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Public Act 102-0853


 

Public Act 0853 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0853
 
SB3667 EnrolledLRB102 25713 LNS 35021 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 Code of Criminal Procedure of 1963 is
amended by changing Section 112A-5.5 as follows:
 
    (725 ILCS 5/112A-5.5)
    Sec. 112A-5.5. Time for filing petition; service on
respondent, hearing on petition, and default orders.
    (a) A petition for a protective order may be filed at any
time, in-person or online, after a criminal charge or
delinquency petition is filed and before the charge or
delinquency petition is dismissed, the defendant or juvenile
is acquitted, or the defendant or juvenile completes service
of his or her sentence.
    (b) The request for an ex parte protective order may be
considered without notice to the respondent under Section
112A-17.5 of this Code.
    (c) A summons shall be issued and served for a protective
order. The summons may be served by delivery to the respondent
personally in open court in the criminal or juvenile
delinquency proceeding, in the form prescribed by subsection
(d) of Supreme Court Rule 101, except that it shall require
respondent to answer or appear within 7 days. Attachments to
the summons shall include the petition for protective order,
supporting affidavits, if any, and any ex parte protective
order that has been issued.
    (d) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time available and shall
take precedence over any other summons, except those of a
similar emergency nature. Attachments to the summons shall
include the petition for protective order, supporting
affidavits, if any, and any ex parte protective order that has
been issued. Special process servers may be appointed at any
time and their designation shall not affect the
responsibilities and authority of the sheriff or other
official process servers. In a county with a population over
3,000,000, a special process server may not be appointed if
the protective order grants the surrender of a child, the
surrender of a firearm or Firearm Owner's Identification Card,
or the exclusive possession of a shared residence.
    (e) If the respondent is not served within 30 days of the
filing of the petition, the court shall schedule a court
proceeding on the issue of service. Either the petitioner, the
petitioner's counsel, or the State's Attorney shall appear and
the court shall either order continued attempts at personal
service or shall order service by publication, in accordance
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
Procedure.
    (f) The request for a final protective order can be
considered at any court proceeding in the delinquency or
criminal case after service of the petition. If the petitioner
has not been provided notice of the court proceeding at least
10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the
petitioner.
    (f-5) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a protective order. The court has the discretion to grant or
deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
    (g) Default orders.
        (1) A final domestic violence order of protection may
    be entered by default:
            (A) for any of the remedies sought in the
        petition, if respondent has been served with documents
        under subsection (b) or (c) of this Section and if
        respondent fails to appear on the specified return
        date or any subsequent hearing date agreed to by the
        petitioner and respondent or set by the court; or
            (B) for any of the remedies provided under
        paragraph (1), (2), (3), (5), (6), (7), (8), (9),
        (10), (11), (14), (15), (17), or (18) of subsection
        (b) of Section 112A-14 of this Code, or if the
        respondent fails to answer or appear in accordance
        with the date set in the publication notice or the
        return date indicated on the service of a household
        member.
        (2) A final civil no contact order may be entered by
    default for any of the remedies provided in Section
    112A-14.5 of this Code, if respondent has been served with
    documents under subsection (b) or (c) of this Section, and
    if the respondent fails to answer or appear in accordance
    with the date set in the publication notice or the return
    date indicated on the service of a household member.
        (3) A final stalking no contact order may be entered
    by default for any of the remedies provided by Section
    112A-14.7 of this Code, if respondent has been served with
    documents under subsection (b) or (c) of this Section and
    if the respondent fails to answer or appear in accordance
    with the date set in the publication notice or the return
    date indicated on the service of a household member.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
    Section 10. The Stalking No Contact Order Act is amended
by changing Sections 20 and 70 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-1) A petition for a stalking no contact order may be
filed in-person or online.
    (a-5) When a petition for an emergency stalking no contact
order is filed, the petition 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 21/70)
    Sec. 70. Hearings.
    (a) A petition for a stalking no contact order shall be
treated as an expedited proceeding, and no court may transfer
or otherwise decline to decide all or part of such petition.
Nothing in this Section shall prevent the court from reserving
issues if jurisdiction or notice requirements are not met.
    (b) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a stalking no contact order. The court has the discretion to
grant or deny the request for a remote hearing. Each court
shall determine the procedure for a remote hearing. The
petitioner and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 96-246, eff. 1-1-10.)
 
    Section 15. The Civil no Contact Order Act is amended by
changing Sections 202 and 210 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-1) A petition for a civil no contact order may be filed
in-person or online.
    (a-5) When a petition for a civil no contact order is
filed, the petition 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 22/210)
    Sec. 210. Hearings.
    (a) A petition for a civil no contact order shall be
treated as an expedited proceeding, and no court may transfer
or otherwise decline to decide all or part of such petition.
Nothing in this Section shall prevent the court from reserving
issues if jurisdiction or notice requirements are not met.
    (b) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a civil no contact order. The court has the discretion to grant
or deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 93-236, eff. 1-1-04.)
 
    Section 20. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 212 as follows:
 
    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
    Sec. 202. Commencement of action; filing fees; dismissal.
    (a) How to commence action. Actions for orders of
protection are commenced:
        (1) Independently: By filing a petition for an order
    of protection in any civil court, unless specific courts
    are designated by local rule or order.
        (2) In conjunction with another civil proceeding: By
    filing a petition for an order of protection under the
    same case number as another civil proceeding involving the
    parties, including but not limited to: (i) any proceeding
    under the Illinois Marriage and Dissolution of Marriage
    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
    and Children Act, Revised Uniform Reciprocal Enforcement
    of Support Act or an action for nonsupport brought under
    Article X of the Illinois Public Aid Code, provided that a
    petitioner and the respondent are a party to or the
    subject of that proceeding or (ii) a guardianship
    proceeding under the Probate Act of 1975, or a proceeding
    for involuntary commitment under the Mental Health and
    Developmental Disabilities Code, or any proceeding, other
    than a delinquency petition, under the Juvenile Court Act
    of 1987, provided that a petitioner or the respondent is a
    party to or the subject of such proceeding.
        (3) In conjunction with a delinquency petition or a
    criminal prosecution as provided in Section 112A-20 of the
    Code of Criminal Procedure of 1963.
    (a-1) A petition for an order of protection may be filed
in-person or online.
    (a-5) When a petition for an emergency order of protection
is filed, the petition shall not be publicly available until
the petition is served on the respondent.
    (b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for
issuing alias summons; or for any related filing service. No
fee shall be charged by the sheriff for service by the sheriff
of a petition, rule, motion, or order in an action commenced
under this Section.
    (c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent
action and, if necessary and appropriate, transferred to a
different court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued order
of protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
    (d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of a
petition under this Section by any person not represented by
counsel. In addition, that assistance may be provided by the
state's attorney.
    (e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
may adopt rules to establish and implement a pilot program to
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants for whom attendance in court to
file for and obtain emergency relief would constitute an undue
hardship or would constitute a risk of harm to the litigant.
        (1) As used in this subsection:
            (A) "Electronic means" means any method of
        transmission of information between computers or other
        machines designed for the purpose of sending or
        receiving electronic transmission and that allows for
        the recipient of information to reproduce the
        information received in a tangible medium of
        expression.
            (B) "Independent audio-visual system" means an
        electronic system for the transmission and receiving
        of audio and visual signals, including those with the
        means to preclude the unauthorized reception and
        decoding of the signals by commercially available
        television receivers, channel converters, or other
        available receiving devices.
            (C) "Electronic appearance" means an appearance in
        which one or more of the parties are not present in the
        court, but in which, by means of an independent
        audio-visual system, all of the participants are
        simultaneously able to see and hear reproductions of
        the voices and images of the judge, counsel, parties,
        witnesses, and any other participants.
        (2) Any pilot program under this subsection (e) shall
    be developed by the administrative director or his or her
    delegate in consultation with at least one local
    organization providing assistance to domestic violence
    victims. The program plan shall include but not be limited
    to:
            (A) identification of agencies equipped with or
        that have access to an independent audio-visual system
        and electronic means for filing documents; and
            (B) identification of one or more organizations
        who are trained and available to assist petitioners in
        preparing and filing petitions for temporary orders of
        protection and in their electronic appearances before
        the court to obtain such orders; and
            (C) identification of the existing resources
        available in local family courts for the
        implementation and oversight of the pilot program; and
            (D) procedures for filing petitions and documents
        by electronic means, swearing in the petitioners and
        witnesses, preparation of a transcript of testimony
        and evidence presented, and a prompt transmission of
        any orders issued to the parties; and
            (E) a timeline for implementation and a plan for
        informing the public about the availability of the
        program; and
            (F) a description of the data to be collected in
        order to evaluate and make recommendations for
        improvements to the pilot program.
        (3) In conjunction with an electronic appearance, any
    petitioner for an ex parte temporary order of protection
    may, using the assistance of a trained advocate if
    necessary, commence the proceedings by filing a petition
    by electronic means.
            (A) A petitioner who is seeking an ex parte
        temporary order of protection using an electronic
        appearance must file a petition in advance of the
        appearance and may do so electronically.
            (B) The petitioner must show that traveling to or
        appearing in court would constitute an undue hardship
        or create a risk of harm to the petitioner. In granting
        or denying any relief sought by the petitioner, the
        court shall state the names of all participants and
        whether it is granting or denying an appearance by
        electronic means and the basis for such a
        determination. A party is not required to file a
        petition or other document by electronic means or to
        testify by means of an electronic appearance.
            (C) Nothing in this subsection (e) affects or
        changes any existing laws governing the service of
        process, including requirements for personal service
        or the sealing and confidentiality of court records in
        court proceedings or access to court records by the
        parties to the proceedings.
        (4) Appearances.
            (A) All electronic appearances by a petitioner
        seeking an ex parte temporary order of protection
        under this subsection (e) are strictly voluntary and
        the court shall obtain the consent of the petitioner
        on the record at the commencement of each appearance.
            (B) Electronic appearances under this subsection
        (e) shall be recorded and preserved for transcription.
        Documentary evidence, if any, referred to by a party
        or witness or the court may be transmitted and
        submitted and introduced by electronic means.
(Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17;
101-255, eff. 1-1-20.)
 
    (750 ILCS 60/212)  (from Ch. 40, par. 2312-12)
    Sec. 212. Hearings.
    (a) A petition for an order of protection shall be treated
as an expedited proceeding, and no court shall transfer or
otherwise decline to decide all or part of such petition
except as otherwise provided herein. Nothing in this Section
shall prevent the court from reserving issues when
jurisdiction or notice requirements are not met.
    (b) Any court or a division thereof which ordinarily does
not decide matters of child custody and family support may
decline to decide contested issues of physical care, custody,
visitation, or family support unless a decision on one or more
of those contested issues is necessary to avoid the risk of
abuse, neglect, removal from the state or concealment within
the state of the child or of separation of the child from the
primary caretaker. If the court or division thereof has
declined to decide any or all of these issues, then it shall
transfer all undecided issues to the appropriate court or
division. In the event of such a transfer, a government
attorney involved in the criminal prosecution may, but need
not, continue to offer counsel to petitioner on transferred
matters.
    (c) If the court transfers or otherwise declines to decide
any issue, judgment on that issue shall be expressly reserved
and ruling on other issues shall not be delayed or declined.
    (d) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
an order of protection. The court has the discretion to grant
or deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 87-1186.)

Effective Date: 1/1/2023