Public Act 102-0831

SB3157 Enrolled LRB102 20296 LNS 29148 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Stalking No Contact Order Act is amended by

changing Sections 20 and 95 as follows:

(740 ILCS 21/20)

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-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 shall not be

publicly available until the petition is served on the

respondent.

(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

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.

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)

(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

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

shall not be publicly available until the order is served on

the respondent.

(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

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.

(Source: P.A. 101-255, eff. 1-1-20.)

Section 10. The Civil No Contact Order Act is amended by

changing Sections 202, 213, and 214 as follows:

(740 ILCS 22/202)

Sec. 202. Commencement of action; filing fees.

(a) An action for a civil no contact order is commenced:

(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

(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-5) When a petition for an emergency a 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 shall not be

publicly available until the petition is served on the

respondent.

(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

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.

(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

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.

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)

(740 ILCS 22/213)

(Text of Section before amendment by P.A. 102-220)

Sec. 213. Civil no contact order; remedies.

(a) If the court finds that the petitioner has been a

victim of non-consensual sexual conduct or non-consensual

sexual penetration, a civil no contact order shall issue;

provided that the petitioner must also satisfy the

requirements of Section 214 on emergency orders or Section 215

on plenary orders. The petitioner shall not be denied a civil

no contact order because the petitioner or the respondent is a

minor. The court, when determining whether or not to issue a

civil no contact order, may not require physical injury on the

person of the victim. Modification and extension of prior

civil no contact orders shall be in accordance with this Act.

(a-5) (Blank). When a petition for a civil no contact

order is granted, the order shall not be publicly available

until the order is served on the respondent.

(b) (Blank).

(b-5) The court may provide relief as follows:

(1) prohibit the respondent from knowingly coming

within, or knowingly remaining within, a specified

distance from the petitioner;

(2) restrain the respondent from having any contact,

including nonphysical contact, with the petitioner

directly, indirectly, or through third parties, regardless

of whether those third parties know of the order;

(3) prohibit the respondent from knowingly coming

within, or knowingly remaining within, a specified

distance from the petitioner's residence, school, day care

or other specified location;

(4) order the respondent to stay away from any

property or animal owned, possessed, leased, kept, or held

by the petitioner and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the property or animal; and

(5) order any other injunctive relief as necessary or

appropriate for the protection of the petitioner.

(b-6) When the petitioner and the respondent attend the

same public or private elementary, middle, or high school, the

court when issuing a civil no contact order and providing

relief shall consider the severity of the act, any continuing

physical danger or emotional distress to the petitioner, the

educational rights guaranteed to the petitioner and respondent

under federal and State law, the availability of a transfer of

the respondent to another school, a change of placement or a

change of program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a transfer

of the respondent to another school, and any other relevant

facts of the case. The court may order that the respondent not

attend the public, private, or non-public elementary, middle,

or high school attended by the petitioner, order that the

respondent accept a change of placement or program, as

determined by the school district or private or non-public

school, or place restrictions on the respondent's movements

within the school attended by the petitioner. The respondent

bears the burden of proving by a preponderance of the evidence

that a transfer, change of placement, or change of program of

the respondent is not available. The respondent also bears the

burden of production with respect to the expense, difficulty,

and educational disruption that would be caused by a transfer

of the respondent to another school. A transfer, change of

placement, or change of program is not unavailable to the

respondent solely on the ground that the respondent does not

agree with the school district's or private or non-public

school's transfer, change of placement, or change of program

or solely on the ground that the respondent fails or refuses to

consent to or otherwise does not take an action required to

effectuate a transfer, change of placement, or change of

program. When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to another

attendance center within the respondent's school district or

private or non-public school, the school district or private

or non-public school shall have sole discretion to determine

the attendance center to which the respondent is transferred.

In the event the court order results in a transfer of the minor

respondent to another attendance center, a change in the

respondent's placement, or a change of the respondent's

program, the parents, guardian, or legal custodian of the

respondent is responsible for transportation and other costs

associated with the transfer or change.

(b-7) The court may order the parents, guardian, or legal

custodian of a minor respondent to take certain actions or to

refrain from taking certain actions to ensure that the

respondent complies with the order. In the event the court

orders a transfer of the respondent to another school, the

parents or legal guardians of the respondent are responsible

for transportation and other costs associated with the change

of school by the respondent.

(c) Denial of a remedy may not be based, in whole or in

part, on evidence that:

(1) the respondent has cause for any use of force,

unless that cause satisfies the standards for justifiable

use of force provided by Article 7 of the Criminal Code of

2012;

(2) the respondent was voluntarily intoxicated;

(3) the petitioner acted in self-defense or defense of

another, provided that, if the petitioner utilized force,

such force was justifiable under Article 7 of the Criminal

Code of 2012;

(4) the petitioner did not act in self-defense or

defense of another;

(5) the petitioner left the residence or household to

avoid further non-consensual sexual conduct or

non-consensual sexual penetration by the respondent; or

(6) the petitioner did not leave the residence or

household to avoid further non-consensual sexual conduct

or non-consensual sexual penetration by the respondent.

(d) Monetary damages are not recoverable as a remedy.

(Source: P.A. 101-255, eff. 1-1-20.)

(Text of Section after amendment by P.A. 102-220)

Sec. 213. Civil no contact order; remedies.

(a) If the court finds that the petitioner has been a

victim of non-consensual sexual conduct or non-consensual

sexual penetration, a civil no contact order shall issue;

provided that the petitioner must also satisfy the

requirements of Section 214 on emergency orders or Section 215

on plenary orders. The petitioner shall not be denied a civil

no contact order because the petitioner or the respondent is a

minor. The court, when determining whether or not to issue a

civil no contact order, may not require physical injury on the

person of the victim. Modification and extension of prior

civil no contact orders shall be in accordance with this Act.

(a-5) (Blank). When a petition for a civil no contact

order is granted, the order shall not be publicly available

until the order is served on the respondent.

(b) (Blank).

(b-5) The court may provide relief as follows:

(1) prohibit the respondent from knowingly coming

within, or knowingly remaining within, a specified

distance from the petitioner;

(2) restrain the respondent from having any contact,

including nonphysical contact and electronic communication

as defined in Section 26.5-0.1 of the Criminal Code of

2012, with the petitioner directly, indirectly, or through

third parties, regardless of whether those third parties

know of the order;

(3) prohibit the respondent from knowingly coming

within, or knowingly remaining within, a specified

distance from the petitioner's residence, school, day care

or other specified location;

(4) order the respondent to stay away from any

property or animal owned, possessed, leased, kept, or held

by the petitioner and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the property or animal; and

(5) order any other injunctive relief as necessary or

appropriate for the protection of the petitioner.

(b-6) When the petitioner and the respondent attend the

same public or private elementary, middle, or high school, the

court when issuing a civil no contact order and providing

relief shall consider the severity of the act, any continuing

physical danger or emotional distress to the petitioner, the

educational rights guaranteed to the petitioner and respondent

under federal and State law, the availability of a transfer of

the respondent to another school, a change of placement or a

change of program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a transfer

of the respondent to another school, and any other relevant

facts of the case. The court may order that the respondent not

attend the public, private, or non-public elementary, middle,

or high school attended by the petitioner, order that the

respondent accept a change of placement or program, as

determined by the school district or private or non-public

school, or place restrictions on the respondent's movements

within the school attended by the petitioner. The respondent

bears the burden of proving by a preponderance of the evidence

that a transfer, change of placement, or change of program of

the respondent is not available. The respondent also bears the

burden of production with respect to the expense, difficulty,

and educational disruption that would be caused by a transfer

of the respondent to another school. A transfer, change of

placement, or change of program is not unavailable to the

respondent solely on the ground that the respondent does not

agree with the school district's or private or non-public

school's transfer, change of placement, or change of program

or solely on the ground that the respondent fails or refuses to

consent to or otherwise does not take an action required to

effectuate a transfer, change of placement, or change of

program. When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to another

attendance center within the respondent's school district or

private or non-public school, the school district or private

or non-public school shall have sole discretion to determine

the attendance center to which the respondent is transferred.

In the event the court order results in a transfer of the minor

respondent to another attendance center, a change in the

respondent's placement, or a change of the respondent's

program, the parents, guardian, or legal custodian of the

respondent is responsible for transportation and other costs

associated with the transfer or change.

(b-7) The court may order the parents, guardian, or legal

custodian of a minor respondent to take certain actions or to

refrain from taking certain actions to ensure that the

respondent complies with the order. In the event the court

orders a transfer of the respondent to another school, the

parents or legal guardians of the respondent are responsible

for transportation and other costs associated with the change

of school by the respondent.

(c) Denial of a remedy may not be based, in whole or in

part, on evidence that:

(1) the respondent has cause for any use of force,

unless that cause satisfies the standards for justifiable

use of force provided by Article 7 of the Criminal Code of

2012;

(2) the respondent was voluntarily intoxicated;

(3) the petitioner acted in self-defense or defense of

another, provided that, if the petitioner utilized force,

such force was justifiable under Article 7 of the Criminal

Code of 2012;

(4) the petitioner did not act in self-defense or

defense of another;

(5) the petitioner left the residence or household to

avoid further non-consensual sexual conduct or

non-consensual sexual penetration by the respondent; or

(6) the petitioner did not leave the residence or

household to avoid further non-consensual sexual conduct

or non-consensual sexual penetration by the respondent.

(d) Monetary damages are not recoverable as a remedy.

(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)

(740 ILCS 22/214)

Sec. 214. Emergency civil no contact order.

(a) An emergency civil 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 206;

(2) the requirements of Section 213 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 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.

An emergency civil no contact order shall be issued if the

court finds that subsections (1), (2), and (3) above are met.

(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.

(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.

(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

order.

(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05;

94-360, eff. 1-1-06.)

Section 15. 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, 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

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

petitioner by respondent, if petitioner chooses or had

chosen to remain in the residence or household while

respondent was given any prior notice or greater

notice than was actually given of petitioner's efforts

to obtain judicial relief, outweighs the hardships to

respondent of an emergency order granting petitioner

exclusive possession of the residence or household.

This remedy shall not be denied because petitioner has

or could obtain temporary shelter elsewhere while

prior notice is given to respondent, unless the

hardships to respondent from exclusion from the home

substantially outweigh those to 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 respondent were given any prior notice, or

greater notice than was actually given, of

petitioner's efforts to obtain judicial relief, or

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, petitioner, law enforcement,

domestic violence advocate or counselor, counsel of record for

either party, and the State's Attorney for the county shall

not be publicly available until the order is served on the

respondent.

(b) Appearance by respondent. If 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 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 petitioner and that 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 Department of 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.

Failure to comply with the requirements of this subsection

shall not affect the validity of the order.

(Source: P.A. 101-255, eff. 1-1-20.)

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.

Section 99. Effective date. This Act takes effect upon

becoming law.