093_HB1400ham001 LRB093 07935 LCB 12304 a 1 AMENDMENT TO HOUSE BILL 1400 2 AMENDMENT NO. . Amend House Bill 1400, on page 3, by 3 replacing lines 2 through 5 with the following: 4 "(a) An action for a civil no contact order is 5 commenced: 6 (1) independently, by filing a civil no contact 7 order in any civil court, unless specific courts are 8 designated by local rule or order; or 9 (2) in conjunction with a delinquency petition or a 10 criminal prosecution, by filing a petition for a civil no 11 contact order under the same case number as the 12 delinquency petition or criminal prosecution, to be 13 granted during pre-trial release of a defendant, with any 14 dispositional order issued under Section 5-710 of the 15 Juvenile Court Act of 1987 or as a condition of release, 16 supervision, conditional discharge, probation, periodic 17 imprisonment, parole, or mandatory supervised release, or 18 in conjunction with imprisonment or a bond forfeiture 19 warrant, provided that (i) the violation is alleged in an 20 information, complaint, indictment, or delinquency 21 petition on file and the alleged victim is a person 22 protected by this Act, and (ii) the petition, which is 23 filed by the State's Attorney, names a victim of the -2- LRB093 07935 LCB 12304 a 1 alleged crime as a petitioner. 2 (b) Withdrawal or dismissal of any petition for a civil 3 no contact order prior to adjudication where the petitioner 4 is represented by the State shall operate as a dismissal 5 without prejudice. No action for a civil no contact order 6 shall be dismissed because the respondent is being prosecuted 7 for a crime against the petitioner. For any action commenced 8 under item (2) of subsection (a) of this Section, dismissal 9 of the conjoined case (or a finding of not guilty) shall not 10 require dismissal of the action for a civil no contact order; 11 instead, it may be treated as an independent action and, if 12 necessary and appropriate, transferred to a different court 13 or division."; and 14 on page 3, line 6, by replacing "(b)" with "(c)"; and 15 on page 3, line 11 by replacing "(c)" with "(d)"; and 16 on page 4, line 21 by replacing "order of protection" with 17 "civil no contact order"; and 18 on page 8, by replacing lines 5 through 18 with the 19 following: 20 "(b) A civil no contact order shall order one or more of 21 the following: 22 (1) order the respondent to stay away from the 23 petitioner; 24 (2) order the respondent to stay away from any 25 other person protected by the civil no contact order; 26 (3) prohibit the respondent from abuse, as defined 27 in this Act, or stalking of the petitioner, as defined in 28 Section 12-7.3 of the Criminal Code of 1961, if the abuse 29 or stalking has occurred or otherwise appears likely to 30 occur if not prohibited; or 31 (4) prohibit the respondent from entering or -3- LRB093 07935 LCB 12304 a 1 remaining present at the petitioner's school or place of 2 employment, or both, or other specified places at times 3 when the petitioner is present, if reasonable, given the 4 balance of hardships. Hardships need not be balanced for 5 the court to enter a stay away order or prohibit entry if 6 the respondent has no right to enter the premises."; and 7 on page 9, line 6, by replacing "an order of protection" with 8 "a civil no contact order"; and 9 on page 11, by replacing lines 12 through 24 with the 10 following: 11 "period of time, not to exceed 2 years. A plenary civil 12 no contact order entered in conjunction with a criminal 13 prosecution shall remain in effect as follows: 14 (1) if entered during pre-trial release, until 15 disposition, withdrawal, or dismissal of the 16 underlying charge; if however, the case is continued 17 as an independent cause of action, the order's 18 duration may be for a fixed period of time not to 19 exceed 2 years; 20 (2) if in effect in conjunction with a bond 21 forfeiture warrant, until final disposition or an 22 additional period of time not exceeding 2 years; no 23 order of protection, however, shall be terminated by 24 a dismissal that is accompanied by the issuance of a 25 bond forfeiture warrant; 26 (3) until expiration of any supervision, 27 conditional discharge, probation, periodic 28 imprisonment, parole, or mandatory supervised 29 release and for an additional period of time 30 thereafter not exceeding 2 years; or 31 (4) until the date set by the court for 32 expiration of any sentence of imprisonment and 33 subsequent parole or mandatory supervised release -4- LRB093 07935 LCB 12304 a 1 and for an additional period of time thereafter not 2 exceeding 2 years."; and 3 on page 11, line 25 by replacing "(b)" with "(c)"; and 4 on page 12, line 4 by replacing "(c)" with "(d)"; and 5 on page 12, line 7 by replacing "(d)" with "(e)".