Full Text of SB3667 102nd General Assembly
SB3667 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3667 Introduced 1/21/2022, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/112A-5.5 | | 740 ILCS 21/20 | | 740 ILCS 21/70 | | 740 ILCS 22/202 | | 740 ILCS 22/210 | | 750 ILCS 60/202 | from Ch. 40, par. 2312-2 | 750 ILCS 60/212 | from Ch. 40, par. 2312-12 |
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Amends the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Allows a person to file a petition for a protection order, stalking no contact order, civil no contact order, or order of protection either in-person, by email, or online. Requires a court in a county with a population above 250,000 to offer the option of a remote hearing to a petitioner for a protective order, stalking no contact order, civil no contact order, or order of protection.
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| | A BILL FOR |
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| 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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112A-5.5 as follows: | 6 | | (725 ILCS 5/112A-5.5) | 7 | | Sec. 112A-5.5. Time for filing petition; service on | 8 | | respondent, hearing on petition, and default orders. | 9 | | (a) A petition for a protective order may be filed at any | 10 | | time , in-person, by email, or online, after a criminal charge | 11 | | or delinquency petition is filed and before the charge or | 12 | | delinquency petition is dismissed, the defendant or juvenile | 13 | | is acquitted, or the defendant or juvenile completes service | 14 | | of his or her sentence.
| 15 | | (b) The request for an ex parte protective order may be | 16 | | considered without notice to the respondent under Section | 17 | | 112A-17.5 of this Code. | 18 | | (c) A summons shall be issued and served for a protective | 19 | | order. The summons may be served by delivery to the respondent | 20 | | personally in open court in the criminal or juvenile | 21 | | delinquency proceeding, in the form prescribed by subsection | 22 | | (d) of Supreme Court Rule 101, except that it shall require | 23 | | respondent to answer or appear within 7 days. Attachments to |
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| 1 | | the summons shall include the petition for protective order, | 2 | | supporting affidavits, if any, and any ex parte protective | 3 | | order that has been issued. | 4 | | (d) The summons shall be served by the sheriff or other law | 5 | | enforcement officer at the earliest time available and shall | 6 | | take precedence over any other summons, except those of a | 7 | | similar emergency nature. Attachments to the summons shall | 8 | | include the petition for protective order, supporting | 9 | | affidavits, if any, and any ex parte protective order that has | 10 | | been issued. Special process servers may be appointed at any | 11 | | time and their designation shall not affect the | 12 | | responsibilities and authority of the sheriff or other | 13 | | official process servers. In a county with a population over | 14 | | 3,000,000, a special process server may not be appointed if | 15 | | the protective order grants the surrender of a child, the | 16 | | surrender of a firearm or Firearm Owner's Identification Card, | 17 | | or the exclusive possession of a shared residence. | 18 | | (e) If the respondent is not served within 30 days of the | 19 | | filing of the petition, the court shall schedule a court | 20 | | proceeding on the issue of service. Either the petitioner, the | 21 | | petitioner's counsel, or the State's Attorney shall appear and | 22 | | the court shall either order continued attempts at personal | 23 | | service or shall order service by publication, in accordance | 24 | | with Sections 2-203, 2-206, and 2-207 of the Code of Civil | 25 | | Procedure. | 26 | | (f) The request for a final protective order can be |
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| 1 | | considered at any court proceeding in the delinquency or | 2 | | criminal case after service of the petition. If the petitioner | 3 | | has not been provided notice of the court proceeding at least | 4 | | 10 days in advance of the proceeding, the court shall schedule | 5 | | a hearing on the petition and provide notice to the | 6 | | petitioner. | 7 | | (f-5) A court in a county with a population above 250,000 | 8 | | shall offer the option of a remote hearing to a petitioner for | 9 | | a protective order. Each court shall determine the procedure | 10 | | for a remote hearing. The petitioner and respondent may appear | 11 | | remotely or in-person. | 12 | | The court shall issue and publish a court order, standing | 13 | | order, or local rule detailing information about the process | 14 | | for requesting and participating in a remote court appearance. | 15 | | The court order, standing order, or local rule shall be | 16 | | published on court's website and posted on signs throughout | 17 | | the courthouse, including in the clerk's office. The sign | 18 | | shall be written in plain language and include information | 19 | | about the availability of remote court appearances and the | 20 | | process for requesting a remote hearing. | 21 | | (g) Default orders. | 22 | | (1) A final domestic violence order of protection may | 23 | | be entered by default: | 24 | | (A) for any of the remedies sought in the | 25 | | petition, if respondent has been served with documents | 26 | | under subsection (b) or (c) of this Section and if |
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| 1 | | respondent fails to appear on the specified return | 2 | | date or any subsequent hearing date agreed to by the | 3 | | petitioner and respondent or set by the court; or | 4 | | (B) for any of the remedies provided under | 5 | | paragraph (1), (2), (3), (5), (6), (7), (8), (9), | 6 | | (10), (11), (14), (15), (17), or (18) of subsection | 7 | | (b) of Section 112A-14 of this Code, or if the | 8 | | respondent fails to answer or appear in accordance | 9 | | with the date set in the publication notice or the | 10 | | return date indicated on the service of a household | 11 | | member. | 12 | | (2) A final civil no contact order may be entered by | 13 | | default for any of the remedies provided in Section | 14 | | 112A-14.5 of this Code, if respondent has been served with | 15 | | documents under subsection (b) or (c) of this Section, and | 16 | | if the respondent fails to answer or appear in accordance | 17 | | with the date set in the publication notice or the return | 18 | | date indicated on the service of a household member. | 19 | | (3) A final stalking no contact order may be entered | 20 | | by default for any of the remedies provided by Section | 21 | | 112A-14.7 of this Code, if respondent has been served with | 22 | | documents under subsection (b) or (c) of this Section and | 23 | | if the respondent fails to answer or appear in accordance | 24 | | with the date set in the publication notice or the return | 25 | | date indicated on the service of a household member. | 26 | | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
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| 1 | | Section 10. The Stalking No Contact Order Act is amended | 2 | | by changing Sections 20 and 70 as follows: | 3 | | (740 ILCS 21/20) | 4 | | Sec. 20. Commencement of action; filing fees. | 5 | | (a) An action for a stalking no contact order is | 6 | | commenced: | 7 | | (1) independently, by filing a petition for a stalking | 8 | | no contact order in any civil court, unless specific | 9 | | courts are designated by local rule or order; or | 10 | | (2) in conjunction with a delinquency petition or a | 11 | | criminal prosecution as provided in Article 112A of the | 12 | | Code of Criminal Procedure of 1963. | 13 | | (a-1) A petition for a stalking no contact order may be | 14 | | filed in-person, by email, or online. | 15 | | (a-5) When a petition for an emergency stalking no contact | 16 | | order is filed, the petition shall not be publicly available | 17 | | until the petition is served on the respondent. | 18 | | (b) Withdrawal or dismissal of any petition for a stalking | 19 | | no contact order prior to adjudication where the petitioner is | 20 | | represented by the State shall operate as a dismissal without | 21 | | prejudice. No action for a stalking no contact order shall be | 22 | | dismissed because the respondent is being prosecuted for a | 23 | | crime against the petitioner. For any action commenced under | 24 | | item (2) of subsection (a) of this Section, dismissal of the |
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| 1 | | conjoined case (or a finding of not guilty) shall not require | 2 | | dismissal of the action for a stalking no contact order; | 3 | | instead, it may be treated as an independent action and, if | 4 | | necessary and appropriate, transferred to a different court or | 5 | | division. | 6 | | (c) No fee shall be charged by the clerk of the court for | 7 | | filing petitions or modifying or certifying orders. No fee | 8 | | shall be charged by the sheriff for service by the sheriff of a | 9 | | petition, rule, motion, or order in an action commenced under | 10 | | this Section. | 11 | | (d) The court shall provide, through the office of the | 12 | | clerk of the court, simplified forms for filing of a petition | 13 | | under this Section by any person not represented by counsel.
| 14 | | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .) | 15 | | (740 ILCS 21/70)
| 16 | | Sec. 70. Hearings. | 17 | | (a) A petition for a stalking no contact order shall be | 18 | | treated as an expedited proceeding, and no court may transfer | 19 | | or otherwise decline to decide all or part of such petition. | 20 | | Nothing in this Section shall prevent the court from reserving | 21 | | issues if jurisdiction or notice requirements are not met.
| 22 | | (b) A court in a county with a population above 250,000 | 23 | | shall offer the option of a remote hearing to a petitioner for | 24 | | a stalking no contact order. Each court shall determine the | 25 | | procedure for a remote hearing. The petitioner and respondent |
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| 1 | | may appear remotely or in-person. | 2 | | The court shall issue and publish a court order, standing | 3 | | order, or local rule detailing information about the process | 4 | | for requesting and participating in a remote court appearance. | 5 | | The court order, standing order, or local rule shall be | 6 | | published on court's website and posted on signs throughout | 7 | | the courthouse, including in the clerk's office. The sign | 8 | | shall be written in plain language and include information | 9 | | about the availability of remote court appearances and the | 10 | | process for requesting a remote hearing. | 11 | | (Source: P.A. 96-246, eff. 1-1-10.) | 12 | | Section 15. The Civil no Contact Order Act is amended by | 13 | | changing Sections 202 and 210 as follows:
| 14 | | (740 ILCS 22/202)
| 15 | | Sec. 202. Commencement of action; filing fees.
| 16 | | (a) An action for a civil no contact order is commenced:
| 17 | | (1) independently, by filing a petition for a civil no | 18 | | contact order in any civil court,
unless specific courts | 19 | | are designated by local rule or order; or
| 20 | | (2) in conjunction with a
delinquency
petition or a | 21 | | criminal prosecution as provided in Article 112A of the | 22 | | Code of Criminal Procedure of 1963.
| 23 | | (a-1) A petition for a civil no contact order may be filed | 24 | | in-person, by email, or online. |
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| 1 | | (a-5) When a petition for a civil no contact order is | 2 | | filed, the petition shall not be publicly available until the | 3 | | petition is served on the respondent. | 4 | | (b) Withdrawal or dismissal of any petition for a
civil no | 5 | | contact order
prior to adjudication where the petitioner is | 6 | | represented by the State shall
operate as a dismissal without | 7 | | prejudice. No action for a civil no contact
order shall be | 8 | | dismissed because the respondent is being prosecuted for a | 9 | | crime
against the petitioner. For any action commenced under | 10 | | item (2) of subsection
(a) of
this Section, dismissal of the | 11 | | conjoined case (or a finding of not guilty)
shall not require | 12 | | dismissal of the action for a civil no contact order;
instead, | 13 | | it may be treated as an independent action and, if necessary | 14 | | and
appropriate, transferred to a different court or division.
| 15 | | (c) No fee shall be
charged by the clerk of the court for | 16 | | filing petitions or modifying or
certifying orders. No
fee
| 17 | | shall be charged by the sheriff for service by the sheriff of a
| 18 | | petition, rule, motion, or order in an action commenced under | 19 | | this
Section.
| 20 | | (d) The court shall provide, through the office
of the | 21 | | clerk of the court, simplified forms for filing of a petition | 22 | | under this Section by any
person not represented by counsel.
| 23 | | (Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20 .)
| 24 | | (740 ILCS 22/210)
| 25 | | Sec. 210. Hearings. |
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| 1 | | (a) A petition for a civil no contact order shall be
| 2 | | treated as an expedited proceeding, and no court may transfer | 3 | | or otherwise
decline
to decide all or part of such petition. | 4 | | Nothing in this Section shall prevent
the court from reserving | 5 | | issues if jurisdiction or notice requirements are not
met.
| 6 | | (b) A court in a county with a population above 250,000 | 7 | | shall offer the option of a remote hearing to a petitioner for | 8 | | a civil no contact order. Each court shall determine the | 9 | | procedure for a remote hearing. The petitioner and respondent | 10 | | may appear remotely or in-person. | 11 | | The court shall issue and publish a court order, standing | 12 | | order, or local rule detailing information about the process | 13 | | for requesting and participating in a remote court appearance. | 14 | | The court order, standing order, or local rule shall be | 15 | | published on court's website and posted on signs throughout | 16 | | the courthouse, including in the clerk's office. The sign | 17 | | shall be written in plain language and include information | 18 | | about the availability of remote court appearances and the | 19 | | process for requesting a remote hearing. | 20 | | (Source: P.A. 93-236, eff. 1-1-04.)
| 21 | | Section 20. The Illinois Domestic Violence Act of 1986 is | 22 | | amended by changing Sections 202 and 212 as follows:
| 23 | | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| 24 | | Sec. 202. Commencement of action; filing fees; dismissal.
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| 1 | | (a) How to commence action. Actions for orders of | 2 | | protection are commenced:
| 3 | | (1) Independently: By filing a petition for an order | 4 | | of protection in
any civil court, unless specific courts | 5 | | are designated by local rule or order.
| 6 | | (2) In conjunction with another civil proceeding: By
| 7 | | filing a petition for an order of protection under the | 8 | | same case number
as another civil proceeding involving the | 9 | | parties, including but not
limited to: (i) any proceeding | 10 | | under the Illinois Marriage and Dissolution of
Marriage | 11 | | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | 12 | | and
Children Act, Revised Uniform Reciprocal Enforcement | 13 | | of Support Act or an
action for nonsupport brought under | 14 | | Article X of the
Illinois Public Aid
Code, provided that a | 15 | | petitioner and
the respondent are a party to or the | 16 | | subject of that proceeding or (ii) a
guardianship | 17 | | proceeding under the Probate Act of
1975, or a proceeding | 18 | | for involuntary
commitment under the Mental Health and | 19 | | Developmental Disabilities Code, or
any proceeding, other | 20 | | than a delinquency petition, under the Juvenile Court
Act | 21 | | of 1987, provided that a petitioner or the
respondent is a | 22 | | party to or the subject of such proceeding.
| 23 | | (3) In conjunction with a delinquency petition or a
| 24 | | criminal prosecution as provided in Section 112A-20 of the | 25 | | Code of Criminal Procedure of 1963.
| 26 | | (a-1) A petition for an order of protection may be filed |
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| 1 | | in-person, by email, or online. | 2 | | (a-5) When a petition for an emergency order of protection | 3 | | is filed, the petition shall not be publicly available until | 4 | | the petition is served on the respondent. | 5 | | (b) Filing, certification, and service fees. No fee shall | 6 | | be charged
by the clerk for filing, amending, vacating, | 7 | | certifying, or photocopying
petitions or orders; or for | 8 | | issuing alias summons; or for any
related filing service. No
| 9 | | fee shall be charged by the sheriff for service by the sheriff | 10 | | of a
petition,
rule, motion, or order in an action commenced | 11 | | under this Section.
| 12 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 13 | | of any
petition for an order of protection prior to | 14 | | adjudication where the
petitioner is represented by the State | 15 | | shall operate as a dismissal without
prejudice. No action for | 16 | | an order of protection shall be dismissed because
the | 17 | | respondent is being prosecuted for a crime against the | 18 | | petitioner. An
independent action may be consolidated with | 19 | | another civil proceeding, as
provided by paragraph (2) of | 20 | | subsection (a) of this Section. For any
action commenced under | 21 | | paragraph (2) or (3) of subsection (a) of this Section,
| 22 | | dismissal of the conjoined case (or a finding of not guilty) | 23 | | shall not
require dismissal of the action
for the order of | 24 | | protection; instead, it may be treated as an
independent | 25 | | action and, if necessary and appropriate, transferred to a
| 26 | | different court or division. Dismissal of any conjoined case |
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| 1 | | shall not affect
the
validity of any previously issued order | 2 | | of protection, and thereafter
subsections (b)(1) and (b)(2) of | 3 | | Section 220 shall be inapplicable to
such order.
| 4 | | (d) Pro se petitions. The court shall provide, through the | 5 | | office of
the clerk of the court, simplified forms and | 6 | | clerical assistance to help
with the writing and filing of a | 7 | | petition under this Section by any person
not represented by | 8 | | counsel. In addition, that assistance may be provided
by the | 9 | | state's attorney.
| 10 | | (e)
As provided in this subsection, the administrative | 11 | | director of the Administrative Office of the Illinois Courts, | 12 | | with the approval of the administrative board of the courts, | 13 | | may adopt rules to establish and implement a pilot program to | 14 | | allow the electronic filing of petitions for temporary orders | 15 | | of protection and the issuance of such orders by audio-visual | 16 | | means to accommodate litigants for whom attendance in court to | 17 | | file for and obtain emergency relief would constitute an undue | 18 | | hardship or would constitute a risk of harm to the litigant. | 19 | | (1) As used in this subsection: | 20 | | (A) "Electronic means" means any method of | 21 | | transmission of information between computers or other | 22 | | machines designed for the purpose of sending or | 23 | | receiving electronic transmission and that allows for | 24 | | the recipient of information to reproduce the | 25 | | information received in a tangible medium of | 26 | | expression. |
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| 1 | | (B) "Independent audio-visual system" means an | 2 | | electronic system for the transmission and receiving | 3 | | of audio and visual signals, including those with the | 4 | | means to preclude the unauthorized reception and | 5 | | decoding of the signals by commercially available | 6 | | television receivers, channel converters, or other | 7 | | available receiving devices. | 8 | | (C) "Electronic appearance" means an appearance in | 9 | | which one or more of the parties are not present in the | 10 | | court, but in which, by means of an independent | 11 | | audio-visual system, all of the participants are | 12 | | simultaneously able to see and hear reproductions of | 13 | | the voices and images of the judge, counsel, parties, | 14 | | witnesses, and any other participants. | 15 | | (2) Any pilot program under this subsection (e) shall | 16 | | be developed by the administrative director or his or her | 17 | | delegate in consultation with at least one local | 18 | | organization providing assistance to domestic violence | 19 | | victims. The program plan shall include but not be limited | 20 | | to: | 21 | | (A) identification of agencies equipped with or | 22 | | that have access to an independent audio-visual system | 23 | | and electronic means for filing documents; and | 24 | | (B) identification of one or more organizations | 25 | | who are trained and available to assist petitioners in | 26 | | preparing and filing petitions for temporary orders of |
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| 1 | | protection and in their electronic appearances before | 2 | | the court to obtain such orders; and | 3 | | (C) identification of the existing resources | 4 | | available in local family courts for the | 5 | | implementation and oversight of the pilot program; and | 6 | | (D) procedures for filing petitions and documents | 7 | | by electronic means, swearing in the petitioners and | 8 | | witnesses, preparation of a transcript of testimony | 9 | | and evidence presented, and a prompt transmission of | 10 | | any orders issued to the parties; and | 11 | | (E) a timeline for implementation and a plan for | 12 | | informing the public about the availability of the | 13 | | program; and | 14 | | (F) a description of the data to be collected in | 15 | | order to evaluate and make recommendations for | 16 | | improvements to the pilot program. | 17 | | (3) In conjunction with an electronic appearance, any | 18 | | petitioner for an ex parte temporary order of protection | 19 | | may, using the assistance of a trained advocate if | 20 | | necessary, commence the proceedings by filing a petition | 21 | | by electronic means. | 22 | | (A) A petitioner who is seeking an ex parte | 23 | | temporary order of protection using an electronic | 24 | | appearance must file a petition in advance of the | 25 | | appearance and may do so electronically. | 26 | | (B) The petitioner must show that traveling to or |
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| 1 | | appearing in court would constitute an undue hardship | 2 | | or create a risk of harm to the petitioner. In granting | 3 | | or denying any relief sought by the petitioner, the | 4 | | court shall state the names of all participants and | 5 | | whether it is granting or denying an appearance by | 6 | | electronic means and the basis for such a | 7 | | determination. A party is not required to file a | 8 | | petition or other document by electronic means or to | 9 | | testify by means of an electronic appearance. | 10 | | (C) Nothing in this subsection (e) affects or | 11 | | changes any existing laws governing the service of | 12 | | process, including requirements for personal service | 13 | | or the sealing and confidentiality of court records in | 14 | | court proceedings or access to court records by the | 15 | | parties to the proceedings. | 16 | | (4) Appearances. | 17 | | (A) All electronic appearances by a petitioner | 18 | | seeking an ex parte temporary order of protection | 19 | | under this subsection (e) are strictly voluntary and | 20 | | the court shall obtain the consent of the petitioner | 21 | | on the record at the commencement of each appearance. | 22 | | (B) Electronic appearances under this subsection | 23 | | (e) shall be recorded and preserved for transcription. | 24 | | Documentary evidence, if any, referred to by a party | 25 | | or witness or the court may be transmitted and | 26 | | submitted and introduced by electronic means. |
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| 1 | | (Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17; | 2 | | 101-255, eff. 1-1-20 .)
| 3 | | (750 ILCS 60/212) (from Ch. 40, par. 2312-12)
| 4 | | Sec. 212. Hearings.
| 5 | | (a) A petition for an order of protection shall be
treated | 6 | | as an expedited proceeding, and no court
shall transfer or
| 7 | | otherwise decline to decide all or part of such petition
| 8 | | except as otherwise provided herein. Nothing in this Section
| 9 | | shall prevent the court from reserving issues when | 10 | | jurisdiction or notice
requirements are not met.
| 11 | | (b) Any court or a division thereof which ordinarily does | 12 | | not decide
matters of child custody and family support may | 13 | | decline to decide contested
issues of
physical care, custody, | 14 | | visitation, or family
support unless a decision on one or more | 15 | | of those contested
issues is necessary to
avoid the risk of | 16 | | abuse, neglect, removal from the state or concealment
within | 17 | | the state of the child or of separation of the child from the | 18 | | primary
caretaker.
If the court or division thereof has | 19 | | declined to decide any or all of
these issues, then it shall | 20 | | transfer all undecided issues to the
appropriate court or | 21 | | division.
In the event of such a transfer, a government | 22 | | attorney involved in the
criminal prosecution may, but need | 23 | | not, continue to offer counsel to
petitioner on transferred | 24 | | matters.
| 25 | | (c) If the court transfers or otherwise declines to decide
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| 1 | | any issue,
judgment on that issue shall be expressly reserved | 2 | | and ruling on other
issues shall not be delayed or declined. | 3 | | (d) A court in a county with a population above 250,000 | 4 | | shall offer the option of a remote hearing to a petitioner for | 5 | | an order of protection. Each court shall determine the | 6 | | procedure for a remote hearing. The petitioner and respondent | 7 | | may appear remotely or in-person. | 8 | | The court shall issue and publish a court order, standing | 9 | | order, or local rule detailing information about the process | 10 | | for requesting and participating in a remote court appearance. | 11 | | The court order, standing order, or local rule shall be | 12 | | published on court's website and posted on signs throughout | 13 | | the courthouse, including in the clerk's office. The sign | 14 | | shall be written in plain language and include information | 15 | | about the availability of remote court appearances and the | 16 | | process for requesting a remote hearing.
| 17 | | (Source: P.A. 87-1186.)
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