Bill Text: IL SB2828 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2828 Detail]

Download: Illinois-2023-SB2828-Introduced.html

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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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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 220 as follows:
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 217 shall be
effective for not less than 14 nor more than 21 days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders.
(0.05) A plenary order of protection entered under
this Act shall be valid for a fixed period of time not less
than 2 years nor more than 10 years in the discretion of
the court , not to exceed two years.
(1) A plenary order of protection entered in
conjunction with another civil proceeding shall remain in
effect as follows:
(i) if entered as preliminary relief in that other

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proceeding, until entry of final judgment in that
other proceeding;
(ii) if incorporated into the final judgment in
that other proceeding, until the order of protection
is vacated or modified; or
(iii) if incorporated in an order for involuntary
commitment, until termination of both the involuntary
commitment and any voluntary commitment, or for a
fixed period of time not exceeding 2 years.
(2) Duration of an order of protection entered in
conjunction with a criminal prosecution or delinquency
petition shall remain in effect as provided in Section
112A-20 of the Code of Criminal Procedure of 1963.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection expires upon the occurrence of a specified event,
rather than upon a specified date as provided in subsection
(b), no expiration date shall be entered in Illinois State
Police records. To remove the plenary order from those
records, either party shall request the clerk of the court to
file a certified copy of an order stating that the specified
event has occurred or that the plenary order has been vacated
or modified with the Sheriff, and the Sheriff shall direct
that law enforcement records shall be promptly corrected in

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accordance with the filed order.
(e) Extension of orders. Any emergency, interim or plenary
order may be extended one or more times, as required, provided
that the requirements of Section 217, 218 or 219, as
appropriate, are satisfied. If the motion for extension is
uncontested and petitioner seeks no modification of the order,
the order may be extended on the basis of petitioner's motion
or affidavit stating that there has been no material change in
relevant circumstances since entry of the order and stating
the reason for the requested extension. An extension of a
plenary order of protection may be granted, upon good cause
shown, to remain in effect until the order of protection is
vacated or modified. Extensions may be granted only in open
court and not under the provisions of subsection (c) of
Section 217, which applies only when the court is unavailable
at the close of business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of
the next court business day. 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.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for the issuance
of an order of protection undermines the purposes of this Act.
This Section shall not be construed as encouraging that

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