Bill Amendment: IL HB4649 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FINANCIALLY EXPLOITED ADULT

Status: 2026-06-01 - Added as Alternate Co-Sponsor Sen. Mattie Hunter [HB4649 Detail]

Download: Illinois-2025-HB4649-House_Amendment_001.html

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Rep. Jennifer Gong-Gershowitz

Filed: 3/24/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4649
AMENDMENT NO. ______. Amend House Bill 4649 by replacing
everything after the enacting clause with the following:
"Section 5. The Adult Protective Services Act is amended
by changing Sections 13 and 13.5 as follows:
(320 ILCS 20/13)
Sec. 13. Access.
(a) In accord with established law and Department
protocols, procedures, and policies, the designated provider
agencies shall have access to eligible adults who have been
reported or found to be victims of abuse, abandonment,
neglect, financial exploitation, or self-neglect in order to
assess the validity of the report, assess other needs of the
eligible adult, and provide services in accordance with this
Act.
(a-5) A representative of the Department or a designated

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provider agency that is actively involved in an abuse,
abandonment, neglect, financial exploitation, or self-neglect
investigation under this Act shall be allowed access to the
financial records, mental and physical health records, and
other relevant evaluative records of the eligible adult which
are in the possession of any individual, financial
institution, health care provider, mental health provider,
educational facility, or other facility if necessary to
complete the investigation mandated by this Act. The provider
or facility shall provide such records to the representative
upon receipt of a written request and certification from the
Department or designated provider agency that an investigation
is being conducted under this Act and the records are
pertinent to the investigation.
Any records received by such representative, the
confidentiality of which is protected by another law or rule,
shall be maintained as confidential, except for such use as
may be necessary for any administrative or other legal
proceeding.
(b) Where access to an eligible adult is denied, including
the refusal to provide requested records, the Office of the
Attorney General, the Department, or the provider agency may
petition the court for an order to require appropriate access
where:
(1) a caregiver or third party has interfered with the
assessment or service plan, or

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(2) the agency has reason to believe that the eligible
adult is denying access because of coercion, extortion, or
justifiable fear of future abuse, abandonment, neglect, or
financial exploitation.
(c) The petition for an order requiring appropriate access
shall be afforded an expedited hearing in the circuit court.
(d) If the provider agency has substantiated financial
exploitation against an eligible adult, and has documented a
reasonable belief that the eligible adult will be irreparably
harmed as a result of the financial exploitation, the Office
of the Attorney General, the Department, or the provider
agency may petition for a temporary restraining order or any
other relief outlined in subsection (e) an order freezing the
assets of the eligible adult. The petition shall be filed in
the county or counties in which the assets are located. The
court's order shall prohibit the sale, gifting, transfer, or
wasting of the assets of the eligible adult, both real and
personal, owned by, or vested in, the eligible adult, without
the express permission of the court. The petition to freeze
the assets of the eligible adult shall be afforded an
expedited hearing in the circuit court.
(e) Temporary restraining order; service; hearing.
(1)(A) The court may grant a temporary restraining
order ex parte, pending a full hearing, and may grant such
relief as the court deems proper if the court finds that:
(i) An immediate and present danger of

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exploitation of the eligible adult exists.
(ii) There is a likelihood of irreparable harm and
nonavailability of an adequate remedy at law.
(iii) There is a substantial likelihood of success
on the merits.
(iv) The threatened injury to the eligible adult
outweighs possible harm to the respondent.
(v) Granting a temporary restraining order will
not disserve the public interest.
(vi) The temporary restraining order provides for
the eligible adult's physical or financial safety.
(B) Such relief the court deems proper may include,
but is not limited to, any of the following:
(i) Restraining the respondent from committing any
acts of exploitation against the eligible adult.
(ii) Awarding to the eligible adult the temporary
exclusive use and possession of the dwelling that the
eligible adult and the respondent share, or barring
the respondent from the residence of the eligible
adult. The court shall confirm the availability of any
required services or alternative caregivers that may
be necessary to ensure the eligible adult's safety.
(iii) Freezing any assets of the eligible adult in
any depository or financial institution whether titled
solely in the eligible adult's name, solely in the
respondent's name, jointly with the respondent, in

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guardianship, in trust, or in a Totten trust, provided
that:
(I) Assets held by a guardian for the eligible
adult may be frozen only by an order entered by the
court overseeing the guardianship proceeding.
(II) Assets held by a trust may be frozen only
by an order of the court if all the trustees of the
trust are served with process and are given
reasonable notice before any hearing on the
petition.
(III) Assets held solely in the name of the
respondent may only be frozen on an ex parte basis
if the petition and affidavit demonstrate to the
court probable cause that such assets are
traceable to the unlawful exploitation of the
eligible adult, that such assets are likely to be
returned to the eligible adult after a final
evidentiary hearing, and that no other adequate
remedy at law is reasonably available.
(iv) Freezing any line of credit of the eligible
adult at any depository or financial institution
whether listed solely in the eligible adult's name or
jointly with the respondent.
(I) Lines of credit held by a guardian for the
eligible adult may be frozen only by an order
entered by the court overseeing the guardianship

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proceeding.
(II) Lines of credit held by a trust may be
frozen only by an order of the court if all the
trustees of the trust are served with process and
are given reasonable notice before any hearing on
the petition.
(v) Prohibiting the respondent from having direct
or indirect contact with the eligible adult.
(vi) Providing directives to law enforcement
agencies.
(vii) If the court has ordered an asset and credit
freeze, ordering that specified living expenses of the
eligible adult continue to be paid.
(viii) Ordering any financial institution holding
assets of the eligible adult to pay the clerk of the
circuit court from unencumbered assets of the eligible
adult, if any, a fee of $75 if the assets of the
eligible adult are between $1,500 and $5,000 or a fee
of $200 if the assets are in excess of $5,000. The
court may rely on the estimate of the value of the
assets in the petition when assessing the fee. The fee
shall be taxed as costs against the respondent if the
court enters a temporary restraining order.
(2) Except as provided in Section 10-60 of the
Illinois Administrative Procedure Act, in a hearing ex
parte for the purpose of obtaining an ex parte temporary

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restraining order, the petitioner can present any relevant
evidence, including, but not limited to, verified
pleadings, affidavits, police reports, medical reports,
financial records, verbal testimony, still photos, audio
recordings, and video recordings.
(3) A denial of a petition for an ex parte temporary
restraining order must be by written order and must note
the legal grounds for denial. When the only ground for
denial is failure to demonstrate appearance of an
immediate and present danger of exploitation of an
eligible adult, the court must set a full hearing on the
petition for a temporary restraining order at the earliest
possible date. Nothing in this paragraph affects a
petitioner's right to promptly amend any petition
consistent with court rules.
(4) An ex parte temporary restraining order may be in
effect for a fixed period not to exceed 15 days unless good
cause is shown to extend the order. The ex parte temporary
restraining order may be extended one time for up to an
additional 30 days. A full hearing, as provided by this
Section, must be set for a date no later than the date when
the ex parte temporary restraining order ceases to be in
effect.
(f) Reasonable cause. In determining whether a petitioner
has reasonable cause to believe that the eligible adult is, or
is in imminent danger of becoming, a victim of exploitation,

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the court shall consider and evaluate all relevant factors,
including, but not limited to, any of the following:
(1) The existence of a verifiable order of protection
issued previously or from another jurisdiction.
(2) Any history of exploitation by the respondent upon
the eligible adult in the petition or any other eligible
adult.
(3) Any history of the eligible adult being previously
exploited or unduly influenced.
(4) The capacity of the eligible adult to make
decisions related to his or her finances and property.
(5) Susceptibility of the eligible adult to undue
influence.
(6) Any criminal history of the respondent or previous
probable cause findings by the adult protective services
program, if known.
(g) Notice of petition and restraining order.
(1) The respondent shall be personally served, in
accordance with Section 2-203 of the Code of Civil
Procedure, with a copy of the petition, notice of hearing,
and temporary restraining order, if any, before the final
hearing.
(2) If the petitioner is acting in a representative
capacity, the eligible adult shall also be served with a
copy of the petition, notice of hearing, and temporary
restraining order, if any, before the final hearing.

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(3) If any assets or lines of credit are ordered to be
frozen, the depository or financial institution must be
served as provided in Section 2-204 of the Code of Civil
Procedure.
(h) Final hearing on petition.
(1)(A) The court may grant such relief as the court
deems proper when, upon notice and hearing, it appears to
the court that:
(i) The eligible adult is the victim of
exploitation or that the eligible adult is in imminent
danger of becoming a victim of exploitation.
(ii) There is a likelihood of irreparable harm and
nonavailability of an adequate remedy at law.
(iii) The threatened injury to the eligible adult
outweighs possible harm to the respondent.
(iv) Where the restraining order freezes assets of
the respondent, the court finds probable cause that
exploitation has occurred, the freeze only affects the
proceeds of such exploitation, and there is a
substantial likelihood that such assets will be
ordered to be returned to the eligible adult.
(v) The relief provides for the eligible adult's
physical or financial safety.
(B) Such relief may include, but need not be limited
to, any of the following:
(i) Continuing the temporary restraining order in

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part or in whole.
(ii) Restraining the respondent from committing
any acts of exploitation.
(iii) Awarding to the eligible adult the exclusive
use and possession of the dwelling that the eligible
adult and the respondent share or excluding the
respondent from the residence of the eligible adult.
The court shall confirm the availability of any
required services or alternative caregivers that may
be necessary to ensure the eligible adult's safety.
(iv) Ordering the respondent to participate in
treatment, intervention, or counseling services to be
paid for by the respondent.
(v) Directing that assets under temporary freeze
by a restraining order be returned to the eligible
adult, or directing that those assets remain frozen
until ownership can be determined; and directing that
the temporary freeze on any line of credit be lifted.
(vi) Where the court has found that the respondent
has engaged in exploitation of the eligible adult,
entering a final cost judgment against the respondent
and in favor of the petitioner for all taxable costs,
and entering a final cost judgment against the
respondent and in favor of the clerk of the circuit
court for all the clerk's filing fees and service
charges that were waived by operation of this Section.

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(vii) Ordering such other relief as the court
deems necessary for the protection of a victim of
exploitation, including injunctions or directives to
law enforcement agencies, as provided in this Section.
(2) The court must allow an advocate from a State's
Attorney's Office or a law enforcement agency to be
present with the petitioner or the respondent during any
court proceedings or hearings related to the temporary
restraining order, provided the petitioner or the
respondent has made such a request and the advocate is
able to be present.
(3) The terms of a temporary restraining order as
provided in paragraph (1) remain in effect until the
temporary restraining order is modified or dissolved.
(i) Provisions required in any temporary restraining
order, preliminary injunction, or permanent injunction. A
temporary restraining order, preliminary injunction, or
permanent injunction entered by a court must, on its face,
indicate:
(1) That the temporary restraining order, preliminary
injunction, or permanent injunction is valid and
enforceable in all counties of this State.
(2) That law enforcement officers may use their arrest
powers under the Code of Criminal Procedure of 1963 to
enforce the terms of the temporary restraining order,
preliminary injunction, or permanent injunction.

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(3) That the court had jurisdiction over the parties
and subject matter under State law and that reasonable
notice and opportunity to be heard were given to the
person against whom the temporary restraining order,
preliminary injunction, or permanent injunction was
sought, in a manner that was sufficient to protect that
person's right to due process.
(4) If any assets or lines of credit are ordered to be
frozen, the date that the depository or financial
institution was served with the temporary restraining
order, preliminary injunction, or permanent injunction as
provided in Section 2-204 of the Code of Civil Procedure.
(5) The date the respondent was served with the
petition for a temporary restraining order, preliminary
injunction, or permanent injunction.
(j) Transmittal to sheriff; service.
(1)(A) The clerk of the circuit court shall furnish a
copy of the petition, the financial affidavit, the notice
of hearing, and any temporary restraining order to the
sheriff or a law enforcement agency of the county in which
the respondent resides or can be found, who shall serve it
upon the respondent as soon thereafter as possible on any
day of the week and at any time of the day or night. At the
request of the sheriff, the clerk of the circuit court may
transmit a facsimile copy of a temporary restraining order
that has been certified by the clerk of the circuit court

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in accordance with paragraph (4), and this facsimile copy
may be served in the same manner as a certified copy. The
clerk of the circuit court shall also furnish to the
sheriff such information on the respondent's physical
description and location as is required by the Illinois
State Police to comply with the verification procedures
set forth in subparagraph (B).
(B) Upon receiving a facsimile copy, the sheriff must
verify receipt with the clerk of the circuit court before
attempting to serve it upon the respondent. If the sheriff
is in possession of a temporary restraining order that has
been certified by the clerk of the circuit court, the
sheriff may transmit a facsimile copy of that temporary
restraining order to a law enforcement officer who shall
serve it in the same manner as a certified copy.
(C) Notwithstanding any other provision of law, the
chief judge of each judicial circuit, in consultation with
the appropriate sheriff, may authorize a law enforcement
agency within the jurisdiction to effect service. A law
enforcement agency performing service in accordance with
this Section shall use service and verification procedures
consistent with those of the sheriff.
(2)(A) Except where the eligible adult is the
petitioner, the clerk of the circuit court shall furnish a
copy of the petition, the financial affidavit, the notice
of hearing, and any temporary restraining order to the

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sheriff or a law enforcement agency of the county in which
the eligible adult resides or can be found, who shall
serve it upon the eligible adult as soon thereafter as
possible on any day of the week and at any time of the day
or night. At the request of the sheriff, the clerk of the
circuit court may transmit a facsimile copy of a temporary
restraining order that has been certified by the clerk of
the circuit court in accordance with paragraph (4), and
this facsimile copy may be served in the same manner as a
certified copy. The clerk of the circuit court shall also
furnish to the sheriff such information on the eligible
adult's physical description and location as is required
by the Illinois State Police to comply with the
verification procedures set forth in subparagraph (B).
(B) Upon receiving a facsimile copy, the sheriff must
verify receipt with the clerk of the circuit court before
attempting to serve it upon the eligible adult. If the
sheriff is in possession of a temporary restraining order
that has been certified by the clerk of the circuit court,
the sheriff may transmit a facsimile copy of that
temporary restraining order to a law enforcement officer,
who shall serve it in the same manner as a certified copy.
(C) Notwithstanding any other provision of law, the
chief judge of each judicial circuit, in consultation with
the appropriate sheriff, may authorize a law enforcement
agency within the jurisdiction of the judicial circuit to

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effect service. A law enforcement agency performing
service in accordance with this Section shall use service
and verification procedures consistent with those of the
sheriff.
(3) When a temporary restraining order, preliminary
injunction, or permanent injunction is issued by a court
to protect against the exploitation of an eligible adult,
if the petitioner requests that a law enforcement agency
assist the eligible adult, the court may order that an
officer from the appropriate law enforcement agency
accompany the eligible adult and assist in the service or
execution of the temporary restraining order, preliminary
injunction, or permanent injunction, including returning
possession of a dwelling or residence to the eligible
adult. A law enforcement officer shall accept a copy of
the temporary restraining order, preliminary injunction,
or permanent injunction, certified by the clerk of the
circuit court in accordance with paragraph (4), from the
petitioner and immediately serve it upon a respondent who
has been located but not yet served. The law enforcement
agency must also serve any temporary restraining order,
preliminary injunction, or permanent injunction freezing
assets on a financial institution where assets subject to
dissipation are held, or where a credit line may be
exploited. Service upon the depository or financial
institution must be served as provided in Section 2-204 of

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the Code of Civil Procedure.
(4) The clerk of the circuit court shall certify a
copy of all orders issued, changed, continued, extended,
or vacated subsequent to the original service of the
original petition, notice of hearing, or temporary
restraining order and deliver the certified copy to the
parties at the time of the entry of the order. The parties
may acknowledge receipt of a certified order in writing on
the face of the original order. If a party fails or refuses
to acknowledge the receipt of a certified copy of an
order, the clerk of the circuit court must note on the
original petition that service was effected. If delivery
at the hearing during which an order is issued is not
possible, the clerk of the circuit court shall mail
certified copies of the order to the parties at their
respective last known mailing addresses; except that
service upon a depository or financial institution must be
served as provided in Section 2-204 of the Code of Civil
Procedure. Service by mail is complete upon mailing. When
an order is served in accordance with this paragraph, the
clerk of the circuit court shall notify the sheriff of the
service and prepare a written certification to be placed
in the court file specifying the time, date, and method of
service.
(5) If the respondent has been previously served with
the temporary restraining order and has failed to appear

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at the initial hearing on the temporary restraining order,
any subsequent petition for a temporary restraining order
or preliminary injunction seeking an extension of time may
be served on the respondent by the clerk of the court by
certified mail in lieu of personal service by a law
enforcement officer.
(6)(A) Within 24 hours after the court issues a
temporary restraining order, preliminary injunction, or
permanent injunction to protect an eligible adult against
exploitation or changes, continues, extends, or vacates
such an order or injunction, the clerk of the circuit
court must forward a certified copy of the temporary
restraining order, preliminary injunction, or permanent
injunction to the sheriff with jurisdiction over the
residence of the petitioner for service in accordance with
this subsection.
(B) Within 24 hours after service of a temporary
restraining order, preliminary injunction, or permanent
injunction upon a respondent to protect an eligible adult
against exploitation, the law enforcement officer who
served the temporary restraining order, preliminary
injunction, or permanent injunction must forward the
written proof of service to the sheriff with jurisdiction
over the residence of the petitioner.
(C) Within 24 hours after the sheriff receives a
certified copy of the temporary restraining order,

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preliminary injunction, or permanent injunction to protect
an eligible adult against exploitation, the sheriff must
make information related to the order or injunction
available to this State's law enforcement agencies by
electronically transmitting such information to the
Illinois State Police.
(D) Within 24 hours after the sheriff or other law
enforcement officer has made service upon the respondent
and the sheriff has been so notified, the sheriff must
make information relating to the service available to
other law enforcement agencies by electronically
transmitting such information to the Illinois State
Police.
(E) Within 24 hours after a temporary restraining
order, preliminary injunction, or permanent injunction is
terminated or otherwise rendered no longer effective by
ruling of the court, the clerk of the circuit court must
notify the sheriff receiving original notification of the
temporary restraining order, preliminary injunction, or
permanent injunction as provided in subparagraph (A). The
sheriff shall, within 24 hours after receiving such
notification from the clerk of the circuit court, notify
the Illinois State Police of such court action.
(k) Enforcement.
(1) As to the respondent, the court may enforce a
violation of a temporary restraining order, preliminary

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injunction, or permanent injunction issued to protect an
eligible adult against exploitation through a civil or
criminal contempt proceeding, and the State's Attorney may
prosecute it as a criminal violation. Any assessment or
fine ordered by the court enforcing the temporary
restraining order, preliminary injunction, or permanent
injunction shall be collected by the clerk of the circuit
court and transferred on a monthly basis to the Department
of Revenue for deposit into the Domestic Violence Fund.
(2) If the respondent is arrested by a law enforcement
officer, the respondent must be held in custody until he
or she is brought before the court, which must occur as
expeditiously as possible, for the purpose of enforcing
the temporary restraining order, preliminary injunction,
or permanent injunction and for admittance to bail in
accordance with the applicable rules of criminal
procedure, pending a hearing.
(l) Judgment for damages. Actual damages may be assessed
against the petitioner in a proceeding under this Section if
the court finds that the petition lacks substantial factual or
legal support.
(m) Modification or dissolution of a temporary restraining
order, preliminary injunction, or permanent injunction. The
petitioner, respondent, or eligible adult may move at any time
to modify or dissolve the temporary restraining order,
preliminary injunction, or permanent injunction in part or in

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whole. No specific allegations are required for modification
or dissolution of the temporary restraining order, preliminary
injunction, or permanent injunction, which may be granted in
addition to other civil or criminal penalties. The court shall
promptly hear a motion to modify or dissolve a temporary
restraining order, preliminary injunction, or permanent
injunction.
(Source: P.A. 102-244, eff. 1-1-22.)
(320 ILCS 20/13.5)
Sec. 13.5. Commencement of action for access; filing fees;
process; notice; duration of orders.
(a) Actions for orders seeking access to an eligible adult
or for any other relief outlined in subsection (e) of Section
13 freezing assets of an eligible adult are commenced:
(1) independently, by filing a petition for access to
an eligible adult or freezing the assets of an eligible
adult in the circuit court;
(2) in conjunction with other civil proceedings, by
filing a petition for access to an eligible adult or
freezing the assets of an eligible adult under the same
case number as another civil proceeding involving the
parties, including, but not limited to:
(i) a guardianship proceeding under the Probate
Act of 1975;
(ii) a proceeding for involuntary commitment under

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the Mental Health and Developmental Disabilities Code;
(iii) any other proceeding, provided that the
eligible adult or the respondent is a party to or the
subject of that proceeding.
(b) No fee shall be charged by the clerk for filing
petitions or certifying orders. No fee shall be charged by a
sheriff for service by the sheriff of such a petition, rule,
motion, or order in an action commenced under this Section.
(c) Any action for an order for access to an eligible adult
or freezing assets of an eligible adult, whether commenced
independently or in conjunction with another proceeding, is a
distinct cause of action and requires that a separate summons
be issued and served, except that in pending cases the
following methods may be used:
(1) Delivery of the summons to respondent personally
in open court in pending civil or criminal cases.
(2) Mailing to the defendant, or, if represented, to
the defendant's attorney of record in the civil cases in
which the defendant has filed a general appearance. The
summons shall be in the form prescribed by subsection (d)
of Supreme Court Rule 101, except that it shall require
the respondent to answer or appear within 7 days.
Attachments to the summons or notice shall include the
petition for access to an eligible adult or freezing
assets of an eligible adult and supporting affidavits, if
any, and any emergency order for access to an eligible

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adult or freezing assets of an eligible adult that has
been issued.
(d) Summons may be served by a private person over 18 years
of age and not a party to the action. The return by that
private person shall be by affidavit. The summons may be
served by a sheriff or other law enforcement officer, and if
summons is placed for service by the sheriff, it shall be made
at the earliest time practicable and shall take precedence
over other summonses except those of a similar emergency
nature.
(e) Except as otherwise provided in this Section, notice
of hearings on petitions or motions shall be served in
accordance with Supreme Court Rules 11 and 12 unless notice is
excused by the Code of Civil Procedure, Supreme Court Rules,
or local rules, as now or hereafter amended.
(f) Original notice of a hearing on a petition for access
to an eligible adult or freezing assets of an eligible adult
may be given, and the documents served, in accordance with
Supreme Court Rules 11 and 12. When, however, an emergency
order is sought in such a case on an ex parte application, the
notice rules set forth in Section 11-101 of the Code of Civil
Procedure shall apply.
(g) An order entered in accordance with Sections 13 and
13.5 shall be valid for a fixed period of time, not to exceed 2
years.
(Source: P.A. 91-731, eff. 6-2-00.)

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Section 10. The Code of Civil Procedure is amended by
adding Section 2-203.3 as follows:
(735 ILCS 5/2-203.3 new)
Sec. 2-203.3. Service on third party platform; financial
exploitation. In cases of financial exploitation where the
alleged perpetrator is unknown or unascertainable, such that
service is impracticable under items (1) and (2) of subsection
(a) of Section 2-203, service upon the alleged perpetrator may
be made on the platform or third party through which the
alleged financial exploitation occurred. Notice shall be
provided by the same method used by the alleged perpetrator to
communicate with the protected party, and documentation of
identifying information and all service attempts shall be
filed with the court. The court may order any further
reasonable measures to effectuate notice and provide an
opportunity to be heard.".