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Public Act 101-0255


 

Public Act 0255 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0255
 
HB2309 EnrolledLRB101 07196 LNS 52234 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Stalking No Contact Order Act is amended by
changing Sections 20 and 95 as follows:
 
    (740 ILCS 21/20)
    Sec. 20. Commencement of action; filing fees.
    (a) An action for a stalking no contact order is commenced:
        (1) independently, by filing a petition for a stalking
    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 as provided in Article 112A of the
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for an emergency stalking no contact
order is filed, the petition shall not be publicly available
until the petition is served on the respondent.
    (b) Withdrawal or dismissal of any petition for a stalking
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 stalking 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 stalking 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 for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 100-199, eff. 1-1-18.)
 
    (740 ILCS 21/95)
    Sec. 95. Emergency stalking no contact order.
    (a) An emergency stalking 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 50;
        (2) the requirements of Section 80 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.
    An emergency stalking no contact order shall be issued by
the court if it appears from the contents of the petition and
the examination of the petitioner that the averments are
sufficient to indicate stalking by the respondent and to
support the granting of relief under the issuance of the
stalking no contact order.
    An emergency stalking no contact order shall be issued if
the court finds that items (1), (2), and (3) of this subsection
(a) are met.
    (a-5) When a petition for an emergency stalking no contact
order is granted, the order shall not be publicly available
until the order is served on the respondent.
    (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
100 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 stalking 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 stalking 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 60. Filing the petition
    shall commence proceedings for further relief under
    Section 20. Failure to comply with the requirements of this
    paragraph (3) does not affect the validity of the order.
(Source: P.A. 96-246, eff. 1-1-10.)
 
    Section 10. The Civil No Contact Order Act is amended by
changing Sections 202 and 213 as follows:
 
    (740 ILCS 22/202)
    Sec. 202. Commencement of action; filing fees.
    (a) An action for a civil no contact order is commenced:
        (1) independently, by filing a petition for 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 as provided in Article 112A of the
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for a civil no contact order is
filed, the petition shall not be publicly available until the
petition is served on the respondent.
    (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 for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 100-199, eff. 1-1-18.)
 
    (740 ILCS 22/213)
    Sec. 213. Civil no contact order; remedies.
    (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.
    (a-5) When a petition for a civil no contact order is
granted, the order shall not be publicly available until the
order is served on the respondent.
    (b) (Blank).
    (b-5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming
    within, or knowingly remaining within, a specified
    distance from the petitioner;
        (2) restrain the respondent from having any contact,
    including nonphysical contact, with the petitioner
    directly, indirectly, or through third parties, regardless
    of whether those third parties know of the order;
        (3) prohibit the respondent from knowingly coming
    within, or knowingly remaining within, a specified
    distance from the petitioner's residence, school, day care
    or other specified location;
        (4) order the respondent to stay away from any property
    or animal owned, possessed, leased, kept, or held by the
    petitioner and forbid the respondent from taking,
    transferring, encumbering, concealing, harming, or
    otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or
    appropriate for the protection of the petitioner.
    (b-6) When the petitioner and the respondent attend the
same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program or
solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private or
non-public school shall have sole discretion to determine the
attendance center to which the respondent is transferred. In
the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents or legal guardians of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
    (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 7 of the Criminal Code of
    2012;
        (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 7 of the Criminal
    Code of 2012;
        (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.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1150, eff. 1-25-13.)
 
    Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 217 as follows:
 
    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
    Sec. 202. Commencement of action; filing fees; dismissal.
    (a) How to commence action. Actions for orders of
protection are commenced:
        (1) Independently: By filing a petition for an order of
    protection in any civil court, unless specific courts are
    designated by local rule or order.
        (2) In conjunction with another civil proceeding: By
    filing a petition for an order of protection under the same
    case number as another civil proceeding involving the
    parties, including but not limited to: (i) any proceeding
    under the Illinois Marriage and Dissolution of Marriage
    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
    and Children Act, Revised Uniform Reciprocal Enforcement
    of Support Act or an action for nonsupport brought under
    Article X of the Illinois Public Aid Code, provided that a
    petitioner and the respondent are a party to or the subject
    of that proceeding or (ii) a guardianship proceeding under
    the Probate Act of 1975, or a proceeding for involuntary
    commitment under the Mental Health and Developmental
    Disabilities Code, or any proceeding, other than a
    delinquency petition, under the Juvenile Court Act of 1987,
    provided that a petitioner or the respondent is a party to
    or the subject of such proceeding.
        (3) In conjunction with a delinquency petition or a
    criminal prosecution as provided in Section 112A-20 of the
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for an emergency order of protection
is filed, the petition shall not be publicly available until
the petition is served on the respondent.
    (b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for issuing
alias summons; or for any related filing service. 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.
    (c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) 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 the order of
protection; instead, it may be treated as an independent action
and, if necessary and appropriate, transferred to a different
court or division. Dismissal of any conjoined case shall not
affect the validity of any previously issued order of
protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
    (d) Pro se petitions. 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. In
addition, that assistance may be provided by the state's
attorney.
    (e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
may adopt rules to establish and implement a pilot program to
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants for whom attendance in court to
file for and obtain emergency relief would constitute an undue
hardship or would constitute a risk of harm to the litigant.
        (1) As used in this subsection:
            (A) "Electronic means" means any method of
        transmission of information between computers or other
        machines designed for the purpose of sending or
        receiving electronic transmission and that allows for
        the recipient of information to reproduce the
        information received in a tangible medium of
        expression.
            (B) "Independent audio-visual system" means an
        electronic system for the transmission and receiving
        of audio and visual signals, including those with the
        means to preclude the unauthorized reception and
        decoding of the signals by commercially available
        television receivers, channel converters, or other
        available receiving devices.
            (C) "Electronic appearance" means an appearance in
        which one or more of the parties are not present in the
        court, but in which, by means of an independent
        audio-visual system, all of the participants are
        simultaneously able to see and hear reproductions of
        the voices and images of the judge, counsel, parties,
        witnesses, and any other participants.
        (2) Any pilot program under this subsection (e) shall
    be developed by the administrative director or his or her
    delegate in consultation with at least one local
    organization providing assistance to domestic violence
    victims. The program plan shall include but not be limited
    to:
            (A) identification of agencies equipped with or
        that have access to an independent audio-visual system
        and electronic means for filing documents; and
            (B) identification of one or more organizations
        who are trained and available to assist petitioners in
        preparing and filing petitions for temporary orders of
        protection and in their electronic appearances before
        the court to obtain such orders; and
            (C) identification of the existing resources
        available in local family courts for the
        implementation and oversight of the pilot program; and
            (D) procedures for filing petitions and documents
        by electronic means, swearing in the petitioners and
        witnesses, preparation of a transcript of testimony
        and evidence presented, and a prompt transmission of
        any orders issued to the parties; and
            (E) a timeline for implementation and a plan for
        informing the public about the availability of the
        program; and
            (F) a description of the data to be collected in
        order to evaluate and make recommendations for
        improvements to the pilot program.
        (3) In conjunction with an electronic appearance, any
    petitioner for an ex parte temporary order of protection
    may, using the assistance of a trained advocate if
    necessary, commence the proceedings by filing a petition by
    electronic means.
            (A) A petitioner who is seeking an ex parte
        temporary order of protection using an electronic
        appearance must file a petition in advance of the
        appearance and may do so electronically.
            (B) The petitioner must show that traveling to or
        appearing in court would constitute an undue hardship
        or create a risk of harm to the petitioner. In granting
        or denying any relief sought by the petitioner, the
        court shall state the names of all participants and
        whether it is granting or denying an appearance by
        electronic means and the basis for such a
        determination. A party is not required to file a
        petition or other document by electronic means or to
        testify by means of an electronic appearance.
            (C) Nothing in this subsection (e) affects or
        changes any existing laws governing the service of
        process, including requirements for personal service
        or the sealing and confidentiality of court records in
        court proceedings or access to court records by the
        parties to the proceedings.
        (4) Appearances.
            (A) All electronic appearances by a petitioner
        seeking an ex parte temporary order of protection under
        this subsection (e) are strictly voluntary and the
        court shall obtain the consent of the petitioner on the
        record at the commencement of each appearance.
            (B) Electronic appearances under this subsection
        (e) shall be recorded and preserved for transcription.
        Documentary evidence, if any, referred to by a party or
        witness or the court may be transmitted and submitted
        and introduced by electronic means.
(Source: P.A. 99-718, eff. 1-1-17; 100-199, eff. 1-1-18;
100-201, eff. 8-18-17.)
 
    (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.
    (a-5) When a petition for an emergency order of protection
is granted, the order shall not be publicly available until the
order is served on the respondent.
    (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; 96-1241, eff. 1-1-11.)

Effective Date: 1/1/2020