Illinois General Assembly - Full Text of Public Act 093-0236
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Public Act 093-0236


 

Public Act 93-0236 of the 93rd General Assembly


Public Act 93-0236

HB1400 Enrolled                      LRB093 07935 LCB 08126 b

    AN ACT concerning civil no contact orders.

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

                          ARTICLE I
                     GENERAL PROVISIONS

    Section 101. Short title. This Act may be  cited  as  the
Civil No Contact Order Act.

    Section   102.  Purpose.   Sexual  assault  is  the  most
heinous crime against another person short of murder.  Sexual
assault  inflicts  humiliation,  degradation,  and  terror on
victims. According to the FBI,  a  woman  is  raped  every  6
minutes  in the United States. Rape is recognized as the most
underreported crime; estimates suggest that only one in seven
rapes is reported to authorities. Victims who do  not  report
the  crime  still  desire  safety  and protection from future
interactions with the offender. Some cases in which the  rape
is  reported  are  not  prosecuted.  In these situations, the
victim should be able to seek a civil remedy  requiring  only
that the offender stay away from the victim.

    Section 103. Definitions. As used in this Act:
    "Abuse" means physical abuse, harassment, intimidation of
a dependent, or interference with personal liberty.
    "Civil  no  contact  order"  means  an emergency order or
plenary order granted under this Act, which includes a remedy
authorized by Section 213 of this Act.
    "Non-consensual" means a lack of freely given agreement.
    "Petitioner"  means  any  named  petitioner  for  the  no
contact order or any named victim  of  non-consensual  sexual
conduct  or non-consensual sexual penetration on whose behalf
the petition is brought.
    "Sexual  conduct"  means  any  intentional   or   knowing
touching  or  fondling  by  the petitioner or the respondent,
either directly or through clothing, of the sex organs, anus,
or breast of the petitioner or the respondent, or any part of
the body of a child under 13 years of age, or any transfer or
transmission of semen by the respondent upon any part of  the
clothed  or unclothed body of the petitioner, for the purpose
of sexual gratification or arousal of the petitioner  or  the
respondent.
    "Sexual  penetration"  means any contact, however slight,
between the sex organ or anus of one person by an object, the
sex organ, mouth or anus of another person, or any intrusion,
however slight, of any part of the body of one person  or  of
any  animal  or  object into the sex organ or anus of another
person, including but not limited to cunnilingus, fellatio or
anal penetration.  Evidence  of  emission  of  semen  is  not
required to prove sexual penetration.

                         ARTICLE II
                   CIVIL NO CONTACT ORDERS

    Section  201.  Persons  protected by this Act. A petition
for a civil no contact order may be filed:
         (1)  by any person who is a victim of non-consensual
    sexual  conduct  or  non-consensual  sexual  penetration,
    including a  single  incident  of  non-consensual  sexual
    conduct or non-consensual sexual penetration; or
         (2)  by  a  person  on behalf of a minor child or an
    adult who is a victim of non-consensual sexual conduct or
    non-consensual sexual penetration but,  because  of  age,
    disability,  health,  or inaccessibility, cannot file the
    petition.
    Section 202. Commencement of action; filing fees.
    (a)  An action for a civil no contact order is commenced:
         (1)  independently, by filing  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, by filing a petition for a civil no
    contact  order  under  the  same  case  number   as   the
    delinquency  petition  or  criminal  prosecution,  to  be
    granted during pre-trial release of a defendant, with any
    dispositional  order  issued  under  Section 5-710 of the
    Juvenile Court Act of 1987 or as a condition of  release,
    supervision,  conditional  discharge, probation, periodic
    imprisonment, parole, or mandatory supervised release, or
    in conjunction with imprisonment  or  a  bond  forfeiture
    warrant, provided that (i) the violation is alleged in an
    information,   complaint,   indictment,   or  delinquency
    petition on file and  the  alleged  victim  is  a  person
    protected  by  this  Act, and (ii) the petition, which is
    filed by the State's Attorney,  names  a  victim  of  the
    alleged crime as a petitioner.
    (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 and clerical  assistance
to  help with the writing and filing of a petition under this
Section by any person not represented by counsel.

    Section 203. Pleading; non-disclosure of address.
    (a)  A petition for a civil no contact order shall be  in
writing  and  verified  or accompanied by affidavit and shall
allege  that  the  petitioner  has   been   the   victim   of
non-consensual   sexual   conduct  or  non-consensual  sexual
penetration by the respondent.
    (b)  If  the  petition  states  that  disclosure  of  the
petitioner's address would risk abuse of  the  petitioner  or
any  member  of  the  petitioner's  family or household, that
address may be omitted from  all  documents  filed  with  the
court.  If  the petitioner has not disclosed an address under
this  subsection,   the   petitioner   shall   designate   an
alternative  address at which the respondent may serve notice
of any motions.

    Section 204. Application of  rules  of  civil  procedure;
rape crisis advocates.
    (a)  Any proceeding to obtain, modify, reopen or appeal a
civil  no  contact  order  shall  be governed by the rules of
civil procedure of this State. The standard of proof in  such
a proceeding is proof by a preponderance of the evidence. The
Code  of  Civil  Procedure  and Supreme Court and local court
rules applicable to civil proceedings shall apply, except  as
otherwise provided by this Act.
    (b)  In  circuit  courts,  rape crisis advocates shall be
allowed to accompany the victim and confer with  the  victim,
unless  otherwise directed by the court. Court administrators
shall allow  rape  crisis  advocates  to  assist  victims  of
non-consensual   sexual   conduct  or  non-consensual  sexual
penetration in the preparation  of  petitions  for  civil  no
contact  orders. Rape crisis advocates are not engaged in the
unauthorized practice of law when providing assistance of the
types  specified  in  this  subsection  (b).   Communications
between  the  petitioner  and  a  rape  crisis  advocate  are
protected by the confidentiality of statements made  to  rape
crisis  personnel  as  provided for in Section 8-802.1 of the
Code of Civil Procedure.

    Section 204.5. Trial by jury. There shall be no right  to
trial  by jury in any proceeding to obtain, modify, vacate or
extend any civil no contact order under this Act.    However,
nothing  in  this  Section  shall  deny any existing right to
trial by jury in a criminal proceeding.

    Section 205. Subject matter  jurisdiction.  Each  of  the
circuit  courts  has  the  power  to  issue  civil no contact
orders.

    Section 206. Jurisdiction over  persons.  The  courts  of
this  State have jurisdiction to bind (1) State residents and
(2) non-residents having minimum contacts with this State, to
the extent permitted by the long-arm statute,  Section  2-209
of the Code of Civil Procedure.

    Section  207.  Venue.  A  petition for a civil no contact
order may be filed in any county  where  (1)  the  petitioner
resides,  (2)  the  respondent  resides,  or  (3) the alleged
non-consensual  sexual  conduct  or   non-consensual   sexual
penetration occurred.
    Section 208. Process.
    (a)  Any  action  for  a  civil no contact order requires
that a separate summons be issued  and  served.  The  summons
shall be in the form prescribed by Supreme Court Rule 101(d),
except  that  it  shall  require  the respondent to answer or
appear within 7 days. Attachments to the  summons  or  notice
shall  include  the  petition  for civil no contact order and
supporting affidavits, if any, and  any  emergency  civil  no
contact order that has been issued.
    (b)  The  summons shall be served by the sheriff or other
law enforcement officer at the earliest time and  shall  take
precedence  over  other  summonses  except those of a similar
emergency nature. 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.
    (c)  Service  of  process on a member of the respondent's
household or by publication shall be  adequate  if:  (1)  the
petitioner  has  made  all  reasonable  efforts to accomplish
actual service of process personally upon the respondent, but
the respondent cannot be found to effect  such  service;  and
(2)  the  petitioner  files  an  affidavit  or presents sworn
testimony as to those efforts.
    (d)  A plenary civil no contact order may be  entered  by
default  for  the  remedy  sought  in  the  petition,  if the
respondent has been served or given notice in accordance with
subsection (a) and if the respondent then fails to appear  as
directed  or  fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.

    Section 209. Service of notice  of  hearings.  Except  as
provided  in  Section 208, notice of hearings on petitions or
motions shall be served  in  accordance  with  Supreme  Court
Rules  11  and 12, unless notice is excused by Section 214 of
this Act or by the Code of  Civil  Procedure,  Supreme  Court
Rules, or local rules.

    Section  210. Hearings. 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.

    Section 211. Continuances.
    (a)  Petitions for emergency remedies shall be granted or
denied  in  accordance  with  the  standards  of Section 214,
regardless of the  respondent's  appearance  or  presence  in
court.
    (b)  Any  action  for  a  civil  no  contact  order is an
expedited proceeding. Continuances shall be granted only  for
good cause shown and kept to the minimum reasonable duration,
taking into account the reasons for the continuance.

    Section 212. Hearsay exception.
    (a)  In   proceedings   for   a   no  contact  order  and
prosecutions for violating  a  no-contact  order,  the  prior
sexual  activity  or  the  reputation  of  the  petitioner is
inadmissible except:
         (1)  as evidence concerning the past sexual  conduct
    of  the petitioner with the respondent when this evidence
    is offered by the respondent upon the  issue  of  whether
    the  petitioner  consented  to  the  sexual  conduct with
    respect to which the offense is alleged; or
         (2)  when constitutionally required to be admitted.
    (b)  No evidence admissible under  this  Section  may  be
introduced  unless  ruled admissible by the trial judge after
an offer of proof has been made at a hearing held  in  camera
to  determine  whether the respondent has evidence to impeach
the witness in the event that prior sexual activity with  the
respondent  is  denied.  The  offer  of  proof  shall include
reasonably specific information as to  the  date,  time,  and
place  of  the past sexual conduct between the petitioner and
the  respondent.  Unless  the  court  finds  that  reasonably
specific information as to date,  time,  or  place,  or  some
combination  thereof,  has  been  offered  as to prior sexual
activity with the  respondent,  counsel  for  the  respondent
shall  be ordered to refrain from inquiring into prior sexual
activity between the petitioner and the respondent. The court
may  not  admit  evidence  under  this  Section   unless   it
determines  at  the hearing that the evidence is relevant and
the probative value of the evidence outweighs the  danger  of
unfair  prejudice.  The evidence shall be admissible at trial
to the extent an  order  made  by  the  court  specifies  the
evidence that may be admitted and areas with respect to which
the petitioner may be examined or cross examined.

    Section 213. Civil no contact order; remedy.
    (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.
    (b)  A civil no contact order shall order one or more  of
the following:
         (1)  order  the  respondent  to  stay  away from the
    petitioner;
         (2)  order the respondent  to  stay  away  from  any
    other person protected by the civil no contact order;
         (3)  prohibit  the respondent from abuse, as defined
    in this Act, or stalking of the petitioner, as defined in
    Section 12-7.3 of the Criminal Code of 1961, if the abuse
    or stalking has occurred or otherwise appears  likely  to
    occur if not prohibited; or
         (4)  prohibit   the   respondent  from  entering  or
    remaining present at the petitioner's school or place  of
    employment,  or  both, or other specified places at times
    when the petitioner is present, if reasonable, given  the
    balance  of hardships. Hardships need not be balanced for
    the court to enter a stay away order or prohibit entry if
    the respondent has no right to enter the premises.
    (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 VII of the Criminal Code
    of 1961;
         (2)  the respondent was voluntarily intoxicated;
         (3)  the petitioner acted in self-defense or defense
    of another, provided that,  if  the  petitioner  utilized
    force,  such  force  was justifiable under Article VII of
    the Criminal Code of 1961;
         (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.

    Section  213.5. Accountability for actions of others. For
the purposes of issuing a civil no  contact  order,  deciding
what  remedies  should  be  included and enforcing the order,
Article 5 of the Criminal Code of 1961 shall  govern  whether
respondent  is legally accountable for the conduct of another
person.

    Section 214. Emergency civil no contact order.
    (a)  An emergency civil 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 208;
         (2)  the requirements of Section 213 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  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.
    (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 215 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
    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 civil
    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 civil
    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 222.
    Filing  the  petition  shall  commence  proceedings   for
    further  relief under Section 202. Failure to comply with
    the requirements of this paragraph (3)  does  not  affect
    the validity of the order.

    Section  215.  Plenary  civil no contact order. A plenary
civil no contact order shall  issue  if  the  petitioner  has
served   notice   of  the  hearing  for  that  order  on  the
respondent, in accordance with Section 209, and satisfies the
requirements of this Section. The petitioner  must  establish
that:
         (1)  the court has jurisdiction under Section 206;
         (2)  the requirements of Section 213 are satisfied;
         (3)  a  general  appearance  was made or filed by or
    for  the  respondent  or  process  was  served   on   the
    respondent in the manner required by Section 208; and
         (4)  the respondent has answered or is in default.

    Section 216. Duration and extension of orders.
    (a)  Unless  re-opened  or extended or voided by entry of
an order of greater duration, an  emergency  order  shall  be
effective for not less than 14 nor more than 21 days.
    (b)  Except  as  otherwise  provided  in  this Section, a
plenary civil no contact order shall be effective for a fixed
period of time, not to exceed 2 years.  A  plenary  civil  no
contact   order   entered  in  conjunction  with  a  criminal
prosecution shall remain in effect as follows:
              (1)  if entered during pre-trial release, until
         disposition,  withdrawal,  or   dismissal   of   the
         underlying charge; if however, the case is continued
         as  an  independent  cause  of  action,  the order's
         duration may be for a fixed period of  time  not  to
         exceed 2 years;
              (2)  if  in  effect  in conjunction with a bond
         forfeiture warrant, until final  disposition  or  an
         additional  period of time not exceeding 2 years; no
         order of protection, however, shall be terminated by
         a dismissal that is accompanied by the issuance of a
         bond forfeiture warrant;
              (3)  until  expiration  of   any   supervision,
         conditional     discharge,    probation,    periodic
         imprisonment,  parole,   or   mandatory   supervised
         release   and  for  an  additional  period  of  time
         thereafter not exceeding 2 years; or
              (4)  until  the  date  set  by  the  court  for
         expiration  of  any  sentence  of  imprisonment  and
         subsequent parole or  mandatory  supervised  release
         and  for an additional period of time thereafter not
         exceeding 2 years.
    (c)  Any emergency or plenary order may be  extended  one
or more times, as required, provided that the requirements of
Section  214  or  215,  as appropriate, are satisfied. If the
motion for extension is uncontested and the petitioner  seeks
no  modification  of  the order, the order may be extended on
the basis of the petitioner's  motion  or  affidavit  stating
that   there   has   been  no  material  change  in  relevant
circumstances since entry of the order and stating the reason
for the requested extension. Extensions may be  granted  only
in  open court and not under the provisions of subsection (c)
of  Section  214,  which  applies  only  when  the  court  is
unavailable at the close of business or on a court holiday.
    (d)  Any civil no contact order which would expire  on  a
court  holiday  shall instead expire at the close of the next
court business day.
    (e)  The practice of dismissing or suspending a  criminal
prosecution  in  exchange  for  the  issuance  of  a civil no
contact order undermines  the  purposes  of  this  Act.  This
Section shall not be construed as encouraging that practice.

    Section 217. Contents of orders.
    (a)  Any  civil  no  contact  order  shall  describe each
remedy granted by the court, in reasonable detail and not  by
reference  to  any other document, so that the respondent may
clearly understand what he or she must  do  or  refrain  from
doing.
    (b)  A  civil  no  contact  order shall further state the
following:
         (1)  The name of  each  petitioner  that  the  court
    finds  was the victim of non-consensual sexual conduct or
    non-consensual sexual penetration by the  respondent  and
    the  name of each other person protected by the order and
    that the person is protected by this Act.
         (2)  The date and time the civil  no  contact  order
    was  issued, whether it is an emergency or plenary order,
    and the duration of the order.
         (3)  The date, time, and  place  for  any  scheduled
    hearing  for  extension of that civil no contact order or
    for another order of greater duration or scope.
         (4)  For  each  remedy  in  an  emergency  civil  no
    contact  order,  the  reason  for  entering  that  remedy
    without prior notice to the respondent or greater  notice
    than was actually given.
    (c)  A civil no contact order shall include the following
notice,  printed  in conspicuous type: "Any knowing violation
of a civil no contact order is a  Class  A  misdemeanor.  Any
second or subsequent violation is a Class 4 felony."

    Section 218. Notice of orders.
    (a)  Upon  issuance  of  any  civil no contact order, the
clerk shall immediately, or on  the  next  court  day  if  an
emergency  order  is issued in accordance with subsection (c)
of Section 214:
         (1)  enter the order on the record and  file  it  in
    accordance with the circuit court procedures; and
         (2)  provide a file stamped copy of the order to the
    respondent, if present, and to the petitioner.
    (b)  The  clerk  of  the  issuing  judge  shall,  or  the
petitioner may, on the same day that a civil no contact order
is  issued,  file  a  certified  copy  of that order with the
sheriff or  other  law  enforcement  officials  charged  with
maintaining  Department  of  State  Police records or charged
with serving the order upon the respondent. If the order  was
issued  in accordance with subsection (c) of Section 214, the
clerk shall, on the next court day, file a certified copy  of
the order with the Sheriff or other law enforcement officials
charged with maintaining Department of State Police records.
    (c)  Unless  the respondent was present in court when the
order  was  issued,  the  sheriff,  other   law   enforcement
official, or special process server shall promptly serve that
order  upon  the respondent and file proof of such service in
the  manner  provided  for  service  of  process   in   civil
proceedings.  If  process  has  not  yet been served upon the
respondent, it shall be served with the order or  short  form
notification.  A  single fee may be charged for service of an
order obtained in civil court, or  for  service  of  such  an
order  together with process, unless waived or deferred under
Section 208.
    (d)  If the person against  whom  the  civil  no  contact
order  is  issued is arrested and the written order is issued
in accordance with subsection (c) of Section 214 and received
by the custodial law enforcement agency before the respondent
or arrestee is  released  from  custody,  the  custodial  law
enforcement  agent  shall  promptly  serve the order upon the
respondent or arrestee before the respondent or  arrestee  is
released  from  custody.  In  no event shall detention of the
respondent  or  arrestee  be  extended  for  hearing  on  the
petition for civil no contact order or receipt of  the  order
issued under Section 214 of this Act.
    (e)  Any  order  extending,  modifying,  or  revoking any
civil no contact order shall be  promptly  recorded,  issued,
and served as provided in this Section.
    (f)  Upon  the request of the petitioner, within 24 hours
of the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of  the  order  along
with a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.

    Section 219. Violation. A knowing violation of a civil no
contact   order  is  a  Class  A  misdemeanor.  A  second  or
subsequent violation is a Class 4 felony.
                         ARTICLE III
              LAW ENFORCEMENT RESPONSIBILITIES

    Section 301. Arrest without warrant.
    (a)  Any law  enforcement  officer  may  make  an  arrest
without  warrant if the officer has probable cause to believe
that the person has committed or is committing a violation of
a civil no contact order.
    (b)  The law enforcement officer may verify the existence
of  a  civil  no  contact  order  by   telephone   or   radio
communication  with  his  or her law enforcement agency or by
referring to the copy of the order provided by the petitioner
or the respondent.

    Section  302.  Data  maintenance   by   law   enforcement
agencies.
    (a)  All  sheriffs  shall  furnish  to  the Department of
State Police, on the same day as received, in  the  form  and
detail  the  Department  requires,  copies  of  any  recorded
emergency  or  plenary  civil no contact orders issued by the
court and transmitted to the sheriff  by  the  clerk  of  the
court  in  accordance  with  subsection (b) of Section 218 of
this Act. Each civil no contact order shall be entered in the
Law Enforcement Agencies Data System on the same  day  it  is
issued  by  the court. If an emergency civil no contact order
was issued in accordance with subsection (c) of Section  214,
the  order  shall  be entered in the Law Enforcement Agencies
Data System as soon as possible after receipt from the  clerk
of the court.
    (b)  The  Department  of  State  Police  shall maintain a
complete and systematic record and index  of  all  valid  and
recorded  civil  no contact orders issued under this Act. The
data  shall  be  used  to  inform  all  dispatchers  and  law
enforcement officers at the scene of an alleged  incident  of
non-consensual   sexual   conduct  or  non-consensual  sexual
penetration or violation of a civil no contact order  of  any
recorded  prior  incident of non-consensual sexual conduct or
non-consensual sexual penetration involving  the  victim  and
the  effective  dates  and  terms  of  any  recorded civil no
contact order.

Effective Date: 01/01/04