Illinois General Assembly - Full Text of SB2828
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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.


LRB103 36689 JRC 66799 b

 

 

A BILL FOR

 

SB2828LRB103 36689 JRC 66799 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended 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
9re-opened or extended or voided by entry of an order of greater
10duration:
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

 

 

SB2828- 2 -LRB103 36689 JRC 66799 b

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
15protection shall not be reduced by the duration of any prior
16order of protection.
17    (d) Law enforcement records. When a plenary order of
18protection expires upon the occurrence of a specified event,
19rather than upon a specified date as provided in subsection
20(b), no expiration date shall be entered in Illinois State
21Police records. To remove the plenary order from those
22records, either party shall request the clerk of the court to
23file a certified copy of an order stating that the specified
24event has occurred or that the plenary order has been vacated
25or modified with the Sheriff, and the Sheriff shall direct
26that law enforcement records shall be promptly corrected in

 

 

SB2828- 3 -LRB103 36689 JRC 66799 b

1accordance with the filed order.
2    (e) Extension of orders. Any emergency, interim or plenary
3order may be extended one or more times, as required, provided
4that the requirements of Section 217, 218 or 219, as
5appropriate, are satisfied. If the motion for extension is
6uncontested and petitioner seeks no modification of the order,
7the order may be extended on the basis of petitioner's motion
8or affidavit stating that there has been no material change in
9relevant circumstances since entry of the order and stating
10the reason for the requested extension. An extension of a
11plenary order of protection may be granted, upon good cause
12shown, to remain in effect until the order of protection is
13vacated or modified. Extensions may be granted only in open
14court and not under the provisions of subsection (c) of
15Section 217, which applies only when the court is unavailable
16at the close of business or on a court holiday.
17    (f) Termination date. Any order of protection which would
18expire on a court holiday shall instead expire at the close of
19the next court business day. Failure to state the termination
20date on the face of the form of a plenary order creates a
21plenary order with a duration of 2 years from the date of
22issuance.
23    (g) Statement of purpose. The practice of dismissing or
24suspending a criminal prosecution in exchange for the issuance
25of an order of protection undermines the purposes of this Act.
26This Section shall not be construed as encouraging that

 

 

SB2828- 4 -LRB103 36689 JRC 66799 b

1practice.
2(Source: P.A. 102-538, eff. 8-20-21.)