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92_SB2269ham001
LRB9215838REdvam01
1 AMENDMENT TO SENATE BILL 2269
2 AMENDMENT NO. . Amend Senate Bill 2269 by replacing
3 the title with the following:
4 "AN ACT concerning civil no contact orders."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "ARTICLE I
8 GENERAL PROVISIONS
9 Section 101. Short title. This Act may be cited as the
10 Civil No Contact Order Act.
11 Section 102. Purpose. Sexual assault is the most
12 heinous crime against another person short of murder. Sexual
13 assault inflicts humiliation, degradation, and terror on
14 victims. According to the FBI, a woman is raped every 6
15 minutes in the United States. Rape is recognized as the most
16 underreported crime; estimates suggest that only one in seven
17 rapes is reported to authorities. Victims who do not report
18 the crime still desire safety and protection from future
19 interactions with the offender. Many cases in which the rape
20 is reported are never prosecuted. In these situations, the
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1 victim should be able to seek a simple civil remedy requiring
2 only that the offender stay away from the victim.
3 Section 103. Definitions. As used in this Act:
4 "Abuse" means physical abuse, harassment, intimidation of
5 a dependent, or interference with personal liberty.
6 "Civil no contact order" means an emergency order or
7 plenary order granted under this Act, which includes a remedy
8 authorized by Section 213 of this Act.
9 "Non-consensual" means a lack of freely given agreement.
10 "Petitioner" means any named petitioner for the no
11 contact order or any named victim of non-consensual sexual
12 conduct or non-consensual sexual penetration on whose behalf
13 the petition is brought.
14 "Sexual conduct" means any intentional or knowing
15 touching or fondling by the petitioner or the respondent,
16 either directly or through clothing, of the sex organs, anus,
17 or breast of the petitioner or the respondent, or any part of
18 the body of a child under 13 years of age, or any transfer or
19 transmission of semen by the respondent upon any part of the
20 clothed or unclothed body of the petitioner, for the purpose
21 of sexual gratification or arousal of the petitioner or the
22 respondent.
23 "Sexual penetration" means any contact, however slight,
24 between the sex organ or anus of one person by an object, the
25 sex organ, mouth or anus of another person, or any intrusion,
26 however slight, of any part of the body of one person or of
27 any animal or object into the sex organ or anus of another
28 person, including but not limited to cunnilingus, fellatio or
29 anal penetration. Evidence of emission of semen is not
30 required to prove sexual penetration.
31 ARTICLE II
32 CIVIL NO CONTACT ORDERS
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1 Section 201. Persons protected by this Act. A petition
2 for a civil no contact order may be filed:
3 (1) by any person who is a victim of non-consensual
4 sexual conduct or non-consensual sexual penetration,
5 including a single incident of non-consensual sexual
6 conduct or non-consensual sexual penetration; or
7 (2) by a person on behalf of a minor child or an
8 adult who is a victim of non-consensual sexual conduct or
9 non-consensual sexual penetration but, because of age,
10 disability, health, or inaccessibility, cannot file the
11 petition.
12 Section 202. Commencement of action; filing fees.
13 (a) An action for a civil no contact order is commenced
14 by filing a petition for a civil no contact order in any
15 civil court, unless specific courts are designated by local
16 rule or order.
17 (b) No fee shall be charged by the clerk of the court
18 for filing petitions or certifying orders. No fee shall be
19 charged by the sheriff for service by the sheriff of a
20 petition, rule, motion, or order in an action commenced under
21 this Section.
22 (c) The court shall provide, through the office of the
23 clerk of the court, simplified forms and clerical assistance
24 to help with the writing and filing of a petition under this
25 Section by any person not represented by counsel.
26 Section 203. Pleading; non-disclosure of address.
27 (a) A petition for a civil no contact order shall be in
28 writing and verified or accompanied by affidavit and shall
29 allege that the petitioner has been the victim of
30 non-consensual sexual conduct or non-consensual sexual
31 penetration by the respondent.
32 (b) If the petition states that disclosure of the
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1 petitioner's address would risk abuse of the petitioner or
2 any member of the petitioner's family or household, that
3 address may be omitted from all documents filed with the
4 court. If the petitioner has not disclosed an address under
5 this subsection, the petitioner shall designate an
6 alternative address at which the respondent may serve notice
7 of any motions.
8 Section 204. Application of rules of civil procedure;
9 rape crisis advocates.
10 (a) Any proceeding to obtain, modify, reopen or appeal a
11 civil no contact order shall be governed by the rules of
12 civil procedure of this State. The standard of proof in such
13 a proceeding is proof by a preponderance of the evidence. The
14 Code of Civil Procedure and Supreme Court and local court
15 rules applicable to civil proceedings shall apply, except as
16 otherwise provided by this Act.
17 (b) In circuit courts, rape crisis advocates shall be
18 allowed to accompany the victim and confer with the victim,
19 unless otherwise directed by the court. Court administrators
20 shall allow rape crisis advocates to assist victims of
21 non-consensual sexual conduct or non-consensual sexual
22 penetration in the preparation of petitions for civil no
23 contact orders. Rape crisis advocates are not engaged in the
24 unauthorized practice of law when providing assistance of the
25 types specified in this subsection (b).
26 Section 205. Subject matter jurisdiction. Each of the
27 circuit courts has the power to issue civil no contact
28 orders.
29 Section 206. Jurisdiction over persons. The courts of
30 this State have jurisdiction to bind (1) State residents and
31 (2) non-residents having minimum contacts with this State, to
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1 the extent permitted by the long-arm statute, Section 2-209
2 of the Code of Civil Procedure.
3 Section 207. Venue. A petition for a civil no contact
4 order may be filed in any county where (1) the petitioner
5 resides, (2) the respondent resides, or (3) the alleged
6 non-consensual sexual conduct or non-consensual sexual
7 penetration occurred.
8 Section 208. Process.
9 (a) Any action for a civil no contact order requires
10 that a separate summons be issued and served. The summons
11 shall be in the form prescribed by Supreme Court Rule 101(d),
12 except that it shall require the respondent to answer or
13 appear within 7 days. Attachments to the summons or notice
14 shall include the petition for civil no contact order and
15 supporting affidavits, if any, and any emergency civil no
16 contact order that has been issued.
17 (b) The summons shall be served by the sheriff or other
18 law enforcement officer at the earliest time and shall take
19 precedence over other summonses except those of a similar
20 emergency nature. Special process servers may be appointed at
21 any time, and their designation shall not affect the
22 responsibilities and authority of the sheriff or other
23 official process servers.
24 (c) Service of process on a member of the respondent's
25 household or by publication shall be adequate if: (1) the
26 petitioner has made all reasonable efforts to accomplish
27 actual service of process personally upon the respondent, but
28 the respondent cannot be found to effect such service; and
29 (2) the petitioner files an affidavit or presents sworn
30 testimony as to those efforts.
31 (d) A plenary civil no contact order may be entered by
32 default for the remedy sought in the petition, if the
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1 respondent has been served or given notice in accordance with
2 subsection (a) and if the respondent then fails to appear as
3 directed or fails to appear on any subsequent appearance or
4 hearing date agreed to by the parties or set by the court.
5 Section 209. Service of notice of hearings. Except as
6 provided in Section 208, notice of hearings on petitions or
7 motions shall be served in accordance with Supreme Court
8 Rules 11 and 12, unless notice is excused by Section 214 of
9 this Act or by the Code of Civil Procedure, Supreme Court
10 Rules, or local rules.
11 Section 210. Hearings. A petition for a civil no contact
12 order shall be treated as an expedited proceeding, and no
13 court may transfer or otherwise decline to decide all or part
14 of such petition. Nothing in this Section shall prevent the
15 court from reserving issues if jurisdiction or notice
16 requirements are not met.
17 Section 211. Continuances.
18 (a) Petitions for emergency remedies shall be granted or
19 denied in accordance with the standards of Section 214,
20 regardless of the respondent's appearance or presence in
21 court.
22 (b) Any action for a civil no contact order is an
23 expedited proceeding. Continuances shall be granted only for
24 good cause shown and kept to the minimum reasonable duration,
25 taking into account the reasons for the continuance.
26 Section 212. Hearsay exception.
27 (a) In proceedings for a no contact order and
28 prosecutions for violating a no-contact order, the prior
29 sexual activity or the reputation of the petitioner is
30 inadmissible except:
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1 (1) as evidence concerning the past sexual conduct
2 of the petitioner with the respondent when this evidence
3 is offered by the respondent upon the issue of whether
4 the petitioner consented to the sexual conduct with
5 respect to which the offense is alleged; or
6 (2) when constitutionally required to be admitted.
7 (b) No evidence admissible under this Section may be
8 introduced unless ruled admissible by the trial judge after
9 an offer of proof has been made at a hearing held in camera
10 to determine whether the respondent has evidence to impeach
11 the witness in the event that prior sexual activity with the
12 respondent is denied. The offer of proof shall include
13 reasonably specific information as to the date, time, and
14 place of the past sexual conduct between the petitioner and
15 the respondent. Unless the court finds that reasonably
16 specific information as to date, time, or place, or some
17 combination thereof, has been offered as to prior sexual
18 activity with the respondent, counsel for the respondent
19 shall be ordered to refrain from inquiring into prior sexual
20 activity between the petitioner and the respondent. The court
21 may not admit evidence under this Section unless it
22 determines at the hearing that the evidence is relevant and
23 the probative value of the evidence outweighs the danger of
24 unfair prejudice. The evidence shall be admissible at trial
25 to the extent an order made by the court specifies the
26 evidence that may be admitted and areas with respect to which
27 the petitioner may be examined or cross examined.
28 Section 213. Civil no contact order; remedy.
29 (a) If the court finds that the petitioner has been a
30 victim of non-consensual sexual conduct or non-consensual
31 sexual penetration, a civil no contact order shall issue;
32 provided that the petitioner must also satisfy the
33 requirements of Section 214 on emergency orders or Section
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1 215 on plenary orders. The petitioner shall not be denied a
2 civil no contact order because the petitioner or the
3 respondent is a minor. The court, when determining whether or
4 not to issue a civil no contact order, may not require
5 physical injury on the person of the victim. Modification and
6 extension of prior civil no contact orders shall be in
7 accordance with this Act.
8 (b) A civil no contact order shall order the respondent
9 to stay away from the petitioner or any other person
10 protected by the civil no contact order, or prohibit the
11 respondent from entering or remaining present at the
12 petitioner's school, place of employment, or other specified
13 places at times when the petitioner is present, or both, if
14 reasonable, given the balance of hardships. Hardships need
15 not be balanced for the court to enter a stay away order or
16 prohibit entry if the respondent has no right to enter the
17 premises.
18 (c) Denial of a remedy may not be based, in whole or in
19 part, on evidence that:
20 (1) the respondent has cause for any use of force,
21 unless that cause satisfies the standards for justifiable
22 use of force provided by Article VII of the Criminal Code
23 of 1961;
24 (2) the respondent was voluntarily intoxicated;
25 (3) the petitioner acted in self-defense or defense
26 of another, provided that, if the petitioner utilized
27 force, such force was justifiable under Article VII of
28 the Criminal Code of 1961;
29 (4) the petitioner did not act in self-defense or
30 defense of another;
31 (5) the petitioner left the residence or household
32 to avoid further non-consensual sexual conduct or
33 non-consensual sexual penetration by the respondent; or
34 (6) the petitioner did not leave the residence or
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1 household to avoid further non-consensual sexual conduct
2 or non-consensual sexual penetration by the respondent.
3 (d) Monetary damages are not recoverable as a remedy.
4 Section 214. Emergency civil no contact order.
5 (a) An emergency civil no contact order shall issue if
6 the petitioner satisfies the requirements of this subsection
7 (a). The petitioner shall establish that:
8 (1) the court has jurisdiction under Section 208;
9 (2) the requirements of Section 213 are satisfied;
10 and
11 (3) there is good cause to grant the remedy,
12 regardless of prior service of process or of notice upon
13 the respondent, because the harm which that remedy is
14 intended to prevent would be likely to occur if the
15 respondent were given any prior notice, or greater notice
16 than was actually given, of the petitioner's efforts to
17 obtain judicial relief.
18 (b) If the respondent appears in court for this hearing
19 for an emergency order, he or she may elect to file a general
20 appearance and testify. Any resulting order may be an
21 emergency order, governed by this Section. Notwithstanding
22 the requirements of this Section, if all requirements of
23 Section 215 have been met, the court may issue a plenary
24 order.
25 (c) Emergency orders; court holidays and evenings.
26 (1) When the court is unavailable at the close of
27 business, the petitioner may file a petition for a 21-day
28 emergency order before any available circuit judge or
29 associate judge who may grant relief under this Act. If
30 the judge finds that there is an immediate and present
31 danger of abuse against the petitioner and that the
32 petitioner has satisfied the prerequisites set forth in
33 subsection (a), that judge may issue an emergency civil
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1 no contact order.
2 (2) The chief judge of the circuit court may
3 designate for each county in the circuit at least one
4 judge to be reasonably available to issue orally, by
5 telephone, by facsimile, or otherwise, an emergency civil
6 no contact order at all times, whether or not the court
7 is in session.
8 (3) Any order issued under this Section and any
9 documentation in support of the order shall be certified
10 on the next court day to the appropriate court. The clerk
11 of that court shall immediately assign a case number,
12 file the petition, order, and other documents with the
13 court, and enter the order of record and file it with the
14 sheriff for service, in accordance with Section 222.
15 Filing the petition shall commence proceedings for
16 further relief under Section 202. Failure to comply with
17 the requirements of this paragraph (3) does not affect
18 the validity of the order.
19 Section 215. Plenary civil no contact order. A plenary
20 civil no contact order shall issue if the petitioner has
21 served notice of the hearing for that order on the
22 respondent, in accordance with Section 209, and satisfies the
23 requirements of this Section. The petitioner must establish
24 that:
25 (1) the court has jurisdiction under Section 206;
26 (2) the requirements of Section 213 are satisfied;
27 (3) a general appearance was made or filed by or
28 for the respondent or process was served on the
29 respondent in the manner required by Section 208; and
30 (4) the respondent has answered or is in default.
31 Section 216. Duration and extension of orders.
32 (a) Unless re-opened or extended or voided by entry of
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1 an order of greater duration, an emergency order shall be
2 effective for not less than 14 nor more than 21 days.
3 (b) Except as otherwise provided in this Section, a
4 plenary civil no contact order shall be effective for a fixed
5 period of time, not to exceed 2 years. A plenary civil no
6 contact order entered in conjunction with another civil
7 proceeding shall remain in effect as follows:
8 (1) if entered as preliminary relief in that other
9 proceeding, until entry of final judgment in that other
10 proceeding;
11 (2) if incorporated into the final judgment in that
12 other proceeding, until the civil no contact order is
13 vacated or modified; or
14 (3) if incorporated in an order for involuntary
15 commitment, until termination of both the involuntary
16 commitment and any voluntary commitment, or for a fixed
17 period of time not exceeding 2 years.
18 (b) Any emergency or plenary order may be extended one
19 or more times, as required, provided that the requirements of
20 Section 214 or 215, as appropriate, are satisfied. If the
21 motion for extension is uncontested and the petitioner seeks
22 no modification of the order, the order may be extended on
23 the basis of the petitioner's motion or affidavit stating
24 that there has been no material change in relevant
25 circumstances since entry of the order and stating the reason
26 for the requested extension. Extensions may be granted only
27 in open court and not under the provisions of subsection (c)
28 of Section 214, which applies only when the court is
29 unavailable at the close of business or on a court holiday.
30 (c) Any civil no contact order which would expire on a
31 court holiday shall instead expire at the close of the next
32 court business day.
33 (d) The practice of dismissing or suspending a criminal
34 prosecution in exchange for the issuance of a civil no
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1 contact order undermines the purposes of this Act. This
2 Section shall not be construed as encouraging that practice.
3 Section 217. Contents of orders.
4 (a) Any civil no contact order shall describe each
5 remedy granted by the court, in reasonable detail and not by
6 reference to any other document, so that the respondent may
7 clearly understand what he or she must do or refrain from
8 doing.
9 (b) A civil no contact order shall further state the
10 following:
11 (1) The name of each petitioner that the court
12 finds was the victim of non-consensual sexual conduct or
13 non-consensual sexual penetration by the respondent and
14 the name of each other person protected by the order and
15 that the person is protected by this Act.
16 (2) The date and time the civil no contact order
17 was issued, whether it is an emergency or plenary order,
18 and the duration of the order.
19 (3) The date, time, and place for any scheduled
20 hearing for extension of that civil no contact order or
21 for another order of greater duration or scope.
22 (4) For each remedy in an emergency civil no
23 contact order, the reason for entering that remedy
24 without prior notice to the respondent or greater notice
25 than was actually given.
26 (c) A civil no contact order shall include the following
27 notice, printed in conspicuous type: "Any knowing violation
28 of a civil no contact order is a Class A misdemeanor. Any
29 second or subsequent violation is a Class 4 felony."
30 Section 218. Notice of orders.
31 (a) Upon issuance of any civil no contact order, the
32 clerk shall immediately, or on the next court day if an
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1 emergency order is issued in accordance with subsection (c)
2 of Section 214:
3 (1) enter the order on the record and file it in
4 accordance with the circuit court procedures; and
5 (2) provide a file stamped copy of the order to the
6 respondent, if present, and to the petitioner.
7 (b) The clerk of the issuing judge shall, or the
8 petitioner may, on the same day that a civil no contact order
9 is issued, file a certified copy of that order with the
10 sheriff or other law enforcement officials charged with
11 maintaining Department of State Police records or charged
12 with serving the order upon the respondent. If the order was
13 issued in accordance with subsection (c) of Section 214, the
14 clerk shall, on the next court day, file a certified copy of
15 the order with the Sheriff or other law enforcement officials
16 charged with maintaining Department of State Police records.
17 (c) Unless the respondent was present in court when the
18 order was issued, the sheriff, other law enforcement
19 official, or special process server shall promptly serve that
20 order upon the respondent and file proof of such service in
21 the manner provided for service of process in civil
22 proceedings. If process has not yet been served upon the
23 respondent, it shall be served with the order or short form
24 notification. A single fee may be charged for service of an
25 order obtained in civil court, or for service of such an
26 order together with process, unless waived or deferred under
27 Section 208.
28 (d) If the person against whom the civil no contact
29 order is issued is arrested and the written order is issued
30 in accordance with subsection (c) of Section 214 and received
31 by the custodial law enforcement agency before the respondent
32 or arrestee is released from custody, the custodial law
33 enforcement agent shall promptly serve the order upon the
34 respondent or arrestee before the respondent or arrestee is
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1 released from custody. In no event shall detention of the
2 respondent or arrestee be extended for hearing on the
3 petition for civil no contact order or receipt of the order
4 issued under Section 214 of this Act.
5 (e) Any order extending, modifying, or revoking any
6 civil no contact order shall be promptly recorded, issued,
7 and served as provided in this Section.
8 (f) Upon the request of the petitioner, within 24 hours
9 of the issuance of a civil no contact order, the clerk of the
10 issuing judge shall send written notice of the order along
11 with a certified copy of the order to any school, college, or
12 university at which the petitioner is enrolled.
13 Section 219. Violation. A knowing violation of a civil no
14 contact order is a Class A misdemeanor. A second or
15 subsequent violation is a Class 4 felony.
16 ARTICLE III
17 LAW ENFORCEMENT RESPONSIBILITIES
18 Section 301. Arrest without warrant.
19 (a) Any law enforcement officer may make an arrest
20 without warrant if the officer has probable cause to believe
21 that the person has committed or is committing a violation of
22 a civil no contact order.
23 (b) The law enforcement officer may verify the existence
24 of a civil no contact order by telephone or radio
25 communication with his or her law enforcement agency or by
26 referring to the copy of the order provided by the petitioner
27 or the respondent.
28 Section 302. Data maintenance by law enforcement
29 agencies.
30 (a) All sheriffs shall furnish to the Department of
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1 State Police, on the same day as received, in the form and
2 detail the Department requires, copies of any recorded
3 emergency or plenary civil no contact orders issued by the
4 court and transmitted to the sheriff by the clerk of the
5 court in accordance with subsection (b) of Section 218 of
6 this Act. Each civil no contact order shall be entered in the
7 Law Enforcement Agencies Data System on the same day it is
8 issued by the court. If an emergency civil no contact order
9 was issued in accordance with subsection (c) of Section 214,
10 the order shall be entered in the Law Enforcement Agencies
11 Data System as soon as possible after receipt from the clerk
12 of the court.
13 (b) The Department of State Police shall maintain a
14 complete and systematic record and index of all valid and
15 recorded civil no contact orders issued under this Act. The
16 data shall be used to inform all dispatchers and law
17 enforcement officers at the scene of an alleged incident of
18 non-consensual sexual conduct or non-consensual sexual
19 penetration or violation of a civil no contact order of any
20 recorded prior incident of non-consensual sexual conduct or
21 non-consensual sexual penetration involving the victim and
22 the effective dates and terms of any recorded civil no
23 contact order.".