Bill Text: IL SB3157 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Stalking No Contact Order Act. Provides that 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. Provides that 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. Amends the Civil No Contact Order Act. Provides that 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. Provides that when a petition for a civil no contact order is granted, 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. Amends the Illinois Domestic Violence Act of 1986. Provides that 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, petitioner, law enforcement, domestic violence advocate or counselor, counsel of record for either party, and the State's Attorney for the county until the order is served on the respondent. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0831 [SB3157 Detail]
Download: Illinois-2021-SB3157-Enrolled.html
Bill Title: Amends the Stalking No Contact Order Act. Provides that 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. Provides that 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. Amends the Civil No Contact Order Act. Provides that 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. Provides that when a petition for a civil no contact order is granted, 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. Amends the Illinois Domestic Violence Act of 1986. Provides that 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, petitioner, law enforcement, domestic violence advocate or counselor, counsel of record for either party, and the State's Attorney for the county until the order is served on the respondent. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 13-2)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0831 [SB3157 Detail]
Download: Illinois-2021-SB3157-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Sections 20 and 95 as follows:
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6 | (740 ILCS 21/20) | ||||||
7 | Sec. 20. Commencement of action; filing fees. | ||||||
8 | (a) An action for a stalking no contact order is | ||||||
9 | commenced: | ||||||
10 | (1) independently, by filing a petition for a stalking | ||||||
11 | no contact order in any civil court, unless specific | ||||||
12 | courts are designated by local rule or order; or | ||||||
13 | (2) in conjunction with a delinquency petition or a | ||||||
14 | criminal prosecution as provided in Article 112A of the | ||||||
15 | Code of Criminal Procedure of 1963. | ||||||
16 | (a-5) When a petition for an emergency stalking no contact | ||||||
17 | order is filed, the petition and file shall not be public and | ||||||
18 | shall only be accessible to the court, law enforcement, | ||||||
19 | petitioner, victim advocate, counsel of record for either | ||||||
20 | party, and the State's Attorney for the county shall not be | ||||||
21 | publicly available until the petition is served on the | ||||||
22 | respondent. | ||||||
23 | (b) Withdrawal or dismissal of any petition for a stalking |
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1 | no contact order prior to adjudication where the petitioner is | ||||||
2 | represented by the State shall operate as a dismissal without | ||||||
3 | prejudice. No action for a stalking no contact order shall be | ||||||
4 | dismissed because the respondent is being prosecuted for a | ||||||
5 | crime against the petitioner. For any action commenced under | ||||||
6 | item (2) of subsection (a) of this Section, dismissal of the | ||||||
7 | conjoined case (or a finding of not guilty) shall not require | ||||||
8 | dismissal of the action for a stalking no contact order; | ||||||
9 | instead, it may be treated as an independent action and, if | ||||||
10 | necessary and appropriate, transferred to a different court or | ||||||
11 | division. | ||||||
12 | (c) No fee shall be charged by the clerk of the court for | ||||||
13 | filing petitions or modifying or certifying orders. No fee | ||||||
14 | shall be charged by the sheriff for service by the sheriff of a | ||||||
15 | petition, rule, motion, or order in an action commenced under | ||||||
16 | this Section. | ||||||
17 | (d) The court shall provide, through the office of the | ||||||
18 | clerk of the court, simplified forms for filing of a petition | ||||||
19 | under this Section by any person not represented by counsel.
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20 | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .)
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21 | (740 ILCS 21/95) | ||||||
22 | Sec. 95. Emergency stalking no contact order. | ||||||
23 | (a) An emergency stalking no contact order shall issue if | ||||||
24 | the petitioner satisfies the requirements of this subsection | ||||||
25 | (a). The petitioner shall establish that: |
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1 | (1) the court has jurisdiction under Section 50; | ||||||
2 | (2) the requirements of Section 80 are satisfied; and | ||||||
3 | (3) there is good cause to grant the remedy, | ||||||
4 | regardless of prior service of process or of notice upon | ||||||
5 | the respondent, because the harm which that remedy is | ||||||
6 | intended to prevent would be likely to occur if the | ||||||
7 | respondent were given any prior notice, or greater notice | ||||||
8 | than was actually given, of the petitioner's efforts to | ||||||
9 | obtain judicial relief. | ||||||
10 | An emergency stalking no contact order shall be issued by | ||||||
11 | the court if it appears from the contents of the petition and | ||||||
12 | the examination of the petitioner that the averments are | ||||||
13 | sufficient to indicate stalking by the respondent and to | ||||||
14 | support the granting of relief under the issuance of the | ||||||
15 | stalking no contact order. | ||||||
16 | An emergency stalking no contact order shall be issued if | ||||||
17 | the court finds that items (1), (2), and (3) of this subsection | ||||||
18 | (a) are met. | ||||||
19 | (a-5) When a petition for an emergency stalking no contact | ||||||
20 | order is granted, the petition, order , and file shall not be | ||||||
21 | public and shall only be accessible to the court, law | ||||||
22 | enforcement, petitioner, victim advocate, counsel of record | ||||||
23 | for either party, and the State's Attorney for the county | ||||||
24 | shall not be publicly available until the order is served on | ||||||
25 | the respondent. | ||||||
26 | (b) If the respondent appears in court for this hearing |
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1 | for an emergency order, he or she may elect to file a general | ||||||
2 | appearance and testify. Any resulting order may be an | ||||||
3 | emergency order, governed by this Section. Notwithstanding the | ||||||
4 | requirements of this Section, if all requirements of Section | ||||||
5 | 100 have been met, the court may issue a plenary order. | ||||||
6 | (c) Emergency orders; court holidays and evenings. | ||||||
7 | (1) When the court is unavailable at the close of | ||||||
8 | business, the petitioner may file a petition for a 21-day | ||||||
9 | emergency order before any available circuit judge or | ||||||
10 | associate judge who may grant relief under this Act. If | ||||||
11 | the judge finds that there is an immediate and present | ||||||
12 | danger of abuse against the petitioner and that the | ||||||
13 | petitioner has satisfied the prerequisites set forth in | ||||||
14 | subsection (a), that judge may issue an emergency stalking | ||||||
15 | no contact order. | ||||||
16 | (2) The chief judge of the circuit court may designate | ||||||
17 | for each county in the circuit at least one judge to be | ||||||
18 | reasonably available to issue orally, by telephone, by | ||||||
19 | facsimile, or otherwise, an emergency stalking no contact | ||||||
20 | order at all times, whether or not the court is in session. | ||||||
21 | (3) Any order issued under this Section and any | ||||||
22 | documentation in support of the order shall be certified | ||||||
23 | on the next court day to the appropriate court. The clerk | ||||||
24 | of that court shall immediately assign a case number, file | ||||||
25 | the petition, order, and other documents with the court, | ||||||
26 | and enter the order of record and file it with the sheriff |
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1 | for service, in accordance with Section 60. Filing the | ||||||
2 | petition shall commence proceedings for further relief | ||||||
3 | under Section 20. Failure to comply with the requirements | ||||||
4 | of this paragraph (3) does not affect the validity of the | ||||||
5 | order.
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6 | (Source: P.A. 101-255, eff. 1-1-20 .)
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7 | Section 10. The Civil No Contact Order Act is amended by | ||||||
8 | changing Sections 202, 213, and 214 as follows:
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9 | (740 ILCS 22/202)
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10 | Sec. 202. Commencement of action; filing fees.
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11 | (a) An action for a civil no contact order is commenced:
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12 | (1) independently, by filing a petition for a civil no | ||||||
13 | contact order in any civil court,
unless specific courts | ||||||
14 | are designated by local rule or order; or
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15 | (2) in conjunction with a
delinquency
petition or a | ||||||
16 | criminal prosecution as provided in Article 112A of the | ||||||
17 | Code of Criminal Procedure of 1963.
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18 | (a-5) When a petition for an emergency a civil no contact | ||||||
19 | order is filed, the petition and file shall not be public and | ||||||
20 | shall only be accessible to the court, law enforcement, | ||||||
21 | petitioner, rape crisis advocate, counsel of record for either | ||||||
22 | party, and the State's Attorney for the county shall not be | ||||||
23 | publicly available until the petition is served on the | ||||||
24 | respondent. |
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1 | (b) Withdrawal or dismissal of any petition for a
civil no | ||||||
2 | contact order
prior to adjudication where the petitioner is | ||||||
3 | represented by the State shall
operate as a dismissal without | ||||||
4 | prejudice. No action for a civil no contact
order shall be | ||||||
5 | dismissed because the respondent is being prosecuted for a | ||||||
6 | crime
against the petitioner. For any action commenced under | ||||||
7 | item (2) of subsection
(a) of
this Section, dismissal of the | ||||||
8 | conjoined case (or a finding of not guilty)
shall not require | ||||||
9 | dismissal of the action for a civil no contact order;
instead, | ||||||
10 | it may be treated as an independent action and, if necessary | ||||||
11 | and
appropriate, transferred to a different court or division.
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12 | (c) No fee shall be
charged by the clerk of the court for | ||||||
13 | filing petitions or modifying or
certifying orders. No
fee
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14 | shall be charged by the sheriff for service by the sheriff of a
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15 | petition, rule, motion, or order in an action commenced under | ||||||
16 | this
Section.
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17 | (d) The court shall provide, through the office
of the | ||||||
18 | clerk of the court, simplified forms for filing of a petition | ||||||
19 | under this Section by any
person not represented by counsel.
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20 | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .)
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21 | (740 ILCS 22/213)
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22 | (Text of Section before amendment by P.A. 102-220 )
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23 | Sec. 213. Civil no contact order; remedies.
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24 | (a) If the court finds that the petitioner has been a | ||||||
25 | victim of
non-consensual sexual conduct or non-consensual |
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1 | sexual penetration, a civil no
contact order shall issue; | ||||||
2 | provided that the petitioner must also satisfy the
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3 | requirements of Section
214 on emergency orders or Section 215 | ||||||
4 | on plenary orders. The petitioner
shall not be denied a civil | ||||||
5 | no contact order because the petitioner or the
respondent is a | ||||||
6 | minor. The court, when
determining whether or not to issue a | ||||||
7 | civil no contact order, may not
require physical injury on the | ||||||
8 | person of the victim.
Modification and extension of prior | ||||||
9 | civil no contact orders shall be in
accordance with this Act.
| ||||||
10 | (a-5) (Blank). When a petition for a civil no contact | ||||||
11 | order is granted, the order shall not be publicly available | ||||||
12 | until the order is served on the respondent. | ||||||
13 | (b) (Blank).
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14 | (b-5) The court may provide relief as follows: | ||||||
15 | (1) prohibit the respondent from knowingly coming | ||||||
16 | within, or knowingly remaining within, a specified | ||||||
17 | distance from the petitioner; | ||||||
18 | (2) restrain the respondent from having any contact, | ||||||
19 | including nonphysical contact, with the petitioner | ||||||
20 | directly, indirectly, or through third parties, regardless | ||||||
21 | of whether those third parties know of the order; | ||||||
22 | (3) prohibit the respondent from knowingly coming | ||||||
23 | within, or knowingly remaining within, a specified | ||||||
24 | distance from the petitioner's residence, school, day care | ||||||
25 | or other specified location; | ||||||
26 | (4) order the respondent to stay away from any |
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1 | property or animal owned, possessed, leased, kept, or held | ||||||
2 | by the petitioner and forbid the respondent from taking, | ||||||
3 | transferring, encumbering, concealing, harming, or | ||||||
4 | otherwise disposing of the property or animal; and | ||||||
5 | (5) order any other injunctive relief as necessary or | ||||||
6 | appropriate for the protection of the petitioner. | ||||||
7 | (b-6) When the petitioner and the respondent attend the | ||||||
8 | same public or private elementary, middle, or high school, the | ||||||
9 | court when issuing a civil no contact order and providing | ||||||
10 | relief shall consider the severity of the act, any continuing | ||||||
11 | physical danger or emotional distress to the petitioner, the | ||||||
12 | educational rights guaranteed to the petitioner and respondent | ||||||
13 | under federal and State law, the availability of a transfer of | ||||||
14 | the respondent to another school, a change of placement or a | ||||||
15 | change of program of the respondent, the expense, difficulty, | ||||||
16 | and educational disruption that would be caused by a transfer | ||||||
17 | of the respondent to another school, and any other relevant | ||||||
18 | facts of the case. The court may order that the respondent not | ||||||
19 | attend the public, private, or non-public elementary, middle, | ||||||
20 | or high school attended by the petitioner, order that the | ||||||
21 | respondent accept a change of placement or program, as | ||||||
22 | determined by the school district or private or non-public | ||||||
23 | school, or place restrictions on the respondent's movements | ||||||
24 | within the school attended by the petitioner.
The respondent | ||||||
25 | bears the burden of proving by a preponderance of the evidence | ||||||
26 | that a transfer, change of placement, or change of program of |
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1 | the respondent is not available. The respondent also bears the | ||||||
2 | burden of production with respect to the expense, difficulty, | ||||||
3 | and educational disruption that would be caused by a transfer | ||||||
4 | of the respondent to another school. A transfer, change of | ||||||
5 | placement, or change of program is not unavailable to the | ||||||
6 | respondent solely on the ground that the respondent does not | ||||||
7 | agree with the school district's or private or non-public | ||||||
8 | school's transfer, change of placement, or change of program | ||||||
9 | or solely on the ground that the respondent fails or refuses to | ||||||
10 | consent to or otherwise does not take an action required to | ||||||
11 | effectuate a transfer, change of placement, or change of | ||||||
12 | program.
When a court orders a respondent to stay away from the | ||||||
13 | public, private, or non-public school attended by the | ||||||
14 | petitioner and the respondent requests a transfer to another | ||||||
15 | attendance center within the respondent's school district or | ||||||
16 | private or non-public school, the school district or private | ||||||
17 | or non-public school shall have sole discretion to determine | ||||||
18 | the attendance center to which the respondent is transferred.
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19 | In the event the court order results in a transfer of the minor | ||||||
20 | respondent to another attendance center, a change in the | ||||||
21 | respondent's placement, or a change of the respondent's | ||||||
22 | program, the parents, guardian, or legal custodian of the | ||||||
23 | respondent is responsible for transportation and other costs | ||||||
24 | associated with the transfer or change. | ||||||
25 | (b-7) The court may order the parents, guardian, or legal | ||||||
26 | custodian of a minor respondent to take certain actions or to |
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| |||||||
1 | refrain from taking certain actions to ensure that the | ||||||
2 | respondent complies with the order. In the event the court | ||||||
3 | orders a transfer of the respondent to another school, the | ||||||
4 | parents or legal guardians of the respondent are responsible | ||||||
5 | for transportation and other costs associated with the change | ||||||
6 | of school by the respondent. | ||||||
7 | (c) Denial of a remedy may not be based, in whole or in | ||||||
8 | part, on
evidence that:
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9 | (1) the respondent has cause for any use of force, | ||||||
10 | unless that
cause satisfies the standards for justifiable | ||||||
11 | use of force provided
by Article 7 of the Criminal Code of | ||||||
12 | 2012;
| ||||||
13 | (2) the respondent was voluntarily intoxicated;
| ||||||
14 | (3) the petitioner acted in self-defense or defense of | ||||||
15 | another,
provided that, if the petitioner utilized force, | ||||||
16 | such force was
justifiable under Article 7 of the Criminal | ||||||
17 | Code of 2012;
| ||||||
18 | (4) the petitioner did not act in self-defense or | ||||||
19 | defense of
another;
| ||||||
20 | (5) the petitioner left the residence or household to | ||||||
21 | avoid
further non-consensual sexual conduct or | ||||||
22 | non-consensual sexual penetration
by the respondent; or
| ||||||
23 | (6) the petitioner did not leave the residence or | ||||||
24 | household to
avoid further non-consensual sexual conduct | ||||||
25 | or non-consensual sexual
penetration by the respondent.
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26 | (d) Monetary damages are not recoverable as a remedy.
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1 | (Source: P.A. 101-255, eff. 1-1-20 .)
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2 | (Text of Section after amendment by P.A. 102-220 )
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3 | Sec. 213. Civil no contact order; remedies.
| ||||||
4 | (a) If the court finds that the petitioner has been a | ||||||
5 | victim of
non-consensual sexual conduct or non-consensual | ||||||
6 | sexual penetration, a civil no
contact order shall issue; | ||||||
7 | provided that the petitioner must also satisfy the
| ||||||
8 | requirements of Section
214 on emergency orders or Section 215 | ||||||
9 | on plenary orders. The petitioner
shall not be denied a civil | ||||||
10 | no contact order because the petitioner or the
respondent is a | ||||||
11 | minor. The court, when
determining whether or not to issue a | ||||||
12 | civil no contact order, may not
require physical injury on the | ||||||
13 | person of the victim.
Modification and extension of prior | ||||||
14 | civil no contact orders shall be in
accordance with this Act.
| ||||||
15 | (a-5) (Blank). When a petition for a civil no contact | ||||||
16 | order is granted, the order shall not be publicly available | ||||||
17 | until the order is served on the respondent. | ||||||
18 | (b) (Blank).
| ||||||
19 | (b-5) The court may provide relief as follows: | ||||||
20 | (1) prohibit the respondent from knowingly coming | ||||||
21 | within, or knowingly remaining within, a specified | ||||||
22 | distance from the petitioner; | ||||||
23 | (2) restrain the respondent from having any contact, | ||||||
24 | including nonphysical contact and electronic communication | ||||||
25 | as defined in Section 26.5-0.1 of the Criminal Code of |
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| |||||||
1 | 2012, with the petitioner directly, indirectly, or through | ||||||
2 | third parties, regardless of whether those third parties | ||||||
3 | know of the order; | ||||||
4 | (3) prohibit the respondent from knowingly coming | ||||||
5 | within, or knowingly remaining within, a specified | ||||||
6 | distance from the petitioner's residence, school, day care | ||||||
7 | or other specified location; | ||||||
8 | (4) order the respondent to stay away from any | ||||||
9 | property or animal owned, possessed, leased, kept, or held | ||||||
10 | by the petitioner and forbid the respondent from taking, | ||||||
11 | transferring, encumbering, concealing, harming, or | ||||||
12 | otherwise disposing of the property or animal; and | ||||||
13 | (5) order any other injunctive relief as necessary or | ||||||
14 | appropriate for the protection of the petitioner. | ||||||
15 | (b-6) When the petitioner and the respondent attend the | ||||||
16 | same public or private elementary, middle, or high school, the | ||||||
17 | court when issuing a civil no contact order and providing | ||||||
18 | relief shall consider the severity of the act, any continuing | ||||||
19 | physical danger or emotional distress to the petitioner, the | ||||||
20 | educational rights guaranteed to the petitioner and respondent | ||||||
21 | under federal and State law, the availability of a transfer of | ||||||
22 | the respondent to another school, a change of placement or a | ||||||
23 | change of program of the respondent, the expense, difficulty, | ||||||
24 | and educational disruption that would be caused by a transfer | ||||||
25 | of the respondent to another school, and any other relevant | ||||||
26 | facts of the case. The court may order that the respondent not |
| |||||||
| |||||||
1 | attend the public, private, or non-public elementary, middle, | ||||||
2 | or high school attended by the petitioner, order that the | ||||||
3 | respondent accept a change of placement or program, as | ||||||
4 | determined by the school district or private or non-public | ||||||
5 | school, or place restrictions on the respondent's movements | ||||||
6 | within the school attended by the petitioner.
The respondent | ||||||
7 | bears the burden of proving by a preponderance of the evidence | ||||||
8 | that a transfer, change of placement, or change of program of | ||||||
9 | the respondent is not available. The respondent also bears the | ||||||
10 | burden of production with respect to the expense, difficulty, | ||||||
11 | and educational disruption that would be caused by a transfer | ||||||
12 | of the respondent to another school. A transfer, change of | ||||||
13 | placement, or change of program is not unavailable to the | ||||||
14 | respondent solely on the ground that the respondent does not | ||||||
15 | agree with the school district's or private or non-public | ||||||
16 | school's transfer, change of placement, or change of program | ||||||
17 | or solely on the ground that the respondent fails or refuses to | ||||||
18 | consent to or otherwise does not take an action required to | ||||||
19 | effectuate a transfer, change of placement, or change of | ||||||
20 | program.
When a court orders a respondent to stay away from the | ||||||
21 | public, private, or non-public school attended by the | ||||||
22 | petitioner and the respondent requests a transfer to another | ||||||
23 | attendance center within the respondent's school district or | ||||||
24 | private or non-public school, the school district or private | ||||||
25 | or non-public school shall have sole discretion to determine | ||||||
26 | the attendance center to which the respondent is transferred.
|
| |||||||
| |||||||
1 | In the event the court order results in a transfer of the minor | ||||||
2 | respondent to another attendance center, a change in the | ||||||
3 | respondent's placement, or a change of the respondent's | ||||||
4 | program, the parents, guardian, or legal custodian of the | ||||||
5 | respondent is responsible for transportation and other costs | ||||||
6 | associated with the transfer or change. | ||||||
7 | (b-7) The court may order the parents, guardian, or legal | ||||||
8 | custodian of a minor respondent to take certain actions or to | ||||||
9 | refrain from taking certain actions to ensure that the | ||||||
10 | respondent complies with the order. In the event the court | ||||||
11 | orders a transfer of the respondent to another school, the | ||||||
12 | parents or legal guardians of the respondent are responsible | ||||||
13 | for transportation and other costs associated with the change | ||||||
14 | of school by the respondent. | ||||||
15 | (c) Denial of a remedy may not be based, in whole or in | ||||||
16 | part, on
evidence that:
| ||||||
17 | (1) the respondent has cause for any use of force, | ||||||
18 | unless that
cause satisfies the standards for justifiable | ||||||
19 | use of force provided
by Article 7 of the Criminal Code of | ||||||
20 | 2012;
| ||||||
21 | (2) the respondent was voluntarily intoxicated;
| ||||||
22 | (3) the petitioner acted in self-defense or defense of | ||||||
23 | another,
provided that, if the petitioner utilized force, | ||||||
24 | such force was
justifiable under Article 7 of the Criminal | ||||||
25 | Code of 2012;
| ||||||
26 | (4) the petitioner did not act in self-defense or |
| |||||||
| |||||||
1 | defense of
another;
| ||||||
2 | (5) the petitioner left the residence or household to | ||||||
3 | avoid
further non-consensual sexual conduct or | ||||||
4 | non-consensual sexual penetration
by the respondent; or
| ||||||
5 | (6) the petitioner did not leave the residence or | ||||||
6 | household to
avoid further non-consensual sexual conduct | ||||||
7 | or non-consensual sexual
penetration by the respondent.
| ||||||
8 | (d) Monetary damages are not recoverable as a remedy.
| ||||||
9 | (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)
| ||||||
10 | (740 ILCS 22/214)
| ||||||
11 | Sec. 214. Emergency civil no contact order.
| ||||||
12 | (a) An emergency civil no contact order shall issue if
the | ||||||
13 | petitioner satisfies the requirements of this subsection (a). | ||||||
14 | The
petitioner
shall establish that:
| ||||||
15 | (1) the court has jurisdiction under Section 206;
| ||||||
16 | (2) the requirements of Section 213 are satisfied; and
| ||||||
17 | (3) there is good cause to grant the remedy, | ||||||
18 | regardless of
prior service of process or of notice upon | ||||||
19 | the respondent, because
the harm which that remedy is | ||||||
20 | intended to
prevent would be likely to occur if the | ||||||
21 | respondent were given
any prior notice, or greater notice | ||||||
22 | than was actually given, of
the petitioner's efforts to | ||||||
23 | obtain judicial relief.
| ||||||
24 | An emergency civil no contact order shall be issued by the | ||||||
25 | court if it appears from the contents of the petition and the |
| |||||||
| |||||||
1 | examination of the petitioner that the averments are | ||||||
2 | sufficient to indicate nonconsensual sexual conduct or | ||||||
3 | nonconsensual sexual penetration by the respondent and to | ||||||
4 | support the granting of relief under the issuance of the civil | ||||||
5 | no contact order.
| ||||||
6 | An emergency civil no contact order shall be issued if the | ||||||
7 | court finds that subsections (1), (2), and (3) above are met.
| ||||||
8 | (a-5) When a petition for a civil no contact order is | ||||||
9 | granted, the petition, order, and file shall not be public and | ||||||
10 | shall only be accessible to the court, law enforcement, | ||||||
11 | petitioner, rape crisis advocate, counsel of record for either | ||||||
12 | party, and the State's Attorney for the county until the | ||||||
13 | petition is served on the respondent. | ||||||
14 | (b) If the respondent appears in court for
this hearing | ||||||
15 | for an emergency order, he or she may elect to file a
general | ||||||
16 | appearance and testify. Any resulting order may be an | ||||||
17 | emergency
order, governed by this Section. Notwithstanding the | ||||||
18 | requirements of
this Section, if all requirements of Section | ||||||
19 | 215 have been met, the
court may issue a plenary order.
| ||||||
20 | (c) Emergency orders; court holidays and evenings.
| ||||||
21 | (1) When the court is unavailable at the close
of | ||||||
22 | business, the petitioner may file a petition for a 21-day
| ||||||
23 | emergency order before any available circuit judge or | ||||||
24 | associate
judge who may grant relief under this Act. If | ||||||
25 | the judge finds that
there is an immediate and present | ||||||
26 | danger of
abuse against the petitioner and
that the |
| |||||||
| |||||||
1 | petitioner has satisfied the prerequisites set forth in
| ||||||
2 | subsection (a), that judge may issue an emergency
civil no | ||||||
3 | contact order.
| ||||||
4 | (2) The chief judge of the circuit court
may designate | ||||||
5 | for each county in the circuit at least one judge to
be | ||||||
6 | reasonably available to issue orally, by telephone, by | ||||||
7 | facsimile,
or otherwise, an emergency civil no contact | ||||||
8 | order at all times, whether
or not the court is in session.
| ||||||
9 | (3) Any order issued under this
Section and any | ||||||
10 | documentation in support of the order shall be certified
| ||||||
11 | on the next court day to the appropriate court. The clerk | ||||||
12 | of that
court shall immediately assign a case number, file | ||||||
13 | the petition,
order, and other documents with the court, | ||||||
14 | and enter the order of
record and file it with the sheriff | ||||||
15 | for service, in accordance with
Section 222. Filing the | ||||||
16 | petition shall commence proceedings for
further relief | ||||||
17 | under Section 202. Failure to comply with the
requirements | ||||||
18 | of this paragraph (3) does not affect the validity of the
| ||||||
19 | order.
| ||||||
20 | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; | ||||||
21 | 94-360, eff. 1-1-06.)
| ||||||
22 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
23 | amended by changing Section 217 as follows:
| ||||||
24 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
|
| |||||||
| |||||||
1 | Sec. 217. Emergency order of protection.
| ||||||
2 | (a) Prerequisites. An emergency order of protection shall | ||||||
3 | issue if
petitioner satisfies the requirements of this | ||||||
4 | subsection for one or more of the
requested remedies. For each | ||||||
5 | remedy requested, petitioner shall establish
that:
| ||||||
6 | (1) The court has jurisdiction under Section 208;
| ||||||
7 | (2) The requirements of Section 214 are satisfied; and
| ||||||
8 | (3) There is good cause to grant the remedy, | ||||||
9 | regardless of prior service
of process or of notice upon | ||||||
10 | the respondent, because:
| ||||||
11 | (i) For
the remedies of "prohibition of abuse" | ||||||
12 | described in
Section 214(b)(1), "stay away order and | ||||||
13 | additional prohibitions" described in
Section
| ||||||
14 | 214(b)(3), "removal or concealment of minor child" | ||||||
15 | described in Section
214(b)(8), "order to appear" | ||||||
16 | described in Section 214(b)(9), "physical
care and | ||||||
17 | possession of the minor child" described in Section | ||||||
18 | 214(b)(5),
"protection of property" described in | ||||||
19 | Section 214(b)(11), "prohibition
of entry" described | ||||||
20 | in Section 214(b)(14), "prohibition of firearm | ||||||
21 | possession" described in Section 214(b)(14.5), | ||||||
22 | "prohibition of access to
records" described in | ||||||
23 | Section 214(b)(15), and "injunctive relief"
described | ||||||
24 | in Section 214(b)(16), the harm which that remedy
is | ||||||
25 | intended to prevent would be likely to occur if the | ||||||
26 | respondent were given
any prior notice, or greater |
| |||||||
| |||||||
1 | notice than was actually given, of the
petitioner's | ||||||
2 | efforts to obtain judicial relief;
| ||||||
3 | (ii) For the remedy of "grant of exclusive | ||||||
4 | possession of
residence" described in Section | ||||||
5 | 214(b)(2), the immediate danger of further
abuse of | ||||||
6 | petitioner by respondent,
if petitioner chooses or had | ||||||
7 | chosen to remain in the residence or household
while | ||||||
8 | respondent was given any prior notice or greater | ||||||
9 | notice than was
actually given of petitioner's efforts | ||||||
10 | to obtain judicial relief,
outweighs the hardships to | ||||||
11 | respondent of an emergency order
granting petitioner | ||||||
12 | exclusive possession of the residence or household.
| ||||||
13 | This remedy shall not be denied because petitioner has | ||||||
14 | or could obtain
temporary shelter elsewhere while | ||||||
15 | prior notice is given to respondent, unless
the
| ||||||
16 | hardships to respondent from exclusion from the home | ||||||
17 | substantially outweigh
those to petitioner;
| ||||||
18 | (iii) For the remedy of "possession of personal | ||||||
19 | property"
described in
Section 214(b)(10), improper | ||||||
20 | disposition of the personal
property would be likely
| ||||||
21 | to occur if respondent were given any prior notice, or | ||||||
22 | greater notice than
was actually given, of | ||||||
23 | petitioner's efforts to obtain judicial relief, or
| ||||||
24 | petitioner has an immediate and pressing need for | ||||||
25 | possession of that property.
| ||||||
26 | An emergency order may not include the counseling, legal |
| |||||||
| |||||||
1 | custody, payment
of support or monetary compensation remedies.
| ||||||
2 | (a-5) When a petition for an emergency order of protection | ||||||
3 | is granted, the order and file shall not be public and shall | ||||||
4 | only be accessible to the court, petitioner, law enforcement, | ||||||
5 | domestic violence advocate or counselor, counsel of record for | ||||||
6 | either party, and the State's Attorney for the county shall | ||||||
7 | not be publicly available until the order is served on the | ||||||
8 | respondent. | ||||||
9 | (b) Appearance by respondent.
If respondent appears in | ||||||
10 | court for this hearing for an emergency order,
he or she may | ||||||
11 | elect to file a general appearance and testify.
Any resulting | ||||||
12 | order may be an emergency order, governed
by this Section.
| ||||||
13 | Notwithstanding the requirements of this Section, if all | ||||||
14 | requirements of
Section 218 have been met, the court may issue | ||||||
15 | a 30-day interim order.
| ||||||
16 | (c) Emergency orders: court holidays and evenings.
| ||||||
17 | (1) Prerequisites. When the court is unavailable at | ||||||
18 | the close of
business, the petitioner may file a petition | ||||||
19 | for a 21-day emergency order
before any available circuit | ||||||
20 | judge or associate judge who may grant relief
under this | ||||||
21 | Act. If the judge finds that there is an immediate and | ||||||
22 | present
danger of abuse to petitioner and that petitioner | ||||||
23 | has satisfied the
prerequisites set forth in subsection | ||||||
24 | (a) of Section 217, that judge may
issue an emergency | ||||||
25 | order of protection.
| ||||||
26 | (1.5) Issuance of order. The chief judge of the |
| |||||||
| |||||||
1 | circuit court
may designate for each county in the circuit | ||||||
2 | at least one judge to be
reasonably available to
issue | ||||||
3 | orally, by telephone, by facsimile, or otherwise, an | ||||||
4 | emergency
order of protection at all times, whether or not | ||||||
5 | the court is in session.
| ||||||
6 | (2) Certification and transfer. The judge who issued | ||||||
7 | the order under this Section shall promptly communicate or | ||||||
8 | convey the order to the sheriff to facilitate the entry of | ||||||
9 | the order into the Law Enforcement Agencies Data System by | ||||||
10 | the Department of State Police pursuant to Section 302. | ||||||
11 | Any order issued under this Section and
any documentation | ||||||
12 | in support thereof shall be certified on the next court
| ||||||
13 | day to the appropriate court. The clerk of that court | ||||||
14 | shall immediately
assign a case number, file the petition, | ||||||
15 | order and other documents with the
court, and enter the | ||||||
16 | order of record and file it with the sheriff for
service, | ||||||
17 | in accordance with Section 222. Filing the petition
shall | ||||||
18 | commence proceedings for further relief under Section 202.
| ||||||
19 | Failure to comply with the requirements of this subsection | ||||||
20 | shall not
affect the validity of the order.
| ||||||
21 | (Source: P.A. 101-255, eff. 1-1-20 .)
| ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|