The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
093_HB1400ham001
LRB093 07935 LCB 12304 a
1 AMENDMENT TO HOUSE BILL 1400
2 AMENDMENT NO. . Amend House Bill 1400, on page 3, by
3 replacing lines 2 through 5 with the following:
4 "(a) An action for a civil no contact order is
5 commenced:
6 (1) independently, by filing a civil no contact
7 order in any civil court, unless specific courts are
8 designated by local rule or order; or
9 (2) in conjunction with a delinquency petition or a
10 criminal prosecution, by filing a petition for a civil no
11 contact order under the same case number as the
12 delinquency petition or criminal prosecution, to be
13 granted during pre-trial release of a defendant, with any
14 dispositional order issued under Section 5-710 of the
15 Juvenile Court Act of 1987 or as a condition of release,
16 supervision, conditional discharge, probation, periodic
17 imprisonment, parole, or mandatory supervised release, or
18 in conjunction with imprisonment or a bond forfeiture
19 warrant, provided that (i) the violation is alleged in an
20 information, complaint, indictment, or delinquency
21 petition on file and the alleged victim is a person
22 protected by this Act, and (ii) the petition, which is
23 filed by the State's Attorney, names a victim of the
-2- LRB093 07935 LCB 12304 a
1 alleged crime as a petitioner.
2 (b) Withdrawal or dismissal of any petition for a civil
3 no contact order prior to adjudication where the petitioner
4 is represented by the State shall operate as a dismissal
5 without prejudice. No action for a civil no contact order
6 shall be dismissed because the respondent is being prosecuted
7 for a crime against the petitioner. For any action commenced
8 under item (2) of subsection (a) of this Section, dismissal
9 of the conjoined case (or a finding of not guilty) shall not
10 require dismissal of the action for a civil no contact order;
11 instead, it may be treated as an independent action and, if
12 necessary and appropriate, transferred to a different court
13 or division."; and
14 on page 3, line 6, by replacing "(b)" with "(c)"; and
15 on page 3, line 11 by replacing "(c)" with "(d)"; and
16 on page 4, line 21 by replacing "order of protection" with
17 "civil no contact order"; and
18 on page 8, by replacing lines 5 through 18 with the
19 following:
20 "(b) A civil no contact order shall order one or more of
21 the following:
22 (1) order the respondent to stay away from the
23 petitioner;
24 (2) order the respondent to stay away from any
25 other person protected by the civil no contact order;
26 (3) prohibit the respondent from abuse, as defined
27 in this Act, or stalking of the petitioner, as defined in
28 Section 12-7.3 of the Criminal Code of 1961, if the abuse
29 or stalking has occurred or otherwise appears likely to
30 occur if not prohibited; or
31 (4) prohibit the respondent from entering or
-3- LRB093 07935 LCB 12304 a
1 remaining present at the petitioner's school or place of
2 employment, or both, or other specified places at times
3 when the petitioner is present, if reasonable, given the
4 balance of hardships. Hardships need not be balanced for
5 the court to enter a stay away order or prohibit entry if
6 the respondent has no right to enter the premises."; and
7 on page 9, line 6, by replacing "an order of protection" with
8 "a civil no contact order"; and
9 on page 11, by replacing lines 12 through 24 with the
10 following:
11 "period of time, not to exceed 2 years. A plenary civil
12 no contact order entered in conjunction with a criminal
13 prosecution shall remain in effect as follows:
14 (1) 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
18 duration may be for a fixed period of time not to
19 exceed 2 years;
20 (2) 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
24 a dismissal that is accompanied by the issuance of a
25 bond forfeiture warrant;
26 (3) until expiration of any supervision,
27 conditional discharge, probation, periodic
28 imprisonment, parole, or mandatory supervised
29 release and for an additional period of time
30 thereafter not exceeding 2 years; or
31 (4) until the date set by the court for
32 expiration of any sentence of imprisonment and
33 subsequent parole or mandatory supervised release
-4- LRB093 07935 LCB 12304 a
1 and for an additional period of time thereafter not
2 exceeding 2 years."; and
3 on page 11, line 25 by replacing "(b)" with "(c)"; and
4 on page 12, line 4 by replacing "(c)" with "(d)"; and
5 on page 12, line 7 by replacing "(d)" with "(e)".
This site is maintained for the Illinois General Assembly
by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706
Contact ILGA Webmaster