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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Court | |||||||||||||||||||||||||||||||||||||||||||
5 | Record and Document Accessibility Act.
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6 | Section 5. Record and document accessibility. | |||||||||||||||||||||||||||||||||||||||||||
7 | (a) All records and documents are presumed to be | |||||||||||||||||||||||||||||||||||||||||||
8 | accessible by the court and the clerk of the court. A clerk of | |||||||||||||||||||||||||||||||||||||||||||
9 | the court shall limit access to case information and documents | |||||||||||||||||||||||||||||||||||||||||||
10 | that are not identified as public to the clerk of the court or | |||||||||||||||||||||||||||||||||||||||||||
11 | limited supervisory staff through the use of access codes | |||||||||||||||||||||||||||||||||||||||||||
12 | restricting access. Access to court records and documents | |||||||||||||||||||||||||||||||||||||||||||
13 | remotely over the Internet shall be as authorized by the | |||||||||||||||||||||||||||||||||||||||||||
14 | Illinois Supreme Court Remote Access Policy. | |||||||||||||||||||||||||||||||||||||||||||
15 | (b) Unless otherwise specified by rule, statute, or order, | |||||||||||||||||||||||||||||||||||||||||||
16 | access to case information and documents maintained by the | |||||||||||||||||||||||||||||||||||||||||||
17 | clerk of the court is defined as follows: | |||||||||||||||||||||||||||||||||||||||||||
18 | (1) "Public" means a document or case that is | |||||||||||||||||||||||||||||||||||||||||||
19 | accessible by any person upon request. | |||||||||||||||||||||||||||||||||||||||||||
20 | (2) "Impounded" means a document or case that is | |||||||||||||||||||||||||||||||||||||||||||
21 | accessible only to the parties of record on a case; | |||||||||||||||||||||||||||||||||||||||||||
22 | otherwise, the document or case is only accessible upon | |||||||||||||||||||||||||||||||||||||||||||
23 | order of a court. |
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1 | (3) "Confidential" means a document or case that is | ||||||
2 | accessible only to the party submitting the document or | ||||||
3 | filing the case; otherwise, the document or case is only | ||||||
4 | accessible upon order of a court. | ||||||
5 | (4) "Sealed" means a document or case that is | ||||||
6 | accessible only upon order of a court. | ||||||
7 | (5) "Expunged" means a document or case that is | ||||||
8 | accessible only upon order of a court as provided in | ||||||
9 | subparagraph (E) of paragraph (1) of subsection (a) of | ||||||
10 | Section 5.2 of the Criminal Identification Act. | ||||||
11 | (c) Notwithstanding any provision of subsections (a) and | ||||||
12 | (b), the court may enter an order restricting access to any | ||||||
13 | case or document per order of court. | ||||||
14 | (d) If any law of this State restricts access to any case | ||||||
15 | information and documents maintained by the clerk of the court | ||||||
16 | by using the phrase "shall not be public", or a similar phrase | ||||||
17 | stating that a court record is not available to the public, the | ||||||
18 | clerk of the court shall impound such case information and | ||||||
19 | documents unless the court directs otherwise. | ||||||
20 | (e) Notwithstanding any other provision of law, if any law | ||||||
21 | or statute of this State conflicts with Supreme Court Rule 8, | ||||||
22 | then Supreme Court Rule 8 governs.
| ||||||
23 | Section 10. Procedure for access; forms. | ||||||
24 | (a) The Supreme Court shall establish a process for access | ||||||
25 | to court files that are limited by statute or court rule. |
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1 | (b) The Supreme Court shall create a statewide | ||||||
2 | standardized form to request access to documents in a court | ||||||
3 | file that is restricted in any manner.
| ||||||
4 | Section 15. Applicability. This Act applies to all court | ||||||
5 | records and documents related to any civil or criminal | ||||||
6 | proceeding brought before any court in this State that are | ||||||
7 | created and maintained by a State court.
| ||||||
8 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by changing Section 108A-7 as follows:
| ||||||
10 | (725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
| ||||||
11 | Sec. 108A-7. Retention and Review of Recordings.
| ||||||
12 | (a) The contents of any conversation overheard by any
| ||||||
13 | eavesdropping device shall, if possible, be recorded on tape
| ||||||
14 | or a comparable device. The recording of the contents of a
| ||||||
15 | conversation under this Article shall be done in such a way
as | ||||||
16 | will protect the recording from editing or other alterations.
| ||||||
17 | (b) Immediately after the expiration of the period of
the | ||||||
18 | order or extension or, where the recording was made in an
| ||||||
19 | emergency situation as defined in Section 108A-6, at the time | ||||||
20 | of
the request for approval subsequent to the emergency, all | ||||||
21 | such
recordings shall be made available to the judge issuing | ||||||
22 | the
order or hearing the application for approval of an | ||||||
23 | emergency application.
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1 | The judge shall listen to the tapes, determine if the | ||||||
2 | conversations
thereon are within his order or were | ||||||
3 | appropriately
made in emergency situations, and make a record | ||||||
4 | of such determination
to be retained with the tapes.
| ||||||
5 | The recordings shall be sealed under the instructions of
| ||||||
6 | the judge and custody shall be where he orders. Such | ||||||
7 | recordings
shall not be destroyed except upon order of the | ||||||
8 | judge hearing
the application and in any event shall be kept | ||||||
9 | for 10 years
if not destroyed upon his order.
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10 | Duplicate recordings may be made for any use or disclosure
| ||||||
11 | authorized by this Article. The presence of the seal
provided | ||||||
12 | for in this Section or a satisfactory explanation for the
| ||||||
13 | absence thereof shall be a pre-requisite for the use or
| ||||||
14 | disclosure of the contents of the recordings or any evidence | ||||||
15 | derived therefrom.
| ||||||
16 | (c) Applications made and orders granted under this
| ||||||
17 | Article shall be sealed by the judge. Custody of the | ||||||
18 | applications
and orders shall be wherever the judge requests.
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19 | Such applications and orders shall be disclosed only upon a
| ||||||
20 | showing of good cause before a judge. Such documents shall
not | ||||||
21 | be destroyed except on the order of the issuing or
denying | ||||||
22 | judge or after the expiration of 10 years time if
not destroyed | ||||||
23 | upon his order. | ||||||
24 | As used in this subsection, "sealed" has the same meaning | ||||||
25 | as in paragraph (4) of subsection (b) of Section 5 of the Court | ||||||
26 | Record and Document Accessibility Act.
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1 | (Source: P.A. 79-1159.)
| ||||||
2 | Section 25. The Privacy of Child Victims of Criminal | ||||||
3 | Sexual Offenses Act is amended by changing Section 3 as | ||||||
4 | follows:
| ||||||
5 | (725 ILCS 190/3) (from Ch. 38, par. 1453)
| ||||||
6 | Sec. 3. Confidentiality of Law Enforcement and Court | ||||||
7 | Records. Notwithstanding any other law to the contrary, | ||||||
8 | inspection and copying of
law enforcement records maintained | ||||||
9 | by any law enforcement agency or all circuit
court records | ||||||
10 | maintained by any circuit clerk relating to any investigation
| ||||||
11 | or proceeding pertaining to a criminal sexual offense, by any | ||||||
12 | person, except a
judge, state's attorney, assistant state's | ||||||
13 | attorney, Attorney General, Assistant Attorney General, | ||||||
14 | psychologist,
psychiatrist, social worker, doctor, parent, | ||||||
15 | parole agent, aftercare specialist, probation officer,
| ||||||
16 | defendant, defendant's
attorney, advocate, or victim's | ||||||
17 | attorney (as defined in Section 3 of the Rights of Crime | ||||||
18 | Victims and Witnesses Act) in any criminal proceeding or | ||||||
19 | investigation related thereto, shall
be restricted to exclude | ||||||
20 | the identity of any child who is a victim of such
criminal | ||||||
21 | sexual offense or alleged criminal sexual offense unless a | ||||||
22 | court order is issued authorizing the removal of such | ||||||
23 | restriction as provided under this Section of a particular | ||||||
24 | case record or particular records of cases maintained by any |
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1 | circuit court clerk. A court may, for
the child's protection | ||||||
2 | and for good cause shown, prohibit any person or
agency | ||||||
3 | present in court from further disclosing the child's identity.
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4 | A court may prohibit such disclosure only after giving | ||||||
5 | notice and a hearing to all affected parties. In determining | ||||||
6 | whether to prohibit disclosure of the minor's identity, the | ||||||
7 | court shall consider: | ||||||
8 | (1) the best interest of the child; and | ||||||
9 | (2) whether such nondisclosure would further a | ||||||
10 | compelling State interest. | ||||||
11 | When a criminal sexual offense is committed or alleged to | ||||||
12 | have been
committed by a school district employee or any | ||||||
13 | individual contractually employed by a school district, a copy | ||||||
14 | of the criminal history record information relating to the | ||||||
15 | investigation of the offense or alleged offense shall be
| ||||||
16 | transmitted to the superintendent of schools
of the district | ||||||
17 | immediately upon request or if the law enforcement agency | ||||||
18 | knows that a school district employee or any individual | ||||||
19 | contractually employed by a school district has committed or | ||||||
20 | is alleged to have committed a criminal sexual offense, the | ||||||
21 | superintendent of schools
of the district shall be immediately | ||||||
22 | provided a copy of the criminal history record information. | ||||||
23 | The copy of the criminal history record information to be | ||||||
24 | provided under this Section shall exclude the identity of the | ||||||
25 | child victim. The superintendent shall be restricted from
| ||||||
26 | revealing the identity of the victim. Nothing in this Article |
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1 | precludes or may be used to preclude a mandated reporter from | ||||||
2 | reporting child abuse or child neglect as required under the | ||||||
3 | Abused and Neglected Child Reporting Act.
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4 | For the purposes of this Act, "criminal history record | ||||||
5 | information" means: | ||||||
6 | (i) chronologically maintained arrest information, | ||||||
7 | such as traditional
arrest logs or blotters; | ||||||
8 | (ii) the name of a person in the custody of a law | ||||||
9 | enforcement agency and
the charges for which that person | ||||||
10 | is being held; | ||||||
11 | (iii) court records that are public , as defined in | ||||||
12 | paragraph (1) of subsection (b) of Section 5 of the Court | ||||||
13 | Record and Document Accessibility Act ; | ||||||
14 | (iv) records that are otherwise available under State | ||||||
15 | or local law; or | ||||||
16 | (v) records in which the requesting party is the | ||||||
17 | individual
identified, except as provided under part (vii) | ||||||
18 | of
paragraph (c) of subsection (1) of Section 7 of the | ||||||
19 | Freedom of Information Act.
| ||||||
20 | (Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
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21 | Section 30. The Unified Code of Corrections is amended by | ||||||
22 | changing Section 5-5.5-15 as follows:
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23 | (730 ILCS 5/5-5.5-15)
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24 | Sec. 5-5.5-15. Certificates of relief from disabilities |
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1 | issued by courts.
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2 | (a) Any circuit court of this State may issue a
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3 | certificate of
relief from disabilities to an eligible | ||||||
4 | offender for a conviction that
occurred in that court if the | ||||||
5 | court imposed the sentence. The certificate may be issued (i) | ||||||
6 | at the time
sentence is pronounced, in which case it may grant | ||||||
7 | relief from
disabilities, or (ii) at any time
thereafter, in | ||||||
8 | which case it shall apply only to disabilities.
| ||||||
9 | (b) The certificate may not be issued by the court unless | ||||||
10 | the court
is satisfied, based on clear and convincing | ||||||
11 | evidence, that:
| ||||||
12 | (1) the person to whom it is to be granted is an | ||||||
13 | eligible offender, as
defined in Section 5-5.5-5;
| ||||||
14 | (2) the relief to be granted by the certificate is | ||||||
15 | consistent with the
rehabilitation of the eligible | ||||||
16 | offender; and
| ||||||
17 | (3) the relief to be granted by the certificate is | ||||||
18 | consistent with the
public interest.
| ||||||
19 | (c) If a certificate of relief from disabilities is not | ||||||
20 | issued at
the time sentence is pronounced it shall only be | ||||||
21 | issued thereafter upon
verified application to the court. The | ||||||
22 | court may, for the purpose of
determining whether the | ||||||
23 | certificate shall be issued, request the
probation or court | ||||||
24 | services department to conduct an investigation of the
| ||||||
25 | applicant. Any probation officer
requested to make an | ||||||
26 | investigation under this Section shall
prepare and submit to |
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1 | the court a written report in accordance with the
request.
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2 | (d) Any court that has issued a certificate of relief from | ||||||
3 | disabilities
may at any time issue a new certificate to | ||||||
4 | enlarge the relief previously
granted provided that the | ||||||
5 | provisions of clauses (1)
through (3) of subsection (b) of | ||||||
6 | this Section apply to the issuance of
any such new | ||||||
7 | certificate.
| ||||||
8 | (e) Any written report submitted to the court under this | ||||||
9 | Section
is confidential and may not be made available to any | ||||||
10 | person or public or
private agency except if specifically | ||||||
11 | required or permitted by
statute or upon specific | ||||||
12 | authorization of the court. However, it shall
be made | ||||||
13 | available by the court for examination by the applicant's
| ||||||
14 | attorney, or the applicant himself or herself, if he or she has | ||||||
15 | no attorney. In
its discretion, the court may except from | ||||||
16 | disclosure a part or parts of the
report that are not relevant | ||||||
17 | to the granting of a certificate, or
sources of information | ||||||
18 | which have been obtained on a promise of
confidentiality, or | ||||||
19 | any other portion of the report, disclosure of which
would not | ||||||
20 | be in the interest of justice. The action of the court | ||||||
21 | excepting
information from disclosure shall be subject to | ||||||
22 | appellate review. The
court, in its discretion, may hold a | ||||||
23 | conference in open court or in
chambers to afford an applicant | ||||||
24 | an opportunity to controvert or to
comment upon any portions | ||||||
25 | of the report. The court may also conduct a
summary hearing at | ||||||
26 | the conference on any matter relevant to the granting
of the |
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| |||||||
1 | application and may take testimony under oath.
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2 | As used in this subsection, "confidential" has the same | ||||||
3 | meaning as in paragraph (3) of subsection (b) of Section 5 of | ||||||
4 | the Court Record and Document Accessibility Act. | ||||||
5 | (f) An employer is not civilly or criminally liable for an | ||||||
6 | act or omission by an employee who has been issued a | ||||||
7 | certificate of relief from disabilities, except for a willful | ||||||
8 | or wanton act by the employer in hiring the employee who has | ||||||
9 | been issued a certificate of relief from disabilities. | ||||||
10 | (Source: P.A. 96-852, eff. 1-1-10.)
| ||||||
11 | Section 35. The Stalking No Contact Order Act is amended | ||||||
12 | by changing Sections 20 and 95 as follows:
| ||||||
13 | (740 ILCS 21/20)
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14 | Sec. 20. Commencement of action; filing fees. | ||||||
15 | (a) An action for a stalking no contact order is | ||||||
16 | commenced: | ||||||
17 | (1) independently, by filing a petition for a stalking | ||||||
18 | no contact order in any civil court, unless specific | ||||||
19 | courts are designated by local rule or order; or | ||||||
20 | (2) in conjunction with a delinquency petition or a | ||||||
21 | criminal prosecution as provided in Article 112A of the | ||||||
22 | Code of Criminal Procedure of 1963. | ||||||
23 | (a-1) A petition for a stalking no contact order may be | ||||||
24 | filed in person in-person or online. |
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| |||||||
1 | (a-5) When a petition for an emergency stalking no contact | ||||||
2 | order is filed, the petition and file shall not be public and | ||||||
3 | shall only be accessible to the court, law enforcement, | ||||||
4 | petitioner, victim advocate, counsel of record for either | ||||||
5 | party, and the State's Attorney for the county until the | ||||||
6 | petition is served on the respondent. | ||||||
7 | Accessibility to the petition and file under this | ||||||
8 | subsection prior to the petition being served on the | ||||||
9 | respondent shall be in accordance with Section 5 of the Court | ||||||
10 | Record and Document Accessibility Act. | ||||||
11 | (b) Withdrawal or dismissal of any petition for a stalking | ||||||
12 | no contact order prior to adjudication where the petitioner is | ||||||
13 | represented by the State shall operate as a dismissal without | ||||||
14 | prejudice. No action for a stalking no contact order shall be | ||||||
15 | dismissed because the respondent is being prosecuted for a | ||||||
16 | crime against the petitioner. For any action commenced under | ||||||
17 | item (2) of subsection (a) of this Section, dismissal of the | ||||||
18 | conjoined case (or a finding of not guilty) shall not require | ||||||
19 | dismissal of the action for a stalking no contact order; | ||||||
20 | instead, it may be treated as an independent action and, if | ||||||
21 | necessary and appropriate, transferred to a different court or | ||||||
22 | division. | ||||||
23 | (c) No fee shall be charged by the clerk of the court for | ||||||
24 | filing petitions or modifying or certifying orders. No fee | ||||||
25 | shall be charged by the sheriff for service by the sheriff of a | ||||||
26 | petition, rule, motion, or order in an action commenced under |
| |||||||
| |||||||
1 | this Section. | ||||||
2 | (d) The court shall provide, through the office of the | ||||||
3 | clerk of the court, simplified forms for filing of a petition | ||||||
4 | under this Section by any person not represented by counsel.
| ||||||
5 | (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; | ||||||
6 | 102-853, eff. 1-1-23; revised 12-14-22.)
| ||||||
7 | (740 ILCS 21/95) | ||||||
8 | Sec. 95. Emergency stalking no contact order. | ||||||
9 | (a) An emergency stalking no contact order shall issue if | ||||||
10 | the petitioner satisfies the requirements of this subsection | ||||||
11 | (a). The petitioner shall establish that: | ||||||
12 | (1) the court has jurisdiction under Section 50; | ||||||
13 | (2) the requirements of Section 80 are satisfied; and | ||||||
14 | (3) there is good cause to grant the remedy, | ||||||
15 | regardless of prior service of process or of notice upon | ||||||
16 | the respondent, because the harm which that remedy is | ||||||
17 | intended to prevent would be likely to occur if the | ||||||
18 | respondent were given any prior notice, or greater notice | ||||||
19 | than was actually given, of the petitioner's efforts to | ||||||
20 | obtain judicial relief. | ||||||
21 | An emergency stalking no contact order shall be issued by | ||||||
22 | the court if it appears from the contents of the petition and | ||||||
23 | the examination of the petitioner that the averments are | ||||||
24 | sufficient to indicate stalking by the respondent and to | ||||||
25 | support the granting of relief under the issuance of the |
| |||||||
| |||||||
1 | stalking no contact order. | ||||||
2 | An emergency stalking no contact order shall be issued if | ||||||
3 | the court finds that items (1), (2), and (3) of this subsection | ||||||
4 | (a) are met. | ||||||
5 | (a-5) When a petition for an emergency stalking no contact | ||||||
6 | order is granted, the petition, order, and file shall not be | ||||||
7 | public and shall only be accessible to the court, law | ||||||
8 | enforcement, petitioner, victim advocate, counsel of record | ||||||
9 | for either party, and the State's Attorney for the county | ||||||
10 | until the order is served on the respondent. | ||||||
11 | Accessibility to the petition, order, and file under this | ||||||
12 | subsection prior to the petition being served on the | ||||||
13 | respondent shall be in accordance with Section 5 of the Court | ||||||
14 | Record and Document Accessibility Act. | ||||||
15 | (b) If the respondent appears in court for this hearing | ||||||
16 | for an emergency order, he or she may elect to file a general | ||||||
17 | appearance and testify. Any resulting order may be an | ||||||
18 | emergency order, governed by this Section. Notwithstanding the | ||||||
19 | requirements of this Section, if all requirements of Section | ||||||
20 | 100 have been met, the court may issue a plenary order. | ||||||
21 | (c) Emergency orders; court holidays and evenings. | ||||||
22 | (1) When the court is unavailable at the close of | ||||||
23 | business, the petitioner may file a petition for a 21-day | ||||||
24 | emergency order before any available circuit judge or | ||||||
25 | associate judge who may grant relief under this Act. If | ||||||
26 | the judge finds that there is an immediate and present |
| |||||||
| |||||||
1 | danger of abuse against the petitioner and that the | ||||||
2 | petitioner has satisfied the prerequisites set forth in | ||||||
3 | subsection (a), that judge may issue an emergency stalking | ||||||
4 | no contact order. | ||||||
5 | (2) The chief judge of the circuit court may designate | ||||||
6 | for each county in the circuit at least one judge to be | ||||||
7 | reasonably available to issue orally, by telephone, by | ||||||
8 | facsimile, or otherwise, an emergency stalking no contact | ||||||
9 | order at all times, whether or not the court is in session. | ||||||
10 | (3) Any order issued under this Section and any | ||||||
11 | documentation in support of the order shall be certified | ||||||
12 | on the next court day to the appropriate court. The clerk | ||||||
13 | of that court shall immediately assign a case number, file | ||||||
14 | the petition, order, and other documents with the court, | ||||||
15 | and enter the order of record and file it with the sheriff | ||||||
16 | for service, in accordance with Section 60. Filing the | ||||||
17 | petition shall commence proceedings for further relief | ||||||
18 | under Section 20. Failure to comply with the requirements | ||||||
19 | of this paragraph (3) does not affect the validity of the | ||||||
20 | order.
| ||||||
21 | (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
| ||||||
22 | Section 40. The Civil No Contact Order Act is amended by | ||||||
23 | changing Sections 202 and 214 as follows:
| ||||||
24 | (740 ILCS 22/202)
|
| |||||||
| |||||||
1 | Sec. 202. Commencement of action; filing fees.
| ||||||
2 | (a) An action for a civil no contact order is commenced:
| ||||||
3 | (1) independently, by filing a petition for a civil no | ||||||
4 | contact order in any civil court,
unless specific courts | ||||||
5 | are designated by local rule or order; or
| ||||||
6 | (2) in conjunction with a
delinquency
petition or a | ||||||
7 | criminal prosecution as provided in Article 112A of the | ||||||
8 | Code of Criminal Procedure of 1963.
| ||||||
9 | (a-1) A petition for a civil no contact order may be filed | ||||||
10 | in person in-person or online. | ||||||
11 | (a-5) When a petition for an emergency civil no contact | ||||||
12 | order is filed, the petition and file shall not be public and | ||||||
13 | shall only be accessible to the court, law enforcement, | ||||||
14 | petitioner, rape crisis advocate, counsel of record for either | ||||||
15 | party, and the State's Attorney for the county until the | ||||||
16 | petition is served on the respondent. | ||||||
17 | Accessibility to the petition and file under this | ||||||
18 | subsection prior to the petition being served on the | ||||||
19 | respondent shall be in accordance with Section 5 of the Court | ||||||
20 | Record and Document Accessibility Act. | ||||||
21 | (b) Withdrawal or dismissal of any petition for a
civil no | ||||||
22 | contact order
prior to adjudication where the petitioner is | ||||||
23 | represented by the State shall
operate as a dismissal without | ||||||
24 | prejudice. No action for a civil no contact
order shall be | ||||||
25 | dismissed because the respondent is being prosecuted for a | ||||||
26 | crime
against the petitioner. For any action commenced under |
| |||||||
| |||||||
1 | item (2) of subsection
(a) of
this Section, dismissal of the | ||||||
2 | conjoined case (or a finding of not guilty)
shall not require | ||||||
3 | dismissal of the action for a civil no contact order;
instead, | ||||||
4 | it may be treated as an independent action and, if necessary | ||||||
5 | and
appropriate, transferred to a different court or division.
| ||||||
6 | (c) No fee shall be
charged by the clerk of the court for | ||||||
7 | filing petitions or modifying or
certifying orders. No
fee
| ||||||
8 | shall be charged by the sheriff for service by the sheriff of a
| ||||||
9 | petition, rule, motion, or order in an action commenced under | ||||||
10 | this
Section.
| ||||||
11 | (d) The court shall provide, through the office
of the | ||||||
12 | clerk of the court, simplified forms for filing of a petition | ||||||
13 | under this Section by any
person not represented by counsel.
| ||||||
14 | (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; | ||||||
15 | 102-853, eff. 1-1-23; revised 12-14-22.)
| ||||||
16 | (740 ILCS 22/214)
| ||||||
17 | Sec. 214. Emergency civil no contact order.
| ||||||
18 | (a) An emergency civil no contact order shall issue if
the | ||||||
19 | petitioner satisfies the requirements of this subsection (a). | ||||||
20 | The
petitioner
shall establish that:
| ||||||
21 | (1) the court has jurisdiction under Section 206;
| ||||||
22 | (2) the requirements of Section 213 are satisfied; and
| ||||||
23 | (3) there is good cause to grant the remedy, | ||||||
24 | regardless of
prior service of process or of notice upon | ||||||
25 | the respondent, because
the harm which that remedy is |
| |||||||
| |||||||
1 | intended to
prevent would be likely to occur if the | ||||||
2 | respondent were given
any prior notice, or greater notice | ||||||
3 | than was actually given, of
the petitioner's efforts to | ||||||
4 | obtain judicial relief.
| ||||||
5 | An emergency civil no contact order shall be issued by the | ||||||
6 | court if it appears from the contents of the petition and the | ||||||
7 | examination of the petitioner that the averments are | ||||||
8 | sufficient to indicate nonconsensual sexual conduct or | ||||||
9 | nonconsensual sexual penetration by the respondent and to | ||||||
10 | support the granting of relief under the issuance of the civil | ||||||
11 | no contact order.
| ||||||
12 | An emergency civil no contact order shall be issued if the | ||||||
13 | court finds that subsections (1), (2), and (3) above are met.
| ||||||
14 | (a-5) When a petition for a civil no contact order is | ||||||
15 | granted, the petition, order, and file shall not be public and | ||||||
16 | shall only be accessible to the court, law enforcement, | ||||||
17 | petitioner, rape crisis advocate, counsel of record for either | ||||||
18 | party, and the State's Attorney for the county until the | ||||||
19 | petition is served on the respondent. | ||||||
20 | Accessibility to the petition, order, and file under this | ||||||
21 | subsection prior to the petition being served on the | ||||||
22 | respondent shall be in accordance with Section 5 of the Court | ||||||
23 | Record and Document Accessibility Act. | ||||||
24 | (b) If the respondent appears in court for
this hearing | ||||||
25 | for an emergency order, he or she may elect to file a
general | ||||||
26 | appearance and testify. Any resulting order may be an |
| |||||||
| |||||||
1 | emergency
order, governed by this Section. Notwithstanding the | ||||||
2 | requirements of
this Section, if all requirements of Section | ||||||
3 | 215 have been met, the
court may issue a plenary order.
| ||||||
4 | (c) Emergency orders; court holidays and evenings.
| ||||||
5 | (1) When the court is unavailable at the close
of | ||||||
6 | business, the petitioner may file a petition for a 21-day
| ||||||
7 | emergency order before any available circuit judge or | ||||||
8 | associate
judge who may grant relief under this Act. If | ||||||
9 | the judge finds that
there is an immediate and present | ||||||
10 | danger of
abuse against the petitioner and
that the | ||||||
11 | petitioner has satisfied the prerequisites set forth in
| ||||||
12 | subsection (a), that judge may issue an emergency
civil no | ||||||
13 | contact order.
| ||||||
14 | (2) The chief judge of the circuit court
may designate | ||||||
15 | for each county in the circuit at least one judge to
be | ||||||
16 | reasonably available to issue orally, by telephone, by | ||||||
17 | facsimile,
or otherwise, an emergency civil no contact | ||||||
18 | order at all times, whether
or not the court is in session.
| ||||||
19 | (3) Any order issued under this
Section and any | ||||||
20 | documentation in support of the order shall be certified
| ||||||
21 | on the next court day to the appropriate court. The clerk | ||||||
22 | of that
court shall immediately assign a case number, file | ||||||
23 | the petition,
order, and other documents with the court, | ||||||
24 | and enter the order of
record and file it with the sheriff | ||||||
25 | for service, in accordance with
Section 222. Filing the | ||||||
26 | petition shall commence proceedings for
further relief |
| |||||||
| |||||||
1 | under Section 202. Failure to comply with the
requirements | ||||||
2 | of this paragraph (3) does not affect the validity of the
| ||||||
3 | order.
| ||||||
4 | (Source: P.A. 102-831, eff. 5-13-22.)
| ||||||
5 | Section 45. The Mental Health and Developmental | ||||||
6 | Disabilities Confidentiality Act is amended by changing | ||||||
7 | Section 3 as follows:
| ||||||
8 | (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
| ||||||
9 | Sec. 3.
(a) All records and communications shall be | ||||||
10 | confidential and shall
not be disclosed except as provided in | ||||||
11 | this Act. Unless otherwise expressly provided for in this Act, | ||||||
12 | records and communications made or created in the course of | ||||||
13 | providing mental health or developmental disabilities services | ||||||
14 | shall be protected from disclosure regardless of whether the | ||||||
15 | records and communications are made or created in the course | ||||||
16 | of a therapeutic relationship.
| ||||||
17 | As used in this subsection, "confidential" has the same | ||||||
18 | meaning as in paragraph (3) of subsection (b) of Section 5 of | ||||||
19 | the Court Record and Document Accessibility Act. | ||||||
20 | (b) A therapist is not required to but may, to the extent | ||||||
21 | he determines
it necessary and appropriate, keep personal | ||||||
22 | notes regarding a recipient.
Such personal notes are the work | ||||||
23 | product and personal property of the therapist
and shall not | ||||||
24 | be subject to discovery in any judicial, administrative or
|
| |||||||
| |||||||
1 | legislative proceeding or any proceeding preliminary thereto.
| ||||||
2 | (c) Psychological test material whose disclosure would | ||||||
3 | compromise the
objectivity or fairness of the testing process | ||||||
4 | may not be disclosed to
anyone including the subject of the | ||||||
5 | test and is not subject to disclosure
in any administrative, | ||||||
6 | judicial or legislative proceeding. However, any
recipient who | ||||||
7 | has been the subject of the psychological test shall have the
| ||||||
8 | right to have all records relating to that test disclosed to | ||||||
9 | any
psychologist designated by the recipient. Requests for | ||||||
10 | such disclosure
shall be in writing and shall comply with the | ||||||
11 | requirements of subsection
(b) of Section 5 of this Act.
| ||||||
12 | (Source: P.A. 99-28, eff. 1-1-16 .)
| ||||||
13 | Section 50. The Communicable Disease Report Act is amended | ||||||
14 | by changing Section 1 as follows:
| ||||||
15 | (745 ILCS 45/1) (from Ch. 126, par. 21)
| ||||||
16 | Sec. 1. Whenever any statute of this State or any | ||||||
17 | ordinance or
resolution of a municipal corporation or | ||||||
18 | political subdivision enacted
pursuant to statute or any rule | ||||||
19 | of an administrative agency adopted
pursuant to statute | ||||||
20 | requires medical practitioners or other persons to
report | ||||||
21 | cases of injury, medical condition or procedure, communicable
| ||||||
22 | disease, venereal disease, or sexually
transmitted disease to
| ||||||
23 | any governmental agency or officer, such reports shall be | ||||||
24 | confidential,
and any medical practitioner or other person |
| |||||||
| |||||||
1 | making such report in good
faith shall be immune from suit for | ||||||
2 | slander or libel based upon any
statements contained in such | ||||||
3 | report.
| ||||||
4 | The identity of any individual who makes a report or who is | ||||||
5 | identified in a
report
of an injury, medical condition or | ||||||
6 | procedure, communicable
disease, venereal disease, sexually | ||||||
7 | transmitted disease, or food-borne
illness or an investigation
| ||||||
8 | conducted pursuant to a report of an injury, medical condition | ||||||
9 | or
procedure, communicable disease, venereal disease, sexually
| ||||||
10 | transmitted disease, or food-borne illness shall be | ||||||
11 | confidential and the
identity of any person making a report or | ||||||
12 | named therein shall not be
disclosed publicly or in any action | ||||||
13 | of any kind in any court or before any
tribunal, board or | ||||||
14 | agency; provided that records and communications concerning
a | ||||||
15 | venereal disease or sexually transmitted disease in any minor | ||||||
16 | under 11
years of age shall be disclosed in accordance with the | ||||||
17 | provisions
of the Abused and Neglected Child Reporting Act, | ||||||
18 | approved June 26, 1975,
as now or hereafter amended.
| ||||||
19 | The confidentiality provisions of this Act do not apply to | ||||||
20 | the results
of tests for diseases conducted pursuant to
| ||||||
21 | subsections (g) and (g-5) of Section 5-5-3 and
subsection (a) | ||||||
22 | of Section
3-15-2 of the Unified Code of Corrections. | ||||||
23 | Nothing in this Act prohibits the sharing of information | ||||||
24 | as authorized in Section 2.1 of the Department of Public | ||||||
25 | Health Act.
| ||||||
26 | As used in this Section, "confidential" has the same |
| |||||||
| |||||||
1 | meaning as in paragraph (3) of subsection (b) of Section 5 of | ||||||
2 | the Court Record and Document Accessibility Act. | ||||||
3 | (Source: P.A. 93-829, eff. 7-28-04.)
| ||||||
4 | Section 55. The Illinois Domestic Violence Act of 1986 is | ||||||
5 | amended by changing Sections 202 and 217 as follows:
| ||||||
6 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| ||||||
7 | Sec. 202. Commencement of action; filing fees; dismissal.
| ||||||
8 | (a) How to commence action. Actions for orders of | ||||||
9 | protection are commenced:
| ||||||
10 | (1) Independently: By filing a petition for an order | ||||||
11 | of protection in
any civil court, unless specific courts | ||||||
12 | are designated by local rule or order.
| ||||||
13 | (2) In conjunction with another civil proceeding: By
| ||||||
14 | filing a petition for an order of protection under the | ||||||
15 | same case number
as another civil proceeding involving the | ||||||
16 | parties, including , but not
limited to: (i) any proceeding | ||||||
17 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
18 | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||||||
19 | and
Children Act, or Revised Uniform Reciprocal | ||||||
20 | Enforcement of Support Act or an
action for nonsupport | ||||||
21 | brought under Article X of the
Illinois Public Aid
Code, | ||||||
22 | provided that a petitioner and
the respondent are a party | ||||||
23 | to or the subject of that proceeding or (ii) a
| ||||||
24 | guardianship proceeding under the Probate Act of
1975, or |
| |||||||
| |||||||
1 | a proceeding for involuntary
commitment under the Mental | ||||||
2 | Health and Developmental Disabilities Code, or
any | ||||||
3 | proceeding, other than a delinquency petition, under the | ||||||
4 | Juvenile Court
Act of 1987, provided that a petitioner or | ||||||
5 | the
respondent is a party to or the subject of such | ||||||
6 | proceeding.
| ||||||
7 | (3) In conjunction with a delinquency petition or a
| ||||||
8 | criminal prosecution as provided in Section 112A-20 of the | ||||||
9 | Code of Criminal Procedure of 1963.
| ||||||
10 | (a-1) A petition for an order of protection may be filed in | ||||||
11 | person in-person or online. | ||||||
12 | (a-5) When a petition for an emergency order of protection | ||||||
13 | is filed, the petition shall not be public publicly available | ||||||
14 | until the petition is served on the respondent. | ||||||
15 | Accessibility to the petition under this subsection prior | ||||||
16 | to the petition being served on the respondent shall be in | ||||||
17 | accordance with Section 5 of the Court Record and Document | ||||||
18 | Accessibility Act. | ||||||
19 | (b) Filing, certification, and service fees. No fee shall | ||||||
20 | be charged
by the clerk for filing, amending, vacating, | ||||||
21 | certifying, or photocopying
petitions or orders; or for | ||||||
22 | issuing alias summons; or for any
related filing service. No
| ||||||
23 | fee shall be charged by the sheriff for service by the sheriff | ||||||
24 | of a
petition,
rule, motion, or order in an action commenced | ||||||
25 | under this Section.
| ||||||
26 | (c) Dismissal and consolidation. Withdrawal or dismissal |
| |||||||
| |||||||
1 | of any
petition for an order of protection prior to | ||||||
2 | adjudication where the
petitioner is represented by the State | ||||||
3 | shall operate as a dismissal without
prejudice. No action for | ||||||
4 | an order of protection shall be dismissed because
the | ||||||
5 | respondent is being prosecuted for a crime against the | ||||||
6 | petitioner. An
independent action may be consolidated with | ||||||
7 | another civil proceeding, as
provided by paragraph (2) of | ||||||
8 | subsection (a) of this Section. For any
action commenced under | ||||||
9 | paragraph (2) or (3) of subsection (a) of this Section,
| ||||||
10 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
11 | shall not
require dismissal of the action
for the order of | ||||||
12 | protection; instead, it may be treated as an
independent | ||||||
13 | action and, if necessary and appropriate, transferred to a
| ||||||
14 | different court or division. Dismissal of any conjoined case | ||||||
15 | shall not affect
the
validity of any previously issued order | ||||||
16 | of protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
17 | Section 220 shall be inapplicable to
such order.
| ||||||
18 | (d) Pro se petitions. The court shall provide, through the | ||||||
19 | office of
the clerk of the court, simplified forms and | ||||||
20 | clerical assistance to help
with the writing and filing of a | ||||||
21 | petition under this Section by any person
not represented by | ||||||
22 | counsel. In addition, that assistance may be provided
by the | ||||||
23 | State's Attorney state's attorney .
| ||||||
24 | (e)
As provided in this subsection, the administrative | ||||||
25 | director of the Administrative Office of the Illinois Courts, | ||||||
26 | with the approval of the administrative board of the courts, |
| |||||||
| |||||||
1 | may adopt rules to establish and implement a pilot program to | ||||||
2 | allow the electronic filing of petitions for temporary orders | ||||||
3 | of protection and the issuance of such orders by audio-visual | ||||||
4 | means to accommodate litigants for whom attendance in court to | ||||||
5 | file for and obtain emergency relief would constitute an undue | ||||||
6 | hardship or would constitute a risk of harm to the litigant. | ||||||
7 | (1) As used in this subsection: | ||||||
8 | (A) "Electronic means" means any method of | ||||||
9 | transmission of information between computers or other | ||||||
10 | machines designed for the purpose of sending or | ||||||
11 | receiving electronic transmission and that allows for | ||||||
12 | the recipient of information to reproduce the | ||||||
13 | information received in a tangible medium of | ||||||
14 | expression. | ||||||
15 | (B) "Independent audio-visual system" means an | ||||||
16 | electronic system for the transmission and receiving | ||||||
17 | of audio and visual signals, including those with the | ||||||
18 | means to preclude the unauthorized reception and | ||||||
19 | decoding of the signals by commercially available | ||||||
20 | television receivers, channel converters, or other | ||||||
21 | available receiving devices. | ||||||
22 | (C) "Electronic appearance" means an appearance in | ||||||
23 | which one or more of the parties are not present in the | ||||||
24 | court, but in which, by means of an independent | ||||||
25 | audio-visual system, all of the participants are | ||||||
26 | simultaneously able to see and hear reproductions of |
| |||||||
| |||||||
1 | the voices and images of the judge, counsel, parties, | ||||||
2 | witnesses, and any other participants. | ||||||
3 | (2) Any pilot program under this subsection (e) shall | ||||||
4 | be developed by the administrative director or his or her | ||||||
5 | delegate in consultation with at least one local | ||||||
6 | organization providing assistance to domestic violence | ||||||
7 | victims. The program plan shall include , but not be | ||||||
8 | limited to: | ||||||
9 | (A) identification of agencies equipped with or | ||||||
10 | that have access to an independent audio-visual system | ||||||
11 | and electronic means for filing documents; and | ||||||
12 | (B) identification of one or more organizations | ||||||
13 | who are trained and available to assist petitioners in | ||||||
14 | preparing and filing petitions for temporary orders of | ||||||
15 | protection and in their electronic appearances before | ||||||
16 | the court to obtain such orders; and | ||||||
17 | (C) identification of the existing resources | ||||||
18 | available in local family courts for the | ||||||
19 | implementation and oversight of the pilot program; and | ||||||
20 | (D) procedures for filing petitions and documents | ||||||
21 | by electronic means, swearing in the petitioners and | ||||||
22 | witnesses, preparation of a transcript of testimony | ||||||
23 | and evidence presented, and a prompt transmission of | ||||||
24 | any orders issued to the parties; and | ||||||
25 | (E) a timeline for implementation and a plan for | ||||||
26 | informing the public about the availability of the |
| |||||||
| |||||||
1 | program; and | ||||||
2 | (F) a description of the data to be collected in | ||||||
3 | order to evaluate and make recommendations for | ||||||
4 | improvements to the pilot program. | ||||||
5 | (3) In conjunction with an electronic appearance, any | ||||||
6 | petitioner for an ex parte temporary order of protection | ||||||
7 | may, using the assistance of a trained advocate if | ||||||
8 | necessary, commence the proceedings by filing a petition | ||||||
9 | by electronic means. | ||||||
10 | (A) A petitioner who is seeking an ex parte | ||||||
11 | temporary order of protection using an electronic | ||||||
12 | appearance must file a petition in advance of the | ||||||
13 | appearance and may do so electronically. | ||||||
14 | (B) The petitioner must show that traveling to or | ||||||
15 | appearing in court would constitute an undue hardship | ||||||
16 | or create a risk of harm to the petitioner. In granting | ||||||
17 | or denying any relief sought by the petitioner, the | ||||||
18 | court shall state the names of all participants and | ||||||
19 | whether it is granting or denying an appearance by | ||||||
20 | electronic means and the basis for such a | ||||||
21 | determination. A party is not required to file a | ||||||
22 | petition or other document by electronic means or to | ||||||
23 | testify by means of an electronic appearance. | ||||||
24 | (C) Nothing in this subsection (e) affects or | ||||||
25 | changes any existing laws governing the service of | ||||||
26 | process, including requirements for personal service |
| |||||||
| |||||||
1 | or the sealing and confidentiality of court records in | ||||||
2 | court proceedings or access to court records by the | ||||||
3 | parties to the proceedings. | ||||||
4 | (4) Appearances. | ||||||
5 | (A) All electronic appearances by a petitioner | ||||||
6 | seeking an ex parte temporary order of protection | ||||||
7 | under this subsection (e) are strictly voluntary and | ||||||
8 | the court shall obtain the consent of the petitioner | ||||||
9 | on the record at the commencement of each appearance. | ||||||
10 | (B) Electronic appearances under this subsection | ||||||
11 | (e) shall be recorded and preserved for transcription. | ||||||
12 | Documentary evidence, if any, referred to by a party | ||||||
13 | or witness or the court may be transmitted and | ||||||
14 | submitted and introduced by electronic means. | ||||||
15 | (Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23; | ||||||
16 | revised 12-13-22.)
| ||||||
17 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
18 | Sec. 217. Emergency order of protection.
| ||||||
19 | (a) Prerequisites. An emergency order of protection shall | ||||||
20 | issue if
petitioner satisfies the requirements of this | ||||||
21 | subsection for one or more of the
requested remedies. For each | ||||||
22 | remedy requested, the petitioner shall establish
that:
| ||||||
23 | (1) The court has jurisdiction under Section 208;
| ||||||
24 | (2) The requirements of Section 214 are satisfied; and
| ||||||
25 | (3) There is good cause to grant the remedy, |
| |||||||
| |||||||
1 | regardless of prior service
of process or of notice upon | ||||||
2 | the respondent, because:
| ||||||
3 | (i) For
the remedies of "prohibition of abuse" | ||||||
4 | described in
Section 214(b)(1), "stay away order and | ||||||
5 | additional prohibitions" described in
Section
| ||||||
6 | 214(b)(3), "removal or concealment of minor child" | ||||||
7 | described in Section
214(b)(8), "order to appear" | ||||||
8 | described in Section 214(b)(9), "physical
care and | ||||||
9 | possession of the minor child" described in Section | ||||||
10 | 214(b)(5),
"protection of property" described in | ||||||
11 | Section 214(b)(11), "prohibition
of entry" described | ||||||
12 | in Section 214(b)(14), "prohibition of firearm | ||||||
13 | possession" described in Section 214(b)(14.5), | ||||||
14 | "prohibition of access to
records" described in | ||||||
15 | Section 214(b)(15), and "injunctive relief"
described | ||||||
16 | in Section 214(b)(16), the harm which that remedy
is | ||||||
17 | intended to prevent would be likely to occur if the | ||||||
18 | respondent were given
any prior notice, or greater | ||||||
19 | notice than was actually given, of the
petitioner's | ||||||
20 | efforts to obtain judicial relief;
| ||||||
21 | (ii) For the remedy of "grant of exclusive | ||||||
22 | possession of
residence" described in Section | ||||||
23 | 214(b)(2), the immediate danger of further
abuse of | ||||||
24 | the petitioner by the respondent,
if the petitioner | ||||||
25 | chooses or had chosen to remain in the residence or | ||||||
26 | household
while the respondent was given any prior |
| |||||||
| |||||||
1 | notice or greater notice than was
actually given of | ||||||
2 | the petitioner's efforts to obtain judicial relief,
| ||||||
3 | outweighs the hardships to the respondent of an | ||||||
4 | emergency order
granting the petitioner exclusive | ||||||
5 | possession of the residence or household.
This remedy | ||||||
6 | shall not be denied because the petitioner has or | ||||||
7 | could obtain
temporary shelter elsewhere while prior | ||||||
8 | notice is given to the respondent, unless
the
| ||||||
9 | hardships to respondent from exclusion from the home | ||||||
10 | substantially outweigh
those to the petitioner;
| ||||||
11 | (iii) For the remedy of "possession of personal | ||||||
12 | property"
described in
Section 214(b)(10), improper | ||||||
13 | disposition of the personal
property would be likely
| ||||||
14 | to occur if the respondent were given any prior | ||||||
15 | notice, or greater notice than
was actually given, of | ||||||
16 | the petitioner's efforts to obtain judicial relief, or | ||||||
17 | the
petitioner has an immediate and pressing need for | ||||||
18 | possession of that property.
| ||||||
19 | An emergency order may not include the counseling, legal | ||||||
20 | custody, payment
of support , or monetary compensation | ||||||
21 | remedies.
| ||||||
22 | (a-5) When a petition for an emergency order of protection | ||||||
23 | is granted, the order and file shall not be public and shall | ||||||
24 | only be accessible to the court, the petitioner, law | ||||||
25 | enforcement, a domestic violence advocate or counselor, the | ||||||
26 | counsel of record for either party, and the State's Attorney |
| |||||||
| |||||||
1 | for the county until the order is served on the respondent. | ||||||
2 | Accessibility to the order and file under this subsection | ||||||
3 | prior to the order being served on the respondent shall be in | ||||||
4 | accordance with Section 5 of the Court Record and Document | ||||||
5 | Accessibility Act. | ||||||
6 | (b) Appearance by respondent.
If the respondent appears in | ||||||
7 | court for this hearing for an emergency order,
he or she may | ||||||
8 | elect to file a general appearance and testify.
Any resulting | ||||||
9 | order may be an emergency order, governed
by this Section.
| ||||||
10 | Notwithstanding the requirements of this Section, if all | ||||||
11 | requirements of
Section 218 have been met, the court may issue | ||||||
12 | a 30-day interim order.
| ||||||
13 | (c) Emergency orders: court holidays and evenings.
| ||||||
14 | (1) Prerequisites. When the court is unavailable at | ||||||
15 | the close of
business, the petitioner may file a petition | ||||||
16 | for a 21-day emergency order
before any available circuit | ||||||
17 | judge or associate judge who may grant relief
under this | ||||||
18 | Act. If the judge finds that there is an immediate and | ||||||
19 | present
danger of abuse to the petitioner and that the | ||||||
20 | petitioner has satisfied the
prerequisites set forth in | ||||||
21 | subsection (a) of Section 217, that judge may
issue an | ||||||
22 | emergency order of protection.
| ||||||
23 | (1.5) Issuance of order. The chief judge of the | ||||||
24 | circuit court
may designate for each county in the circuit | ||||||
25 | at least one judge to be
reasonably available to
issue | ||||||
26 | orally, by telephone, by facsimile, or otherwise, an |
| |||||||
| |||||||
1 | emergency
order of protection at all times, whether or not | ||||||
2 | the court is in session.
| ||||||
3 | (2) Certification and transfer. The judge who issued | ||||||
4 | the order under this Section shall promptly communicate or | ||||||
5 | convey the order to the sheriff to facilitate the entry of | ||||||
6 | the order into the Law Enforcement Agencies Data System by | ||||||
7 | the Illinois State Police pursuant to Section 302. Any | ||||||
8 | order issued under this Section and
any documentation in | ||||||
9 | support thereof shall be certified on the next court
day | ||||||
10 | to the appropriate court. The clerk of that court shall | ||||||
11 | immediately
assign a case number, file the petition, order | ||||||
12 | and other documents with the
court, and enter the order of | ||||||
13 | record and file it with the sheriff for
service, in | ||||||
14 | accordance with Section 222. Filing the petition
shall | ||||||
15 | commence proceedings for further relief under Section 202.
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16 | Failure to comply with the requirements of this subsection | ||||||
17 | shall not
affect the validity of the order.
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18 | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
19 | 102-831, eff. 5-13-22; revised 7-29-22.)
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20 | Section 60. The Probate Act of 1975 is amended by changing | ||||||
21 | Section 11a-9 as follows:
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22 | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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23 | Sec. 11a-9. Report. | ||||||
24 | (a) The petition for adjudication of disability
and for |
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| |||||||
1 | appointment of a guardian
should be accompanied by a report | ||||||
2 | which contains (1) a description of
the nature and type of the | ||||||
3 | respondent's disability and an assessment of how
the | ||||||
4 | disability impacts on the ability of the respondent to make | ||||||
5 | decisions or
to function independently; (2) an analysis and | ||||||
6 | results of evaluations of
the respondent's mental and physical | ||||||
7 | condition and, where
appropriate, educational condition, | ||||||
8 | adaptive behavior and social skills,
which have been performed | ||||||
9 | within 3 months of the date of the filing of the
petition, or, | ||||||
10 | in the case of an intellectual disability, a psychological | ||||||
11 | evaluation of the respondent that has been performed by a | ||||||
12 | clinical psychologist licensed under the Clinical Psychologist | ||||||
13 | Licensing Act, within one year of the date of the filing of the | ||||||
14 | petition; (3) an opinion as to whether guardianship is
needed, | ||||||
15 | the type and scope of the guardianship needed, and the reasons
| ||||||
16 | therefor; (4) a recommendation as to the most suitable living | ||||||
17 | arrangement
and, where appropriate, treatment or habilitation | ||||||
18 | plan for the respondent
and the reasons therefor; (5) the | ||||||
19 | name, business address, business telephone number, and | ||||||
20 | signatures of all persons who performed
the evaluations upon | ||||||
21 | which the report is based, one of whom shall be
a licensed | ||||||
22 | physician, or may, in the case of an intellectual disability, | ||||||
23 | be a clinical psychologist licensed under the Clinical | ||||||
24 | Psychologist Licensing Act, and a statement of the | ||||||
25 | certification, license, or other
credentials that qualify the | ||||||
26 | evaluators who prepared the report.
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1 | (b) If for any reason no report accompanies the petition, | ||||||
2 | the court
shall order appropriate evaluations to be performed | ||||||
3 | by a qualified
person or persons and a report prepared and | ||||||
4 | filed with the court at least
10 days prior to the hearing.
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5 | (b-5) Upon oral or written motion by the respondent or the | ||||||
6 | guardian ad
litem or upon the court's own motion, the court | ||||||
7 | shall appoint one or more
independent experts to examine the | ||||||
8 | respondent. Upon the filing with the
court of a verified | ||||||
9 | statement of services rendered by the expert or
experts, the | ||||||
10 | court shall determine a reasonable fee for the services
| ||||||
11 | performed. If the respondent is unable to pay the fee, the | ||||||
12 | court may
enter an order upon the petitioner to pay the entire | ||||||
13 | fee or such
amount as
the respondent is unable to pay.
However, | ||||||
14 | in cases where the Office of State Guardian is the petitioner,
| ||||||
15 | consistent with Section 30 of the Guardianship and Advocacy | ||||||
16 | Act, no expert
services fees shall be assessed against the | ||||||
17 | Office of the State Guardian. | ||||||
18 | (c) Unless the court otherwise directs, any report | ||||||
19 | prepared pursuant
to this Section shall not be made
part of the | ||||||
20 | public record of the proceedings but shall be available to
the | ||||||
21 | court or an appellate court in which the proceedings are | ||||||
22 | subject to
review, to the respondent, the petitioner, the | ||||||
23 | guardian, and their
attorneys, to the
respondent's guardian ad | ||||||
24 | litem, and to such other persons as the court
may direct.
| ||||||
25 | Accessibility to a report prepared pursuant to this | ||||||
26 | Section shall be in accordance with Section 5 of the Court |
| |||||||
| |||||||
1 | Record and Document Accessibility Act. | ||||||
2 | (Source: P.A. 102-109, eff. 1-1-22 .)
|