respondent to stay away from the
    petitioner; or
        (2) other injunctive relief necessary or appropriate.
    Order the respondent to stay away from any other person
    protected by the civil no contact order;
        (3) prohibit the respondent from abuse, as defined in
    this Act, or stalking of the petitioner, as defined in
    Section 12-7.3 of the Criminal Code of 1961, if the abuse
    or stalking has occurred or otherwise appears likely to
    occur if not prohibited; or
        (4) prohibit the respondent from entering or remaining
    present at the petitioner's school or place of employment,
    or both, or other specified places at times when the
    petitioner is present, if reasonable, given the balance of
    hardships. Hardships need not be balanced for the court to
    enter a stay away order or prohibit entry if the respondent
    has no right to enter the premises.
    (c) Denial of a remedy may not be based, in whole or in
part, on evidence that:
        (1) the respondent has cause for any use of force,
    unless that cause satisfies the standards for justifiable
    use of force provided by Article VII of the Criminal Code
    of 1961;
        (2) the respondent was voluntarily intoxicated;
        (3) the petitioner acted in self-defense or defense of
    another, provided that, if the petitioner utilized force,
    such force was justifiable under Article VII of the
    Criminal Code of 1961;
        (4) the petitioner did not act in self-defense or
    defense of another;
        (5) the petitioner left the residence or household to
    avoid further non-consensual sexual conduct or
    non-consensual sexual penetration by the respondent; or
        (6) the petitioner did not leave the residence or
    household to avoid further non-consensual sexual conduct
    or non-consensual sexual penetration by the respondent.
    (d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/214)
    Sec. 214. Emergency civil no contact order.
    (a) An emergency civil no contact order shall issue if the
petitioner satisfies the requirements of this subsection (a).
The petitioner shall establish that:
        (1) the court has jurisdiction under Section 206 208;
        (2) the requirements of Section 213 are satisfied; and
        (3) there is good cause to grant the remedy, regardless
    of prior service of process or of notice upon the
    respondent, because the harm which that remedy is intended
    to prevent would be likely to occur if the respondent were
    given any prior notice, or greater notice than was actually
    given, of the petitioner's efforts to obtain judicial
    relief.
    An emergency civil no contact order shall be issued by the
court if it appears from the contents of the petition and the
examination of the petitioner that the averments are sufficient
to indicate nonconsensual sexual penetration by the respondent
and to support the granting of relief under the issuance of the
civil no contact order.
    An emergency civil no contact order shall be issued if the
court finds that subsections (1), (2), and (3) above are met.
    (b) If the respondent appears in court for this hearing for
an emergency order, he or she may elect to file a general
appearance and testify. Any resulting order may be an emergency
order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section
215 have been met, the court may issue a plenary order.
    (c) Emergency orders; court holidays and evenings.
        (1) When the court is unavailable at the close of
    business, the petitioner may file a petition for a 21-day
    emergency order before any available circuit judge or
    associate judge who may grant relief under this Act. If the
    judge finds that there is an immediate and present danger
    of abuse against the petitioner and that the petitioner has
    satisfied the prerequisites set forth in subsection (a),
    that judge may issue an emergency civil no contact order.
        (2) The chief judge of the circuit court may designate
    for each county in the circuit at least one judge to be
    reasonably available to issue orally, by telephone, by
    facsimile, or otherwise, an emergency civil no contact
    order at all times, whether or not the court is in session.
        (3) Any order issued under this Section and any
    documentation in support of the order shall be certified on
    the next court day to the appropriate court. The clerk of
    that court shall immediately assign a case number, file the
    petition, order, and other documents with the court, and
    enter the order of record and file it with the sheriff for
    service, in accordance with Section 222. Filing the
    petition shall commence proceedings for further relief
    under Section 202. Failure to comply with the requirements
    of this paragraph (3) does not affect the validity of the
    order.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/217)
    Sec. 217. Contents of orders.
    (a) Any civil no contact order shall describe each remedy
granted by the court, in reasonable detail and not by reference
to any other document, so that the respondent may clearly
understand what he or she must do or refrain from doing.
    (b) A civil no contact order shall further state the
following:
        (1) The name of each petitioner that the court finds
    was the victim of non-consensual sexual conduct or
    non-consensual sexual penetration by the respondent and
    the name of each other person protected by the order and
    that the person is protected by this Act.
        (2) The date and time the civil no contact order was
    issued, whether it is an emergency or plenary order, and
    the duration of the order.
        (3) The date, time, and place for any scheduled hearing
    for extension of that civil no contact order or for another
    order of greater duration or scope.
        (4) For each remedy in an emergency civil no contact
    order, the reason for entering that remedy without prior
    notice to the respondent or greater notice than was
    actually given.
        (5) For emergency civil no contact orders, that the
    respondent may petition the court, in accordance with
    Section 218.5, to reopen the order if he or she did not
    receive actual prior notice of the hearing as required
    under Section 209 of this Act and if the respondent alleges
    that he or she had a meritorious defense to the order or
    that the order or its remedy is not authorized by this Act.
    (c) A civil no contact order shall include the following
notice, printed in conspicuous type: "Any knowing violation of
a civil no contact order is a Class A misdemeanor. Any second
or subsequent violation is a Class 4 felony."
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/218)
    Sec. 218. Notice of orders.
    (a) Upon issuance of any civil no contact order, the clerk
shall immediately, or on the next court day if an emergency
order is issued in accordance with subsection (c) of Section
214:
        (1) enter the order on the record and file it in
    accordance with the circuit court procedures; and
        (2) provide a file stamped copy of the order to the
    respondent, if present, and to the petitioner.
    (b) The clerk of the issuing judge shall, or the petitioner
may, on the same day that a civil no contact order is issued,
file a certified copy of that order with the sheriff or other
law enforcement officials charged with maintaining Department
of State Police records or charged with serving the order upon
the respondent. If the order was issued in accordance with
subsection (c) of Section 214, the clerk shall, on the next
court day, file a certified copy of the order with the Sheriff
or other law enforcement officials charged with maintaining
Department of State Police records.
    (c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. If
process has not yet been served upon the respondent, it shall
be served with the order or short form notification. A single
fee may be charged for service of an order obtained in civil
court, or for service of such an order together with process,
unless waived or deferred under Section 208.
    (d) If the person against whom the civil no contact order
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 214 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for civil no contact order or receipt of the order issued under
Section 214 of this Act.
    (e) Any order extending, modifying, or revoking any civil
no contact order shall be promptly recorded, issued, and served
as provided in this Section.
    (f) Upon the request of the petitioner, within 24 hours of
the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/218.5 new)
    Sec. 218.5. Modification; reopening of orders.
    (a) Except as otherwise provided in this Section, upon
motion by the petitioner, the court may modify an emergency or
plenary civil no contact order by altering the remedy, subject
to Section 213.
    (b) After 30 days following entry of a plenary civil no
contact order, a court may modify that order only when a change
in the applicable law or facts since that plenary order was
entered warrants a modification of its terms.
    (c) Upon 2 days' notice to the petitioner, or such shorter
notice as the court may prescribe, a respondent subject to an
emergency civil no contact order issued under this Act may
appear and petition the court to rehear the original or amended
petition. Any petition to rehear shall be verified and shall
allege the following:
        (1) that the respondent did not receive prior notice of
    the initial hearing in which the emergency order was
    entered under Sections 209 and 214; and
        (2) that the respondent had a meritorious defense to
    the order or any of its remedies or that the order or any
    of its remedies was not authorized by this Act.
 
    Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 103 as follows:
 
    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
    Sec. 103. Definitions. For the purposes of this Act, the
following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
    (2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A person
may be an adult with disabilities for purposes of this Act even
though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or
continued on behalf of an adult with disabilities over that
adult's objection, unless such proceeding is approved by his or
her legal guardian, if any.
    (3) "Domestic violence" means abuse as defined in paragraph
(1).
    (4) "Elder adult with disabilities" means an adult
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or household
member.
    (5) "Exploitation" means the illegal, including tortious,
use of a high-risk adult with disabilities or of the assets or
resources of a high-risk adult with disabilities. Exploitation
includes, but is not limited to, the misappropriation of assets
or resources of a high-risk adult with disabilities by undue
influence, by breach of a fiduciary relationship, by fraud,
deception, or extortion, or the use of such assets or resources
in a manner contrary to law.
    (6) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in paragraph (3) of subsection (b) of
Section 12-21 of the Criminal Code of 1961. For purposes of
this paragraph, neither a casual acquaintanceship nor ordinary
fraternization between 2 individuals in business or social
contexts shall be deemed to constitute a dating relationship.
In the case of a high-risk adult with disabilities, "family or
household members" includes any person who has the
responsibility for a high-risk adult as a result of a family
relationship or who has assumed responsibility for all or a
portion of the care of a high-risk adult with disabilities
voluntarily, or by express or implied contract, or by court
order.
    (7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    employment or school;
        (ii) repeatedly telephoning petitioner's place of
    employment, home or residence;
        (iii) repeatedly following petitioner about in a
    public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    by remaining present outside his or her home, school, place
    of employment, vehicle or other place occupied by
    petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    petitioner, repeatedly threatening to improperly remove a
    minor child of petitioner's from the jurisdiction or from
    the physical care of petitioner, repeatedly threatening to
    conceal a minor child from petitioner, or making a single
    such threat following an actual or attempted improper
    removal or concealment, unless respondent was fleeing an
    incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    restraint on one or more occasions.
    (8) "High-risk adult with disabilities" means a person aged
18 or over whose physical or mental disability impairs his or
her ability to seek or obtain protection from abuse, neglect,
or exploitation.
    (9) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
    (10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which
constitutes physical abuse as defined in this Act, regardless
of whether the abused person is a family or household member.
    (11) (A) "Neglect" means the failure to exercise that
degree of care toward a high-risk adult with disabilities which
a reasonable person would exercise under the circumstances and
includes but is not limited to:
        (i) the failure to take reasonable steps to protect a
    high-risk adult with disabilities from acts of abuse;
        (ii) the repeated, careless imposition of unreasonable
    confinement;
        (iii) the failure to provide food, shelter, clothing,
    and personal hygiene to a high-risk adult with disabilities
    who requires such assistance;
        (iv) the failure to provide medical and rehabilitative
    care for the physical and mental health needs of a
    high-risk adult with disabilities; or
        (v) the failure to protect a high-risk adult with
    disabilities from health and safety hazards.
    (B) Nothing in this subsection (10) shall be construed to
impose a requirement that assistance be provided to a high-risk
adult with disabilities over his or her objection in the
absence of a court order, nor to create any new affirmative
duty to provide support to a high-risk adult with disabilities.
    (12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by Section
214 of this Act.
    (13) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other person
protected by this Act.
    (14) "Physical abuse" includes sexual abuse and means any
of the following:
        (i) knowing or reckless use of physical force,
    confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    deprivation; or
        (iii) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    (14.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
    (15) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or treatment
when the dependent person has expressed an intent to forgo such
medical care or treatment. This paragraph does not create any
new affirmative duty to provide support to dependent persons.
(Source: P.A. 92-253, eff. 1-1-02.)

Effective Date: 1/1/2005