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| Public Act 094-0360 |
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AN ACT concerning civil liabilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Civil No Contact Order Act is amended by | ||||
changing Sections 213, 214, and 216 as follows:
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(740 ILCS 22/213)
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Sec. 213. Civil no contact order; remedies
remedy.
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(a) If the court finds that the petitioner has been a | ||||
victim of
non-consensual sexual conduct or non-consensual | ||||
sexual penetration, a civil no
contact order shall issue; | ||||
provided that the petitioner must also satisfy the
requirements | ||||
of Section
214 on emergency orders or Section 215 on plenary | ||||
orders. The petitioner
shall not be denied a civil no contact | ||||
order because the petitioner or the
respondent is a minor. The | ||||
court, when
determining whether or not to issue a civil no | ||||
contact order, may not
require physical injury on the person of | ||||
the victim.
Modification and extension of prior civil no | ||||
contact orders shall be in
accordance with this Act.
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(b) A civil no contact order shall order
one or more of the | ||||
following:
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(1) order the respondent to stay away from the | ||||
petitioner; or
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(2) other injunctive relief necessary or appropriate.
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(c) Denial of a remedy may not be based, in whole or in | ||||
part, on
evidence that:
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(1) the respondent has cause for any use of force, | ||||
unless that
cause satisfies the standards for justifiable | ||||
use of force provided
by Article VII of the Criminal Code | ||||
of 1961;
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(2) the respondent was voluntarily intoxicated;
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(3) the petitioner acted in self-defense or defense of | ||||
another,
provided that, if the petitioner utilized force, | ||||
such force was
justifiable under Article VII of the | ||
Criminal Code of 1961;
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(4) the petitioner did not act in self-defense or | ||
defense of
another;
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(5) the petitioner left the residence or household to | ||
avoid
further non-consensual sexual conduct or | ||
non-consensual sexual penetration
by the respondent; or
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(6) the petitioner did not leave the residence or | ||
household to
avoid further non-consensual sexual conduct | ||
or non-consensual sexual
penetration by the respondent.
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(d) Monetary damages are not recoverable as a remedy.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/214)
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Sec. 214. Emergency civil no contact order.
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(a) An emergency civil no contact order shall issue if
the | ||
petitioner satisfies the requirements of this subsection (a). | ||
The
petitioner
shall establish that:
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(1) the court has jurisdiction under Section 206;
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(2) the requirements of Section 213 are satisfied; and
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(3) there is good cause to grant the remedy, regardless | ||
of
prior service of process or of notice upon the | ||
respondent, because
the harm which that remedy is intended | ||
to
prevent would be likely to occur if the respondent were | ||
given
any prior notice, or greater notice than was actually | ||
given, of
the petitioner's efforts to obtain judicial | ||
relief.
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An emergency civil no contact order shall be issued by the | ||
court if it appears from the contents of the petition and the | ||
examination of the petitioner that the averments are sufficient | ||
to indicate nonconsensual sexual conduct or nonconsensual | ||
sexual penetration by the respondent and to support the | ||
granting of relief under the issuance of the civil no contact | ||
order.
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An emergency civil no contact order shall be issued if the | ||
court finds that subsections (1), (2), and (3) above are met.
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(b) If the respondent appears in court for
this hearing for | ||
an emergency order, he or she may elect to file a
general | ||
appearance and testify. Any resulting order may be an emergency
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order, governed by this Section. Notwithstanding the | ||
requirements of
this Section, if all requirements of Section | ||
215 have been met, the
court may issue a plenary order.
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(c) Emergency orders; court holidays and evenings.
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(1) When the court is unavailable at the close
of | ||
business, the petitioner may file a petition for a 21-day
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emergency order before any available circuit judge or | ||
associate
judge who may grant relief under this Act. If the | ||
judge finds that
there is an immediate and present danger | ||
of
abuse against the petitioner and
that the petitioner has | ||
satisfied the prerequisites set forth in
subsection (a), | ||
that judge may issue an emergency
civil no contact order.
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(2) The chief judge of the circuit court
may designate | ||
for each county in the circuit at least one judge to
be | ||
reasonably available to issue orally, by telephone, by | ||
facsimile,
or otherwise, an emergency civil no contact | ||
order at all times, whether
or not the court is in session.
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(3) Any order issued under this
Section and any | ||
documentation in support of the order shall be certified
on | ||
the next court day to the appropriate court. The clerk of | ||
that
court shall immediately assign a case number, file the | ||
petition,
order, and other documents with the court, and | ||
enter the order of
record and file it with the sheriff for | ||
service, in accordance with
Section 222. Filing the | ||
petition shall commence proceedings for
further relief | ||
under Section 202. Failure to comply with the
requirements | ||
of this paragraph (3) does not affect the validity of the
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order.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/216)
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Sec. 216. Duration and extension of orders.
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(a) Unless re-opened or
extended or voided by entry of an | ||
order of greater duration, an emergency
order shall be | ||
effective for not less than 14 nor more than 21 days.
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(b) Except as otherwise provided in
this Section, a plenary | ||
civil no contact order shall be effective for a fixed
period of | ||
time, not to exceed 2 years. A plenary civil no contact order
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entered in conjunction with a criminal prosecution shall remain | ||
in effect as
follows:
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(1) if entered during pre-trial release, until | ||
disposition, withdrawal,
or
dismissal of the underlying | ||
charge; if however, the case is continued as an
independent | ||
cause of action, the order's duration may be for a fixed | ||
period of
time not to exceed 2 years;
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(2) if in effect in conjunction with a bond forfeiture | ||
warrant, until
final disposition or an additional period of | ||
time not exceeding 2 years; no
civil no contact order
order | ||
of protection, however, shall be terminated by a dismissal | ||
that is
accompanied by the issuance of a bond forfeiture | ||
warrant;
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(3) until expiration of any supervision, conditional | ||
discharge,
probation, periodic imprisonment, parole, or | ||
mandatory supervised release and
for an additional period | ||
of time thereafter not exceeding 2 years; or
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(4) until the date set by the court for expiration of | ||
any sentence of
imprisonment and subsequent parole or | ||
mandatory supervised release and for an
additional period | ||
of time thereafter not exceeding 2 years.
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(c) Any emergency or plenary order
may be extended one or | ||
more times, as required, provided that the
requirements of | ||
Section 214 or 215, as appropriate, are satisfied.
If the | ||
motion for extension is uncontested and the petitioner seeks no
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modification of the order, the order may be extended on the | ||
basis of
the petitioner's motion or affidavit stating that | ||
there has been no material
change in relevant circumstances | ||
since entry of the order and stating
the reason for the | ||
requested extension. Extensions may be granted only
in open | ||
court and not under the provisions of subsection (c) of Section
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214, which applies only when the court is unavailable at the | ||
close of
business or on a court holiday.
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(d) Any civil no contact order which would expire
on a | ||
court holiday shall instead expire at the close of the next | ||
court
business day.
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(e) The practice of dismissing or suspending
a criminal | ||
prosecution in exchange for the issuance of a civil no contact
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order undermines the purposes of this Act. This Section shall | ||
not
be construed as encouraging that practice.
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(Source: P.A. 93-236, eff. 1-1-04.)
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