Bill Text: IL HB3161 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that in counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2015-08-03 - Public Act . . . . . . . . . 99-0240 [HB3161 Detail]

Download: Illinois-2015-HB3161-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3161 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-10 from Ch. 38, par. 112A-10
750 ILCS 60/210 from Ch. 40, par. 2312-10
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that in counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearm owners identification card, or the exclusive possession of a shared residence.
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A BILL FOR
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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-10 as follows:
(725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10)
Sec. 112A-10. Process.
(a) Summons. Any action for an order of protection, whether
commenced alone 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 criminal cases,
the summons may be delivered to respondent in open court. The
summons shall be in the form prescribed by Supreme Court Rule
101(d), except that it shall require respondent to answer or
appear within 7 days, and shall be accompanied by the petition
for the order of protection, any supporting affidavits, if any,
and any emergency order of protection that has been issued. The
enforcement of an order of protection under Section 112A-23
shall not be affected by the lack of service or delivery,
provided the requirements of subsection (a) of that Section are
otherwise met.
(b) Fees. No fee shall be charged for service of summons.
(c) Expedited service. The summons shall be served by the

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sheriff or other law enforcement officer at the earliest time
and shall take precedence over other summonses except those of
a similar emergency nature. Special process servers may be
appointed at any time, and their designation shall not affect
the responsibilities and authority of the sheriff or other
official process servers. Process shall not be served in court.
In counties with a population over 3,000,000, a special process
server may not be appointed if the order of protection grants
the surrender of a child, the surrender of a firearm or firearm
owners identification card, or the exclusive possession of a
shared residence.
(d) Remedies requiring actual notice. The counseling,
payment of support, payment of shelter services, and payment of
losses remedies provided by paragraphs 4, 12, 13, and 16 of
subsection (b) of Section 112A-14 may be granted only if
respondent has been personally served with process, has
answered or has made a general appearance.
(e) Remedies upon constructive notice. Service of process
on a member of respondent's household or by publication, in
accordance with Sections 2-203, 2-206 and 2-207 of the Code of
Civil Procedure, as now or hereafter amended, shall be adequate
for the remedies provided by paragraphs 1, 2, 3, 5, 6, 7, 8, 9,
10, 11, 14, 15, and 17 of subsection (b) of Section 112A-14,
but only if: (i) petitioner has made all reasonable efforts to
accomplish actual service of process personally upon
respondent, but respondent cannot be found to effect such

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service; and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.
(f) Default. A plenary order of protection may be entered
by default (1) for any of the remedies sought in the petition,
if respondent has been served with documents in accordance with
subsection (a) and if respondent then fails to appear on the
specified return date or on any subsequent hearing date agreed
to by the parties or set by the court; or (2) for any of the
remedies provided under subsection (e), if the defendant fails
to answer or appear in accordance with the date set in the
publication notice or the return date indicated on the service
of a household member.
(Source: P.A. 87-1186.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 210 as follows:
(750 ILCS 60/210) (from Ch. 40, par. 2312-10)
Sec. 210. Process.
(a) Summons. Any action for an order of protection, whether
commenced alone 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) By delivery of the summons to respondent personally
in open court in pending civil or criminal cases.

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(2) By notice in accordance with Section 210.1 in civil
cases in which the defendant has filed a general
appearance.
The summons shall be in the form prescribed by Supreme
Court Rule 101(d), except that it shall require respondent to
answer or appear within 7 days. Attachments to the summons or
notice shall include the petition for order of protection and
supporting affidavits, if any, and any emergency order of
protection that has been issued. The enforcement of an order of
protection under Section 223 shall not be affected by the lack
of service, delivery, or notice, provided the requirements of
subsection (d) of that Section are otherwise met.
(b) Blank.
(c) Expedited service. The summons shall be served by the
sheriff or other law enforcement officer at the earliest time
and shall take precedence over other summonses except those of
a similar emergency nature. Special process servers may be
appointed at any time, and their designation shall not affect
the responsibilities and authority of the sheriff or other
official process servers. In counties with a population over
3,000,000, a special process server may not be appointed if the
order of protection grants the surrender of a child, the
surrender of a firearm or firearm owners identification card,
or the exclusive possession of a shared residence.
(d) Remedies requiring actual notice. The counseling,
payment of support, payment of shelter services, and payment of

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losses remedies provided by paragraphs 4, 12, 13, and 16 of
subsection (b) of Section 214 may be granted only if respondent
has been personally served with process, has answered or has
made a general appearance.
(e) Remedies upon constructive notice. Service of process
on a member of respondent's household or by publication shall
be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
214, but only if: (i) petitioner has made all reasonable
efforts to accomplish actual service of process personally upon
respondent, but respondent cannot be found to effect such
service and (ii) petitioner files an affidavit or presents
sworn testimony as to those efforts.
(f) Default. A plenary order of protection may be entered
by default as follows:
(1) For any of the remedies sought in the petition, if
respondent has been served or given notice in accordance
with subsection (a) and if respondent then fails to appear
as directed or fails to appear on any subsequent appearance
or hearing date agreed to by the parties or set by the
court; or
(2) For any of the remedies provided in accordance with
subsection (e), if respondent fails to answer or appear in
accordance with the date set in the publication notice or
the return date indicated on the service of a household
member.

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(Source: P.A. 87-1186; 88-306.)