Bill Text: IL HB4455 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Domestic Violence Act of 1986. Requires all counties in the State, within 18 months of the effective date of the Act, to allow a petition for an order of protection to be filed electronically.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-12-14 - Added Co-Sponsor Rep. Barbara Hernandez [HB4455 Detail]

Download: Illinois-2019-HB4455-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4455 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
750 ILCS 60/202 from Ch. 40, par. 2312-2
Amends the Illinois Domestic Violence Act of 1986. Requires all counties in the State, within 18 months of the effective date of the Act, to allow a petition for an order of protection to be filed electronically.
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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 Illinois Domestic Violence Act of 1986 is
amended by changing Section 202 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order of
protection in any civil court, unless specific courts are
designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the same
case number as another civil proceeding involving the
parties, including but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
and Children Act, Revised Uniform Reciprocal Enforcement
of Support Act or an action for nonsupport brought under
Article X of the Illinois Public Aid Code, provided that a
petitioner and the respondent are a party to or the subject
of that proceeding or (ii) a guardianship proceeding under

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the Probate Act of 1975, or a proceeding for involuntary
commitment under the Mental Health and Developmental
Disabilities Code, or any proceeding, other than a
delinquency petition, under the Juvenile Court Act of 1987,
provided that a petitioner or the respondent is a party to
or the subject of such proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution as provided in Section 112A-20 of the
Code of Criminal Procedure of 1963.
(a-5) When a petition for an emergency order of protection
is filed, the petition shall not be publicly available until
the petition is served on the respondent.
(a-10) A petition filed under this Section may be filed in
person or online as prescribed by subsection (e).
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for issuing
alias summons; or for any related filing service. No fee shall
be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the

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respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent action
and, if necessary and appropriate, transferred to a different
court or division. Dismissal of any conjoined case shall not
affect the validity of any previously issued order of
protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and clerical
assistance to help with the writing and filing of a petition
under this Section by any person not represented by counsel. In
addition, that assistance may be provided by the state's
attorney.
(e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
shall may adopt rules to establish and implement a pilot
program to allow the electronic filing of petitions for
temporary orders of protection under this Act and the issuance
of such orders by audio-visual means to accommodate litigants

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for whom attendance in court to file for and obtain emergency
relief would constitute an undue hardship or would constitute a
risk of harm to the litigant. All counties in this State shall
comply with this Section within 18 months of the effective date
of this amendatory Act of the 101st General Assembly.
(1) As used in this subsection:
(A) "Electronic means" means any method of
transmission of information between computers or other
machines designed for the purpose of sending or
receiving electronic transmission and that allows for
the recipient of information to reproduce the
information received in a tangible medium of
expression.
(B) "Independent audio-visual system" means an
electronic system for the transmission and receiving
of audio and visual signals, including those with the
means to preclude the unauthorized reception and
decoding of the signals by commercially available
television receivers, channel converters, or other
available receiving devices.
(C) "Electronic appearance" means an appearance in
which one or more of the parties are not present in the
court, but in which, by means of an independent
audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, parties,

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witnesses, and any other participants.
(2) Any pilot program under this subsection (e) shall
be developed by the administrative director or his or her
delegate in consultation with at least one local
organization providing assistance to domestic violence
victims. The program plan shall include but not be limited
to:
(A) identification of agencies equipped with or
that have access to an independent audio-visual system
and electronic means for filing documents; and
(B) identification of one or more organizations
who are trained and available to assist petitioners in
preparing and filing petitions for temporary orders of
protection and in their electronic appearances before
the court to obtain such orders; and
(C) identification of the existing resources
available in local family courts for the
implementation and oversight of the pilot program; and
(D) procedures for filing petitions and documents
by electronic means, swearing in the petitioners and
witnesses, preparation of a transcript of testimony
and evidence presented, and a prompt transmission of
any orders issued to the parties; and
(E) a timeline for implementation and a plan for
informing the public about the availability of the
program; and

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(F) a description of the data to be collected in
order to evaluate and make recommendations for
improvements to the pilot program.
(3) In conjunction with an electronic appearance, any
petitioner for an ex parte temporary order of protection
may, using the assistance of a trained advocate if
necessary, commence the proceedings by filing a petition by
electronic means.
(A) A petitioner who is seeking an ex parte
temporary order of protection using an electronic
appearance must file a petition in advance of the
appearance and may do so electronically.
(B) The petitioner must show that traveling to or
appearing in court would constitute an undue hardship
or create a risk of harm to the petitioner. In granting
or denying any relief sought by the petitioner, the
court shall state the names of all participants and
whether it is granting or denying an appearance by
electronic means and the basis for such a
determination. A party is not required to file a
petition or other document by electronic means or to
testify by means of an electronic appearance.
(C) Nothing in this subsection (e) affects or
changes any existing laws governing the service of
process, including requirements for personal service
or the sealing and confidentiality of court records in

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court proceedings or access to court records by the
parties to the proceedings.
(4) Appearances.
(A) All electronic appearances by a petitioner
seeking an ex parte temporary order of protection under
this subsection (e) are strictly voluntary and the
court shall obtain the consent of the petitioner on the
record at the commencement of each appearance.
(B) Electronic appearances under this subsection
(e) shall be recorded and preserved for transcription.
Documentary evidence, if any, referred to by a party or
witness or the court may be transmitted and submitted
and introduced by electronic means.
(Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17;
101-255, eff. 1-1-20.)