Full Text of HB3161 99th General Assembly
HB3161enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning domestic violence.
| 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-10 as follows:
| 6 | | (725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10)
| 7 | | Sec. 112A-10. Process.
| 8 | | (a) Summons. Any action for an order of
protection, whether | 9 | | commenced alone or in conjunction with another
proceeding, is a | 10 | | distinct cause of action and requires that a separate
summons | 11 | | be issued and served, except that in pending criminal cases, | 12 | | the
summons may be delivered to respondent in open court. The | 13 | | summons shall
be in the form prescribed by Supreme
Court Rule | 14 | | 101(d), except that it shall require respondent to answer or
| 15 | | appear within 7 days, and shall be accompanied by the petition | 16 | | for the
order of protection, any supporting affidavits, if any, | 17 | | and any emergency
order of protection that has been issued. The | 18 | | enforcement of an
order of protection under Section 112A-23 | 19 | | shall not be affected by the lack
of service or delivery, | 20 | | provided the requirements of subsection (a) of that
Section are | 21 | | otherwise met.
| 22 | | (b) Fees. No fee shall be charged for service of summons.
| 23 | | (c) Expedited service. The summons shall be served by the |
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| 1 | | sheriff or
other law enforcement officer at the earliest time | 2 | | and shall take
precedence over other summonses except those of | 3 | | a similar emergency nature.
Special process servers may be | 4 | | appointed at any time, and their
designation shall not affect | 5 | | the responsibilities and authority of the
sheriff or other | 6 | | official process servers. Process shall not be served in court. | 7 | | In counties with a population over 3,000,000, a special process | 8 | | server may not be appointed if the order of protection grants | 9 | | the surrender of a child, the surrender of a firearm or firearm | 10 | | owners identification card, or the exclusive possession of a | 11 | | shared residence.
| 12 | | (d) Remedies requiring actual notice. The counseling, | 13 | | payment of
support, payment of shelter services, and payment of | 14 | | losses remedies
provided by paragraphs 4,
12, 13, and 16 of | 15 | | subsection (b) of Section 112A-14 may be granted only if | 16 | | respondent
has been personally served with process, has | 17 | | answered or has made a general appearance.
| 18 | | (e) Remedies upon constructive notice. Service of process | 19 | | on a member
of respondent's household or by publication, in | 20 | | accordance with Sections
2-203, 2-206 and 2-207 of the Code of | 21 | | Civil Procedure, as now or hereafter
amended, shall be adequate | 22 | | for the remedies provided by paragraphs 1, 2, 3,
5, 6, 7, 8, 9, | 23 | | 10, 11, 14, 15, and 17 of subsection (b) of
Section 112A-14, | 24 | | but only if: (i)
petitioner has made all reasonable efforts to | 25 | | accomplish actual service of
process personally upon | 26 | | respondent, but respondent cannot be found to
effect such |
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| 1 | | service; and (ii) petitioner files an affidavit or presents
| 2 | | sworn testimony as to those efforts.
| 3 | | (f) Default. A plenary order of protection may be entered
| 4 | | by default
(1) for any of the remedies sought in the petition, | 5 | | if respondent has
been served with documents in accordance with | 6 | | subsection (a) and if
respondent then fails to appear on the | 7 | | specified return date or on any
subsequent hearing date agreed | 8 | | to by the parties or set by the court; or (2)
for any of the | 9 | | remedies provided under subsection (e), if
the defendant fails | 10 | | to answer or appear in accordance with the date set in
the | 11 | | publication notice or the return date indicated on the service | 12 | | of a
household member.
| 13 | | (Source: P.A. 87-1186.)
| 14 | | Section 10. The Illinois Domestic Violence Act of 1986 is | 15 | | amended by changing Section 210 as follows:
| 16 | | (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
| 17 | | Sec. 210. Process.
| 18 | | (a) Summons. Any action for an order
of protection, whether | 19 | | commenced alone or in conjunction with another
proceeding, is a | 20 | | distinct cause of action and requires that a separate
summons | 21 | | be issued and served, except that in pending cases the | 22 | | following
methods may be used:
| 23 | | (1) By delivery of the summons to respondent personally | 24 | | in open
court in pending civil or criminal cases.
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| 1 | | (2) By notice in accordance with Section 210.1 in civil | 2 | | cases in which
the defendant has filed a general | 3 | | appearance.
| 4 | | The summons shall be in the form prescribed
by Supreme | 5 | | Court Rule 101(d), except that it shall require respondent to
| 6 | | answer or appear within 7 days.
Attachments to the summons or | 7 | | notice shall include the petition for order
of protection and | 8 | | supporting affidavits, if any, and any emergency order of
| 9 | | protection that has been issued. The enforcement of an order of | 10 | | protection
under Section 223 shall not be affected by the lack | 11 | | of service, delivery,
or notice, provided the requirements of | 12 | | subsection (d) of that Section are
otherwise met.
| 13 | | (b) Blank.
| 14 | | (c) Expedited service. The summons shall be served by the | 15 | | sheriff or
other law enforcement officer at the earliest time | 16 | | and shall take
precedence over other summonses except those of | 17 | | a similar emergency nature.
Special process servers may be | 18 | | appointed at any time, and their
designation shall not affect | 19 | | the responsibilities and authority of the
sheriff or other | 20 | | official process servers. In counties with a population over | 21 | | 3,000,000, a special process server may not be appointed if the | 22 | | order of protection grants the surrender of a child, the | 23 | | surrender of a firearm or firearm owners identification card, | 24 | | or the exclusive possession of a shared residence.
| 25 | | (d) Remedies requiring actual notice. The counseling, | 26 | | payment of
support, payment of shelter services,
and payment of |
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| 1 | | losses remedies provided by paragraphs 4,
12, 13, and 16 of | 2 | | subsection (b) of Section 214 may be granted only if
respondent | 3 | | has
been personally served with process, has answered or has | 4 | | made a general
appearance.
| 5 | | (e) Remedies upon constructive notice. Service of process | 6 | | on a member
of respondent's household or by publication shall | 7 | | be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, | 8 | | 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section | 9 | | 214, but only if: (i) petitioner has made all reasonable
| 10 | | efforts to accomplish actual service of process personally upon | 11 | | respondent,
but respondent cannot be found to effect such | 12 | | service and (ii) petitioner
files an affidavit or presents | 13 | | sworn testimony
as to those efforts.
| 14 | | (f) Default. A plenary order of protection may be entered | 15 | | by default as follows:
| 16 | | (1) For any of the remedies sought in the petition, if | 17 | | respondent
has been served or given notice in accordance | 18 | | with subsection (a) and if
respondent then fails to appear | 19 | | as directed or fails to appear on any subsequent
appearance | 20 | | or hearing date agreed to by the parties or set by the | 21 | | court; or
| 22 | | (2) For any of the remedies provided in accordance with | 23 | | subsection
(e), if respondent fails to answer or appear in | 24 | | accordance with the
date set in the publication notice or | 25 | | the return date indicated on the
service of a household | 26 | | member.
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| 1 | | (Source: P.A. 87-1186; 88-306.)
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