101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4455

 

Introduced 2/3/2020, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 60/202  from Ch. 40, par. 2312-2

    Amends the Illinois Domestic Violence Act of 1986. Requires all counties in the State, within 18 months of the effective date of the Act, to allow a petition for an order of protection to be filed electronically.


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A BILL FOR

 

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1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 202 as follows:
 
6    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
7    Sec. 202. Commencement of action; filing fees; dismissal.
8    (a) How to commence action. Actions for orders of
9protection are commenced:
10        (1) Independently: By filing a petition for an order of
11    protection in any civil court, unless specific courts are
12    designated by local rule or order.
13        (2) In conjunction with another civil proceeding: By
14    filing a petition for an order of protection under the same
15    case number as another civil proceeding involving the
16    parties, including but not limited to: (i) any proceeding
17    under the Illinois Marriage and Dissolution of Marriage
18    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
19    and Children Act, Revised Uniform Reciprocal Enforcement
20    of Support Act or an action for nonsupport brought under
21    Article X of the Illinois Public Aid Code, provided that a
22    petitioner and the respondent are a party to or the subject
23    of that proceeding or (ii) a guardianship proceeding under

 

 

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1    the Probate Act of 1975, or a proceeding for involuntary
2    commitment under the Mental Health and Developmental
3    Disabilities Code, or any proceeding, other than a
4    delinquency petition, under the Juvenile Court Act of 1987,
5    provided that a petitioner or the respondent is a party to
6    or the subject of such proceeding.
7        (3) In conjunction with a delinquency petition or a
8    criminal prosecution as provided in Section 112A-20 of the
9    Code of Criminal Procedure of 1963.
10    (a-5) When a petition for an emergency order of protection
11is filed, the petition shall not be publicly available until
12the petition is served on the respondent.
13    (a-10) A petition filed under this Section may be filed in
14person or online as prescribed by subsection (e).
15    (b) Filing, certification, and service fees. No fee shall
16be charged by the clerk for filing, amending, vacating,
17certifying, or photocopying petitions or orders; or for issuing
18alias summons; or for any related filing service. No fee shall
19be charged by the sheriff for service by the sheriff of a
20petition, rule, motion, or order in an action commenced under
21this Section.
22    (c) Dismissal and consolidation. Withdrawal or dismissal
23of any petition for an order of protection prior to
24adjudication where the petitioner is represented by the State
25shall operate as a dismissal without prejudice. No action for
26an order of protection shall be dismissed because the

 

 

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1respondent is being prosecuted for a crime against the
2petitioner. An independent action may be consolidated with
3another civil proceeding, as provided by paragraph (2) of
4subsection (a) of this Section. For any action commenced under
5paragraph (2) or (3) of subsection (a) of this Section,
6dismissal of the conjoined case (or a finding of not guilty)
7shall not require dismissal of the action for the order of
8protection; instead, it may be treated as an independent action
9and, if necessary and appropriate, transferred to a different
10court or division. Dismissal of any conjoined case shall not
11affect the validity of any previously issued order of
12protection, and thereafter subsections (b)(1) and (b)(2) of
13Section 220 shall be inapplicable to such order.
14    (d) Pro se petitions. The court shall provide, through the
15office of the clerk of the court, simplified forms and clerical
16assistance to help with the writing and filing of a petition
17under this Section by any person not represented by counsel. In
18addition, that assistance may be provided by the state's
19attorney.
20    (e) As provided in this subsection, the administrative
21director of the Administrative Office of the Illinois Courts,
22with the approval of the administrative board of the courts,
23shall may adopt rules to establish and implement a pilot
24program to allow the electronic filing of petitions for
25temporary orders of protection under this Act and the issuance
26of such orders by audio-visual means to accommodate litigants

 

 

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1for whom attendance in court to file for and obtain emergency
2relief would constitute an undue hardship or would constitute a
3risk of harm to the litigant. All counties in this State shall
4comply with this Section within 18 months of the effective date
5of this amendatory Act of the 101st General Assembly.
6        (1) As used in this subsection:
7            (A) "Electronic means" means any method of
8        transmission of information between computers or other
9        machines designed for the purpose of sending or
10        receiving electronic transmission and that allows for
11        the recipient of information to reproduce the
12        information received in a tangible medium of
13        expression.
14            (B) "Independent audio-visual system" means an
15        electronic system for the transmission and receiving
16        of audio and visual signals, including those with the
17        means to preclude the unauthorized reception and
18        decoding of the signals by commercially available
19        television receivers, channel converters, or other
20        available receiving devices.
21            (C) "Electronic appearance" means an appearance in
22        which one or more of the parties are not present in the
23        court, but in which, by means of an independent
24        audio-visual system, all of the participants are
25        simultaneously able to see and hear reproductions of
26        the voices and images of the judge, counsel, parties,

 

 

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1        witnesses, and any other participants.
2        (2) Any pilot program under this subsection (e) shall
3    be developed by the administrative director or his or her
4    delegate in consultation with at least one local
5    organization providing assistance to domestic violence
6    victims. The program plan shall include but not be limited
7    to:
8            (A) identification of agencies equipped with or
9        that have access to an independent audio-visual system
10        and electronic means for filing documents; and
11            (B) identification of one or more organizations
12        who are trained and available to assist petitioners in
13        preparing and filing petitions for temporary orders of
14        protection and in their electronic appearances before
15        the court to obtain such orders; and
16            (C) identification of the existing resources
17        available in local family courts for the
18        implementation and oversight of the pilot program; and
19            (D) procedures for filing petitions and documents
20        by electronic means, swearing in the petitioners and
21        witnesses, preparation of a transcript of testimony
22        and evidence presented, and a prompt transmission of
23        any orders issued to the parties; and
24            (E) a timeline for implementation and a plan for
25        informing the public about the availability of the
26        program; and

 

 

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1            (F) a description of the data to be collected in
2        order to evaluate and make recommendations for
3        improvements to the pilot program.
4        (3) In conjunction with an electronic appearance, any
5    petitioner for an ex parte temporary order of protection
6    may, using the assistance of a trained advocate if
7    necessary, commence the proceedings by filing a petition by
8    electronic means.
9            (A) A petitioner who is seeking an ex parte
10        temporary order of protection using an electronic
11        appearance must file a petition in advance of the
12        appearance and may do so electronically.
13            (B) The petitioner must show that traveling to or
14        appearing in court would constitute an undue hardship
15        or create a risk of harm to the petitioner. In granting
16        or denying any relief sought by the petitioner, the
17        court shall state the names of all participants and
18        whether it is granting or denying an appearance by
19        electronic means and the basis for such a
20        determination. A party is not required to file a
21        petition or other document by electronic means or to
22        testify by means of an electronic appearance.
23            (C) Nothing in this subsection (e) affects or
24        changes any existing laws governing the service of
25        process, including requirements for personal service
26        or the sealing and confidentiality of court records in

 

 

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1        court proceedings or access to court records by the
2        parties to the proceedings.
3        (4) Appearances.
4            (A) All electronic appearances by a petitioner
5        seeking an ex parte temporary order of protection under
6        this subsection (e) are strictly voluntary and the
7        court shall obtain the consent of the petitioner on the
8        record at the commencement of each appearance.
9            (B) Electronic appearances under this subsection
10        (e) shall be recorded and preserved for transcription.
11        Documentary evidence, if any, referred to by a party or
12        witness or the court may be transmitted and submitted
13        and introduced by electronic means.
14(Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17;
15101-255, eff. 1-1-20.)