Full Text of SB2828 103rd General Assembly
SB2828 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2828 Introduced 1/19/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: | | 750 ILCS 60/220 | from Ch. 40, par. 2312-20 |
| Amends the Illinois Domestic Violence Act of 1986. Changes the duration of a plenary order in the discretion of the court to not less than 2 years nor more than 10 years (now, not to exceed 2 years). Provides that failure to state the termination date on the face of the form of a plenary order creates a plenary order with a duration of 2 years from the date of issuance. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 220 as follows: | 6 | | (750 ILCS 60/220) (from Ch. 40, par. 2312-20) | 7 | | Sec. 220. Duration and extension of orders. | 8 | | (a) Duration of emergency and interim orders. Unless | 9 | | re-opened or extended or voided by entry of an order of greater | 10 | | duration: | 11 | | (1) Emergency orders issued under Section 217 shall be | 12 | | effective for not less than 14 nor more than 21 days; | 13 | | (2) Interim orders shall be effective for up to 30 | 14 | | days. | 15 | | (b) Duration of plenary orders. | 16 | | (0.05) A plenary order of protection entered under | 17 | | this Act shall be valid for a fixed period of time not less | 18 | | than 2 years nor more than 10 years in the discretion of | 19 | | the court , not to exceed two years . | 20 | | (1) A plenary order of protection entered in | 21 | | conjunction with another civil proceeding shall remain in | 22 | | effect as follows: | 23 | | (i) if entered as preliminary relief in that other |
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| 1 | | proceeding, until entry of final judgment in that | 2 | | other proceeding; | 3 | | (ii) if incorporated into the final judgment in | 4 | | that other proceeding, until the order of protection | 5 | | is vacated or modified; or | 6 | | (iii) if incorporated in an order for involuntary | 7 | | commitment, until termination of both the involuntary | 8 | | commitment and any voluntary commitment, or for a | 9 | | fixed period of time not exceeding 2 years. | 10 | | (2) Duration of an order of protection entered in | 11 | | conjunction with a criminal prosecution or delinquency | 12 | | petition shall remain in effect as provided in Section | 13 | | 112A-20 of the Code of Criminal Procedure of 1963. | 14 | | (c) Computation of time. The duration of an order of | 15 | | protection shall not be reduced by the duration of any prior | 16 | | order of protection. | 17 | | (d) Law enforcement records. When a plenary order of | 18 | | protection expires upon the occurrence of a specified event, | 19 | | rather than upon a specified date as provided in subsection | 20 | | (b), no expiration date shall be entered in Illinois State | 21 | | Police records. To remove the plenary order from those | 22 | | records, either party shall request the clerk of the court to | 23 | | file a certified copy of an order stating that the specified | 24 | | event has occurred or that the plenary order has been vacated | 25 | | or modified with the Sheriff, and the Sheriff shall direct | 26 | | that law enforcement records shall be promptly corrected in |
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| 1 | | accordance with the filed order. | 2 | | (e) Extension of orders. Any emergency, interim or plenary | 3 | | order may be extended one or more times, as required, provided | 4 | | that the requirements of Section 217, 218 or 219, as | 5 | | appropriate, are satisfied. If the motion for extension is | 6 | | uncontested and petitioner seeks no modification of the order, | 7 | | the order may be extended on the basis of petitioner's motion | 8 | | or affidavit stating that there has been no material change in | 9 | | relevant circumstances since entry of the order and stating | 10 | | the reason for the requested extension. An extension of a | 11 | | plenary order of protection may be granted, upon good cause | 12 | | shown, to remain in effect until the order of protection is | 13 | | vacated or modified. Extensions may be granted only in open | 14 | | court and not under the provisions of subsection (c) of | 15 | | Section 217, which applies only when the court is unavailable | 16 | | at the close of business or on a court holiday. | 17 | | (f) Termination date. Any order of protection which would | 18 | | expire on a court holiday shall instead expire at the close of | 19 | | the next court business day. Failure to state the termination | 20 | | date on the face of the form of a plenary order creates a | 21 | | plenary order with a duration of 2 years from the date of | 22 | | issuance. | 23 | | (g) Statement of purpose. The practice of dismissing or | 24 | | suspending a criminal prosecution in exchange for the issuance | 25 | | of an order of protection undermines the purposes of this Act. | 26 | | This Section shall not be construed as encouraging that |
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| 1 | | practice. | 2 | | (Source: P.A. 102-538, eff. 8-20-21.) |
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