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Public Act 094-0360
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| HB0617 Enrolled |
LRB094 03491 LCB 33494 b |
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AN ACT concerning civil liabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil No Contact Order Act is amended by |
changing Sections 213, 214, and 216 as follows:
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(740 ILCS 22/213)
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Sec. 213. Civil no contact order; remedies
remedy.
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(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.
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(b) A civil no contact order shall order
one or more of the |
following:
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(1) order the respondent to stay away from the |
petitioner; or
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(2) other injunctive relief necessary or appropriate.
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(c) Denial of a remedy may not be based, in whole or in |
part, on
evidence that:
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(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;
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(2) the respondent was voluntarily intoxicated;
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(3) the petitioner acted in self-defense or defense of |
another,
provided that, if the petitioner utilized force, |
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such force was
justifiable under Article VII of the |
Criminal Code of 1961;
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(4) the petitioner did not act in self-defense or |
defense of
another;
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(5) the petitioner left the residence or household to |
avoid
further non-consensual sexual conduct or |
non-consensual sexual penetration
by the respondent; or
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(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.
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(d) Monetary damages are not recoverable as a remedy.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/214)
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Sec. 214. Emergency civil no contact order.
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(a) An emergency civil no contact order shall issue if
the |
petitioner satisfies the requirements of this subsection (a). |
The
petitioner
shall establish that:
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(1) the court has jurisdiction under Section 206;
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(2) the requirements of Section 213 are satisfied; and
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(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.
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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 conduct or nonconsensual |
sexual penetration by the respondent and to support the |
granting of relief under the issuance of the civil no contact |
order.
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An emergency civil no contact order shall be issued if the |
court finds that subsections (1), (2), and (3) above are met.
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(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
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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.
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(c) Emergency orders; court holidays and evenings.
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(1) When the court is unavailable at the close
of |
business, the petitioner may file a petition for a 21-day
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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.
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(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.
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(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
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order.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/216)
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Sec. 216. Duration and extension of orders.
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(a) Unless re-opened or
extended or voided by entry of an |
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order of greater duration, an emergency
order shall be |
effective for not less than 14 nor more than 21 days.
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(b) Except as otherwise provided in
this Section, a plenary |
civil no contact order shall be effective for a fixed
period of |
time, not to exceed 2 years. A plenary civil no contact order
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entered in conjunction with a criminal prosecution shall remain |
in effect as
follows:
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(1) if entered during pre-trial release, until |
disposition, withdrawal,
or
dismissal of the underlying |
charge; if however, the case is continued as an
independent |
cause of action, the order's duration may be for a fixed |
period of
time not to exceed 2 years;
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(2) if in effect in conjunction with a bond forfeiture |
warrant, until
final disposition or an additional period of |
time not exceeding 2 years; no
civil no contact order
order |
of protection, however, shall be terminated by a dismissal |
that is
accompanied by the issuance of a bond forfeiture |
warrant;
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(3) until expiration of any supervision, conditional |
discharge,
probation, periodic imprisonment, parole, or |
mandatory supervised release and
for an additional period |
of time thereafter not exceeding 2 years; or
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(4) until the date set by the court for expiration of |
any sentence of
imprisonment and subsequent parole or |
mandatory supervised release and for an
additional period |
of time thereafter not exceeding 2 years.
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(c) Any emergency or plenary order
may be extended one or |
more times, as required, provided that the
requirements of |
Section 214 or 215, as appropriate, are satisfied.
If the |
motion for extension is uncontested and the petitioner seeks no
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modification of the order, the order may be extended on the |
basis of
the petitioner's motion or affidavit stating that |
there has been no material
change in relevant circumstances |
since entry of the order and stating
the reason for the |
requested extension. Extensions may be granted only
in open |
court and not under the provisions of subsection (c) of Section
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214, which applies only when the court is unavailable at the |
close of
business or on a court holiday.
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(d) Any civil no contact order which would expire
on a |
court holiday shall instead expire at the close of the next |
court
business day.
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(e) The practice of dismissing or suspending
a criminal |
prosecution in exchange for the issuance of a civil no contact
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order undermines the purposes of this Act. This Section shall |
not
be construed as encouraging that practice.
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(Source: P.A. 93-236, eff. 1-1-04.)
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