Bill Text: IL HB2309 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Provides that when a petition for an emergency stalking no contact order, a civil no contact order, or an emergency order of protection is filed, the petition shall not be publicly available until the petition is served on the respondent. Provides that when a petition for an emergency stalking no contact order, a civil no contact order, or an emergency order of protection is granted, the order shall not be publicly available until the order is served on the respondent.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0255 [HB2309 Detail]

Download: Illinois-2019-HB2309-Engrossed.html

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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 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 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

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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.)
(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

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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 order 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

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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. 96-246, eff. 1-1-10.)
Section 10. The Civil No Contact Order Act is amended by
changing Sections 202 and 213 as follows:

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(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 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

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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.)
(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.
(a-5) 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

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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,

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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

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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,

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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. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1150, eff. 1-25-13.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 217 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

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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-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

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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.

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(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

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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

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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.

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(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. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18;
100-201, eff. 8-18-17.)
(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:

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(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

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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 shall not be publicly available until the
order is served on the respondent.
(b) Appearance by respondent. If respondent appears in

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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

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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. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)