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Full Text of HB5510  96th General Assembly

HB5510 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5510

 

Introduced 2/5/2010, by Rep. Keith Farnham

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 60/217   from Ch. 40, par. 2312-17

    Amends the Illinois Domestic Violence Act of 1986. Provides that if an emergency order of protection is issued when the court is not in session, the judge who issued the order shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order by the Department of State Police into the Law Enforcement Agencies Data System.


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A BILL FOR

 

HB5510 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 5. The Illinois Domestic Violence Act of 1986 is
5 amended by changing Section 217 as follows:
 
6     (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
7     Sec. 217. 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 208;
13         (2) The requirements of Section 214 are satisfied; and
14         (3) There is good cause to grant the remedy, regardless
15     of prior service of process or of notice upon the
16     respondent, because:
17             (i) For the remedies of "prohibition of abuse"
18         described in Section 214(b)(1), "stay away order and
19         additional prohibitions" described in Section
20         214(b)(3), "removal or concealment of minor child"
21         described in Section 214(b)(8), "order to appear"
22         described in Section 214(b)(9), "physical care and
23         possession of the minor child" described in Section

 

 

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1         214(b)(5), "protection of property" described in
2         Section 214(b)(11), "prohibition of entry" described
3         in Section 214(b)(14), "prohibition of firearm
4         possession" described in Section 214(b)(14.5),
5         "prohibition of access to records" described in
6         Section 214(b)(15), and "injunctive relief" described
7         in Section 214(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         214(b)(2), the immediate danger of further abuse of
15         petitioner by respondent, if petitioner chooses or had
16         chosen to remain in the residence or household while
17         respondent was given any prior notice or greater notice
18         than was actually given of petitioner's efforts to
19         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 214(b)(10), improper
3         disposition of the personal property would be likely to
4         occur if respondent were given any prior notice, or
5         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 218 have been met, the court may issue
17 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 Act. If
23     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 217, 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 302. Any
13     order issued under this Section and any documentation in
14     support thereof shall be certified on the next court day to
15     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 222. Filing the petition shall
20     commence proceedings for further relief under Section 202.
21     Failure to comply with the requirements of this subsection
22     shall not affect the validity of the order.
23 (Source: P.A. 96-701, eff. 1-1-10.)