Full Text of HB5728 99th General Assembly
HB5728 99TH GENERAL ASSEMBLY
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
Introduced , by Rep. Kelly Burke
SYNOPSIS AS INTRODUCED:
750 ILCS 60/217
from Ch. 40, par. 2312-17
Amends the Illinois Domestic Violence Act of 1986. Provides that the
court shall not issue a warrant for the seizure of any firearm in the
possession of a respondent upon an emergency order of protection unless
specified procedural requirements are met.
A BILL FOR
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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Domestic Violence Act of 1986 is
amended by changing Section 217 as follows:
(750 ILCS 60/217)
(from Ch. 40, par. 2312-17)
Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
petitioner satisfies the requirements of this
subsection for one or more of the
requested remedies. For each
remedy requested, petitioner shall establish
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy, regardless
of prior service
of process or of notice upon the
the remedies of "prohibition of abuse"
Section 214(b)(1), "stay away order and
additional prohibitions" described in
214(b)(3), "removal or concealment of minor child"
described in Section
214(b)(8), "order to appear"
described in Section 214(b)(9), "physical
possession of the minor child" described in Section
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"protection of property" described in
Section 214(b)(11), "prohibition
of entry" described
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.5),
"prohibition of access to
records" described in
Section 214(b)(15), and "injunctive relief"
in Section 214(b)(16), the harm which that remedy
intended to prevent would be likely to occur if the
respondent were given
any prior notice, or greater
notice than was actually given, of the
efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
residence" described in Section
214(b)(2), the immediate danger of further
petitioner by respondent,
if petitioner chooses or had
chosen to remain in the residence or household
respondent was given any prior notice or greater notice
actually given of petitioner's efforts to
obtain judicial relief,
outweighs the hardships to
respondent of an emergency order
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain
temporary shelter elsewhere while
prior notice is given to respondent, unless
hardships to respondent from exclusion from the home
those to petitioner;
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(iii) For the remedy of "possession of personal
Section 214(b)(10), improper
disposition of the personal
property would be likely
occur if respondent were given any prior notice, or
greater notice than
was actually given, of
petitioner's efforts to obtain judicial relief, or
petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
of support or monetary compensation remedies.
The court shall not issue a warrant for the seizure of any
firearm in the possession of a respondent upon an emergency
order of protection unless the requirements of subdivision
(b)(14.5)(a)(1) of Section 214 of this Act are met.
(b) Appearance by respondent.
If respondent appears in
court for this hearing for an emergency order,
he or she may
elect to file a general appearance and testify.
order may be an emergency order, governed
by this Section.
Notwithstanding the requirements of this Section, if all
Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at the
business, the petitioner may file a petition for a
21-day emergency order
before any available circuit judge
or associate judge who may grant relief
under this Act. If
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the judge finds that there is an immediate and present
danger of abuse to petitioner and that petitioner has
prerequisites set forth in subsection (a) of
Section 217, that judge may
issue an emergency order of
(1.5) Issuance of order. The chief judge of the circuit
may designate for each county in the circuit at least
one judge to be
reasonably available to
issue orally, by
telephone, by facsimile, or otherwise, an emergency
of protection at all times, whether or not the court is in
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Department of State Police pursuant to Section 302. Any
order issued under this Section and
any documentation in
support thereof shall be certified on the next court
the appropriate court. The clerk of that court shall
assign a case number, file the petition, order
and other documents with the
court, and enter the order of
record and file it with the sheriff for
accordance with Section 222. Filing the petition
commence proceedings for further relief under Section 202.
Failure to comply with the requirements of this subsection
affect the validity of the order.
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(Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)