Bill Amendment: IL HB3718 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM PRO-PROTECTIVE ORDERS
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0199 [HB3718 Detail]
Download: Illinois-2017-HB3718-House_Amendment_001.html
Bill Title: CRIM PRO-PROTECTIVE ORDERS
Status: 2017-08-18 - Public Act . . . . . . . . . 100-0199 [HB3718 Detail]
Download: Illinois-2017-HB3718-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3718
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2 | AMENDMENT NO. ______. Amend House Bill 3718 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 3. The Criminal Code of 2012 is amended by adding | ||||||
5 | Sections 12-3.8 and 12-3.9 as follows:
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6 | (720 ILCS 5/12-3.8 new) | ||||||
7 | Sec. 12-3.8. Violation of a civil no contact order. | ||||||
8 | (a) A person commits violation of a civil no contact order | ||||||
9 | if: | ||||||
10 | (1) he or she knowingly commits an act which was | ||||||
11 | prohibited by a court or fails to commit an act which was | ||||||
12 | ordered in violation of: | ||||||
13 | (A) a remedy of a valid civil no contact order | ||||||
14 | authorized under Section 213 of the Civil No Contact | ||||||
15 | Order Act or Section 112A-14.5 of the Code of Criminal | ||||||
16 | Procedure of 1963; or |
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1 | (B) a remedy, which is substantially similar to the | ||||||
2 | remedies authorized under Section 213 of the Civil No | ||||||
3 | Contact Order Act or Section 112A-14.5 of the Code of | ||||||
4 | Criminal Procedure of 1963, or in a valid civil no | ||||||
5 | contact order, which is authorized under the laws of | ||||||
6 | another state, tribe, or United States territory; and | ||||||
7 | (2) the violation occurs after the offender has been | ||||||
8 | served notice of the contents of the order under the Civil | ||||||
9 | No Contact Order Act, Article 112A of the Code of Criminal | ||||||
10 | Procedure of 1963, or any substantially similar statute of | ||||||
11 | another state, tribe, or United States territory, or | ||||||
12 | otherwise has acquired actual knowledge of the contents of | ||||||
13 | the order. | ||||||
14 | A civil no contact order issued by a state, tribal, or | ||||||
15 | territorial court shall be deemed valid if the issuing | ||||||
16 | court had jurisdiction over the parties and matter under | ||||||
17 | the law of the state, tribe, or territory. There shall be a | ||||||
18 | presumption of validity when an order is certified and | ||||||
19 | appears authentic on its face. | ||||||
20 | (a-3) For purposes of this Section, a "civil no contact | ||||||
21 | order" may have been issued in a criminal or civil proceeding. | ||||||
22 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
23 | to be heard shall be an affirmative defense to any charge or | ||||||
24 | process filed seeking enforcement of a foreign civil no contact | ||||||
25 | order. | ||||||
26 | (b) Prosecution for a violation of a civil no contact order |
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1 | shall not bar a concurrent prosecution for any other crime, | ||||||
2 | including any crime that may have been committed at the time of | ||||||
3 | the violation of the civil no contact order. | ||||||
4 | (c) Nothing in this Section shall be construed to diminish | ||||||
5 | the inherent authority of the courts to enforce their lawful | ||||||
6 | orders through civil or criminal contempt proceedings. | ||||||
7 | (d) A defendant who directed the actions of a third party | ||||||
8 | to violate this Section, under the principles of accountability | ||||||
9 | set forth in Article 5 of this Code, is guilty of violating | ||||||
10 | this Section as if the same had been personally done by the | ||||||
11 | defendant, without regard to the mental state of the third | ||||||
12 | party acting at the direction of the defendant. | ||||||
13 | (e) Sentence. A violation of a civil no contact order is a | ||||||
14 | Class A misdemeanor for a first violation, and a Class 4 felony | ||||||
15 | for a second or subsequent violation.
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16 | (720 ILCS 5/12-3.9 new) | ||||||
17 | Sec. 12-3.9. Violation of a stalking no contact order. | ||||||
18 | (a) A person commits violation of a stalking no contact | ||||||
19 | order if: | ||||||
20 | (1) he or she knowingly commits an act which was | ||||||
21 | prohibited by a court or fails to commit an act which was | ||||||
22 | ordered by a court in violation of: | ||||||
23 | (A) a remedy in a valid stalking no contact order | ||||||
24 | of protection authorized under Section 80 of the | ||||||
25 | Stalking No Contact Order Act or Section 112A-14.7 of |
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1 | the Code of Criminal Procedure of 1963; or | ||||||
2 | (B) a remedy, which is substantially similar to the | ||||||
3 | remedies authorized under Section 80 of the Stalking No | ||||||
4 | Contact Order Act or Section 112A-14.7 of the Code of | ||||||
5 | Criminal Procedure of 1963, or in a valid stalking no | ||||||
6 | contact order, which is authorized under the laws of | ||||||
7 | another state, tribe, or United States territory; and | ||||||
8 | (2) the violation occurs after the offender has been | ||||||
9 | served notice of the contents of the order, under the | ||||||
10 | Stalking No Contact Order Act, Article 112A of the Code of | ||||||
11 | Criminal Procedure of 1963, or any substantially similar | ||||||
12 | statute of another state, tribe, or United States | ||||||
13 | territory, or otherwise has acquired actual knowledge of | ||||||
14 | the contents of the order. | ||||||
15 | A stalking no contact order issued by a state, tribal, | ||||||
16 | or territorial court shall be deemed valid if the issuing | ||||||
17 | court had jurisdiction over the parties and matter under | ||||||
18 | the law of the state, tribe, or territory. There shall be a | ||||||
19 | presumption of validity when an order is certified and | ||||||
20 | appears authentic on its face. | ||||||
21 | (a-3) For purposes of this Section, a "stalking no contact | ||||||
22 | order" may have been issued in a criminal or civil proceeding. | ||||||
23 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
24 | to be heard shall be an affirmative defense to any charge or | ||||||
25 | process filed seeking enforcement of a foreign stalking no | ||||||
26 | contact order. |
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1 | (b) Prosecution for a violation of a stalking no contact | ||||||
2 | order shall not bar a concurrent prosecution for any other | ||||||
3 | crime, including any crime that may have been committed at the | ||||||
4 | time of the violation of the civil no contact order. | ||||||
5 | (c) Nothing in this Section shall be construed to diminish | ||||||
6 | the inherent authority of the courts to enforce their lawful | ||||||
7 | orders through civil or criminal contempt proceedings. | ||||||
8 | (d) A defendant who directed the actions of a third party | ||||||
9 | to violate this Section, under the principles of accountability | ||||||
10 | set forth in Article 5 of this Code, is guilty of violating | ||||||
11 | this Section as if the same had been personally done by the | ||||||
12 | defendant, without regard to the mental state of the third | ||||||
13 | party acting at the direction of the defendant. | ||||||
14 | (e) Sentence. A violation of a stalking no contact order is | ||||||
15 | a Class A misdemeanor for a first violation, and a Class 4 | ||||||
16 | felony for a second or subsequent violation.
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17 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
18 | amended by changing the heading of Article 112A and by changing | ||||||
19 | Sections 112A-3, 112A-4, 112A-5, 112A-12, 112A-14, 112A-15, | ||||||
20 | 112A-20, 112A-21, 112A-22, 112A-23, 112A-24, 112A-25, 112A-26, | ||||||
21 | 112A-28, and 112A-30 and by adding Sections 112A-1.5, 112A-2.5, | ||||||
22 | 112A-4.5, 112A-5.5, 112A-11.5, 112A-14.5, 112A-14.7, | ||||||
23 | 112A-21.5, 112A-21.7, and 112A-22.3 as follows:
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24 | (725 ILCS 5/Art. 112A heading) |
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1 | ARTICLE 112A. PROTECTIVE ORDERS DOMESTIC VIOLENCE: ORDER OF | ||||||
2 | PROTECTION
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3 | (725 ILCS 5/112A-1.5 new) | ||||||
4 | Sec. 112A-1.5. Purpose. The purpose of this Article is to | ||||||
5 | protect the safety of victims of domestic violence, sexual | ||||||
6 | assault, sexual abuse, and stalking and the safety of their | ||||||
7 | family and household members; and to minimize the trauma and | ||||||
8 | inconvenience associated with attending separate and multiple | ||||||
9 | civil court proceedings to obtain protective orders. This | ||||||
10 | Article shall be interpreted in accordance with the purposes | ||||||
11 | set forth in Section 2 of the Rights of Crime Victims and | ||||||
12 | Witnesses Act.
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13 | (725 ILCS 5/112A-2.5 new) | ||||||
14 | Sec. 112A-2.5. Types of protective orders. The following | ||||||
15 | protective orders may be entered in conjunction with a | ||||||
16 | delinquency petition or a criminal prosecution: | ||||||
17 | (1) an order of protection in cases involving domestic | ||||||
18 | violence; | ||||||
19 | (2) a civil no contact order in cases involving sexual | ||||||
20 | offenses; or | ||||||
21 | (3) a stalking no contact order in cases involving | ||||||
22 | stalking offenses.
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23 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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1 | Sec. 112A-3. Definitions. | ||||||
2 | (a) For the purposes of this Article, "protective order" | ||||||
3 | means a domestic violence order of protection, a civil no | ||||||
4 | contact order, or a stalking no contact order. the
following | ||||||
5 | terms shall have the following meanings:
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6 | (b) For the purposes of domestic violence cases, the | ||||||
7 | following terms shall have the following meanings in this | ||||||
8 | Article: | ||||||
9 | (1) "Abuse" means physical abuse, harassment, | ||||||
10 | intimidation of a
dependent, interference with personal | ||||||
11 | liberty or willful deprivation but
does not include | ||||||
12 | reasonable direction of a minor child by a parent or
person | ||||||
13 | in loco parentis.
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14 | (2) "Domestic violence" means abuse as described in | ||||||
15 | paragraph (1).
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16 | (3) "Family or household members" include spouses, | ||||||
17 | former spouses,
parents, children, stepchildren and other | ||||||
18 | persons related by blood or
by present or prior marriage, | ||||||
19 | persons who share or formerly shared a
common dwelling, | ||||||
20 | persons who have or allegedly have a child in common, | ||||||
21 | persons
who share or allegedly share a blood relationship | ||||||
22 | through a child, persons who
have or have had a dating or | ||||||
23 | engagement relationship, persons with disabilities
and | ||||||
24 | their personal assistants, and caregivers as defined in | ||||||
25 | subsection (e) of Section 12-4.4a of the Criminal Code of | ||||||
26 | 2012.
For purposes of this paragraph, neither a casual |
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1 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
2 | individuals in business or social
contexts shall be deemed | ||||||
3 | to constitute a dating relationship.
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4 | (4) "Harassment" means knowing conduct which
is not | ||||||
5 | necessary to accomplish a purpose which is reasonable under | ||||||
6 | the
circumstances; would cause a reasonable person | ||||||
7 | emotional distress; and
does cause emotional distress to | ||||||
8 | the petitioner.
Unless the presumption is rebutted by a | ||||||
9 | preponderance of the evidence, the
following types of | ||||||
10 | conduct shall be presumed to cause emotional distress:
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11 | (i) creating a disturbance at petitioner's place | ||||||
12 | of employment or school;
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13 | (ii) repeatedly telephoning petitioner's place of | ||||||
14 | employment, home or
residence;
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15 | (iii) repeatedly following petitioner about in a | ||||||
16 | public place or places;
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17 | (iv) repeatedly keeping petitioner under | ||||||
18 | surveillance by remaining
present outside his or her | ||||||
19 | home, school, place of employment, vehicle or
other | ||||||
20 | place occupied by petitioner or by peering in | ||||||
21 | petitioner's windows;
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22 | (v) improperly concealing a minor child from | ||||||
23 | petitioner, repeatedly
threatening to improperly | ||||||
24 | remove a minor child of petitioner's from the
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25 | jurisdiction or from the physical care of petitioner, | ||||||
26 | repeatedly threatening to
conceal a minor child from |
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1 | petitioner, or making a single such threat following
an | ||||||
2 | actual or attempted improper removal or concealment, | ||||||
3 | unless respondent was
fleeing from an incident or | ||||||
4 | pattern of domestic violence; or
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5 | (vi) threatening physical force, confinement or | ||||||
6 | restraint on one or more
occasions.
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7 | (5) "Interference with personal liberty" means | ||||||
8 | committing or threatening
physical abuse, harassment, | ||||||
9 | intimidation or willful deprivation so as to
compel another | ||||||
10 | to engage in conduct from which she or he has a right to
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11 | abstain or to refrain from conduct
in which she or he has a | ||||||
12 | right to engage.
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13 | (6) "Intimidation of a dependent" means subjecting a | ||||||
14 | person who is
dependent because of age, health or | ||||||
15 | disability to participation in or the
witnessing of: | ||||||
16 | physical force against another or physical confinement or
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17 | restraint of another which constitutes physical abuse as | ||||||
18 | defined in this
Article, regardless of whether the abused | ||||||
19 | person is a family or household member.
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20 | (7) "Order of protection" means an emergency order, | ||||||
21 | interim order or
plenary order, granted pursuant to this | ||||||
22 | Article, which includes any or all
of the remedies | ||||||
23 | authorized by Section 112A-14 of this Code.
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24 | (8) "Petitioner" may mean not only any named petitioner | ||||||
25 | for the order of
protection and any named victim of abuse | ||||||
26 | on whose behalf the petition
is brought, but also any other |
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1 | person protected by this Article.
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2 | (9) "Physical abuse" includes sexual abuse and means | ||||||
3 | any of the following:
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4 | (i) knowing or reckless use of physical force, | ||||||
5 | confinement or restraint;
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6 | (ii) knowing, repeated and unnecessary sleep | ||||||
7 | deprivation; or
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8 | (iii) knowing or reckless conduct which creates an | ||||||
9 | immediate
risk of physical harm.
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10 | (9.3) "Respondent" in a petition for an order of | ||||||
11 | protection means the defendant. | ||||||
12 | (9.5) "Stay away" means for the respondent to refrain | ||||||
13 | from both physical presence and nonphysical contact with | ||||||
14 | the petitioner whether direct, indirect (including, but | ||||||
15 | not limited to, telephone calls, mail, email, faxes, and | ||||||
16 | written notes), or through third parties who may or may not | ||||||
17 | know about the order of protection.
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18 | (10) "Willful deprivation" means wilfully denying a | ||||||
19 | person who because of
age, health or disability requires | ||||||
20 | medication, medical care, shelter,
accessible shelter or | ||||||
21 | services, food, therapeutic device, or other physical
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22 | assistance, and thereby exposing that person to the risk of | ||||||
23 | physical, mental or
emotional harm, except with regard to | ||||||
24 | medical care and treatment when such
dependent person has | ||||||
25 | expressed the intent to forgo such medical care or
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26 | treatment. This paragraph does not create any new |
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1 | affirmative duty to provide
support to dependent persons.
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2 | (c) For the purposes of cases involving sexual offenses, | ||||||
3 | the following terms shall have the following meanings in this | ||||||
4 | Article: | ||||||
5 | (1) "Civil no contact order" means an order granted | ||||||
6 | under this Article, which includes a remedy authorized by | ||||||
7 | Section 112A-14.5 of this Code. | ||||||
8 | (2) "Family or household members" include spouses, | ||||||
9 | parents, children, stepchildren, and persons who share a | ||||||
10 | common dwelling. | ||||||
11 | (3) "Non-consensual" means a lack of freely given | ||||||
12 | agreement. | ||||||
13 | (4) "Petitioner" means not only any named petitioner | ||||||
14 | for the civil no contact order and any named victim of | ||||||
15 | non-consensual sexual conduct or non-consensual sexual | ||||||
16 | penetration on whose behalf the petition is brought, but | ||||||
17 | includes any other person sought to be protected under this | ||||||
18 | Article. | ||||||
19 | (5) "Respondent" in a petition for a civil no contact | ||||||
20 | order means the defendant. | ||||||
21 | (6) "Sexual conduct" means any intentional or knowing | ||||||
22 | touching or fondling by the petitioner or the respondent, | ||||||
23 | either directly or through clothing, of the sex organs, | ||||||
24 | anus, or breast of the petitioner or the respondent, or any | ||||||
25 | part of the body of a child under 13 years of age, or any | ||||||
26 | transfer or transmission of semen by the respondent upon |
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1 | any part of the clothed or unclothed body of the | ||||||
2 | petitioner, for the purpose of sexual gratification or | ||||||
3 | arousal of the petitioner or the respondent. | ||||||
4 | (7) "Sexual penetration" means any contact, however | ||||||
5 | slight, between the sex organ or anus of one person by an | ||||||
6 | object, the sex organ, mouth or anus of another person, or | ||||||
7 | any intrusion, however slight, of any part of the body of | ||||||
8 | one person or of any animal or object into the sex organ or | ||||||
9 | anus of another person, including but not limited to | ||||||
10 | cunnilingus, fellatio or anal penetration. Evidence of | ||||||
11 | emission of semen is not required to prove sexual | ||||||
12 | penetration. | ||||||
13 | (8) "Stay away" means to refrain from both physical | ||||||
14 | presence and nonphysical contact with the petitioner | ||||||
15 | directly, indirectly, or through third parties who may or | ||||||
16 | may not know of the order. "Nonphysical contact" includes, | ||||||
17 | but is not limited to, telephone calls, mail, e-mail, fax, | ||||||
18 | and written notes. | ||||||
19 | (d) For the purposes of cases involving stalking offenses, | ||||||
20 | the following terms shall have the following meanings in this | ||||||
21 | Article: | ||||||
22 | (1) "Course of conduct" means 2 or more acts, | ||||||
23 | including, but not limited to, acts in which a respondent | ||||||
24 | directly, indirectly, or through third parties, by any | ||||||
25 | action, method, device, or means follows, monitors, | ||||||
26 | observes, surveils, threatens, or communicates to or |
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1 | about, a person, engages in other contact, or interferes | ||||||
2 | with or damages a person's property or pet. A course of | ||||||
3 | conduct may include contact via electronic communications. | ||||||
4 | The incarceration of a person in a penal institution who | ||||||
5 | commits the course of conduct is not a bar to prosecution. | ||||||
6 | (2) "Emotional distress" means significant mental | ||||||
7 | suffering, anxiety or alarm. | ||||||
8 | (3) "Contact" includes any contact with the victim, | ||||||
9 | that is initiated or continued without the victim's | ||||||
10 | consent, or that is in disregard of the victim's expressed | ||||||
11 | desire that the contact be avoided or discontinued, | ||||||
12 | including, but not limited to, being in the physical | ||||||
13 | presence of the victim; appearing within the sight of the | ||||||
14 | victim; approaching or confronting the victim in a public | ||||||
15 | place or on private property; appearing at the workplace or | ||||||
16 | residence of the victim; entering onto or remaining on | ||||||
17 | property owned, leased, or occupied by the victim; or | ||||||
18 | placing an object on, or delivering an object to, property | ||||||
19 | owned, leased, or occupied by the victim. | ||||||
20 | (4) "Petitioner" means any named petitioner for the | ||||||
21 | stalking no contact order or any named victim of stalking | ||||||
22 | on whose behalf the petition is brought. | ||||||
23 | (5) "Reasonable person" means a person in the | ||||||
24 | petitioner's circumstances with the petitioner's knowledge | ||||||
25 | of the respondent and the respondent's prior acts. | ||||||
26 | (6) "Respondent" in a petition for a civil no contact |
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1 | order means the defendant. | ||||||
2 | (7) "Stalking" means engaging in a course of conduct | ||||||
3 | directed at a specific person, and he or she knows or | ||||||
4 | should know that this course of conduct would cause a | ||||||
5 | reasonable person to fear for his or her safety or the | ||||||
6 | safety of a third person or suffer emotional distress. | ||||||
7 | "Stalking" does not include an exercise of the right to | ||||||
8 | free speech or assembly that is otherwise lawful or | ||||||
9 | picketing occurring at the workplace that is otherwise | ||||||
10 | lawful and arises out of a bona fide labor dispute, | ||||||
11 | including any controversy concerning wages, salaries, | ||||||
12 | hours, working conditions or benefits, including health | ||||||
13 | and welfare, sick leave, insurance, and pension or | ||||||
14 | retirement provisions, the making or maintaining of | ||||||
15 | collective bargaining agreements, and the terms to be | ||||||
16 | included in those agreements. | ||||||
17 | (8) "Stalking no contact order" means an order granted | ||||||
18 | under this Article, which includes a remedy authorized by | ||||||
19 | Section 112A-14.7 of this Code. | ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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21 | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
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22 | Sec. 112A-4. Persons protected by this article.
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23 | (a) The following persons are protected by
this Article in | ||||||
24 | cases involving domestic violence :
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25 | (1) (i) any person abused by a family or household |
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1 | member;
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2 | (2) (ii) any minor child or dependent adult in the care | ||||||
3 | of
such person; and
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4 | (3) (iii) any person residing or employed at a private | ||||||
5 | home or public
shelter which is housing an abused family or | ||||||
6 | household member.
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7 | (a-5) The following persons are protected by this Article | ||||||
8 | in cases involving sexual offenses: | ||||||
9 | (1) any victim of non-consensual sexual conduct or
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10 | non-consensual sexual penetration on whose behalf the | ||||||
11 | petition is brought; | ||||||
12 | (2) any family or household member of the named
victim; | ||||||
13 | and | ||||||
14 | (3) any employee of or volunteer at a rape crisis | ||||||
15 | center. | ||||||
16 | (a-10) The following persons are protected by this Article | ||||||
17 | in cases involving stalking offenses: | ||||||
18 | (1) any victim of stalking; and | ||||||
19 | (2) any family or household member of the named victim. | ||||||
20 | (b) (Blank). A petition for an order of protection may be | ||||||
21 | filed only by a person
who
has been abused by a family or | ||||||
22 | household member or by any person on behalf
of a minor child or | ||||||
23 | an adult who has been
abused by a family or household
member | ||||||
24 | and who, because of age, health, disability, or | ||||||
25 | inaccessibility,
cannot file the petition. However, any | ||||||
26 | petition properly
filed under this Article may seek
protection |
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1 | for any additional persons protected by this Article.
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2 | (Source: P.A. 87-1186.)
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3 | (725 ILCS 5/112A-4.5 new) | ||||||
4 | Sec. 112A-4.5. Who may file petition. | ||||||
5 | (a) A petition for an order of protection may be filed: | ||||||
6 | (1) by a person
who
has been abused by a family or | ||||||
7 | household member; or | ||||||
8 | (2) by any person on behalf
of a minor child or an | ||||||
9 | adult who has been
abused by a family or household
member | ||||||
10 | and who, because of age, health, disability, or | ||||||
11 | inaccessibility,
cannot file the petition. | ||||||
12 | (b) A petition for a civil no contact order may be filed: | ||||||
13 | (1) by any person who is a victim of non-consensual
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14 | sexual conduct or non-consensual sexual penetration, | ||||||
15 | including a single incident of non-consensual sexual | ||||||
16 | conduct or non-consensual sexual penetration; or | ||||||
17 | (2) by a person on behalf of a minor child or an
adult | ||||||
18 | who is a victim of non-consensual sexual conduct or | ||||||
19 | non-consensual sexual penetration but, because of age, | ||||||
20 | disability, health, or inaccessibility, cannot file the | ||||||
21 | petition. | ||||||
22 | (c) A petition for a stalking no contact order may be | ||||||
23 | filed: | ||||||
24 | (1) by any person who is a victim of stalking; or | ||||||
25 | (2) by a person on behalf of a minor child or an
adult |
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1 | who is a victim of stalking but, because of age, | ||||||
2 | disability, health, or inaccessibility, cannot file the | ||||||
3 | petition. | ||||||
4 | (d) The State's Attorney shall file a petition on behalf on | ||||||
5 | any person who may file a petition under subsections (a), (b) | ||||||
6 | or (c) of this Section if the person requests the State's | ||||||
7 | Attorney to file a petition on the person's behalf. | ||||||
8 | (e) Any petition properly
filed under this Article may seek
| ||||||
9 | protection for any additional persons protected by this | ||||||
10 | Article.
| ||||||
11 | (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
| ||||||
12 | Sec. 112A-5. Pleading; non-disclosure of address.
| ||||||
13 | (a) A petition for a protective order an
order of | ||||||
14 | protection shall be in writing and verified or accompanied by
| ||||||
15 | affidavit
and shall allege that petitioner has been abused by | ||||||
16 | respondent, who is a
family or household member.
The petition | ||||||
17 | shall further set forth whether there is any other pending
| ||||||
18 | action between the petitioner and respondent parties . During | ||||||
19 | the pendency of this proceeding, each
party has a continuing | ||||||
20 | duty to inform the court of any subsequent
proceeding for an | ||||||
21 | order of protection in this or any other state.
| ||||||
22 | (b) The petitioner shall not be required to disclose the | ||||||
23 | petitioner's address. If the petition states that disclosure of | ||||||
24 | petitioner's
address would risk abuse of petitioner or any | ||||||
25 | member of petitioner's
family or household
or reveal the |
| |||||||
| |||||||
1 | confidential address of a shelter for domestic violence | ||||||
2 | victims,
that address may be omitted from all documents filed | ||||||
3 | with the court. If
disclosure is necessary to determine | ||||||
4 | jurisdiction or consider any venue issue,
it shall be made | ||||||
5 | orally and in camera. If petitioner has not disclosed
an | ||||||
6 | address under this subsection, petitioner shall designate an
| ||||||
7 | alternative address at which respondent may serve notice of any | ||||||
8 | motions.
| ||||||
9 | (Source: P.A. 87-1186.)
| ||||||
10 | (725 ILCS 5/112A-5.5 new) | ||||||
11 | Sec. 112A-5.5. Time for filing petition. A petition for a | ||||||
12 | protective order may be filed at any time before the charge is | ||||||
13 | dismissed, the defendant is acquitted, or the defendant | ||||||
14 | completes service of his or her sentence. The petition can be | ||||||
15 | considered at any court proceeding in the delinquency or | ||||||
16 | criminal case at which the defendant is present. The court may | ||||||
17 | schedule a separate court proceeding to consider the petition.
| ||||||
18 | (725 ILCS 5/112A-11.5 new) | ||||||
19 | Sec. 112A-11.5. Issuance of protective order. | ||||||
20 | (a) The court shall grant the petition and enter a | ||||||
21 | protective order if the court finds prima facie evidence that a | ||||||
22 | crime involving domestic violence, a sexual offense or a crime | ||||||
23 | involving stalking has been committed. The following shall be | ||||||
24 | considered prima facie evidence of the crime: |
| |||||||
| |||||||
1 | (1) an information, complaint, indictment or | ||||||
2 | delinquency petition, charging a crime of domestic | ||||||
3 | violence, a sexual offense or stalking or charging an | ||||||
4 | attempt to commit a crime of domestic violence, a sexual | ||||||
5 | offense or stalking; or | ||||||
6 | (2) an adjudication of delinquency, a finding of guilt | ||||||
7 | based upon a plea, or a finding of guilt after a trial for | ||||||
8 | a crime of domestic battery, a sexual crime or stalking or | ||||||
9 | an attempt to commit a crime of domestic violence, a sexual | ||||||
10 | offense or stalking; | ||||||
11 | (3) any dispositional order issued under Section 5-710 | ||||||
12 | of the Juvenile Court Act of 1987, the imposition of | ||||||
13 | supervision, conditional discharge, probation, periodic | ||||||
14 | imprisonment, parole, aftercare release or mandatory | ||||||
15 | supervised release for a crime of domestic violence, a | ||||||
16 | sexual offense or stalking or an attempt to commit a crime | ||||||
17 | of domestic violence, a sexual offense, or stalking, or | ||||||
18 | imprisonment in conjunction with a bond forfeiture | ||||||
19 | warrant; or | ||||||
20 | (4) the entry of a protective order in a separate civil | ||||||
21 | case brought by the petitioner against the respondent. | ||||||
22 | (b) The petitioner shall not be denied a protective order | ||||||
23 | because the petitioner or the respondent is a minor. | ||||||
24 | (c) The court, when determining whether or not to issue a | ||||||
25 | protective order, may not require physical injury on the person | ||||||
26 | of the victim.
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
| ||||||
2 | Sec. 112A-12. Transfer of issues not decided in cases | ||||||
3 | involving domestic violence Hearings .
| ||||||
4 | (a) (Blank). A petition for an order of protection shall be
| ||||||
5 | treated as an expedited proceeding, and no court
shall transfer | ||||||
6 | or
otherwise decline to decide all or part of such petition,
| ||||||
7 | except as otherwise provided herein.
Nothing in this Section
| ||||||
8 | shall prevent the court from reserving issues when jurisdiction | ||||||
9 | or notice
requirements are not met.
| ||||||
10 | (b) A criminal court may decline to decide contested
issues | ||||||
11 | of physical care, custody, visitation,
or family support, | ||||||
12 | unless a decision on one or more of those
contested issues is | ||||||
13 | necessary to
avoid the risk of abuse, neglect, removal from the | ||||||
14 | state or concealment
within the state of the child or of | ||||||
15 | separation of the child from the primary
caretaker.
| ||||||
16 | (c) The court shall transfer to the appropriate court or | ||||||
17 | division any issue
it has
declined to decide. Any court may | ||||||
18 | transfer any matter which must be
tried by jury to a more | ||||||
19 | appropriate calendar or division.
| ||||||
20 | (d) If the court transfers or otherwise declines to decide | ||||||
21 | any issue,
judgment on that issue shall be expressly reserved | ||||||
22 | and ruling on other
issues shall not be delayed or declined.
| ||||||
23 | (Source: P.A. 87-1186.)
| ||||||
24 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
| |||||||
| |||||||
1 | Sec. 112A-14. Order of protection; remedies.
| ||||||
2 | (a) (Blank). Issuance of order. If the court finds that | ||||||
3 | petitioner has been
abused by a family or household member, as | ||||||
4 | defined in this Article, an
order of protection prohibiting | ||||||
5 | such abuse shall issue; provided that
petitioner must also | ||||||
6 | satisfy the requirements of one of the following
Sections, as | ||||||
7 | appropriate: Section 112A-17 on emergency orders, Section
| ||||||
8 | 112A-18 on interim orders, or Section 112A-19 on
plenary | ||||||
9 | orders.
Petitioner shall not be denied an order of protection | ||||||
10 | because petitioner or
respondent is a minor. The court, when | ||||||
11 | determining whether or not to issue
an order of protection, | ||||||
12 | shall not require physical manifestations of abuse
on the | ||||||
13 | person of the victim. Modification and extension of prior | ||||||
14 | orders of
protection shall be in accordance with this Article.
| ||||||
15 | (b) The court may order any of the remedies listed in this | ||||||
16 | subsection. Remedies and standards. The remedies to be included | ||||||
17 | in an order of
protection shall be determined in accordance | ||||||
18 | with this Section and one of
the following Sections, as | ||||||
19 | appropriate: Section 112A-17 on
emergency orders,
Section | ||||||
20 | 112A-18 on interim orders, and Section 112A-19 on
plenary | ||||||
21 | orders.
The remedies listed in this subsection shall be in | ||||||
22 | addition to other civil
or criminal remedies available to | ||||||
23 | petitioner.
| ||||||
24 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
25 | harassment,
interference with personal liberty, | ||||||
26 | intimidation of a dependent, physical
abuse or willful |
| |||||||
| |||||||
1 | deprivation, as defined in this Article, if such abuse has
| ||||||
2 | occurred or otherwise appears likely to occur if not | ||||||
3 | prohibited.
| ||||||
4 | (2) Grant of exclusive possession of residence. | ||||||
5 | Prohibit respondent
from entering or remaining in any | ||||||
6 | residence, household, or premises of the petitioner,
| ||||||
7 | including one owned or leased by respondent, if petitioner | ||||||
8 | has a right
to occupancy thereof. The grant of exclusive | ||||||
9 | possession of the residence, household, or premises
shall | ||||||
10 | not affect title to real property, nor shall the court be | ||||||
11 | limited by
the standard set forth in Section 701 of the | ||||||
12 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
13 | (A) Right to occupancy. A party has a right to | ||||||
14 | occupancy of a
residence or household if it is
solely | ||||||
15 | or jointly owned or leased by that party, that party's | ||||||
16 | spouse, a
person with a legal duty to support that | ||||||
17 | party or a minor child in that
party's care, or by any | ||||||
18 | person or entity other than the opposing party that
| ||||||
19 | authorizes that party's occupancy (e.g., a domestic | ||||||
20 | violence shelter).
Standards set forth in subparagraph | ||||||
21 | (B) shall not preclude equitable relief.
| ||||||
22 | (B) Presumption of hardships. If petitioner and | ||||||
23 | respondent
each has the right to occupancy of a | ||||||
24 | residence or household, the court
shall balance (i) the | ||||||
25 | hardships to respondent and any minor child or
| ||||||
26 | dependent adult in respondent's care resulting from |
| |||||||
| |||||||
1 | entry of this remedy with (ii)
the hardships to | ||||||
2 | petitioner and any minor child or dependent adult in
| ||||||
3 | petitioner's care resulting from continued exposure to | ||||||
4 | the risk of abuse (should
petitioner remain at the | ||||||
5 | residence or household) or from loss of possession
of | ||||||
6 | the residence or household (should petitioner leave to | ||||||
7 | avoid the risk
of abuse). When determining the balance | ||||||
8 | of hardships, the court shall also
take into account | ||||||
9 | the accessibility of the residence or household.
| ||||||
10 | Hardships need not be balanced if respondent does not | ||||||
11 | have a right to occupancy.
| ||||||
12 | The balance of hardships is presumed to favor | ||||||
13 | possession by
petitioner unless the presumption is | ||||||
14 | rebutted by a preponderance of the
evidence, showing | ||||||
15 | that the hardships to respondent substantially | ||||||
16 | outweigh
the hardships to petitioner and any minor | ||||||
17 | child or dependent adult in petitioner's
care. The | ||||||
18 | court, on the request of petitioner or on its own | ||||||
19 | motion,
may order respondent to provide suitable, | ||||||
20 | accessible, alternate housing
for petitioner instead | ||||||
21 | of
excluding respondent from a mutual residence or | ||||||
22 | household.
| ||||||
23 | (3) Stay away order and additional prohibitions.
Order | ||||||
24 | respondent to stay away from petitioner or any other person
| ||||||
25 | protected by the order of protection, or prohibit | ||||||
26 | respondent from entering
or remaining present at |
| |||||||
| |||||||
1 | petitioner's school, place of employment, or other
| ||||||
2 | specified places at times when petitioner is present, or | ||||||
3 | both, if
reasonable, given
the balance of hardships. | ||||||
4 | Hardships need not be balanced for the court
to enter a | ||||||
5 | stay away order or prohibit entry
if respondent has no | ||||||
6 | right to enter the premises.
| ||||||
7 | (A) If an order of protection grants petitioner | ||||||
8 | exclusive possession
of the residence, or prohibits | ||||||
9 | respondent from entering the residence,
or orders | ||||||
10 | respondent to stay away from petitioner or other
| ||||||
11 | protected persons, then the court may allow respondent | ||||||
12 | access to the
residence to remove items of clothing and | ||||||
13 | personal adornment
used exclusively by respondent, | ||||||
14 | medications, and other items as the court directs.
The | ||||||
15 | right to access shall be exercised on only one occasion | ||||||
16 | as the court directs
and in the presence of an | ||||||
17 | agreed-upon adult third party or law enforcement | ||||||
18 | officer.
| ||||||
19 | (B) When the petitioner and the respondent attend | ||||||
20 | the same public, private, or non-public elementary, | ||||||
21 | middle, or high school, the court when issuing an order | ||||||
22 | of protection and providing relief shall consider the | ||||||
23 | severity of the act, any continuing physical danger or | ||||||
24 | emotional distress to the petitioner, the educational | ||||||
25 | rights guaranteed to the petitioner and respondent | ||||||
26 | under federal and State law, the availability of a |
| |||||||
| |||||||
1 | transfer of the respondent to another school, a change | ||||||
2 | of placement or a change of program of the respondent, | ||||||
3 | the expense, difficulty, and educational disruption | ||||||
4 | that would be caused by a transfer of the respondent to | ||||||
5 | another school, and any other relevant facts of the | ||||||
6 | case. The court may order that the respondent not | ||||||
7 | attend the public, private, or non-public elementary, | ||||||
8 | middle, or high school attended by the petitioner, | ||||||
9 | order that the respondent accept a change of placement | ||||||
10 | or change of program, as determined by the school | ||||||
11 | district or private or non-public school, or place | ||||||
12 | restrictions on the respondent's movements within the | ||||||
13 | school attended by the petitioner. The respondent | ||||||
14 | bears the burden of proving by a preponderance of the | ||||||
15 | evidence that a transfer, change of placement, or | ||||||
16 | change of program of the respondent is not available. | ||||||
17 | The respondent also bears the burden of production with | ||||||
18 | respect to the expense, difficulty, and educational | ||||||
19 | disruption that would be caused by a transfer of the | ||||||
20 | respondent to another school. A transfer, change of | ||||||
21 | placement, or change of program is not unavailable to | ||||||
22 | the respondent solely on the ground that the respondent | ||||||
23 | does not agree with the school district's or private or | ||||||
24 | non-public school's transfer, change of placement, or | ||||||
25 | change of program or solely on the ground that the | ||||||
26 | respondent fails or refuses to consent or otherwise |
| |||||||
| |||||||
1 | does not take an action required to effectuate a | ||||||
2 | transfer, change of placement, or change of program. | ||||||
3 | When a court orders a respondent to stay away from the | ||||||
4 | public, private, or non-public school attended by the | ||||||
5 | petitioner and the respondent requests a transfer to | ||||||
6 | another attendance center within the respondent's | ||||||
7 | school district or private or non-public school, the | ||||||
8 | school district or private or non-public school shall | ||||||
9 | have sole discretion to determine the attendance | ||||||
10 | center to which the respondent is transferred. If the | ||||||
11 | court order results in a transfer of the minor | ||||||
12 | respondent to another attendance center, a change in | ||||||
13 | the respondent's placement, or a change of the | ||||||
14 | respondent's program, the parents, guardian, or legal | ||||||
15 | custodian of the respondent is responsible for | ||||||
16 | transportation and other costs associated with the | ||||||
17 | transfer or change. | ||||||
18 | (C) The court may order the parents, guardian, or | ||||||
19 | legal custodian of a minor respondent to take certain | ||||||
20 | actions or to refrain from taking certain actions to | ||||||
21 | ensure that the respondent complies with the order. If | ||||||
22 | the court orders a transfer of the respondent to | ||||||
23 | another school, the parents, guardian, or legal | ||||||
24 | custodian of the respondent is responsible for | ||||||
25 | transportation and other costs associated with the | ||||||
26 | change of school by the respondent. |
| |||||||
| |||||||
1 | (4) Counseling. Require or recommend the respondent to | ||||||
2 | undergo
counseling for a specified duration with a social | ||||||
3 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
4 | family service agency, alcohol or
substance abuse program, | ||||||
5 | mental health center guidance counselor, agency
providing | ||||||
6 | services to elders, program designed for domestic violence
| ||||||
7 | abusers or any other guidance service the court deems | ||||||
8 | appropriate. The court may order the respondent in any | ||||||
9 | intimate partner relationship to report to an Illinois | ||||||
10 | Department of Human Services protocol approved partner | ||||||
11 | abuse intervention program for an assessment and to follow | ||||||
12 | all recommended treatment.
| ||||||
13 | (5) Physical care and possession of the minor child. In | ||||||
14 | order to protect
the minor child from abuse, neglect, or | ||||||
15 | unwarranted separation from the person
who has been the | ||||||
16 | minor child's primary caretaker, or to otherwise protect | ||||||
17 | the
well-being of the minor child, the court may do either | ||||||
18 | or both of the following:
(i) grant petitioner physical | ||||||
19 | care or possession of the minor child, or both, or
(ii) | ||||||
20 | order respondent to return a minor child to, or not remove | ||||||
21 | a minor child
from, the physical care of a parent or person | ||||||
22 | in loco parentis.
| ||||||
23 | If the a court finds, after a hearing, that respondent | ||||||
24 | is charged with has committed abuse
(as defined in Section | ||||||
25 | 112A-3) of a minor child, there shall be a
rebuttable | ||||||
26 | presumption that awarding physical care to respondent |
| |||||||
| |||||||
1 | would not
be in the minor child's best interest.
| ||||||
2 | (6) Temporary legal custody.
Award temporary legal | ||||||
3 | custody to petitioner in accordance with this Section,
the | ||||||
4 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
5 | Illinois Parentage Act of 2015,
and this State's Uniform | ||||||
6 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
7 | If the a court finds, after a hearing, that respondent
| ||||||
8 | is charged with has committed abuse (as defined in Section | ||||||
9 | 112A-3) of a
minor child, there shall be a rebuttable | ||||||
10 | presumption that awarding
temporary legal custody to | ||||||
11 | respondent would not be in the
child's best interest.
| ||||||
12 | (7) Visitation. Determine the
visitation rights, if | ||||||
13 | any, of respondent in any case in which the court
awards | ||||||
14 | physical care or temporary legal custody of a minor child | ||||||
15 | to
petitioner. The court shall restrict or deny | ||||||
16 | respondent's visitation with
a minor child if
the court | ||||||
17 | finds that respondent has done or is likely to do any of | ||||||
18 | the
following: (i) abuse or endanger the minor child during | ||||||
19 | visitation; (ii) use the
visitation as an opportunity to | ||||||
20 | abuse or harass petitioner or
petitioner's family or | ||||||
21 | household members; (iii) improperly conceal or
detain the | ||||||
22 | minor child; or (iv) otherwise act in a manner that is not | ||||||
23 | in
the best interests of the minor child. The court shall | ||||||
24 | not be limited by the
standards set forth in Section 607.1 | ||||||
25 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
26 | If the court grants visitation, the order
shall specify |
| |||||||
| |||||||
1 | dates and times for the visitation to take place or other
| ||||||
2 | specific parameters or conditions that are appropriate. No | ||||||
3 | order for
visitation shall refer merely to the term | ||||||
4 | "reasonable visitation".
| ||||||
5 | Petitioner may deny respondent access to the minor | ||||||
6 | child if, when
respondent arrives for visitation, | ||||||
7 | respondent is under the influence of drugs
or alcohol and | ||||||
8 | constitutes a threat to the safety and well-being of
| ||||||
9 | petitioner or petitioner's minor children or is behaving in | ||||||
10 | a violent or abusive manner.
| ||||||
11 | If necessary to protect any member of petitioner's | ||||||
12 | family or
household from future abuse, respondent shall be | ||||||
13 | prohibited from coming to
petitioner's residence to meet | ||||||
14 | the minor child for visitation, and the
parties shall | ||||||
15 | submit to the court their recommendations for reasonable
| ||||||
16 | alternative arrangements for visitation. A person may be | ||||||
17 | approved to
supervise visitation only after filing an | ||||||
18 | affidavit accepting
that responsibility and acknowledging | ||||||
19 | accountability to the court.
| ||||||
20 | (8) Removal or concealment of minor child.
Prohibit | ||||||
21 | respondent from
removing a minor child from the State or | ||||||
22 | concealing the child within the
State.
| ||||||
23 | (9) Order to appear. Order the respondent to
appear in | ||||||
24 | court, alone
or with a minor child, to prevent abuse, | ||||||
25 | neglect, removal or concealment of
the child, to return the | ||||||
26 | child to the custody or care of the petitioner or
to permit |
| |||||||
| |||||||
1 | any court-ordered interview or examination of the child or | ||||||
2 | the
respondent.
| ||||||
3 | (10) Possession of personal property. Grant petitioner | ||||||
4 | exclusive
possession of personal property and, if | ||||||
5 | respondent has possession or
control, direct respondent to | ||||||
6 | promptly make it available to petitioner, if:
| ||||||
7 | (i) petitioner, but not respondent, owns the | ||||||
8 | property; or
| ||||||
9 | (ii) the parties own the property jointly; sharing | ||||||
10 | it would risk
abuse of petitioner by respondent or is | ||||||
11 | impracticable; and the balance of
hardships favors | ||||||
12 | temporary possession by petitioner.
| ||||||
13 | If petitioner's sole claim to ownership of the property | ||||||
14 | is that it is
marital property, the court may award | ||||||
15 | petitioner temporary possession
thereof under the | ||||||
16 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
17 | proper proceeding has been filed under the Illinois | ||||||
18 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
19 | hereafter amended.
| ||||||
20 | No order under this provision shall affect title to | ||||||
21 | property.
| ||||||
22 | (11) Protection of property. Forbid the respondent | ||||||
23 | from taking,
transferring, encumbering, concealing, | ||||||
24 | damaging or otherwise disposing of
any real or personal | ||||||
25 | property, except as explicitly authorized by the
court, if:
| ||||||
26 | (i) petitioner, but not respondent, owns the |
| |||||||
| |||||||
1 | property; or
| ||||||
2 | (ii) the parties own the property jointly,
and the | ||||||
3 | balance of hardships favors granting this remedy.
| ||||||
4 | If petitioner's sole claim to ownership of the property | ||||||
5 | is that it is
marital property, the court may grant | ||||||
6 | petitioner relief under subparagraph
(ii) of this | ||||||
7 | paragraph only if a proper proceeding has been filed under | ||||||
8 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
9 | now or hereafter amended.
| ||||||
10 | The court may further prohibit respondent from | ||||||
11 | improperly using the
financial or other resources of an | ||||||
12 | aged member of the family or household
for the profit or | ||||||
13 | advantage of respondent or of any other person.
| ||||||
14 | (11.5) Protection of animals. Grant the petitioner the | ||||||
15 | exclusive care, custody, or control of any animal owned, | ||||||
16 | possessed, leased, kept, or held by either the petitioner | ||||||
17 | or the respondent or a minor child residing in the | ||||||
18 | residence or household of either the petitioner or the | ||||||
19 | respondent and order the respondent to stay away from the | ||||||
20 | animal and forbid the respondent from taking, | ||||||
21 | transferring, encumbering, concealing, harming, or | ||||||
22 | otherwise disposing of the animal.
| ||||||
23 | (12) Order for payment of support. Order
respondent to | ||||||
24 | pay temporary
support for the petitioner or any child in | ||||||
25 | the petitioner's care or
custody, when the respondent has a | ||||||
26 | legal obligation to support that person,
in accordance with |
| |||||||
| |||||||
1 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
2 | which shall govern, among other matters, the amount of
| ||||||
3 | support, payment through the clerk and withholding of | ||||||
4 | income to secure
payment. An order for child support may be | ||||||
5 | granted to a petitioner with
lawful physical care or | ||||||
6 | custody of a child, or an order or agreement for
physical | ||||||
7 | care or custody, prior to entry of an order for legal | ||||||
8 | custody.
Such a support order shall expire upon entry of a | ||||||
9 | valid order granting
legal custody to another, unless | ||||||
10 | otherwise provided in the custody order.
| ||||||
11 | (13) Order for payment of losses. Order
respondent to | ||||||
12 | pay petitioner
for losses suffered as a direct result of | ||||||
13 | the abuse. Such losses shall
include, but not be limited | ||||||
14 | to, medical expenses, lost earnings or other
support, | ||||||
15 | repair or replacement of property damaged or taken, | ||||||
16 | reasonable
attorney's fees, court costs and moving or other | ||||||
17 | travel expenses, including
additional reasonable expenses | ||||||
18 | for temporary shelter and restaurant meals.
| ||||||
19 | (i) Losses affecting family needs. If a party is | ||||||
20 | entitled to seek
maintenance, child support or | ||||||
21 | property distribution from the other party
under the | ||||||
22 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
23 | now or
hereafter amended, the court may order | ||||||
24 | respondent to reimburse petitioner's
actual losses, to | ||||||
25 | the extent that such reimbursement would be | ||||||
26 | "appropriate
temporary relief", as authorized by |
| |||||||
| |||||||
1 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
2 | (ii) Recovery of expenses. In the case of an | ||||||
3 | improper concealment
or removal of a minor child, the | ||||||
4 | court may order respondent to pay the reasonable
| ||||||
5 | expenses incurred or to be incurred in the search for | ||||||
6 | and recovery of the
minor child, including but not | ||||||
7 | limited to legal fees, court costs, private
| ||||||
8 | investigator fees, and travel costs.
| ||||||
9 | (14) Prohibition of entry. Prohibit the respondent | ||||||
10 | from entering or
remaining in the residence or household | ||||||
11 | while the respondent is under the
influence of alcohol or | ||||||
12 | drugs and constitutes a threat to the safety and
well-being | ||||||
13 | of the petitioner or the petitioner's children.
| ||||||
14 | (14.5) Prohibition of firearm possession. | ||||||
15 | (A) A person who is subject to an existing order of | ||||||
16 | protection, interim order of protection, emergency | ||||||
17 | order of protection, or plenary order of protection, | ||||||
18 | issued under this Code may not lawfully possess weapons | ||||||
19 | under Section 8.2 of the Firearm Owners Identification | ||||||
20 | Card Act. | ||||||
21 | (B) Any firearms in the
possession of the | ||||||
22 | respondent, except as provided in subparagraph (C) of | ||||||
23 | this paragraph (14.5), shall be ordered by the court to | ||||||
24 | be turned
over to a person with a valid Firearm Owner's | ||||||
25 | Identification Card for safekeeping. The court shall | ||||||
26 | issue an order that the respondent's Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card be turned over to the local law | ||||||
2 | enforcement agency, which in turn shall immediately | ||||||
3 | mail the card to the Department of State Police Firearm | ||||||
4 | Owner's Identification Card Office for safekeeping.
| ||||||
5 | The period of safekeeping shall be for the duration of | ||||||
6 | the order of protection. The firearm or firearms and | ||||||
7 | Firearm Owner's Identification Card, if unexpired, | ||||||
8 | shall at the respondent's request be returned to the | ||||||
9 | respondent at expiration of the order of protection.
| ||||||
10 | (C) If the respondent is a peace officer as defined | ||||||
11 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
12 | shall order that any firearms used by the
respondent in | ||||||
13 | the performance of his or her duties as a
peace officer | ||||||
14 | be surrendered to
the chief law enforcement executive | ||||||
15 | of the agency in which the respondent is
employed, who | ||||||
16 | shall retain the firearms for safekeeping for the | ||||||
17 | duration of the order of protection.
| ||||||
18 | (D) Upon expiration of the period of safekeeping, | ||||||
19 | if the firearms or Firearm Owner's Identification Card | ||||||
20 | cannot be returned to respondent because respondent | ||||||
21 | cannot be located, fails to respond to requests to | ||||||
22 | retrieve the firearms, or is not lawfully eligible to | ||||||
23 | possess a firearm, upon petition from the local law | ||||||
24 | enforcement agency, the court may order the local law | ||||||
25 | enforcement agency to destroy the firearms, use the | ||||||
26 | firearms for training purposes, or for any other |
| |||||||
| |||||||
1 | application as deemed appropriate by the local law | ||||||
2 | enforcement agency; or that the firearms be turned over | ||||||
3 | to a third party who is lawfully eligible to possess | ||||||
4 | firearms, and who does not reside with respondent. | ||||||
5 | (15) Prohibition of access to records. If an order of | ||||||
6 | protection
prohibits respondent from having contact with | ||||||
7 | the minor child,
or if petitioner's address is omitted | ||||||
8 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
9 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
10 | child, the order shall deny respondent access to, and
| ||||||
11 | prohibit respondent from inspecting, obtaining, or | ||||||
12 | attempting to
inspect or obtain, school or any other | ||||||
13 | records of the minor child
who is in the care of | ||||||
14 | petitioner.
| ||||||
15 | (16) Order for payment of shelter services. Order | ||||||
16 | respondent to
reimburse a shelter providing temporary | ||||||
17 | housing and counseling services to
the petitioner for the | ||||||
18 | cost of the services, as certified by the shelter
and | ||||||
19 | deemed reasonable by the court.
| ||||||
20 | (17) Order for injunctive relief. Enter injunctive | ||||||
21 | relief necessary
or appropriate to prevent further abuse of | ||||||
22 | a family or household member or
to effectuate one of the | ||||||
23 | granted remedies, if supported by the balance of
hardships. | ||||||
24 | If the harm to be prevented by the injunction is abuse or | ||||||
25 | any
other harm that one of the remedies listed in | ||||||
26 | paragraphs (1) through (16)
of this subsection is designed |
| |||||||
| |||||||
1 | to prevent, no further evidence is necessary
to establish | ||||||
2 | that the harm is an irreparable injury.
| ||||||
3 | (c) Relevant factors; findings.
| ||||||
4 | (1) In determining whether to grant a
specific remedy, | ||||||
5 | other than payment of support, the
court shall consider | ||||||
6 | relevant factors, including but not limited to the
| ||||||
7 | following:
| ||||||
8 | (i) the nature, frequency, severity, pattern and | ||||||
9 | consequences of the
respondent's past abuse of the | ||||||
10 | petitioner or any family or household
member, | ||||||
11 | including the concealment of his or her location in | ||||||
12 | order to evade
service of process or notice, and the | ||||||
13 | likelihood of danger of future abuse to
petitioner or
| ||||||
14 | any member of petitioner's or respondent's family or | ||||||
15 | household; and
| ||||||
16 | (ii) the danger that any minor child will be abused | ||||||
17 | or neglected or
improperly removed from the | ||||||
18 | jurisdiction, improperly concealed within the
State or | ||||||
19 | improperly separated from the child's primary | ||||||
20 | caretaker.
| ||||||
21 | (2) In comparing relative hardships resulting to the | ||||||
22 | parties from loss
of possession of the family home, the | ||||||
23 | court shall consider relevant
factors, including but not | ||||||
24 | limited to the following:
| ||||||
25 | (i) availability, accessibility, cost, safety, | ||||||
26 | adequacy, location and other
characteristics of |
| |||||||
| |||||||
1 | alternate housing for each party and any minor child or
| ||||||
2 | dependent adult in the party's care;
| ||||||
3 | (ii) the effect on the party's employment; and
| ||||||
4 | (iii) the effect on the relationship of the party, | ||||||
5 | and any minor
child or dependent adult in the party's | ||||||
6 | care, to family, school, church
and community.
| ||||||
7 | (3) Subject to the exceptions set forth in paragraph | ||||||
8 | (4) of this
subsection, the court shall make its findings | ||||||
9 | in an official record or in
writing, and shall at a minimum | ||||||
10 | set forth the following:
| ||||||
11 | (i) That the court has considered the applicable | ||||||
12 | relevant factors
described in paragraphs (1) and (2) of | ||||||
13 | this subsection.
| ||||||
14 | (ii) Whether the conduct or actions of respondent, | ||||||
15 | unless
prohibited, will likely cause irreparable harm | ||||||
16 | or continued abuse.
| ||||||
17 | (iii) Whether it is necessary to grant the | ||||||
18 | requested relief in order
to protect petitioner or | ||||||
19 | other alleged abused persons.
| ||||||
20 | (4) (Blank). For purposes of issuing an ex parte | ||||||
21 | emergency order of protection,
the court, as an alternative | ||||||
22 | to or as a supplement to making the findings
described in | ||||||
23 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
24 | subsection, may use
the following procedure:
| ||||||
25 | When a verified petition for an emergency order of | ||||||
26 | protection in
accordance with the requirements of Sections |
| |||||||
| |||||||
1 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
2 | shall examine petitioner on oath or
affirmation. An | ||||||
3 | emergency order of protection shall be issued by the court
| ||||||
4 | if it appears from the contents of the petition and the | ||||||
5 | examination of
petitioner that the averments are | ||||||
6 | sufficient to indicate abuse by
respondent and to support | ||||||
7 | the granting of relief under the issuance of the
emergency | ||||||
8 | order of protection.
| ||||||
9 | (5) Never married parties. No rights or | ||||||
10 | responsibilities for a minor
child born outside of marriage | ||||||
11 | attach to a putative father until a father and
child | ||||||
12 | relationship has been established under the Illinois | ||||||
13 | Parentage Act of
1984 or under the Illinois Parentage Act | ||||||
14 | of 2015 on and after the effective date of that Act. Absent | ||||||
15 | such an adjudication, no putative father shall be granted
| ||||||
16 | temporary custody of the minor child, visitation with the | ||||||
17 | minor child, or
physical care
and possession of the minor | ||||||
18 | child, nor shall
an order of payment for support of the | ||||||
19 | minor child be entered.
| ||||||
20 | (d) Balance of hardships; findings. If the court finds that | ||||||
21 | the balance
of hardships does not support the granting of a | ||||||
22 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
23 | subsection (b) of this Section,
which may require such | ||||||
24 | balancing, the court's findings shall so
indicate and shall | ||||||
25 | include a finding as to whether granting the remedy will
result | ||||||
26 | in hardship to respondent that would substantially outweigh the |
| |||||||
| |||||||
1 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
2 | shall be an official record or in
writing.
| ||||||
3 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
4 | based, in
whole or in part, on evidence that:
| ||||||
5 | (1) Respondent has cause for any use of force, unless | ||||||
6 | that cause
satisfies the standards for justifiable use of | ||||||
7 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
8 | (2) Respondent was voluntarily intoxicated;
| ||||||
9 | (3) Petitioner acted in self-defense or defense of | ||||||
10 | another, provided
that, if petitioner utilized force, such | ||||||
11 | force was justifiable under
Article 7 of the Criminal Code | ||||||
12 | of 2012;
| ||||||
13 | (4) Petitioner did not act in self-defense or defense | ||||||
14 | of another;
| ||||||
15 | (5) Petitioner left the residence or household to avoid | ||||||
16 | further abuse
by respondent;
| ||||||
17 | (6) Petitioner did not leave the residence or household | ||||||
18 | to avoid further
abuse by respondent;
| ||||||
19 | (7) Conduct by any family or household member excused | ||||||
20 | the abuse by
respondent, unless that same conduct would | ||||||
21 | have excused such abuse if the
parties had not been family | ||||||
22 | or household members.
| ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16 .)
| ||||||
24 | (725 ILCS 5/112A-14.5 new) | ||||||
25 | Sec. 112A-14.5. Civil no contact order; remedies. |
| |||||||
| |||||||
1 | (a) The court may order any of the remedies listed in this | ||||||
2 | Section. The remedies listed in this Section shall be in | ||||||
3 | addition to other civil or criminal remedies available to | ||||||
4 | petitioner: | ||||||
5 | (1) prohibit the respondent from knowingly coming
| ||||||
6 | within, or knowingly remaining within, a specified | ||||||
7 | distance from the petitioner; | ||||||
8 | (2) restrain the respondent from having any contact,
| ||||||
9 | including nonphysical contact, with the petitioner | ||||||
10 | directly, indirectly, or through third parties, regardless | ||||||
11 | of whether those third parties know of the order; | ||||||
12 | (3) prohibit the respondent from knowingly coming
| ||||||
13 | within, or knowingly remaining within, a specified | ||||||
14 | distance from the petitioner's residence, school, day care | ||||||
15 | or other specified location; | ||||||
16 | (4) order the respondent to stay away from any
property | ||||||
17 | or animal owned, possessed, leased, kept, or held by the | ||||||
18 | petitioner and forbid the respondent from taking, | ||||||
19 | transferring, encumbering, concealing, harming, or | ||||||
20 | otherwise disposing of the property or animal; and | ||||||
21 | (5) order any other injunctive relief as necessary or
| ||||||
22 | appropriate for the protection of the petitioner. | ||||||
23 | (b) When the petitioner and the respondent attend the same | ||||||
24 | public or private elementary, middle, or high school, the court | ||||||
25 | when issuing a civil no contact order and providing relief | ||||||
26 | shall consider the severity of the act, any continuing physical |
| |||||||
| |||||||
1 | danger or emotional distress to the petitioner, the educational | ||||||
2 | rights guaranteed to the petitioner and respondent under | ||||||
3 | federal and State law, the availability of a transfer of the | ||||||
4 | respondent to another school, a change of placement or a change | ||||||
5 | of program of the respondent, the expense, difficulty, and | ||||||
6 | educational disruption that would be caused by a transfer of | ||||||
7 | the respondent to another school, and any other relevant facts | ||||||
8 | of the case. The court may order that the respondent not attend | ||||||
9 | the public, private, or non-public elementary, middle, or high | ||||||
10 | school attended by the petitioner, order that the respondent | ||||||
11 | accept a change of placement or program, as determined by the | ||||||
12 | school district or private or non-public school, or place | ||||||
13 | restrictions on the respondent's movements within the school | ||||||
14 | attended by the petitioner. The respondent bears the burden of | ||||||
15 | proving by a preponderance of the evidence that a transfer, | ||||||
16 | change of placement, or change of program of the respondent is | ||||||
17 | not available. The respondent also bears the burden of | ||||||
18 | production with respect to the expense, difficulty, and | ||||||
19 | educational disruption that would be caused by a transfer of | ||||||
20 | the respondent to another school. A transfer, change of | ||||||
21 | placement, or change of program is not unavailable to the | ||||||
22 | respondent solely on the ground that the respondent does not | ||||||
23 | agree with the school district's or private or non-public | ||||||
24 | school's transfer, change of placement, or change of program or | ||||||
25 | solely on the ground that the respondent fails or refuses to | ||||||
26 | consent to or otherwise does not take an action required to |
| |||||||
| |||||||
1 | effectuate a transfer, change of placement, or change of | ||||||
2 | program. When a court orders a respondent to stay away from the | ||||||
3 | public, private, or non-public school attended by the | ||||||
4 | petitioner and the respondent requests a transfer to another | ||||||
5 | attendance center within the respondent's school district or | ||||||
6 | private or non-public school, the school district or private or | ||||||
7 | non-public school shall have sole discretion to determine the | ||||||
8 | attendance center to which the respondent is transferred. If | ||||||
9 | the court order results in a transfer of the minor respondent | ||||||
10 | to another attendance center, a change in the respondent's | ||||||
11 | placement, or a change of the respondent's program, the | ||||||
12 | parents, guardian, or legal custodian of the respondent is | ||||||
13 | responsible for transportation and other costs associated with | ||||||
14 | the transfer or change. | ||||||
15 | (c) The court may order the parents, guardian, or legal | ||||||
16 | custodian of a minor respondent to take certain actions or to | ||||||
17 | refrain from taking certain actions to ensure that the | ||||||
18 | respondent complies with the order. If the court orders a | ||||||
19 | transfer of the respondent to another school, the parents or | ||||||
20 | legal guardians of the respondent are responsible for | ||||||
21 | transportation and other costs associated with the change of | ||||||
22 | school by the respondent. | ||||||
23 | (d) Denial of a remedy may not be based, in whole or in | ||||||
24 | part, on evidence that: | ||||||
25 | (1) the respondent has cause for any use of force,
| ||||||
26 | unless that cause satisfies the standards for justifiable |
| |||||||
| |||||||
1 | use of force provided by Article 7 of the Criminal Code of | ||||||
2 | 2012; | ||||||
3 | (2) the respondent was voluntarily intoxicated; | ||||||
4 | (3) the petitioner acted in self-defense or defense
of | ||||||
5 | another, provided that, if the petitioner utilized force, | ||||||
6 | such force was justifiable under Article 7 of the Criminal | ||||||
7 | Code of 2012; | ||||||
8 | (4) the petitioner did not act in self-defense or
| ||||||
9 | defense of another; | ||||||
10 | (5) the petitioner left the residence or household to
| ||||||
11 | avoid further non-consensual sexual conduct or | ||||||
12 | non-consensual sexual penetration by the respondent; or | ||||||
13 | (6) the petitioner did not leave the residence or
| ||||||
14 | household to avoid further non-consensual sexual conduct | ||||||
15 | or non-consensual sexual penetration by the respondent. | ||||||
16 | (e) Monetary damages are not recoverable as a remedy.
| ||||||
17 | (725 ILCS 5/112A-14.7 new) | ||||||
18 | Sec. 112A-14.7. Stalking no contact order; remedies. | ||||||
19 | (a) The court may order any of the remedies listed in this | ||||||
20 | Section. The remedies listed in this Section shall be in | ||||||
21 | addition to other civil or criminal remedies available to | ||||||
22 | petitioner.
A stalking no contact order shall order one or more | ||||||
23 | of the following: | ||||||
24 | (1) prohibit the respondent from threatening to
commit | ||||||
25 | or committing stalking; |
| |||||||
| |||||||
1 | (2) order the respondent not to have any contact with
| ||||||
2 | the petitioner or a third person specifically named by the | ||||||
3 | court; | ||||||
4 | (3) prohibit the respondent from knowingly coming
| ||||||
5 | within, or knowingly remaining within a specified distance | ||||||
6 | of the petitioner or the petitioner's residence, school, | ||||||
7 | daycare, or place of employment, or any specified place | ||||||
8 | frequented by the petitioner; however, the court may order | ||||||
9 | the respondent to stay away from the respondent's own | ||||||
10 | residence, school, or place of employment only if the | ||||||
11 | respondent has been provided actual notice of the | ||||||
12 | opportunity to appear and be heard on the petition; | ||||||
13 | (4) prohibit the respondent from possessing a
Firearm | ||||||
14 | Owners Identification Card, or possessing or buying | ||||||
15 | firearms; and | ||||||
16 | (5) order other injunctive relief the court
determines | ||||||
17 | to be necessary to protect the petitioner or third party | ||||||
18 | specifically named by the court. | ||||||
19 | (b) When the petitioner and the respondent attend the same | ||||||
20 | public, private, or non-public elementary, middle, or high | ||||||
21 | school, the court when issuing a stalking no contact order and | ||||||
22 | providing relief shall consider the severity of the act, any | ||||||
23 | continuing physical danger or emotional distress to the | ||||||
24 | petitioner, the educational rights guaranteed to the | ||||||
25 | petitioner and respondent under federal and State law, the | ||||||
26 | availability of a transfer of the respondent to another school, |
| |||||||
| |||||||
1 | a change of placement or a change of program of the respondent, | ||||||
2 | the expense, difficulty, and educational disruption that would | ||||||
3 | be caused by a transfer of the respondent to another school, | ||||||
4 | and any other relevant facts of the case. The court may order | ||||||
5 | that the respondent not attend the public, private, or | ||||||
6 | non-public elementary, middle, or high school attended by the | ||||||
7 | petitioner, order that the respondent accept a change of | ||||||
8 | placement or program, as determined by the school district or | ||||||
9 | private or non-public school, or place restrictions on the | ||||||
10 | respondent's movements within the school attended by the | ||||||
11 | petitioner. The respondent bears the burden of proving by a | ||||||
12 | preponderance of the evidence that a transfer, change of | ||||||
13 | placement, or change of program of the respondent is not | ||||||
14 | available. The respondent also bears the burden of production | ||||||
15 | with respect to the expense, difficulty, and educational | ||||||
16 | disruption that would be caused by a transfer of the respondent | ||||||
17 | to another school. A transfer, change of placement, or change | ||||||
18 | of program is not unavailable to the respondent solely on the | ||||||
19 | ground that the respondent does not agree with the school | ||||||
20 | district's or private or non-public school's transfer, change | ||||||
21 | of placement, or change of program or solely on the ground that | ||||||
22 | the respondent fails or refuses to consent to or otherwise does | ||||||
23 | not take an action required to effectuate a transfer, change of | ||||||
24 | placement, or change of program. When a court orders a | ||||||
25 | respondent to stay away from the public, private, or non-public | ||||||
26 | school attended by the petitioner and the respondent requests a |
| |||||||
| |||||||
1 | transfer to another attendance center within the respondent's | ||||||
2 | school district or private or non-public school, the school | ||||||
3 | district or private or non-public school shall have sole | ||||||
4 | discretion to determine the attendance center to which the | ||||||
5 | respondent is transferred. If the court order results in a | ||||||
6 | transfer of the minor respondent to another attendance center, | ||||||
7 | a change in the respondent's placement, or a change of the | ||||||
8 | respondent's program, the parents, guardian, or legal | ||||||
9 | custodian of the respondent is responsible for transportation | ||||||
10 | and other costs associated with the transfer or change. | ||||||
11 | (c) The court may order the parents, guardian, or legal | ||||||
12 | custodian of a minor respondent to take certain actions or to | ||||||
13 | refrain from taking certain actions to ensure that the | ||||||
14 | respondent complies with the order. If the court orders a | ||||||
15 | transfer of the respondent to another school, the parents, | ||||||
16 | guardian, or legal custodian of the respondent are responsible | ||||||
17 | for transportation and other costs associated with the change | ||||||
18 | of school by the respondent. | ||||||
19 | (d) The court shall not hold a school district or private | ||||||
20 | or non-public school or any of its employees in civil or | ||||||
21 | criminal contempt unless the school district or private or | ||||||
22 | non-public school has been allowed to intervene. | ||||||
23 | (e) The court may hold the parents, guardian, or legal | ||||||
24 | custodian of a minor respondent in civil or criminal contempt | ||||||
25 | for a violation of any provision of any order entered under | ||||||
26 | this Article for conduct of the minor respondent in violation |
| |||||||
| |||||||
1 | of this Article if the parents, guardian, or legal custodian | ||||||
2 | directed, encouraged, or assisted the respondent minor in the | ||||||
3 | conduct. | ||||||
4 | (f) Monetary damages are not recoverable as a remedy. | ||||||
5 | (g) If the stalking no contact order prohibits the | ||||||
6 | respondent from possessing a Firearm Owner's Identification | ||||||
7 | Card, or possessing or buying firearms; the court shall | ||||||
8 | confiscate the respondent's Firearm Owner's Identification | ||||||
9 | Card and immediately return the card to the Department of State | ||||||
10 | Police Firearm Owner's Identification Card Office.
| ||||||
11 | (725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15)
| ||||||
12 | Sec. 112A-15.
Mutual orders of protection; correlative | ||||||
13 | separate
orders. Mutual orders of protection are prohibited. | ||||||
14 | Correlative separate orders
of protection undermine the | ||||||
15 | purposes of this Article and are prohibited . If separate
orders | ||||||
16 | of protection in a criminal or delinquency case are sought, | ||||||
17 | there
must be compliance with Section 112A-2. Nothing in this | ||||||
18 | Section prohibits
a victim party from seeking a civil order of | ||||||
19 | protection.
| ||||||
20 | If correlative separate orders of protection result after | ||||||
21 | being sought
in separate criminal or delinquency actions in | ||||||
22 | accordance with Section 112A-2,
that fact
shall not be a | ||||||
23 | sufficient basis to deny any remedy to either petitioner or to | ||||||
24 | prove that the parties are equally at fault or
equally | ||||||
25 | endangered.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-1186.)
| ||||||
2 | (725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
| ||||||
3 | Sec. 112A-20. Duration and extension of protective orders.
| ||||||
4 | (a) (Blank). Duration of emergency and interim orders. | ||||||
5 | Unless re-opened or
extended or voided by entry of
an order of | ||||||
6 | greater duration:
| ||||||
7 | (1) Emergency orders issued under Section 112A-17 | ||||||
8 | shall be
effective for not less than 14 nor more than 21 | ||||||
9 | days;
| ||||||
10 | (2) Interim orders shall be effective for up to 30 | ||||||
11 | days.
| ||||||
12 | (b) A protective order Duration of plenary orders. Except | ||||||
13 | as otherwise provided in this
Section, a plenary order of | ||||||
14 | protection shall be valid for a fixed period
of time not to | ||||||
15 | exceed 2 years.
A plenary order of protection entered in | ||||||
16 | conjunction with a criminal
prosecution shall remain in effect | ||||||
17 | as follows:
| ||||||
18 | (1) if entered during pre-trial release, until | ||||||
19 | disposition, withdrawal,
or dismissal of the underlying | ||||||
20 | charge; if, however, the case is continued as an
| ||||||
21 | independent cause of action, the order's duration may be | ||||||
22 | for a fixed period
of time not to exceed 2 years;
| ||||||
23 | (2) if in effect in conjunction with a bond forfeiture | ||||||
24 | warrant, until
final disposition or an additional period
of | ||||||
25 | time not
exceeding 2 years; no order of
protection, |
| |||||||
| |||||||
1 | however, shall be terminated by a dismissal that is | ||||||
2 | accompanied
by the issuance of a bond forfeiture warrant;
| ||||||
3 | (3) until 2 years after the expiration of any | ||||||
4 | supervision, conditional discharge,
probation, periodic | ||||||
5 | imprisonment, parole, aftercare release, or mandatory | ||||||
6 | supervised release for orders of protection and civil no | ||||||
7 | contact orders and for an additional period of time | ||||||
8 | thereafter not
exceeding 2 years ; or
| ||||||
9 | (4) until 2 years after the date set by the court for | ||||||
10 | expiration of any sentence of
imprisonment and subsequent | ||||||
11 | parole, aftercare release, or mandatory supervised release
| ||||||
12 | for orders of protection and civil no contact orders; and | ||||||
13 | and for an additional period of time
thereafter not | ||||||
14 | exceeding 2 years.
| ||||||
15 | (5) permanent for a stalking no contact order if a | ||||||
16 | judgment of conviction for stalking is entered. | ||||||
17 | (c) Computation of time. The duration of an order of | ||||||
18 | protection shall
not be reduced by the duration of any prior | ||||||
19 | order of protection.
| ||||||
20 | (d) Law enforcement records. When a protective a plenary | ||||||
21 | order of protection expires
upon the occurrence of a specified | ||||||
22 | event, rather than upon a specified date
as provided in | ||||||
23 | subsection (b), no expiration date shall be entered in
| ||||||
24 | Department of State Police records. To remove the protective | ||||||
25 | plenary order from
those records, either the petitioner or the | ||||||
26 | respondent party shall request the clerk of the court to file a
|
| |||||||
| |||||||
1 | certified copy of an order stating that the specified event has | ||||||
2 | occurred or
that the protective plenary order has been vacated | ||||||
3 | or modified with the sheriff, and the
sheriff shall direct that | ||||||
4 | law enforcement records shall be promptly
corrected in | ||||||
5 | accordance with the filed order.
| ||||||
6 | (e) Extension of Orders. Any emergency, interim or plenary | ||||||
7 | order of
protection or civil no contact order that expires 2 | ||||||
8 | years after the expiration of the defendant's sentence under | ||||||
9 | paragraph (2), (3), or (4) of subsection (b) of Section 112A-20 | ||||||
10 | of this Article may be extended one or more times, as required , | ||||||
11 | provided that
the requirements of Section 112A-17, 112A-18 or | ||||||
12 | 112A-19, as appropriate, are satisfied . The petitioner or the | ||||||
13 | State's Attorney on the petitioner's behalf shall file the | ||||||
14 | motion for an extension of the protective order in the criminal | ||||||
15 | case and serve the motion in accordance with Supreme Court | ||||||
16 | Rules 11 and 12. The court shall transfer the motion to the | ||||||
17 | appropriate court or division for consideration under | ||||||
18 | subsection (e) of Section 220 of the Illinois Domestic Violence | ||||||
19 | Act of 1986 or subsection (c) of Section 216 of the Civil No | ||||||
20 | Contact Order Act, as appropriate.
If the motion for extension | ||||||
21 | is uncontested and petitioner seeks no
modification of the | ||||||
22 | order,
the order may be extended on the basis of petitioner's | ||||||
23 | motion or
affidavit stating that there has been no material | ||||||
24 | change in relevant
circumstances since entry of the order and | ||||||
25 | stating the reason for the
requested extension. An extension of | ||||||
26 | a plenary order of protection may be granted, upon good cause |
| |||||||
| |||||||
1 | shown, to remain in effect until the order of protection is | ||||||
2 | vacated or modified. Extensions may be granted only in
open | ||||||
3 | court and not under the provisions of Section 112A-17(c), which
| ||||||
4 | applies only when the court is unavailable at the close of | ||||||
5 | business or on a
court holiday.
| ||||||
6 | (f) Termination date. Any order of protection which would | ||||||
7 | expire on a
court holiday shall instead expire at the close of | ||||||
8 | the next court business day.
| ||||||
9 | (g) Statement of purpose. The practice of dismissing or | ||||||
10 | suspending a
criminal prosecution in exchange for issuing an | ||||||
11 | order of protection
undermines the purposes of this Article. | ||||||
12 | This Section shall not be
construed as encouraging that | ||||||
13 | practice.
| ||||||
14 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
15 | (725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
| ||||||
16 | Sec. 112A-21. Contents of orders.
| ||||||
17 | (a) Any order of protection shall
describe, in reasonable | ||||||
18 | detail and not by reference to any other
document, the | ||||||
19 | following:
| ||||||
20 | (1) Each remedy granted by the court, in reasonable | ||||||
21 | detail and not by
reference to any other document, so that | ||||||
22 | respondent may clearly understand
what he or she must do or | ||||||
23 | refrain from doing. Pre-printed form orders
of
protection | ||||||
24 | shall include the definitions of the types of abuse,
as | ||||||
25 | provided
in Section 112A-3.
Remedies set forth in |
| |||||||
| |||||||
1 | pre-printed form orders shall be numbered
consistently | ||||||
2 | with and corresponding to the numerical sequence of | ||||||
3 | remedies
listed in Section 112A-14 (at least as of the date | ||||||
4 | the form orders are
printed).
| ||||||
5 | (2) The reason for denial of petitioner's request for | ||||||
6 | any remedy listed
in Section 112A-14.
| ||||||
7 | (b) An order of protection shall further state the | ||||||
8 | following:
| ||||||
9 | (1) The name of each petitioner that the court finds is | ||||||
10 | a victim of a charged offense was abused
by
respondent , and | ||||||
11 | that respondent is a member of the family or household of
| ||||||
12 | each such petitioner, and the name of each other person | ||||||
13 | protected by the
order and that such person is protected by | ||||||
14 | this Act.
| ||||||
15 | (2) For any remedy requested by petitioner on which the | ||||||
16 | court has
declined to rule, that that remedy is reserved.
| ||||||
17 | (3) The date and time the order of protection was | ||||||
18 | issued , whether it is an
emergency, interim or plenary | ||||||
19 | order and the duration of the order .
| ||||||
20 | (4) (Blank). The date, time and place for any scheduled | ||||||
21 | hearing for extension of
that order of protection or for | ||||||
22 | another order of greater duration or scope.
| ||||||
23 | (5) (Blank). For each remedy in an emergency order of | ||||||
24 | protection, the reason for
entering that remedy without | ||||||
25 | prior notice to respondent or greater notice
than was | ||||||
26 | actually given.
|
| |||||||
| |||||||
1 | (6) (Blank). For emergency and interim orders of | ||||||
2 | protection, that respondent may
petition the court, in | ||||||
3 | accordance with Section 112A-24, to re-open
that order if | ||||||
4 | he or she did not receive actual prior notice of the | ||||||
5 | hearing, in
accordance with Section 112A-11, and alleges | ||||||
6 | that he or she had a
meritorious defense to the order or | ||||||
7 | that the order or any of its remedies
was not authorized by | ||||||
8 | this Article.
| ||||||
9 | (c) Any order of protection shall include the following | ||||||
10 | notice, printed in
conspicuous type: | ||||||
11 | "Any knowing violation of an order of protection
| ||||||
12 | forbidding physical abuse, harassment,
intimidation, | ||||||
13 | interference with personal liberty, willful deprivation, | ||||||
14 | or
entering or remaining present at
specified places when | ||||||
15 | the protected person is present, or granting exclusive
| ||||||
16 | possession of the residence or household, or granting a | ||||||
17 | stay away order
is a Class A misdemeanor. Grant
of | ||||||
18 | exclusive possession of the residence or household shall | ||||||
19 | constitute
notice forbidding trespass to land. Any
knowing | ||||||
20 | violation of an order awarding legal custody or physical | ||||||
21 | care of a
child or prohibiting removal or concealment
of a | ||||||
22 | child may be a Class 4 felony. Any willful violation of any | ||||||
23 | order is
contempt of court. Any violation may result in | ||||||
24 | fine or imprisonment."
| ||||||
25 | (d) (Blank). An emergency order of protection shall state, | ||||||
26 | "This Order of Protection is enforceable, even without |
| |||||||
| |||||||
1 | registration, in all 50 states, the District of Columbia, | ||||||
2 | tribal lands, and the U.S. territories pursuant to the Violence | ||||||
3 | Against Women Act (18 U.S.C. 2265). Violating this Order of | ||||||
4 | Protection may subject the respondent to federal charges and | ||||||
5 | punishment (18 U.S.C. 2261-2262)."
| ||||||
6 | (e) An interim or plenary order of protection shall state, | ||||||
7 | "This Order of Protection is enforceable, even without | ||||||
8 | registration, in all 50 states, the District of Columbia, | ||||||
9 | tribal lands, and the U.S. territories pursuant to the Violence | ||||||
10 | Against Women Act (18 U.S.C. 2265). Violating this Order of | ||||||
11 | Protection may subject the respondent to federal charges and | ||||||
12 | punishment (18 U.S.C. 2261-2262). The respondent may be subject | ||||||
13 | to federal criminal penalties for possessing, transporting, | ||||||
14 | shipping, or receiving any firearm or ammunition under the Gun | ||||||
15 | Control Act (18 U.S.C. 922(g)(8) and (9))."
| ||||||
16 | (Source: P.A. 93-944, eff. 1-1-05.)
| ||||||
17 | (725 ILCS 5/112A-21.5 new) | ||||||
18 | Sec. 112A-21.5. Contents of civil no contact orders. | ||||||
19 | (a) Any civil no contact order shall describe each remedy | ||||||
20 | granted by the court, in reasonable detail and not by reference | ||||||
21 | to any other document, so that the respondent may clearly | ||||||
22 | understand what he or she must do or refrain from doing. | ||||||
23 | (b) A civil no contact order shall further state the | ||||||
24 | following: | ||||||
25 | (1) The name of each petitioner that the court finds is |
| |||||||
| |||||||
1 | a victim of a charged offense
and the name of each other | ||||||
2 | person protected by the civil no contact order. | ||||||
3 | (2) The date and time the civil no contact order was
| ||||||
4 | issued. | ||||||
5 | (c) A civil no contact order shall include the following | ||||||
6 | notice, printed in conspicuous type: | ||||||
7 | "Any knowing violation of a civil no contact order is a | ||||||
8 | Class A misdemeanor. Any second or subsequent violation is | ||||||
9 | a Class 4 felony." | ||||||
10 | "This Civil No Contact Order is enforceable, even | ||||||
11 | without registration, in all 50 states, the District of | ||||||
12 | Columbia, tribal lands, and the U.S. territories under the | ||||||
13 | Violence Against Women Act (18 U.S.C. 2265)."
| ||||||
14 | (725 ILCS 5/112A-21.7 new) | ||||||
15 | Sec. 112A-21.7. Contents of stalking no contact orders. | ||||||
16 | (a) Any stalking no contact order shall describe each | ||||||
17 | remedy granted by the court, in reasonable detail and not by | ||||||
18 | reference to any other document, so that the respondent may | ||||||
19 | clearly understand what he or she must do or refrain from | ||||||
20 | doing. | ||||||
21 | (b) A stalking no contact order shall further state the | ||||||
22 | following: | ||||||
23 | (1) The name of each petitioner that the court finds
| ||||||
24 | was the victim of stalking by the respondent. | ||||||
25 | (2) The date and time the stalking no contact order was |
| |||||||
| |||||||
1 | issued. | ||||||
2 | (c) A stalking no contact order shall include the following | ||||||
3 | notice, printed in conspicuous type: | ||||||
4 | "An initial knowing violation of a stalking no contact | ||||||
5 | order is a Class A misdemeanor. Any second or subsequent | ||||||
6 | knowing violation is a Class 4 felony." | ||||||
7 | "This Stalking No Contact Order is enforceable, even | ||||||
8 | without registration, in all 50 states, the District of | ||||||
9 | Columbia, tribal lands, and the U.S. territories under the | ||||||
10 | Violence Against Women Act (18 U.S.C. 2265)."
| ||||||
11 | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||||||
12 | Sec. 112A-22. Notice of orders.
| ||||||
13 | (a) Entry and issuance. Upon issuance
of any order of | ||||||
14 | protection, the clerk shall
immediately , or on the next court | ||||||
15 | day if an emergency order is
issued in accordance with | ||||||
16 | subsection (c) of Section 112A-17,
(i) enter the order on the | ||||||
17 | record and file it
in accordance with the circuit court
| ||||||
18 | procedures and (ii) provide a file stamped copy of the order to
| ||||||
19 | respondent , if present, and to petitioner , if present, and to | ||||||
20 | the State's Attorney . If the victim is not present the State's | ||||||
21 | Attorney shall (i) as soon as practicable notify the petitioner | ||||||
22 | the order has been entered and (ii) provide a file stamped copy | ||||||
23 | of the order to the petitioner within 3 days.
| ||||||
24 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
25 | shall, or
the petitioner may, on the same day that a protective |
| |||||||
| |||||||
1 | order an order of protection is
issued, file a copy of that | ||||||
2 | order with the sheriff or other law enforcement
officials | ||||||
3 | charged with maintaining Department of State Police records . or
| ||||||
4 | charged with serving the order upon respondent.
If the order | ||||||
5 | was issued in accordance with subsection (c) of Section | ||||||
6 | 112A-17,
the
clerk shall on the next court day, file a | ||||||
7 | certified copy of the order with the
Sheriff or other law | ||||||
8 | enforcement officials charged with maintaining Department
of | ||||||
9 | State Police records. If the respondent, at the time of the | ||||||
10 | issuance of the order, is committed to the custody of the | ||||||
11 | Illinois Department of Corrections or Illinois Department of | ||||||
12 | Juvenile Justice or is on parole, aftercare release, or | ||||||
13 | mandatory supervised release, the sheriff or other law | ||||||
14 | enforcement officials charged with maintaining Department of | ||||||
15 | State Police records shall notify the Department of Corrections | ||||||
16 | or Department of Juvenile Justice within 48 hours of receipt of | ||||||
17 | a copy of the order of protection from the clerk of the issuing | ||||||
18 | judge or the petitioner. Such notice shall include the name of | ||||||
19 | the respondent, the respondent's IDOC inmate number or IDJJ | ||||||
20 | youth identification number, the respondent's date of birth, | ||||||
21 | and the LEADS Record Index Number.
| ||||||
22 | (c) (Blank). Service by sheriff. Unless respondent was | ||||||
23 | present in court when the
order was issued, the sheriff, other | ||||||
24 | law enforcement official or special
process server shall
| ||||||
25 | promptly serve that order upon respondent and file proof of | ||||||
26 | such service,
in the manner provided for service of process in |
| |||||||
| |||||||
1 | civil proceedings.
Instead of serving the order upon the | ||||||
2 | respondent, however, the sheriff, other
law enforcement | ||||||
3 | official, special process server, or other persons defined in | ||||||
4 | Section 112A-22.10 may serve the respondent
with a short form | ||||||
5 | notification as provided in Section 112A-22.10.
If
process has | ||||||
6 | not yet been served upon the respondent, it shall be served
| ||||||
7 | with the order or short form notification if such service is | ||||||
8 | made by the sheriff, other law enforcement official, or special | ||||||
9 | process server.
| ||||||
10 | (c-5) (Blank). If the person against whom the order of | ||||||
11 | protection is issued is
arrested and the written order is | ||||||
12 | issued in accordance with subsection (c) of
Section 112A-17
and | ||||||
13 | received by the custodial law enforcement agency before the | ||||||
14 | respondent or
arrestee is released from custody, the custodial | ||||||
15 | law enforcement agent shall
promptly serve the order upon the | ||||||
16 | respondent or arrestee before the
respondent or arrestee is | ||||||
17 | released from custody. In no event shall detention
of the | ||||||
18 | respondent or arrestee be extended for hearing on the petition | ||||||
19 | for order
of protection or receipt of the order issued under | ||||||
20 | Section 112A-17 of this
Code.
| ||||||
21 | (d) (Blank). Extensions, modifications and revocations. | ||||||
22 | Any order extending,
modifying or revoking any order of | ||||||
23 | protection shall be promptly recorded,
issued and served as | ||||||
24 | provided in this Section.
| ||||||
25 | (e) Notice to health care facilities and health care | ||||||
26 | practitioners. Upon the request of the petitioner, the clerk of |
| |||||||
| |||||||
1 | the circuit court shall send a certified copy of the protective | ||||||
2 | order of protection to any specified health care facility or | ||||||
3 | health care practitioner requested by the petitioner at the | ||||||
4 | mailing address provided by the petitioner. | ||||||
5 | (f) Disclosure by health care facilities and health care | ||||||
6 | practitioners. After receiving a certified copy of a protective | ||||||
7 | order an order of protection that prohibits a respondent's | ||||||
8 | access to records, no health care facility or health care | ||||||
9 | practitioner shall allow a respondent access to the records of | ||||||
10 | any child who is a protected person under the protective order | ||||||
11 | of protection , or release information in those records to the | ||||||
12 | respondent, unless the order has expired or the respondent | ||||||
13 | shows a certified copy of the court order vacating the | ||||||
14 | corresponding protective order of protection that was sent to | ||||||
15 | the health care facility or practitioner. Nothing in this | ||||||
16 | Section shall be construed to require health
care facilities or | ||||||
17 | health care practitioners to alter procedures related to | ||||||
18 | billing and payment. The health care facility or health care | ||||||
19 | practitioner may file the copy of the protective order of | ||||||
20 | protection in the records of a child who is a protected person | ||||||
21 | under the protective order of protection , or may employ any | ||||||
22 | other method to identify the records to which a respondent is | ||||||
23 | prohibited access. No health care facility or health care | ||||||
24 | practitioner shall be civilly or professionally liable for
| ||||||
25 | reliance on a copy of a protective order an order of | ||||||
26 | protection , except for willful and wanton misconduct. |
| |||||||
| |||||||
1 | (g) Notice to schools. Upon the request of the petitioner, | ||||||
2 | within 24
hours of the issuance of a protective order an order | ||||||
3 | of
protection , the clerk of the issuing judge shall
send a | ||||||
4 | certified copy of
the protective order of protection to the | ||||||
5 | day-care facility,
pre-school or pre-kindergarten, or private | ||||||
6 | school or the principal
office of the public school district or | ||||||
7 | any college or university in which any child who
is a protected | ||||||
8 | person under the protective order of protection or any child
of
| ||||||
9 | the
petitioner is enrolled as requested by the petitioner at | ||||||
10 | the mailing address provided by the petitioner.
If the child | ||||||
11 | transfers enrollment to another day-care facility, pre-school,
| ||||||
12 | pre-kindergarten,
private school, public school, college, or | ||||||
13 | university, the petitioner may,
within 24 hours
of the | ||||||
14 | transfer, send to the clerk written notice of the transfer, | ||||||
15 | including
the name and
address of the institution to which the | ||||||
16 | child is transferring.
Within 24 hours of receipt of notice
| ||||||
17 | from the petitioner that a child is transferring to another | ||||||
18 | day-care facility,
pre-school, pre-kindergarten, private | ||||||
19 | school, public school, college, or
university, the clerk shall | ||||||
20 | send a certified copy of the order to the institution to which | ||||||
21 | the child
is
transferring. | ||||||
22 | (h) Disclosure by schools. After receiving a certified copy | ||||||
23 | of a protective order an order
of protection that prohibits a | ||||||
24 | respondent's access to records, neither a
day-care facility, | ||||||
25 | pre-school, pre-kindergarten, public
or private school, | ||||||
26 | college, or university nor its employees shall allow a
|
| |||||||
| |||||||
1 | respondent access to a
protected child's records or release | ||||||
2 | information in those records to the
respondent. The school | ||||||
3 | shall file
the copy of the protective order of protection in | ||||||
4 | the records of a child who
is a protected person under the | ||||||
5 | order of protection . When a child who is a
protected person | ||||||
6 | under the protective order of protection transfers to another | ||||||
7 | day-care
facility, pre-school, pre-kindergarten, public or | ||||||
8 | private school, college, or
university, the institution from | ||||||
9 | which the child is transferring may, at the
request of the | ||||||
10 | petitioner, provide,
within 24 hours of the transfer, written | ||||||
11 | notice of the protective order of protection ,
along with a | ||||||
12 | certified copy of the order, to the institution to which the | ||||||
13 | child
is
transferring. | ||||||
14 | (Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, | ||||||
15 | eff. 1-1-14.)
| ||||||
16 | (725 ILCS 5/112A-22.3 new) | ||||||
17 | Sec. 112A-22.3. Withdrawal or dismissal of charges or | ||||||
18 | petition. | ||||||
19 | (a) Voluntary dismissal or withdrawal of any delinquency | ||||||
20 | petition or criminal prosecution or a finding of not guilty | ||||||
21 | shall not require dismissal or vacation of the protective | ||||||
22 | order; instead, at the request of the petitioner, in the | ||||||
23 | discretion of the State's Attorney, or on the court's motion, | ||||||
24 | it may be treated as an independent action and, if necessary | ||||||
25 | and appropriate, transferred to a different court or division. |
| |||||||
| |||||||
1 | Dismissal of any delinquency petition or criminal prosecution | ||||||
2 | shall not affect the validity of any previously issued | ||||||
3 | protective order. | ||||||
4 | (b) Withdrawal or dismissal of any petition for a | ||||||
5 | protective order shall operate as a dismissal without | ||||||
6 | prejudice.
| ||||||
7 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
8 | Sec. 112A-23. Enforcement of protective orders of | ||||||
9 | protection .
| ||||||
10 | (a) When violation is crime. A violation of any order of | ||||||
11 | protection,
whether issued in a civil, quasi-criminal | ||||||
12 | proceeding, shall be
enforced by a
criminal court when:
| ||||||
13 | (1) The respondent commits the crime of violation of an | ||||||
14 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
15 | the Criminal Code of
1961 or the Criminal Code of 2012, by
| ||||||
16 | having knowingly violated:
| ||||||
17 | (i) remedies described in paragraphs (1), (2), | ||||||
18 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
19 | 112A-14,
| ||||||
20 | (ii) a remedy, which is substantially similar to | ||||||
21 | the remedies
authorized
under paragraphs (1), (2), | ||||||
22 | (3), (14) or (14.5) of subsection (b) of Section 214
of | ||||||
23 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
24 | order of protection,
which is authorized under the laws | ||||||
25 | of another state, tribe or United States
territory,
|
| |||||||
| |||||||
1 | (iii) or any other remedy when the act
constitutes | ||||||
2 | a crime against the protected parties as defined by the | ||||||
3 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
4 | Prosecution for a violation of an order of protection | ||||||
5 | shall
not bar concurrent prosecution for any other crime, | ||||||
6 | including any crime
that may have been committed at the | ||||||
7 | time of the violation of the order
of protection; or
| ||||||
8 | (2) The respondent commits the crime of child abduction | ||||||
9 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
11 | (i) remedies described in paragraphs (5), (6) or | ||||||
12 | (8) of subsection
(b)
of
Section 112A-14, or
| ||||||
13 | (ii) a remedy, which is substantially similar to | ||||||
14 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
15 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
16 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
17 | order of protection,
which is authorized under the laws | ||||||
18 | of another state, tribe or United States
territory.
| ||||||
19 | (3) The respondent commits the crime of violation of a | ||||||
20 | civil no contact order when the respondent violates Section | ||||||
21 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
22 | violation of a civil no contact order shall not bar | ||||||
23 | concurrent prosecution for any other crime, including any | ||||||
24 | crime that may have been committed at the time of the | ||||||
25 | violation of the civil no contact order. | ||||||
26 | (4) The respondent commits the crime of violation of a |
| |||||||
| |||||||
1 | stalking no contact order when the respondent violates | ||||||
2 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
3 | for a violation of a stalking no contact order shall not | ||||||
4 | bar concurrent prosecution for any other crime, including | ||||||
5 | any crime that may have been committed at the time of the | ||||||
6 | violation of the stalking no contact order. | ||||||
7 | (b) When violation is contempt of court. A violation of any | ||||||
8 | valid protective order of protection , whether issued in a civil | ||||||
9 | or criminal
proceeding, may be enforced through civil or | ||||||
10 | criminal contempt procedures,
as appropriate, by any court with | ||||||
11 | jurisdiction, regardless where the act or
acts which violated | ||||||
12 | the protective order of protection were committed, to the | ||||||
13 | extent
consistent with the venue provisions of this Article. | ||||||
14 | Nothing in this
Article shall preclude any Illinois court from | ||||||
15 | enforcing any valid protective order of
protection issued in | ||||||
16 | another state. Illinois courts may enforce protective orders of
| ||||||
17 | protection through both criminal prosecution and contempt | ||||||
18 | proceedings,
unless the action which is second in time is | ||||||
19 | barred by collateral estoppel
or the constitutional | ||||||
20 | prohibition against double jeopardy.
| ||||||
21 | (1) In a contempt proceeding where the petition for a | ||||||
22 | rule to show
cause sets forth facts evidencing an immediate | ||||||
23 | danger that the
respondent will flee the jurisdiction, | ||||||
24 | conceal a child, or inflict physical
abuse on the | ||||||
25 | petitioner or minor children or on dependent adults in
| ||||||
26 | petitioner's care, the court may order the
attachment of |
| |||||||
| |||||||
1 | the respondent without prior service of the rule to show
| ||||||
2 | cause or the petition for a rule to show cause. Bond shall | ||||||
3 | be set unless
specifically denied in writing.
| ||||||
4 | (2) A petition for a rule to show cause for violation | ||||||
5 | of a protective order an order of
protection shall be | ||||||
6 | treated as an expedited proceeding.
| ||||||
7 | (c) Violation of custody, allocation of parental | ||||||
8 | responsibility, or support orders. A violation of remedies
| ||||||
9 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
10 | of Section
112A-14 may be enforced by any remedy provided by | ||||||
11 | Section 607.5 of
the Illinois Marriage and Dissolution of | ||||||
12 | Marriage Act. The court may
enforce any order for support | ||||||
13 | issued under paragraph (12) of subsection (b)
of Section | ||||||
14 | 112A-14 in the manner provided for under Parts
V and VII of the
| ||||||
15 | Illinois Marriage and Dissolution of Marriage Act.
| ||||||
16 | (d) Actual knowledge. A protective order An order of | ||||||
17 | protection may be
enforced pursuant to this Section if the | ||||||
18 | respondent violates the order
after respondent has actual | ||||||
19 | knowledge of its contents
as shown through one of the following | ||||||
20 | means:
| ||||||
21 | (1) (Blank). By service, delivery, or notice under | ||||||
22 | Section 112A-10.
| ||||||
23 | (2) (Blank). By notice under Section 112A-11.
| ||||||
24 | (3) By service of an order of protection under Section | ||||||
25 | 112A-22.
| ||||||
26 | (4) By other means demonstrating actual knowledge of |
| |||||||
| |||||||
1 | the contents of the order.
| ||||||
2 | (e) The enforcement of an order of protection in civil or | ||||||
3 | criminal court
shall not be affected by either of the | ||||||
4 | following:
| ||||||
5 | (1) The existence of a separate, correlative order | ||||||
6 | entered under Section
112A-15.
| ||||||
7 | (2) Any finding or order entered in a conjoined | ||||||
8 | criminal proceeding.
| ||||||
9 | (f) Circumstances. The court, when determining whether or | ||||||
10 | not a
violation of a protective order an order of protection | ||||||
11 | has occurred, shall not require
physical manifestations of | ||||||
12 | abuse on the person of the victim.
| ||||||
13 | (g) Penalties.
| ||||||
14 | (1) Except as provided in paragraph (3) of this
| ||||||
15 | subsection, where the court finds the commission of a crime | ||||||
16 | or contempt of
court under subsections (a) or (b) of this | ||||||
17 | Section, the penalty shall be
the penalty that generally | ||||||
18 | applies in such criminal or contempt
proceedings, and may | ||||||
19 | include one or more of the following: incarceration,
| ||||||
20 | payment of restitution, a fine, payment of attorneys' fees | ||||||
21 | and costs, or
community service.
| ||||||
22 | (2) The court shall hear and take into account evidence | ||||||
23 | of any factors
in aggravation or mitigation before deciding | ||||||
24 | an appropriate penalty under
paragraph (1) of this | ||||||
25 | subsection.
| ||||||
26 | (3) To the extent permitted by law, the court is |
| |||||||
| |||||||
1 | encouraged to:
| ||||||
2 | (i) increase the penalty for the knowing violation | ||||||
3 | of
any protective order of protection over any penalty | ||||||
4 | previously imposed by any court
for respondent's | ||||||
5 | violation of any protective order of protection or | ||||||
6 | penal statute
involving petitioner as victim and | ||||||
7 | respondent as defendant;
| ||||||
8 | (ii) impose a minimum penalty of 24 hours | ||||||
9 | imprisonment for respondent's
first violation of any | ||||||
10 | protective order of protection ; and
| ||||||
11 | (iii) impose a minimum penalty of 48 hours | ||||||
12 | imprisonment for
respondent's second or subsequent | ||||||
13 | violation of a protective order an order of protection
| ||||||
14 | unless the court explicitly finds that an increased penalty | ||||||
15 | or that
period of imprisonment would be manifestly unjust.
| ||||||
16 | (4) In addition to any other penalties imposed for a | ||||||
17 | violation of a protective order an
order of protection , a | ||||||
18 | criminal court may consider evidence of any
violations of a | ||||||
19 | protective order an order of protection :
| ||||||
20 | (i) to increase, revoke or modify the bail bond on | ||||||
21 | an underlying
criminal charge pursuant to Section | ||||||
22 | 110-6;
| ||||||
23 | (ii) to revoke or modify an order of probation, | ||||||
24 | conditional discharge or
supervision, pursuant to | ||||||
25 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
26 | (iii) to revoke or modify a sentence of periodic |
| |||||||
| |||||||
1 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
2 | Code of Corrections.
| ||||||
3 | (Source: P.A. 99-90, eff. 1-1-16 .)
| ||||||
4 | (725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
| ||||||
5 | Sec. 112A-24. Modification , and re-opening , and extension | ||||||
6 | of orders.
| ||||||
7 | (a) Except as
otherwise provided in this Section, upon | ||||||
8 | motion by petitioner or the State's Attorney on behalf of the | ||||||
9 | petitioner , the court
may modify a protective an emergency, | ||||||
10 | interim, or plenary order of protection :
| ||||||
11 | (1) If respondent has abused petitioner since the | ||||||
12 | hearing for that
order, by adding or altering one or more | ||||||
13 | remedies, as authorized by
Section 112A-14 , 112A-14.5, or | ||||||
14 | 112A-14.7 of this Article ; and
| ||||||
15 | (2) Otherwise, by adding any remedy authorized by | ||||||
16 | Section 112A-14 , 112A-14.5, or 112A-14.7 which
was:
| ||||||
17 | (i) reserved in that protective order of | ||||||
18 | protection ;
| ||||||
19 | (ii) not requested for inclusion in that | ||||||
20 | protective order of protection ; or
| ||||||
21 | (iii) denied on procedural grounds, but not on the | ||||||
22 | merits.
| ||||||
23 | (a-5) A petitioner or the State's Attorney on the | ||||||
24 | petitioner's behalf may file a motion to vacate or modify a | ||||||
25 | permanent stalking no contact order 2 years or more after the |
| |||||||
| |||||||
1 | expiration of the defendant's sentence. The motion shall be | ||||||
2 | served in accordance with Supreme Court Rules 11 and 12. | ||||||
3 | (b) Upon motion by the petitioner , State's Attorney, or | ||||||
4 | respondent, the court may modify any
prior order of | ||||||
5 | protection's remedy for custody,
visitation or payment of
| ||||||
6 | support in accordance with the relevant provisions of the | ||||||
7 | Illinois Marriage
and Dissolution of Marriage Act.
| ||||||
8 | (c) After 30 days following the entry of a protective | ||||||
9 | plenary order of
protection , a court may modify that order only | ||||||
10 | when changes in the
applicable law or facts since that plenary | ||||||
11 | order was entered warrant a
modification of its terms.
| ||||||
12 | (d) (Blank). Upon 2 days notice to petitioner, in | ||||||
13 | accordance with Section 112A-11,
or such shorter notice as the | ||||||
14 | court may prescribe, a respondent subject to an
emergency or | ||||||
15 | interim order of protection issued under this Article may | ||||||
16 | appear
and petition the court to re-hear the original or | ||||||
17 | amended petition. Any petition to re-hear
shall be verified and | ||||||
18 | shall allege the following:
| ||||||
19 | (1) that respondent did not receive prior notice of the | ||||||
20 | initial
hearing in which the emergency or interim order was | ||||||
21 | entered, in accordance
with Sections 112A-11 and 112A-17; | ||||||
22 | and
| ||||||
23 | (2) that respondent had a meritorious defense to the | ||||||
24 | order or
any of its remedies or that
the order or any of | ||||||
25 | its remedies was not authorized
under this Article.
| ||||||
26 | (e) (Blank). If the emergency or interim order granted
|
| |||||||
| |||||||
1 | petitioner exclusive possession of the residence and the | ||||||
2 | petition of respondent seeks to
re-open or vacate that grant, | ||||||
3 | the court shall set a date for hearing within
14 days on all | ||||||
4 | issues relating to exclusive possession. Under no
| ||||||
5 | circumstances shall a court continue a hearing concerning | ||||||
6 | exclusive
possession beyond the 14th day except by agreement of | ||||||
7 | the parties. Other
issues raised by the pleadings may be | ||||||
8 | consolidated for the hearing if
neither party nor the court | ||||||
9 | objects.
| ||||||
10 | (f) (Blank). This Section does not limit the means, | ||||||
11 | otherwise available by law,
for vacating or modifying orders of | ||||||
12 | protection.
| ||||||
13 | (Source: P.A. 87-1186.)
| ||||||
14 | (725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
| ||||||
15 | Sec. 112A-25. Immunity from Prosecution. Any individual or | ||||||
16 | organization acting in good faith to report the abuse of
any | ||||||
17 | person 60 years of age or older or to do any of the
following in | ||||||
18 | complying with the provisions of this Article shall not be | ||||||
19 | subject
to criminal prosecution or civil liability as a result | ||||||
20 | of such action:
providing any information to the appropriate | ||||||
21 | law enforcement agency,
providing that the giving of any | ||||||
22 | information does not violate any
privilege of confidentiality | ||||||
23 | under law; assisting in any investigation;
assisting in the | ||||||
24 | preparation of any materials for distribution under this
| ||||||
25 | Article; or by providing services ordered under a protective |
| |||||||
| |||||||
1 | order an order of protection .
| ||||||
2 | (Source: P.A. 84-1305 incorporating 84-1232; 84-1438.)
| ||||||
3 | (725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| ||||||
4 | Sec. 112A-26. Arrest without warrant.
| ||||||
5 | (a) Any law enforcement officer may
make an arrest without
| ||||||
6 | warrant if the officer has probable cause to believe that the | ||||||
7 | person has
committed or is committing any crime, including but | ||||||
8 | not limited to
violation of an order of protection, under | ||||||
9 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
10 | Criminal Code of 2012, violation of a civil no contact order, | ||||||
11 | under Section 11-1.75 of the Criminal Code of 2012, or | ||||||
12 | violation of a stalking no contact order, under Section 12-7.5A | ||||||
13 | of the Criminal Code of 2012, even if the crime was not | ||||||
14 | committed in the presence of the
officer.
| ||||||
15 | (b) The law enforcement officer may verify the existence of | ||||||
16 | a protective an order of
protection by telephone or radio | ||||||
17 | communication with his or her law enforcement
agency or by | ||||||
18 | referring to the copy of the order provided by petitioner
or | ||||||
19 | respondent.
| ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
21 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
22 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
23 | agencies.
| ||||||
24 | (a) All sheriffs shall furnish to the Department of State |
| |||||||
| |||||||
1 | Police, daily, in
the form and detail the Department requires, | ||||||
2 | copies of any recorded protective orders of
protection issued | ||||||
3 | by the court, and any foreign orders of protection filed by
the | ||||||
4 | clerk of the court, and transmitted to the sheriff by the clerk | ||||||
5 | of the
court pursuant to subsection (b) of Section 112A-22 of | ||||||
6 | this Act . Each protective order of
protection shall be entered | ||||||
7 | in the Law Enforcement Agencies
Data System on the same day it | ||||||
8 | is issued by the court. If an emergency order
of protection was | ||||||
9 | issued in accordance with subsection (c) of Section 112A-17,
| ||||||
10 | the order shall be entered in the Law Enforcement Agencies
Data | ||||||
11 | System as soon as possible after receipt from the clerk.
| ||||||
12 | (b) The Department of State Police shall maintain a | ||||||
13 | complete and systematic
record and index of all valid and | ||||||
14 | recorded protective orders of protection issued or
filed under | ||||||
15 | pursuant to this Act. The data shall be used to inform all | ||||||
16 | dispatchers
and law enforcement officers at the scene of an | ||||||
17 | alleged incident of abuse or
violation of a protective order an | ||||||
18 | order of protection of any recorded prior incident of abuse
| ||||||
19 | involving the abused party and the effective dates and terms of | ||||||
20 | any recorded
protective order of protection .
| ||||||
21 | (c) The data, records and transmittals required under this | ||||||
22 | Section shall
pertain to : | ||||||
23 | (1) any valid emergency, interim or plenary order of | ||||||
24 | protection, civil no contact or stalking no contact order
| ||||||
25 | whether issued in a civil proceeding; and | ||||||
26 | (2) or any valid protective order issued in a criminal |
| |||||||
| |||||||
1 | proceeding or authorized under the laws
of another state, | ||||||
2 | tribe, or United States territory.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | (725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
| ||||||
5 | Sec. 112A-30. Assistance by law enforcement officers.
| ||||||
6 | (a) Whenever a law enforcement officer has reason to | ||||||
7 | believe that a person
has been abused by a family or household | ||||||
8 | member, the officer shall immediately
use all reasonable means | ||||||
9 | to prevent further abuse, including:
| ||||||
10 | (1) Arresting the abusing party, where appropriate;
| ||||||
11 | (2) If there is probable cause to believe that | ||||||
12 | particular weapons were
used to commit the incident of | ||||||
13 | abuse, subject to constitutional limitations,
seizing and | ||||||
14 | taking inventory of the weapons;
| ||||||
15 | (3) Accompanying the victim of abuse to his or her | ||||||
16 | place of residence for
a reasonable period of time to | ||||||
17 | remove necessary personal belongings and
possessions;
| ||||||
18 | (4) Offering the victim of abuse immediate and adequate | ||||||
19 | information
(written in a language appropriate for the | ||||||
20 | victim or in Braille or communicated
in appropriate sign | ||||||
21 | language), which shall include a summary of the procedures
| ||||||
22 | and relief available to victims of abuse under this Article | ||||||
23 | subsection (c) of Section
112A-17 and the officer's name | ||||||
24 | and badge number;
| ||||||
25 | (5) Providing the victim with one referral to an |
| |||||||
| |||||||
1 | accessible service
agency;
| ||||||
2 | (6) Advising the victim of abuse about seeking medical | ||||||
3 | attention and
preserving evidence (specifically including | ||||||
4 | photographs of injury or damage
and damaged clothing or | ||||||
5 | other property); and
| ||||||
6 | (7) Providing or arranging accessible transportation | ||||||
7 | for the victim of
abuse (and, at the victim's request, any | ||||||
8 | minors or dependents in the
victim's care) to a medical | ||||||
9 | facility for treatment of injuries or to a
nearby place of | ||||||
10 | shelter or safety; or, after the close of court business
| ||||||
11 | hours, providing or arranging for transportation for the | ||||||
12 | victim (and, at
the victim's request, any minors or | ||||||
13 | dependents in the victim's care) to the
nearest available | ||||||
14 | circuit judge or associate judge so the victim may file a
| ||||||
15 | petition for an emergency order of protection under Section | ||||||
16 | 217 of the Illinois Domestic Violence Act of 1986 | ||||||
17 | subsection (c) of
Section 112A-17 . When a victim of abuse | ||||||
18 | chooses to leave the scene of the
offense, it shall be | ||||||
19 | presumed that it is in the best interests of any minors or
| ||||||
20 | dependents in the victim's care to remain with the victim | ||||||
21 | or a person
designated by the victim, rather than to remain | ||||||
22 | with the abusing party.
| ||||||
23 | (b) Whenever a law enforcement officer does not exercise | ||||||
24 | arrest powers
or otherwise initiate criminal proceedings, the | ||||||
25 | officer shall:
| ||||||
26 | (1) Make a police report of the investigation of any |
| |||||||
| |||||||
1 | bona fide allegation
of an incident of abuse and the | ||||||
2 | disposition of the investigation, in accordance
with | ||||||
3 | subsection (a) of Section 112A-29;
| ||||||
4 | (2) Inform the victim of abuse of the victim's right to | ||||||
5 | request that a
criminal proceeding be initiated where | ||||||
6 | appropriate, including specific times
and places for | ||||||
7 | meeting with the State's Attorney's office, a warrant | ||||||
8 | officer,
or other official in accordance with local | ||||||
9 | procedure; and
| ||||||
10 | (3) Advise the victim of the importance of seeking | ||||||
11 | medical attention
and preserving evidence (specifically | ||||||
12 | including photographs of injury
or damage and damaged | ||||||
13 | clothing or other property).
| ||||||
14 | (c) Except as provided by Section 24-6 of the Criminal Code | ||||||
15 | of 2012 or
under a court order, any weapon seized under | ||||||
16 | subsection (a)(2) shall be
returned forthwith to the person | ||||||
17 | from whom it was seized when it is no longer
needed for | ||||||
18 | evidentiary purposes.
| ||||||
19 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
20 | (725 ILCS 5/112A-1 rep.)
| ||||||
21 | (725 ILCS 5/112A-2 rep.)
| ||||||
22 | (725 ILCS 5/112A-6 rep.)
| ||||||
23 | (725 ILCS 5/112A-7 rep.)
| ||||||
24 | (725 ILCS 5/112A-10 rep.)
| ||||||
25 | (725 ILCS 5/112A-11 rep.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-13 rep.)
| ||||||
2 | (725 ILCS 5/112A-17 rep.)
| ||||||
3 | (725 ILCS 5/112A-18 rep.)
| ||||||
4 | (725 ILCS 5/112A-19 rep.)
| ||||||
5 | (725 ILCS 5/112A-22.5 rep.)
| ||||||
6 | (725 ILCS 5/112A-22.10 rep.)
| ||||||
7 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
8 | amended by repealing Sections 112A-1, 112A-2, 112A-6, 112A-7, | ||||||
9 | 112A-10, 112A-11, 112A-13, 112A-17, 112A-18, 112A-19, | ||||||
10 | 112A-22.5, and 112A-22.10.
| ||||||
11 | Section 15. The Rights of Crime Victims and Witnesses Act | ||||||
12 | is amended by changing Section 4.5 as follows:
| ||||||
13 | (725 ILCS 120/4.5)
| ||||||
14 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
15 | victims. To afford
crime victims their rights, law enforcement, | ||||||
16 | prosecutors, judges and
corrections will provide information, | ||||||
17 | as appropriate of the following
procedures:
| ||||||
18 | (a) At the request of the crime victim, law enforcement | ||||||
19 | authorities
investigating the case shall provide notice of the | ||||||
20 | status of the investigation,
except where the State's Attorney | ||||||
21 | determines that disclosure of such
information would | ||||||
22 | unreasonably interfere with the investigation, until such
time | ||||||
23 | as the alleged assailant is apprehended or the investigation is | ||||||
24 | closed.
|
| |||||||
| |||||||
1 | (a-5) When law enforcement authorities re-open a closed | ||||||
2 | case to resume investigating, they shall provide notice of the | ||||||
3 | re-opening of the case, except where the State's Attorney | ||||||
4 | determines that disclosure of such information would | ||||||
5 | unreasonably interfere with the investigation. | ||||||
6 | (b) The office of the State's Attorney:
| ||||||
7 | (1) shall provide notice of the filing of an | ||||||
8 | information, the return of an
indictment, or the
filing of | ||||||
9 | a petition to adjudicate a minor as a delinquent for a | ||||||
10 | violent
crime;
| ||||||
11 | (2) shall provide timely notice of the date, time, and | ||||||
12 | place of court proceedings; of any change in the date, | ||||||
13 | time, and place of court proceedings; and of any | ||||||
14 | cancellation of court proceedings. Notice shall be | ||||||
15 | provided in sufficient time, wherever possible, for the | ||||||
16 | victim to
make arrangements to attend or to prevent an | ||||||
17 | unnecessary appearance at court proceedings;
| ||||||
18 | (3) or victim advocate personnel shall provide | ||||||
19 | information of social
services and financial assistance | ||||||
20 | available for victims of crime, including
information of | ||||||
21 | how to apply for these services and assistance;
| ||||||
22 | (3.5) or victim advocate personnel shall provide | ||||||
23 | information about available victim services, including | ||||||
24 | referrals to programs, counselors, and agencies that | ||||||
25 | assist a victim to deal with trauma, loss, and grief; | ||||||
26 | (4) shall assist in having any stolen or other personal |
| |||||||
| |||||||
1 | property held by
law enforcement authorities for | ||||||
2 | evidentiary or other purposes returned as
expeditiously as | ||||||
3 | possible, pursuant to the procedures set out in Section | ||||||
4 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
5 | (5) or victim advocate personnel shall provide | ||||||
6 | appropriate employer
intercession services to ensure that | ||||||
7 | employers of victims will cooperate with
the criminal | ||||||
8 | justice system in order to minimize an employee's loss of | ||||||
9 | pay and
other benefits resulting from court appearances;
| ||||||
10 | (6) shall provide, whenever possible, a secure waiting
| ||||||
11 | area during court proceedings that does not require victims | ||||||
12 | to be in close
proximity to defendants or juveniles accused | ||||||
13 | of a violent crime, and their
families and friends;
| ||||||
14 | (7) shall provide notice to the crime victim of the | ||||||
15 | right to have a
translator present at all court proceedings | ||||||
16 | and, in compliance with the federal Americans
with | ||||||
17 | Disabilities Act of 1990, the right to communications | ||||||
18 | access through a
sign language interpreter or by other | ||||||
19 | means;
| ||||||
20 | (8) (blank);
| ||||||
21 | (8.5) shall inform the victim of the right to be | ||||||
22 | present at all court proceedings, unless the victim is to | ||||||
23 | testify and the court determines that the victim's | ||||||
24 | testimony would be materially affected if the victim hears | ||||||
25 | other testimony at trial; | ||||||
26 | (9) shall inform the victim of the right to have |
| |||||||
| |||||||
1 | present at all court
proceedings, subject to the rules of | ||||||
2 | evidence and confidentiality, an advocate and other | ||||||
3 | support
person of the victim's choice; | ||||||
4 | (9.3) shall inform the victim of the right to retain an | ||||||
5 | attorney, at the
victim's own expense, who, upon written | ||||||
6 | notice filed with the clerk of the
court and State's | ||||||
7 | Attorney, is to receive copies of all notices, motions and
| ||||||
8 | court orders filed thereafter in the case, in the same | ||||||
9 | manner as if the victim
were a named party in the case;
| ||||||
10 | (9.5) shall inform the victim of (A) the victim's right | ||||||
11 | under Section 6 of this Act to make a victim impact | ||||||
12 | statement at the sentencing hearing; (B) the right of the | ||||||
13 | victim's spouse, guardian, parent, grandparent and other | ||||||
14 | immediate family and household members under Section 6 of | ||||||
15 | this Act to present an impact statement at sentencing; and | ||||||
16 | (C) if a presentence report is to be prepared, the right of | ||||||
17 | the victim's spouse, guardian, parent, grandparent and | ||||||
18 | other immediate family and household members to submit | ||||||
19 | information to the preparer of the presentence report about | ||||||
20 | the effect the offense has had on the victim and the | ||||||
21 | person; | ||||||
22 | (10) at the sentencing shall make a good faith attempt | ||||||
23 | to explain
the minimum amount of time during which the | ||||||
24 | defendant may actually be
physically imprisoned. The | ||||||
25 | Office of the State's Attorney shall further notify
the | ||||||
26 | crime victim of the right to request from the Prisoner |
| |||||||
| |||||||
1 | Review Board
or Department of Juvenile Justice information | ||||||
2 | concerning the release of the defendant;
| ||||||
3 | (11) shall request restitution at sentencing and as | ||||||
4 | part of a plea agreement if the victim requests | ||||||
5 | restitution;
| ||||||
6 | (12) shall, upon the court entering a verdict of not | ||||||
7 | guilty by reason of insanity, inform the victim of the | ||||||
8 | notification services available from the Department of | ||||||
9 | Human Services, including the statewide telephone number, | ||||||
10 | under subparagraph (d)(2) of this Section;
| ||||||
11 | (13) shall provide notice within a reasonable time | ||||||
12 | after receipt of notice from
the custodian, of the release | ||||||
13 | of the defendant on bail or personal recognizance
or the | ||||||
14 | release from detention of a minor who has been detained;
| ||||||
15 | (14) shall explain in nontechnical language the | ||||||
16 | details of any plea or verdict of
a defendant, or any | ||||||
17 | adjudication of a juvenile as a delinquent;
| ||||||
18 | (15) shall make all reasonable efforts to consult with | ||||||
19 | the crime victim before the Office of
the State's Attorney | ||||||
20 | makes an offer of a plea bargain to the defendant or
enters | ||||||
21 | into negotiations with the defendant concerning a possible | ||||||
22 | plea
agreement, and shall consider the written victim | ||||||
23 | impact statement, if prepared
prior to entering into a plea | ||||||
24 | agreement. The right to consult with the prosecutor does | ||||||
25 | not include the right to veto a plea agreement or to insist | ||||||
26 | the case go to trial. If the State's Attorney has not |
| |||||||
| |||||||
1 | consulted with the victim prior to making an offer or | ||||||
2 | entering into plea negotiations with the defendant, the | ||||||
3 | Office of the State's Attorney shall notify the victim of | ||||||
4 | the offer or the negotiations within 2 business days and | ||||||
5 | confer with the victim;
| ||||||
6 | (16) shall provide notice of the ultimate disposition | ||||||
7 | of the cases arising from
an indictment or an information, | ||||||
8 | or a petition to have a juvenile adjudicated
as a | ||||||
9 | delinquent for a violent crime;
| ||||||
10 | (17) shall provide notice of any appeal taken by the | ||||||
11 | defendant and information
on how to contact the appropriate | ||||||
12 | agency handling the appeal, and how to request notice of | ||||||
13 | any hearing, oral argument, or decision of an appellate | ||||||
14 | court;
| ||||||
15 | (18) shall provide timely notice of any request for | ||||||
16 | post-conviction review filed by the
defendant under | ||||||
17 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
18 | of
the date, time and place of any hearing concerning the | ||||||
19 | petition. Whenever
possible, notice of the hearing shall be | ||||||
20 | given within 48 hours of the court's scheduling of the | ||||||
21 | hearing; and
| ||||||
22 | (19) shall forward a copy of any statement presented | ||||||
23 | under Section 6 to the
Prisoner Review Board or Department | ||||||
24 | of Juvenile Justice to be considered in making a | ||||||
25 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
26 | Section 3-3-8 of the Unified Code of Corrections.
|
| |||||||
| |||||||
1 | (c) The court shall ensure that the rights of the victim | ||||||
2 | are afforded. | ||||||
3 | (c-5) The following procedures shall be followed to afford | ||||||
4 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
5 | Illinois Constitution: | ||||||
6 | (1) Written notice. A victim may complete a written | ||||||
7 | notice of intent to assert rights on a form prepared by the | ||||||
8 | Office of the Attorney General and provided to the victim | ||||||
9 | by the State's Attorney. The victim may at any time provide | ||||||
10 | a revised written notice to the State's Attorney. The | ||||||
11 | State's Attorney shall file the written notice with the | ||||||
12 | court. At the beginning of any court proceeding in which | ||||||
13 | the right of a victim may be at issue, the court and | ||||||
14 | prosecutor shall review the written notice to determine | ||||||
15 | whether the victim has asserted the right that may be at | ||||||
16 | issue. | ||||||
17 | (2) Victim's retained attorney. A victim's attorney | ||||||
18 | shall file an entry of appearance limited to assertion of | ||||||
19 | the victim's rights. Upon the filing of the entry of | ||||||
20 | appearance and service on the State's Attorney and the | ||||||
21 | defendant, the attorney is to receive copies of all | ||||||
22 | notices, motions and court orders filed thereafter in the | ||||||
23 | case. | ||||||
24 | (3) Standing. The victim has standing to assert the | ||||||
25 | rights enumerated in subsection (a) of Article I, Section | ||||||
26 | 8.1 of the Illinois Constitution and the statutory rights |
| |||||||
| |||||||
1 | under Section 4 of this Act in any court exercising | ||||||
2 | jurisdiction over the criminal case. The prosecuting | ||||||
3 | attorney, a victim, or the victim's retained attorney may | ||||||
4 | assert the victim's rights. The defendant in the criminal | ||||||
5 | case has no standing to assert a right of the victim in any | ||||||
6 | court proceeding, including on appeal. | ||||||
7 | (4) Assertion of and enforcement of rights. | ||||||
8 | (A) The prosecuting attorney shall assert a | ||||||
9 | victim's right or request enforcement of a right by | ||||||
10 | filing a motion or by orally asserting the right or | ||||||
11 | requesting enforcement in open court in the criminal | ||||||
12 | case outside the presence of the jury. The prosecuting | ||||||
13 | attorney shall consult with the victim and the victim's | ||||||
14 | attorney regarding the assertion or enforcement of a | ||||||
15 | right. If the prosecuting attorney decides not to | ||||||
16 | assert or enforce a victim's right, the prosecuting | ||||||
17 | attorney shall notify the victim or the victim's | ||||||
18 | attorney in sufficient time to allow the victim or the | ||||||
19 | victim's attorney to assert the right or to seek | ||||||
20 | enforcement of a right. | ||||||
21 | (B) If the prosecuting attorney elects not to | ||||||
22 | assert a victim's right or to seek enforcement of a | ||||||
23 | right, the victim or the victim's attorney may assert | ||||||
24 | the victim's right or request enforcement of a right by | ||||||
25 | filing a motion or by orally asserting the right or | ||||||
26 | requesting enforcement in open court in the criminal |
| |||||||
| |||||||
1 | case outside the presence of the jury. | ||||||
2 | (C) If the prosecuting attorney asserts a victim's | ||||||
3 | right or seeks enforcement of a right, and the court | ||||||
4 | denies the assertion of the right or denies the request | ||||||
5 | for enforcement of a right, the victim or victim's | ||||||
6 | attorney may file a motion to assert the victim's right | ||||||
7 | or to request enforcement of the right within 10 days | ||||||
8 | of the court's ruling. The motion need not demonstrate | ||||||
9 | the grounds for a motion for reconsideration. The court | ||||||
10 | shall rule on the merits of the motion. | ||||||
11 | (D) The court shall take up and decide any motion | ||||||
12 | or request asserting or seeking enforcement of a | ||||||
13 | victim's right without delay, unless a specific time | ||||||
14 | period is specified by law or court rule. The reasons | ||||||
15 | for any decision denying the motion or request shall be | ||||||
16 | clearly stated on the record. | ||||||
17 | (5) Violation of rights and remedies. | ||||||
18 | (A) If the court determines that a victim's right | ||||||
19 | has been violated, the court shall determine the | ||||||
20 | appropriate remedy for the violation of the victim's | ||||||
21 | right by hearing from the victim and the parties, | ||||||
22 | considering all factors relevant to the issue, and then | ||||||
23 | awarding appropriate relief to the victim. | ||||||
24 | (B) The appropriate remedy shall include only | ||||||
25 | actions necessary to provide the victim the right to | ||||||
26 | which the victim was entitled and may include reopening |
| |||||||
| |||||||
1 | previously held proceedings; however, in no event | ||||||
2 | shall the court vacate a conviction. Any remedy shall | ||||||
3 | be tailored to provide the victim an appropriate remedy | ||||||
4 | without violating any constitutional right of the | ||||||
5 | defendant. In no event shall the appropriate remedy be | ||||||
6 | a new trial, damages, or costs. | ||||||
7 | (6) Right to be heard. Whenever a victim has the right | ||||||
8 | to be heard, the court shall allow the victim to exercise | ||||||
9 | the right in any reasonable manner the victim chooses. | ||||||
10 | (7) Right to attend trial. A party must file a written | ||||||
11 | motion to exclude a victim from trial at least 60 days | ||||||
12 | prior to the date set for trial. The motion must state with | ||||||
13 | specificity the reason exclusion is necessary to protect a | ||||||
14 | constitutional right of the party, and must contain an | ||||||
15 | offer of proof. The court shall rule on the motion within | ||||||
16 | 30 days. If the motion is granted, the court shall set | ||||||
17 | forth on the record the facts that support its finding that | ||||||
18 | the victim's testimony will be materially affected if the | ||||||
19 | victim hears other testimony at trial. | ||||||
20 | (8) Right to have advocate present. A party who intends | ||||||
21 | to call an advocate as a witness must seek permission of | ||||||
22 | the court before the subpoena is issued. The party must | ||||||
23 | file a written motion and offer of proof regarding the | ||||||
24 | anticipated testimony of the advocate in sufficient time to | ||||||
25 | allow the court to rule and the victim to seek appellate | ||||||
26 | review. The court shall rule on the motion without delay. |
| |||||||
| |||||||
1 | (9) Right to notice and hearing before disclosure of | ||||||
2 | confidential or privileged information or records. A | ||||||
3 | defendant who seeks to subpoena records of or concerning | ||||||
4 | the victim that are confidential or privileged by law must | ||||||
5 | seek permission of the court before the subpoena is issued. | ||||||
6 | The defendant must file a written motion and an offer of | ||||||
7 | proof regarding the relevance, admissibility and | ||||||
8 | materiality of the records. If the court finds by a | ||||||
9 | preponderance of the evidence that: (A) the records are not | ||||||
10 | protected by an absolute privilege and (B) the records | ||||||
11 | contain relevant, admissible, and material evidence that | ||||||
12 | is not available through other witnesses or evidence, the | ||||||
13 | court shall issue a subpoena requiring a sealed copy of the | ||||||
14 | records be delivered to the court to be reviewed in camera. | ||||||
15 | If, after conducting an in camera review of the records, | ||||||
16 | the court determines that due process requires disclosure | ||||||
17 | of any portion of the records, the court shall provide | ||||||
18 | copies of what it intends to disclose to the prosecuting | ||||||
19 | attorney and the victim. The prosecuting attorney and the | ||||||
20 | victim shall have 30 days to seek appellate review before | ||||||
21 | the records are disclosed to the defendant. The disclosure | ||||||
22 | of copies of any portion of the records to the prosecuting | ||||||
23 | attorney does not make the records subject to discovery. | ||||||
24 | (10) Right to notice of court proceedings. If the | ||||||
25 | victim is not present at a court proceeding in which a | ||||||
26 | right of the victim is at issue, the court shall ask the |
| |||||||
| |||||||
1 | prosecuting attorney whether the victim was notified of the | ||||||
2 | time, place, and purpose of the court proceeding and that | ||||||
3 | the victim had a right to be heard at the court proceeding. | ||||||
4 | If the court determines that timely notice was not given or | ||||||
5 | that the victim was not adequately informed of the nature | ||||||
6 | of the court proceeding, the court shall not rule on any | ||||||
7 | substantive issues, accept a plea, or impose a sentence and | ||||||
8 | shall continue the hearing for the time necessary to notify | ||||||
9 | the victim of the time, place and nature of the court | ||||||
10 | proceeding. The time between court proceedings shall not be | ||||||
11 | attributable to the State under Section 103-5 of the Code | ||||||
12 | of Criminal Procedure of 1963. | ||||||
13 | (11) Right to timely disposition of the case. A victim | ||||||
14 | has the right to timely disposition of the case so as to | ||||||
15 | minimize the stress, cost, and inconvenience resulting | ||||||
16 | from the victim's involvement in the case. Before ruling on | ||||||
17 | a motion to continue trial or other court proceeding, the | ||||||
18 | court shall inquire into the circumstances for the request | ||||||
19 | for the delay and, if the victim has provided written | ||||||
20 | notice of the assertion of the right to a timely | ||||||
21 | disposition, and whether the victim objects to the delay. | ||||||
22 | If the victim objects, the prosecutor shall inform the | ||||||
23 | court of the victim's objections. If the prosecutor has not | ||||||
24 | conferred with the victim about the continuance, the | ||||||
25 | prosecutor shall inform the court of the attempts to | ||||||
26 | confer. If the court finds the attempts of the prosecutor |
| |||||||
| |||||||
1 | to confer with the victim were inadequate to protect the | ||||||
2 | victim's right to be heard, the court shall give the | ||||||
3 | prosecutor at least 3 but not more than 5 business days to | ||||||
4 | confer with the victim. In ruling on a motion to continue, | ||||||
5 | the court shall consider the reasons for the requested | ||||||
6 | continuance, the number and length of continuances that | ||||||
7 | have been granted, the victim's objections and procedures | ||||||
8 | to avoid further delays. If a continuance is granted over | ||||||
9 | the victim's objection, the court shall specify on the | ||||||
10 | record the reasons for the continuance and the procedures | ||||||
11 | that have been or will be taken to avoid further delays. | ||||||
12 | (12) Right to Restitution. | ||||||
13 | (A) If the victim has asserted the right to | ||||||
14 | restitution and the amount of restitution is known at | ||||||
15 | the time of sentencing, the court shall enter the | ||||||
16 | judgment of restitution at the time of sentencing. | ||||||
17 | (B) If the victim has asserted the right to | ||||||
18 | restitution and the amount of restitution is not known | ||||||
19 | at the time of sentencing, the prosecutor shall, within | ||||||
20 | 5 days after sentencing, notify the victim what | ||||||
21 | information and documentation related to restitution | ||||||
22 | is needed and that the information and documentation | ||||||
23 | must be provided to the prosecutor within 45 days after | ||||||
24 | sentencing. Failure to timely provide information and | ||||||
25 | documentation related to restitution shall be deemed a | ||||||
26 | waiver of the right to restitution. The prosecutor |
| |||||||
| |||||||
1 | shall file and serve within 60 days after sentencing a | ||||||
2 | proposed judgment for restitution and a notice that | ||||||
3 | includes information concerning the identity of any | ||||||
4 | victims or other persons seeking restitution, whether | ||||||
5 | any victim or other person expressly declines | ||||||
6 | restitution, the nature and amount of any damages | ||||||
7 | together with any supporting documentation, a | ||||||
8 | restitution amount recommendation, and the names of | ||||||
9 | any co-defendants and their case numbers. Within 30 | ||||||
10 | days after receipt of the proposed judgment for | ||||||
11 | restitution, the defendant shall file any objection to | ||||||
12 | the proposed judgment, a statement of grounds for the | ||||||
13 | objection, and a financial statement. If the defendant | ||||||
14 | does not file an objection, the court may enter the | ||||||
15 | judgment for restitution without further proceedings. | ||||||
16 | If the defendant files an objection and either party | ||||||
17 | requests a hearing, the court shall schedule a hearing. | ||||||
18 | (13) Access to presentence reports. | ||||||
19 | (A) The victim may request a copy of the | ||||||
20 | presentence report prepared under the Unified Code of | ||||||
21 | Corrections from the State's Attorney. The State's | ||||||
22 | Attorney shall redact the following information before | ||||||
23 | providing a copy of the report: | ||||||
24 | (i) the defendant's mental history and | ||||||
25 | condition; | ||||||
26 | (ii) any evaluation prepared under subsection |
| |||||||
| |||||||
1 | (b) or (b-5) of Section 5-3-2; and | ||||||
2 | (iii) the name, address, phone number, and | ||||||
3 | other personal information about any other victim. | ||||||
4 | (B) The State's Attorney or the defendant may | ||||||
5 | request the court redact other information in the | ||||||
6 | report that may endanger the safety of any person. | ||||||
7 | (C) The State's Attorney may orally disclose to the | ||||||
8 | victim any of the information that has been redacted if | ||||||
9 | there is a reasonable likelihood that the information | ||||||
10 | will be stated in court at the sentencing. | ||||||
11 | (D) The State's Attorney must advise the victim | ||||||
12 | that the victim must maintain the confidentiality of | ||||||
13 | the report and other information. Any dissemination of | ||||||
14 | the report or information that was not stated at a | ||||||
15 | court proceeding constitutes indirect criminal | ||||||
16 | contempt of court. | ||||||
17 | (14) Appellate relief. If the trial court denies the | ||||||
18 | relief requested, the victim, the victim's attorney or the | ||||||
19 | prosecuting attorney may file an appeal within 30 days of | ||||||
20 | the trial court's ruling. The trial or appellate court may | ||||||
21 | stay the court proceedings if the court finds that a stay | ||||||
22 | would not violate a constitutional right of the defendant. | ||||||
23 | If the appellate court denies the relief sought, the | ||||||
24 | reasons for the denial shall be clearly stated in a written | ||||||
25 | opinion. In any appeal in a criminal case, the State may | ||||||
26 | assert as error the court's denial of any crime victim's |
| |||||||
| |||||||
1 | right in the proceeding to which the appeal relates. | ||||||
2 | (15) Limitation on appellate relief. In no case shall | ||||||
3 | an appellate court provide a new trial to remedy the | ||||||
4 | violation of a victim's right. | ||||||
5 | (16) The right to be reasonably protected from the | ||||||
6 | accused throughout the criminal justice process and the | ||||||
7 | right to have the safety of the victim and the victim's | ||||||
8 | family considered in denying or fixing the amount of bail, | ||||||
9 | determining whether to release the defendant, and setting | ||||||
10 | conditions of release after arrest and conviction. A victim | ||||||
11 | of domestic violence, a sexual offense, or stalking may | ||||||
12 | request the entry of a protective order under Article 112A | ||||||
13 | of the Code of Criminal Procedure of 1963. | ||||||
14 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
15 | any other
concerned citizen, upon written request, of the | ||||||
16 | prisoner's release on parole,
mandatory supervised release, | ||||||
17 | electronic detention, work release, international transfer or | ||||||
18 | exchange, or by the
custodian, other than the Department of | ||||||
19 | Juvenile Justice, of the discharge of any individual who was | ||||||
20 | adjudicated a delinquent
for a crime from State custody and by | ||||||
21 | the sheriff of the appropriate
county of any such person's | ||||||
22 | final discharge from county custody.
The Prisoner Review Board, | ||||||
23 | upon written request, shall provide to a victim or
any other | ||||||
24 | concerned citizen a recent photograph of any person convicted | ||||||
25 | of a
felony, upon his or her release from custody.
The Prisoner
| ||||||
26 | Review Board, upon written request, shall inform a victim or |
| |||||||
| |||||||
1 | any other
concerned citizen when feasible at least 7 days prior | ||||||
2 | to the prisoner's release
on furlough of the times and dates of | ||||||
3 | such furlough. Upon written request by
the victim or any other | ||||||
4 | concerned citizen, the State's Attorney shall notify
the person | ||||||
5 | once of the times and dates of release of a prisoner sentenced | ||||||
6 | to
periodic imprisonment. Notification shall be based on the | ||||||
7 | most recent
information as to victim's or other concerned | ||||||
8 | citizen's residence or other
location available to the | ||||||
9 | notifying authority.
| ||||||
10 | (2) When the defendant has been committed to the Department | ||||||
11 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
12 | provision of the Unified Code of Corrections, the victim may | ||||||
13 | request to be
notified by the releasing authority of the | ||||||
14 | approval by the court of an on-grounds pass, a supervised | ||||||
15 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
16 | conditional release; the release on an off-grounds pass; the | ||||||
17 | return from an off-grounds pass; transfer to another facility; | ||||||
18 | conditional release; escape; death; or final discharge from | ||||||
19 | State
custody. The Department of Human Services shall establish | ||||||
20 | and maintain a statewide telephone number to be used by victims | ||||||
21 | to make notification requests under these provisions and shall | ||||||
22 | publicize this telephone number on its website and to the | ||||||
23 | State's Attorney of each county.
| ||||||
24 | (3) In the event of an escape from State custody, the | ||||||
25 | Department of
Corrections or the Department of Juvenile Justice | ||||||
26 | immediately shall notify the Prisoner Review Board of the |
| |||||||
| |||||||
1 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
2 | The notification shall
be based upon the most recent | ||||||
3 | information as to the victim's residence or other
location | ||||||
4 | available to the Board. When no such information is available, | ||||||
5 | the
Board shall make all reasonable efforts to obtain the | ||||||
6 | information and make
the notification. When the escapee is | ||||||
7 | apprehended, the Department of
Corrections or the Department of | ||||||
8 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
9 | Board and the Board
shall notify the victim.
| ||||||
10 | (4) The victim of the crime for which the prisoner has been | ||||||
11 | sentenced
shall receive reasonable written notice not less than | ||||||
12 | 30 days prior to the
parole hearing or target aftercare release | ||||||
13 | date and may submit, in writing, on film, videotape or other
| ||||||
14 | electronic means or in the form of a recording prior to the | ||||||
15 | parole hearing or target aftercare release date or in person at | ||||||
16 | the parole hearing or aftercare release protest hearing
or if a | ||||||
17 | victim of a violent crime, by calling the
toll-free number | ||||||
18 | established in subsection (f) of this Section, information
for
| ||||||
19 | consideration by the Prisoner Review Board or Department of | ||||||
20 | Juvenile Justice. The
victim shall be notified within 7 days | ||||||
21 | after the prisoner has been granted
parole or aftercare release | ||||||
22 | and shall be informed of the right to inspect the registry of | ||||||
23 | parole
decisions, established under subsection (g) of Section | ||||||
24 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
25 | this paragraph (4) are subject to the
Open Parole Hearings Act.
| ||||||
26 | (5) If a statement is presented under Section 6, the |
| |||||||
| |||||||
1 | Prisoner Review Board or Department of Juvenile Justice
shall | ||||||
2 | inform the victim of any order of discharge pursuant
to Section | ||||||
3 | 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
| ||||||
4 | (6) At the written or oral request of the victim of the | ||||||
5 | crime for which the
prisoner was sentenced or the State's | ||||||
6 | Attorney of the county where the person seeking parole or | ||||||
7 | aftercare release was prosecuted, the Prisoner Review Board or | ||||||
8 | Department of Juvenile Justice shall notify the victim and the | ||||||
9 | State's Attorney of the county where the person seeking parole | ||||||
10 | or aftercare release was prosecuted of
the death of the | ||||||
11 | prisoner if the prisoner died while on parole or aftercare | ||||||
12 | release or mandatory
supervised release.
| ||||||
13 | (7) When a defendant who has been committed to the | ||||||
14 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
15 | or the Department of Human Services is released or discharged | ||||||
16 | and
subsequently committed to the Department of Human Services | ||||||
17 | as a sexually
violent person and the victim had requested to be | ||||||
18 | notified by the releasing
authority of the defendant's | ||||||
19 | discharge, conditional release, death, or escape from State | ||||||
20 | custody, the releasing
authority shall provide to the | ||||||
21 | Department of Human Services such information
that would allow | ||||||
22 | the Department of Human Services to contact the victim.
| ||||||
23 | (8) When a defendant has been convicted of a sex offense as | ||||||
24 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
25 | has been sentenced to the Department of Corrections or the | ||||||
26 | Department of Juvenile Justice, the Prisoner Review Board or |
| |||||||
| |||||||
1 | the Department of Juvenile Justice shall notify the victim of | ||||||
2 | the sex offense of the prisoner's eligibility for release on | ||||||
3 | parole, aftercare release,
mandatory supervised release, | ||||||
4 | electronic detention, work release, international transfer or | ||||||
5 | exchange, or by the
custodian of the discharge of any | ||||||
6 | individual who was adjudicated a delinquent
for a sex offense | ||||||
7 | from State custody and by the sheriff of the appropriate
county | ||||||
8 | of any such person's final discharge from county custody. The | ||||||
9 | notification shall be made to the victim at least 30 days, | ||||||
10 | whenever possible, before release of the sex offender. | ||||||
11 | (e) The officials named in this Section may satisfy some or | ||||||
12 | all of their
obligations to provide notices and other | ||||||
13 | information through participation in a
statewide victim and | ||||||
14 | witness notification system established by the Attorney
| ||||||
15 | General under Section 8.5 of this Act.
| ||||||
16 | (f) To permit a crime victim of a violent crime to provide | ||||||
17 | information to the
Prisoner Review Board or the Department of | ||||||
18 | Juvenile Justice for consideration by the
Board or Department | ||||||
19 | at a parole hearing or before an aftercare release decision of | ||||||
20 | a person who committed the crime against
the victim in | ||||||
21 | accordance with clause (d)(4) of this Section or at a | ||||||
22 | proceeding
to determine the conditions of mandatory supervised | ||||||
23 | release of a person
sentenced to a determinate sentence or at a | ||||||
24 | hearing on revocation of mandatory
supervised release of a | ||||||
25 | person sentenced to a determinate sentence, the Board
shall | ||||||
26 | establish a toll-free number that may be accessed by the victim |
| |||||||
| |||||||
1 | of
a violent crime to present that information to the Board.
| ||||||
2 | (Source: P.A. 98-372, eff. 1-1-14; 98-558, eff. 1-1-14; 98-756, | ||||||
3 | eff. 7-16-14; 99-413, eff. 8-20-15; 99-628, eff. 1-1-17 .)
| ||||||
4 | Section 20. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Sections 20 and 105 as follows:
| ||||||
6 | (740 ILCS 21/20)
| ||||||
7 | Sec. 20. Commencement of action; filing fees. | ||||||
8 | (a) An action for a stalking no contact order is commenced: | ||||||
9 | (1) independently, by filing a petition for a stalking | ||||||
10 | no contact order in any civil court, unless specific courts | ||||||
11 | are designated by local rule or order; or | ||||||
12 | (2) in conjunction with a delinquency petition or a | ||||||
13 | criminal prosecution as provided in Article 112A of the | ||||||
14 | Code of Criminal Procedure of 1963 , by filing a petition | ||||||
15 | for a stalking no contact order under the same case number | ||||||
16 | as the delinquency petition or criminal prosecution, to be | ||||||
17 | granted during pre-trial release of a defendant, with any | ||||||
18 | dispositional order issued under Section 5-710 of the | ||||||
19 | Juvenile Court Act of 1987 or as a condition of release, | ||||||
20 | supervision, conditional discharge, probation, periodic | ||||||
21 | imprisonment, parole, aftercare release, or mandatory | ||||||
22 | supervised release, or in conjunction with imprisonment or | ||||||
23 | a bond forfeiture warrant, provided that (i) the violation | ||||||
24 | is alleged in an information, complaint, indictment, or |
| |||||||
| |||||||
1 | delinquency petition on file and the alleged victim is a | ||||||
2 | person protected by this Act, and (ii) the petition, which | ||||||
3 | is filed by the State's Attorney, names a victim of the | ||||||
4 | alleged crime as a petitioner . | ||||||
5 | (b) Withdrawal or dismissal of any petition for a stalking | ||||||
6 | no contact order prior to adjudication where the petitioner is | ||||||
7 | represented by the State shall operate as a dismissal without | ||||||
8 | prejudice. No action for a stalking no contact order shall be | ||||||
9 | dismissed because the respondent is being prosecuted for a | ||||||
10 | crime against the petitioner. For any action commenced under | ||||||
11 | item (2) of subsection (a) of this Section, dismissal of the | ||||||
12 | conjoined case (or a finding of not guilty) shall not require | ||||||
13 | dismissal of the action for a stalking no contact order; | ||||||
14 | instead, it may be treated as an independent action and, if | ||||||
15 | necessary and appropriate, transferred to a different court or | ||||||
16 | division. | ||||||
17 | (c) No fee shall be charged by the clerk of the court for | ||||||
18 | filing petitions or modifying or certifying orders. No fee | ||||||
19 | shall be 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 | (d) The court shall provide, through the office of the | ||||||
23 | clerk of the court, simplified forms for filing of a petition | ||||||
24 | under this Section by any person not represented by counsel.
| ||||||
25 | (Source: P.A. 98-558, eff. 1-1-14.)
|
| |||||||
| |||||||
1 | (740 ILCS 21/105)
| ||||||
2 | Sec. 105. Duration and extension of orders. | ||||||
3 | (a) Unless re-opened or extended or voided by entry of an | ||||||
4 | order of greater duration, an emergency order shall be | ||||||
5 | effective for not less than 14 nor more than 21 days. | ||||||
6 | (b) Except as otherwise provided in this Section, a plenary | ||||||
7 | stalking no contact order shall be effective for a fixed period | ||||||
8 | of time, not to exceed 2 years. A plenary stalking no contact | ||||||
9 | order entered in conjunction with a criminal prosecution or | ||||||
10 | delinquency petition shall remain in effect as provided in | ||||||
11 | Section 112A-20 of the Code of Criminal Procedure of 1963. | ||||||
12 | follows: | ||||||
13 | (1) if entered during pre-trial release, until | ||||||
14 | disposition, withdrawal, or dismissal of the underlying | ||||||
15 | charge; if however, the case is continued as an independent | ||||||
16 | cause of action, the order's duration may be for a fixed | ||||||
17 | period of time not to exceed 2 years; | ||||||
18 | (2) if in effect in conjunction with a bond forfeiture | ||||||
19 | warrant, until final disposition or an additional period of | ||||||
20 | time not exceeding 2 years; no stalking no contact order, | ||||||
21 | however, shall be terminated by a dismissal that is | ||||||
22 | accompanied by the issuance of a bond forfeiture warrant; | ||||||
23 | (3) permanent if a judgment of conviction for stalking | ||||||
24 | is entered. | ||||||
25 | (c) Any emergency or plenary order may be extended one or | ||||||
26 | more times, as required, provided that the requirements of |
| |||||||
| |||||||
1 | Section 95 or 100, as appropriate, are satisfied. If the motion | ||||||
2 | for extension is uncontested and the petitioner seeks no | ||||||
3 | modification of the order, the order may be extended on the | ||||||
4 | basis of the petitioner's motion or affidavit stating that | ||||||
5 | there has been no material change in relevant circumstances | ||||||
6 | since entry of the order and stating the reason for the | ||||||
7 | requested extension. Extensions may be granted only in open | ||||||
8 | court and not under the provisions of subsection (c) of Section | ||||||
9 | 95, which applies only when the court is unavailable at the | ||||||
10 | close of business or on a court holiday. | ||||||
11 | (d) Any stalking no contact order which would expire on a | ||||||
12 | court holiday shall instead expire at the close of the next | ||||||
13 | court business day. | ||||||
14 | (e) The practice of dismissing or suspending a criminal | ||||||
15 | prosecution in exchange for the issuance of a stalking no | ||||||
16 | contact order undermines the purposes of this Act. This Section | ||||||
17 | shall not be construed as encouraging that practice.
| ||||||
18 | (Source: P.A. 96-246, eff. 1-1-10.)
| ||||||
19 | Section 25. The Civil No Contact Order Act is amended by | ||||||
20 | changing Sections 202 and 216 as follows:
| ||||||
21 | (740 ILCS 22/202)
| ||||||
22 | Sec. 202. Commencement of action; filing fees.
| ||||||
23 | (a) An action for a civil no contact order is commenced:
| ||||||
24 | (1) independently, by filing a petition for a civil no |
| |||||||
| |||||||
1 | contact order in any civil court,
unless specific courts | ||||||
2 | are designated by local rule or order; or
| ||||||
3 | (2) in conjunction with a
delinquency
petition or a | ||||||
4 | criminal prosecution as provided in Article 112A of the | ||||||
5 | Code of Criminal Procedure of 1963 , by filing a petition | ||||||
6 | for a civil no contact
order under
the same case number as | ||||||
7 | the delinquency petition or criminal prosecution, to be
| ||||||
8 | granted
during pre-trial release of a defendant, with any | ||||||
9 | dispositional order issued
under Section
5-710 of the | ||||||
10 | Juvenile Court Act of 1987 or as a condition of release,
| ||||||
11 | supervision,
conditional discharge, probation, periodic | ||||||
12 | imprisonment, parole, aftercare release, or mandatory
| ||||||
13 | supervised
release, or in conjunction with imprisonment or | ||||||
14 | a bond forfeiture warrant,
provided that (i) the violation | ||||||
15 | is alleged in an information, complaint,
indictment, or
| ||||||
16 | delinquency
petition on file and the alleged victim is a | ||||||
17 | person protected by this Act, and
(ii) the
petition, which | ||||||
18 | is filed by the State's Attorney, names a victim of the | ||||||
19 | alleged
crime as a
petitioner .
| ||||||
20 | (b) Withdrawal or dismissal of any petition for a
civil no | ||||||
21 | contact order
prior to adjudication where the petitioner is | ||||||
22 | represented by the State shall
operate as a dismissal without | ||||||
23 | prejudice. No action for a civil no contact
order shall be | ||||||
24 | dismissed because the respondent is being prosecuted for a | ||||||
25 | crime
against the petitioner. For any action commenced under | ||||||
26 | item (2) of subsection
(a) of
this Section, dismissal of the |
| |||||||
| |||||||
1 | conjoined case (or a finding of not guilty)
shall not require | ||||||
2 | dismissal of the action for a civil no contact order;
instead, | ||||||
3 | it may be treated as an independent action and, if necessary | ||||||
4 | and
appropriate, transferred to a different court or division.
| ||||||
5 | (c) No fee shall be
charged by the clerk of the court for | ||||||
6 | filing petitions or modifying or
certifying orders. No
fee
| ||||||
7 | shall be charged by the sheriff for service by the sheriff of a
| ||||||
8 | petition, rule, motion, or order in an action commenced under | ||||||
9 | this
Section.
| ||||||
10 | (d) The court shall provide, through the office
of the | ||||||
11 | clerk of the court, simplified forms for filing of a petition | ||||||
12 | under this Section by any
person not represented by counsel.
| ||||||
13 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
14 | (740 ILCS 22/216)
| ||||||
15 | Sec. 216. Duration and extension of orders.
| ||||||
16 | (a) Unless re-opened or
extended or voided by entry of an | ||||||
17 | order of greater duration, an emergency
order shall be | ||||||
18 | effective for not less than 14 nor more than 21 days.
| ||||||
19 | (b) Except as otherwise provided in
this Section, a plenary | ||||||
20 | civil no contact order shall be effective for a fixed
period of | ||||||
21 | time, not to exceed 2 years. A plenary civil no contact order
| ||||||
22 | entered in conjunction with a criminal prosecution or | ||||||
23 | delinquency petition shall remain in effect as
provided in | ||||||
24 | Section 112A-20 of the Code of Criminal Procedure of 1963. | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (1) if entered during pre-trial release, until | ||||||
2 | disposition, withdrawal,
or
dismissal of the underlying | ||||||
3 | charge; if however, the case is continued as an
independent | ||||||
4 | cause of action, the order's duration may be for a fixed | ||||||
5 | period of
time not to exceed 2 years;
| ||||||
6 | (2) if in effect in conjunction with a bond forfeiture | ||||||
7 | warrant, until
final disposition or an additional period of | ||||||
8 | time not exceeding 2 years; no
civil no contact order, | ||||||
9 | however, shall be terminated by a dismissal that is
| ||||||
10 | accompanied by the issuance of a bond forfeiture warrant;
| ||||||
11 | (3) until expiration of any supervision, conditional | ||||||
12 | discharge,
probation, periodic imprisonment, parole, | ||||||
13 | aftercare release, or mandatory supervised release and
for | ||||||
14 | an additional period of time thereafter not exceeding 2 | ||||||
15 | years; or
| ||||||
16 | (4) until the date set by the court for expiration of | ||||||
17 | any sentence of
imprisonment and subsequent parole, | ||||||
18 | aftercare release, or mandatory supervised release and for | ||||||
19 | an
additional period of time thereafter not exceeding 2 | ||||||
20 | years.
| ||||||
21 | (c) Any emergency or plenary order
may be extended one or | ||||||
22 | more times, as required, provided that the
requirements of | ||||||
23 | Section 214 or 215, as appropriate, are satisfied.
If the | ||||||
24 | motion for extension is uncontested and the petitioner seeks no
| ||||||
25 | modification of the order, the order may be extended on the | ||||||
26 | basis of
the petitioner's motion or affidavit stating that |
| |||||||
| |||||||
1 | there has been no material
change in relevant circumstances | ||||||
2 | since entry of the order and stating
the reason for the | ||||||
3 | requested extension. Extensions may be granted only
in open | ||||||
4 | court and not under the provisions of subsection (c) of Section
| ||||||
5 | 214, which applies only when the court is unavailable at the | ||||||
6 | close of
business or on a court holiday.
| ||||||
7 | (d) Any civil no contact order which would expire
on a | ||||||
8 | court holiday shall instead expire at the close of the next | ||||||
9 | court
business day.
| ||||||
10 | (d-5) An extension of a plenary civil no contact order may | ||||||
11 | be granted, upon good cause shown, to remain in effect until | ||||||
12 | the civil no contact order is vacated or modified. | ||||||
13 | (e) The practice of dismissing or suspending
a criminal | ||||||
14 | prosecution in exchange for the issuance of a civil no contact
| ||||||
15 | order undermines the purposes of this Act. This Section shall | ||||||
16 | not
be construed as encouraging that practice.
| ||||||
17 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
18 | Section 30. The Illinois Domestic Violence Act of 1986 is | ||||||
19 | amended by changing Sections 202 and 220 as follows:
| ||||||
20 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| ||||||
21 | Sec. 202. Commencement of action; filing fees; dismissal.
| ||||||
22 | (a) How to commence action. Actions for orders of | ||||||
23 | protection are commenced:
| ||||||
24 | (1) Independently: By filing a petition for an order of |
| |||||||
| |||||||
1 | protection in
any civil court, unless specific courts are | ||||||
2 | designated by local rule or order.
| ||||||
3 | (2) In conjunction with another civil proceeding: By
| ||||||
4 | filing a petition for an order of protection under the same | ||||||
5 | case number
as another civil proceeding involving the | ||||||
6 | parties, including but not
limited to: (i) any proceeding | ||||||
7 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
8 | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||||||
9 | and
Children Act, Revised Uniform Reciprocal Enforcement | ||||||
10 | of Support Act or an
action for nonsupport brought under | ||||||
11 | Article X 10 of the
Illinois Public Aid
Code, provided that | ||||||
12 | a petitioner and
the respondent are a party to or the | ||||||
13 | subject of that proceeding or (ii) a
guardianship | ||||||
14 | proceeding under the Probate Act of
1975, or a proceeding | ||||||
15 | for involuntary
commitment under the Mental Health and | ||||||
16 | Developmental Disabilities Code, or
any proceeding, other | ||||||
17 | than a delinquency petition, under the Juvenile Court
Act | ||||||
18 | of 1987, provided that a petitioner or the
respondent is a | ||||||
19 | party to or the subject of such proceeding.
| ||||||
20 | (3) In conjunction with a delinquency petition or a
| ||||||
21 | criminal prosecution as provided in Section 112A-20 of the | ||||||
22 | Code of Criminal Procedure of 1963. : By filing a petition
| ||||||
23 | for an order of protection, under the same case number as | ||||||
24 | the delinquency
petition or criminal prosecution, to be
| ||||||
25 | granted during pre-trial release of a defendant, with any | ||||||
26 | dispositional order
issued under Section 5-710 of the |
| |||||||
| |||||||
1 | Juvenile Court Act of 1987
or as a condition of release, | ||||||
2 | supervision, conditional discharge,
probation, periodic | ||||||
3 | imprisonment, parole, aftercare release, or mandatory | ||||||
4 | supervised release, or
in conjunction with imprisonment or | ||||||
5 | a bond forfeiture warrant; provided that:
| ||||||
6 | (i) the violation is alleged in an information, | ||||||
7 | complaint, indictment
or delinquency petition on file, | ||||||
8 | and the alleged offender and victim are
family or | ||||||
9 | household members or persons protected by this Act; and
| ||||||
10 | (ii) the petition, which is filed by the State's | ||||||
11 | Attorney, names a
victim of the alleged crime as a | ||||||
12 | petitioner.
| ||||||
13 | (b) Filing, certification, and service fees. No fee shall | ||||||
14 | be charged
by the clerk for filing, amending, vacating, | ||||||
15 | certifying, or photocopying
petitions or orders; or for issuing | ||||||
16 | alias summons; or for any
related filing service. No
fee shall | ||||||
17 | be charged by the sheriff for service by the sheriff of a
| ||||||
18 | petition,
rule, motion, or order in an action commenced under | ||||||
19 | this Section.
| ||||||
20 | (c) Dismissal and consolidation. Withdrawal or dismissal | ||||||
21 | of any
petition for an order of protection prior to | ||||||
22 | adjudication where the
petitioner is represented by the State | ||||||
23 | shall operate as a dismissal without
prejudice. No action for | ||||||
24 | an order of protection shall be dismissed because
the | ||||||
25 | respondent is being prosecuted for a crime against the | ||||||
26 | petitioner. An
independent action may be consolidated with |
| |||||||
| |||||||
1 | another civil proceeding, as
provided by paragraph (2) of | ||||||
2 | subsection (a) of this Section. For any
action commenced under | ||||||
3 | paragraph (2) or (3) of subsection (a) of this Section,
| ||||||
4 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
5 | shall not
require dismissal of the action
for the order of | ||||||
6 | protection; instead, it may be treated as an
independent action | ||||||
7 | and, if necessary and appropriate, transferred to a
different | ||||||
8 | court or division. Dismissal of any conjoined case shall not | ||||||
9 | affect
the
validity of any previously issued order of | ||||||
10 | protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
11 | Section 220 shall be inapplicable to
such order.
| ||||||
12 | (d) Pro se petitions. The court shall provide, through the | ||||||
13 | office of
the clerk of the court, simplified forms and clerical | ||||||
14 | assistance to help
with the writing and filing of a petition | ||||||
15 | under this Section by any person
not represented by counsel. In | ||||||
16 | addition, that assistance may be provided
by the state's | ||||||
17 | attorney.
| ||||||
18 | (e)
As provided in this subsection, the administrative | ||||||
19 | director of the Administrative Office of the Illinois Courts, | ||||||
20 | with the approval of the administrative board of the courts, | ||||||
21 | may adopt rules to establish and implement a pilot program to | ||||||
22 | allow the electronic filing of petitions for temporary orders | ||||||
23 | of protection and the issuance of such orders by audio-visual | ||||||
24 | means to accommodate litigants for whom attendance in court to | ||||||
25 | file for and obtain emergency relief would constitute an undue | ||||||
26 | hardship or would constitute a risk of harm to the litigant. |
| |||||||
| |||||||
1 | (1) As used in this subsection: | ||||||
2 | (A) "Electronic means" means any method of | ||||||
3 | transmission of information between computers or other | ||||||
4 | machines designed for the purpose of sending or | ||||||
5 | receiving electronic transmission and that allows for | ||||||
6 | the recipient of information to reproduce the | ||||||
7 | information received in a tangible medium of | ||||||
8 | expression. | ||||||
9 | (B) "Independent audio-visual system" means an | ||||||
10 | electronic system for the transmission and receiving | ||||||
11 | of audio and visual signals, including those with the | ||||||
12 | means to preclude the unauthorized reception and | ||||||
13 | decoding of the signals by commercially available | ||||||
14 | television receivers, channel converters, or other | ||||||
15 | available receiving devices. | ||||||
16 | (C) "Electronic appearance" means an appearance in | ||||||
17 | which one or more of the parties are not present in the | ||||||
18 | court, but in which, by means of an independent | ||||||
19 | audio-visual system, all of the participants are | ||||||
20 | simultaneously able to see and hear reproductions of | ||||||
21 | the voices and images of the judge, counsel, parties, | ||||||
22 | witnesses, and any other participants. | ||||||
23 | (2) Any pilot program under this subsection (e) shall | ||||||
24 | be developed by the administrative director or his or her | ||||||
25 | delegate in consultation with at least one local | ||||||
26 | organization providing assistance to domestic violence |
| |||||||
| |||||||
1 | victims. The program plan shall include but not be limited | ||||||
2 | to: | ||||||
3 | (A) identification of agencies equipped with or | ||||||
4 | that have access to an independent audio-visual system | ||||||
5 | and electronic means for filing documents; and | ||||||
6 | (B) identification of one or more organizations | ||||||
7 | who are trained and available to assist petitioners in | ||||||
8 | preparing and filing petitions for temporary orders of | ||||||
9 | protection and in their electronic appearances before | ||||||
10 | the court to obtain such orders; and | ||||||
11 | (C) identification of the existing resources | ||||||
12 | available in local family courts for the | ||||||
13 | implementation and oversight of the pilot program; and | ||||||
14 | (D) procedures for filing petitions and documents | ||||||
15 | by electronic means, swearing in the petitioners and | ||||||
16 | witnesses, preparation of a transcript of testimony | ||||||
17 | and evidence presented, and a prompt transmission of | ||||||
18 | any orders issued to the parties; and | ||||||
19 | (E) a timeline for implementation and a plan for | ||||||
20 | informing the public about the availability of the | ||||||
21 | program; and | ||||||
22 | (F) a description of the data to be collected in | ||||||
23 | order to evaluate and make recommendations for | ||||||
24 | improvements to the pilot program. | ||||||
25 | (3) In conjunction with an electronic appearance, any | ||||||
26 | petitioner for an ex parte temporary order of protection |
| |||||||
| |||||||
1 | may, using the assistance of a trained advocate if | ||||||
2 | necessary, commence the proceedings by filing a petition by | ||||||
3 | electronic means. | ||||||
4 | (A) A petitioner who is seeking an ex parte | ||||||
5 | temporary order of protection using an electronic | ||||||
6 | appearance must file a petition in advance of the | ||||||
7 | appearance and may do so electronically. | ||||||
8 | (B) The petitioner must show that traveling to or | ||||||
9 | appearing in court would constitute an undue hardship | ||||||
10 | or create a risk of harm to the petitioner. In granting | ||||||
11 | or denying any relief sought by the petitioner, the | ||||||
12 | court shall state the names of all participants and | ||||||
13 | whether it is granting or denying an appearance by | ||||||
14 | electronic means and the basis for such a | ||||||
15 | determination. A party is not required to file a | ||||||
16 | petition or other document by electronic means or to | ||||||
17 | testify by means of an electronic appearance. | ||||||
18 | (C) Nothing in this subsection (e) affects or | ||||||
19 | changes any existing laws governing the service of | ||||||
20 | process, including requirements for personal service | ||||||
21 | or the sealing and confidentiality of court records in | ||||||
22 | court proceedings or access to court records by the | ||||||
23 | parties to the proceedings. | ||||||
24 | (4) Appearances. | ||||||
25 | (A) All electronic appearances by a petitioner | ||||||
26 | seeking an ex parte temporary order of protection under |
| |||||||
| |||||||
1 | this subsection (e) are strictly voluntary and the | ||||||
2 | court shall obtain the consent of the petitioner on the | ||||||
3 | record at the commencement of each appearance. | ||||||
4 | (B) Electronic appearances under this subsection | ||||||
5 | (e) shall be recorded and preserved for transcription. | ||||||
6 | Documentary evidence, if any, referred to by a party or | ||||||
7 | witness or the court may be transmitted and submitted | ||||||
8 | and introduced by electronic means. | ||||||
9 | (Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718, | ||||||
10 | eff. 1-1-17; revised 10-25-16.)
| ||||||
11 | (750 ILCS 60/220) (from Ch. 40, par. 2312-20)
| ||||||
12 | Sec. 220. Duration and extension of orders.
| ||||||
13 | (a) Duration of emergency and interim orders. Unless | ||||||
14 | re-opened or
extended or voided by entry of an order of greater | ||||||
15 | duration:
| ||||||
16 | (1) Emergency orders issued under Section 217 shall be | ||||||
17 | effective for
not less than 14 nor more than 21 days;
| ||||||
18 | (2) Interim orders shall be effective for up to 30 | ||||||
19 | days.
| ||||||
20 | (b) Duration of plenary orders. Except as otherwise | ||||||
21 | provided in this
Section, a | ||||||
22 | (0.05) A plenary order of protection entered under this | ||||||
23 | Act shall be valid for a fixed period of
time, not to | ||||||
24 | exceed two years.
| ||||||
25 | (1) A plenary order of protection entered in |
| |||||||
| |||||||
1 | conjunction with another
civil
proceeding shall remain in | ||||||
2 | effect as follows:
| ||||||
3 | (i) if entered as preliminary relief in that other | ||||||
4 | proceeding, until
entry of final judgment in
that other | ||||||
5 | proceeding;
| ||||||
6 | (ii) if incorporated into the final judgment in | ||||||
7 | that other
proceeding, until the order of protection is | ||||||
8 | vacated or modified; or
| ||||||
9 | (iii) if incorporated in an order for involuntary | ||||||
10 | commitment, until
termination of both the involuntary | ||||||
11 | commitment and any voluntary
commitment, or for a fixed | ||||||
12 | period of time not exceeding 2 years.
| ||||||
13 | (2) Duration of an A plenary order of protection | ||||||
14 | entered in conjunction with a criminal
prosecution or | ||||||
15 | delinquency petition shall remain in effect as provided in | ||||||
16 | Section 112A-20 of the Code of Criminal Procedure of 1963. | ||||||
17 | follows:
| ||||||
18 | (i) if entered during pre-trial release, until | ||||||
19 | disposition, withdrawal,
or dismissal of the | ||||||
20 | underlying charge;
if, however, the case is continued | ||||||
21 | as an independent cause of action, the
order's duration | ||||||
22 | may be for a fixed period of time not to exceed 2 | ||||||
23 | years;
| ||||||
24 | (ii) if in effect in conjunction with a bond | ||||||
25 | forfeiture warrant, until
final disposition or an | ||||||
26 | additional period of time not
exceeding 2 years;
no |
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| |||||||
1 | order of protection, however, shall be terminated by a | ||||||
2 | dismissal that
is accompanied by the issuance of a bond | ||||||
3 | forfeiture warrant;
| ||||||
4 | (iii) until expiration of any supervision, | ||||||
5 | conditional discharge,
probation, periodic | ||||||
6 | imprisonment, parole, aftercare release, or mandatory | ||||||
7 | supervised release and for an additional period of time | ||||||
8 | thereafter not
exceeding 2 years; or
| ||||||
9 | (iv) until the date set by the court for expiration | ||||||
10 | of any sentence of
imprisonment and subsequent parole, | ||||||
11 | aftercare release, or mandatory supervised release
and | ||||||
12 | for an additional period of time thereafter
not | ||||||
13 | exceeding 2 years.
| ||||||
14 | (c) Computation of time. The duration of an order of | ||||||
15 | protection shall
not be reduced by the duration of any prior | ||||||
16 | order of protection.
| ||||||
17 | (d) Law enforcement records. When a plenary order of | ||||||
18 | protection expires
upon the occurrence of a specified event, | ||||||
19 | rather than upon a specified date
as provided in subsection | ||||||
20 | (b), no expiration date shall be entered in
Department of State | ||||||
21 | Police records. To remove the plenary order from those
records, | ||||||
22 | either party shall request the clerk of the court to file a
| ||||||
23 | certified copy of an order stating that the specified event has | ||||||
24 | occurred or
that the plenary order has been vacated or modified | ||||||
25 | with the Sheriff, and the
Sheriff shall direct that law | ||||||
26 | enforcement records shall be promptly
corrected in accordance |
| |||||||
| |||||||
1 | with the filed order.
| ||||||
2 | (e) Extension of orders. Any emergency, interim or plenary | ||||||
3 | order
may be extended one or more times, as required, provided | ||||||
4 | that
the requirements of Section 217, 218 or 219, as | ||||||
5 | appropriate, are satisfied.
If the motion for extension is | ||||||
6 | uncontested and petitioner seeks no
modification of the order,
| ||||||
7 | the order may be extended on the basis of petitioner's motion | ||||||
8 | or
affidavit stating that there has been no material change in | ||||||
9 | relevant
circumstances since entry of the order and stating the | ||||||
10 | reason for the
requested extension. An extension of a plenary | ||||||
11 | order of protection may be granted, upon good cause shown, to | ||||||
12 | remain in effect until the order of protection is vacated or | ||||||
13 | modified.
Extensions may be granted only in open court and not | ||||||
14 | under the provisions
of subsection (c) of Section 217, which | ||||||
15 | applies only when the court is
unavailable at the close of | ||||||
16 | business or on a court holiday.
| ||||||
17 | (f) Termination date. Any order of protection which would | ||||||
18 | expire on a
court holiday shall instead expire at the close of | ||||||
19 | the next court business day.
| ||||||
20 | (g) Statement of purpose. The practice of dismissing or | ||||||
21 | suspending a
criminal prosecution in exchange for the issuance | ||||||
22 | of an order of protection
undermines the purposes of this Act. | ||||||
23 | This Section shall not be construed
as encouraging that | ||||||
24 | practice.
| ||||||
25 | (Source: P.A. 98-558, eff. 1-1-14.)".
|