Public Act 102-0831
 
SB3157 EnrolledLRB102 20296 LNS 29148 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Stalking No Contact Order Act is amended  by 
changing Sections 20 and 95 as follows:
 
    (740 ILCS 21/20)
    Sec. 20. Commencement of action; filing fees.
    (a) An action for a stalking no contact  order is 
commenced:
        (1) independently, by filing a petition for a stalking 
    no contact  order in any civil court, unless specific 
    courts are designated by local rule or order; or
        (2) in conjunction with a delinquency petition or a 
    criminal prosecution as provided in Article 112A of the 
    Code of Criminal Procedure of 1963.
    (a-5) When a petition for an emergency stalking no contact 
order is filed, the petition and file shall not be public and 
shall only be accessible to the court, law enforcement, 
petitioner, victim advocate, counsel of record for either 
party, and the State's Attorney for the county shall not be 
publicly available until the petition is served on the 
respondent. 
    (b) Withdrawal or dismissal of any petition for a stalking 
no contact order prior to adjudication where the petitioner is 
represented by the State shall operate as a dismissal without 
prejudice. No action for a stalking no contact order shall be 
dismissed because the respondent is being prosecuted for a 
crime against the petitioner. For any action commenced under 
item (2) of subsection (a) of this Section, dismissal of the 
conjoined case (or a finding of not guilty) shall not require 
dismissal of the action for a stalking no contact  order; 
instead, it may be treated as an independent action and, if 
necessary and appropriate, transferred to a different court or 
division.
    (c) No fee shall be charged by the clerk of the court for 
filing petitions or modifying or certifying orders. No fee 
shall be charged by the sheriff for service by the sheriff of a 
petition, rule, motion, or order in an action commenced under 
this Section.
    (d) The court shall provide, through the office of the 
clerk of the court, simplified forms for filing of a petition 
under this Section by any person not represented by counsel. 

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
    (740 ILCS 21/95)
    Sec. 95. Emergency stalking no contact order.
    (a) An emergency stalking no contact order shall issue if 
the petitioner satisfies the requirements of this subsection 
(a). The petitioner shall establish that:
        (1) the court has jurisdiction under Section 50;
        (2) the requirements of Section 80 are satisfied; and
        (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.
    An emergency stalking 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 stalking by the respondent and to 
support the granting of relief under the issuance of the 
stalking no contact order.
    An emergency stalking no contact order shall be issued if 
the court finds that items (1), (2), and (3) of this subsection 
(a) are met.
    (a-5) When a petition for an emergency stalking no contact 
order is granted, the petition, order, and file shall not be 
public and shall only be accessible to the court, law 
enforcement, petitioner, victim advocate, counsel of record 
for either party, and the State's Attorney for the county 
shall not be publicly available until the order is served on 
the respondent. 
    (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 order, governed by this Section. Notwithstanding the 
requirements of this Section, if all requirements of Section 
100 have been met, the court may issue a plenary order.
    (c) Emergency orders; court holidays and evenings.
        (1) When the court is unavailable at the close of 
    business, the petitioner may file a petition for a 21-day 
    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 stalking 
    no contact order.
        (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 stalking no contact 
    order at all times, whether or not the court is in session.
        (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 60. Filing the 
    petition shall commence proceedings for further relief 
    under Section 20. Failure to comply with the requirements 
    of this paragraph (3) does not affect the validity of the 
    order. 

(Source: P.A. 101-255, eff. 1-1-20.)
 
    Section 10. The Civil No Contact Order Act is amended  by 
changing Sections 202, 213, and 214 as follows:
 


    (740 ILCS 22/202)



    Sec. 202. Commencement of action; filing fees. 

    (a) An action for a civil no contact order is commenced:

        (1) independently, by filing a petition for a civil no 
    contact order in any civil court,
unless specific courts 
    are designated by local rule or order; or

        (2) in conjunction with a
delinquency
petition or a 
    criminal prosecution as provided in Article 112A of the 
    Code of Criminal Procedure of 1963.

    (a-5) When a petition for an emergency a civil no contact 
order is filed, the petition and file shall not be public and 
shall only be accessible  to the court, law enforcement, 
petitioner, rape crisis advocate, counsel of record for either 
party, and the State's Attorney for the county shall not be 
publicly available until the petition is served on the 
respondent. 
    (b) Withdrawal or dismissal of any petition for a
civil no 
contact order
prior to adjudication where the petitioner is 
represented by the State shall
operate as a dismissal without 
prejudice.  No action for a civil no contact
order shall be 
dismissed because the respondent is being prosecuted for a 
crime
against the petitioner.  For any action commenced under 
item (2) of subsection
(a) of
this Section, dismissal of the 
conjoined case (or a finding of not guilty)
shall not require 
dismissal of the action for a civil no contact order;
instead, 
it may be treated as an independent action and, if necessary 
and
appropriate, transferred to a different court or division.

    (c) No fee shall be
charged by the clerk of the court for 
filing petitions or modifying or
certifying orders. No
fee

shall be charged by the sheriff for service by the sheriff of a

petition, rule, motion, or order in an action commenced under 
this
Section.

    (d) The court shall provide, through the office
of the 
clerk of the court, simplified forms for filing of a petition 
under this Section by any
person not represented by counsel.

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)

 


    (740 ILCS 22/213)


    (Text of Section before amendment by P.A. 102-220)


    Sec. 213. Civil no contact order; remedies. 

    (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.

    (a-5) (Blank). When a petition for a civil no contact 
order is granted, the order shall not be publicly available 
until the order is served on the respondent. 
    (b) (Blank).



    (b-5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner;
        (2) restrain the respondent from having any contact, 
    including nonphysical contact, with the petitioner 
    directly, indirectly, or through third parties, regardless 
    of whether those third parties know of the order;
        (3) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner's residence, school, day care 
    or other specified location;
        (4) order the respondent to stay away from any 
    property or animal owned, possessed, leased, kept, or held 
    by the petitioner and forbid the respondent from taking, 
    transferring, encumbering, concealing, harming, or 
    otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or 
    appropriate for the protection of the petitioner. 
    (b-6) When the petitioner and the respondent attend the 
same public or private elementary, middle, or high school, the 
court when issuing a civil no contact order and providing 
relief shall consider the severity of the act, any continuing 
physical danger or emotional distress to the petitioner, the 
educational rights guaranteed to the petitioner and respondent 
under federal and State law, the availability of a transfer of 
the respondent to another school, a change of placement or a 
change of program of the respondent, the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school, and any other relevant 
facts of the case. The court may order that the respondent not 
attend the public, private, or non-public elementary, middle, 
or high school attended by the petitioner, order that the 
respondent accept a change of placement or program, as 
determined by the school district or private or non-public 
school, or place restrictions on the respondent's movements 
within the school attended by the petitioner.

The respondent 
bears the burden of proving by a preponderance of the evidence 
that a transfer, change of placement, or change of program of 
the respondent is not available.  The respondent also bears the 
burden of production with respect to the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school. A transfer, change of 
placement, or change of program is not unavailable to the 
respondent solely on the ground that the respondent does not 
agree with the school district's or private or non-public 
school's transfer, change of placement, or change of program 
or solely on the ground that the respondent fails or refuses to 
consent to or otherwise does not take an action required to 
effectuate a transfer, change of placement, or change of 
program.

When a court orders a respondent to stay away from the 
public, private, or non-public school attended by the 
petitioner and the respondent requests a transfer to another 
attendance center within the respondent's school district or 
private or non-public school, the school district or private 
or non-public school shall have sole discretion to determine 
the attendance center to which the respondent is transferred.


In the event the court order results in a transfer of the minor 
respondent to another attendance center, a change in the 
respondent's placement, or a change of the respondent's 
program, the parents, guardian, or legal custodian of the 
respondent is responsible for transportation and other costs 
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal 
custodian of a minor respondent to take certain actions or to 
refrain from taking certain actions to ensure that the 
respondent complies with the order. In the event the court 
orders a transfer of the respondent to another school, the 
parents or legal guardians of the respondent are responsible 
for transportation and other costs associated with the change 
of school by the respondent. 
    (c) Denial of a remedy may not be based, in whole or in 
part, on
evidence that:

        (1) the respondent has cause for any use of force, 
    unless that
cause satisfies the standards for justifiable 
    use of force provided
by Article 7 of the Criminal Code of 
    2012;

        (2) the respondent was voluntarily intoxicated;

        (3) the petitioner acted in self-defense or defense of 
    another,
provided that, if the petitioner utilized force, 
    such force was
justifiable under Article 7 of the Criminal 
    Code of 2012;

        (4) the petitioner did not act in self-defense or 
    defense of
another;

        (5) the petitioner left the residence or household to 
    avoid
further non-consensual sexual conduct or 
    non-consensual sexual penetration
by the respondent; or

        (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.

    (d) Monetary damages are not recoverable as a remedy.

(Source: P.A. 101-255, eff. 1-1-20.)

 
    (Text of Section after amendment by P.A. 102-220)

    Sec. 213. Civil no contact order; remedies. 

    (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.

    (a-5) (Blank). When a petition for a civil no contact 
order is granted, the order shall not be publicly available 
until the order is served on the respondent. 
    (b) (Blank).



    (b-5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner;
        (2) restrain the respondent from having any contact, 
    including nonphysical contact and electronic communication 
    as defined in Section 26.5-0.1 of the Criminal Code of 
    2012, with the petitioner directly, indirectly, or through 
    third parties, regardless of whether those third parties 
    know of the order;
        (3) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner's residence, school, day care 
    or other specified location;
        (4) order the respondent to stay away from any 
    property or animal owned, possessed, leased, kept, or held 
    by the petitioner and forbid the respondent from taking, 
    transferring, encumbering, concealing, harming, or 
    otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or 
    appropriate for the protection of the petitioner. 
    (b-6) When the petitioner and the respondent attend the 
same public or private elementary, middle, or high school, the 
court when issuing a civil no contact order and providing 
relief shall consider the severity of the act, any continuing 
physical danger or emotional distress to the petitioner, the 
educational rights guaranteed to the petitioner and respondent 
under federal and State law, the availability of a transfer of 
the respondent to another school, a change of placement or a 
change of program of the respondent, the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school, and any other relevant 
facts of the case. The court may order that the respondent not 
attend the public, private, or non-public elementary, middle, 
or high school attended by the petitioner, order that the 
respondent accept a change of placement or program, as 
determined by the school district or private or non-public 
school, or place restrictions on the respondent's movements 
within the school attended by the petitioner.

The respondent 
bears the burden of proving by a preponderance of the evidence 
that a transfer, change of placement, or change of program of 
the respondent is not available.  The respondent also bears the 
burden of production with respect to the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school. A transfer, change of 
placement, or change of program is not unavailable to the 
respondent solely on the ground that the respondent does not 
agree with the school district's or private or non-public 
school's transfer, change of placement, or change of program 
or solely on the ground that the respondent fails or refuses to 
consent to or otherwise does not take an action required to 
effectuate a transfer, change of placement, or change of 
program.

When a court orders a respondent to stay away from the 
public, private, or non-public school attended by the 
petitioner and the respondent requests a transfer to another 
attendance center within the respondent's school district or 
private or non-public school, the school district or private 
or non-public school shall have sole discretion to determine 
the attendance center to which the respondent is transferred.


In the event the court order results in a transfer of the minor 
respondent to another attendance center, a change in the 
respondent's placement, or a change of the respondent's 
program, the parents, guardian, or legal custodian of the 
respondent is responsible for transportation and other costs 
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal 
custodian of a minor respondent to take certain actions or to 
refrain from taking certain actions to ensure that the 
respondent complies with the order. In the event the court 
orders a transfer of the respondent to another school, the 
parents or legal guardians of the respondent are responsible 
for transportation and other costs associated with the change 
of school by the respondent. 
    (c) Denial of a remedy may not be based, in whole or in 
part, on
evidence that:

        (1) the respondent has cause for any use of force, 
    unless that
cause satisfies the standards for justifiable 
    use of force provided
by Article 7 of the Criminal Code of 
    2012;

        (2) the respondent was voluntarily intoxicated;

        (3) the petitioner acted in self-defense or defense of 
    another,
provided that, if the petitioner utilized force, 
    such force was
justifiable under Article 7 of the Criminal 
    Code of 2012;

        (4) the petitioner did not act in self-defense or 
    defense of
another;

        (5) the petitioner left the residence or household to 
    avoid
further non-consensual sexual conduct or 
    non-consensual sexual penetration
by the respondent; or

        (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.

    (d) Monetary damages are not recoverable as a remedy.

(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22.)

 



    (740 ILCS 22/214)



    Sec. 214. Emergency civil no contact order. 

    (a) An emergency civil no contact order shall issue if
the 
petitioner satisfies the requirements of this subsection (a). 
The
petitioner
shall establish that:


        (1) the court has jurisdiction under Section 206;


        (2) the requirements of Section 213 are satisfied; and


        (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.

    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.

    An emergency civil no contact order shall be issued if the 
court finds that subsections (1), (2), and (3) above are met.

    (a-5) When a petition for a civil no contact order is 
granted, the petition, order, and file shall not be public and 
shall only be accessible to the court, law enforcement, 
petitioner, rape crisis advocate,  counsel of record for either 
party, and the State's Attorney for the county until the 
petition is served on the respondent. 
    (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
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.

    (c) Emergency orders; court holidays and evenings.


        (1) When the court is unavailable at the close
of 
    business, the petitioner may file a petition for a 21-day

    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.


        (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.


        (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

    order.

(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; 
94-360, eff. 1-1-06.)

 
    Section 15. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 217 as follows:
 


    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)



    Sec. 217. Emergency order of protection. 

    (a) Prerequisites.  An emergency order of protection shall 
issue if
petitioner satisfies the requirements of this 
subsection for one or more of the
requested remedies.  For each 
remedy requested, petitioner shall establish
that:

        (1) The court has jurisdiction under Section 208;

        (2) The requirements of Section 214 are satisfied; and

        (3) There is good cause to grant the remedy, 
    regardless of prior service
of process or of notice upon 
    the respondent, because:

            (i) For
the remedies of "prohibition of abuse" 
        described in
Section 214(b)(1), "stay away order and 
        additional prohibitions" described in
Section

        214(b)(3), "removal or concealment of minor child" 
        described in Section
214(b)(8), "order to appear" 
        described in Section 214(b)(9), "physical
care and 
        possession of the minor child" described in Section 
        214(b)(5),
"protection of property" described in 
        Section 214(b)(11), "prohibition
of entry" described 
        in Section 214(b)(14), "prohibition of firearm 
        possession" described in Section 214(b)(14.5), 
        "prohibition of access to
records" described in 
        Section 214(b)(15), and "injunctive relief"
described 
        in Section 214(b)(16), 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;

            (ii) For the remedy of "grant of exclusive 
        possession of
residence" described in Section 
        214(b)(2), the immediate danger of further
abuse of 
        petitioner by respondent,
if petitioner chooses or had 
        chosen to remain in the residence or household
while 
        respondent was given any prior notice or greater 
        notice than was
actually given of petitioner's efforts 
        to obtain judicial relief,
outweighs the hardships to 
        respondent of an emergency order
granting petitioner 
        exclusive possession of the residence or household.

        This remedy shall not be denied because petitioner has 
        or could obtain
temporary shelter elsewhere while 
        prior notice is given to respondent, unless
the

        hardships to respondent from exclusion from the home 
        substantially outweigh
those to petitioner;

            (iii) For the remedy of "possession of personal 
        property"
described in
Section 214(b)(10), improper 
        disposition of the personal
property would be likely

        to occur if respondent were given any prior notice, or 
        greater notice than
was actually given, of 
        petitioner's efforts to obtain judicial relief, or

        petitioner has an immediate and pressing need for 
        possession of that property.

    An emergency order may not include the counseling, legal 
custody, payment
of support or monetary compensation remedies.

    (a-5) When a petition for an emergency order of protection 
is granted, the order and file shall not be public and shall 
only be accessible to the court, petitioner, law enforcement, 
domestic violence advocate or counselor,  counsel of record for 
either party, and the State's Attorney for the county shall 
not be publicly available until the order is served on the 
respondent. 
    (b) Appearance by respondent.
If 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 order, governed
by this Section.

Notwithstanding the requirements of this Section, if all 
requirements of
Section 218 have been met, the court may issue 
a 30-day interim order.

    (c) Emergency orders:  court holidays and evenings.

        (1) Prerequisites.  When the court is unavailable at 
    the close of
business, the petitioner may file a petition 
    for a 21-day 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 to petitioner and that petitioner 
    has satisfied the
prerequisites set forth in subsection 
    (a) of Section 217, that judge may
issue an emergency 
    order of protection.

        (1.5) Issuance of order.  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
order of protection at all times, whether or not 
    the court is in session.

        (2) Certification and transfer. The judge who issued 
    the order under this Section shall promptly communicate or 
    convey the order to the sheriff to facilitate the entry of 
    the order into the Law Enforcement Agencies Data System by 
    the Department of State Police pursuant to Section 302.  
    Any order issued under this Section and
any documentation 
    in support thereof 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 subsection 
    shall not
affect the validity of the order.

(Source: P.A. 101-255, eff. 1-1-20.)

 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  5/13/2022