HB5510 Enrolled LRB096 19632 AJO 35028 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 3. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 112A-17 as follows:
 
6     (725 ILCS 5/112A-17)  (from Ch. 38, par. 112A-17)
7     Sec. 112A-17. Emergency order of protection.
8     (a) Prerequisites. An emergency order of protection shall
9 issue if petitioner satisfies the requirements of this
10 subsection for one or more of the requested remedies. For each
11 remedy requested, petitioner shall establish that:
12         (1) The court has jurisdiction under Section 112A-9;
13         (2) The requirements of Section 112A-14 are satisfied;
14     and
15         (3) There is good cause to grant the remedy, regardless
16     of prior service of process or of notice upon the
17     respondent, because:
18             (i) For the remedies of "prohibition of abuse"
19         described in Section 112A-14(b)(1), "stay away order
20         and additional prohibitions" described in Section
21         112A-14(b)(3), "removal or concealment of minor child"
22         described in Section 112A-14(b)(8), "order to appear"
23         described in Section 112A-14(b)(9), "physical care and

 

 

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1         possession of the minor child" described in Section
2         112A-14(b)(5), "protection of property" described in
3         Section 112A-14(b)(11), "prohibition of entry"
4         described in Section 112A-14(b)(14), "prohibition of
5         access to records" described in Section
6         112A-14(b)(15), and "injunctive relief" described in
7         Section 112A-14(b)(16), the harm which that remedy is
8         intended to prevent would be likely to occur if the
9         respondent were given any prior notice, or greater
10         notice than was actually given, of the petitioner's
11         efforts to obtain judicial relief;
12             (ii) For the remedy of "grant of exclusive
13         possession of residence" described in Section
14         112A-14(b)(2), the immediate danger of further abuse
15         of petitioner by respondent, if petitioner chooses or
16         had chosen to remain in the residence or household
17         while respondent was given any prior notice or greater
18         notice than was actually given of petitioner's efforts
19         to obtain judicial relief, outweighs the hardships to
20         respondent of an emergency order granting petitioner
21         exclusive possession of the residence or household.
22         This remedy shall not be denied because petitioner has
23         or could obtain temporary shelter elsewhere while
24         prior notice is given to respondent, unless the
25         hardships to respondent from exclusion from the home
26         substantially outweigh those to petitioner.

 

 

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1             (iii) For the remedy of "possession of personal
2         property" described in Section 112A-14(b)(10),
3         improper disposition of the personal property would be
4         likely to occur if respondent were given any prior
5         notice, or greater notice than was actually given, of
6         petitioner's efforts to obtain judicial relief, or
7         petitioner has an immediate and pressing need for
8         possession of that property.
9     An emergency order may not include the counseling, legal
10 custody, payment of support or monetary compensation remedies.
11     (b) Appearance by respondent. If respondent appears in
12 court for this hearing for an emergency order, he or she may
13 elect to file a general appearance and testify. Any resulting
14 order may be an emergency order, governed by this Section.
15 Notwithstanding the requirements of this Section, if all
16 requirements of Section 112A-18 have been met, the Court may
17 issue a 30-day interim order.
18     (c) Emergency orders: court holidays and evenings.
19         (1) Prerequisites. When the court is unavailable at the
20     close of business, the petitioner may file a petition for a
21     21-day emergency order before any available circuit judge
22     or associate judge who may grant relief under this Article.
23     If the judge finds that there is an immediate and present
24     danger of abuse to petitioner and that petitioner has
25     satisfied the prerequisites set forth in subsection (a) of
26     Section 112A-17, that judge may issue an emergency order of

 

 

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1     protection.
2         (1.5) Issuance of order. The chief judge of the circuit
3     court may designate for each county in the circuit at least
4     one judge to be reasonably available to issue orally, by
5     telephone, by facsimile, or otherwise, an emergency order
6     of protection at all times, whether or not the court is in
7     session.
8         (2) Certification and transfer. The judge who issued
9     the order under this Section shall promptly communicate or
10     convey the order to the sheriff to facilitate the entry of
11     the order into the Law Enforcement Agencies Data System by
12     the Department of State Police pursuant to Section 112A-28.
13     Any order issued under this Section and any documentation
14     in support thereof shall be certified on the next court day
15     to the appropriate court. The clerk of that court shall
16     immediately assign a case number, file the petition, order
17     and other documents with the court and enter the order of
18     record and file it with the sheriff for service, in
19     accordance with Section 112A-22. Filing the petition shall
20     commence proceedings for further relief, under Section
21     112A-2. Failure to comply with the requirements of this
22     subsection shall not affect the validity of the order.
23 (Source: P.A. 90-392, eff. 1-1-98.)
 
24     Section 5. The Illinois Domestic Violence Act of 1986 is
25 amended by changing Section 217 as follows:
 

 

 

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1     (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
2     Sec. 217. Emergency order of protection.
3     (a) Prerequisites. An emergency order of protection shall
4 issue if petitioner satisfies the requirements of this
5 subsection for one or more of the requested remedies. For each
6 remedy requested, petitioner shall establish that:
7         (1) The court has jurisdiction under Section 208;
8         (2) The requirements of Section 214 are satisfied; and
9         (3) There is good cause to grant the remedy, regardless
10     of prior service of process or of notice upon the
11     respondent, because:
12             (i) For the remedies of "prohibition of abuse"
13         described in Section 214(b)(1), "stay away order and
14         additional prohibitions" described in Section
15         214(b)(3), "removal or concealment of minor child"
16         described in Section 214(b)(8), "order to appear"
17         described in Section 214(b)(9), "physical care and
18         possession of the minor child" described in Section
19         214(b)(5), "protection of property" described in
20         Section 214(b)(11), "prohibition of entry" described
21         in Section 214(b)(14), "prohibition of firearm
22         possession" described in Section 214(b)(14.5),
23         "prohibition of access to records" described in
24         Section 214(b)(15), and "injunctive relief" described
25         in Section 214(b)(16), 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
3         notice than was actually given, of the petitioner's
4         efforts to obtain judicial relief;
5             (ii) For the remedy of "grant of exclusive
6         possession of residence" described in Section
7         214(b)(2), the immediate danger of further abuse of
8         petitioner by respondent, if petitioner chooses or had
9         chosen to remain in the residence or household while
10         respondent was given any prior notice or greater notice
11         than was actually given of petitioner's efforts to
12         obtain judicial relief, outweighs the hardships to
13         respondent of an emergency order granting petitioner
14         exclusive possession of the residence or household.
15         This remedy shall not be denied because petitioner has
16         or could obtain temporary shelter elsewhere while
17         prior notice is given to respondent, unless the
18         hardships to respondent from exclusion from the home
19         substantially outweigh those to petitioner;
20             (iii) For the remedy of "possession of personal
21         property" described in Section 214(b)(10), improper
22         disposition of the personal property would be likely to
23         occur if respondent were given any prior notice, or
24         greater notice than was actually given, of
25         petitioner's efforts to obtain judicial relief, or
26         petitioner has an immediate and pressing need for

 

 

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1         possession of that property.
2     An emergency order may not include the counseling, legal
3 custody, payment of support or monetary compensation remedies.
4     (b) Appearance by respondent. If respondent appears in
5 court for this hearing for an emergency order, he or she may
6 elect to file a general appearance and testify. Any resulting
7 order may be an emergency order, governed by this Section.
8 Notwithstanding the requirements of this Section, if all
9 requirements of Section 218 have been met, the court may issue
10 a 30-day interim order.
11     (c) Emergency orders: court holidays and evenings.
12         (1) Prerequisites. When the court is unavailable at the
13     close of business, the petitioner may file a petition for a
14     21-day emergency order before any available circuit judge
15     or associate judge who may grant relief under this Act. If
16     the judge finds that there is an immediate and present
17     danger of abuse to petitioner and that petitioner has
18     satisfied the prerequisites set forth in subsection (a) of
19     Section 217, that judge may issue an emergency order of
20     protection.
21         (1.5) Issuance of order. The chief judge of the circuit
22     court may designate for each county in the circuit at least
23     one judge to be reasonably available to issue orally, by
24     telephone, by facsimile, or otherwise, an emergency order
25     of protection at all times, whether or not the court is in
26     session.

 

 

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1         (2) Certification and transfer. The judge who issued
2     the order under this Section shall promptly communicate or
3     convey the order to the sheriff to facilitate the entry of
4     the order into the Law Enforcement Agencies Data System by
5     the Department of State Police pursuant to Section 302. Any
6     order issued under this Section and any documentation in
7     support thereof shall be certified on the next court day to
8     the appropriate court. The clerk of that court shall
9     immediately assign a case number, file the petition, order
10     and other documents with the court, and enter the order of
11     record and file it with the sheriff for service, in
12     accordance with Section 222. Filing the petition shall
13     commence proceedings for further relief under Section 202.
14     Failure to comply with the requirements of this subsection
15     shall not affect the validity of the order.
16 (Source: P.A. 96-701, eff. 1-1-10.)