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| Public Act 103-0166
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| HB2624 Enrolled | LRB103 30697 LNS 57170 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Court |
Record and Document Accessibility Act.
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Section 5. Record and document accessibility. |
(a) All records and documents are presumed to be |
accessible by the court and the clerk of the court. A clerk of |
the court shall limit access to case information and documents |
that are not identified as public to the clerk of the court or |
limited supervisory staff through the use of access codes |
restricting access. Access to court records and documents |
remotely over the Internet shall be as authorized by the |
Illinois Supreme Court Remote Access Policy. |
(b) Unless otherwise specified by rule, statute, or order, |
access to case information and documents maintained by the |
clerk of the court is defined as follows: |
(1) "Public" means a document or case that is |
accessible by any person upon request. |
(2) "Impounded" means a document or case that is |
accessible only to the parties of record on a case; |
otherwise, the document or case is only accessible upon |
order of a court. |
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(3) "Confidential" means a document or case that is |
accessible only to the party submitting the document or |
filing the case; otherwise, the document or case is only |
accessible upon order of a court. |
(4) "Sealed" means a document or case that is |
accessible only upon order of a court. |
(5) "Expunged" means a document or case that is |
accessible only upon order of a court as provided in |
subparagraph (E) of paragraph (1) of subsection (a) of |
Section 5.2 of the Criminal Identification Act. |
(c) Notwithstanding any provision of subsections (a) and |
(b), the court may enter an order restricting access to any |
case or document per order of court. |
(d) If any law of this State restricts access to any case |
information and documents maintained by the clerk of the court |
by using the phrase "shall not be public", or a similar phrase |
stating that a court record is not available to the public, the |
clerk of the court shall impound such case information and |
documents unless the court directs otherwise. |
(e) Notwithstanding any other provision of law, if any law |
or statute of this State conflicts with Supreme Court Rule 8, |
then Supreme Court Rule 8 governs.
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Section 10. Process for access. The General Assembly |
encourages the Supreme Court to consider establishing a |
process for access to court files that are limited by statute |
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or court rule that includes standardized
forms and provisions |
for requesting access to documents in court
files that are |
restricted in any manner.
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Section 15. Applicability. This Act applies to all court |
records and documents related to any civil or criminal |
proceeding brought before any court in this State that are |
created and maintained by a State court.
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Section 20. The Code of Criminal Procedure of 1963 is |
amended by changing Section 108A-7 as follows:
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(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
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Sec. 108A-7. Retention and Review of Recordings.
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(a) The contents of any conversation overheard by any
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eavesdropping device shall, if possible, be recorded on tape
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or a comparable device. The recording of the contents of a
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conversation under this Article shall be done in such a way
as |
will protect the recording from editing or other alterations.
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(b) Immediately after the expiration of the period of
the |
order or extension or, where the recording was made in an
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emergency situation as defined in Section 108A-6, at the time |
of
the request for approval subsequent to the emergency, all |
such
recordings shall be made available to the judge issuing |
the
order or hearing the application for approval of an |
emergency application.
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The judge shall listen to the tapes, determine if the |
conversations
thereon are within his order or were |
appropriately
made in emergency situations, and make a record |
of such determination
to be retained with the tapes.
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The recordings shall be sealed under the instructions of
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the judge and custody shall be where he orders. Such |
recordings
shall not be destroyed except upon order of the |
judge hearing
the application and in any event shall be kept |
for 10 years
if not destroyed upon his order.
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Duplicate recordings may be made for any use or disclosure
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authorized by this Article. The presence of the seal
provided |
for in this Section or a satisfactory explanation for the
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absence thereof shall be a pre-requisite for the use or
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disclosure of the contents of the recordings or any evidence |
derived therefrom.
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(c) Applications made and orders granted under this
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Article shall be sealed by the judge. Custody of the |
applications
and orders shall be wherever the judge requests.
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Such applications and orders shall be disclosed only upon a
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showing of good cause before a judge. Such documents shall
not |
be destroyed except on the order of the issuing or
denying |
judge or after the expiration of 10 years time if
not destroyed |
upon his order. |
As used in this subsection, "sealed" has the same meaning |
as in paragraph (4) of subsection (b) of Section 5 of the Court |
Record and Document Accessibility Act.
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(Source: P.A. 79-1159.)
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Section 25. The Privacy of Child Victims of Criminal |
Sexual Offenses Act is amended by changing Section 3 as |
follows:
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(725 ILCS 190/3) (from Ch. 38, par. 1453)
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Sec. 3. Confidentiality of Law Enforcement and Court |
Records. Notwithstanding any other law to the contrary, |
inspection and copying of
law enforcement records maintained |
by any law enforcement agency or all circuit
court records |
maintained by any circuit clerk relating to any investigation
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or proceeding pertaining to a criminal sexual offense, by any |
person, except a
judge, state's attorney, assistant state's |
attorney, Attorney General, Assistant Attorney General, |
psychologist,
psychiatrist, social worker, doctor, parent, |
parole agent, aftercare specialist, probation officer,
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defendant, defendant's
attorney, advocate, or victim's |
attorney (as defined in Section 3 of the Rights of Crime |
Victims and Witnesses Act) in any criminal proceeding or |
investigation related thereto, shall
be restricted to exclude |
the identity of any child who is a victim of such
criminal |
sexual offense or alleged criminal sexual offense unless a |
court order is issued authorizing the removal of such |
restriction as provided under this Section of a particular |
case record or particular records of cases maintained by any |
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circuit court clerk. A court may, for
the child's protection |
and for good cause shown, prohibit any person or
agency |
present in court from further disclosing the child's identity.
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A court may prohibit such disclosure only after giving |
notice and a hearing to all affected parties. In determining |
whether to prohibit disclosure of the minor's identity, the |
court shall consider: |
(1) the best interest of the child; and |
(2) whether such nondisclosure would further a |
compelling State interest. |
When a criminal sexual offense is committed or alleged to |
have been
committed by a school district employee or any |
individual contractually employed by a school district, a copy |
of the criminal history record information relating to the |
investigation of the offense or alleged offense shall be
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transmitted to the superintendent of schools
of the district |
immediately upon request or if the law enforcement agency |
knows that a school district employee or any individual |
contractually employed by a school district has committed or |
is alleged to have committed a criminal sexual offense, the |
superintendent of schools
of the district shall be immediately |
provided a copy of the criminal history record information. |
The copy of the criminal history record information to be |
provided under this Section shall exclude the identity of the |
child victim. The superintendent shall be restricted from
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revealing the identity of the victim. Nothing in this Article |
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precludes or may be used to preclude a mandated reporter from |
reporting child abuse or child neglect as required under the |
Abused and Neglected Child Reporting Act.
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For the purposes of this Act, "criminal history record |
information" means: |
(i) chronologically maintained arrest information, |
such as traditional
arrest logs or blotters; |
(ii) the name of a person in the custody of a law |
enforcement agency and
the charges for which that person |
is being held; |
(iii) court records that are public, as defined in |
paragraph (1) of subsection (b) of Section 5 of the Court |
Record and Document Accessibility Act; |
(iv) records that are otherwise available under State |
or local law; or |
(v) records in which the requesting party is the |
individual
identified, except as provided under part (vii) |
of
paragraph (c) of subsection (1) of Section 7 of the |
Freedom of Information Act.
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(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
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Section 30. The Unified Code of Corrections is amended by |
changing Section 5-5.5-15 as follows:
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(730 ILCS 5/5-5.5-15)
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Sec. 5-5.5-15. Certificates of relief from disabilities |
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issued by courts.
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(a) Any circuit court of this State may issue a
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certificate of
relief from disabilities to an eligible |
offender for a conviction that
occurred in that court if the |
court imposed the sentence. The certificate may be issued (i) |
at the time
sentence is pronounced, in which case it may grant |
relief from
disabilities, or (ii) at any time
thereafter, in |
which case it shall apply only to disabilities.
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(b) The certificate may not be issued by the court unless |
the court
is satisfied, based on clear and convincing |
evidence, that:
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(1) the person to whom it is to be granted is an |
eligible offender, as
defined in Section 5-5.5-5;
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(2) the relief to be granted by the certificate is |
consistent with the
rehabilitation of the eligible |
offender; and
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(3) the relief to be granted by the certificate is |
consistent with the
public interest.
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(c) If a certificate of relief from disabilities is not |
issued at
the time sentence is pronounced it shall only be |
issued thereafter upon
verified application to the court. The |
court may, for the purpose of
determining whether the |
certificate shall be issued, request the
probation or court |
services department to conduct an investigation of the
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applicant. Any probation officer
requested to make an |
investigation under this Section shall
prepare and submit to |
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the court a written report in accordance with the
request.
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(d) Any court that has issued a certificate of relief from |
disabilities
may at any time issue a new certificate to |
enlarge the relief previously
granted provided that the |
provisions of clauses (1)
through (3) of subsection (b) of |
this Section apply to the issuance of
any such new |
certificate.
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(e) Any written report submitted to the court under this |
Section
is confidential and may not be made available to any |
person or public or
private agency except if specifically |
required or permitted by
statute or upon specific |
authorization of the court. However, it shall
be made |
available by the court for examination by the applicant's
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attorney, or the applicant himself or herself, if he or she has |
no attorney. In
its discretion, the court may except from |
disclosure a part or parts of the
report that are not relevant |
to the granting of a certificate, or
sources of information |
which have been obtained on a promise of
confidentiality, or |
any other portion of the report, disclosure of which
would not |
be in the interest of justice. The action of the court |
excepting
information from disclosure shall be subject to |
appellate review. The
court, in its discretion, may hold a |
conference in open court or in
chambers to afford an applicant |
an opportunity to controvert or to
comment upon any portions |
of the report. The court may also conduct a
summary hearing at |
the conference on any matter relevant to the granting
of the |
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application and may take testimony under oath.
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As used in this subsection, "confidential" has the same |
meaning as in paragraph (3) of subsection (b) of Section 5 of |
the Court Record and Document Accessibility Act. |
(f) An employer is not civilly or criminally liable for an |
act or omission by an employee who has been issued a |
certificate of relief from disabilities, except for a willful |
or wanton act by the employer in hiring the employee who has |
been issued a certificate of relief from disabilities. |
(Source: P.A. 96-852, eff. 1-1-10.)
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Section 35. The Stalking No Contact Order Act is amended |
by changing Sections 20 and 95 as follows:
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(740 ILCS 21/20)
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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-1) A petition for a stalking no contact order may be |
filed in person in-person or online. |
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(a-5) When a petition for an emergency stalking no contact |
order is filed, the petition and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, victim advocate, counsel of record for either |
party, and the State's Attorney for the county until the |
petition is served on the respondent. |
Accessibility to the petition and file under this |
subsection prior to the petition being served on the |
respondent shall be in accordance with Section 5 of the Court |
Record and Document Accessibility Act. |
(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 |
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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.
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(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; |
102-853, eff. 1-1-23; revised 12-14-22.)
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(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 |
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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 petition, order, and file shall not be |
public and shall only be accessible to the court, law |
enforcement, petitioner, victim advocate, counsel of record |
for either party, and the State's Attorney for the county |
until the order is served on the respondent. |
Accessibility to the petition, order, and file under this |
subsection prior to the petition being served on the |
respondent shall be in accordance with Section 5 of the Court |
Record and Document Accessibility Act. |
(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 |
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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.
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(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
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Section 40. The Civil No Contact Order Act is amended by |
changing Sections 202 and 214 as follows:
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(740 ILCS 22/202)
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Sec. 202. Commencement of action; filing fees.
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(a) An action for a civil no contact order is commenced:
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(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
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(2) in conjunction with a
delinquency
petition or a |
criminal prosecution as provided in Article 112A of the |
Code of Criminal Procedure of 1963.
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(a-1) A petition for a civil no contact order may be filed |
in person in-person or online. |
(a-5) When a petition for an emergency civil no contact |
order is filed, the petition and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, rape crisis advocate, counsel of record for either |
party, and the State's Attorney for the county until the |
petition is served on the respondent. |
Accessibility to the petition and file under this |
subsection prior to the petition being served on the |
respondent shall be in accordance with Section 5 of the Court |
Record and Document Accessibility Act. |
(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 |
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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.
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(c) No fee shall be
charged by the clerk of the court for |
filing petitions or modifying or
certifying orders. No
fee
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shall be charged by the sheriff for service by the sheriff of a
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petition, rule, motion, or order in an action commenced under |
this
Section.
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(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.
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(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; |
102-853, eff. 1-1-23; revised 12-14-22.)
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(740 ILCS 22/214)
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Sec. 214. Emergency civil no contact order.
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(a) An emergency civil no contact order shall issue if
the |
petitioner satisfies the requirements of this subsection (a). |
The
petitioner
shall establish that:
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(1) the court has jurisdiction under Section 206;
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(2) the requirements of Section 213 are satisfied; and
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(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 |
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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.
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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 conduct or |
nonconsensual sexual penetration by the respondent and to |
support the granting of relief under the issuance of the civil |
no contact order.
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An emergency civil no contact order shall be issued if the |
court finds that subsections (1), (2), and (3) above are met.
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(a-5) When a petition for a civil no contact order is |
granted, the petition, order, and file shall not be public and |
shall only be accessible to the court, law enforcement, |
petitioner, rape crisis advocate, counsel of record for either |
party, and the State's Attorney for the county until the |
petition is served on the respondent. |
Accessibility to the petition, order, and file under this |
subsection prior to the petition being served on the |
respondent shall be in accordance with Section 5 of the Court |
Record and Document Accessibility Act. |
(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 |
215 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
civil no |
contact order.
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(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 civil 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 222. Filing the |
petition shall commence proceedings for
further relief |
|
under Section 202. Failure to comply with the
requirements |
of this paragraph (3) does not affect the validity of the
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order.
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(Source: P.A. 102-831, eff. 5-13-22.)
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Section 45. The Mental Health and Developmental |
Disabilities Confidentiality Act is amended by changing |
Section 3 as follows:
|
(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
|
Sec. 3.
(a) All records and communications shall be |
confidential and shall
not be disclosed except as provided in |
this Act. Unless otherwise expressly provided for in this Act, |
records and communications made or created in the course of |
providing mental health or developmental disabilities services |
shall be protected from disclosure regardless of whether the |
records and communications are made or created in the course |
of a therapeutic relationship.
|
As used in this subsection, "confidential" has the same |
meaning as in paragraph (3) of subsection (b) of Section 5 of |
the Court Record and Document Accessibility Act. |
(b) A therapist is not required to but may, to the extent |
he determines
it necessary and appropriate, keep personal |
notes regarding a recipient.
Such personal notes are the work |
product and personal property of the therapist
and shall not |
be subject to discovery in any judicial, administrative or
|
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legislative proceeding or any proceeding preliminary thereto.
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(c) Psychological test material whose disclosure would |
compromise the
objectivity or fairness of the testing process |
may not be disclosed to
anyone including the subject of the |
test and is not subject to disclosure
in any administrative, |
judicial or legislative proceeding. However, any
recipient who |
has been the subject of the psychological test shall have the
|
right to have all records relating to that test disclosed to |
any
psychologist designated by the recipient. Requests for |
such disclosure
shall be in writing and shall comply with the |
requirements of subsection
(b) of Section 5 of this Act.
|
(Source: P.A. 99-28, eff. 1-1-16.)
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Section 50. The Communicable Disease Report Act is amended |
by changing Section 1 as follows:
|
(745 ILCS 45/1) (from Ch. 126, par. 21)
|
Sec. 1. Whenever any statute of this State or any |
ordinance or
resolution of a municipal corporation or |
political subdivision enacted
pursuant to statute or any rule |
of an administrative agency adopted
pursuant to statute |
requires medical practitioners or other persons to
report |
cases of injury, medical condition or procedure, communicable
|
disease, venereal disease, or sexually
transmitted disease to
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any governmental agency or officer, such reports shall be |
confidential,
and any medical practitioner or other person |
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making such report in good
faith shall be immune from suit for |
slander or libel based upon any
statements contained in such |
report.
|
The identity of any individual who makes a report or who is |
identified in a
report
of an injury, medical condition or |
procedure, communicable
disease, venereal disease, sexually |
transmitted disease, or food-borne
illness or an investigation
|
conducted pursuant to a report of an injury, medical condition |
or
procedure, communicable disease, venereal disease, sexually
|
transmitted disease, or food-borne illness shall be |
confidential and the
identity of any person making a report or |
named therein shall not be
disclosed publicly or in any action |
of any kind in any court or before any
tribunal, board or |
agency; provided that records and communications concerning
a |
venereal disease or sexually transmitted disease in any minor |
under 11
years of age shall be disclosed in accordance with the |
provisions
of the Abused and Neglected Child Reporting Act, |
approved June 26, 1975,
as now or hereafter amended.
|
The confidentiality provisions of this Act do not apply to |
the results
of tests for diseases conducted pursuant to
|
subsections (g) and (g-5) of Section 5-5-3 and
subsection (a) |
of Section
3-15-2 of the Unified Code of Corrections. |
Nothing in this Act prohibits the sharing of information |
as authorized in Section 2.1 of the Department of Public |
Health Act.
|
As used in this Section, "confidential" has the same |
|
meaning as in paragraph (3) of subsection (b) of Section 5 of |
the Court Record and Document Accessibility Act. |
(Source: P.A. 93-829, eff. 7-28-04.)
|
Section 55. 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)
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Sec. 202. Commencement of action; filing fees; dismissal.
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(a) How to commence action. Actions for orders of |
protection are commenced:
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(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.
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(2) In conjunction with another civil proceeding: By
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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, or 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
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guardianship proceeding under the Probate Act of
1975, or |
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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.
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(3) In conjunction with a delinquency petition or a
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criminal prosecution as provided in Section 112A-20 of the |
Code of Criminal Procedure of 1963.
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(a-1) A petition for an order of protection may be filed in |
person in-person or online. |
(a-5) When a petition for an emergency order of protection |
is filed, the petition shall not be public publicly available |
until the petition is served on the respondent. |
Accessibility to the petition under this subsection prior |
to the petition being served on the respondent shall be in |
accordance with Section 5 of the Court Record and Document |
Accessibility Act. |
(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
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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.
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(c) Dismissal and consolidation. Withdrawal or dismissal |
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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,
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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
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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.
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(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 state's attorney.
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(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, |
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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 |
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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 |
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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 |
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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. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23; |
revised 12-13-22.)
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(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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Sec. 217. Emergency order of protection.
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(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, the petitioner shall establish
that:
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(1) The court has jurisdiction under Section 208;
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(2) The requirements of Section 214 are satisfied; and
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(3) There is good cause to grant the remedy, |
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regardless of prior service
of process or of notice upon |
the respondent, because:
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(i) For
the remedies of "prohibition of abuse" |
described in
Section 214(b)(1), "stay away order and |
additional prohibitions" described in
Section
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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;
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(ii) For the remedy of "grant of exclusive |
possession of
residence" described in Section |
214(b)(2), the immediate danger of further
abuse of |
the petitioner by the respondent,
if the petitioner |
chooses or had chosen to remain in the residence or |
household
while the respondent was given any prior |
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notice or greater notice than was
actually given of |
the petitioner's efforts to obtain judicial relief,
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outweighs the hardships to the respondent of an |
emergency order
granting the petitioner exclusive |
possession of the residence or household.
This remedy |
shall not be denied because the petitioner has or |
could obtain
temporary shelter elsewhere while prior |
notice is given to the respondent, unless
the
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hardships to respondent from exclusion from the home |
substantially outweigh
those to the petitioner;
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(iii) For the remedy of "possession of personal |
property"
described in
Section 214(b)(10), improper |
disposition of the personal
property would be likely
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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, or |
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petitioner has an immediate and pressing need for |
possession of that property.
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An emergency order may not include the counseling, legal |
custody, payment
of support, or monetary compensation |
remedies.
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(a-5) When a petition for an emergency order of protection |
is granted, the order and file shall not be public and shall |
only be accessible to the court, the petitioner, law |
enforcement, a domestic violence advocate or counselor, the |
counsel of record for either party, and the State's Attorney |
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for the county until the order is served on the respondent. |
Accessibility to the order and file under this subsection |
prior to the order being served on the respondent shall be in |
accordance with Section 5 of the Court Record and Document |
Accessibility Act. |
(b) Appearance by respondent.
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.
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Notwithstanding the requirements of this Section, if all |
requirements of
Section 218 have been met, the court may issue |
a 30-day interim order.
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(c) Emergency orders: court holidays and evenings.
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(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 the petitioner and that the |
petitioner has satisfied the
prerequisites set forth in |
subsection (a) of Section 217, that judge may
issue an |
emergency order of protection.
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(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 |
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emergency
order of protection at all times, whether or not |
the court is in session.
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(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 Illinois 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.
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Failure to comply with the requirements of this subsection |
shall not
affect the validity of the order.
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(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; |
102-831, eff. 5-13-22; revised 7-29-22.)
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Section 60. The Probate Act of 1975 is amended by changing |
Section 11a-9 as follows:
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(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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Sec. 11a-9. Report. |
(a) The petition for adjudication of disability
and for |
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appointment of a guardian
should be accompanied by a report |
which contains (1) a description of
the nature and type of the |
respondent's disability and an assessment of how
the |
disability impacts on the ability of the respondent to make |
decisions or
to function independently; (2) an analysis and |
results of evaluations of
the respondent's mental and physical |
condition and, where
appropriate, educational condition, |
adaptive behavior and social skills,
which have been performed |
within 3 months of the date of the filing of the
petition, or, |
in the case of an intellectual disability, a psychological |
evaluation of the respondent that has been performed by a |
clinical psychologist licensed under the Clinical Psychologist |
Licensing Act, within one year of the date of the filing of the |
petition; (3) an opinion as to whether guardianship is
needed, |
the type and scope of the guardianship needed, and the reasons
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therefor; (4) a recommendation as to the most suitable living |
arrangement
and, where appropriate, treatment or habilitation |
plan for the respondent
and the reasons therefor; (5) the |
name, business address, business telephone number, and |
signatures of all persons who performed
the evaluations upon |
which the report is based, one of whom shall be
a licensed |
physician, or may, in the case of an intellectual disability, |
be a clinical psychologist licensed under the Clinical |
Psychologist Licensing Act, and a statement of the |
certification, license, or other
credentials that qualify the |
evaluators who prepared the report.
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(b) If for any reason no report accompanies the petition, |
the court
shall order appropriate evaluations to be performed |
by a qualified
person or persons and a report prepared and |
filed with the court at least
10 days prior to the hearing.
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(b-5) Upon oral or written motion by the respondent or the |
guardian ad
litem or upon the court's own motion, the court |
shall appoint one or more
independent experts to examine the |
respondent. Upon the filing with the
court of a verified |
statement of services rendered by the expert or
experts, the |
court shall determine a reasonable fee for the services
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performed. If the respondent is unable to pay the fee, the |
court may
enter an order upon the petitioner to pay the entire |
fee or such
amount as
the respondent is unable to pay.
However, |
in cases where the Office of State Guardian is the petitioner,
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consistent with Section 30 of the Guardianship and Advocacy |
Act, no expert
services fees shall be assessed against the |
Office of the State Guardian. |
(c) Unless the court otherwise directs, any report |
prepared pursuant
to this Section shall not be made
part of the |
public record of the proceedings but shall be available to
the |
court or an appellate court in which the proceedings are |
subject to
review, to the respondent, the petitioner, the |
guardian, and their
attorneys, to the
respondent's guardian ad |
litem, and to such other persons as the court
may direct.
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Accessibility to a report prepared pursuant to this |
Section shall be in accordance with Section 5 of the Court |
