100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3718

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Code of Criminal Procedure of 1963. Revises and consolidates provisions regarding obtaining and issuing orders of protection, protective orders, and no contact orders. Repeals various provisions in the domestic violence order of protection provisions as part of the revision and consolidation. Creates a criminal offense for violation of a civil no contact order and for violation of a stalking no contact order. Makes a first violation a Class A misdemeanor and a second or subsequent a Class 4 felony. Makes conforming changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Criminal Code of 2012 is amended by adding
5Sections 12-3.8 and 12-3.9 as follows:
 
6    (720 ILCS 5/12-3.8 new)
7    Sec. 12-3.8. Violation of a civil no contact order.
8    (a) A person commits violation of a civil no contact order
9when he or she knowingly commits an act which was prohibited by
10a court or fails to commit an act which was ordered in
11violation of:
12        (1) a remedy of a valid civil no contact order
13    authorized under Section 213 of the Civil No Contact Order
14    Act or Section 112A-9 of the Code of Criminal Procedure of
15    1963; or
16        (2) a remedy, which is substantially similar to the
17    remedies authorized under Section 213 of the civil No
18    Contact Order Act or Section 112A-9 of the Code of Criminal
19    Procedure of 1963, or in a valid civil no contact order,
20    which is authorized under the laws of another state, tribe,
21    or United States territory.
22    (b) Prosecution for a violation of a civil no contact order
23shall not bar a concurrent prosecution for any other crime,

 

 

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1including any crime that may have been committed at the time of
2the violation of the civil no contact order.
3    (c) Sentence. A violation of a civil no contact order is a
4Class A misdemeanor for a first violation, and a Class 4 felony
5for a second or subsequent violation.
 
6    (720 ILCS 5/12-3.9 new)
7    Sec. 12-3.9. Violation of a stalking no contact order.
8    (a) A person commits violation of a stalking no contact
9order when he or she knowingly commits an act which was
10prohibited by a court or fails to commit an act which was
11ordered by a court in violation of:
12        (1) a remedy in a valid stalking no contact order of
13    protection authorized under Section 80 of the Stalking No
14    Contact Order Act or Section 112A-11.2 of the Code of
15    Criminal Procedure of 1963; or
16        (2) a remedy, which is substantially similar to the
17    remedies authorized under Section 80 of the Stalking No
18    Contact Order Act or Section 112A-11.2 of the Code of
19    Criminal Procedure of 1963, or in a valid stalking no
20    contact order, which is authorized under the laws of
21    another state, tribe, or United States territory.
22    (b) Prosecution for a violation of a stalking no contact
23order shall not bar a concurrent prosecution for any other
24crime, including any crime that may have been committed at the
25time of the violation of the civil no contact order.

 

 

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1    (c) Sentence. A violation of a stalking no contact order is
2a Class A misdemeanor for a first violation, and a Class 4
3felony for a second or subsequent violation.
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing the heading of Article 112A and by changing
6Sections 112A-3, 112A-4, 112A-5, 112A-12, 112A-14, 112A-15,
7112A-20, 112A-21, 112A-22, 112A-23, 112A-24, 112A-25, 112A-26,
8112A-28, and 112A-30 and by adding Sections 112A-1.5, 112A-2.5,
9112A-4.5, 112A-5.5, 112A-11.5, 112A-14.5, 112A-14.7,
10112A-21.5, 112A-21.7, and 112A-22.3 as follows:
 
11    (725 ILCS 5/Art. 112A heading)
12
ARTICLE 112A. PROTECTIVE ORDERS DOMESTIC VIOLENCE: ORDER OF
13
PROTECTION

 
14    (725 ILCS 5/112A-1.5 new)
15    Sec. 112A-1.5. Purpose. The purpose of this Article is to
16protect the safety of victims of domestic violence, sexual
17assault, sexual abuse stalking and the safety of their family
18and household members; and to minimize the trauma and
19inconvenience associated with attending separate and multiple
20civil court proceedings to obtain protective orders. This
21Article shall be interpreted in accordance with the purposes
22set forth in Section 2 of the Rights of Crime Victims and
23Witnesses Act.
 

 

 

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1    (725 ILCS 5/112A-2.5 new)
2    Sec. 112A-2.5. Types of protective orders. The following
3protective orders may be entered in conjunction with a
4delinquency petition or a criminal prosecution:
5        (1) an order of protection in cases involving domestic
6    violence;
7        (2) a civil no contact order in cases involving sexual
8    offenses; or
9        (3) a stalking no contact order in cases involving
10    stalking offenses.
 
11    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
12    Sec. 112A-3. Definitions.
13    (a) For the purposes of this Article, "protective order"
14means a domestic violence order of protection, a civil no
15contact order, or a stalking no contact order. the following
16terms shall have the following meanings:
17    (b) For the purposes of domestic violence cases, the
18following terms shall have the following meanings in this
19Article:
20        (1) "Abuse" means physical abuse, harassment,
21    intimidation of a dependent, interference with personal
22    liberty or willful deprivation but does not include
23    reasonable direction of a minor child by a parent or person
24    in loco parentis.

 

 

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1        (2) "Domestic violence" means abuse as described in
2    paragraph (1).
3        (3) "Family or household members" include spouses,
4    former spouses, parents, children, stepchildren and other
5    persons related by blood or by present or prior marriage,
6    persons who share or formerly shared a common dwelling,
7    persons who have or allegedly have a child in common,
8    persons who share or allegedly share a blood relationship
9    through a child, persons who have or have had a dating or
10    engagement relationship, persons with disabilities and
11    their personal assistants, and caregivers as defined in
12    subsection (e) of Section 12-4.4a of the Criminal Code of
13    2012. For purposes of this paragraph, neither a casual
14    acquaintanceship nor ordinary fraternization between 2
15    individuals in business or social contexts shall be deemed
16    to constitute a dating relationship.
17        (4) "Harassment" means knowing conduct which is not
18    necessary to accomplish a purpose which is reasonable under
19    the circumstances; would cause a reasonable person
20    emotional distress; and does cause emotional distress to
21    the petitioner. Unless the presumption is rebutted by a
22    preponderance of the evidence, the following types of
23    conduct shall be presumed to cause emotional distress:
24            (i) creating a disturbance at petitioner's place
25        of employment or school;
26            (ii) repeatedly telephoning petitioner's place of

 

 

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1        employment, home or residence;
2            (iii) repeatedly following petitioner about in a
3        public place or places;
4            (iv) repeatedly keeping petitioner under
5        surveillance by remaining present outside his or her
6        home, school, place of employment, vehicle or other
7        place occupied by petitioner or by peering in
8        petitioner's windows;
9            (v) improperly concealing a minor child from
10        petitioner, repeatedly threatening to improperly
11        remove a minor child of petitioner's from the
12        jurisdiction or from the physical care of petitioner,
13        repeatedly threatening to conceal a minor child from
14        petitioner, or making a single such threat following an
15        actual or attempted improper removal or concealment,
16        unless respondent was fleeing from an incident or
17        pattern of domestic violence; or
18            (vi) threatening physical force, confinement or
19        restraint on one or more occasions.
20        (5) "Interference with personal liberty" means
21    committing or threatening physical abuse, harassment,
22    intimidation or willful deprivation so as to compel another
23    to engage in conduct from which she or he has a right to
24    abstain or to refrain from conduct in which she or he has a
25    right to engage.
26        (6) "Intimidation of a dependent" means subjecting a

 

 

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1    person who is dependent because of age, health or
2    disability to participation in or the witnessing of:
3    physical force against another or physical confinement or
4    restraint of another which constitutes physical abuse as
5    defined in this Article, regardless of whether the abused
6    person is a family or household member.
7        (7) "Order of protection" means an emergency order,
8    interim order or plenary order, granted pursuant to this
9    Article, which includes any or all of the remedies
10    authorized by Section 112A-14 of this Code.
11        (8) "Petitioner" may mean not only any named petitioner
12    for the order of protection and any named victim of abuse
13    on whose behalf the petition is brought, but also any other
14    person protected by this Article.
15        (9) "Physical abuse" includes sexual abuse and means
16    any of the following:
17            (i) knowing or reckless use of physical force,
18        confinement or restraint;
19            (ii) knowing, repeated and unnecessary sleep
20        deprivation; or
21            (iii) knowing or reckless conduct which creates an
22        immediate risk of physical harm.
23         (9.3) "Respondent" in a petition for a domestic
24    violence order of protection means the defendant.
25        (9.5) "Stay away" means for the respondent to refrain
26    from both physical presence and nonphysical contact with

 

 

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1    the petitioner whether direct, indirect (including, but
2    not limited to, telephone calls, mail, email, faxes, and
3    written notes), or through third parties who may or may not
4    know about the order of protection.
5        (10) "Willful deprivation" means wilfully denying a
6    person who because of age, health or disability requires
7    medication, medical care, shelter, accessible shelter or
8    services, food, therapeutic device, or other physical
9    assistance, and thereby exposing that person to the risk of
10    physical, mental or emotional harm, except with regard to
11    medical care and treatment when such dependent person has
12    expressed the intent to forgo such medical care or
13    treatment. This paragraph does not create any new
14    affirmative duty to provide support to dependent persons.
15    (c) For the purposes of cases involving sexual offenses,
16the following terms shall have the following meanings in this
17Article:
18        (1) "Civil no contact order" means an order granted
19    under this Article, which includes a remedy authorized by
20    Section 112A-15 of this Code.
21        (2) "Family or household members" include spouses,
22    parents, children, stepchildren, and persons who share a
23    common dwelling.
24        (3) "Non-consensual" means a lack of freely given
25    agreement.
26        (4) "Petitioner" means not only any named petitioner

 

 

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1    for the civil no contact order and any named victim of
2    non-consensual sexual conduct or non-consensual sexual
3    penetration on whose behalf the petition is brought, but
4    includes any other person sought to be protected under this
5    Article.
6        (5) "Respondent" in a petition for a civil no contact
7    order means the defendant.
8        (6) "Sexual conduct" means any intentional or knowing
9    touching or fondling by the petitioner or the respondent,
10    either directly or through clothing, of the sex organs,
11    anus, or breast of the petitioner or the respondent, or any
12    part of the body of a child under 13 years of age, or any
13    transfer or transmission of semen by the respondent upon
14    any part of the clothed or unclothed body of the
15    petitioner, for the purpose of sexual gratification or
16    arousal of the petitioner or the respondent.
17        (7) "Sexual penetration" means any contact, however
18    slight, between the sex organ or anus of one person by an
19    object, the sex organ, mouth or anus of another person, or
20    any intrusion, however slight, of any part of the body of
21    one person or of any animal or object into the sex organ or
22    anus of another person, including but not limited to
23    cunnilingus, fellatio or anal penetration. Evidence of
24    emission of semen is not required to prove sexual
25    penetration.
26        (8) "Stay away" means to refrain from both physical

 

 

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1    presence and nonphysical contact with the petitioner
2    directly, indirectly, or through third parties who may or
3    may not know of the order. "Nonphysical contact" includes,
4    but is not limited to, telephone calls, mail, e-mail, fax,
5    and written notes.
6    (d) For the purposes of cases involving stalking offenses,
7the following terms shall have the following meanings in this
8Article:
9        (1) "Course of conduct" means 2 or more acts,
10    including, but not limited to, acts in which a respondent
11    directly, indirectly, or through third parties, by any
12    action, method, device, or means follows, monitors,
13    observes, surveils, threatens, or communicates to or
14    about, a person, engages in other contact, or interferes
15    with or damages a person's property or pet. A course of
16    conduct may include contact via electronic communications.
17    The incarceration of a person in a penal institution who
18    commits the course of conduct is not a bar to prosecution.
19        (2) "Emotional distress" means significant mental
20    suffering, anxiety or alarm.
21        (3) "Contact" includes any contact with the victim,
22    that is initiated or continued without the victim's
23    consent, or that is in disregard of the victim's expressed
24    desire that the contact be avoided or discontinued,
25    including, but not limited to, being in the physical
26    presence of the victim; appearing within the sight of the

 

 

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1    victim; approaching or confronting the victim in a public
2    place or on private property; appearing at the workplace or
3    residence of the victim; entering onto or remaining on
4    property owned, leased, or occupied by the victim; or
5    placing an object on, or delivering an object to, property
6    owned, leased, or occupied by the victim.
7        (4) "Petitioner" means any named petitioner for the
8    stalking no contact order or any named victim of stalking
9    on whose behalf the petition is brought.
10        (5) "Reasonable person" means a person in the
11    petitioner's circumstances with the petitioner's knowledge
12    of the respondent and the respondent's prior acts.
13        (6) "Respondent" in a petition for a civil no contact
14    order means the defendant.
15        (7) "Stalking" means engaging in a course of conduct
16    directed at a specific person, and he or she knows or
17    should know that this course of conduct would cause a
18    reasonable person to fear for his or her safety or the
19    safety of a third person or suffer emotional distress.
20    "Stalking" does not include an exercise of the right to
21    free speech or assembly that is otherwise lawful or
22    picketing occurring at the workplace that is otherwise
23    lawful and arises out of a bona fide labor dispute,
24    including any controversy concerning wages, salaries,
25    hours, working conditions or benefits, including health
26    and welfare, sick leave, insurance, and pension or

 

 

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1    retirement provisions, the making or maintaining of
2    collective bargaining agreements, and the terms to be
3    included in those agreements.
4        (8) "Stalking No Contact Order" means an order granted
5    under this Article, which includes a remedy authorized by
6    Section 112A-16 of this Code.
7(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
8    (725 ILCS 5/112A-4)  (from Ch. 38, par. 112A-4)
9    Sec. 112A-4. Persons protected by this article.
10    (a) The following persons are protected by this Article in
11cases involving domestic violence:
12        (1) (i) any person abused by a family or household
13    member;
14        (2) (ii) any minor child or dependent adult in the care
15    of such person; and
16        (3) (iii) any person residing or employed at a private
17    home or public shelter which is housing an abused family or
18    household member.
19    (a-5) The following persons are protected by this Article
20in cases involving sexual offenses:
21        (1) any victim of non-consensual sexual conduct or
22    non-consensual sexual penetration on whose behalf the
23    petition is brought;
24        (2) any family or household member of the named victim;
25    and

 

 

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1        (3) any employee of or volunteer at a rape crisis
2    center.
3    (a-10) The following persons are protected by this Article
4in cases involving stalking offenses:
5        (1) any victim of stalking; and
6        (2) any family or household member of the named victim.
7    (b) (Blank). A petition for an order of protection may be
8filed only by a person who has been abused by a family or
9household member or by any person on behalf of a minor child or
10an adult who has been abused by a family or household member
11and who, because of age, health, disability, or
12inaccessibility, cannot file the petition. However, any
13petition properly filed under this Article may seek protection
14for any additional persons protected by this Article.
15(Source: P.A. 87-1186.)
 
16    (725 ILCS 5/112A-4.5 new)
17    Sec. 112A-4.5. Who may file petition.
18    (a) A petition for an order of protection may be filed only
19by a person who has been abused by a family or household member
20or by any person on behalf of a minor child or an adult who has
21been abused by a family or household member and who, because of
22age, health, disability, or inaccessibility, cannot file the
23petition. However, any petition properly filed under this
24Article may seek protection for any additional persons
25protected by this Article.

 

 

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1    (b) A petition for a civil no contact order may be filed:
2        (1) by any person who is a victim of non-consensual
3    sexual conduct or non-consensual sexual penetration,
4    including a single incident of non-consensual sexual
5    conduct or non-consensual sexual penetration; or
6        (2) by a person on behalf of a minor child or an adult
7    who is a victim of non-consensual sexual conduct or
8    non-consensual sexual penetration but, because of age,
9    disability, health, or inaccessibility, cannot file the
10    petition.
11    (c) A petition for a stalking no contact order may be
12filed:
13        (1) by any person who is a victim of stalking; or
14        (2) by a person on behalf of a minor child or an adult
15    who is a victim of stalking but, because of age,
16    disability, health, or inaccessibility, cannot file the
17    petition.
18    (d) The State's Attorney shall file a petition on behalf on
19any person who may file a petition under subsections (a), (b)
20or (c) of this Section if the person requests the State's
21Attorney to file a petition on the person's behalf.
22    (e) Any petition properly filed under this Article may seek
23protection for any additional persons protected by this
24Article.
 
25    (725 ILCS 5/112A-5)  (from Ch. 38, par. 112A-5)

 

 

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1    Sec. 112A-5. Pleading; non-disclosure of address.
2    (a) A petition for a protective order an order of
3protection shall be in writing and verified or accompanied by
4affidavit and shall allege that petitioner has been abused by
5respondent, who is a family or household member. The petition
6shall further set forth whether there is any other pending
7action between the petitioner and respondent parties. During
8the pendency of this proceeding, each party has a continuing
9duty to inform the court of any subsequent proceeding for an
10order of protection in this or any other state.
11    (b) The petitioner shall not be required to disclose the
12petitioner's address. If the petition states that disclosure of
13petitioner's address would risk abuse of petitioner or any
14member of petitioner's family or household or reveal the
15confidential address of a shelter for domestic violence
16victims, that address may be omitted from all documents filed
17with the court. If disclosure is necessary to determine
18jurisdiction or consider any venue issue, it shall be made
19orally and in camera. If petitioner has not disclosed an
20address under this subsection, petitioner shall designate an
21alternative address at which respondent may serve notice of any
22motions.
23(Source: P.A. 87-1186.)
 
24    (725 ILCS 5/112A-5.5 new)
25    Sec. 112A-5.5. Time for filing petition. A petition for a

 

 

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1protective order may be filed at any time before the charge is
2dismissed, the defendant is acquitted, or the defendant
3completes service of his sentence. The petition can be
4considered at any court proceeding in the delinquency or
5criminal case at which the defendant is present. The court may
6schedule a separate court proceeding to consider the petition.
 
7    (725 ILCS 5/112A-11.5 new)
8    Sec. 112A-11.5. Issuance of protective order.
9(a) The court shall grant the petition and enter a protective
10order if the court finds prima facie evidence that a crime
11involving domestic violence, a sexual offense or a crime
12involving stalking has been committed. The following shall be
13considered prima facie evidence of the crime:
14        (1) an information, complaint, indictment or
15    delinquency petition, charging a crime of domestic
16    violence, a sexual offense or stalking or charging an
17    attempt to commit a crime of domestic violence, a sexual
18    offense or stalking; or
19        (2) an adjudication of delinquency, a finding of guilt
20    based upon a plea, or a finding of guilt after a trial for
21    a crime of domestic battery, a sexual crime or stalking or
22    an attempt to commit a crime of domestic violence, a sexual
23    offense or stalking;
24        (3) any dispositional order issued under Section 5-710
25    of the Juvenile Court Act of 1987, the imposition of

 

 

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1    supervision, conditional discharge, probation, periodic
2    imprisonment, parole, aftercare release or mandatory
3    supervised release for a crime of domestic violence, a
4    sexual offense or stalking or an attempt to commit a crime
5    of domestic violence, a sexual offense, or stalking, or
6    imprisonment in conjunction with a bond forfeiture
7    warrant; or
8        (4) the entry of a protective order in a separate civil
9    case brought by the petitioner against the respondent.
 
10    (725 ILCS 5/112A-12)  (from Ch. 38, par. 112A-12)
11    Sec. 112A-12. Transfer of issues not decided in cases
12involving domestic violence Hearings.
13    (a) (Blank). A petition for an order of protection shall be
14treated as an expedited proceeding, and no court shall transfer
15or otherwise decline to decide all or part of such petition,
16except as otherwise provided herein. Nothing in this Section
17shall prevent the court from reserving issues when jurisdiction
18or notice requirements are not met.
19    (b) A criminal court may decline to decide contested issues
20of physical care, custody, visitation, or family support,
21unless a decision on one or more of those contested issues is
22necessary to avoid the risk of abuse, neglect, removal from the
23state or concealment within the state of the child or of
24separation of the child from the primary caretaker.
25    (c) The court shall transfer to the appropriate court or

 

 

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1division any issue it has declined to decide. Any court may
2transfer any matter which must be tried by jury to a more
3appropriate calendar or division.
4    (d) If the court transfers or otherwise declines to decide
5any issue, judgment on that issue shall be expressly reserved
6and ruling on other issues shall not be delayed or declined.
7(Source: P.A. 87-1186.)
 
8    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
9    Sec. 112A-14. Order of protection; remedies.
10    (a) (Blank). Issuance of order. If the court finds that
11petitioner has been abused by a family or household member, as
12defined in this Article, an order of protection prohibiting
13such abuse shall issue; provided that petitioner must also
14satisfy the requirements of one of the following Sections, as
15appropriate: Section 112A-17 on emergency orders, Section
16112A-18 on interim orders, or Section 112A-19 on plenary
17orders. Petitioner shall not be denied an order of protection
18because petitioner or respondent is a minor. The court, when
19determining whether or not to issue an order of protection,
20shall not require physical manifestations of abuse on the
21person of the victim. Modification and extension of prior
22orders of protection shall be in accordance with this Article.
23    (b) The court may order any of the remedies listed in this
24subsection. Remedies and standards. The remedies to be included
25in an order of protection shall be determined in accordance

 

 

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1with this Section and one of the following Sections, as
2appropriate: Section 112A-17 on emergency orders, Section
3112A-18 on interim orders, and Section 112A-19 on plenary
4orders. The remedies listed in this subsection shall be in
5addition to other civil or criminal remedies available to
6petitioner.
7        (1) Prohibition of abuse. Prohibit respondent's
8    harassment, interference with personal liberty,
9    intimidation of a dependent, physical abuse or willful
10    deprivation, as defined in this Article, if such abuse has
11    occurred or otherwise appears likely to occur if not
12    prohibited.
13        (2) Grant of exclusive possession of residence.
14    Prohibit respondent from entering or remaining in any
15    residence, household, or premises of the petitioner,
16    including one owned or leased by respondent, if petitioner
17    has a right to occupancy thereof. The grant of exclusive
18    possession of the residence, household, or premises shall
19    not affect title to real property, nor shall the court be
20    limited by the standard set forth in Section 701 of the
21    Illinois Marriage and Dissolution of Marriage Act.
22            (A) Right to occupancy. A party has a right to
23        occupancy of a residence or household if it is solely
24        or jointly owned or leased by that party, that party's
25        spouse, a person with a legal duty to support that
26        party or a minor child in that party's care, or by any

 

 

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1        person or entity other than the opposing party that
2        authorizes that party's occupancy (e.g., a domestic
3        violence shelter). Standards set forth in subparagraph
4        (B) shall not preclude equitable relief.
5            (B) Presumption of hardships. If petitioner and
6        respondent each has the right to occupancy of a
7        residence or household, the court shall balance (i) the
8        hardships to respondent and any minor child or
9        dependent adult in respondent's care resulting from
10        entry of this remedy with (ii) the hardships to
11        petitioner and any minor child or dependent adult in
12        petitioner's care resulting from continued exposure to
13        the risk of abuse (should petitioner remain at the
14        residence or household) or from loss of possession of
15        the residence or household (should petitioner leave to
16        avoid the risk of abuse). When determining the balance
17        of hardships, the court shall also take into account
18        the accessibility of the residence or household.
19        Hardships need not be balanced if respondent does not
20        have a right to occupancy.
21            The balance of hardships is presumed to favor
22        possession by petitioner unless the presumption is
23        rebutted by a preponderance of the evidence, showing
24        that the hardships to respondent substantially
25        outweigh the hardships to petitioner and any minor
26        child or dependent adult in petitioner's care. The

 

 

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1        court, on the request of petitioner or on its own
2        motion, may order respondent to provide suitable,
3        accessible, alternate housing for petitioner instead
4        of excluding respondent from a mutual residence or
5        household.
6        (3) Stay away order and additional prohibitions. Order
7    respondent to stay away from petitioner or any other person
8    protected by the order of protection, or prohibit
9    respondent from entering or remaining present at
10    petitioner's school, place of employment, or other
11    specified places at times when petitioner is present, or
12    both, if reasonable, given the balance of hardships.
13    Hardships need not be balanced for the court to enter a
14    stay away order or prohibit entry if respondent has no
15    right to enter the premises.
16            (A) If an order of protection grants petitioner
17        exclusive possession of the residence, or prohibits
18        respondent from entering the residence, or orders
19        respondent to stay away from petitioner or other
20        protected persons, then the court may allow respondent
21        access to the residence to remove items of clothing and
22        personal adornment used exclusively by respondent,
23        medications, and other items as the court directs. The
24        right to access shall be exercised on only one occasion
25        as the court directs and in the presence of an
26        agreed-upon adult third party or law enforcement

 

 

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1        officer.
2            (B) When the petitioner and the respondent attend
3        the same public, private, or non-public elementary,
4        middle, or high school, the court when issuing an order
5        of protection and providing relief shall consider the
6        severity of the act, any continuing physical danger or
7        emotional distress to the petitioner, the educational
8        rights guaranteed to the petitioner and respondent
9        under federal and State law, the availability of a
10        transfer of the respondent to another school, a change
11        of placement or a change of program of the respondent,
12        the expense, difficulty, and educational disruption
13        that would be caused by a transfer of the respondent to
14        another school, and any other relevant facts of the
15        case. The court may order that the respondent not
16        attend the public, private, or non-public elementary,
17        middle, or high school attended by the petitioner,
18        order that the respondent accept a change of placement
19        or change of program, as determined by the school
20        district or private or non-public school, or place
21        restrictions on the respondent's movements within the
22        school attended by the petitioner. The respondent
23        bears the burden of proving by a preponderance of the
24        evidence that a transfer, change of placement, or
25        change of program of the respondent is not available.
26        The respondent also bears the burden of production with

 

 

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1        respect to the expense, difficulty, and educational
2        disruption that would be caused by a transfer of the
3        respondent to another school. A transfer, change of
4        placement, or change of program is not unavailable to
5        the respondent solely on the ground that the respondent
6        does not agree with the school district's or private or
7        non-public school's transfer, change of placement, or
8        change of program or solely on the ground that the
9        respondent fails or refuses to consent or otherwise
10        does not take an action required to effectuate a
11        transfer, change of placement, or change of program.
12        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
15        another attendance center within the respondent's
16        school district or private or non-public school, the
17        school district or private or non-public school shall
18        have sole discretion to determine the attendance
19        center to which the respondent is transferred. If the
20        court order results in a transfer of the minor
21        respondent to another attendance center, a change in
22        the respondent's placement, or a change of the
23        respondent's program, the parents, guardian, or legal
24        custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        transfer or change.

 

 

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1            (C) The court may order the parents, guardian, or
2        legal custodian of a minor respondent to take certain
3        actions or to refrain from taking certain actions to
4        ensure that the respondent complies with the order. If
5        the court orders a transfer of the respondent to
6        another school, the parents, guardian, or legal
7        custodian of the respondent is responsible for
8        transportation and other costs associated with the
9        change of school by the respondent.
10        (4) Counseling. Require or recommend the respondent to
11    undergo counseling for a specified duration with a social
12    worker, psychologist, clinical psychologist, psychiatrist,
13    family service agency, alcohol or substance abuse program,
14    mental health center guidance counselor, agency providing
15    services to elders, program designed for domestic violence
16    abusers or any other guidance service the court deems
17    appropriate. The court may order the respondent in any
18    intimate partner relationship to report to an Illinois
19    Department of Human Services protocol approved partner
20    abuse intervention program for an assessment and to follow
21    all recommended treatment.
22        (5) Physical care and possession of the minor child. In
23    order to protect the minor child from abuse, neglect, or
24    unwarranted separation from the person who has been the
25    minor child's primary caretaker, or to otherwise protect
26    the well-being of the minor child, the court may do either

 

 

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1    or both of the following: (i) grant petitioner physical
2    care or possession of the minor child, or both, or (ii)
3    order respondent to return a minor child to, or not remove
4    a minor child from, the physical care of a parent or person
5    in loco parentis.
6        If the a court finds, after a hearing, that respondent
7    is charged with has committed abuse (as defined in Section
8    112A-3) of a minor child, there shall be a rebuttable
9    presumption that awarding physical care to respondent
10    would not be in the minor child's best interest.
11        (6) Temporary legal custody. Award temporary legal
12    custody to petitioner in accordance with this Section, the
13    Illinois Marriage and Dissolution of Marriage Act, the
14    Illinois Parentage Act of 2015, and this State's Uniform
15    Child-Custody Jurisdiction and Enforcement Act.
16        If the a court finds, after a hearing, that respondent
17    is charged with has committed abuse (as defined in Section
18    112A-3) of a minor child, there shall be a rebuttable
19    presumption that awarding temporary legal custody to
20    respondent would not be in the child's best interest.
21        (7) Visitation. Determine the visitation rights, if
22    any, of respondent in any case in which the court awards
23    physical care or temporary legal custody of a minor child
24    to petitioner. The court shall restrict or deny
25    respondent's visitation with a minor child if the court
26    finds that respondent has done or is likely to do any of

 

 

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1    the following: (i) abuse or endanger the minor child during
2    visitation; (ii) use the visitation as an opportunity to
3    abuse or harass petitioner or petitioner's family or
4    household members; (iii) improperly conceal or detain the
5    minor child; or (iv) otherwise act in a manner that is not
6    in the best interests of the minor child. The court shall
7    not be limited by the standards set forth in Section 607.1
8    of the Illinois Marriage and Dissolution of Marriage Act.
9    If the court grants visitation, the order shall specify
10    dates and times for the visitation to take place or other
11    specific parameters or conditions that are appropriate. No
12    order for visitation shall refer merely to the term
13    "reasonable visitation".
14        Petitioner may deny respondent access to the minor
15    child if, when respondent arrives for visitation,
16    respondent is under the influence of drugs or alcohol and
17    constitutes a threat to the safety and well-being of
18    petitioner or petitioner's minor children or is behaving in
19    a violent or abusive manner.
20        If necessary to protect any member of petitioner's
21    family or household from future abuse, respondent shall be
22    prohibited from coming to petitioner's residence to meet
23    the minor child for visitation, and the parties shall
24    submit to the court their recommendations for reasonable
25    alternative arrangements for visitation. A person may be
26    approved to supervise visitation only after filing an

 

 

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1    affidavit accepting that responsibility and acknowledging
2    accountability to the court.
3        (8) Removal or concealment of minor child. Prohibit
4    respondent from removing a minor child from the State or
5    concealing the child within the State.
6        (9) Order to appear. Order the respondent to appear in
7    court, alone or with a minor child, to prevent abuse,
8    neglect, removal or concealment of the child, to return the
9    child to the custody or care of the petitioner or to permit
10    any court-ordered interview or examination of the child or
11    the respondent.
12        (10) Possession of personal property. Grant petitioner
13    exclusive possession of personal property and, if
14    respondent has possession or control, direct respondent to
15    promptly make it available to petitioner, if:
16            (i) petitioner, but not respondent, owns the
17        property; or
18            (ii) the parties own the property jointly; sharing
19        it would risk abuse of petitioner by respondent or is
20        impracticable; and the balance of hardships favors
21        temporary possession by petitioner.
22        If petitioner's sole claim to ownership of the property
23    is that it is marital property, the court may award
24    petitioner temporary possession thereof under the
25    standards of subparagraph (ii) of this paragraph only if a
26    proper proceeding has been filed under the Illinois

 

 

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1    Marriage and Dissolution of Marriage Act, as now or
2    hereafter amended.
3        No order under this provision shall affect title to
4    property.
5        (11) Protection of property. Forbid the respondent
6    from taking, transferring, encumbering, concealing,
7    damaging or otherwise disposing of any real or personal
8    property, except as explicitly authorized by the court, if:
9            (i) petitioner, but not respondent, owns the
10        property; or
11            (ii) the parties own the property jointly, and the
12        balance of hardships favors granting this remedy.
13        If petitioner's sole claim to ownership of the property
14    is that it is marital property, the court may grant
15    petitioner relief under subparagraph (ii) of this
16    paragraph only if a proper proceeding has been filed under
17    the Illinois Marriage and Dissolution of Marriage Act, as
18    now or hereafter amended.
19        The court may further prohibit respondent from
20    improperly using the financial or other resources of an
21    aged member of the family or household for the profit or
22    advantage of respondent or of any other person.
23        (11.5) Protection of animals. Grant the petitioner the
24    exclusive care, custody, or control of any animal owned,
25    possessed, leased, kept, or held by either the petitioner
26    or the respondent or a minor child residing in the

 

 

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1    residence or household of either the petitioner or the
2    respondent and order the respondent to stay away from the
3    animal and forbid the respondent from taking,
4    transferring, encumbering, concealing, harming, or
5    otherwise disposing of the animal.
6        (12) Order for payment of support. Order respondent to
7    pay temporary support for the petitioner or any child in
8    the petitioner's care or custody, when the respondent has a
9    legal obligation to support that person, in accordance with
10    the Illinois Marriage and Dissolution of Marriage Act,
11    which shall govern, among other matters, the amount of
12    support, payment through the clerk and withholding of
13    income to secure payment. An order for child support may be
14    granted to a petitioner with lawful physical care or
15    custody of a child, or an order or agreement for physical
16    care or custody, prior to entry of an order for legal
17    custody. Such a support order shall expire upon entry of a
18    valid order granting legal custody to another, unless
19    otherwise provided in the custody order.
20        (13) Order for payment of losses. Order respondent to
21    pay petitioner for losses suffered as a direct result of
22    the abuse. Such losses shall include, but not be limited
23    to, medical expenses, lost earnings or other support,
24    repair or replacement of property damaged or taken,
25    reasonable attorney's fees, court costs and moving or other
26    travel expenses, including additional reasonable expenses

 

 

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1    for temporary shelter and restaurant meals.
2            (i) Losses affecting family needs. If a party is
3        entitled to seek maintenance, child support or
4        property distribution from the other party under the
5        Illinois Marriage and Dissolution of Marriage Act, as
6        now or hereafter amended, the court may order
7        respondent to reimburse petitioner's actual losses, to
8        the extent that such reimbursement would be
9        "appropriate temporary relief", as authorized by
10        subsection (a)(3) of Section 501 of that Act.
11            (ii) Recovery of expenses. In the case of an
12        improper concealment or removal of a minor child, the
13        court may order respondent to pay the reasonable
14        expenses incurred or to be incurred in the search for
15        and recovery of the minor child, including but not
16        limited to legal fees, court costs, private
17        investigator fees, and travel costs.
18        (14) Prohibition of entry. Prohibit the respondent
19    from entering or remaining in the residence or household
20    while the respondent is under the influence of alcohol or
21    drugs and constitutes a threat to the safety and well-being
22    of the petitioner or the petitioner's children.
23        (14.5) Prohibition of firearm possession.
24            (A) A person who is subject to an existing order of
25        protection, interim order of protection, emergency
26        order of protection, or plenary order of protection,

 

 

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1        issued under this Code may not lawfully possess weapons
2        under Section 8.2 of the Firearm Owners Identification
3        Card Act.
4            (B) Any firearms in the possession of the
5        respondent, except as provided in subparagraph (C) of
6        this paragraph (14.5), shall be ordered by the court to
7        be turned over to a person with a valid Firearm Owner's
8        Identification Card for safekeeping. The court shall
9        issue an order that the respondent's Firearm Owner's
10        Identification Card be turned over to the local law
11        enforcement agency, which in turn shall immediately
12        mail the card to the Department of State Police Firearm
13        Owner's Identification Card Office for safekeeping.
14        The period of safekeeping shall be for the duration of
15        the order of protection. The firearm or firearms and
16        Firearm Owner's Identification Card, if unexpired,
17        shall at the respondent's request be returned to the
18        respondent at expiration of the order of protection.
19            (C) If the respondent is a peace officer as defined
20        in Section 2-13 of the Criminal Code of 2012, the court
21        shall order that any firearms used by the respondent in
22        the performance of his or her duties as a peace officer
23        be surrendered to the chief law enforcement executive
24        of the agency in which the respondent is employed, who
25        shall retain the firearms for safekeeping for the
26        duration of the order of protection.

 

 

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1            (D) Upon expiration of the period of safekeeping,
2        if the firearms or Firearm Owner's Identification Card
3        cannot be returned to respondent because respondent
4        cannot be located, fails to respond to requests to
5        retrieve the firearms, or is not lawfully eligible to
6        possess a firearm, upon petition from the local law
7        enforcement agency, the court may order the local law
8        enforcement agency to destroy the firearms, use the
9        firearms for training purposes, or for any other
10        application as deemed appropriate by the local law
11        enforcement agency; or that the firearms be turned over
12        to a third party who is lawfully eligible to possess
13        firearms, and who does not reside with respondent.
14        (15) Prohibition of access to records. If an order of
15    protection prohibits respondent from having contact with
16    the minor child, or if petitioner's address is omitted
17    under subsection (b) of Section 112A-5, or if necessary to
18    prevent abuse or wrongful removal or concealment of a minor
19    child, the order shall deny respondent access to, and
20    prohibit respondent from inspecting, obtaining, or
21    attempting to inspect or obtain, school or any other
22    records of the minor child who is in the care of
23    petitioner.
24        (16) Order for payment of shelter services. Order
25    respondent to reimburse a shelter providing temporary
26    housing and counseling services to the petitioner for the

 

 

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1    cost of the services, as certified by the shelter and
2    deemed reasonable by the court.
3        (17) Order for injunctive relief. Enter injunctive
4    relief necessary or appropriate to prevent further abuse of
5    a family or household member or to effectuate one of the
6    granted remedies, if supported by the balance of hardships.
7    If the harm to be prevented by the injunction is abuse or
8    any other harm that one of the remedies listed in
9    paragraphs (1) through (16) of this subsection is designed
10    to prevent, no further evidence is necessary to establish
11    that the harm is an irreparable injury.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including but not limited to the
16    following:
17            (i) the nature, frequency, severity, pattern and
18        consequences of the respondent's past abuse of the
19        petitioner or any family or household member,
20        including the concealment of his or her location in
21        order to evade service of process or notice, and the
22        likelihood of danger of future abuse to petitioner or
23        any member of petitioner's or respondent's family or
24        household; and
25            (ii) the danger that any minor child will be abused
26        or neglected or improperly removed from the

 

 

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1        jurisdiction, improperly concealed within the State or
2        improperly separated from the child's primary
3        caretaker.
4        (2) In comparing relative hardships resulting to the
5    parties from loss of possession of the family home, the
6    court shall consider relevant factors, including but not
7    limited to the following:
8            (i) availability, accessibility, cost, safety,
9        adequacy, location and other characteristics of
10        alternate housing for each party and any minor child or
11        dependent adult in the party's care;
12            (ii) the effect on the party's employment; and
13            (iii) the effect on the relationship of the party,
14        and any minor child or dependent adult in the party's
15        care, to family, school, church and community.
16        (3) Subject to the exceptions set forth in paragraph
17    (4) of this subsection, the court shall make its findings
18    in an official record or in writing, and shall at a minimum
19    set forth the following:
20            (i) That the court has considered the applicable
21        relevant factors described in paragraphs (1) and (2) of
22        this subsection.
23            (ii) Whether the conduct or actions of respondent,
24        unless prohibited, will likely cause irreparable harm
25        or continued abuse.
26            (iii) Whether it is necessary to grant the

 

 

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1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) (Blank). For purposes of issuing an ex parte
4    emergency order of protection, the court, as an alternative
5    to or as a supplement to making the findings described in
6    paragraphs (c)(3)(i) through (c)(3)(iii) of this
7    subsection, may use the following procedure:
8        When a verified petition for an emergency order of
9    protection in accordance with the requirements of Sections
10    112A-5 and 112A-17 is presented to the court, the court
11    shall examine petitioner on oath or affirmation. An
12    emergency order of protection shall be issued by the court
13    if it appears from the contents of the petition and the
14    examination of petitioner that the averments are
15    sufficient to indicate abuse by respondent and to support
16    the granting of relief under the issuance of the emergency
17    order of protection.
18        (5) Never married parties. No rights or
19    responsibilities for a minor child born outside of marriage
20    attach to a putative father until a father and child
21    relationship has been established under the Illinois
22    Parentage Act of 1984 or under the Illinois Parentage Act
23    of 2015 on and after the effective date of that Act. Absent
24    such an adjudication, no putative father shall be granted
25    temporary custody of the minor child, visitation with the
26    minor child, or physical care and possession of the minor

 

 

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1    child, nor shall an order of payment for support of the
2    minor child be entered.
3    (d) Balance of hardships; findings. If the court finds that
4the balance of hardships does not support the granting of a
5remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will result
9in hardship to respondent that would substantially outweigh the
10hardship to petitioner from denial of the remedy. The findings
11shall be an official record or in writing.
12    (e) Denial of remedies. Denial of any remedy shall not be
13based, in whole or in part, on evidence that:
14        (1) Respondent has cause for any use of force, unless
15    that cause satisfies the standards for justifiable use of
16    force provided by Article 7 of the Criminal Code of 2012;
17        (2) Respondent was voluntarily intoxicated;
18        (3) Petitioner acted in self-defense or defense of
19    another, provided that, if petitioner utilized force, such
20    force was justifiable under Article 7 of the Criminal Code
21    of 2012;
22        (4) Petitioner did not act in self-defense or defense
23    of another;
24        (5) Petitioner left the residence or household to avoid
25    further abuse by respondent;
26        (6) Petitioner did not leave the residence or household

 

 

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1    to avoid further abuse by respondent;
2        (7) Conduct by any family or household member excused
3    the abuse by respondent, unless that same conduct would
4    have excused such abuse if the parties had not been family
5    or household members.
6(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)
 
7    (725 ILCS 5/112A-14.5 new)
8    Sec. 112A-14.5. Civil no contact order; remedies.
9    (a) The petitioner shall not be denied a civil no contact
10order because the petitioner or the respondent is a minor. The
11court, when determining whether or not to issue a civil no
12contact order, may not require physical injury on the person of
13the victim.
14    (b) The court may order any of the remedies listed in this
15subsection. The remedies listed in this subsection shall be in
16addition to other civil or criminal remedies available to
17petitioner:
18        (1) prohibit the respondent from knowingly coming
19    within, or knowingly remaining within, a specified
20    distance from the petitioner;
21        (2) restrain the respondent from having any contact,
22    including nonphysical contact, with the petitioner
23    directly, indirectly, or through third parties, regardless
24    of whether those third parties know of the order;
25        (3) prohibit the respondent from knowingly coming

 

 

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1    within, or knowingly remaining within, a specified
2    distance from the petitioner's residence, school, day care
3    or other specified location;
4        (4) order the respondent to stay away from any property
5    or animal owned, possessed, leased, kept, or held by the
6    petitioner and forbid the respondent from taking,
7    transferring, encumbering, concealing, harming, or
8    otherwise disposing of the property or animal; and
9        (5) order any other injunctive relief as necessary or
10    appropriate for the protection of the petitioner.
11    (c) When the petitioner and the respondent attend the same
12public or private elementary, middle, or high school, the court
13when issuing a civil no contact order and providing relief
14shall consider the severity of the act, any continuing physical
15danger or emotional distress to the petitioner, the educational
16rights guaranteed to the petitioner and respondent under
17federal and State law, the availability of a transfer of the
18respondent to another school, a change of placement or a change
19of program of the respondent, the expense, difficulty, and
20educational disruption that would be caused by a transfer of
21the respondent to another school, and any other relevant facts
22of the case. The court may order that the respondent not attend
23the public, private, or non-public elementary, middle, or high
24school attended by the petitioner, order that the respondent
25accept a change of placement or program, as determined by the
26school district or private or non-public school, or place

 

 

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1restrictions on the respondent's movements within the school
2attended by the petitioner. The respondent bears the burden of
3proving by a preponderance of the evidence that a transfer,
4change of placement, or change of program of the respondent is
5not available. The respondent also bears the burden of
6production with respect to the expense, difficulty, and
7educational disruption that would be caused by a transfer of
8the respondent to another school. A transfer, change of
9placement, or change of program is not unavailable to the
10respondent solely on the ground that the respondent does not
11agree with the school district's or private or non-public
12school's transfer, change of placement, or change of program or
13solely on the ground that the respondent fails or refuses to
14consent to or otherwise does not take an action required to
15effectuate a transfer, change of placement, or change of
16program. When a court orders a respondent to stay away from the
17public, private, or non-public school attended by the
18petitioner and the respondent requests a transfer to another
19attendance center within the respondent's school district or
20private or non-public school, the school district or private or
21non-public school shall have sole discretion to determine the
22attendance center to which the respondent is transferred. If
23the court order results in a transfer of the minor respondent
24to another attendance center, a change in the respondent's
25placement, or a change of the respondent's program, the
26parents, guardian, or legal custodian of the respondent is

 

 

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1responsible for transportation and other costs associated with
2the transfer or change.
3    (d) The court may order the parents, guardian, or legal
4custodian of a minor respondent to take certain actions or to
5refrain from taking certain actions to ensure that the
6respondent complies with the order. If the court orders a
7transfer of the respondent to another school, the parents or
8legal guardians of the respondent are responsible for
9transportation and other costs associated with the change of
10school by the respondent.
11    (e) Denial of a remedy may not be based, in whole or in
12part, on evidence that:
13        (1) the respondent has cause for any use of force,
14    unless that cause satisfies the standards for justifiable
15    use of force provided by Article 7 of the Criminal Code of
16    2012;
17        (2) the respondent was voluntarily intoxicated;
18        (3) the petitioner acted in self-defense or defense of
19    another, provided that, if the petitioner utilized force,
20    such force was justifiable under Article 7 of the Criminal
21    Code of 2012;
22        (4) the petitioner did not act in self-defense or
23    defense of another;
24        (5) the petitioner left the residence or household to
25    avoid further non-consensual sexual conduct or
26    non-consensual sexual penetration by the respondent; or

 

 

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1        (6) the petitioner did not leave the residence or
2    household to avoid further non-consensual sexual conduct
3    or non-consensual sexual penetration by the respondent.
4    (f) Monetary damages are not recoverable as a remedy.
 
5    (725 ILCS 5/112A-14.7 new)
6    Sec. 112A-14.7. Stalking no contact order; remedies.
7    (a) The petitioner shall not be denied a stalking no
8contact order because the petitioner or the respondent is a
9minor. The court, when determining whether or not to issue a
10stalking no contact order, may not require physical injury on
11the person of the petitioner. Modification and extension of
12prior stalking no contact orders shall be in accordance with
13this Article.
14    (b) The court may order any of the remedies listed in this
15subsection. The remedies listed in this subsection shall be in
16addition to other civil or criminal remedies available to
17petitioner. A stalking no contact order shall order one or more
18of the following:
19        (1) prohibit the respondent from threatening to commit
20    or committing stalking;
21        (2) order the respondent not to have any contact with
22    the petitioner or a third person specifically named by the
23    court;
24        (3) prohibit the respondent from knowingly coming
25    within, or knowingly remaining within a specified distance

 

 

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1    of the petitioner or the petitioner's residence, school,
2    daycare, or place of employment, or any specified place
3    frequented by the petitioner; however, the court may order
4    the respondent to stay away from the respondent's own
5    residence, school, or place of employment only if the
6    respondent has been provided actual notice of the
7    opportunity to appear and be heard on the petition;
8        (4) prohibit the respondent from possessing a Firearm
9    Owners Identification Card, or possessing or buying
10    firearms; and
11        (5) order other injunctive relief the court determines
12    to be necessary to protect the petitioner or third party
13    specifically named by the court.
14    (c) When the petitioner and the respondent attend the same
15public, private, or non-public elementary, middle, or high
16school, the court when issuing a stalking no contact order and
17providing relief shall consider the severity of the act, any
18continuing physical danger or emotional distress to the
19petitioner, the educational rights guaranteed to the
20petitioner and respondent under federal and State law, the
21availability of a transfer of the respondent to another school,
22a change of placement or a change of program of the respondent,
23the expense, difficulty, and educational disruption that would
24be caused by a transfer of the respondent to another school,
25and any other relevant facts of the case. The court may order
26that the respondent not attend the public, private, or

 

 

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1non-public elementary, middle, or high school attended by the
2petitioner, order that the respondent accept a change of
3placement or program, as determined by the school district or
4private or non-public school, or place restrictions on the
5respondent's movements within the school attended by the
6petitioner. The respondent bears the burden of proving by a
7preponderance of the evidence that a transfer, change of
8placement, or change of program of the respondent is not
9available. The respondent also bears the burden of production
10with respect to the expense, difficulty, and educational
11disruption that would be caused by a transfer of the respondent
12to another school. A transfer, change of placement, or change
13of program is not unavailable to the respondent solely on the
14ground that the respondent does not agree with the school
15district's or private or non-public school's transfer, change
16of placement, or change of program or solely on the ground that
17the respondent fails or refuses to consent to or otherwise does
18not take an action required to effectuate a transfer, change of
19placement, or change of program. When a court orders a
20respondent to stay away from the public, private, or non-public
21school attended by the petitioner and the respondent requests a
22transfer to another attendance center within the respondent's
23school district or private or non-public school, the school
24district or private or non-public school shall have sole
25discretion to determine the attendance center to which the
26respondent is transferred. If the court order results in a

 

 

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1transfer of the minor respondent to another attendance center,
2a change in the respondent's placement, or a change of the
3respondent's program, the parents, guardian, or legal
4custodian of the respondent is responsible for transportation
5and other costs associated with the transfer or change.
6    (d) The court may order the parents, guardian, or legal
7custodian of a minor respondent to take certain actions or to
8refrain from taking certain actions to ensure that the
9respondent complies with the order. If the court orders a
10transfer of the respondent to another school, the parents,
11guardian, or legal custodian of the respondent are responsible
12for transportation and other costs associated with the change
13of school by the respondent.
14    (e) The court shall not hold a school district or private
15or non-public school or any of its employees in civil or
16criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18    (f) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Article for conduct of the minor respondent in violation
22of this Article if the parents, guardian, or legal custodian
23directed, encouraged, or assisted the respondent minor in the
24conduct.
25    (g) Monetary damages are not recoverable as a remedy.
26    (h) If the stalking no contact order prohibits the

 

 

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1respondent from possessing a Firearm Owner's Identification
2Card, or possessing or buying firearms; the court shall
3confiscate the respondent's Firearm Owner's Identification
4Card and immediately return the card to the Department of State
5Police Firearm Owner's Identification Card Office.
 
6    (725 ILCS 5/112A-15)  (from Ch. 38, par. 112A-15)
7    Sec. 112A-15. Mutual orders of protection; correlative
8separate orders. Mutual orders of protection are prohibited.
9Correlative separate orders of protection undermine the
10purposes of this Article and are prohibited. If separate orders
11of protection in a criminal or delinquency case are sought,
12there must be compliance with Section 112A-2. Nothing in this
13Section prohibits a victim party from seeking a civil order of
14protection.
15    If correlative separate orders of protection result after
16being sought in separate criminal or delinquency actions in
17accordance with Section 112A-2, that fact shall not be a
18sufficient basis to deny any remedy to either petitioner or to
19prove that the parties are equally at fault or equally
20endangered.
21(Source: P.A. 87-1186.)
 
22    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
23    Sec. 112A-20. Duration and extension of protective orders.
24    (a) (Blank). Duration of emergency and interim orders.

 

 

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1Unless re-opened or extended or voided by entry of an order of
2greater duration:
3        (1) Emergency orders issued under Section 112A-17
4    shall be effective for not less than 14 nor more than 21
5    days;
6        (2) Interim orders shall be effective for up to 30
7    days.
8    (b) An order Duration of plenary orders. Except as
9otherwise provided in this Section, a plenary order of
10protection shall be valid for a fixed period of time not to
11exceed 2 years. A plenary order of protection entered in
12conjunction with a criminal prosecution shall remain in effect
13as follows:
14        (1) if entered during pre-trial release, until
15    disposition, withdrawal, or dismissal of the underlying
16    charge; if, however, the case is continued as an
17    independent cause of action, the order's duration may be
18    for a fixed period of time not to exceed 2 years;
19        (2) if in effect in conjunction with a bond forfeiture
20    warrant, until final disposition or an additional period of
21    time not exceeding 2 years; no order of protection,
22    however, shall be terminated by a dismissal that is
23    accompanied by the issuance of a bond forfeiture warrant;
24        (3) until 2 years after the expiration of any
25    supervision, conditional discharge, probation, periodic
26    imprisonment, parole, aftercare release, or mandatory

 

 

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1    supervised release for orders of protection and civil no
2    contact orders and for an additional period of time
3    thereafter not exceeding 2 years; or
4        (4) until 2 years after the date set by the court for
5    expiration of any sentence of imprisonment and subsequent
6    parole, aftercare release, or mandatory supervised release
7    for orders of protection and civil no contact orders; and
8    and for an additional period of time thereafter not
9    exceeding 2 years.
10        (5) permanent for a stalking no contact order if a
11    judgment of conviction for stalking is entered.
12    (c) Computation of time. The duration of an order of
13protection shall not be reduced by the duration of any prior
14order of protection.
15    (d) Law enforcement records. When an a plenary order of
16protection expires upon the occurrence of a specified event,
17rather than upon a specified date as provided in subsection
18(b), no expiration date shall be entered in Department of State
19Police records. To remove the plenary order from those records,
20either the petitioner or the respondent party shall request the
21clerk of the court to file a certified copy of an order stating
22that the specified event has occurred or that the plenary order
23has been vacated or modified with the sheriff, and the sheriff
24shall direct that law enforcement records shall be promptly
25corrected in accordance with the filed order.
26    (e) (Blank). Extension of Orders. Any emergency, interim or

 

 

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1plenary order of protection may be extended one or more times,
2as required, provided that the requirements of Section 112A-17,
3112A-18 or 112A-19, as appropriate, are satisfied. If the
4motion for extension is uncontested and petitioner seeks no
5modification of the order, the order may be extended on the
6basis of petitioner's motion or affidavit stating that there
7has been no material change in relevant circumstances since
8entry of the order and stating the reason for the requested
9extension. An extension of a plenary order of protection may be
10granted, upon good cause shown, to remain in effect until the
11order of protection is vacated or modified. Extensions may be
12granted only in open court and not under the provisions of
13Section 112A-17(c), which applies only when the court is
14unavailable at the close of business or on a court holiday.
15    (f) Termination date. Any order of protection which would
16expire on a court holiday shall instead expire at the close of
17the next court business day.
18    (g) Statement of purpose. The practice of dismissing or
19suspending a criminal prosecution in exchange for issuing an
20order of protection undermines the purposes of this Article.
21This Section shall not be construed as encouraging that
22practice.
23(Source: P.A. 98-558, eff. 1-1-14.)
 
24    (725 ILCS 5/112A-21)  (from Ch. 38, par. 112A-21)
25    Sec. 112A-21. Contents of orders.

 

 

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1    (a) Any order of protection shall describe, in reasonable
2detail and not by reference to any other document, the
3following:
4        (1) Each remedy granted by the court, in reasonable
5    detail and not by reference to any other document, so that
6    respondent may clearly understand what he or she must do or
7    refrain from doing. Pre-printed form orders of protection
8    shall include the definitions of the types of abuse, as
9    provided in Section 112A-3. Remedies set forth in
10    pre-printed form orders shall be numbered consistently
11    with and corresponding to the numerical sequence of
12    remedies listed in Section 112A-14 (at least as of the date
13    the form orders are printed).
14        (2) The reason for denial of petitioner's request for
15    any remedy listed in Section 112A-14.
16    (b) An order of protection shall further state the
17following:
18        (1) The name of each petitioner that the court finds is
19    a victim of a charged offense was abused by respondent, and
20    that respondent is a member of the family or household of
21    each such petitioner, and the name of each other person
22    protected by the order and that such person is protected by
23    this Act.
24        (2) For any remedy requested by petitioner on which the
25    court has declined to rule, that that remedy is reserved.
26        (3) The date and time the order of protection was

 

 

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1    issued, whether it is an emergency, interim or plenary
2    order and the duration of the order.
3        (4) (Blank). The date, time and place for any scheduled
4    hearing for extension of that order of protection or for
5    another order of greater duration or scope.
6        (5) (Blank). For each remedy in an emergency order of
7    protection, the reason for entering that remedy without
8    prior notice to respondent or greater notice than was
9    actually given.
10        (6) (Blank). For emergency and interim orders of
11    protection, that respondent may petition the court, in
12    accordance with Section 112A-24, to re-open that order if
13    he or she did not receive actual prior notice of the
14    hearing, in accordance with Section 112A-11, and alleges
15    that he or she had a meritorious defense to the order or
16    that the order or any of its remedies was not authorized by
17    this Article.
18    (c) Any order of protection shall include the following
19notice, printed in conspicuous type:
20        "Any knowing violation of an order of protection
21    forbidding physical abuse, harassment, intimidation,
22    interference with personal liberty, willful deprivation,
23    or entering or remaining present at specified places when
24    the protected person is present, or granting exclusive
25    possession of the residence or household, or granting a
26    stay away order is a Class A misdemeanor. Grant of

 

 

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1    exclusive possession of the residence or household shall
2    constitute notice forbidding trespass to land. Any knowing
3    violation of an order awarding legal custody or physical
4    care of a child or prohibiting removal or concealment of a
5    child may be a Class 4 felony. Any willful violation of any
6    order is contempt of court. Any violation may result in
7    fine or imprisonment."
8    (d) (Blank). An emergency order of protection shall state,
9"This Order of Protection is enforceable, even without
10registration, in all 50 states, the District of Columbia,
11tribal lands, and the U.S. territories pursuant to the Violence
12Against Women Act (18 U.S.C. 2265). Violating this Order of
13Protection may subject the respondent to federal charges and
14punishment (18 U.S.C. 2261-2262)."
15    (e) (Blank). An interim or plenary order of protection
16shall state, "This Order of Protection is enforceable, even
17without registration, in all 50 states, the District of
18Columbia, tribal lands, and the U.S. territories pursuant to
19the Violence Against Women Act (18 U.S.C. 2265). Violating this
20Order of Protection may subject the respondent to federal
21charges and punishment (18 U.S.C. 2261-2262). The respondent
22may be subject to federal criminal penalties for possessing,
23transporting, shipping, or receiving any firearm or ammunition
24under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
25(Source: P.A. 93-944, eff. 1-1-05.)
 

 

 

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1    (725 ILCS 5/112A-21.5 new)
2    Sec. 112A-21.5. Contents of civil no contact orders.
3    (a) Any civil no contact order shall describe each remedy
4granted by the court, in reasonable detail and not by reference
5to any other document, so that the respondent may clearly
6understand what he or she must do or refrain from doing.
7    (b) A civil no contact order shall further state the
8following:
9        (1) The name of each petitioner that the court finds is
10    a victim of a charged offense and the name of each other
11    person protected by the civil no contact order.
12        (2) The date and time the civil no contact order was
13    issued.
14    (c) A civil no contact order shall include the following
15notice, printed in conspicuous type:
16        "Any knowing violation of a civil no contact order is a
17    Class A misdemeanor. Any second or subsequent violation is
18    a Class 4 felony."
19    (d) A civil no contact order shall state:
20        "This Civil No Contact Order is enforceable, even
21    without registration, in all 50 states, the District of
22    Columbia, tribal lands, and the U.S. territories under the
23    Violence Against Women Act (18 U.S.C. 2265)."
 
24    (725 ILCS 5/112A-21.7 new)
25    Sec. 112A-21.7. Contents of stalking no contact orders.

 

 

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1    (a) Any stalking no contact order shall describe each
2remedy granted by the court, in reasonable detail and not by
3reference to any other document, so that the respondent may
4clearly understand what he or she must do or refrain from
5doing.
6    (b) A stalking no contact order shall further state the
7following:
8        (1) The name of each petitioner that the court finds
9    was the victim of stalking by the respondent.
10        (2) The date and time the stalking no contact order was
11    issued.
12    (c) A stalking no contact order shall include the following
13notice, printed in conspicuous type:
14        "An initial knowing violation of a stalking no contact
15    order is a Class A misdemeanor. Any second or subsequent
16    knowing violation is a Class 4 felony."
 
17    (725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
18    Sec. 112A-22. Notice of orders.
19    (a) Entry and issuance. Upon issuance of any order of
20protection, the clerk shall immediately, or on the next court
21day if an emergency order is issued in accordance with
22subsection (c) of Section 112A-17, (i) enter the order on the
23record and file it in accordance with the circuit court
24procedures and (ii) provide a file stamped copy of the order to
25respondent, if present, and to petitioner, if present. If the

 

 

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1victim is not present the State's Attorney shall (i) as soon as
2practicable notify the petitioner the order has been entered
3and (ii) provide a file stamped copy of the order to the
4petitioner within 3 days.
5    (b) Filing with sheriff. The clerk of the issuing judge
6shall, or the petitioner may, on the same day that a protective
7order an order of protection is issued, file a copy of that
8order with the sheriff or other law enforcement officials
9charged with maintaining Department of State Police records. or
10charged with serving the order upon respondent. If the order
11was issued in accordance with subsection (c) of Section
12112A-17, the clerk shall on the next court day, file a
13certified copy of the order with the Sheriff or other law
14enforcement officials charged with maintaining Department of
15State Police records. If the respondent, at the time of the
16issuance of the order, is committed to the custody of the
17Illinois Department of Corrections or Illinois Department of
18Juvenile Justice or is on parole, aftercare release, or
19mandatory supervised release, the sheriff or other law
20enforcement officials charged with maintaining Department of
21State Police records shall notify the Department of Corrections
22or Department of Juvenile Justice within 48 hours of receipt of
23a copy of the order of protection from the clerk of the issuing
24judge or the petitioner. Such notice shall include the name of
25the respondent, the respondent's IDOC inmate number or IDJJ
26youth identification number, the respondent's date of birth,

 

 

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1and the LEADS Record Index Number.
2    (c) (Blank). Service by sheriff. Unless respondent was
3present in court when the order was issued, the sheriff, other
4law enforcement official or special process server shall
5promptly serve that order upon respondent and file proof of
6such service, in the manner provided for service of process in
7civil proceedings. Instead of serving the order upon the
8respondent, however, the sheriff, other law enforcement
9official, special process server, or other persons defined in
10Section 112A-22.10 may serve the respondent with a short form
11notification as provided in Section 112A-22.10. If process has
12not yet been served upon the respondent, it shall be served
13with the order or short form notification if such service is
14made by the sheriff, other law enforcement official, or special
15process server.
16    (c-5) (Blank). If the person against whom the order of
17protection is issued is arrested and the written order is
18issued in accordance with subsection (c) of Section 112A-17 and
19received by the custodial law enforcement agency before the
20respondent or arrestee is released from custody, the custodial
21law enforcement agent shall promptly serve the order upon the
22respondent or arrestee before the respondent or arrestee is
23released from custody. In no event shall detention of the
24respondent or arrestee be extended for hearing on the petition
25for order of protection or receipt of the order issued under
26Section 112A-17 of this Code.

 

 

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1    (d) (Blank). Extensions, modifications and revocations.
2Any order extending, modifying or revoking any order of
3protection shall be promptly recorded, issued and served as
4provided in this Section.
5    (e) Notice to health care facilities and health care
6practitioners. Upon the request of the petitioner, the clerk of
7the circuit court shall send a certified copy of the protective
8order of protection to any specified health care facility or
9health care practitioner requested by the petitioner at the
10mailing address provided by the petitioner.
11    (f) Disclosure by health care facilities and health care
12practitioners. After receiving a certified copy of a protective
13order an order of protection that prohibits a respondent's
14access to records, no health care facility or health care
15practitioner shall allow a respondent access to the records of
16any child who is a protected person under the protective order
17of protection, or release information in those records to the
18respondent, unless the order has expired or the respondent
19shows a certified copy of the court order vacating the
20corresponding protective order of protection that was sent to
21the health care facility or practitioner. Nothing in this
22Section shall be construed to require health care facilities or
23health care practitioners to alter procedures related to
24billing and payment. The health care facility or health care
25practitioner may file the copy of the protective order of
26protection in the records of a child who is a protected person

 

 

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1under the protective order of protection, or may employ any
2other method to identify the records to which a respondent is
3prohibited access. No health care facility or health care
4practitioner shall be civilly or professionally liable for
5reliance on a copy of a protective order an order of
6protection, except for willful and wanton misconduct.
7    (g) Notice to schools. Upon the request of the petitioner,
8within 24 hours of the issuance of a protective order an order
9of protection, the clerk of the issuing judge shall send a
10certified copy of the protective order of protection to the
11day-care facility, pre-school or pre-kindergarten, or private
12school or the principal office of the public school district or
13any college or university in which any child who is a protected
14person under the protective order of protection or any child of
15the petitioner is enrolled as requested by the petitioner at
16the mailing address provided by the petitioner. If the child
17transfers enrollment to another day-care facility, pre-school,
18pre-kindergarten, private school, public school, college, or
19university, the petitioner may, within 24 hours of the
20transfer, send to the clerk written notice of the transfer,
21including the name and address of the institution to which the
22child is transferring. Within 24 hours of receipt of notice
23from the petitioner that a child is transferring to another
24day-care facility, pre-school, pre-kindergarten, private
25school, public school, college, or university, the clerk shall
26send a certified copy of the order to the institution to which

 

 

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1the child is transferring.
2    (h) Disclosure by schools. After receiving a certified copy
3of a protective order an order of protection that prohibits a
4respondent's access to records, neither a day-care facility,
5pre-school, pre-kindergarten, public or private school,
6college, or university nor its employees shall allow a
7respondent access to a protected child's records or release
8information in those records to the respondent. The school
9shall file the copy of the protective order of protection in
10the records of a child who is a protected person under the
11order of protection. When a child who is a protected person
12under the protective order of protection transfers to another
13day-care facility, pre-school, pre-kindergarten, public or
14private school, college, or university, the institution from
15which the child is transferring may, at the request of the
16petitioner, provide, within 24 hours of the transfer, written
17notice of the protective order of protection, along with a
18certified copy of the order, to the institution to which the
19child is transferring.
20(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
21eff. 1-1-14.)
 
22    (725 ILCS 5/112A-22.3 new)
23    Sec. 112A-22.3. Withdrawal or dismissal of charges or
24petition.
25    (a) Voluntary dismissal or withdrawal of any delinquency

 

 

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1petition or criminal prosecution or a finding of not guilty
2shall not require dismissal or vacation of the protective
3order; instead, at the request of the petitioner, in the
4discretion of the State's Attorney, or on the court's motion,
5it may be treated as an independent action and, if necessary
6and appropriate, transferred to a different court or division.
7Dismissal of any delinquency petition or criminal prosecution
8shall not affect the validity of any previously issued
9protective order.
10    (b) The practice of dismissing or suspending a criminal
11prosecution in exchange for issuing a protective order
12undermines the purposes of this Article. This Section shall not
13be construed as encouraging that practice.
14    (c) Withdrawal or dismissal of any petition for a
15protective order shall operate as a dismissal without
16prejudice.
 
17    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
18    Sec. 112A-23. Enforcement of protective orders of
19protection.
20    (a) When violation is crime. A violation of any order of
21protection, whether issued in a civil, quasi-criminal
22proceeding, shall be enforced by a criminal court when:
23        (1) The respondent commits the crime of violation of an
24    order of protection pursuant to Section 12-3.4 or 12-30 of
25    the Criminal Code of 1961 or the Criminal Code of 2012, by

 

 

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1    having knowingly violated:
2            (i) remedies described in paragraphs (1), (2),
3        (3), (14), or (14.5) of subsection (b) of Section
4        112A-14,
5            (ii) a remedy, which is substantially similar to
6        the remedies authorized under paragraphs (1), (2),
7        (3), (14) or (14.5) of subsection (b) of Section 214 of
8        the Illinois Domestic Violence Act of 1986, in a valid
9        order of protection, which is authorized under the laws
10        of another state, tribe or United States territory,
11            (iii) or any other remedy when the act constitutes
12        a crime against the protected parties as defined by the
13        Criminal Code of 1961 or the Criminal Code of 2012.
14        Prosecution for a violation of an order of protection
15    shall not bar concurrent prosecution for any other crime,
16    including any crime that may have been committed at the
17    time of the violation of the order of protection; or
18        (2) The respondent commits the crime of child abduction
19    pursuant to Section 10-5 of the Criminal Code of 1961 or
20    the Criminal Code of 2012, by having knowingly violated:
21            (i) remedies described in paragraphs (5), (6) or
22        (8) of subsection (b) of Section 112A-14, or
23            (ii) a remedy, which is substantially similar to
24        the remedies authorized under paragraphs (1), (5),
25        (6), or (8) of subsection (b) of Section 214 of the
26        Illinois Domestic Violence Act of 1986, in a valid

 

 

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1        order of protection, which is authorized under the laws
2        of another state, tribe or United States territory.
3        (3) The respondent commits the crime of violation of a
4    civil no contact order when the respondent violates Section
5    12-3.8 of the Criminal Code of 2012. Prosecution for a
6    violation of a civil no contact order shall not bar
7    concurrent prosecution for any other crime, including any
8    crime that may have been committed at the time of the
9    violation of the civil no contact order.
10        (4) The respondent commits the crime of violation of a
11    stalking no contact order when the respondent violates
12    Section 12-3.9 of the Criminal Code of 2012. Prosecution
13    for a violation of a stalking no contact order shall not
14    bar concurrent prosecution for any other crime, including
15    any crime that may have been committed at the time of the
16    violation of the stalking no contact order.
17    (b) When violation is contempt of court. A violation of any
18valid protective order of protection, whether issued in a civil
19or criminal proceeding, may be enforced through civil or
20criminal contempt procedures, as appropriate, by any court with
21jurisdiction, regardless where the act or acts which violated
22the protective order of protection were committed, to the
23extent consistent with the venue provisions of this Article.
24Nothing in this Article shall preclude any Illinois court from
25enforcing any valid protective order of protection issued in
26another state. Illinois courts may enforce protective orders of

 

 

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1protection through both criminal prosecution and contempt
2proceedings, unless the action which is second in time is
3barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5        (1) In a contempt proceeding where the petition for a
6    rule to show cause sets forth facts evidencing an immediate
7    danger that the respondent will flee the jurisdiction,
8    conceal a child, or inflict physical abuse on the
9    petitioner or minor children or on dependent adults in
10    petitioner's care, the court may order the attachment of
11    the respondent without prior service of the rule to show
12    cause or the petition for a rule to show cause. Bond shall
13    be set unless specifically denied in writing.
14        (2) A petition for a rule to show cause for violation
15    of a protective order an order of protection shall be
16    treated as an expedited proceeding.
17    (c) Violation of custody, allocation of parental
18responsibility, or support orders. A violation of remedies
19described in paragraphs (5), (6), (8), or (9) of subsection (b)
20of Section 112A-14 may be enforced by any remedy provided by
21Section 607.5 of the Illinois Marriage and Dissolution of
22Marriage Act. The court may enforce any order for support
23issued under paragraph (12) of subsection (b) of Section
24112A-14 in the manner provided for under Parts V and VII of the
25Illinois Marriage and Dissolution of Marriage Act.
26    (d) Actual knowledge. A protective order An order of

 

 

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1protection may be enforced pursuant to this Section if the
2respondent violates the order after respondent has actual
3knowledge of its contents as shown through one of the following
4means:
5        (1) By service, delivery, or notice under this Article
6    Section 112A-10.
7        (2) By notice under this Article Section 112A-11.
8        (3) By service of an order of protection under Section
9    112A-22.
10        (4) By other means demonstrating actual knowledge of
11    the contents of the order.
12    (e) The enforcement of an order of protection in civil or
13criminal court shall not be affected by either of the
14following:
15        (1) The existence of a separate, correlative order
16    entered under Section 112A-15.
17        (2) Any finding or order entered in a conjoined
18    criminal proceeding.
19    (f) Circumstances. The court, when determining whether or
20not a violation of a protective order an order of protection
21has occurred, shall not require physical manifestations of
22abuse on the person of the victim.
23    (g) Penalties.
24        (1) Except as provided in paragraph (3) of this
25    subsection, where the court finds the commission of a crime
26    or contempt of court under subsections (a) or (b) of this

 

 

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1    Section, the penalty shall be the penalty that generally
2    applies in such criminal or contempt proceedings, and may
3    include one or more of the following: incarceration,
4    payment of restitution, a fine, payment of attorneys' fees
5    and costs, or community service.
6        (2) The court shall hear and take into account evidence
7    of any factors in aggravation or mitigation before deciding
8    an appropriate penalty under paragraph (1) of this
9    subsection.
10        (3) To the extent permitted by law, the court is
11    encouraged to:
12            (i) increase the penalty for the knowing violation
13        of any protective order of protection over any penalty
14        previously imposed by any court for respondent's
15        violation of any protective order of protection or
16        penal statute involving petitioner as victim and
17        respondent as defendant;
18            (ii) impose a minimum penalty of 24 hours
19        imprisonment for respondent's first violation of any
20        protective order of protection; and
21            (iii) impose a minimum penalty of 48 hours
22        imprisonment for respondent's second or subsequent
23        violation of a protective order an order of protection
24    unless the court explicitly finds that an increased penalty
25    or that period of imprisonment would be manifestly unjust.
26        (4) In addition to any other penalties imposed for a

 

 

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1    violation of a protective order an order of protection, a
2    criminal court may consider evidence of any violations of a
3    protective order an order of protection:
4            (i) to increase, revoke or modify the bail bond on
5        an underlying criminal charge pursuant to Section
6        110-6;
7            (ii) to revoke or modify an order of probation,
8        conditional discharge or supervision, pursuant to
9        Section 5-6-4 of the Unified Code of Corrections;
10            (iii) to revoke or modify a sentence of periodic
11        imprisonment, pursuant to Section 5-7-2 of the Unified
12        Code of Corrections.
13(Source: P.A. 99-90, eff. 1-1-16.)
 
14    (725 ILCS 5/112A-24)  (from Ch. 38, par. 112A-24)
15    Sec. 112A-24. Modification and re-opening of orders.
16    (a) Except as otherwise provided in this Section, upon
17motion by petitioner or the State's Attorney on behalf of the
18petitioner, the court may modify an protective emergency,
19interim, or plenary order of protection:
20        (1) If respondent has abused petitioner since the
21    hearing for that order, by adding or altering one or more
22    remedies, as authorized by Section 112A-14, 112A-14.5, or
23    112A-14.7 of this Article; and
24        (2) Otherwise, by adding any remedy authorized by
25    Section 112A-14 which was:

 

 

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1            (i) reserved in that protective order of
2        protection;
3            (ii) not requested for inclusion in that
4        protective order of protection; or
5            (iii) denied on procedural grounds, but not on the
6        merits.
7    (b) Upon motion by petitioner, State's Attorney, or
8respondent, the court may modify any prior order of
9protection's remedy for custody, visitation or payment of
10support in accordance with the relevant provisions of the
11Illinois Marriage and Dissolution of Marriage Act.
12    (c) After 30 days following the entry of a protective
13plenary order of protection, a court may modify that order only
14when changes in the applicable law or facts since that plenary
15order was entered warrant a modification of its terms.
16    (d) (Blank). Upon 2 days notice to petitioner, in
17accordance with Section 112A-11, or such shorter notice as the
18court may prescribe, a respondent subject to an emergency or
19interim order of protection issued under this Article may
20appear and petition the court to re-hear the original or
21amended petition. Any petition to re-hear shall be verified and
22shall allege the following:
23        (1) that respondent did not receive prior notice of the
24    initial hearing in which the emergency or interim order was
25    entered, in accordance with Sections 112A-11 and 112A-17;
26    and

 

 

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1        (2) that respondent had a meritorious defense to the
2    order or any of its remedies or that the order or any of
3    its remedies was not authorized under this Article.
4    (e) (Blank). If the emergency or interim order granted
5petitioner exclusive possession of the residence and the
6petition of respondent seeks to re-open or vacate that grant,
7the court shall set a date for hearing within 14 days on all
8issues relating to exclusive possession. Under no
9circumstances shall a court continue a hearing concerning
10exclusive possession beyond the 14th day except by agreement of
11the parties. Other issues raised by the pleadings may be
12consolidated for the hearing if neither party nor the court
13objects.
14    (f) (Blank). This Section does not limit the means,
15otherwise available by law, for vacating or modifying orders of
16protection.
17(Source: P.A. 87-1186.)
 
18    (725 ILCS 5/112A-25)  (from Ch. 38, par. 112A-25)
19    Sec. 112A-25. Immunity from Prosecution. Any individual or
20organization acting in good faith to report the abuse of any
21person 60 years of age or older or to do any of the following in
22complying with the provisions of this Article shall not be
23subject to criminal prosecution or civil liability as a result
24of such action: providing any information to the appropriate
25law enforcement agency, providing that the giving of any

 

 

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1information does not violate any privilege of confidentiality
2under law; assisting in any investigation; assisting in the
3preparation of any materials for distribution under this
4Article; or by providing services ordered under a protective
5order an order of protection.
6(Source: P.A. 84-1305 incorporating 84-1232; 84-1438.)
 
7    (725 ILCS 5/112A-26)  (from Ch. 38, par. 112A-26)
8    Sec. 112A-26. Arrest without warrant.
9    (a) Any law enforcement officer may make an arrest without
10warrant if the officer has probable cause to believe that the
11person has committed or is committing any crime, including but
12not limited to violation of an order of protection, under
13Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
14Criminal Code of 2012, violation of a civil no contact order,
15under Section 11-1.75 of the Criminal Code of 2012, or
16violation of a stalking no contact order, under Section 12-7.5A
17of the Criminal Code of 2012, even if the crime was not
18committed in the presence of the officer.
19    (b) The law enforcement officer may verify the existence of
20an order of protection by telephone or radio communication with
21his or her law enforcement agency or by referring to the copy
22of the order provided by petitioner or respondent.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
24    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)

 

 

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1    Sec. 112A-28. Data maintenance by law enforcement
2agencies.
3    (a) All sheriffs shall furnish to the Department of State
4Police, daily, in the form and detail the Department requires,
5copies of any recorded protective orders of protection issued
6by the court, and any foreign orders of protection filed by the
7clerk of the court, and transmitted to the sheriff by the clerk
8of the court pursuant to subsection (b) of Section 112A-22 of
9this Act. Each protective order of protection shall be entered
10in the Law Enforcement Agencies Data System on the same day it
11is issued by the court. If an emergency order of protection was
12issued in accordance with subsection (c) of Section 112A-17,
13the order shall be entered in the Law Enforcement Agencies Data
14System as soon as possible after receipt from the clerk.
15    (b) The Department of State Police shall maintain a
16complete and systematic record and index of all valid and
17recorded protective orders of protection issued or filed under
18pursuant to this Act. The data shall be used to inform all
19dispatchers and law enforcement officers at the scene of an
20alleged incident of abuse or violation of a protective order an
21order of protection of any recorded prior incident of abuse
22involving the abused party and the effective dates and terms of
23any recorded protective order of protection.
24    (c) The data, records and transmittals required under this
25Section shall pertain to any valid emergency, interim or
26plenary order of protection, whether issued in a civil or

 

 

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1criminal proceeding or authorized under the laws of another
2state, tribe, or United States territory.
3(Source: P.A. 95-331, eff. 8-21-07.)
 
4    (725 ILCS 5/112A-30)  (from Ch. 38, par. 112A-30)
5    Sec. 112A-30. Assistance by law enforcement officers.
6    (a) Whenever a law enforcement officer has reason to
7believe that a person has been abused by a family or household
8member, the officer shall immediately use all reasonable means
9to prevent further abuse, including:
10        (1) Arresting the abusing party, where appropriate;
11        (2) If there is probable cause to believe that
12    particular weapons were used to commit the incident of
13    abuse, subject to constitutional limitations, seizing and
14    taking inventory of the weapons;
15        (3) Accompanying the victim of abuse to his or her
16    place of residence for a reasonable period of time to
17    remove necessary personal belongings and possessions;
18        (4) Offering the victim of abuse immediate and adequate
19    information (written in a language appropriate for the
20    victim or in Braille or communicated in appropriate sign
21    language), which shall include a summary of the procedures
22    and relief available to victims of abuse under this Article
23    subsection (c) of Section 112A-17 and the officer's name
24    and badge number;
25        (5) Providing the victim with one referral to an

 

 

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1    accessible service agency;
2        (6) Advising the victim of abuse about seeking medical
3    attention and preserving evidence (specifically including
4    photographs of injury or damage and damaged clothing or
5    other property); and
6        (7) Providing or arranging accessible transportation
7    for the victim of abuse (and, at the victim's request, any
8    minors or dependents in the victim's care) to a medical
9    facility for treatment of injuries or to a nearby place of
10    shelter or safety; or, after the close of court business
11    hours, providing or arranging for transportation for the
12    victim (and, at the victim's request, any minors or
13    dependents in the victim's care) to the nearest available
14    circuit judge or associate judge so the victim may file a
15    petition for an emergency order of protection under
16    subsection (c) of Section 112A-17. When a victim of abuse
17    chooses to leave the scene of the offense, it shall be
18    presumed that it is in the best interests of any minors or
19    dependents in the victim's care to remain with the victim
20    or a person designated by the victim, rather than to remain
21    with the abusing party.
22    (b) Whenever a law enforcement officer does not exercise
23arrest powers or otherwise initiate criminal proceedings, the
24officer shall:
25        (1) Make a police report of the investigation of any
26    bona fide allegation of an incident of abuse and the

 

 

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1    disposition of the investigation, in accordance with
2    subsection (a) of Section 112A-29;
3        (2) Inform the victim of abuse of the victim's right to
4    request that a criminal proceeding be initiated where
5    appropriate, including specific times and places for
6    meeting with the State's Attorney's office, a warrant
7    officer, or other official in accordance with local
8    procedure; and
9        (3) Advise the victim of the importance of seeking
10    medical attention and preserving evidence (specifically
11    including photographs of injury or damage and damaged
12    clothing or other property).
13    (c) Except as provided by Section 24-6 of the Criminal Code
14of 2012 or under a court order, any weapon seized under
15subsection (a)(2) shall be returned forthwith to the person
16from whom it was seized when it is no longer needed for
17evidentiary purposes.
18(Source: P.A. 97-1150, eff. 1-25-13.)
 
19    (725 ILCS 5/112A-1 rep.)
20    (725 ILCS 5/112A-2 rep.)
21    (725 ILCS 5/112A-7 rep.)
22    (725 ILCS 5/112A-10 rep.)
23    (725 ILCS 5/112A-11 rep.)
24    (725 ILCS 5/112A-13 rep.)
25    (725 ILCS 5/112A-17 rep.)

 

 

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1    (725 ILCS 5/112A-18 rep.)
2    (725 ILCS 5/112A-19 rep.)
3    (725 ILCS 5/112A-22.5 rep.)
4    (725 ILCS 5/112A-22.10 rep.)
5    Section 10. The Code of Criminal Procedure of 1963 is
6amended by repealing Sections 112A-1, 112A-2, 112A-7, 112A-10,
7112A-11, 112A-13, 112A-17, 112A-18, 112A-19, 112A-22.5, and
8112A-22.10.
 
9    Section 15. The Rights of Crime Victims and Witnesses Act
10is amended by changing Section 4.5 as follows:
 
11    (725 ILCS 120/4.5)
12    Sec. 4.5. Procedures to implement the rights of crime
13victims. To afford crime victims their rights, law enforcement,
14prosecutors, judges and corrections will provide information,
15as appropriate of the following procedures:
16    (a) At the request of the crime victim, law enforcement
17authorities investigating the case shall provide notice of the
18status of the investigation, except where the State's Attorney
19determines that disclosure of such information would
20unreasonably interfere with the investigation, until such time
21as the alleged assailant is apprehended or the investigation is
22closed.
23    (a-5) When law enforcement authorities re-open a closed
24case to resume investigating, they shall provide notice of the

 

 

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1re-opening of the case, except where the State's Attorney
2determines that disclosure of such information would
3unreasonably interfere with the investigation.
4    (b) The office of the State's Attorney:
5        (1) shall provide notice of the filing of an
6    information, the return of an indictment, or the filing of
7    a petition to adjudicate a minor as a delinquent for a
8    violent crime;
9        (2) shall provide timely notice of the date, time, and
10    place of court proceedings; of any change in the date,
11    time, and place of court proceedings; and of any
12    cancellation of court proceedings. Notice shall be
13    provided in sufficient time, wherever possible, for the
14    victim to make arrangements to attend or to prevent an
15    unnecessary appearance at court proceedings;
16        (3) or victim advocate personnel shall provide
17    information of social services and financial assistance
18    available for victims of crime, including information of
19    how to apply for these services and assistance;
20        (3.5) or victim advocate personnel shall provide
21    information about available victim services, including
22    referrals to programs, counselors, and agencies that
23    assist a victim to deal with trauma, loss, and grief;
24        (4) shall assist in having any stolen or other personal
25    property held by law enforcement authorities for
26    evidentiary or other purposes returned as expeditiously as

 

 

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1    possible, pursuant to the procedures set out in Section
2    115-9 of the Code of Criminal Procedure of 1963;
3        (5) or victim advocate personnel shall provide
4    appropriate employer intercession services to ensure that
5    employers of victims will cooperate with the criminal
6    justice system in order to minimize an employee's loss of
7    pay and other benefits resulting from court appearances;
8        (6) shall provide, whenever possible, a secure waiting
9    area during court proceedings that does not require victims
10    to be in close proximity to defendants or juveniles accused
11    of a violent crime, and their families and friends;
12        (7) shall provide notice to the crime victim of the
13    right to have a translator present at all court proceedings
14    and, in compliance with the federal Americans with
15    Disabilities Act of 1990, the right to communications
16    access through a sign language interpreter or by other
17    means;
18        (8) (blank);
19        (8.5) shall inform the victim of the right to be
20    present at all court proceedings, unless the victim is to
21    testify and the court determines that the victim's
22    testimony would be materially affected if the victim hears
23    other testimony at trial;
24        (9) shall inform the victim of the right to have
25    present at all court proceedings, subject to the rules of
26    evidence and confidentiality, an advocate and other

 

 

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1    support person of the victim's choice;
2        (9.3) shall inform the victim of the right to retain an
3    attorney, at the victim's own expense, who, upon written
4    notice filed with the clerk of the court and State's
5    Attorney, is to receive copies of all notices, motions and
6    court orders filed thereafter in the case, in the same
7    manner as if the victim were a named party in the case;
8        (9.5) shall inform the victim of (A) the victim's right
9    under Section 6 of this Act to make a victim impact
10    statement at the sentencing hearing; (B) the right of the
11    victim's spouse, guardian, parent, grandparent and other
12    immediate family and household members under Section 6 of
13    this Act to present an impact statement at sentencing; and
14    (C) if a presentence report is to be prepared, the right of
15    the victim's spouse, guardian, parent, grandparent and
16    other immediate family and household members to submit
17    information to the preparer of the presentence report about
18    the effect the offense has had on the victim and the
19    person;
20        (10) at the sentencing shall make a good faith attempt
21    to explain the minimum amount of time during which the
22    defendant may actually be physically imprisoned. The
23    Office of the State's Attorney shall further notify the
24    crime victim of the right to request from the Prisoner
25    Review Board or Department of Juvenile Justice information
26    concerning the release of the defendant;

 

 

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1        (11) shall request restitution at sentencing and as
2    part of a plea agreement if the victim requests
3    restitution;
4        (12) shall, upon the court entering a verdict of not
5    guilty by reason of insanity, inform the victim of the
6    notification services available from the Department of
7    Human Services, including the statewide telephone number,
8    under subparagraph (d)(2) of this Section;
9        (13) shall provide notice within a reasonable time
10    after receipt of notice from the custodian, of the release
11    of the defendant on bail or personal recognizance or the
12    release from detention of a minor who has been detained;
13        (14) shall explain in nontechnical language the
14    details of any plea or verdict of a defendant, or any
15    adjudication of a juvenile as a delinquent;
16        (15) shall make all reasonable efforts to consult with
17    the crime victim before the Office of the State's Attorney
18    makes an offer of a plea bargain to the defendant or enters
19    into negotiations with the defendant concerning a possible
20    plea agreement, and shall consider the written victim
21    impact statement, if prepared prior to entering into a plea
22    agreement. The right to consult with the prosecutor does
23    not include the right to veto a plea agreement or to insist
24    the case go to trial. If the State's Attorney has not
25    consulted with the victim prior to making an offer or
26    entering into plea negotiations with the defendant, the

 

 

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1    Office of the State's Attorney shall notify the victim of
2    the offer or the negotiations within 2 business days and
3    confer with the victim;
4        (16) shall provide notice of the ultimate disposition
5    of the cases arising from an indictment or an information,
6    or a petition to have a juvenile adjudicated as a
7    delinquent for a violent crime;
8        (17) shall provide notice of any appeal taken by the
9    defendant and information on how to contact the appropriate
10    agency handling the appeal, and how to request notice of
11    any hearing, oral argument, or decision of an appellate
12    court;
13        (18) shall provide timely notice of any request for
14    post-conviction review filed by the defendant under
15    Article 122 of the Code of Criminal Procedure of 1963, and
16    of the date, time and place of any hearing concerning the
17    petition. Whenever possible, notice of the hearing shall be
18    given within 48 hours of the court's scheduling of the
19    hearing; and
20        (19) shall forward a copy of any statement presented
21    under Section 6 to the Prisoner Review Board or Department
22    of Juvenile Justice to be considered in making a
23    determination under Section 3-2.5-85 or subsection (b) of
24    Section 3-3-8 of the Unified Code of Corrections.
25    (c) The court shall ensure that the rights of the victim
26are afforded.

 

 

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1    (c-5) The following procedures shall be followed to afford
2victims the rights guaranteed by Article I, Section 8.1 of the
3Illinois Constitution:
4        (1) Written notice. A victim may complete a written
5    notice of intent to assert rights on a form prepared by the
6    Office of the Attorney General and provided to the victim
7    by the State's Attorney. The victim may at any time provide
8    a revised written notice to the State's Attorney. The
9    State's Attorney shall file the written notice with the
10    court. At the beginning of any court proceeding in which
11    the right of a victim may be at issue, the court and
12    prosecutor shall review the written notice to determine
13    whether the victim has asserted the right that may be at
14    issue.
15        (2) Victim's retained attorney. A victim's attorney
16    shall file an entry of appearance limited to assertion of
17    the victim's rights. Upon the filing of the entry of
18    appearance and service on the State's Attorney and the
19    defendant, the attorney is to receive copies of all
20    notices, motions and court orders filed thereafter in the
21    case.
22        (3) Standing. The victim has standing to assert the
23    rights enumerated in subsection (a) of Article I, Section
24    8.1 of the Illinois Constitution and the statutory rights
25    under Section 4 of this Act in any court exercising
26    jurisdiction over the criminal case. The prosecuting

 

 

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1    attorney, a victim, or the victim's retained attorney may
2    assert the victim's rights. The defendant in the criminal
3    case has no standing to assert a right of the victim in any
4    court proceeding, including on appeal.
5        (4) Assertion of and enforcement of rights.
6            (A) The prosecuting attorney shall assert a
7        victim's right or request enforcement of a right by
8        filing a motion or by orally asserting the right or
9        requesting enforcement in open court in the criminal
10        case outside the presence of the jury. The prosecuting
11        attorney shall consult with the victim and the victim's
12        attorney regarding the assertion or enforcement of a
13        right. If the prosecuting attorney decides not to
14        assert or enforce a victim's right, the prosecuting
15        attorney shall notify the victim or the victim's
16        attorney in sufficient time to allow the victim or the
17        victim's attorney to assert the right or to seek
18        enforcement of a right.
19            (B) If the prosecuting attorney elects not to
20        assert a victim's right or to seek enforcement of a
21        right, the victim or the victim's attorney may assert
22        the victim's right or request enforcement of a right by
23        filing a motion or by orally asserting the right or
24        requesting enforcement in open court in the criminal
25        case outside the presence of the jury.
26            (C) If the prosecuting attorney asserts a victim's

 

 

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1        right or seeks enforcement of a right, and the court
2        denies the assertion of the right or denies the request
3        for enforcement of a right, the victim or victim's
4        attorney may file a motion to assert the victim's right
5        or to request enforcement of the right within 10 days
6        of the court's ruling. The motion need not demonstrate
7        the grounds for a motion for reconsideration. The court
8        shall rule on the merits of the motion.
9            (D) The court shall take up and decide any motion
10        or request asserting or seeking enforcement of a
11        victim's right without delay, unless a specific time
12        period is specified by law or court rule. The reasons
13        for any decision denying the motion or request shall be
14        clearly stated on the record.
15        (5) Violation of rights and remedies.
16            (A) If the court determines that a victim's right
17        has been violated, the court shall determine the
18        appropriate remedy for the violation of the victim's
19        right by hearing from the victim and the parties,
20        considering all factors relevant to the issue, and then
21        awarding appropriate relief to the victim.
22            (B) The appropriate remedy shall include only
23        actions necessary to provide the victim the right to
24        which the victim was entitled and may include reopening
25        previously held proceedings; however, in no event
26        shall the court vacate a conviction. Any remedy shall

 

 

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1        be tailored to provide the victim an appropriate remedy
2        without violating any constitutional right of the
3        defendant. In no event shall the appropriate remedy be
4        a new trial, damages, or costs.
5        (6) Right to be heard. Whenever a victim has the right
6    to be heard, the court shall allow the victim to exercise
7    the right in any reasonable manner the victim chooses.
8        (7) Right to attend trial. A party must file a written
9    motion to exclude a victim from trial at least 60 days
10    prior to the date set for trial. The motion must state with
11    specificity the reason exclusion is necessary to protect a
12    constitutional right of the party, and must contain an
13    offer of proof. The court shall rule on the motion within
14    30 days. If the motion is granted, the court shall set
15    forth on the record the facts that support its finding that
16    the victim's testimony will be materially affected if the
17    victim hears other testimony at trial.
18        (8) Right to have advocate present. A party who intends
19    to call an advocate as a witness must seek permission of
20    the court before the subpoena is issued. The party must
21    file a written motion and offer of proof regarding the
22    anticipated testimony of the advocate in sufficient time to
23    allow the court to rule and the victim to seek appellate
24    review. The court shall rule on the motion without delay.
25        (9) Right to notice and hearing before disclosure of
26    confidential or privileged information or records. A

 

 

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1    defendant who seeks to subpoena records of or concerning
2    the victim that are confidential or privileged by law must
3    seek permission of the court before the subpoena is issued.
4    The defendant must file a written motion and an offer of
5    proof regarding the relevance, admissibility and
6    materiality of the records. If the court finds by a
7    preponderance of the evidence that: (A) the records are not
8    protected by an absolute privilege and (B) the records
9    contain relevant, admissible, and material evidence that
10    is not available through other witnesses or evidence, the
11    court shall issue a subpoena requiring a sealed copy of the
12    records be delivered to the court to be reviewed in camera.
13    If, after conducting an in camera review of the records,
14    the court determines that due process requires disclosure
15    of any portion of the records, the court shall provide
16    copies of what it intends to disclose to the prosecuting
17    attorney and the victim. The prosecuting attorney and the
18    victim shall have 30 days to seek appellate review before
19    the records are disclosed to the defendant. The disclosure
20    of copies of any portion of the records to the prosecuting
21    attorney does not make the records subject to discovery.
22        (10) Right to notice of court proceedings. If the
23    victim is not present at a court proceeding in which a
24    right of the victim is at issue, the court shall ask the
25    prosecuting attorney whether the victim was notified of the
26    time, place, and purpose of the court proceeding and that

 

 

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1    the victim had a right to be heard at the court proceeding.
2    If the court determines that timely notice was not given or
3    that the victim was not adequately informed of the nature
4    of the court proceeding, the court shall not rule on any
5    substantive issues, accept a plea, or impose a sentence and
6    shall continue the hearing for the time necessary to notify
7    the victim of the time, place and nature of the court
8    proceeding. The time between court proceedings shall not be
9    attributable to the State under Section 103-5 of the Code
10    of Criminal Procedure of 1963.
11        (11) Right to timely disposition of the case. A victim
12    has the right to timely disposition of the case so as to
13    minimize the stress, cost, and inconvenience resulting
14    from the victim's involvement in the case. Before ruling on
15    a motion to continue trial or other court proceeding, the
16    court shall inquire into the circumstances for the request
17    for the delay and, if the victim has provided written
18    notice of the assertion of the right to a timely
19    disposition, and whether the victim objects to the delay.
20    If the victim objects, the prosecutor shall inform the
21    court of the victim's objections. If the prosecutor has not
22    conferred with the victim about the continuance, the
23    prosecutor shall inform the court of the attempts to
24    confer. If the court finds the attempts of the prosecutor
25    to confer with the victim were inadequate to protect the
26    victim's right to be heard, the court shall give the

 

 

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1    prosecutor at least 3 but not more than 5 business days to
2    confer with the victim. In ruling on a motion to continue,
3    the court shall consider the reasons for the requested
4    continuance, the number and length of continuances that
5    have been granted, the victim's objections and procedures
6    to avoid further delays. If a continuance is granted over
7    the victim's objection, the court shall specify on the
8    record the reasons for the continuance and the procedures
9    that have been or will be taken to avoid further delays.
10        (12) Right to Restitution.
11            (A) If the victim has asserted the right to
12        restitution and the amount of restitution is known at
13        the time of sentencing, the court shall enter the
14        judgment of restitution at the time of sentencing.
15            (B) If the victim has asserted the right to
16        restitution and the amount of restitution is not known
17        at the time of sentencing, the prosecutor shall, within
18        5 days after sentencing, notify the victim what
19        information and documentation related to restitution
20        is needed and that the information and documentation
21        must be provided to the prosecutor within 45 days after
22        sentencing. Failure to timely provide information and
23        documentation related to restitution shall be deemed a
24        waiver of the right to restitution. The prosecutor
25        shall file and serve within 60 days after sentencing a
26        proposed judgment for restitution and a notice that

 

 

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1        includes information concerning the identity of any
2        victims or other persons seeking restitution, whether
3        any victim or other person expressly declines
4        restitution, the nature and amount of any damages
5        together with any supporting documentation, a
6        restitution amount recommendation, and the names of
7        any co-defendants and their case numbers. Within 30
8        days after receipt of the proposed judgment for
9        restitution, the defendant shall file any objection to
10        the proposed judgment, a statement of grounds for the
11        objection, and a financial statement. If the defendant
12        does not file an objection, the court may enter the
13        judgment for restitution without further proceedings.
14        If the defendant files an objection and either party
15        requests a hearing, the court shall schedule a hearing.
16        (13) Access to presentence reports.
17            (A) The victim may request a copy of the
18        presentence report prepared under the Unified Code of
19        Corrections from the State's Attorney. The State's
20        Attorney shall redact the following information before
21        providing a copy of the report:
22                (i) the defendant's mental history and
23            condition;
24                (ii) any evaluation prepared under subsection
25            (b) or (b-5) of Section 5-3-2; and
26                (iii) the name, address, phone number, and

 

 

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1            other personal information about any other victim.
2            (B) The State's Attorney or the defendant may
3        request the court redact other information in the
4        report that may endanger the safety of any person.
5            (C) The State's Attorney may orally disclose to the
6        victim any of the information that has been redacted if
7        there is a reasonable likelihood that the information
8        will be stated in court at the sentencing.
9            (D) The State's Attorney must advise the victim
10        that the victim must maintain the confidentiality of
11        the report and other information. Any dissemination of
12        the report or information that was not stated at a
13        court proceeding constitutes indirect criminal
14        contempt of court.
15        (14) Appellate relief. If the trial court denies the
16    relief requested, the victim, the victim's attorney or the
17    prosecuting attorney may file an appeal within 30 days of
18    the trial court's ruling. The trial or appellate court may
19    stay the court proceedings if the court finds that a stay
20    would not violate a constitutional right of the defendant.
21    If the appellate court denies the relief sought, the
22    reasons for the denial shall be clearly stated in a written
23    opinion. In any appeal in a criminal case, the State may
24    assert as error the court's denial of any crime victim's
25    right in the proceeding to which the appeal relates.
26        (15) Limitation on appellate relief. In no case shall

 

 

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1    an appellate court provide a new trial to remedy the
2    violation of a victim's right.
3        (16) The right to be reasonably protected from the
4    accused throughout the criminal justice process and the
5    right to have the safety of the victim and the victim's
6    family considered in denying or fixing the amount of bail,
7    determining whether to release the defendant, and setting
8    conditions of release after arrest and conviction. A victim
9    of domestic violence may request the entry of a protective
10    order under Article 112A of the Code of Criminal Procedure
11    of 1963.
12    (d)(1) The Prisoner Review Board shall inform a victim or
13any other concerned citizen, upon written request, of the
14prisoner's release on parole, mandatory supervised release,
15electronic detention, work release, international transfer or
16exchange, or by the custodian, other than the Department of
17Juvenile Justice, of the discharge of any individual who was
18adjudicated a delinquent for a crime from State custody and by
19the sheriff of the appropriate county of any such person's
20final discharge from county custody. The Prisoner Review Board,
21upon written request, shall provide to a victim or any other
22concerned citizen a recent photograph of any person convicted
23of a felony, upon his or her release from custody. The Prisoner
24Review Board, upon written request, shall inform a victim or
25any other concerned citizen when feasible at least 7 days prior
26to the prisoner's release on furlough of the times and dates of

 

 

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1such furlough. Upon written request by the victim or any other
2concerned citizen, the State's Attorney shall notify the person
3once of the times and dates of release of a prisoner sentenced
4to periodic imprisonment. Notification shall be based on the
5most recent information as to victim's or other concerned
6citizen's residence or other location available to the
7notifying authority.
8    (2) When the defendant has been committed to the Department
9of Human Services pursuant to Section 5-2-4 or any other
10provision of the Unified Code of Corrections, the victim may
11request to be notified by the releasing authority of the
12approval by the court of an on-grounds pass, a supervised
13off-grounds pass, an unsupervised off-grounds pass, or
14conditional release; the release on an off-grounds pass; the
15return from an off-grounds pass; transfer to another facility;
16conditional release; escape; death; or final discharge from
17State custody. The Department of Human Services shall establish
18and maintain a statewide telephone number to be used by victims
19to make notification requests under these provisions and shall
20publicize this telephone number on its website and to the
21State's Attorney of each county.
22    (3) In the event of an escape from State custody, the
23Department of Corrections or the Department of Juvenile Justice
24immediately shall notify the Prisoner Review Board of the
25escape and the Prisoner Review Board shall notify the victim.
26The notification shall be based upon the most recent

 

 

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1information as to the victim's residence or other location
2available to the Board. When no such information is available,
3the Board shall make all reasonable efforts to obtain the
4information and make the notification. When the escapee is
5apprehended, the Department of Corrections or the Department of
6Juvenile Justice immediately shall notify the Prisoner Review
7Board and the Board shall notify the victim.
8    (4) The victim of the crime for which the prisoner has been
9sentenced shall receive reasonable written notice not less than
1030 days prior to the parole hearing or target aftercare release
11date and may submit, in writing, on film, videotape or other
12electronic means or in the form of a recording prior to the
13parole hearing or target aftercare release date or in person at
14the parole hearing or aftercare release protest hearing or if a
15victim of a violent crime, by calling the toll-free number
16established in subsection (f) of this Section, information for
17consideration by the Prisoner Review Board or Department of
18Juvenile Justice. The victim shall be notified within 7 days
19after the prisoner has been granted parole or aftercare release
20and shall be informed of the right to inspect the registry of
21parole decisions, established under subsection (g) of Section
223-3-5 of the Unified Code of Corrections. The provisions of
23this paragraph (4) are subject to the Open Parole Hearings Act.
24    (5) If a statement is presented under Section 6, the
25Prisoner Review Board or Department of Juvenile Justice shall
26inform the victim of any order of discharge pursuant to Section

 

 

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13-2.5-85 or 3-3-8 of the Unified Code of Corrections.
2    (6) At the written or oral request of the victim of the
3crime for which the prisoner was sentenced or the State's
4Attorney of the county where the person seeking parole or
5aftercare release was prosecuted, the Prisoner Review Board or
6Department of Juvenile Justice shall notify the victim and the
7State's Attorney of the county where the person seeking parole
8or aftercare release was prosecuted of the death of the
9prisoner if the prisoner died while on parole or aftercare
10release or mandatory supervised release.
11    (7) When a defendant who has been committed to the
12Department of Corrections, the Department of Juvenile Justice,
13or the Department of Human Services is released or discharged
14and subsequently committed to the Department of Human Services
15as a sexually violent person and the victim had requested to be
16notified by the releasing authority of the defendant's
17discharge, conditional release, death, or escape from State
18custody, the releasing authority shall provide to the
19Department of Human Services such information that would allow
20the Department of Human Services to contact the victim.
21    (8) When a defendant has been convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act and
23has been sentenced to the Department of Corrections or the
24Department of Juvenile Justice, the Prisoner Review Board or
25the Department of Juvenile Justice shall notify the victim of
26the sex offense of the prisoner's eligibility for release on

 

 

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1parole, aftercare release, mandatory supervised release,
2electronic detention, work release, international transfer or
3exchange, or by the custodian of the discharge of any
4individual who was adjudicated a delinquent for a sex offense
5from State custody and by the sheriff of the appropriate county
6of any such person's final discharge from county custody. The
7notification shall be made to the victim at least 30 days,
8whenever possible, before release of the sex offender.
9    (e) The officials named in this Section may satisfy some or
10all of their obligations to provide notices and other
11information through participation in a statewide victim and
12witness notification system established by the Attorney
13General under Section 8.5 of this Act.
14    (f) To permit a crime victim of a violent crime to provide
15information to the Prisoner Review Board or the Department of
16Juvenile Justice for consideration by the Board or Department
17at a parole hearing or before an aftercare release decision of
18a person who committed the crime against the victim in
19accordance with clause (d)(4) of this Section or at a
20proceeding to determine the conditions of mandatory supervised
21release of a person sentenced to a determinate sentence or at a
22hearing on revocation of mandatory supervised release of a
23person sentenced to a determinate sentence, the Board shall
24establish a toll-free number that may be accessed by the victim
25of a violent crime to present that information to the Board.
26(Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756,

 

 

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1eff. 7-16-14; 99-413, eff. 8-20-15; 99-628, eff. 1-1-17.)
 
2    Section 20. The Stalking No Contact Order Act is amended by
3changing Sections 20 and 105 as follows:
 
4    (740 ILCS 21/20)
5    Sec. 20. Commencement of action; filing fees.
6    (a) An action for a stalking no contact order is commenced:
7        (1) independently, by filing a petition for a stalking
8    no contact order in any civil court, unless specific courts
9    are designated by local rule or order; or
10        (2) in conjunction with a delinquency petition or a
11    criminal prosecution as provided in Article 112A of the
12    Code of Criminal Procedure of 1963 , by filing a petition
13    for a stalking no contact order under the same case number
14    as the delinquency petition or criminal prosecution, to be
15    granted during pre-trial release of a defendant, with any
16    dispositional order issued under Section 5-710 of the
17    Juvenile Court Act of 1987 or as a condition of release,
18    supervision, conditional discharge, probation, periodic
19    imprisonment, parole, aftercare release, or mandatory
20    supervised release, or in conjunction with imprisonment or
21    a bond forfeiture warrant, provided that (i) the violation
22    is alleged in an information, complaint, indictment, or
23    delinquency petition on file and the alleged victim is a
24    person protected by this Act, and (ii) the petition, which

 

 

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1    is filed by the State's Attorney, names a victim of the
2    alleged crime as a petitioner.
3    (b) Withdrawal or dismissal of any petition for a stalking
4no contact order prior to adjudication where the petitioner is
5represented by the State shall operate as a dismissal without
6prejudice. No action for a stalking no contact order shall be
7dismissed because the respondent is being prosecuted for a
8crime against the petitioner. For any action commenced under
9item (2) of subsection (a) of this Section, dismissal of the
10conjoined case (or a finding of not guilty) shall not require
11dismissal of the action for a stalking no contact order;
12instead, it may be treated as an independent action and, if
13necessary and appropriate, transferred to a different court or
14division.
15    (c) No fee shall be charged by the clerk of the court for
16filing petitions or modifying or certifying orders. No fee
17shall be charged by the sheriff for service by the sheriff of a
18petition, rule, motion, or order in an action commenced under
19this Section.
20    (d) The court shall provide, through the office of the
21clerk of the court, simplified forms for filing of a petition
22under this Section by any person not represented by counsel.
23(Source: P.A. 98-558, eff. 1-1-14.)
 
24    (740 ILCS 21/105)
25    Sec. 105. Duration and extension of orders.

 

 

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1    (a) Unless re-opened or extended or voided by entry of an
2order of greater duration, an emergency order shall be
3effective for not less than 14 nor more than 21 days.
4    (b) Except as otherwise provided in this Section, a plenary
5stalking no contact order shall be effective for a fixed period
6of time, not to exceed 2 years. A plenary stalking no contact
7order entered in conjunction with a criminal prosecution shall
8remain in effect as provided in Section 112A-20 of the Code of
9Criminal Procedure of 1963. follows:
10        (1) if entered during pre-trial release, until
11    disposition, withdrawal, or dismissal of the underlying
12    charge; if however, the case is continued as an independent
13    cause of action, the order's duration may be for a fixed
14    period of time not to exceed 2 years;
15        (2) if in effect in conjunction with a bond forfeiture
16    warrant, until final disposition or an additional period of
17    time not exceeding 2 years; no stalking no contact order,
18    however, shall be terminated by a dismissal that is
19    accompanied by the issuance of a bond forfeiture warrant;
20        (3) permanent if a judgment of conviction for stalking
21    is entered.
22    (c) Any emergency or plenary order may be extended one or
23more times, as required, provided that the requirements of
24Section 95 or 100, as appropriate, are satisfied. If the motion
25for extension is uncontested and the petitioner seeks no
26modification of the order, the order may be extended on the

 

 

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1basis of the petitioner's motion or affidavit stating that
2there has been no material change in relevant circumstances
3since entry of the order and stating the reason for the
4requested extension. Extensions may be granted only in open
5court and not under the provisions of subsection (c) of Section
695, which applies only when the court is unavailable at the
7close of business or on a court holiday.
8    (d) Any stalking no contact order which would expire on a
9court holiday shall instead expire at the close of the next
10court business day.
11    (e) The practice of dismissing or suspending a criminal
12prosecution in exchange for the issuance of a stalking no
13contact order undermines the purposes of this Act. This Section
14shall not be construed as encouraging that practice.
15(Source: P.A. 96-246, eff. 1-1-10.)
 
16    Section 25. The Civil No Contact Order Act is amended by
17changing Sections 202 and 216 as follows:
 
18    (740 ILCS 22/202)
19    Sec. 202. Commencement of action; filing fees.
20    (a) An action for a civil no contact order is commenced:
21        (1) independently, by filing a petition for a civil no
22    contact order in any civil court, unless specific courts
23    are designated by local rule or order; or
24        (2) in conjunction with a delinquency petition or a

 

 

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1    criminal prosecution as provided in Article 112A of the
2    Code of Criminal Procedure of 1963 , by filing a petition
3    for a civil no contact order under the same case number as
4    the delinquency petition or criminal prosecution, to be
5    granted during pre-trial release of a defendant, with any
6    dispositional order issued under Section 5-710 of the
7    Juvenile Court Act of 1987 or as a condition of release,
8    supervision, conditional discharge, probation, periodic
9    imprisonment, parole, aftercare release, or mandatory
10    supervised release, or in conjunction with imprisonment or
11    a bond forfeiture warrant, provided that (i) the violation
12    is alleged in an information, complaint, indictment, or
13    delinquency petition on file and the alleged victim is a
14    person protected by this Act, and (ii) the petition, which
15    is filed by the State's Attorney, names a victim of the
16    alleged crime as a petitioner.
17    (b) Withdrawal or dismissal of any petition for a civil no
18contact order prior to adjudication where the petitioner is
19represented by the State shall operate as a dismissal without
20prejudice. No action for a civil no contact order shall be
21dismissed because the respondent is being prosecuted for a
22crime against the petitioner. For any action commenced under
23item (2) of subsection (a) of this Section, dismissal of the
24conjoined case (or a finding of not guilty) shall not require
25dismissal of the action for a civil no contact order; instead,
26it may be treated as an independent action and, if necessary

 

 

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1and appropriate, transferred to a different court or division.
2    (c) No fee shall be charged by the clerk of the court for
3filing petitions or modifying or certifying orders. No fee
4shall be charged by the sheriff for service by the sheriff of a
5petition, rule, motion, or order in an action commenced under
6this Section.
7    (d) The court shall provide, through the office of the
8clerk of the court, simplified forms for filing of a petition
9under this Section by any person not represented by counsel.
10(Source: P.A. 98-558, eff. 1-1-14.)
 
11    (740 ILCS 22/216)
12    Sec. 216. Duration and extension of orders.
13    (a) Unless re-opened or extended or voided by entry of an
14order of greater duration, an emergency order shall be
15effective for not less than 14 nor more than 21 days.
16    (b) Except as otherwise provided in this Section, a plenary
17civil no contact order shall be effective for a fixed period of
18time, not to exceed 2 years. A plenary civil no contact order
19entered in conjunction with a criminal prosecution shall remain
20in effect as provided in Section 112A-20 of the Code of
21Criminal Procedure of 1963. follows:
22        (1) if entered during pre-trial release, until
23    disposition, withdrawal, or dismissal of the underlying
24    charge; if however, the case is continued as an independent
25    cause of action, the order's duration may be for a fixed

 

 

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1    period of time not to exceed 2 years;
2        (2) if in effect in conjunction with a bond forfeiture
3    warrant, until final disposition or an additional period of
4    time not exceeding 2 years; no civil no contact order,
5    however, shall be terminated by a dismissal that is
6    accompanied by the issuance of a bond forfeiture warrant;
7        (3) until expiration of any supervision, conditional
8    discharge, probation, periodic imprisonment, parole,
9    aftercare release, or mandatory supervised release and for
10    an additional period of time thereafter not exceeding 2
11    years; or
12        (4) until the date set by the court for expiration of
13    any sentence of imprisonment and subsequent parole,
14    aftercare release, or mandatory supervised release and for
15    an additional period of time thereafter not exceeding 2
16    years.
17    (c) Any emergency or plenary order may be extended one or
18more times, as required, provided that the requirements of
19Section 214 or 215, as appropriate, are satisfied. If the
20motion for extension is uncontested and the petitioner seeks no
21modification of the order, the order may be extended on the
22basis of the petitioner's motion or affidavit stating that
23there has been no material change in relevant circumstances
24since entry of the order and stating the reason for the
25requested extension. Extensions may be granted only in open
26court and not under the provisions of subsection (c) of Section

 

 

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1214, which applies only when the court is unavailable at the
2close of business or on a court holiday.
3    (d) Any civil no contact order which would expire on a
4court holiday shall instead expire at the close of the next
5court business day.
6    (d-5) An extension of a plenary civil no contact order may
7be granted, upon good cause shown, to remain in effect until
8the civil no contact order is vacated or modified.
9    (e) The practice of dismissing or suspending a criminal
10prosecution in exchange for the issuance of a civil no contact
11order undermines the purposes of this Act. This Section shall
12not be construed as encouraging that practice.
13(Source: P.A. 98-558, eff. 1-1-14.)
 
14    Section 30. The Illinois Domestic Violence Act of 1986 is
15amended by changing Sections 202 and 220 as follows:
 
16    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
17    Sec. 202. Commencement of action; filing fees; dismissal.
18    (a) How to commence action. Actions for orders of
19protection are commenced:
20        (1) Independently: By filing a petition for an order of
21    protection in any civil court, unless specific courts are
22    designated by local rule or order.
23        (2) In conjunction with another civil proceeding: By
24    filing a petition for an order of protection under the same

 

 

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1    case number as another civil proceeding involving the
2    parties, including but not limited to: (i) any proceeding
3    under the Illinois Marriage and Dissolution of Marriage
4    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
5    and Children Act, Revised Uniform Reciprocal Enforcement
6    of Support Act or an action for nonsupport brought under
7    Article X 10 of the Illinois Public Aid Code, provided that
8    a petitioner and the respondent are a party to or the
9    subject of that proceeding or (ii) a guardianship
10    proceeding under the Probate Act of 1975, or a proceeding
11    for involuntary commitment under the Mental Health and
12    Developmental Disabilities Code, or any proceeding, other
13    than a delinquency petition, under the Juvenile Court Act
14    of 1987, provided that a petitioner or the respondent is a
15    party to or the subject of such proceeding.
16        (3) In conjunction with a delinquency petition or a
17    criminal prosecution as provided in Article 112A of the
18    Code of Criminal Procedure of 1963. : By filing a petition
19    for an order of protection, under the same case number as
20    the delinquency petition or criminal prosecution, to be
21    granted during pre-trial release of a defendant, with any
22    dispositional order issued under Section 5-710 of the
23    Juvenile Court Act of 1987 or as a condition of release,
24    supervision, conditional discharge, probation, periodic
25    imprisonment, parole, aftercare release, or mandatory
26    supervised release, or in conjunction with imprisonment or

 

 

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1    a bond forfeiture warrant; provided that:
2            (i) the violation is alleged in an information,
3        complaint, indictment or delinquency petition on file,
4        and the alleged offender and victim are family or
5        household members or persons protected by this Act; and
6            (ii) the petition, which is filed by the State's
7        Attorney, names a victim of the alleged crime as a
8        petitioner.
9    (b) Filing, certification, and service fees. No fee shall
10be charged by the clerk for filing, amending, vacating,
11certifying, or photocopying petitions or orders; or for issuing
12alias summons; or for any related filing service. No fee shall
13be charged by the sheriff for service by the sheriff of a
14petition, rule, motion, or order in an action commenced under
15this Section.
16    (c) Dismissal and consolidation. Withdrawal or dismissal
17of any petition for an order of protection prior to
18adjudication where the petitioner is represented by the State
19shall operate as a dismissal without prejudice. No action for
20an order of protection shall be dismissed because the
21respondent is being prosecuted for a crime against the
22petitioner. An independent action may be consolidated with
23another civil proceeding, as provided by paragraph (2) of
24subsection (a) of this Section. For any action commenced under
25paragraph (2) or (3) of subsection (a) of this Section,
26dismissal of the conjoined case (or a finding of not guilty)

 

 

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1shall not require dismissal of the action for the order of
2protection; instead, it may be treated as an independent action
3and, if necessary and appropriate, transferred to a different
4court or division. Dismissal of any conjoined case shall not
5affect the validity of any previously issued order of
6protection, and thereafter subsections (b)(1) and (b)(2) of
7Section 220 shall be inapplicable to such order.
8    (d) Pro se petitions. The court shall provide, through the
9office of the clerk of the court, simplified forms and clerical
10assistance to help with the writing and filing of a petition
11under this Section by any person not represented by counsel. In
12addition, that assistance may be provided by the state's
13attorney.
14    (e) As provided in this subsection, the administrative
15director of the Administrative Office of the Illinois Courts,
16with the approval of the administrative board of the courts,
17may adopt rules to establish and implement a pilot program to
18allow the electronic filing of petitions for temporary orders
19of protection and the issuance of such orders by audio-visual
20means to accommodate litigants for whom attendance in court to
21file for and obtain emergency relief would constitute an undue
22hardship or would constitute a risk of harm to the litigant.
23        (1) As used in this subsection:
24            (A) "Electronic means" means any method of
25        transmission of information between computers or other
26        machines designed for the purpose of sending or

 

 

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1        receiving electronic transmission and that allows for
2        the recipient of information to reproduce the
3        information received in a tangible medium of
4        expression.
5            (B) "Independent audio-visual system" means an
6        electronic system for the transmission and receiving
7        of audio and visual signals, including those with the
8        means to preclude the unauthorized reception and
9        decoding of the signals by commercially available
10        television receivers, channel converters, or other
11        available receiving devices.
12            (C) "Electronic appearance" means an appearance in
13        which one or more of the parties are not present in the
14        court, but in which, by means of an independent
15        audio-visual system, all of the participants are
16        simultaneously able to see and hear reproductions of
17        the voices and images of the judge, counsel, parties,
18        witnesses, and any other participants.
19        (2) Any pilot program under this subsection (e) shall
20    be developed by the administrative director or his or her
21    delegate in consultation with at least one local
22    organization providing assistance to domestic violence
23    victims. The program plan shall include but not be limited
24    to:
25            (A) identification of agencies equipped with or
26        that have access to an independent audio-visual system

 

 

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1        and electronic means for filing documents; and
2            (B) identification of one or more organizations
3        who are trained and available to assist petitioners in
4        preparing and filing petitions for temporary orders of
5        protection and in their electronic appearances before
6        the court to obtain such orders; and
7            (C) identification of the existing resources
8        available in local family courts for the
9        implementation and oversight of the pilot program; and
10            (D) procedures for filing petitions and documents
11        by electronic means, swearing in the petitioners and
12        witnesses, preparation of a transcript of testimony
13        and evidence presented, and a prompt transmission of
14        any orders issued to the parties; and
15            (E) a timeline for implementation and a plan for
16        informing the public about the availability of the
17        program; and
18            (F) a description of the data to be collected in
19        order to evaluate and make recommendations for
20        improvements to the pilot program.
21        (3) In conjunction with an electronic appearance, any
22    petitioner for an ex parte temporary order of protection
23    may, using the assistance of a trained advocate if
24    necessary, commence the proceedings by filing a petition by
25    electronic means.
26            (A) A petitioner who is seeking an ex parte

 

 

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1        temporary order of protection using an electronic
2        appearance must file a petition in advance of the
3        appearance and may do so electronically.
4            (B) The petitioner must show that traveling to or
5        appearing in court would constitute an undue hardship
6        or create a risk of harm to the petitioner. In granting
7        or denying any relief sought by the petitioner, the
8        court shall state the names of all participants and
9        whether it is granting or denying an appearance by
10        electronic means and the basis for such a
11        determination. A party is not required to file a
12        petition or other document by electronic means or to
13        testify by means of an electronic appearance.
14            (C) Nothing in this subsection (e) affects or
15        changes any existing laws governing the service of
16        process, including requirements for personal service
17        or the sealing and confidentiality of court records in
18        court proceedings or access to court records by the
19        parties to the proceedings.
20        (4) Appearances.
21            (A) All electronic appearances by a petitioner
22        seeking an ex parte temporary order of protection under
23        this subsection (e) are strictly voluntary and the
24        court shall obtain the consent of the petitioner on the
25        record at the commencement of each appearance.
26            (B) Electronic appearances under this subsection

 

 

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1        (e) shall be recorded and preserved for transcription.
2        Documentary evidence, if any, referred to by a party or
3        witness or the court may be transmitted and submitted
4        and introduced by electronic means.
5(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,
6eff. 1-1-17; revised 10-25-16.)
 
7    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
8    Sec. 220. Duration and extension of orders.
9    (a) Duration of emergency and interim orders. Unless
10re-opened or extended or voided by entry of an order of greater
11duration:
12        (1) Emergency orders issued under Section 217 shall be
13    effective for not less than 14 nor more than 21 days;
14        (2) Interim orders shall be effective for up to 30
15    days.
16    (b) Duration of plenary orders. Except as otherwise
17provided in this Section, a
18        (0.05) A plenary order of protection entered under this
19    Act shall be valid for a fixed period of time, not to
20    exceed two years.
21        (1) A plenary order of protection entered in
22    conjunction with another civil proceeding shall remain in
23    effect as follows:
24            (i) if entered as preliminary relief in that other
25        proceeding, until entry of final judgment in that other

 

 

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1        proceeding;
2            (ii) if incorporated into the final judgment in
3        that other proceeding, until the order of protection is
4        vacated or modified; or
5            (iii) if incorporated in an order for involuntary
6        commitment, until termination of both the involuntary
7        commitment and any voluntary commitment, or for a fixed
8        period of time not exceeding 2 years.
9        (2) Duration of an A plenary order of protection
10    entered in conjunction with a criminal prosecution or
11    delinquency petition shall remain in effect as provided in
12    Section 112A-20 of the Code of Criminal Procedure of 1963.
13    follows:
14            (i) 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 duration
18        may be for a fixed period of time not to exceed 2
19        years;
20            (ii) 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 a
24        dismissal that is accompanied by the issuance of a bond
25        forfeiture warrant;
26            (iii) until expiration of any supervision,

 

 

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1        conditional discharge, probation, periodic
2        imprisonment, parole, aftercare release, or mandatory
3        supervised release and for an additional period of time
4        thereafter not exceeding 2 years; or
5            (iv) until the date set by the court for expiration
6        of any sentence of imprisonment and subsequent parole,
7        aftercare release, or mandatory supervised release and
8        for an additional period of time thereafter not
9        exceeding 2 years.
10    (c) Computation of time. The duration of an order of
11protection shall not be reduced by the duration of any prior
12order of protection.
13    (d) Law enforcement records. When a plenary order of
14protection expires upon the occurrence of a specified event,
15rather than upon a specified date as provided in subsection
16(b), no expiration date shall be entered in Department of State
17Police records. To remove the plenary order from those records,
18either party shall request the clerk of the court to file a
19certified copy of an order stating that the specified event has
20occurred or that the plenary order has been vacated or modified
21with the Sheriff, and the Sheriff shall direct that law
22enforcement records shall be promptly corrected in accordance
23with the filed order.
24    (e) Extension of orders. Any emergency, interim or plenary
25order may be extended one or more times, as required, provided
26that the requirements of Section 217, 218 or 219, as

 

 

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1appropriate, are satisfied. If the motion for extension is
2uncontested and petitioner seeks no modification of the order,
3the order may be extended on the basis of petitioner's motion
4or affidavit stating that there has been no material change in
5relevant circumstances since entry of the order and stating the
6reason for the requested extension. An extension of a plenary
7order of protection may be granted, upon good cause shown, to
8remain in effect until the order of protection is vacated or
9modified. Extensions may be granted only in open court and not
10under the provisions of subsection (c) of Section 217, which
11applies only when the court is unavailable at the close of
12business or on a court holiday.
13    (f) Termination date. Any order of protection which would
14expire on a court holiday shall instead expire at the close of
15the next court business day.
16    (g) Statement of purpose. The practice of dismissing or
17suspending a criminal prosecution in exchange for the issuance
18of an order of protection undermines the purposes of this Act.
19This Section shall not be construed as encouraging that
20practice.
21(Source: P.A. 98-558, eff. 1-1-14.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/12-3.8 new
4    720 ILCS 5/12-3.9 new
5    725 ILCS 5/Art. 112A
6    heading
7    725 ILCS 5/112A-1.5 new
8    725 ILCS 5/112A-2.5 new
9    725 ILCS 5/112A-3from Ch. 38, par. 112A-3
10    725 ILCS 5/112A-4from Ch. 38, par. 112A-4
11    725 ILCS 5/112A-4.5 new
12    725 ILCS 5/112A-5from Ch. 38, par. 112A-5
13    725 ILCS 5/112A-5.5 new
14    725 ILCS 5/112A-11.5 new
15    725 ILCS 5/112A-12from Ch. 38, par. 112A-12
16    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
17    725 ILCS 5/112A-14.5 new
18    725 ILCS 5/112A-14.7 new
19    725 ILCS 5/112A-15from Ch. 38, par. 112A-15
20    725 ILCS 5/112A-20from Ch. 38, par. 112A-20
21    725 ILCS 5/112A-21from Ch. 38, par. 112A-21
22    725 ILCS 5/112A-21.5 new
23    725 ILCS 5/112A-21.7 new
24    725 ILCS 5/112A-22from Ch. 38, par. 112A-22
25    725 ILCS 5/112A-22.3 new

 

 

HB3718- 112 -LRB100 08059 MRW 18144 b

1    725 ILCS 5/112A-23from Ch. 38, par. 112A-23
2    725 ILCS 5/112A-24from Ch. 38, par. 112A-24
3    725 ILCS 5/112A-25from Ch. 38, par. 112A-25
4    725 ILCS 5/112A-26from Ch. 38, par. 112A-26
5    725 ILCS 5/112A-28from Ch. 38, par. 112A-28
6    725 ILCS 5/112A-30from Ch. 38, par. 112A-30
7    725 ILCS 5/112A-1 rep.
8    725 ILCS 5/112A-2 rep.
9    725 ILCS 5/112A-7 rep.
10    725 ILCS 5/112A-10 rep.
11    725 ILCS 5/112A-11 rep.
12    725 ILCS 5/112A-13 rep.
13    725 ILCS 5/112A-17 rep.
14    725 ILCS 5/112A-18 rep.
15    725 ILCS 5/112A-19 rep.
16    725 ILCS 5/112A-22.5 rep.
17    725 ILCS 5/112A-22.10 rep.
18    725 ILCS 120/4.5
19    740 ILCS 21/20
20    740 ILCS 21/105
21    740 ILCS 22/202
22    740 ILCS 22/216
23    750 ILCS 60/202from Ch. 40, par. 2312-2
24    750 ILCS 60/220from Ch. 40, par. 2312-20