Bill Status of SB 558   100th General Assembly

Short Description:  CRIM PRO-PROTECTIVE ORDER

Senate Sponsors
Sen. Elgie R. Sims, Jr.-Michael Connelly

House Sponsors
(Rep. John Connor-Jonathan Carroll, Deb Conroy, Katie Stuart and Sam Yingling)


Last Action  View All Actions

DateChamber Action
  6/29/2018SenatePublic Act . . . . . . . . . 100-0597

Statutes Amended In Order of Appearance
725 ILCS 115/1from Ch. 38, par. 1351

Synopsis As Introduced
Amends the Bill of Rights for Children. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 1
Deletes reference to:
725 ILCS 115/1
Adds reference to:
725 ILCS 5/112A-1.5
725 ILCS 5/112A-2.5
725 ILCS 5/112A-3from Ch. 38, par. 112A-3
725 ILCS 5/112A-4.5
725 ILCS 5/112A-5from Ch. 38, par. 112A-5
725 ILCS 5/112A-5.5
725 ILCS 5/112A-6.1 new
725 ILCS 5/112A-8from Ch. 38, par. 112A-8
725 ILCS 5/112A-11.5
725 ILCS 5/112A-12from Ch. 38, par. 112A-12
725 ILCS 5/112A-14from Ch. 38, par. 112A-14
725 ILCS 5/112A-16from Ch. 38, par. 112A-16
725 ILCS 5/112A-17.5 new
725 ILCS 5/112A-20from Ch. 38, par. 112A-20
725 ILCS 5/112A-21from Ch. 38, par. 112A-21
725 ILCS 5/112A-22from Ch. 38, par. 112A-22
725 ILCS 5/112A-22.1 new
725 ILCS 5/112A-22.3
725 ILCS 5/112A-23from Ch. 38, par. 112A-23
725 ILCS 5/112A-24from Ch. 38, par. 112A-24
725 ILCS 5/112A-26from Ch. 38, par. 112A-26
725 ILCS 5/112A-28from Ch. 38, par. 112A-28

Replaces everything after the enacting clause. Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Provides that the respondent may rebut prima facie evidence of the offense by presenting evidence of a meritorious defense. Provides that the respondent shall file a written notice alleging a meritorious defense, which shall be verified and supported by affidavit. Provides that if the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. Provides that any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure. Provides for methods of service and default orders for protective orders. Provides that instead of personal service of a protective order, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification. Provides procedures for the issuance of ex parte protective orders. Makes other changes. Effective immediately.

House Committee Amendment No. 1
Provides that a petition for a domestic violence order of protection may be filed by a State's Attorney on behalf of any minor child or dependent adult in the care of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition. Provides that a civil no contact order or a stalking no contact order may be filed by a State's Attorney by a State's Attorney on behalf of any minor child who is a family or household member of the named victim, if the named victim does not file a petition or request the State's Attorney file the petition. Provides that the State's Attorney shall file a petition on behalf of any person if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition (in the engrossed bill, unless the State's Attorney informs the court that the State's Attorney has reason to believe that additional investigation would produce evidence that would result in dismissal of the charge). Provides that the State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition. Provides that the State's Attorney may file the petition at a later date.

Actions 
DateChamber Action
  1/24/2017SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2017SenateFirst Reading
  1/24/2017SenateReferred to Assignments
  3/9/2017SenateAssigned to Executive
  3/16/2017SenateDo Pass Executive; 014-000-000
  3/16/2017SenatePlaced on Calendar Order of 2nd Reading March 28, 2017
  3/28/2017SenateSecond Reading
  3/28/2017SenatePlaced on Calendar Order of 3rd Reading March 29, 2017
  4/28/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  8/4/2017SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  2/6/2018SenateApproved for Consideration Assignments
  2/6/2018SenatePlaced on Calendar Order of 3rd Reading February 7, 2018
  2/8/2018SenateChief Sponsor Changed to Sen. Elgie R. Sims, Jr.
  2/22/2018SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Elgie R. Sims, Jr.
  2/22/2018SenateSenate Floor Amendment No. 1 Referred to Assignments
  2/27/2018SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  2/27/2018SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000
  4/10/2018SenateRecalled to Second Reading
  4/10/2018SenateSenate Floor Amendment No. 1 Adopted; Sims
  4/10/2018SenatePlaced on Calendar Order of 3rd Reading April 11, 2018
  4/12/2018SenateThird Reading - Passed; 055-000-000
  4/12/2018HouseArrived in House
  4/17/2018HouseChief House Sponsor Rep. John Connor
  4/17/2018HouseFirst Reading
  4/17/2018HouseReferred to Rules Committee
  4/26/2018HouseAssigned to Judiciary - Criminal Committee
  5/1/2018HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/1/2018HouseAdded Alternate Co-Sponsor Rep. Katie Stuart
  5/1/2018HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  5/3/2018HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. John Connor
  5/3/2018HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/7/2018HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/8/2018HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  5/8/2018HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 012-000-000
  5/9/2018HousePlaced on Calendar 2nd Reading - Short Debate
  5/16/2018HouseSecond Reading - Short Debate
  5/16/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2018HouseThird Reading - Short Debate - Passed 105-000-000
  5/24/2018HouseAdded Alternate Chief Co-Sponsor Rep. Jonathan Carroll
  5/25/2018SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/25/2018SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 28, 2018
  5/25/2018SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Elgie R. Sims, Jr.
  5/25/2018SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/25/2018SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
  5/29/2018SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 010-000-000
  5/30/2018SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/30/2018SenateSenate Concurs
  5/30/2018SenatePassed Both Houses
  5/30/2018SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  6/28/2018SenateSent to the Governor
  6/29/2018SenateGovernor Approved
  6/29/2018SenateEffective Date June 29, 2018
  6/29/2018SenatePublic Act . . . . . . . . . 100-0597

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