093_HB2935

 
                                     LRB093 06920 LCB 07066 b

 1        AN ACT in relation to domestic violence.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended by changing Section 112A-24 as follows:

 6        (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
 7        Sec. 112A-24.  Modification and re-opening of orders.
 8        (a)  Except  as  otherwise provided in this Section, upon
 9    motion by petitioner, the  court  may  modify  an  emergency,
10    interim, or plenary order of protection:
11             (1)  If  respondent  has abused petitioner since the
12        hearing for that order, by adding or altering one or more
13        remedies, as authorized by Section 112A-14; and
14             (2)  Otherwise, by adding any remedy  authorized  by
15        Section 112A-14 which was:
16                  (i)  reserved in that order of protection;
17                  (ii)  not requested for inclusion in that order
18             of protection; or
19                  (iii)  denied on procedural grounds, but not on
20             the merits.
21        (b)  Upon  motion  by petitioner or respondent, the court
22    may  modify  any  prior  order  of  protection's  remedy  for
23    custody, visitation or payment of support in accordance  with
24    the   relevant   provisions  of  the  Illinois  Marriage  and
25    Dissolution of Marriage Act.
26        (c)  After 30 days following the entry of a plenary order
27    of protection, a  court  may  modify  that  order  only  when
28    changes  in  the  applicable  law or facts since that plenary
29    order was entered warrant a modification of its terms.
30        (d)  Upon 2 days notice to petitioner, in accordance with
31    Section 112A-11, or such shorter  notice  as  the  court  may
 
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 1    prescribe,  a  respondent  subject to an emergency or interim
 2    order of protection issued under this Article may appear  and
 3    petition  the  court  to  re-hear  the  original  or  amended
 4    petition. Any petition to re-hear shall be verified and shall
 5    allege the following:
 6             (1)  that respondent did not receive prior notice of
 7        the  initial  hearing  in  which the emergency or interim
 8        order was entered, in accordance  with  Sections  112A-11
 9        and 112A-17; and
10             (2)  that  respondent  had  a meritorious defense to
11        the order or any of its remedies or that the order or any
12        of its remedies was not authorized under this Article.
13        (e)  If the emergency or interim order granted petitioner
14    exclusive possession of the residence  and  the  petition  of
15    respondent  seeks  to re-open or vacate that grant, the court
16    shall set a date for hearing within 14  days  on  all  issues
17    relating  to  exclusive  possession.   Under no circumstances
18    shall  a  court  continue  a  hearing  concerning   exclusive
19    possession  beyond  the  14th  day except by agreement of the
20    parties.   Other  issues  raised  by  the  pleadings  may  be
21    consolidated for the hearing if neither party nor  the  court
22    objects.
23        (f)  This  Section  does  not  limit the means, otherwise
24    available  by  law,  for  vacating  or  modifying  orders  of
25    protection.
26        (g)  The court may not revoke an emergency,  interim,  or
27    plenary  order  of protection or impose sanctions against the
28    petitioner solely for the reason that the petitioner returned
29    to the household of the respondent or did not stay away  from
30    the  respondent  despite  an  order  imposing  a remedy under
31    paragraph (2) or (3) of subsection (b)  of  Section  112A-14.
32    If  the  petitioner  voluntarily seeks the termination of the
33    order of protection, he or she shall not be  prohibited  from
34    filing  for  another  order  of  protection  against the same
 
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 1    respondent.
 2    (Source: P.A. 87-1186.)

 3        Section 10.  The Illinois Domestic Violence Act  of  1986
 4    is amended by changing Section 224 as follows:

 5        (750 ILCS 60/224) (from Ch. 40, par. 2312-24)
 6        Sec. 224.  Modification and re-opening of orders.
 7        (a)  Except  as  otherwise provided in this Section, upon
 8    motion by petitioner, the  court  may  modify  an  emergency,
 9    interim, or plenary order of protection:
10             (1)  If  respondent  has abused petitioner since the
11        hearing for that order, by adding or altering one or more
12        remedies, as authorized by Section 214; and
13             (2)  Otherwise, by adding any remedy  authorized  by
14        Section 214 which was:
15                  (i)  reserved in that order of protection;
16                  (ii)  not requested for inclusion in that order
17             of protection; or
18                  (iii)  denied on procedural grounds, but not on
19             the merits.
20        (b)  Upon  motion  by petitioner or respondent, the court
21    may  modify  any  prior  order  of  protection's  remedy  for
22    custody, visitation or payment of support in accordance  with
23    the   relevant   provisions  of  the  Illinois  Marriage  and
24    Dissolution of Marriage Act.  Each order of protection  shall
25    be  entered  in  the Law Enforcement Automated Data System on
26    the same day it is issued by the court.
27        (c)  After 30 days following entry of a plenary order  of
28    protection,  a  court may modify that order only when changes
29    in the applicable law or facts since that plenary  order  was
30    entered warrant a modification of its terms.
31        (d)  Upon  2  days'  notice  to petitioner, in accordance
32    with Section 211 of this Act, or such shorter notice  as  the
 
                            -4-      LRB093 06920 LCB 07066 b
 1    court  may prescribe, a respondent subject to an emergency or
 2    interim order of protection issued under this Act may  appear
 3    and  petition  the  court  to re-hear the original or amended
 4    petition.  Any petition to  re-hear  shall  be  verified  and
 5    shall allege the following:
 6             (1)  that respondent did not receive prior notice of
 7        the  initial  hearing in which the emergency, interim, or
 8        plenary order was entered under Sections 211 and 217; and
 9             (2)  that respondent had a  meritorious  defense  to
10        the order or any of its remedies or that the order or any
11        of its remedies was not authorized by this Act.
12        (e)  In  the  event  that  the emergency or interim order
13    granted petitioner exclusive possession and the  petition  of
14    respondent  seeks  to re-open or vacate that grant, the court
15    shall set a date for hearing within 14  days  on  all  issues
16    relating  to  exclusive  possession.   Under no circumstances
17    shall  a  court  continue  a  hearing  concerning   exclusive
18    possession  beyond  the  14th day, except by agreement of the
19    parties.   Other  issues  raised  by  the  pleadings  may  be
20    consolidated for the hearing if neither party nor  the  court
21    objects.
22        (f)  This  Section  does  not  limit the means, otherwise
23    available  by  law,  for  vacating  or  modifying  orders  of
24    protection.
25        (g)  The court may not revoke an emergency,  interim,  or
26    plenary  order  of protection or impose sanctions against the
27    petitioner solely for the reason that the petitioner returned
28    to the household of the respondent or did not stay away  from
29    the  respondent  despite  an  order  imposing  a remedy under
30    paragraph (2) or (3) of subsection (b) of  Section  214.   If
31    the petitioner voluntarily seeks the termination of the order
32    of  protection, he or she shall not be prohibited from filing
33    for another order of protection against the same respondent.
34    (Source: P.A. 87-1186.)