Bill Status of HB4395  93rd General Assembly


Short Description:  CD CRIM PRO-PROTECTIVE ORDERS

House Sponsors
Rep. John A. Fritchey - Patricia Bailey - Linda Chapa LaVia - Susana Mendoza, Careen Gordon, Maria Antonia Berrios, Ralph C. Capparelli, Jack D. Franks and David E. Miller

Senate Sponsors
(Sen. Barack Obama - Don Harmon - Jacqueline Y. Collins - Kimberly A. Lightford, Kirk W. Dillard, John J. Cullerton and Dale E. Risinger)

Last Action
DateChamber Action
  7/26/2004HousePublic Act . . . . . . . . . 93-0811

Statutes Amended In Order of Appearance
725 ILCS 5/112A-3from Ch. 38, par. 112A-3
750 ILCS 60/103from Ch. 40, par. 2311-3


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Defines "stay away".

House Committee Amendment No. 1
Adds reference to:
740 ILCS 22/103
740 ILCS 22/202
740 ILCS 22/204.3 new
740 ILCS 22/213
740 ILCS 22/214
740 ILCS 22/217
740 ILCS 22/218
740 ILCS 22/218.5 new

Amends the Civil No Contact Order Act. Removes the definition of "abuse". Defines "stay away". Provides that the court shall provide, through the office of the clerk of the court, simplified forms for filing a petition (instead of simplified forms and clerical assistance to help with the writing and filing of a petition). Provides that the court may appoint counsel to represent the petitioner if the respondent is represented by counsel. Changes what a civil no contact order may contain. Provides that an emergency civil 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 nonconsensual sexual penetration by the respondent and to support the granting of relief under the issuance of the civil no contact order. Removes from the requirements that must be stated in the civil no contact order the name of each person (other than the victim) protected by the order and that the person is protected by the Act. Provides that, for emergency civil no contact orders, the order must state that the respondent may petition the court to reopen the order if he or she did not receive actual prior notice of the hearing and if the respondent alleges that he or she had a meritorious defense to the order or that the order or its remedy is not authorized by the Act. Makes other changes.

Actions 
DateChamber Action
  2/3/2004HouseFiled with the Clerk by Rep. John A. Fritchey
  2/3/2004HouseFirst Reading
  2/3/2004HouseReferred to Rules Committee
  2/19/2004HouseAdded Chief Co-Sponsor Rep. Patricia Bailey
  2/19/2004HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  2/19/2004HouseAdded Chief Co-Sponsor Rep. Susana Mendoza
  2/24/2004HouseAssigned to Judiciary II - Criminal Law Committee
  3/4/2004HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/4/2004HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/4/2004HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/4/2004HousePlaced on Calendar 2nd Reading - Short Debate
  3/23/2004HouseSecond Reading - Short Debate
  3/23/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2004HouseAdded Co-Sponsor Rep. Careen Gordon
  3/24/2004HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/24/2004HouseAdded Co-Sponsor Rep. Ralph C. Capparelli
  3/24/2004HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/24/2004HouseAdded Co-Sponsor Rep. David E. Miller
  3/24/2004HouseThird Reading - Short Debate - Passed 115-000-000
  3/24/2004SenateArrive in Senate
  3/24/2004SenatePlaced on Calendar Order of First Reading March 25, 2004
  3/25/2004SenateChief Senate Sponsor Sen. Barack Obama
  3/25/2004SenateFirst Reading
  3/25/2004SenateReferred to Rules
  3/31/2004SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  4/1/2004SenateAdded as Alternate Co-Sponsor Sen. John J. Cullerton
  4/15/2004SenateAssigned to Judiciary
  4/20/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  4/22/2004SenateDo Pass Judiciary; 010-000-000
  4/22/2004SenatePlaced on Calendar Order of 2nd Reading April 27, 2004
  4/28/2004SenateSecond Reading
  4/28/2004SenatePlaced on Calendar Order of 3rd Reading April 29, 2004
  4/28/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/5/2004SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  5/5/2004SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/5/2004SenateThird Reading - Passed; 057-000-000
  5/5/2004HousePassed Both Houses
  6/3/2004HouseSent to the Governor
  7/26/2004HouseGovernor Approved
  7/26/2004HouseEffective Date January 1, 2005
  7/26/2004HousePublic Act . . . . . . . . . 93-0811