Public Act 096-0311
 
HB3918 Enrolled LRB096 08531 AJO 22454 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Civil No Contact Order Act is amended by
changing Sections 103, 201, 212, 213, 216, and 217 and by
adding Sections 101.1, 204.2, 213.7, 215.5, and Section 220 as
follows:
 
    (740 ILCS 22/101.1 new)
    Sec. 101.1. Designation of parties. Subsection (e) of
Section 2-401 of the Code of Civil Procedure regarding
designation of parties applies to petitions under this Act.
 
    (740 ILCS 22/103)
    Sec. 103. Definitions. As used in this Act:
    "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.
    "Family or household members" include spouses, parents,
children, stepchildren, and persons who share a common
dwelling.
    "Non-consensual" means a lack of freely given agreement.
    "Petitioner" may mean not only any named petitioner for the
civil no contact order and any named victim of non-consensual
sexual conduct or non-consensual sexual penetration on whose
behalf the petition is brought, but also any other person
sought to be protected by this Act.
    "Respondent" in a petition for a civil no contact order may
mean not only the person alleged to have committed an act of
non-consensual sexual conduct or non-consensual sexual
penetration against the petitioner, but also any other named
person alleged to have aided and abetted such an act of
non-consensual sexual conduct or non-consensual sexual
penetration.
    "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; 93-811, eff. 1-1-05.)
 
    (740 ILCS 22/201)
    Sec. 201. Persons protected by this Act.
    (a) The following persons are protected by this Act:
        (1) any victim of non-consensual sexual conduct or
    non-consensual sexual penetration on whose behalf the
    petition is brought;
        (2) any family or household member of the named victim;
    and
        (3) any employee of or volunteer at a rape crisis
    center that is providing services to the petitioner or the
    petitioner's family or household member.
    (b) A petition for a civil no contact order may be filed:
        (1) by any person who is a victim of non-consensual
    sexual conduct or non-consensual sexual penetration,
    including a single incident of non-consensual sexual
    conduct or non-consensual sexual penetration; or
        (2) by a person on behalf of a minor child or an adult
    who is a victim of non-consensual sexual conduct or
    non-consensual sexual penetration but, because of age,
    disability, health, or inaccessibility, cannot file the
    petition.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/204.2 new)
    Sec. 204.2. Application of privileges. The filing of a
petition for a civil no contact order does not in any way
constitute a waiver of any privilege that otherwise protects
any medical, mental health, or other records of the petitioner,
absent a release by the petitioner, pursuant to federal or
State Acts including but not limited to: the federal Health
Insurance Portability and Accountability Act (HIPAA); Illinois
Medical Patient Rights Act; Mental Health and Developmental
Disabilities Confidentiality Act; and Sections 8-802 and
8-802.1 of the Code of Civil Procedure.
 
    (740 ILCS 22/212)
    Sec. 212. Prior sexual activity or reputation as evidence.
Hearsay exception.
    (a) In proceedings for a civil no contact order and
prosecutions for violating a civil no-contact order, the prior
sexual activity or the reputation of the petitioner is
inadmissible except:
        (1) as evidence concerning the past sexual conduct of
    the petitioner with the respondent when this evidence is
    offered by the respondent upon the issue of whether the
    petitioner consented to the sexual conduct with respect to
    which the offense is alleged; or
        (2) when constitutionally required to be admitted.
    (b) No evidence admissible under this Section may be
introduced unless ruled admissible by the trial judge after an
offer of proof has been made at a hearing held in camera to
determine whether the respondent has evidence to impeach the
witness in the event that prior sexual activity with the
respondent is denied. The offer of proof shall include
reasonably specific information as to the date, time, and place
of the past sexual conduct between the petitioner and the
respondent. Unless the court finds that reasonably specific
information as to date, time, or place, or some combination
thereof, has been offered as to prior sexual activity with the
respondent, counsel for the respondent shall be ordered to
refrain from inquiring into prior sexual activity between the
petitioner and the respondent. The court may not admit evidence
under this Section unless it determines at the hearing that the
evidence is relevant and the probative value of the evidence
outweighs the danger of unfair prejudice or embarrassment to
the petitioner. The evidence shall be admissible at trial to
the extent an order made by the court specifies the evidence
that may be admitted and areas with respect to which the
petitioner may be examined or cross examined.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    (740 ILCS 22/213)
    Sec. 213. Civil no contact order; remedies.
    (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) (Blank). 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.
    (b-5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming
    within, or knowingly remaining within, a specified
    distance from the petitioner;
        (2) restrain the respondent from having any contact,
    including nonphysical contact, with the petitioner
    directly, indirectly, or through third parties, regardless
    of whether those third parties know of the order;
        (3) prohibit the respondent from knowingly coming
    within, or knowingly remaining within, a specified
    distance from the petitioner's residence, school, day care
    or other specified location;
        (4) order the respondent to stay away from any property
    or animal owned, possessed, leased, kept, or held by the
    petitioner and forbid the respondent from taking,
    transferring, encumbering, concealing, harming, or
    otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or
    appropriate for the protection of the petitioner.
    (b-6) When the petitioner and the respondent attend the
same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider, among the other facts of the case, the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, and the expense,
difficulty, and educational disruption that would be caused by
a transfer of the respondent to another school. The court may
order that the respondent not attend the public or private
elementary, middle, or high school attended by the petitioner.
In the event the court orders a transfer of the respondent to
another school, the parents or legal guardians of the
respondent are responsible for transportation and other costs
associated with the change of school by the respondent.
    (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; 93-811, eff. 1-1-05; 94-360,
eff. 1-1-06.)
 
    (740 ILCS 22/213.7 new)
    Sec. 213.7. Aiding and abetting non-consensual sexual
conduct or non-consensual sexual penetration. A person aids and
abets an act of non-consensual sexual conduct or non-consensual
sexual penetration when, before or during the commission of an
act of non-consensual sexual conduct or non-consensual sexual
penetration as defined in Section 103 and with the intent to
promote or facilitate such conduct, he or she intentionally
aids or abets another in the planning or commission of
non-consensual sexual conduct or non-consensual sexual
penetration, unless before the commission of the offense he or
she makes proper effort to prevent the commission of the
offense.
 
    (740 ILCS 22/215.5 new)
    Sec. 215.5. Petitioner testimony at plenary civil no
contact order hearing. In a plenary civil no contact order
hearing, if a court finds that testimony by the petitioner in
the courtroom may result in serious emotional distress to the
petitioner, the court may order that the examination of the
petitioner be conducted in chambers. Counsel shall be present
at the examination unless otherwise agreed upon by the parties.
The court shall cause a court reporter to be present who shall
make a complete record of the examination instantaneously to be
part of the record in the case.
 
    (740 ILCS 22/216)
    Sec. 216. Duration and extension of orders.
    (a) Unless re-opened or extended or voided by entry of an
order of greater duration, an emergency order shall be
effective for not less than 14 nor more than 21 days.
    (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
entered in conjunction with a criminal prosecution shall remain
in effect as follows:
        (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;
        (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,
    however, shall be terminated by a dismissal that is
    accompanied by the issuance of a bond forfeiture warrant;
        (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
        (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.
    (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
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
214, which applies only when the court is unavailable at the
close of business or on a court holiday.
    (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.
    (d-5) An extension of a plenary civil no contact order may
be granted, upon good cause shown, to remain in effect until
the civil no contact order is vacated or modified.
    (e) The practice of dismissing or suspending a criminal
prosecution in exchange for the issuance of a civil no contact
order undermines the purposes of this Act. This Section shall
not be construed as encouraging that practice.
(Source: P.A. 93-236, eff. 1-1-04; 94-360, eff. 1-1-06.)
 
    (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 civil no
    contact order.
        (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."
    (d) A civil no contact order shall state, "This Civil No
Contact Order is enforceable, even without registration, in all
50 states, the District of Columbia, tribal lands, and the U.S.
territories pursuant to the Violence Against Women Act (18
U.S.C. 2265)."
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
 
    (740 ILCS 22/220 new)
    Sec. 220. Enforcement of a civil no contact order.
    (a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state.
    (b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
    (c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding, shall be enforced by a criminal court when the
respondent commits the crime of violation of a civil no contact
order pursuant to Section 219 by having knowingly violated:
        (1) remedies described in Section 213 and included in a
    civil no contact order; or
        (2) a provision of an order, which is substantially
    similar to provisions of Section 213, in a valid civil no
    contact order which is authorized under the laws of another
    state, tribe, or United States territory.
    Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
    (d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with the
venue provisions of this Act.
        (1) In a contempt proceeding where the petition for a
    rule to show cause or petition for adjudication of criminal
    contempt sets forth facts evidencing an immediate danger
    that the respondent will flee the jurisdiction or inflict
    physical abuse on the petitioner or minor children or on
    dependent adults in the petitioner's care, the court may
    order the attachment of the respondent without prior
    service of the petition for a rule to show cause, the rule
    to show cause, the petition for adjudication of criminal
    contempt or the adjudication of criminal contempt. Bond
    shall be set unless specifically denied in writing.
        (2) A petition for a rule to show cause or a petition
    for adjudication of criminal contempt for violation of a
    civil no contact order shall be treated as an expedited
    proceeding.
    (e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
        (1) by service, delivery, or notice under Section 208;
        (2) by notice under Section 218;
        (3) by service of a civil no contact order under
    Section 218; or
        (4) by other means demonstrating actual knowledge of
    the contents of the order.
    (f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
        (1) the existence of a separate, correlative order,
    entered under Section 202; or
        (2) any finding or order entered in a conjoined
    criminal proceeding.
    (g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
    (h) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection, where the court finds the commission of a crime
    or contempt of court under subsection (a) or (b) of this
    Section, the penalty shall be the penalty that generally
    applies in such criminal or contempt proceedings, and may
    include one or more of the following: incarceration,
    payment of restitution, a fine, payment of attorneys' fees
    and costs, or community service.
        (2) The court shall hear and take into account evidence
    of any factors in aggravation or mitigation before deciding
    an appropriate penalty under paragraph (1) of this
    subsection.
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any civil no contact order over any penalty
        previously imposed by any court for respondent's
        violation of any civil no contact order or penal
        statute involving petitioner as victim and respondent
        as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        civil no contact order; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of a civil no contact order unless the court
        explicitly finds that an increased penalty or that
        period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    violation of a civil no contact order, a criminal court may
    consider evidence of any previous violations of a civil no
    contact order:
            (i) to increase, revoke or modify the bail bond on
        an underlying criminal charge pursuant to Section
        110-6 of the Code of Criminal Procedure of 1963;
            (ii) to revoke or modify an order of probation,
        conditional discharge or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections; or
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.

Effective Date: 1/1/2010