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Public Act 102-0853
Public Act 0853 102ND GENERAL ASSEMBLY
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Public Act 102-0853
| | SB3667 Enrolled | LRB102 25713 LNS 35021 b |
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| 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.
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| (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.)
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Effective Date: 1/1/2023
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