Bill Text: IL SB3123 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Domestic Violence Act of 1986. Provides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court's records and from the Illinois State Police's Law Enforcement Agencies Data System if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Provides that the clerk shall immediately file the expungement order and all records to be expunged shall be expunged no later than 3 business days after the order. Effective June 1, 2024.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-02 - Referred to Assignments [SB3123 Detail]

Download: Illinois-2023-SB3123-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3123 Introduced 2/2/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
750 ILCS 60/217 from Ch. 40, par. 2312-17
Amends the Illinois Domestic Violence Act of 1986. Provides that upon petition, the court shall order that a person against whom an emergency order of protection was issued shall have all records related to the emergency order expunged (unless the person violated the order) from the court's records and from the Illinois State Police's Law Enforcement Agencies Data System if: (1) the person who sought the emergency order fails to seek a plenary order of protection before the emergency order expires; (2) there is an agreed dismissal; or (3) the court denies the issuance of a plenary order of protection following the emergency order. Provides that the clerk shall immediately file the expungement order and all records to be expunged shall be expunged no later than 3 business days after the order. Effective June 1, 2024.
LRB103 38016 RLC 68148 b
A BILL FOR
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AN ACT concerning domestic violence.
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 217 as follows:
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(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:
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 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:
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
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

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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;
(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
notice or greater notice than was actually given of
the petitioner's efforts to obtain judicial relief,
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
hardships to respondent from exclusion from the home

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substantially outweigh those to the petitioner;
(iii) For the remedy of "possession of personal
property" described in Section 214(b)(10), improper
disposition of the personal property 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, or
the petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support, or monetary compensation
remedies.
(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
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.
(c) Emergency orders: court holidays and evenings.
(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.
(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
emergency order of protection at all times, whether or not
the court is in session.
(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

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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 subsection
shall not affect the validity of the order.
(d) Expungement.
(1) Upon the petition of a respondent subject to an
emergency order issued under this Section, the court shall
order that all records related to the emergency order be
expunged from the court's records and from the Law
Enforcement Agencies Data System maintained by the
Illinois State Police if the petitioner who sought the
emergency order failed to seek a plenary order of
protection under this Act prior to the expiration of the
emergency order.
(2) Following issuance of an emergency order of
protection under this Section, upon the subsequent denial
of a plenary order of protection, an agreed dismissal of
an action for a plenary order of protection, or the
dismissal of an action for a plenary order of protection
due to the petitioner's or the petitioner's legal
counsel's failure to appear, the court shall order all
records related to the emergency order be expunged from

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the court's records and from the Law Enforcement Agencies
Data System maintained by the Illinois State Police.
(3) The clerk of the court shall immediately file a
certified copy of the expungement order with the Illinois
State Police.
(4) All records related to an emergency order required
to be expunged under this subsection shall be expunged no
later than 3 business days after the court issues the
expungement order.
(5) Records related to an emergency order of
protection shall not be expunged under this subsection if
the respondent against whom the emergency order was issued
violated the order.
(Source: P.A. 102-538, eff. 8-20-21; 102-831, eff. 5-13-22;
103-154, eff. 6-30-23; 103-166, eff. 1-1-24.)