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Public Act 102-0831


 

Public Act 0831 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0831
 
SB3157 EnrolledLRB102 20296 LNS 29148 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 Stalking No Contact Order Act is amended by
changing Sections 20 and 95 as follows:
 
    (740 ILCS 21/20)
    Sec. 20. Commencement of action; filing fees.
    (a) An action for a stalking no contact order is
commenced:
        (1) independently, by filing a petition for a stalking
    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 as provided in Article 112A of the
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for an emergency stalking no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, victim advocate, counsel of record for either
party, and the State's Attorney for the county shall not be
publicly available until the petition is served on the
respondent.
    (b) Withdrawal or dismissal of any petition for a stalking
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 stalking 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 stalking 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 filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
    (740 ILCS 21/95)
    Sec. 95. Emergency stalking no contact order.
    (a) An emergency stalking 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 50;
        (2) the requirements of Section 80 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 stalking 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 stalking by the respondent and to
support the granting of relief under the issuance of the
stalking no contact order.
    An emergency stalking no contact order shall be issued if
the court finds that items (1), (2), and (3) of this subsection
(a) are met.
    (a-5) When a petition for an emergency stalking no contact
order is granted, the petition, order, and file shall not be
public and shall only be accessible to the court, law
enforcement, petitioner, victim advocate, counsel of record
for either party, and the State's Attorney for the county
shall not be publicly available until the order is served on
the respondent.
    (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
100 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 stalking
    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 stalking 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 60. Filing the
    petition shall commence proceedings for further relief
    under Section 20. Failure to comply with the requirements
    of this paragraph (3) does not affect the validity of the
    order.
(Source: P.A. 101-255, eff. 1-1-20.)
 
    Section 10. The Civil No Contact Order Act is amended by
changing Sections 202, 213, and 214 as follows:
 
    (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 as provided in Article 112A of the
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for an emergency a civil no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, rape crisis advocate, counsel of record for either
party, and the State's Attorney for the county shall not be
publicly available until the petition is served on the
respondent.
    (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 filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
    (740 ILCS 22/213)
    (Text of Section before amendment by P.A. 102-220)
    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.
    (a-5) (Blank). When a petition for a civil no contact
order is granted, the order shall not be publicly available
until the order is served on the respondent.
    (b) (Blank).
    (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 the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. 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 7 of the Criminal Code of
    2012;
        (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 7 of the Criminal
    Code of 2012;
        (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. 101-255, eff. 1-1-20.)
 
    (Text of Section after amendment by P.A. 102-220)
    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.
    (a-5) (Blank). When a petition for a civil no contact
order is granted, the order shall not be publicly available
until the order is served on the respondent.
    (b) (Blank).
    (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 and electronic communication
    as defined in Section 26.5-0.1 of the Criminal Code of
    2012, 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 the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. 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 7 of the Criminal Code of
    2012;
        (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 7 of the Criminal
    Code of 2012;
        (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. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)
 
    (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;
        (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 conduct or
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.
    (a-5) When a petition for a civil no contact order is
granted, the petition, order, and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, rape crisis advocate, counsel of record for either
party, and the State's Attorney for the county until the
petition is served on the respondent.
    (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; 93-811, eff. 1-1-05;
94-360, eff. 1-1-06.)
 
    Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 217 as follows:
 
    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
    Sec. 217. Emergency order of protection.
    (a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
        (1) The court has jurisdiction under Section 208;
        (2) The requirements of Section 214 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:
            (i) For the remedies of "prohibition of abuse"
        described in Section 214(b)(1), "stay away order and
        additional prohibitions" described in Section
        214(b)(3), "removal or concealment of minor child"
        described in Section 214(b)(8), "order to appear"
        described in Section 214(b)(9), "physical care and
        possession of the minor child" described in Section
        214(b)(5), "protection of property" described in
        Section 214(b)(11), "prohibition of entry" described
        in Section 214(b)(14), "prohibition of firearm
        possession" described in Section 214(b)(14.5),
        "prohibition of access to records" described in
        Section 214(b)(15), and "injunctive relief" described
        in Section 214(b)(16), 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;
            (ii) For the remedy of "grant of exclusive
        possession of residence" described in Section
        214(b)(2), the immediate danger of further abuse of
        petitioner by respondent, if petitioner chooses or had
        chosen to remain in the residence or household while
        respondent was given any prior notice or greater
        notice than was actually given of petitioner's efforts
        to obtain judicial relief, outweighs the hardships to
        respondent of an emergency order granting petitioner
        exclusive possession of the residence or household.
        This remedy shall not be denied because petitioner has
        or could obtain temporary shelter elsewhere while
        prior notice is given to respondent, unless the
        hardships to respondent from exclusion from the home
        substantially outweigh those to petitioner;
            (iii) For the remedy of "possession of personal
        property" described in Section 214(b)(10), improper
        disposition of the personal property would be likely
        to occur if respondent were given any prior notice, or
        greater notice than was actually given, of
        petitioner's efforts to obtain judicial relief, or
        petitioner has an immediate and pressing need for
        possession of that property.
    An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
    (a-5) When a petition for an emergency order of protection
is granted, the order and file shall not be public and shall
only be accessible to the court, petitioner, law enforcement,
domestic violence advocate or counselor, counsel of record for
either party, and the State's Attorney for the county shall
not be publicly available until the order is served on the
respondent.
    (b) Appearance by respondent. If 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 218 have been met, the court may issue
a 30-day interim order.
    (c) Emergency orders: court holidays and evenings.
        (1) Prerequisites. 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 to petitioner and that petitioner
    has satisfied the prerequisites set forth in subsection
    (a) of Section 217, that judge may issue an emergency
    order of protection.
        (1.5) Issuance of order. 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 order of protection at all times, whether or not
    the court is in session.
        (2) Certification and transfer. The judge who issued
    the order under this Section shall promptly communicate or
    convey the order to the sheriff to facilitate the entry of
    the order into the Law Enforcement Agencies Data System by
    the Department of State Police pursuant to Section 302.
    Any order issued under this Section and any documentation
    in support thereof 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 subsection
    shall not affect the validity of the order.
(Source: P.A. 101-255, eff. 1-1-20.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022