HB3161 EngrossedLRB099 07348 HEP 31580 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-10 as follows:
 
6    (725 ILCS 5/112A-10)  (from Ch. 38, par. 112A-10)
7    Sec. 112A-10. Process.
8    (a) Summons. Any action for an order of protection, whether
9commenced alone or in conjunction with another proceeding, is a
10distinct cause of action and requires that a separate summons
11be issued and served, except that in pending criminal cases,
12the summons may be delivered to respondent in open court. The
13summons shall be in the form prescribed by Supreme Court Rule
14101(d), except that it shall require respondent to answer or
15appear within 7 days, and shall be accompanied by the petition
16for the order of protection, any supporting affidavits, if any,
17and any emergency order of protection that has been issued. The
18enforcement of an order of protection under Section 112A-23
19shall not be affected by the lack of service or delivery,
20provided the requirements of subsection (a) of that Section are
21otherwise met.
22    (b) Fees. No fee shall be charged for service of summons.
23    (c) Expedited service. The summons shall be served by the

 

 

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1sheriff or other law enforcement officer at the earliest time
2and shall take precedence over other summonses except those of
3a similar emergency nature. Special process servers may be
4appointed at any time, and their designation shall not affect
5the responsibilities and authority of the sheriff or other
6official process servers. Process shall not be served in court.
7In counties with a population over 3,000,000, a special process
8server may not be appointed if the order of protection grants
9the surrender of a child, the surrender of a firearm or firearm
10owners identification card, or the exclusive possession of a
11shared residence.
12    (d) Remedies requiring actual notice. The counseling,
13payment of support, payment of shelter services, and payment of
14losses remedies provided by paragraphs 4, 12, 13, and 16 of
15subsection (b) of Section 112A-14 may be granted only if
16respondent has been personally served with process, has
17answered or has made a general appearance.
18    (e) Remedies upon constructive notice. Service of process
19on a member of respondent's household or by publication, in
20accordance with Sections 2-203, 2-206 and 2-207 of the Code of
21Civil Procedure, as now or hereafter amended, shall be adequate
22for the remedies provided by paragraphs 1, 2, 3, 5, 6, 7, 8, 9,
2310, 11, 14, 15, and 17 of subsection (b) of Section 112A-14,
24but only if: (i) petitioner has made all reasonable efforts to
25accomplish actual service of process personally upon
26respondent, but respondent cannot be found to effect such

 

 

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1service; and (ii) petitioner files an affidavit or presents
2sworn testimony as to those efforts.
3    (f) Default. A plenary order of protection may be entered
4by default (1) for any of the remedies sought in the petition,
5if respondent has been served with documents in accordance with
6subsection (a) and if respondent then fails to appear on the
7specified return date or on any subsequent hearing date agreed
8to by the parties or set by the court; or (2) for any of the
9remedies provided under subsection (e), if the defendant fails
10to answer or appear in accordance with the date set in the
11publication notice or the return date indicated on the service
12of a household member.
13(Source: P.A. 87-1186.)
 
14    Section 10. The Illinois Domestic Violence Act of 1986 is
15amended by changing Section 210 as follows:
 
16    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
17    Sec. 210. Process.
18    (a) Summons. Any action for an order of protection, whether
19commenced alone or in conjunction with another proceeding, is a
20distinct cause of action and requires that a separate summons
21be issued and served, except that in pending cases the
22following methods may be used:
23        (1) By delivery of the summons to respondent personally
24    in open court in pending civil or criminal cases.

 

 

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1        (2) By notice in accordance with Section 210.1 in civil
2    cases in which the defendant has filed a general
3    appearance.
4    The summons shall be in the form prescribed by Supreme
5Court Rule 101(d), except that it shall require respondent to
6answer or appear within 7 days. Attachments to the summons or
7notice shall include the petition for order of protection and
8supporting affidavits, if any, and any emergency order of
9protection that has been issued. The enforcement of an order of
10protection under Section 223 shall not be affected by the lack
11of service, delivery, or notice, provided the requirements of
12subsection (d) of that Section are otherwise met.
13    (b) Blank.
14    (c) Expedited service. The summons shall be served by the
15sheriff or other law enforcement officer at the earliest time
16and shall take precedence over other summonses except those of
17a similar emergency nature. Special process servers may be
18appointed at any time, and their designation shall not affect
19the responsibilities and authority of the sheriff or other
20official process servers. In counties with a population over
213,000,000, a special process server may not be appointed if the
22order of protection grants the surrender of a child, the
23surrender of a firearm or firearm owners identification card,
24or the exclusive possession of a shared residence.
25    (d) Remedies requiring actual notice. The counseling,
26payment of support, payment of shelter services, and payment of

 

 

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1losses remedies provided by paragraphs 4, 12, 13, and 16 of
2subsection (b) of Section 214 may be granted only if respondent
3has been personally served with process, has answered or has
4made a general appearance.
5    (e) Remedies upon constructive notice. Service of process
6on a member of respondent's household or by publication shall
7be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
86, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
9214, but only if: (i) petitioner has made all reasonable
10efforts to accomplish actual service of process personally upon
11respondent, but respondent cannot be found to effect such
12service and (ii) petitioner files an affidavit or presents
13sworn testimony as to those efforts.
14    (f) Default. A plenary order of protection may be entered
15by default as follows:
16        (1) For any of the remedies sought in the petition, if
17    respondent has been served or given notice in accordance
18    with subsection (a) and if respondent then fails to appear
19    as directed or fails to appear on any subsequent appearance
20    or hearing date agreed to by the parties or set by the
21    court; or
22        (2) For any of the remedies provided in accordance with
23    subsection (e), if respondent fails to answer or appear in
24    accordance with the date set in the publication notice or
25    the return date indicated on the service of a household
26    member.

 

 

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1(Source: P.A. 87-1186; 88-306.)