Bill Text: IL HB6109 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Supreme Court Act. Provides that the Supreme Court may establish a pilot program for the filing of petitions for temporary orders of protection by electronic means and for the issuance of such orders by audio-visual means. Provides that the administrative director of the courts shall maintain an up-to-date and publicly available listing of the sites, if any, at which petitions for ex parte temporary orders of protection may be filed, and at which electronic appearances in support of such petitions may be made. Provides that in developing a pilot program, the administrative director shall strive for a program that is regionally diverse and takes into consideration, among other things, the availability of public transportation, population density, and the availability of facilities for conducting the program. Amends the Illinois Domestic Violence Act of 1986. Defines terms and provides substantive and procedural requirements for the pilot program.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0718 [HB6109 Detail]

Download: Illinois-2015-HB6109-Enrolled.html

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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 Supreme Court Act is amended by adding
Section 7.5 as follows:
(705 ILCS 5/7.5 new)
Sec. 7.5. Electronic filing pilot program. The Supreme
Court may establish a pilot program for the filing of petitions
for temporary orders of protection by electronic means and for
the issuance of such orders by audio-visual means pursuant to
the Illinois Domestic Violence Act of 1986. The administrative
director shall maintain an up-to-date and publicly-available
listing of the sites, if any, at which a petition for an ex
parte temporary order of protection may be filed, and at which
electronic appearances in support of the petition may be made,
in accordance with the Illinois Domestic Violence Act of 1986.
In developing the pilot program, the administrative director
shall strive for a program that is regionally diverse and takes
into consideration, among other things, the availability of
public transportation, population density, and the
availability of facilities for conducting the program.
Section 10. The Illinois Domestic Violence Act of 1986 is

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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 10 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
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.

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(3) In conjunction with a delinquency petition or a
criminal prosecution: By filing a petition for an order of
protection, under the same case number as the delinquency
petition or criminal prosecution, to be granted during
pre-trial release of a defendant, with any dispositional
order issued under Section 5-710 of the Juvenile Court Act
of 1987 or as a condition of release, supervision,
conditional discharge, probation, periodic imprisonment,
parole, aftercare release, or mandatory supervised
release, or in conjunction with imprisonment or a bond
forfeiture warrant; provided that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,
and the alleged offender and victim are family or
household members or persons protected by this Act; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(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

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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
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,

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may adopt rules to establish and implement a pilot program to
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants 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.
(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

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the voices and images of the judge, counsel, parties,
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

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program; and
(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

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or the sealing and confidentiality of court records in
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. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16.)