Bill Text: IL HB2309 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Sections 20 and 95 as follows:
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6 | (740 ILCS 21/20) | ||||||
7 | Sec. 20. Commencement of action; filing fees. | ||||||
8 | (a) An action for a stalking no contact order is commenced: | ||||||
9 | (1) independently, by filing a petition for a stalking | ||||||
10 | no contact order in any civil court, unless specific courts | ||||||
11 | are designated by local rule or order; or | ||||||
12 | (2) in conjunction with a delinquency petition or a | ||||||
13 | criminal prosecution as provided in Article 112A of the | ||||||
14 | Code of Criminal Procedure of 1963. | ||||||
15 | (a-5) When a petition for an emergency stalking no contact | ||||||
16 | order is filed, the petition shall not be publicly available | ||||||
17 | until the petition is served on the respondent. | ||||||
18 | (b) Withdrawal or dismissal of any petition for a stalking | ||||||
19 | no contact order prior to adjudication where the petitioner is | ||||||
20 | represented by the State shall operate as a dismissal without | ||||||
21 | prejudice. No action for a stalking no contact order shall be | ||||||
22 | dismissed because the respondent is being prosecuted for a | ||||||
23 | crime against the petitioner. For any action commenced under |
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1 | item (2) of subsection (a) of this Section, dismissal of the | ||||||
2 | conjoined case (or a finding of not guilty) shall not require | ||||||
3 | dismissal of the action for a stalking no contact order; | ||||||
4 | instead, it may be treated as an independent action and, if | ||||||
5 | necessary and appropriate, transferred to a different court or | ||||||
6 | division. | ||||||
7 | (c) No fee shall be charged by the clerk of the court for | ||||||
8 | filing petitions or modifying or certifying orders. No fee | ||||||
9 | shall be charged by the sheriff for service by the sheriff of a | ||||||
10 | petition, rule, motion, or order in an action commenced under | ||||||
11 | this Section. | ||||||
12 | (d) The court shall provide, through the office of the | ||||||
13 | clerk of the court, simplified forms for filing of a petition | ||||||
14 | under this Section by any person not represented by counsel.
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15 | (Source: P.A. 100-199, eff. 1-1-18 .)
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16 | (740 ILCS 21/95)
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17 | Sec. 95. Emergency stalking no contact order. | ||||||
18 | (a) An emergency stalking no contact order shall issue if | ||||||
19 | the petitioner satisfies the requirements of this subsection | ||||||
20 | (a). The petitioner shall establish that: | ||||||
21 | (1) the court has jurisdiction under Section 50; | ||||||
22 | (2) the requirements of Section 80 are satisfied; and | ||||||
23 | (3) there is good cause to grant the remedy, regardless | ||||||
24 | of prior service of process or of notice upon the | ||||||
25 | respondent, because the harm which that remedy is intended |
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1 | to prevent would be likely to occur if the respondent were | ||||||
2 | given any prior notice, or greater notice than was actually | ||||||
3 | given, of the petitioner's efforts to obtain judicial | ||||||
4 | relief. | ||||||
5 | An emergency stalking no contact order shall be issued by | ||||||
6 | the court if it appears from the contents of the petition and | ||||||
7 | the examination of the petitioner that the averments are | ||||||
8 | sufficient to indicate stalking by the respondent and to | ||||||
9 | support the granting of relief under the issuance of the | ||||||
10 | stalking no contact order. | ||||||
11 | An emergency stalking no contact order shall be issued if | ||||||
12 | the court finds that items (1), (2), and (3) of this subsection | ||||||
13 | (a) are met. | ||||||
14 | (a-5) When a petition for an emergency stalking no contact | ||||||
15 | order is granted, the order shall not be publicly available | ||||||
16 | until the order is served on the respondent. | ||||||
17 | (b) If the respondent appears in court for this hearing for | ||||||
18 | an emergency order, he or she may elect to file a general | ||||||
19 | appearance and testify. Any resulting order may be an emergency | ||||||
20 | order, governed by this Section. Notwithstanding the | ||||||
21 | requirements of this Section, if all requirements of Section | ||||||
22 | 100 have been met, the court may issue a plenary order. | ||||||
23 | (c) Emergency orders; court holidays and evenings. | ||||||
24 | (1) When the court is unavailable at the close of | ||||||
25 | business, the petitioner may file a petition for a 21-day | ||||||
26 | emergency order before any available circuit judge or |
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1 | associate judge who may grant relief under this Act. If the | ||||||
2 | judge finds that there is an immediate and present danger | ||||||
3 | of abuse against the petitioner and that the petitioner has | ||||||
4 | satisfied the prerequisites set forth in subsection (a), | ||||||
5 | that judge may issue an emergency stalking no contact | ||||||
6 | order. | ||||||
7 | (2) The chief judge of the circuit court may designate | ||||||
8 | for each county in the circuit at least one judge to be | ||||||
9 | reasonably available to issue orally, by telephone, by | ||||||
10 | facsimile, or otherwise, an emergency stalking no contact | ||||||
11 | order at all times, whether or not the court is in session. | ||||||
12 | (3) Any order issued under this Section and any | ||||||
13 | documentation in support of the order shall be certified on | ||||||
14 | the next court day to the appropriate court. The clerk of | ||||||
15 | that court shall immediately assign a case number, file the | ||||||
16 | petition, order, and other documents with the court, and | ||||||
17 | enter the order of record and file it with the sheriff for | ||||||
18 | service, in accordance with Section 60. Filing the petition | ||||||
19 | shall commence proceedings for further relief under | ||||||
20 | Section 20. Failure to comply with the requirements of this | ||||||
21 | paragraph (3) does not affect the validity of the order.
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22 | (Source: P.A. 96-246, eff. 1-1-10.)
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23 | Section 10. The Civil No Contact Order Act is amended by | ||||||
24 | changing Sections 202 and 213 as follows:
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1 | (740 ILCS 22/202)
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2 | Sec. 202. Commencement of action; filing fees.
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3 | (a) An action for a civil no contact order is commenced:
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4 | (1) independently, by filing a petition for a civil no | ||||||
5 | contact order in any civil court,
unless specific courts | ||||||
6 | are designated by local rule or order; or
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7 | (2) in conjunction with a
delinquency
petition or a | ||||||
8 | criminal prosecution as provided in Article 112A of the | ||||||
9 | Code of Criminal Procedure of 1963.
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10 | (a-5) When a petition for a civil no contact order is | ||||||
11 | filed, the petition shall not be publicly available until the | ||||||
12 | petition is served on the respondent. | ||||||
13 | (b) Withdrawal or dismissal of any petition for a
civil no | ||||||
14 | contact order
prior to adjudication where the petitioner is | ||||||
15 | represented by the State shall
operate as a dismissal without | ||||||
16 | prejudice. No action for a civil no contact
order shall be | ||||||
17 | dismissed because the respondent is being prosecuted for a | ||||||
18 | crime
against the petitioner. For any action commenced under | ||||||
19 | item (2) of subsection
(a) of
this Section, dismissal of the | ||||||
20 | conjoined case (or a finding of not guilty)
shall not require | ||||||
21 | dismissal of the action for a civil no contact order;
instead, | ||||||
22 | it may be treated as an independent action and, if necessary | ||||||
23 | and
appropriate, transferred to a different court or division.
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24 | (c) No fee shall be
charged by the clerk of the court for | ||||||
25 | filing petitions or modifying or
certifying orders. No
fee
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26 | shall be charged by the sheriff for service by the sheriff of a
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1 | petition, rule, motion, or order in an action commenced under | ||||||
2 | this
Section.
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3 | (d) The court shall provide, through the office
of the | ||||||
4 | clerk of the court, simplified forms for filing of a petition | ||||||
5 | under this Section by any
person not represented by counsel.
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6 | (Source: P.A. 100-199, eff. 1-1-18 .)
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7 | (740 ILCS 22/213)
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8 | Sec. 213. Civil no contact order; remedies.
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9 | (a) If the court finds that the petitioner has been a | ||||||
10 | victim of
non-consensual sexual conduct or non-consensual | ||||||
11 | sexual penetration, a civil no
contact order shall issue; | ||||||
12 | provided that the petitioner must also satisfy the
requirements | ||||||
13 | of Section
214 on emergency orders or Section 215 on plenary | ||||||
14 | orders. The petitioner
shall not be denied a civil no contact | ||||||
15 | order because the petitioner or the
respondent is a minor. The | ||||||
16 | court, when
determining whether or not to issue a civil no | ||||||
17 | contact order, may not
require physical injury on the person of | ||||||
18 | the victim.
Modification and extension of prior civil no | ||||||
19 | contact orders shall be in
accordance with this Act.
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20 | (a-5) When a petition for a civil no contact order is | ||||||
21 | granted, the order shall not be publicly available until the | ||||||
22 | order is served on the respondent. | ||||||
23 | (b) (Blank).
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24 | (b-5) The court may provide relief as follows: | ||||||
25 | (1) prohibit the respondent from knowingly coming |
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1 | within, or knowingly remaining within, a specified | ||||||
2 | distance from the petitioner; | ||||||
3 | (2) restrain the respondent from having any contact, | ||||||
4 | including nonphysical contact, with the petitioner | ||||||
5 | directly, indirectly, or through third parties, regardless | ||||||
6 | of whether those third parties know of the order; | ||||||
7 | (3) prohibit the respondent from knowingly coming | ||||||
8 | within, or knowingly remaining within, a specified | ||||||
9 | distance from the petitioner's residence, school, day care | ||||||
10 | or other specified location; | ||||||
11 | (4) order the respondent to stay away from any property | ||||||
12 | or animal owned, possessed, leased, kept, or held by the | ||||||
13 | petitioner and forbid the respondent from taking, | ||||||
14 | transferring, encumbering, concealing, harming, or | ||||||
15 | otherwise disposing of the property or animal; and | ||||||
16 | (5) order any other injunctive relief as necessary or | ||||||
17 | appropriate for the protection of the petitioner. | ||||||
18 | (b-6) When the petitioner and the respondent attend the | ||||||
19 | same public or private elementary, middle, or high school, the | ||||||
20 | court when issuing a civil no contact order and providing | ||||||
21 | relief shall consider the severity of the act, any continuing | ||||||
22 | physical danger or emotional distress to the petitioner, the | ||||||
23 | educational rights guaranteed to the petitioner and respondent | ||||||
24 | under federal and State law, the availability of a transfer of | ||||||
25 | the respondent to another school, a change of placement or a | ||||||
26 | change of program of the respondent, the expense, difficulty, |
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1 | and educational disruption that would be caused by a transfer | ||||||
2 | of the respondent to another school, and any other relevant | ||||||
3 | facts of the case. The court may order that the respondent not | ||||||
4 | attend the public, private, or non-public elementary, middle, | ||||||
5 | or high school attended by the petitioner, order that the | ||||||
6 | respondent accept a change of placement or program, as | ||||||
7 | determined by the school district or private or non-public | ||||||
8 | school, or place restrictions on the respondent's movements | ||||||
9 | within the school attended by the petitioner.
The respondent | ||||||
10 | bears the burden of proving by a preponderance of the evidence | ||||||
11 | that a transfer, change of placement, or change of program of | ||||||
12 | the respondent is not available. The respondent also bears the | ||||||
13 | burden of production with respect to the expense, difficulty, | ||||||
14 | and educational disruption that would be caused by a transfer | ||||||
15 | of the respondent to another school. A transfer, change of | ||||||
16 | placement, or change of program is not unavailable to the | ||||||
17 | respondent solely on the ground that the respondent does not | ||||||
18 | agree with the school district's or private or non-public | ||||||
19 | school's transfer, change of placement, or change of program or | ||||||
20 | solely on the ground that the respondent fails or refuses to | ||||||
21 | consent to or otherwise does not take an action required to | ||||||
22 | effectuate a transfer, change of placement, or change of | ||||||
23 | program.
When a court orders a respondent to stay away from the | ||||||
24 | public, private, or non-public school attended by the | ||||||
25 | petitioner and the respondent requests a transfer to another | ||||||
26 | attendance center within the respondent's school district or |
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1 | private or non-public school, the school district or private or | ||||||
2 | non-public school shall have sole discretion to determine the | ||||||
3 | attendance center to which the respondent is transferred.
In | ||||||
4 | the event the court order results in a transfer of the minor | ||||||
5 | respondent to another attendance center, a change in the | ||||||
6 | respondent's placement, or a change of the respondent's | ||||||
7 | program, the parents, guardian, or legal custodian of the | ||||||
8 | respondent is responsible for transportation and other costs | ||||||
9 | associated with the transfer or change. | ||||||
10 | (b-7) The court may order the parents, guardian, or legal | ||||||
11 | custodian of a minor respondent to take certain actions or to | ||||||
12 | refrain from taking certain actions to ensure that the | ||||||
13 | respondent complies with the order. In the event the court | ||||||
14 | orders a transfer of the respondent to another school, the | ||||||
15 | parents or legal guardians of the respondent are responsible | ||||||
16 | for transportation and other costs associated with the change | ||||||
17 | of school by the respondent. | ||||||
18 | (c) Denial of a remedy may not be based, in whole or in | ||||||
19 | part, on
evidence that:
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20 | (1) the respondent has cause for any use of force, | ||||||
21 | unless that
cause satisfies the standards for justifiable | ||||||
22 | use of force provided
by Article 7 of the Criminal Code of | ||||||
23 | 2012;
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24 | (2) the respondent was voluntarily intoxicated;
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25 | (3) the petitioner acted in self-defense or defense of | ||||||
26 | another,
provided that, if the petitioner utilized force, |
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1 | such force was
justifiable under Article 7 of the Criminal | ||||||
2 | Code of 2012;
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3 | (4) the petitioner did not act in self-defense or | ||||||
4 | defense of
another;
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5 | (5) the petitioner left the residence or household to | ||||||
6 | avoid
further non-consensual sexual conduct or | ||||||
7 | non-consensual sexual penetration
by the respondent; or
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8 | (6) the petitioner did not leave the residence or | ||||||
9 | household to
avoid further non-consensual sexual conduct | ||||||
10 | or non-consensual sexual
penetration by the respondent.
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11 | (d) Monetary damages are not recoverable as a remedy.
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12 | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
13 | 97-1150, eff. 1-25-13.)
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14 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
15 | amended by changing Sections 202 and 217 as follows:
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16 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
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17 | Sec. 202. Commencement of action; filing fees; dismissal.
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18 | (a) How to commence action. Actions for orders of | ||||||
19 | protection are commenced:
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20 | (1) Independently: By filing a petition for an order of | ||||||
21 | protection in
any civil court, unless specific courts are | ||||||
22 | designated by local rule or order.
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23 | (2) In conjunction with another civil proceeding: By
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24 | filing a petition for an order of protection under the same |
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1 | case number
as another civil proceeding involving the | ||||||
2 | parties, including but not
limited to: (i) any proceeding | ||||||
3 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
4 | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||||||
5 | and
Children Act, Revised Uniform Reciprocal Enforcement | ||||||
6 | of Support Act or an
action for nonsupport brought under | ||||||
7 | Article X of the
Illinois Public Aid
Code, provided that a | ||||||
8 | petitioner and
the respondent are a party to or the subject | ||||||
9 | of that proceeding or (ii) a
guardianship proceeding under | ||||||
10 | the Probate Act of
1975, or a proceeding for involuntary
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11 | commitment under the Mental Health and Developmental | ||||||
12 | Disabilities Code, or
any proceeding, other than a | ||||||
13 | delinquency petition, under the Juvenile Court
Act of 1987, | ||||||
14 | provided that a petitioner or the
respondent is a party to | ||||||
15 | or the subject of such proceeding.
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16 | (3) In conjunction with a delinquency petition or a
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17 | criminal prosecution as provided in Section 112A-20 of the | ||||||
18 | Code of Criminal Procedure of 1963.
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19 | (a-5) When a petition for an emergency order of protection | ||||||
20 | is filed, the petition shall not be publicly available until | ||||||
21 | the petition is served on the respondent. | ||||||
22 | (b) Filing, certification, and service fees. No fee shall | ||||||
23 | be charged
by the clerk for filing, amending, vacating, | ||||||
24 | certifying, or photocopying
petitions or orders; or for issuing | ||||||
25 | alias summons; or for any
related filing service. No
fee shall | ||||||
26 | be charged by the sheriff for service by the sheriff of a
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1 | petition,
rule, motion, or order in an action commenced under | ||||||
2 | this Section.
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3 | (c) Dismissal and consolidation. Withdrawal or dismissal | ||||||
4 | of any
petition for an order of protection prior to | ||||||
5 | adjudication where the
petitioner is represented by the State | ||||||
6 | shall operate as a dismissal without
prejudice. No action for | ||||||
7 | an order of protection shall be dismissed because
the | ||||||
8 | respondent is being prosecuted for a crime against the | ||||||
9 | petitioner. An
independent action may be consolidated with | ||||||
10 | another civil proceeding, as
provided by paragraph (2) of | ||||||
11 | subsection (a) of this Section. For any
action commenced under | ||||||
12 | paragraph (2) or (3) of subsection (a) of this Section,
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13 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
14 | shall not
require dismissal of the action
for the order of | ||||||
15 | protection; instead, it may be treated as an
independent action | ||||||
16 | and, if necessary and appropriate, transferred to a
different | ||||||
17 | court or division. Dismissal of any conjoined case shall not | ||||||
18 | affect
the
validity of any previously issued order of | ||||||
19 | protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
20 | Section 220 shall be inapplicable to
such order.
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21 | (d) Pro se petitions. The court shall provide, through the | ||||||
22 | office of
the clerk of the court, simplified forms and clerical | ||||||
23 | assistance to help
with the writing and filing of a petition | ||||||
24 | under this Section by any person
not represented by counsel. In | ||||||
25 | addition, that assistance may be provided
by the state's | ||||||
26 | attorney.
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1 | (e)
As provided in this subsection, the administrative | ||||||
2 | director of the Administrative Office of the Illinois Courts, | ||||||
3 | with the approval of the administrative board of the courts, | ||||||
4 | may adopt rules to establish and implement a pilot program to | ||||||
5 | allow the electronic filing of petitions for temporary orders | ||||||
6 | of protection and the issuance of such orders by audio-visual | ||||||
7 | means to accommodate litigants for whom attendance in court to | ||||||
8 | file for and obtain emergency relief would constitute an undue | ||||||
9 | hardship or would constitute a risk of harm to the litigant. | ||||||
10 | (1) As used in this subsection: | ||||||
11 | (A) "Electronic means" means any method of | ||||||
12 | transmission of information between computers or other | ||||||
13 | machines designed for the purpose of sending or | ||||||
14 | receiving electronic transmission and that allows for | ||||||
15 | the recipient of information to reproduce the | ||||||
16 | information received in a tangible medium of | ||||||
17 | expression. | ||||||
18 | (B) "Independent audio-visual system" means an | ||||||
19 | electronic system for the transmission and receiving | ||||||
20 | of audio and visual signals, including those with the | ||||||
21 | means to preclude the unauthorized reception and | ||||||
22 | decoding of the signals by commercially available | ||||||
23 | television receivers, channel converters, or other | ||||||
24 | available receiving devices. | ||||||
25 | (C) "Electronic appearance" means an appearance in | ||||||
26 | which one or more of the parties are not present in the |
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1 | court, but in which, by means of an independent | ||||||
2 | audio-visual system, all of the participants are | ||||||
3 | simultaneously able to see and hear reproductions of | ||||||
4 | the voices and images of the judge, counsel, parties, | ||||||
5 | witnesses, and any other participants. | ||||||
6 | (2) Any pilot program under this subsection (e) shall | ||||||
7 | be developed by the administrative director or his or her | ||||||
8 | delegate in consultation with at least one local | ||||||
9 | organization providing assistance to domestic violence | ||||||
10 | victims. The program plan shall include but not be limited | ||||||
11 | to: | ||||||
12 | (A) identification of agencies equipped with or | ||||||
13 | that have access to an independent audio-visual system | ||||||
14 | and electronic means for filing documents; and | ||||||
15 | (B) identification of one or more organizations | ||||||
16 | who are trained and available to assist petitioners in | ||||||
17 | preparing and filing petitions for temporary orders of | ||||||
18 | protection and in their electronic appearances before | ||||||
19 | the court to obtain such orders; and | ||||||
20 | (C) identification of the existing resources | ||||||
21 | available in local family courts for the | ||||||
22 | implementation and oversight of the pilot program; and | ||||||
23 | (D) procedures for filing petitions and documents | ||||||
24 | by electronic means, swearing in the petitioners and | ||||||
25 | witnesses, preparation of a transcript of testimony | ||||||
26 | and evidence presented, and a prompt transmission of |
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1 | any orders issued to the parties; and | ||||||
2 | (E) a timeline for implementation and a plan for | ||||||
3 | informing the public about the availability of the | ||||||
4 | program; and | ||||||
5 | (F) a description of the data to be collected in | ||||||
6 | order to evaluate and make recommendations for | ||||||
7 | improvements to the pilot program. | ||||||
8 | (3) In conjunction with an electronic appearance, any | ||||||
9 | petitioner for an ex parte temporary order of protection | ||||||
10 | may, using the assistance of a trained advocate if | ||||||
11 | necessary, commence the proceedings by filing a petition by | ||||||
12 | electronic means. | ||||||
13 | (A) A petitioner who is seeking an ex parte | ||||||
14 | temporary order of protection using an electronic | ||||||
15 | appearance must file a petition in advance of the | ||||||
16 | appearance and may do so electronically. | ||||||
17 | (B) The petitioner must show that traveling to or | ||||||
18 | appearing in court would constitute an undue hardship | ||||||
19 | or create a risk of harm to the petitioner. In granting | ||||||
20 | or denying any relief sought by the petitioner, the | ||||||
21 | court shall state the names of all participants and | ||||||
22 | whether it is granting or denying an appearance by | ||||||
23 | electronic means and the basis for such a | ||||||
24 | determination. A party is not required to file a | ||||||
25 | petition or other document by electronic means or to | ||||||
26 | testify by means of an electronic appearance. |
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1 | (C) Nothing in this subsection (e) affects or | ||||||
2 | changes any existing laws governing the service of | ||||||
3 | process, including requirements for personal service | ||||||
4 | or the sealing and confidentiality of court records in | ||||||
5 | court proceedings or access to court records by the | ||||||
6 | parties to the proceedings. | ||||||
7 | (4) Appearances. | ||||||
8 | (A) All electronic appearances by a petitioner | ||||||
9 | seeking an ex parte temporary order of protection under | ||||||
10 | this subsection (e) are strictly voluntary and the | ||||||
11 | court shall obtain the consent of the petitioner on the | ||||||
12 | record at the commencement of each appearance. | ||||||
13 | (B) Electronic appearances under this subsection | ||||||
14 | (e) shall be recorded and preserved for transcription. | ||||||
15 | Documentary evidence, if any, referred to by a party or | ||||||
16 | witness or the court may be transmitted and submitted | ||||||
17 | and introduced by electronic means. | ||||||
18 | (Source: P.A. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18; | ||||||
19 | 100-201, eff. 8-18-17 .)
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20 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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21 | Sec. 217. Emergency order of protection.
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22 | (a) Prerequisites. An emergency order of protection shall | ||||||
23 | issue if
petitioner satisfies the requirements of this | ||||||
24 | subsection for one or more of the
requested remedies. For each | ||||||
25 | remedy requested, petitioner shall establish
that:
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1 | (1) The court has jurisdiction under Section 208;
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2 | (2) The requirements of Section 214 are satisfied; and
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3 | (3) There is good cause to grant the remedy, regardless | ||||||
4 | of prior service
of process or of notice upon the | ||||||
5 | respondent, because:
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6 | (i) For
the remedies of "prohibition of abuse" | ||||||
7 | described in
Section 214(b)(1), "stay away order and | ||||||
8 | additional prohibitions" described in
Section
| ||||||
9 | 214(b)(3), "removal or concealment of minor child" | ||||||
10 | described in Section
214(b)(8), "order to appear" | ||||||
11 | described in Section 214(b)(9), "physical
care and | ||||||
12 | possession of the minor child" described in Section | ||||||
13 | 214(b)(5),
"protection of property" described in | ||||||
14 | Section 214(b)(11), "prohibition
of entry" described | ||||||
15 | in Section 214(b)(14), "prohibition of firearm | ||||||
16 | possession" described in Section 214(b)(14.5), | ||||||
17 | "prohibition of access to
records" described in | ||||||
18 | Section 214(b)(15), and "injunctive relief"
described | ||||||
19 | in Section 214(b)(16), the harm which that remedy
is | ||||||
20 | intended to prevent would be likely to occur if the | ||||||
21 | respondent were given
any prior notice, or greater | ||||||
22 | notice than was actually given, of the
petitioner's | ||||||
23 | efforts to obtain judicial relief;
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24 | (ii) For the remedy of "grant of exclusive | ||||||
25 | possession of
residence" described in Section | ||||||
26 | 214(b)(2), the immediate danger of further
abuse of |
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1 | petitioner by respondent,
if petitioner chooses or had | ||||||
2 | chosen to remain in the residence or household
while | ||||||
3 | respondent was given any prior notice or greater notice | ||||||
4 | than was
actually given of petitioner's efforts to | ||||||
5 | obtain judicial relief,
outweighs the hardships to | ||||||
6 | respondent of an emergency order
granting petitioner | ||||||
7 | exclusive possession of the residence or household.
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8 | This remedy shall not be denied because petitioner has | ||||||
9 | or could obtain
temporary shelter elsewhere while | ||||||
10 | prior notice is given to respondent, unless
the
| ||||||
11 | hardships to respondent from exclusion from the home | ||||||
12 | substantially outweigh
those to petitioner;
| ||||||
13 | (iii) For the remedy of "possession of personal | ||||||
14 | property"
described in
Section 214(b)(10), improper | ||||||
15 | disposition of the personal
property would be likely
to | ||||||
16 | occur if respondent were given any prior notice, or | ||||||
17 | greater notice than
was actually given, of | ||||||
18 | petitioner's efforts to obtain judicial relief, or
| ||||||
19 | petitioner has an immediate and pressing need for | ||||||
20 | possession of that property.
| ||||||
21 | An emergency order may not include the counseling, legal | ||||||
22 | custody, payment
of support or monetary compensation remedies.
| ||||||
23 | (a-5) When a petition for an emergency order of protection | ||||||
24 | is granted, the order shall not be publicly available until the | ||||||
25 | order is served on the respondent. | ||||||
26 | (b) Appearance by respondent.
If respondent appears in |
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| |||||||
1 | court for this hearing for an emergency order,
he or she may | ||||||
2 | elect to file a general appearance and testify.
Any resulting | ||||||
3 | order may be an emergency order, governed
by this Section.
| ||||||
4 | Notwithstanding the requirements of this Section, if all | ||||||
5 | requirements of
Section 218 have been met, the court may issue | ||||||
6 | a 30-day interim order.
| ||||||
7 | (c) Emergency orders: court holidays and evenings.
| ||||||
8 | (1) Prerequisites. When the court is unavailable at the | ||||||
9 | close of
business, the petitioner may file a petition for a | ||||||
10 | 21-day emergency order
before any available circuit judge | ||||||
11 | or associate judge who may grant relief
under this Act. If | ||||||
12 | the judge finds that there is an immediate and present
| ||||||
13 | danger of abuse to petitioner and that petitioner has | ||||||
14 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
15 | Section 217, that judge may
issue an emergency order of | ||||||
16 | protection.
| ||||||
17 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
18 | court
may designate for each county in the circuit at least | ||||||
19 | one judge to be
reasonably available to
issue orally, by | ||||||
20 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
21 | of protection at all times, whether or not the court is in | ||||||
22 | session.
| ||||||
23 | (2) Certification and transfer. The judge who issued | ||||||
24 | the order under this Section shall promptly communicate or | ||||||
25 | convey the order to the sheriff to facilitate the entry of | ||||||
26 | the order into the Law Enforcement Agencies Data System by |
| |||||||
| |||||||
1 | the Department of State Police pursuant to Section 302. Any | ||||||
2 | order issued under this Section and
any documentation in | ||||||
3 | support thereof shall be certified on the next court
day to | ||||||
4 | the appropriate court. The clerk of that court shall | ||||||
5 | immediately
assign a case number, file the petition, order | ||||||
6 | and other documents with the
court, and enter the order of | ||||||
7 | record and file it with the sheriff for
service, in | ||||||
8 | accordance with Section 222. Filing the petition
shall | ||||||
9 | commence proceedings for further relief under Section 202.
| ||||||
10 | Failure to comply with the requirements of this subsection | ||||||
11 | shall not
affect the validity of the order.
| ||||||
12 | (Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
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