HB2624 EngrossedLRB103 30697 LNS 57170 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Court
5Record and Document Accessibility Act.
 
6    Section 5. Record and document accessibility.
7    (a) All records and documents are presumed to be
8accessible by the court and the clerk of the court. A clerk of
9the court shall limit access to case information and documents
10that are not identified as public to the clerk of the court or
11limited supervisory staff through the use of access codes
12restricting access. Access to court records and documents
13remotely over the Internet shall be as authorized by the
14Illinois Supreme Court Remote Access Policy.
15    (b) Unless otherwise specified by rule, statute, or order,
16access to case information and documents maintained by the
17clerk of the court is defined as follows:
18        (1) "Public" means a document or case that is
19    accessible by any person upon request.
20        (2) "Impounded" means a document or case that is
21    accessible only to the parties of record on a case;
22    otherwise, the document or case is only accessible upon
23    order of a court.

 

 

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1        (3) "Confidential" means a document or case that is
2    accessible only to the party submitting the document or
3    filing the case; otherwise, the document or case is only
4    accessible upon order of a court.
5        (4) "Sealed" means a document or case that is
6    accessible only upon order of a court.
7        (5) "Expunged" means a document or case that is
8    accessible only upon order of a court as provided in
9    subparagraph (E) of paragraph (1) of subsection (a) of
10    Section 5.2 of the Criminal Identification Act.
11    (c) Notwithstanding any provision of subsections (a) and
12(b), the court may enter an order restricting access to any
13case or document per order of court.
14    (d) If any law of this State restricts access to any case
15information and documents maintained by the clerk of the court
16by using the phrase "shall not be public", or a similar phrase
17stating that a court record is not available to the public, the
18clerk of the court shall impound such case information and
19documents unless the court directs otherwise.
20    (e) Notwithstanding any other provision of law, if any law
21or statute of this State conflicts with Supreme Court Rule 8,
22then Supreme Court Rule 8 governs.
 
23    Section 10. Process for access. The General Assembly
24encourages the Supreme Court to consider establishing a
25process for access to court files that are limited by statute

 

 

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1or court rule that includes standardized forms and provisions
2for requesting access to documents in court files that are
3restricted in any manner.
 
4    Section 15. Applicability. This Act applies to all court
5records and documents related to any civil or criminal
6proceeding brought before any court in this State that are
7created and maintained by a State court.
 
8    Section 20. The Code of Criminal Procedure of 1963 is
9amended by changing Section 108A-7 as follows:
 
10    (725 ILCS 5/108A-7)  (from Ch. 38, par. 108A-7)
11    Sec. 108A-7. Retention and Review of Recordings.
12    (a) The contents of any conversation overheard by any
13eavesdropping device shall, if possible, be recorded on tape
14or a comparable device. The recording of the contents of a
15conversation under this Article shall be done in such a way as
16will protect the recording from editing or other alterations.
17    (b) Immediately after the expiration of the period of the
18order or extension or, where the recording was made in an
19emergency situation as defined in Section 108A-6, at the time
20of the request for approval subsequent to the emergency, all
21such recordings shall be made available to the judge issuing
22the order or hearing the application for approval of an
23emergency application.

 

 

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1    The judge shall listen to the tapes, determine if the
2conversations thereon are within his order or were
3appropriately made in emergency situations, and make a record
4of such determination to be retained with the tapes.
5    The recordings shall be sealed under the instructions of
6the judge and custody shall be where he orders. Such
7recordings shall not be destroyed except upon order of the
8judge hearing the application and in any event shall be kept
9for 10 years if not destroyed upon his order.
10    Duplicate recordings may be made for any use or disclosure
11authorized by this Article. The presence of the seal provided
12for in this Section or a satisfactory explanation for the
13absence thereof shall be a pre-requisite for the use or
14disclosure of the contents of the recordings or any evidence
15derived therefrom.
16    (c) Applications made and orders granted under this
17Article shall be sealed by the judge. Custody of the
18applications and orders shall be wherever the judge requests.
19Such applications and orders shall be disclosed only upon a
20showing of good cause before a judge. Such documents shall not
21be destroyed except on the order of the issuing or denying
22judge or after the expiration of 10 years time if not destroyed
23upon his order.
24    As used in this subsection, "sealed" has the same meaning
25as in paragraph (4) of subsection (b) of Section 5 of the Court
26Record and Document Accessibility Act.

 

 

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1(Source: P.A. 79-1159.)
 
2    Section 25. The Privacy of Child Victims of Criminal
3Sexual Offenses Act is amended by changing Section 3 as
4follows:
 
5    (725 ILCS 190/3)  (from Ch. 38, par. 1453)
6    Sec. 3. Confidentiality of Law Enforcement and Court
7Records. Notwithstanding any other law to the contrary,
8inspection and copying of law enforcement records maintained
9by any law enforcement agency or all circuit court records
10maintained by any circuit clerk relating to any investigation
11or proceeding pertaining to a criminal sexual offense, by any
12person, except a judge, state's attorney, assistant state's
13attorney, Attorney General, Assistant Attorney General,
14psychologist, psychiatrist, social worker, doctor, parent,
15parole agent, aftercare specialist, probation officer,
16defendant, defendant's attorney, advocate, or victim's
17attorney (as defined in Section 3 of the Rights of Crime
18Victims and Witnesses Act) in any criminal proceeding or
19investigation related thereto, shall be restricted to exclude
20the identity of any child who is a victim of such criminal
21sexual offense or alleged criminal sexual offense unless a
22court order is issued authorizing the removal of such
23restriction as provided under this Section of a particular
24case record or particular records of cases maintained by any

 

 

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1circuit court clerk. A court may, for the child's protection
2and for good cause shown, prohibit any person or agency
3present in court from further disclosing the child's identity.
4    A court may prohibit such disclosure only after giving
5notice and a hearing to all affected parties. In determining
6whether to prohibit disclosure of the minor's identity, the
7court shall consider:
8        (1) the best interest of the child; and
9        (2) whether such nondisclosure would further a
10    compelling State interest.
11    When a criminal sexual offense is committed or alleged to
12have been committed by a school district employee or any
13individual contractually employed by a school district, a copy
14of the criminal history record information relating to the
15investigation of the offense or alleged offense shall be
16transmitted to the superintendent of schools of the district
17immediately upon request or if the law enforcement agency
18knows that a school district employee or any individual
19contractually employed by a school district has committed or
20is alleged to have committed a criminal sexual offense, the
21superintendent of schools of the district shall be immediately
22provided a copy of the criminal history record information.
23The copy of the criminal history record information to be
24provided under this Section shall exclude the identity of the
25child victim. The superintendent shall be restricted from
26revealing the identity of the victim. Nothing in this Article

 

 

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1precludes or may be used to preclude a mandated reporter from
2reporting child abuse or child neglect as required under the
3Abused and Neglected Child Reporting Act.
4    For the purposes of this Act, "criminal history record
5information" means:
6        (i) chronologically maintained arrest information,
7    such as traditional arrest logs or blotters;
8        (ii) the name of a person in the custody of a law
9    enforcement agency and the charges for which that person
10    is being held;
11        (iii) court records that are public, as defined in
12    paragraph (1) of subsection (b) of Section 5 of the Court
13    Record and Document Accessibility Act;
14        (iv) records that are otherwise available under State
15    or local law; or
16        (v) records in which the requesting party is the
17    individual identified, except as provided under part (vii)
18    of paragraph (c) of subsection (1) of Section 7 of the
19    Freedom of Information Act.
20(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
21    Section 30. The Unified Code of Corrections is amended by
22changing Section 5-5.5-15 as follows:
 
23    (730 ILCS 5/5-5.5-15)
24    Sec. 5-5.5-15. Certificates of relief from disabilities

 

 

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1issued by courts.
2    (a) Any circuit court of this State may issue a
3certificate of relief from disabilities to an eligible
4offender for a conviction that occurred in that court if the
5court imposed the sentence. The certificate may be issued (i)
6at the time sentence is pronounced, in which case it may grant
7relief from disabilities, or (ii) at any time thereafter, in
8which case it shall apply only to disabilities.
9    (b) The certificate may not be issued by the court unless
10the court is satisfied, based on clear and convincing
11evidence, that:
12        (1) the person to whom it is to be granted is an
13    eligible offender, as defined in Section 5-5.5-5;
14        (2) the relief to be granted by the certificate is
15    consistent with the rehabilitation of the eligible
16    offender; and
17        (3) the relief to be granted by the certificate is
18    consistent with the public interest.
19    (c) If a certificate of relief from disabilities is not
20issued at the time sentence is pronounced it shall only be
21issued thereafter upon verified application to the court. The
22court may, for the purpose of determining whether the
23certificate shall be issued, request the probation or court
24services department to conduct an investigation of the
25applicant. Any probation officer requested to make an
26investigation under this Section shall prepare and submit to

 

 

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1the court a written report in accordance with the request.
2    (d) Any court that has issued a certificate of relief from
3disabilities may at any time issue a new certificate to
4enlarge the relief previously granted provided that the
5provisions of clauses (1) through (3) of subsection (b) of
6this Section apply to the issuance of any such new
7certificate.
8    (e) Any written report submitted to the court under this
9Section is confidential and may not be made available to any
10person or public or private agency except if specifically
11required or permitted by statute or upon specific
12authorization of the court. However, it shall be made
13available by the court for examination by the applicant's
14attorney, or the applicant himself or herself, if he or she has
15no attorney. In its discretion, the court may except from
16disclosure a part or parts of the report that are not relevant
17to the granting of a certificate, or sources of information
18which have been obtained on a promise of confidentiality, or
19any other portion of the report, disclosure of which would not
20be in the interest of justice. The action of the court
21excepting information from disclosure shall be subject to
22appellate review. The court, in its discretion, may hold a
23conference in open court or in chambers to afford an applicant
24an opportunity to controvert or to comment upon any portions
25of the report. The court may also conduct a summary hearing at
26the conference on any matter relevant to the granting of the

 

 

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1application and may take testimony under oath.
2    As used in this subsection, "confidential" has the same
3meaning as in paragraph (3) of subsection (b) of Section 5 of
4the Court Record and Document Accessibility Act.
5    (f) An employer is not civilly or criminally liable for an
6act or omission by an employee who has been issued a
7certificate of relief from disabilities, except for a willful
8or wanton act by the employer in hiring the employee who has
9been issued a certificate of relief from disabilities.
10(Source: P.A. 96-852, eff. 1-1-10.)
 
11    Section 35. The Stalking No Contact Order Act is amended
12by changing Sections 20 and 95 as follows:
 
13    (740 ILCS 21/20)
14    Sec. 20. Commencement of action; filing fees.
15    (a) An action for a stalking no contact order is
16commenced:
17        (1) independently, by filing a petition for a stalking
18    no contact order in any civil court, unless specific
19    courts are designated by local rule or order; or
20        (2) in conjunction with a delinquency petition or a
21    criminal prosecution as provided in Article 112A of the
22    Code of Criminal Procedure of 1963.
23    (a-1) A petition for a stalking no contact order may be
24filed in person in-person or online.

 

 

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1    (a-5) When a petition for an emergency stalking no contact
2order is filed, the petition and file shall not be public and
3shall only be accessible to the court, law enforcement,
4petitioner, victim advocate, counsel of record for either
5party, and the State's Attorney for the county until the
6petition is served on the respondent.
7    Accessibility to the petition and file under this
8subsection prior to the petition being served on the
9respondent shall be in accordance with Section 5 of the Court
10Record and Document Accessibility Act.
11    (b) Withdrawal or dismissal of any petition for a stalking
12no contact order prior to adjudication where the petitioner is
13represented by the State shall operate as a dismissal without
14prejudice. No action for a stalking no contact order shall be
15dismissed because the respondent is being prosecuted for a
16crime against the petitioner. For any action commenced under
17item (2) of subsection (a) of this Section, dismissal of the
18conjoined case (or a finding of not guilty) shall not require
19dismissal of the action for a stalking no contact order;
20instead, it may be treated as an independent action and, if
21necessary and appropriate, transferred to a different court or
22division.
23    (c) No fee shall be charged by the clerk of the court for
24filing petitions or modifying or certifying orders. No fee
25shall be charged by the sheriff for service by the sheriff of a
26petition, rule, motion, or order in an action commenced under

 

 

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1this Section.
2    (d) The court shall provide, through the office of the
3clerk of the court, simplified forms for filing of a petition
4under this Section by any person not represented by counsel.
5(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
6102-853, eff. 1-1-23; revised 12-14-22.)
 
7    (740 ILCS 21/95)
8    Sec. 95. Emergency stalking no contact order.
9    (a) An emergency stalking no contact order shall issue if
10the petitioner satisfies the requirements of this subsection
11(a). The petitioner shall establish that:
12        (1) the court has jurisdiction under Section 50;
13        (2) the requirements of Section 80 are satisfied; and
14        (3) there is good cause to grant the remedy,
15    regardless of prior service of process or of notice upon
16    the respondent, because the harm which that remedy is
17    intended to prevent would be likely to occur if the
18    respondent were given any prior notice, or greater notice
19    than was actually given, of the petitioner's efforts to
20    obtain judicial relief.
21    An emergency stalking no contact order shall be issued by
22the court if it appears from the contents of the petition and
23the examination of the petitioner that the averments are
24sufficient to indicate stalking by the respondent and to
25support the granting of relief under the issuance of the

 

 

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1stalking no contact order.
2    An emergency stalking no contact order shall be issued if
3the court finds that items (1), (2), and (3) of this subsection
4(a) are met.
5    (a-5) When a petition for an emergency stalking no contact
6order is granted, the petition, order, and file shall not be
7public and shall only be accessible to the court, law
8enforcement, petitioner, victim advocate, counsel of record
9for either party, and the State's Attorney for the county
10until the order is served on the respondent.
11    Accessibility to the petition, order, and file under this
12subsection prior to the petition being served on the
13respondent shall be in accordance with Section 5 of the Court
14Record and Document Accessibility Act.
15    (b) If the respondent appears in court for this hearing
16for an emergency order, he or she may elect to file a general
17appearance and testify. Any resulting order may be an
18emergency order, governed by this Section. Notwithstanding the
19requirements of this Section, if all requirements of Section
20100 have been met, the court may issue a plenary order.
21    (c) Emergency orders; court holidays and evenings.
22        (1) When the court is unavailable at the close of
23    business, the petitioner may file a petition for a 21-day
24    emergency order before any available circuit judge or
25    associate judge who may grant relief under this Act. If
26    the judge finds that there is an immediate and present

 

 

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1    danger of abuse against the petitioner and that the
2    petitioner has satisfied the prerequisites set forth in
3    subsection (a), that judge may issue an emergency stalking
4    no contact order.
5        (2) The chief judge of the circuit court may designate
6    for each county in the circuit at least one judge to be
7    reasonably available to issue orally, by telephone, by
8    facsimile, or otherwise, an emergency stalking no contact
9    order at all times, whether or not the court is in session.
10        (3) Any order issued under this Section and any
11    documentation in support of the order shall be certified
12    on the next court day to the appropriate court. The clerk
13    of that court shall immediately assign a case number, file
14    the petition, order, and other documents with the court,
15    and enter the order of record and file it with the sheriff
16    for service, in accordance with Section 60. Filing the
17    petition shall commence proceedings for further relief
18    under Section 20. Failure to comply with the requirements
19    of this paragraph (3) does not affect the validity of the
20    order.
21(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
 
22    Section 40. The Civil No Contact Order Act is amended by
23changing Sections 202 and 214 as follows:
 
24    (740 ILCS 22/202)

 

 

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1    Sec. 202. Commencement of action; filing fees.
2    (a) An action for a civil no contact order is commenced:
3        (1) independently, by filing a petition for a civil no
4    contact order in any civil court, unless specific courts
5    are designated by local rule or order; or
6        (2) in conjunction with a delinquency petition or a
7    criminal prosecution as provided in Article 112A of the
8    Code of Criminal Procedure of 1963.
9    (a-1) A petition for a civil no contact order may be filed
10in person in-person or online.
11    (a-5) When a petition for an emergency civil no contact
12order is filed, the petition and file shall not be public and
13shall only be accessible to the court, law enforcement,
14petitioner, rape crisis advocate, counsel of record for either
15party, and the State's Attorney for the county until the
16petition is served on the respondent.
17    Accessibility to the petition and file under this
18subsection prior to the petition being served on the
19respondent shall be in accordance with Section 5 of the Court
20Record and Document Accessibility Act.
21    (b) Withdrawal or dismissal of any petition for a civil no
22contact order prior to adjudication where the petitioner is
23represented by the State shall operate as a dismissal without
24prejudice. No action for a civil no contact order shall be
25dismissed because the respondent is being prosecuted for a
26crime against the petitioner. For any action commenced under

 

 

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1item (2) of subsection (a) of this Section, dismissal of the
2conjoined case (or a finding of not guilty) shall not require
3dismissal of the action for a civil no contact order; instead,
4it may be treated as an independent action and, if necessary
5and appropriate, transferred to a different court or division.
6    (c) No fee shall be charged by the clerk of the court for
7filing petitions or modifying or certifying orders. No fee
8shall be charged by the sheriff for service by the sheriff of a
9petition, rule, motion, or order in an action commenced under
10this Section.
11    (d) The court shall provide, through the office of the
12clerk of the court, simplified forms for filing of a petition
13under this Section by any person not represented by counsel.
14(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
15102-853, eff. 1-1-23; revised 12-14-22.)
 
16    (740 ILCS 22/214)
17    Sec. 214. Emergency civil no contact order.
18    (a) An emergency civil no contact order shall issue if the
19petitioner satisfies the requirements of this subsection (a).
20The petitioner shall establish that:
21        (1) the court has jurisdiction under Section 206;
22        (2) the requirements of Section 213 are satisfied; and
23        (3) there is good cause to grant the remedy,
24    regardless of prior service of process or of notice upon
25    the respondent, because the harm which that remedy is

 

 

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1    intended to prevent would be likely to occur if the
2    respondent were given any prior notice, or greater notice
3    than was actually given, of the petitioner's efforts to
4    obtain judicial relief.
5    An emergency civil no contact order shall be issued by the
6court if it appears from the contents of the petition and the
7examination of the petitioner that the averments are
8sufficient to indicate nonconsensual sexual conduct or
9nonconsensual sexual penetration by the respondent and to
10support the granting of relief under the issuance of the civil
11no contact order.
12    An emergency civil no contact order shall be issued if the
13court finds that subsections (1), (2), and (3) above are met.
14    (a-5) When a petition for a civil no contact order is
15granted, the petition, order, and file shall not be public and
16shall only be accessible to the court, law enforcement,
17petitioner, rape crisis advocate, counsel of record for either
18party, and the State's Attorney for the county until the
19petition is served on the respondent.
20    Accessibility to the petition, order, and file under this
21subsection prior to the petition being served on the
22respondent shall be in accordance with Section 5 of the Court
23Record and Document Accessibility Act.
24    (b) If the respondent appears in court for this hearing
25for an emergency order, he or she may elect to file a general
26appearance and testify. Any resulting order may be an

 

 

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1emergency order, governed by this Section. Notwithstanding the
2requirements of this Section, if all requirements of Section
3215 have been met, the court may issue a plenary order.
4    (c) Emergency orders; court holidays and evenings.
5        (1) When the court is unavailable at the close of
6    business, the petitioner may file a petition for a 21-day
7    emergency order before any available circuit judge or
8    associate judge who may grant relief under this Act. If
9    the judge finds that there is an immediate and present
10    danger of abuse against the petitioner and that the
11    petitioner has satisfied the prerequisites set forth in
12    subsection (a), that judge may issue an emergency civil no
13    contact order.
14        (2) The chief judge of the circuit court may designate
15    for each county in the circuit at least one judge to be
16    reasonably available to issue orally, by telephone, by
17    facsimile, or otherwise, an emergency civil no contact
18    order at all times, whether or not the court is in session.
19        (3) Any order issued under this Section and any
20    documentation in support of the order shall be certified
21    on the next court day to the appropriate court. The clerk
22    of that court shall immediately assign a case number, file
23    the petition, order, and other documents with the court,
24    and enter the order of record and file it with the sheriff
25    for service, in accordance with Section 222. Filing the
26    petition shall commence proceedings for further relief

 

 

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1    under Section 202. Failure to comply with the requirements
2    of this paragraph (3) does not affect the validity of the
3    order.
4(Source: P.A. 102-831, eff. 5-13-22.)
 
5    Section 45. The Mental Health and Developmental
6Disabilities Confidentiality Act is amended by changing
7Section 3 as follows:
 
8    (740 ILCS 110/3)  (from Ch. 91 1/2, par. 803)
9    Sec. 3. (a) All records and communications shall be
10confidential and shall not be disclosed except as provided in
11this Act. Unless otherwise expressly provided for in this Act,
12records and communications made or created in the course of
13providing mental health or developmental disabilities services
14shall be protected from disclosure regardless of whether the
15records and communications are made or created in the course
16of a therapeutic relationship.
17    As used in this subsection, "confidential" has the same
18meaning as in paragraph (3) of subsection (b) of Section 5 of
19the Court Record and Document Accessibility Act.
20    (b) A therapist is not required to but may, to the extent
21he determines it necessary and appropriate, keep personal
22notes regarding a recipient. Such personal notes are the work
23product and personal property of the therapist and shall not
24be subject to discovery in any judicial, administrative or

 

 

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1legislative proceeding or any proceeding preliminary thereto.
2    (c) Psychological test material whose disclosure would
3compromise the objectivity or fairness of the testing process
4may not be disclosed to anyone including the subject of the
5test and is not subject to disclosure in any administrative,
6judicial or legislative proceeding. However, any recipient who
7has been the subject of the psychological test shall have the
8right to have all records relating to that test disclosed to
9any psychologist designated by the recipient. Requests for
10such disclosure shall be in writing and shall comply with the
11requirements of subsection (b) of Section 5 of this Act.
12(Source: P.A. 99-28, eff. 1-1-16.)
 
13    Section 50. The Communicable Disease Report Act is amended
14by changing Section 1 as follows:
 
15    (745 ILCS 45/1)  (from Ch. 126, par. 21)
16    Sec. 1. Whenever any statute of this State or any
17ordinance or resolution of a municipal corporation or
18political subdivision enacted pursuant to statute or any rule
19of an administrative agency adopted pursuant to statute
20requires medical practitioners or other persons to report
21cases of injury, medical condition or procedure, communicable
22disease, venereal disease, or sexually transmitted disease to
23any governmental agency or officer, such reports shall be
24confidential, and any medical practitioner or other person

 

 

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1making such report in good faith shall be immune from suit for
2slander or libel based upon any statements contained in such
3report.
4    The identity of any individual who makes a report or who is
5identified in a report of an injury, medical condition or
6procedure, communicable disease, venereal disease, sexually
7transmitted disease, or food-borne illness or an investigation
8conducted pursuant to a report of an injury, medical condition
9or procedure, communicable disease, venereal disease, sexually
10transmitted disease, or food-borne illness shall be
11confidential and the identity of any person making a report or
12named therein shall not be disclosed publicly or in any action
13of any kind in any court or before any tribunal, board or
14agency; provided that records and communications concerning a
15venereal disease or sexually transmitted disease in any minor
16under 11 years of age shall be disclosed in accordance with the
17provisions of the Abused and Neglected Child Reporting Act,
18approved June 26, 1975, as now or hereafter amended.
19    The confidentiality provisions of this Act do not apply to
20the results of tests for diseases conducted pursuant to
21subsections (g) and (g-5) of Section 5-5-3 and subsection (a)
22of Section 3-15-2 of the Unified Code of Corrections.
23    Nothing in this Act prohibits the sharing of information
24as authorized in Section 2.1 of the Department of Public
25Health Act.
26    As used in this Section, "confidential" has the same

 

 

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1meaning as in paragraph (3) of subsection (b) of Section 5 of
2the Court Record and Document Accessibility Act.
3(Source: P.A. 93-829, eff. 7-28-04.)
 
4    Section 55. The Illinois Domestic Violence Act of 1986 is
5amended by changing Sections 202 and 217 as follows:
 
6    (750 ILCS 60/202)  (from Ch. 40, par. 2312-2)
7    Sec. 202. Commencement of action; filing fees; dismissal.
8    (a) How to commence action. Actions for orders of
9protection are commenced:
10        (1) Independently: By filing a petition for an order
11    of protection in any civil court, unless specific courts
12    are designated by local rule or order.
13        (2) In conjunction with another civil proceeding: By
14    filing a petition for an order of protection under the
15    same case number as another civil proceeding involving the
16    parties, including, but not limited to: (i) any proceeding
17    under the Illinois Marriage and Dissolution of Marriage
18    Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
19    and Children Act, or Revised Uniform Reciprocal
20    Enforcement of Support Act or an action for nonsupport
21    brought under Article X of the Illinois Public Aid Code,
22    provided that a petitioner and the respondent are a party
23    to or the subject of that proceeding or (ii) a
24    guardianship proceeding under the Probate Act of 1975, or

 

 

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1    a proceeding for involuntary commitment under the Mental
2    Health and Developmental Disabilities Code, or any
3    proceeding, other than a delinquency petition, under the
4    Juvenile Court Act of 1987, provided that a petitioner or
5    the respondent is a party to or the subject of such
6    proceeding.
7        (3) In conjunction with a delinquency petition or a
8    criminal prosecution as provided in Section 112A-20 of the
9    Code of Criminal Procedure of 1963.
10    (a-1) A petition for an order of protection may be filed in
11person in-person or online.
12    (a-5) When a petition for an emergency order of protection
13is filed, the petition shall not be public publicly available
14until the petition is served on the respondent.
15    Accessibility to the petition under this subsection prior
16to the petition being served on the respondent shall be in
17accordance with Section 5 of the Court Record and Document
18Accessibility Act.
19    (b) Filing, certification, and service fees. No fee shall
20be charged by the clerk for filing, amending, vacating,
21certifying, or photocopying petitions or orders; or for
22issuing alias summons; or for any related filing service. No
23fee shall be charged by the sheriff for service by the sheriff
24of a petition, rule, motion, or order in an action commenced
25under this Section.
26    (c) Dismissal and consolidation. Withdrawal or dismissal

 

 

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1of any petition for an order of protection prior to
2adjudication where the petitioner is represented by the State
3shall operate as a dismissal without prejudice. No action for
4an order of protection shall be dismissed because the
5respondent is being prosecuted for a crime against the
6petitioner. An independent action may be consolidated with
7another civil proceeding, as provided by paragraph (2) of
8subsection (a) of this Section. For any action commenced under
9paragraph (2) or (3) of subsection (a) of this Section,
10dismissal of the conjoined case (or a finding of not guilty)
11shall not require dismissal of the action for the order of
12protection; instead, it may be treated as an independent
13action and, if necessary and appropriate, transferred to a
14different court or division. Dismissal of any conjoined case
15shall not affect the validity of any previously issued order
16of protection, and thereafter subsections (b)(1) and (b)(2) of
17Section 220 shall be inapplicable to such order.
18    (d) Pro se petitions. The court shall provide, through the
19office of the clerk of the court, simplified forms and
20clerical assistance to help with the writing and filing of a
21petition under this Section by any person not represented by
22counsel. In addition, that assistance may be provided by the
23State's Attorney state's attorney.
24    (e) As provided in this subsection, the administrative
25director of the Administrative Office of the Illinois Courts,
26with the approval of the administrative board of the courts,

 

 

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1may adopt rules to establish and implement a pilot program to
2allow the electronic filing of petitions for temporary orders
3of protection and the issuance of such orders by audio-visual
4means to accommodate litigants for whom attendance in court to
5file for and obtain emergency relief would constitute an undue
6hardship or would constitute a risk of harm to the litigant.
7        (1) As used in this subsection:
8            (A) "Electronic means" means any method of
9        transmission of information between computers or other
10        machines designed for the purpose of sending or
11        receiving electronic transmission and that allows for
12        the recipient of information to reproduce the
13        information received in a tangible medium of
14        expression.
15            (B) "Independent audio-visual system" means an
16        electronic system for the transmission and receiving
17        of audio and visual signals, including those with the
18        means to preclude the unauthorized reception and
19        decoding of the signals by commercially available
20        television receivers, channel converters, or other
21        available receiving devices.
22            (C) "Electronic appearance" means an appearance in
23        which one or more of the parties are not present in the
24        court, but in which, by means of an independent
25        audio-visual system, all of the participants are
26        simultaneously able to see and hear reproductions of

 

 

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

 

 

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

 

 

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1        or the sealing and confidentiality of court records in
2        court proceedings or access to court records by the
3        parties to the proceedings.
4        (4) Appearances.
5            (A) All electronic appearances by a petitioner
6        seeking an ex parte temporary order of protection
7        under this subsection (e) are strictly voluntary and
8        the court shall obtain the consent of the petitioner
9        on the record at the commencement of each appearance.
10            (B) Electronic appearances under this subsection
11        (e) shall be recorded and preserved for transcription.
12        Documentary evidence, if any, referred to by a party
13        or witness or the court may be transmitted and
14        submitted and introduced by electronic means.
15(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
16revised 12-13-22.)
 
17    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
18    Sec. 217. Emergency order of protection.
19    (a) Prerequisites. An emergency order of protection shall
20issue if petitioner satisfies the requirements of this
21subsection for one or more of the requested remedies. For each
22remedy requested, the petitioner shall establish that:
23        (1) The court has jurisdiction under Section 208;
24        (2) The requirements of Section 214 are satisfied; and
25        (3) There is good cause to grant the remedy,

 

 

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1    regardless of prior service of process or of notice upon
2    the respondent, because:
3            (i) For the remedies of "prohibition of abuse"
4        described in Section 214(b)(1), "stay away order and
5        additional prohibitions" described in Section
6        214(b)(3), "removal or concealment of minor child"
7        described in Section 214(b)(8), "order to appear"
8        described in Section 214(b)(9), "physical care and
9        possession of the minor child" described in Section
10        214(b)(5), "protection of property" described in
11        Section 214(b)(11), "prohibition of entry" described
12        in Section 214(b)(14), "prohibition of firearm
13        possession" described in Section 214(b)(14.5),
14        "prohibition of access to records" described in
15        Section 214(b)(15), and "injunctive relief" described
16        in Section 214(b)(16), the harm which that remedy is
17        intended to prevent would be likely to occur if the
18        respondent were given any prior notice, or greater
19        notice than was actually given, of the petitioner's
20        efforts to obtain judicial relief;
21            (ii) For the remedy of "grant of exclusive
22        possession of residence" described in Section
23        214(b)(2), the immediate danger of further abuse of
24        the petitioner by the respondent, if the petitioner
25        chooses or had chosen to remain in the residence or
26        household while the respondent was given any prior

 

 

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1        notice or greater notice than was actually given of
2        the petitioner's efforts to obtain judicial relief,
3        outweighs the hardships to the respondent of an
4        emergency order granting the petitioner exclusive
5        possession of the residence or household. This remedy
6        shall not be denied because the petitioner has or
7        could obtain temporary shelter elsewhere while prior
8        notice is given to the respondent, unless the
9        hardships to respondent from exclusion from the home
10        substantially outweigh those to the petitioner;
11            (iii) For the remedy of "possession of personal
12        property" described in Section 214(b)(10), improper
13        disposition of the personal property would be likely
14        to occur if the respondent were given any prior
15        notice, or greater notice than was actually given, of
16        the petitioner's efforts to obtain judicial relief, or
17        the petitioner has an immediate and pressing need for
18        possession of that property.
19    An emergency order may not include the counseling, legal
20custody, payment of support, or monetary compensation
21remedies.
22    (a-5) When a petition for an emergency order of protection
23is granted, the order and file shall not be public and shall
24only be accessible to the court, the petitioner, law
25enforcement, a domestic violence advocate or counselor, the
26counsel of record for either party, and the State's Attorney

 

 

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1for the county until the order is served on the respondent.
2    Accessibility to the order and file under this subsection
3prior to the order being served on the respondent shall be in
4accordance with Section 5 of the Court Record and Document
5Accessibility Act.
6    (b) Appearance by respondent. If the respondent appears in
7court for this hearing for an emergency order, he or she may
8elect to file a general appearance and testify. Any resulting
9order may be an emergency order, governed by this Section.
10Notwithstanding the requirements of this Section, if all
11requirements of Section 218 have been met, the court may issue
12a 30-day interim order.
13    (c) Emergency orders: court holidays and evenings.
14        (1) Prerequisites. When the court is unavailable at
15    the close of business, the petitioner may file a petition
16    for a 21-day emergency order before any available circuit
17    judge or associate judge who may grant relief under this
18    Act. If the judge finds that there is an immediate and
19    present danger of abuse to the petitioner and that the
20    petitioner has satisfied the prerequisites set forth in
21    subsection (a) of Section 217, that judge may issue an
22    emergency order of protection.
23        (1.5) Issuance of order. The chief judge of the
24    circuit court may designate for each county in the circuit
25    at least one judge to be reasonably available to issue
26    orally, by telephone, by facsimile, or otherwise, an

 

 

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1    emergency order of protection at all times, whether or not
2    the court is in session.
3        (2) Certification and transfer. The judge who issued
4    the order under this Section shall promptly communicate or
5    convey the order to the sheriff to facilitate the entry of
6    the order into the Law Enforcement Agencies Data System by
7    the Illinois State Police pursuant to Section 302. Any
8    order issued under this Section and any documentation in
9    support thereof shall be certified on the next court day
10    to the appropriate court. The clerk of that court shall
11    immediately assign a case number, file the petition, order
12    and other documents with the court, and enter the order of
13    record and file it with the sheriff for service, in
14    accordance with Section 222. Filing the petition shall
15    commence proceedings for further relief under Section 202.
16    Failure to comply with the requirements of this subsection
17    shall not affect the validity of the order.
18(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
19102-831, eff. 5-13-22; revised 7-29-22.)
 
20    Section 60. The Probate Act of 1975 is amended by changing
21Section 11a-9 as follows:
 
22    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
23    Sec. 11a-9. Report.
24    (a) The petition for adjudication of disability and for

 

 

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1appointment of a guardian should be accompanied by a report
2which contains (1) a description of the nature and type of the
3respondent's disability and an assessment of how the
4disability impacts on the ability of the respondent to make
5decisions or to function independently; (2) an analysis and
6results of evaluations of the respondent's mental and physical
7condition and, where appropriate, educational condition,
8adaptive behavior and social skills, which have been performed
9within 3 months of the date of the filing of the petition, or,
10in the case of an intellectual disability, a psychological
11evaluation of the respondent that has been performed by a
12clinical psychologist licensed under the Clinical Psychologist
13Licensing Act, within one year of the date of the filing of the
14petition; (3) an opinion as to whether guardianship is needed,
15the type and scope of the guardianship needed, and the reasons
16therefor; (4) a recommendation as to the most suitable living
17arrangement and, where appropriate, treatment or habilitation
18plan for the respondent and the reasons therefor; (5) the
19name, business address, business telephone number, and
20signatures of all persons who performed the evaluations upon
21which the report is based, one of whom shall be a licensed
22physician, or may, in the case of an intellectual disability,
23be a clinical psychologist licensed under the Clinical
24Psychologist Licensing Act, and a statement of the
25certification, license, or other credentials that qualify the
26evaluators who prepared the report.

 

 

HB2624 Engrossed- 34 -LRB103 30697 LNS 57170 b

1    (b) If for any reason no report accompanies the petition,
2the court shall order appropriate evaluations to be performed
3by a qualified person or persons and a report prepared and
4filed with the court at least 10 days prior to the hearing.
5    (b-5) Upon oral or written motion by the respondent or the
6guardian ad litem or upon the court's own motion, the court
7shall appoint one or more independent experts to examine the
8respondent. Upon the filing with the court of a verified
9statement of services rendered by the expert or experts, the
10court shall determine a reasonable fee for the services
11performed. If the respondent is unable to pay the fee, the
12court may enter an order upon the petitioner to pay the entire
13fee or such amount as the respondent is unable to pay. However,
14in cases where the Office of State Guardian is the petitioner,
15consistent with Section 30 of the Guardianship and Advocacy
16Act, no expert services fees shall be assessed against the
17Office of the State Guardian.
18    (c) Unless the court otherwise directs, any report
19prepared pursuant to this Section shall not be made part of the
20public record of the proceedings but shall be available to the
21court or an appellate court in which the proceedings are
22subject to review, to the respondent, the petitioner, the
23guardian, and their attorneys, to the respondent's guardian ad
24litem, and to such other persons as the court may direct.
25    Accessibility to a report prepared pursuant to this
26Section shall be in accordance with Section 5 of the Court

 

 

HB2624 Engrossed- 35 -LRB103 30697 LNS 57170 b

1Record and Document Accessibility Act.
2(Source: P.A. 102-109, eff. 1-1-22.)