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Public Act 096-1241


 

Public Act 1241 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1241
 
HB5510 EnrolledLRB096 19632 AJO 35028 b

    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
        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.
            (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
    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:
 
    (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
        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
        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.
        (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.)

Effective Date: 1/1/2011