Full Text of HB0280 103rd General Assembly
HB0280ham001 103RD GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 3/27/2024 | | 10300HB0280ham001 | | LRB103 03806 RLC 70988 a |
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| 1 | | AMENDMENT TO HOUSE BILL 280
| 2 | | AMENDMENT NO. ______. Amend House Bill 280 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 5.1015 and 6z-140 as follows: | 6 | | (30 ILCS 105/5.1015 new) | 7 | | Sec. 5.1015. The Domestic Violence Victims' Expense Fund. | 8 | | (30 ILCS 105/6z-140 new) | 9 | | Sec. 6z-140. Domestic Violence Victims' Expense Fund. The | 10 | | Domestic Violence Victims' Expense Fund is created as a | 11 | | special fund in the State treasury. In addition to any other | 12 | | amounts deposited into the Fund, there shall be deposited into | 13 | | the Fund all moneys donated to the State by private | 14 | | individuals or entities for purposes for which moneys in the | 15 | | Fund may be used as provided in this Section. Subject to |
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| 1 | | appropriations, the Department of Human Services shall use | 2 | | moneys in the Fund to make grants to defray the reasonable and | 3 | | necessary travel expenses of victims of domestic violence who | 4 | | were members of the United States Armed Forces when the | 5 | | domestic violence occurred and who have been discharged from | 6 | | the United States Armed Forces to participate and travel to | 7 | | domestic violence proceedings. Military personnel may qualify | 8 | | for and have access to moneys from the Fund for the purposes | 9 | | set forth in this Section. The Department shall adopt rules | 10 | | necessary for making grants under this Section. | 11 | | Section 10. The Code of Criminal Procedure of 1963 is | 12 | | amended by changing Sections 112A-5.5, 112A-6.1, and 112A-23 | 13 | | as follows: | 14 | | (725 ILCS 5/112A-5.5) | 15 | | Sec. 112A-5.5. Time for filing petition; service on | 16 | | respondent, hearing on petition, and default orders. | 17 | | (a) A petition for a protective order may be filed at any | 18 | | time, in person or online, after a criminal charge or | 19 | | delinquency petition is filed and before the charge or | 20 | | delinquency petition is dismissed, the defendant or juvenile | 21 | | is acquitted, or the defendant or juvenile completes service | 22 | | of his or her sentence. | 23 | | (b) The request for an ex parte protective order may be | 24 | | considered without notice to the respondent under Section |
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| 1 | | 112A-17.5 of this Code. | 2 | | (c) A summons shall be issued and served for a protective | 3 | | order. The summons may be served by delivery to the respondent | 4 | | personally in open court in the criminal or juvenile | 5 | | delinquency proceeding, in the form prescribed by subsection | 6 | | (d) of Supreme Court Rule 101, except that it shall require the | 7 | | respondent to answer or appear within 7 days. Attachments to | 8 | | the summons shall include the petition for protective order, | 9 | | supporting affidavits, if any, and any ex parte protective | 10 | | order that has been issued. | 11 | | (d) The summons shall be served by the sheriff or other law | 12 | | enforcement officer at the earliest time available and shall | 13 | | take precedence over any other summons, except those of a | 14 | | similar emergency nature. Attachments to the summons shall | 15 | | include the petition for protective order, supporting | 16 | | affidavits, if any, and any ex parte protective order that has | 17 | | been issued. Special process servers may be appointed at any | 18 | | time and their designation shall not affect the | 19 | | responsibilities and authority of the sheriff or other | 20 | | official process servers. In a county with a population over | 21 | | 3,000,000, a special process server may not be appointed if | 22 | | the protective order grants the surrender of a child, the | 23 | | surrender of a firearm or Firearm Owner's Identification Card, | 24 | | or the exclusive possession of a shared residence. | 25 | | (e) If the respondent is not served within 30 days of the | 26 | | filing of the petition, the court shall schedule a court |
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| 1 | | proceeding on the issue of service. Either the petitioner, the | 2 | | petitioner's counsel, or the State's Attorney shall appear and | 3 | | the court shall either order continued attempts at personal | 4 | | service or shall order service by publication, in accordance | 5 | | with Sections 2-203, 2-206, and 2-207 of the Code of Civil | 6 | | Procedure. | 7 | | (f) The request for a final protective order can be | 8 | | considered at any court proceeding in the delinquency or | 9 | | criminal case after service of the petition. If the petitioner | 10 | | has not been provided notice of the court proceeding at least | 11 | | 10 days in advance of the proceeding, the court shall schedule | 12 | | a hearing on the petition and provide notice to the | 13 | | petitioner. | 14 | | (f-5) Except as provided in subsection ((f-6)), a A court | 15 | | in a county with a population above 250,000 shall offer the | 16 | | option of a remote hearing to a petitioner for a protective | 17 | | order. The court has the discretion to grant or deny the | 18 | | request for a remote hearing. Each court shall determine the | 19 | | procedure for a remote hearing. The petitioner and respondent | 20 | | may appear remotely or in person. | 21 | | (f-6) A court in any circuit, regardless of population, | 22 | | shall adopt a policy allowing petitioners who were members of | 23 | | the United States Armed Forces at the time of the abuse the | 24 | | option of a remote hearing to a petitioner for an order of | 25 | | protection. | 26 | | (f-7) The court shall issue and publish a court order, |
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| 1 | | standing order, or local rule detailing information about the | 2 | | process for requesting and participating in a remote court | 3 | | appearance. The court order, standing order, or local rule | 4 | | shall be published on the court's website and posted on signs | 5 | | throughout the courthouse, including in the clerk's office. | 6 | | The sign shall be written in plain language and include | 7 | | information about the availability of remote court appearances | 8 | | and the process for requesting a remote hearing. | 9 | | (g) Default orders. | 10 | | (1) A final domestic violence order of protection may | 11 | | be entered by default: | 12 | | (A) for any of the remedies sought in the | 13 | | petition, if the respondent has been served with | 14 | | documents under subsection (b) or (c) of this Section | 15 | | and if the respondent fails to appear on the specified | 16 | | return date or any subsequent hearing date agreed to | 17 | | by the petitioner and respondent or set by the court; | 18 | | or | 19 | | (B) for any of the remedies provided under | 20 | | paragraph (1), (2), (3), (5), (6), (7), (8), (9), | 21 | | (10), (11), (14), (15), (17), or (18) of subsection | 22 | | (b) of Section 112A-14 of this Code, or if the | 23 | | respondent fails to answer or appear in accordance | 24 | | with the date set in the publication notice or the | 25 | | return date indicated on the service of a household | 26 | | member. |
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| 1 | | (2) A final civil no contact order may be entered by | 2 | | default for any of the remedies provided in Section | 3 | | 112A-14.5 of this Code, if the respondent has been served | 4 | | with documents under subsection (b) or (c) of this | 5 | | Section, and if the respondent fails to answer or appear | 6 | | in accordance with the date set in the publication notice | 7 | | or the return date indicated on the service of a household | 8 | | member. | 9 | | (3) A final stalking no contact order may be entered | 10 | | by default for any of the remedies provided by Section | 11 | | 112A-14.7 of this Code, if the respondent has been served | 12 | | with documents under subsection (b) or (c) of this Section | 13 | | and if the respondent fails to answer or appear in | 14 | | accordance with the date set in the publication notice or | 15 | | the return date indicated on the service of a household | 16 | | member. | 17 | | (Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.) | 18 | | (725 ILCS 5/112A-6.1) | 19 | | Sec. 112A-6.1. Application of rules of civil procedure; | 20 | | criminal law. | 21 | | (a) Any proceeding to obtain, modify, re-open, or appeal a | 22 | | protective order and service of pleadings and notices shall be | 23 | | governed by the rules of civil procedure of this State. The | 24 | | Code of Civil Procedure and Supreme Court and local court | 25 | | rules applicable to civil proceedings shall apply, except as |
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| 1 | | otherwise provided by law. Civil law on venue, discovery, and | 2 | | penalties for untrue statements shall not apply to protective | 3 | | order proceedings heard under this Article. | 4 | | (b) Criminal law on discovery, venue, and penalties for | 5 | | untrue statements apply to protective order proceedings under | 6 | | this Article. | 7 | | (c) Court proceedings related to the entry of a protective | 8 | | order and the determination of remedies shall not be used to | 9 | | obtain discovery that would not otherwise be available in a | 10 | | criminal prosecution or juvenile delinquency case. | 11 | | (c) The Supreme Court of Illinois may adopt rules that | 12 | | promote the use of attorneys serving on a pro bono basis to | 13 | | represent victims under this Article. | 14 | | (Source: P.A. 100-597, eff. 6-29-18.) | 15 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) | 16 | | Sec. 112A-23. Enforcement of protective orders. | 17 | | (a) When violation is crime. A violation of any protective | 18 | | order, whether issued in a civil, quasi-criminal proceeding or | 19 | | by a military judge or by a military commander of the United | 20 | | States Armed Forces , shall be enforced by a criminal court | 21 | | when: | 22 | | (1) The respondent commits the crime of violation of a | 23 | | domestic violence order of protection pursuant to Section | 24 | | 12-3.4 or 12-30 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, by having knowingly violated: |
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| 1 | | (i) remedies described in paragraph (1), (2), (3), | 2 | | (14), or (14.5) of subsection (b) of Section 112A-14 | 3 | | of this Code, | 4 | | (ii) a remedy, which is substantially similar to | 5 | | the remedies authorized under paragraph (1), (2), (3), | 6 | | (14), or (14.5) of subsection (b) of Section 214 of the | 7 | | Illinois Domestic Violence Act of 1986, in a valid | 8 | | order of protection, which is authorized under the | 9 | | laws of another state, tribe, or United States | 10 | | territory, or | 11 | | (iii) any other remedy when the act constitutes a | 12 | | crime against the protected parties as defined by the | 13 | | Criminal Code of 1961 or the Criminal Code of 2012. | 14 | | Prosecution for a violation of a domestic violence | 15 | | order of protection shall not bar concurrent prosecution | 16 | | for any other crime, including any crime that may have | 17 | | been committed at the time of the violation of the | 18 | | domestic violence order of protection; or | 19 | | (2) The respondent commits the crime of child | 20 | | abduction pursuant to Section 10-5 of the Criminal Code of | 21 | | 1961 or the Criminal Code of 2012, by having knowingly | 22 | | violated: | 23 | | (i) remedies described in paragraph (5), (6), or | 24 | | (8) of subsection (b) of Section 112A-14 of this Code, | 25 | | or | 26 | | (ii) a remedy, which is substantially similar to |
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| 1 | | the remedies authorized under paragraph (1), (5), (6), | 2 | | or (8) of subsection (b) of Section 214 of the Illinois | 3 | | Domestic Violence Act of 1986, in a valid domestic | 4 | | violence order of protection, which is authorized | 5 | | under the laws of another state, tribe, or United | 6 | | States territory. | 7 | | (3) The respondent commits the crime of violation of a | 8 | | civil no contact order when the respondent violates | 9 | | Section 12-3.8 of the Criminal Code of 2012. Prosecution | 10 | | for a violation of a civil no contact order shall not bar | 11 | | concurrent prosecution for any other crime, including any | 12 | | crime that may have been committed at the time of the | 13 | | violation of the civil no contact order. | 14 | | (4) The respondent commits the crime of violation of a | 15 | | stalking no contact order when the respondent violates | 16 | | Section 12-3.9 of the Criminal Code of 2012. Prosecution | 17 | | for a violation of a stalking no contact order shall not | 18 | | bar concurrent prosecution for any other crime, including | 19 | | any crime that may have been committed at the time of the | 20 | | violation of the stalking no contact order. | 21 | | (b) When violation is contempt of court. A violation of | 22 | | any valid protective order, whether issued in a civil or | 23 | | criminal proceeding or by a military judge or by a military | 24 | | commander of the United States Armed Forces , may be enforced | 25 | | through civil or criminal contempt procedures, as appropriate, | 26 | | by any court with jurisdiction, regardless where the act or |
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| 1 | | acts which violated the protective order were committed, to | 2 | | the extent consistent with the venue provisions of this | 3 | | Article. Nothing in this Article shall preclude any Illinois | 4 | | court from enforcing any valid protective order issued in | 5 | | another state. Illinois courts may enforce protective orders | 6 | | through both criminal prosecution and contempt proceedings, | 7 | | unless the action which is second in time is barred by | 8 | | collateral estoppel or the constitutional prohibition against | 9 | | double jeopardy. | 10 | | (1) In a contempt proceeding where the petition for a | 11 | | rule to show cause sets forth facts evidencing an | 12 | | immediate danger that the respondent will flee the | 13 | | jurisdiction, conceal a child, or inflict physical abuse | 14 | | on the petitioner or minor children or on dependent adults | 15 | | in petitioner's care, the court may order the attachment | 16 | | of the respondent without prior service of the rule to | 17 | | show cause or the petition for a rule to show cause. Bond | 18 | | shall be set unless specifically denied in writing. | 19 | | (2) A petition for a rule to show cause for violation | 20 | | of a protective order shall be treated as an expedited | 21 | | proceeding. | 22 | | (c) Violation of custody, allocation of parental | 23 | | responsibility, or support orders. A violation of remedies | 24 | | described in paragraph (5), (6), (8), or (9) of subsection (b) | 25 | | of Section 112A-14 of this Code may be enforced by any remedy | 26 | | provided by Section 607.5 of the Illinois Marriage and |
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| 1 | | Dissolution of Marriage Act. The court may enforce any order | 2 | | for support issued under paragraph (12) of subsection (b) of | 3 | | Section 112A-14 of this Code in the manner provided for under | 4 | | Parts V and VII of the Illinois Marriage and Dissolution of | 5 | | Marriage Act. | 6 | | (d) Actual knowledge. A protective order may be enforced | 7 | | pursuant to this Section if the respondent violates the order | 8 | | after the respondent has actual knowledge of its contents as | 9 | | shown through one of the following means: | 10 | | (1) (Blank). | 11 | | (2) (Blank). | 12 | | (3) By service of a protective order under subsection | 13 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code. | 14 | | (4) By other means demonstrating actual knowledge of | 15 | | the contents of the order. | 16 | | (e) The enforcement of a protective order in civil or | 17 | | criminal court shall not be affected by either of the | 18 | | following: | 19 | | (1) The existence of a separate, correlative order | 20 | | entered under Section 112A-15 of this Code. | 21 | | (2) Any finding or order entered in a conjoined | 22 | | criminal proceeding. | 23 | | (e-5) If a civil no contact order entered under subsection | 24 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 25 | | 1963 conflicts with an order issued pursuant to the Juvenile | 26 | | Court Act of 1987 or the Illinois Marriage and Dissolution of |
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| 1 | | Marriage Act, the conflicting order issued under subsection | 2 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 3 | | 1963 shall be void. | 4 | | (f) Circumstances. The court, when determining whether or | 5 | | not a violation of a protective order has occurred, shall not | 6 | | require physical manifestations of abuse on the person of the | 7 | | victim. | 8 | | (g) Penalties. | 9 | | (1) Except as provided in paragraph (3) of this | 10 | | subsection (g), where the court finds the commission of a | 11 | | crime or contempt of court under subsection (a) or (b) of | 12 | | this Section, the penalty shall be the penalty that | 13 | | generally applies in such criminal or contempt | 14 | | proceedings, and may include one or more of the following: | 15 | | incarceration, payment of restitution, a fine, payment of | 16 | | attorneys' fees and costs, or community service. | 17 | | (2) The court shall hear and take into account | 18 | | evidence of any factors in aggravation or mitigation | 19 | | before deciding an appropriate penalty under paragraph (1) | 20 | | of this subsection (g). | 21 | | (3) To the extent permitted by law, the court is | 22 | | encouraged to: | 23 | | (i) increase the penalty for the knowing violation | 24 | | of any protective order over any penalty previously | 25 | | imposed by any court for respondent's violation of any | 26 | | protective order or penal statute involving petitioner |
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| 1 | | as victim and respondent as defendant; | 2 | | (ii) impose a minimum penalty of 24 hours | 3 | | imprisonment for respondent's first violation of any | 4 | | protective order; and | 5 | | (iii) impose a minimum penalty of 48 hours | 6 | | imprisonment for respondent's second or subsequent | 7 | | violation of a protective order | 8 | | unless the court explicitly finds that an increased | 9 | | penalty or that period of imprisonment would be manifestly | 10 | | unjust. | 11 | | (4) In addition to any other penalties imposed for a | 12 | | violation of a protective order, a criminal court may | 13 | | consider evidence of any violations of a protective order: | 14 | | (i) to modify the conditions of pretrial release | 15 | | on an underlying criminal charge pursuant to Section | 16 | | 110-6 of this Code; | 17 | | (ii) to revoke or modify an order of probation, | 18 | | conditional discharge, or supervision, pursuant to | 19 | | Section 5-6-4 of the Unified Code of Corrections; | 20 | | (iii) to revoke or modify a sentence of periodic | 21 | | imprisonment, pursuant to Section 5-7-2 of the Unified | 22 | | Code of Corrections. | 23 | | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; | 24 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. | 25 | | 7-28-23.) |
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| 1 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 2 | | amended by changing Sections 205, 212, and 222.5 as follows: | 3 | | (750 ILCS 60/205) (from Ch. 40, par. 2312-5) | 4 | | Sec. 205. Application of rules of civil procedure; | 5 | | Domestic abuse advocates. | 6 | | (a) Any proceeding to obtain, modify, reopen or appeal an | 7 | | order of protection, whether commenced alone or in conjunction | 8 | | with a civil or criminal proceeding, shall be governed by the | 9 | | rules of civil procedure of this State. The standard of proof | 10 | | in such a proceeding is proof by a preponderance of the | 11 | | evidence, whether the proceeding is heard in criminal or civil | 12 | | court. The Code of Civil Procedure and Supreme Court and local | 13 | | court rules applicable to civil proceedings, as now or | 14 | | hereafter amended, shall apply, except as otherwise provided | 15 | | by this law. | 16 | | (b) (1) In all circuit court proceedings under this Act, | 17 | | domestic abuse advocates shall be allowed to attend and sit at | 18 | | counsel table and confer with the victim, unless otherwise | 19 | | directed by the court. | 20 | | (2) In criminal proceedings in circuit courts, domestic | 21 | | abuse advocates shall be allowed to accompany the victim and | 22 | | confer with the victim, unless otherwise directed by the | 23 | | court. | 24 | | (3) Court administrators shall allow domestic abuse | 25 | | advocates to assist victims of domestic violence in the |
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| 1 | | preparation of petitions for orders of protection. | 2 | | (4) Domestic abuse advocates are not engaged in the | 3 | | unauthorized practice of law when providing assistance of the | 4 | | types specified in this subsection (b). | 5 | | (c) The Supreme Court of Illinois may adopt rules that | 6 | | promote the use of attorneys serving on a pro bono basis to | 7 | | represent victims under this Act. | 8 | | (Source: P.A. 87-1186; 87-1255; 88-45.) | 9 | | (750 ILCS 60/212) (from Ch. 40, par. 2312-12) | 10 | | Sec. 212. Hearings. | 11 | | (a) A petition for an order of protection shall be treated | 12 | | as an expedited proceeding, and no court shall transfer or | 13 | | otherwise decline to decide all or part of such petition | 14 | | except as otherwise provided herein. Nothing in this Section | 15 | | shall prevent the court from reserving issues when | 16 | | jurisdiction or notice requirements are not met. | 17 | | (b) Any court or a division thereof which ordinarily does | 18 | | not decide matters of child custody and family support may | 19 | | decline to decide contested issues of physical care, custody, | 20 | | visitation, or family support unless a decision on one or more | 21 | | of those contested issues is necessary to avoid the risk of | 22 | | abuse, neglect, removal from the State or concealment within | 23 | | the State of the child or of separation of the child from the | 24 | | primary caretaker. If the court or division thereof has | 25 | | declined to decide any or all of these issues, then it shall |
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| 1 | | transfer all undecided issues to the appropriate court or | 2 | | division. In the event of such a transfer, a government | 3 | | attorney involved in the criminal prosecution may, but need | 4 | | not, continue to offer counsel to the petitioner on | 5 | | transferred matters. | 6 | | (c) If the court transfers or otherwise declines to decide | 7 | | any issue, judgment on that issue shall be expressly reserved | 8 | | and ruling on other issues shall not be delayed or declined. | 9 | | (d) Except as provided in subsection (d-1), a A court in a | 10 | | county with a population above 250,000 shall offer the option | 11 | | of a remote hearing to a petitioner for an order of protection. | 12 | | The court has the discretion to grant or deny the request for a | 13 | | remote hearing. Each court shall determine the procedure for a | 14 | | remote hearing. The petitioner and respondent may appear | 15 | | remotely or in person. | 16 | | (d-1) A court in any circuit, regardless of population, | 17 | | shall adopt a policy allowing petitioners who were members of | 18 | | the United States Armed Forces at the time of the abuse the | 19 | | option of a remote hearing to a petitioner for an order of | 20 | | protection. | 21 | | (d-2) The court shall issue and publish a court order, | 22 | | standing order, or local rule detailing information about the | 23 | | process for requesting and participating in a remote court | 24 | | appearance. The court order, standing order, or local rule | 25 | | shall be published on the court's website and posted on signs | 26 | | throughout the courthouse, including in the clerk's office. |
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| 1 | | The sign shall be written in plain language and include | 2 | | information about the availability of remote court appearances | 3 | | and the process for requesting a remote hearing. | 4 | | (Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.) | 5 | | (750 ILCS 60/222.5) | 6 | | Sec. 222.5. Filing of an order of protection issued in | 7 | | another state or other jurisdiction. | 8 | | (a) A person entitled to protection under an order of | 9 | | protection issued by the court of another state, tribe, or | 10 | | United States territory or military judge or by a military | 11 | | commander of the United States Armed Forces may file a | 12 | | certified copy of the order of protection with the clerk of the | 13 | | court in a judicial circuit in which the person believes that | 14 | | enforcement may be necessary. | 15 | | (a-5) The Illinois National Guard shall file a certified | 16 | | copy of any military order of protection with the clerk of the | 17 | | court in a judicial circuit in which the person entitled to | 18 | | protection resides or if the person entitled to protection is | 19 | | not a State resident, in a judicial circuit in which it is | 20 | | believed that enforcement may be necessary. | 21 | | (b) The clerk shall: | 22 | | (1) treat the foreign order of protection, including, | 23 | | but not limited to, an order of protection issued by a | 24 | | military judge or by a military commander of the United | 25 | | States Armed Forces , in the same manner as a judgment of |
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| 1 | | the circuit court for any county of this State in | 2 | | accordance with the provisions of the Uniform Enforcement | 3 | | of Foreign Judgments Act, except that the clerk shall not | 4 | | mail notice of the filing of the foreign order to the | 5 | | respondent named in the order; and | 6 | | (2) on the same day that a foreign order of protection | 7 | | is filed, file a certified copy of that order with the | 8 | | sheriff or other law enforcement officials charged with | 9 | | maintaining Illinois State Police records as set forth in | 10 | | Section 222 of this Act. | 11 | | (c) Neither residence in this State nor filing of a | 12 | | foreign order of protection, including, but not limited to, an | 13 | | order of protection issued by a military judge or by a military | 14 | | commander of the United States Armed Forces , shall be required | 15 | | for enforcement of the order by this State. Failure to file the | 16 | | foreign order shall not be an impediment to its treatment in | 17 | | all respects as an Illinois order of protection. | 18 | | (d) The clerk shall not charge a fee to file a foreign | 19 | | order of protection under this Section. | 20 | | (e) The sheriff shall inform the Illinois State Police as | 21 | | set forth in Section 302 of this Act. | 22 | | (Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; | 23 | | 103-407, eff. 7-28-23.)". |
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