Bill Text: IL HB5510 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Domestic Violence Act of 1986. Provides that if an emergency order of protection is issued when the court is not in session, the judge who issued the order shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order by the Department of State Police into the Law Enforcement Agencies Data System.

Spectrum: Moderate Partisan Bill (Democrat 24-3)

Status: (Passed) 2010-07-23 - Public Act . . . . . . . . . 96-1241 [HB5510 Detail]

Download: Illinois-2009-HB5510-Enrolled.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 3. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-17 as follows:
(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 112A-9;
(2) The requirements of Section 112A-14 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 112A-14(b)(1), "stay away order
and additional prohibitions" described in Section
112A-14(b)(3), "removal or concealment of minor child"
described in Section 112A-14(b)(8), "order to appear"
described in Section 112A-14(b)(9), "physical care and

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possession of the minor child" described in Section
112A-14(b)(5), "protection of property" described in
Section 112A-14(b)(11), "prohibition of entry"
described in Section 112A-14(b)(14), "prohibition of
access to records" described in Section
112A-14(b)(15), and "injunctive relief" described in
Section 112A-14(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
112A-14(b)(2), the immediate danger of further abuse
of petitioner by respondent, if petitioner chooses or
had chosen to remain in the residence or household
while respondent was given any prior notice or greater
notice than was actually given of petitioner's efforts
to obtain judicial relief, outweighs the hardships to
respondent of an emergency order granting petitioner
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain temporary shelter elsewhere while
prior notice is given to respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to petitioner.

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(iii) For the remedy of "possession of personal
property" described in Section 112A-14(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.
(b) Appearance by respondent. If respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 112A-18 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 Article.
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 112A-17, that judge may issue an emergency order of

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protection.
(1.5) Issuance of order. The chief judge of the circuit
court may designate for each county in the circuit at least
one judge to be reasonably available to issue orally, by
telephone, by facsimile, or otherwise, an emergency order
of protection at all times, whether or not the court is in
session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Department of State Police pursuant to Section 112A-28.
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 112A-22. Filing the petition shall
commence proceedings for further relief, under Section
112A-2. Failure to comply with the requirements of this
subsection shall not affect the validity of the order.
(Source: P.A. 90-392, eff. 1-1-98.)
Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 217 as follows:

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(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
214(b)(3), "removal or concealment of minor child"
described in Section 214(b)(8), "order to appear"
described in Section 214(b)(9), "physical care and
possession of the minor child" described in Section
214(b)(5), "protection of property" described in
Section 214(b)(11), "prohibition of entry" described
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.5),
"prohibition of access to records" described in
Section 214(b)(15), and "injunctive relief" described
in Section 214(b)(16), the harm which that remedy is

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intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
214(b)(2), the immediate danger of further abuse of
petitioner by respondent, if petitioner chooses or had
chosen to remain in the residence or household while
respondent was given any prior notice or greater notice
than was actually given of petitioner's efforts to
obtain judicial relief, outweighs the hardships to
respondent of an emergency order granting petitioner
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain temporary shelter elsewhere while
prior notice is given to respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to petitioner;
(iii) For the remedy of "possession of personal
property" described in Section 214(b)(10), improper
disposition of the personal property would be likely to
occur if respondent were given any prior notice, or
greater notice than was actually given, of
petitioner's efforts to obtain judicial relief, or
petitioner has an immediate and pressing need for

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possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
(b) Appearance by respondent. If respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at the
close of business, the petitioner may file a petition for a
21-day emergency order before any available circuit judge
or associate judge who may grant relief under this Act. If
the judge finds that there is an immediate and present
danger of abuse to petitioner and that petitioner has
satisfied the prerequisites set forth in subsection (a) of
Section 217, that judge may issue an emergency order of
protection.
(1.5) Issuance of order. The chief judge of the circuit
court may designate for each county in the circuit at least
one judge to be reasonably available to issue orally, by
telephone, by facsimile, or otherwise, an emergency order
of protection at all times, whether or not the court is in
session.

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(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Department of State Police pursuant to Section 302. Any
order issued under this Section and any documentation in
support thereof shall be certified on the next court day to
the appropriate court. The clerk of that court shall
immediately assign a case number, file the petition, order
and other documents with the court, and enter the order of
record and file it with the sheriff for service, in
accordance with Section 222. Filing the petition shall
commence proceedings for further relief under Section 202.
Failure to comply with the requirements of this subsection
shall not affect the validity of the order.
(Source: P.A. 96-701, eff. 1-1-10.)