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Public Act 103-0166 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Court | ||||
Record and Document Accessibility Act. | ||||
Section 5. Record and document accessibility. | ||||
(a) All records and documents are presumed to be | ||||
accessible by the court and the clerk of the court. A clerk of | ||||
the court shall limit access to case information and documents | ||||
that are not identified as public to the clerk of the court or | ||||
limited supervisory staff through the use of access codes | ||||
restricting access. Access to court records and documents | ||||
remotely over the Internet shall be as authorized by the | ||||
Illinois Supreme Court Remote Access Policy. | ||||
(b) Unless otherwise specified by rule, statute, or order, | ||||
access to case information and documents maintained by the | ||||
clerk of the court is defined as follows: | ||||
(1) "Public" means a document or case that is | ||||
accessible by any person upon request. | ||||
(2) "Impounded" means a document or case that is | ||||
accessible only to the parties of record on a case; | ||||
otherwise, the document or case is only accessible upon | ||||
order of a court. |
(3) "Confidential" means a document or case that is | ||
accessible only to the party submitting the document or | ||
filing the case; otherwise, the document or case is only | ||
accessible upon order of a court. | ||
(4) "Sealed" means a document or case that is | ||
accessible only upon order of a court. | ||
(5) "Expunged" means a document or case that is | ||
accessible only upon order of a court as provided in | ||
subparagraph (E) of paragraph (1) of subsection (a) of | ||
Section 5.2 of the Criminal Identification Act. | ||
(c) Notwithstanding any provision of subsections (a) and | ||
(b), the court may enter an order restricting access to any | ||
case or document per order of court. | ||
(d) If any law of this State restricts access to any case | ||
information and documents maintained by the clerk of the court | ||
by using the phrase "shall not be public", or a similar phrase | ||
stating that a court record is not available to the public, the | ||
clerk of the court shall impound such case information and | ||
documents unless the court directs otherwise. | ||
(e) Notwithstanding any other provision of law, if any law | ||
or statute of this State conflicts with Supreme Court Rule 8, | ||
then Supreme Court Rule 8 governs. | ||
Section 10. Process for access. The General Assembly | ||
encourages the Supreme Court to consider establishing a | ||
process for access to court files that are limited by statute |
or court rule that includes standardized
forms and provisions | ||
for requesting access to documents in court
files that are | ||
restricted in any manner. | ||
Section 15. Applicability. This Act applies to all court | ||
records and documents related to any civil or criminal | ||
proceeding brought before any court in this State that are | ||
created and maintained by a State court. | ||
Section 20. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 108A-7 as follows:
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(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
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Sec. 108A-7. Retention and Review of Recordings.
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(a) The contents of any conversation overheard by any
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eavesdropping device shall, if possible, be recorded on tape
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or a comparable device. The recording of the contents of a
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conversation under this Article shall be done in such a way
as | ||
will protect the recording from editing or other alterations.
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(b) Immediately after the expiration of the period of
the | ||
order or extension or, where the recording was made in an
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emergency situation as defined in Section 108A-6, at the time | ||
of
the request for approval subsequent to the emergency, all | ||
such
recordings shall be made available to the judge issuing | ||
the
order or hearing the application for approval of an | ||
emergency application.
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The judge shall listen to the tapes, determine if the | ||
conversations
thereon are within his order or were | ||
appropriately
made in emergency situations, and make a record | ||
of such determination
to be retained with the tapes.
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The recordings shall be sealed under the instructions of
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the judge and custody shall be where he orders. Such | ||
recordings
shall not be destroyed except upon order of the | ||
judge hearing
the application and in any event shall be kept | ||
for 10 years
if not destroyed upon his order.
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Duplicate recordings may be made for any use or disclosure
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authorized by this Article. The presence of the seal
provided | ||
for in this Section or a satisfactory explanation for the
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absence thereof shall be a pre-requisite for the use or
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disclosure of the contents of the recordings or any evidence | ||
derived therefrom.
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(c) Applications made and orders granted under this
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Article shall be sealed by the judge. Custody of the | ||
applications
and orders shall be wherever the judge requests.
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Such applications and orders shall be disclosed only upon a
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showing of good cause before a judge. Such documents shall
not | ||
be destroyed except on the order of the issuing or
denying | ||
judge or after the expiration of 10 years time if
not destroyed | ||
upon his order. | ||
As used in this subsection, "sealed" has the same meaning | ||
as in paragraph (4) of subsection (b) of Section 5 of the Court | ||
Record and Document Accessibility Act.
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(Source: P.A. 79-1159.)
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Section 25. The Privacy of Child Victims of Criminal | ||
Sexual Offenses Act is amended by changing Section 3 as | ||
follows:
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(725 ILCS 190/3) (from Ch. 38, par. 1453)
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Sec. 3. Confidentiality of Law Enforcement and Court | ||
Records. Notwithstanding any other law to the contrary, | ||
inspection and copying of
law enforcement records maintained | ||
by any law enforcement agency or all circuit
court records | ||
maintained by any circuit clerk relating to any investigation
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or proceeding pertaining to a criminal sexual offense, by any | ||
person, except a
judge, state's attorney, assistant state's | ||
attorney, Attorney General, Assistant Attorney General, | ||
psychologist,
psychiatrist, social worker, doctor, parent, | ||
parole agent, aftercare specialist, probation officer,
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defendant, defendant's
attorney, advocate, or victim's | ||
attorney (as defined in Section 3 of the Rights of Crime | ||
Victims and Witnesses Act) in any criminal proceeding or | ||
investigation related thereto, shall
be restricted to exclude | ||
the identity of any child who is a victim of such
criminal | ||
sexual offense or alleged criminal sexual offense unless a | ||
court order is issued authorizing the removal of such | ||
restriction as provided under this Section of a particular | ||
case record or particular records of cases maintained by any |
circuit court clerk. A court may, for
the child's protection | ||
and for good cause shown, prohibit any person or
agency | ||
present in court from further disclosing the child's identity.
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A court may prohibit such disclosure only after giving | ||
notice and a hearing to all affected parties. In determining | ||
whether to prohibit disclosure of the minor's identity, the | ||
court shall consider: | ||
(1) the best interest of the child; and | ||
(2) whether such nondisclosure would further a | ||
compelling State interest. | ||
When a criminal sexual offense is committed or alleged to | ||
have been
committed by a school district employee or any | ||
individual contractually employed by a school district, a copy | ||
of the criminal history record information relating to the | ||
investigation of the offense or alleged offense shall be
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transmitted to the superintendent of schools
of the district | ||
immediately upon request or if the law enforcement agency | ||
knows that a school district employee or any individual | ||
contractually employed by a school district has committed or | ||
is alleged to have committed a criminal sexual offense, the | ||
superintendent of schools
of the district shall be immediately | ||
provided a copy of the criminal history record information. | ||
The copy of the criminal history record information to be | ||
provided under this Section shall exclude the identity of the | ||
child victim. The superintendent shall be restricted from
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revealing the identity of the victim. Nothing in this Article |
precludes or may be used to preclude a mandated reporter from | ||
reporting child abuse or child neglect as required under the | ||
Abused and Neglected Child Reporting Act.
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For the purposes of this Act, "criminal history record | ||
information" means: | ||
(i) chronologically maintained arrest information, | ||
such as traditional
arrest logs or blotters; | ||
(ii) the name of a person in the custody of a law | ||
enforcement agency and
the charges for which that person | ||
is being held; | ||
(iii) court records that are public , as defined in | ||
paragraph (1) of subsection (b) of Section 5 of the Court | ||
Record and Document Accessibility Act ; | ||
(iv) records that are otherwise available under State | ||
or local law; or | ||
(v) records in which the requesting party is the | ||
individual
identified, except as provided under part (vii) | ||
of
paragraph (c) of subsection (1) of Section 7 of the | ||
Freedom of Information Act.
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(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||
Section 30. The Unified Code of Corrections is amended by | ||
changing Section 5-5.5-15 as follows:
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(730 ILCS 5/5-5.5-15)
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Sec. 5-5.5-15. Certificates of relief from disabilities |
issued by courts.
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(a) Any circuit court of this State may issue a
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certificate of
relief from disabilities to an eligible | ||
offender for a conviction that
occurred in that court if the | ||
court imposed the sentence. The certificate may be issued (i) | ||
at the time
sentence is pronounced, in which case it may grant | ||
relief from
disabilities, or (ii) at any time
thereafter, in | ||
which case it shall apply only to disabilities.
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(b) The certificate may not be issued by the court unless | ||
the court
is satisfied, based on clear and convincing | ||
evidence, that:
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(1) the person to whom it is to be granted is an | ||
eligible offender, as
defined in Section 5-5.5-5;
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(2) the relief to be granted by the certificate is | ||
consistent with the
rehabilitation of the eligible | ||
offender; and
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(3) the relief to be granted by the certificate is | ||
consistent with the
public interest.
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(c) If a certificate of relief from disabilities is not | ||
issued at
the time sentence is pronounced it shall only be | ||
issued thereafter upon
verified application to the court. The | ||
court may, for the purpose of
determining whether the | ||
certificate shall be issued, request the
probation or court | ||
services department to conduct an investigation of the
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applicant. Any probation officer
requested to make an | ||
investigation under this Section shall
prepare and submit to |
the court a written report in accordance with the
request.
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(d) Any court that has issued a certificate of relief from | ||
disabilities
may at any time issue a new certificate to | ||
enlarge the relief previously
granted provided that the | ||
provisions of clauses (1)
through (3) of subsection (b) of | ||
this Section apply to the issuance of
any such new | ||
certificate.
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(e) Any written report submitted to the court under this | ||
Section
is confidential and may not be made available to any | ||
person or public or
private agency except if specifically | ||
required or permitted by
statute or upon specific | ||
authorization of the court. However, it shall
be made | ||
available by the court for examination by the applicant's
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attorney, or the applicant himself or herself, if he or she has | ||
no attorney. In
its discretion, the court may except from | ||
disclosure a part or parts of the
report that are not relevant | ||
to the granting of a certificate, or
sources of information | ||
which have been obtained on a promise of
confidentiality, or | ||
any other portion of the report, disclosure of which
would not | ||
be in the interest of justice. The action of the court | ||
excepting
information from disclosure shall be subject to | ||
appellate review. The
court, in its discretion, may hold a | ||
conference in open court or in
chambers to afford an applicant | ||
an opportunity to controvert or to
comment upon any portions | ||
of the report. The court may also conduct a
summary hearing at | ||
the conference on any matter relevant to the granting
of the |
application and may take testimony under oath.
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As used in this subsection, "confidential" has the same | ||
meaning as in paragraph (3) of subsection (b) of Section 5 of | ||
the Court Record and Document Accessibility Act. | ||
(f) An employer is not civilly or criminally liable for an | ||
act or omission by an employee who has been issued a | ||
certificate of relief from disabilities, except for a willful | ||
or wanton act by the employer in hiring the employee who has | ||
been issued a certificate of relief from disabilities. | ||
(Source: P.A. 96-852, eff. 1-1-10.)
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Section 35. The Stalking No Contact Order Act is amended | ||
by changing Sections 20 and 95 as follows:
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(740 ILCS 21/20)
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Sec. 20. Commencement of action; filing fees. | ||
(a) An action for a stalking no contact order is | ||
commenced: | ||
(1) independently, by filing a petition for a stalking | ||
no contact order in any civil court, unless specific | ||
courts are designated by local rule or order; or | ||
(2) in conjunction with a delinquency petition or a | ||
criminal prosecution as provided in Article 112A of the | ||
Code of Criminal Procedure of 1963. | ||
(a-1) A petition for a stalking no contact order may be | ||
filed in person in-person or online. |
(a-5) When a petition for an emergency stalking no contact | ||
order is filed, the petition and file shall not be public and | ||
shall only be accessible to the court, law enforcement, | ||
petitioner, victim advocate, counsel of record for either | ||
party, and the State's Attorney for the county until the | ||
petition is served on the respondent. | ||
Accessibility to the petition and file under this | ||
subsection prior to the petition being served on the | ||
respondent shall be in accordance with Section 5 of the Court | ||
Record and Document Accessibility Act. | ||
(b) Withdrawal or dismissal of any petition for a stalking | ||
no contact order prior to adjudication where the petitioner is | ||
represented by the State shall operate as a dismissal without | ||
prejudice. No action for a stalking no contact order shall be | ||
dismissed because the respondent is being prosecuted for a | ||
crime against the petitioner. For any action commenced under | ||
item (2) 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 a stalking no contact order; | ||
instead, it may be treated as an independent action and, if | ||
necessary and appropriate, transferred to a different court or | ||
division. | ||
(c) No fee shall be charged by the clerk of the court for | ||
filing petitions or modifying or certifying orders. 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. | ||
(d) The court shall provide, through the office of the | ||
clerk of the court, simplified forms for filing of a petition | ||
under this Section by any person not represented by counsel.
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(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; | ||
102-853, eff. 1-1-23; revised 12-14-22.) | ||
(740 ILCS 21/95) | ||
Sec. 95. Emergency stalking no contact order. | ||
(a) An emergency stalking no contact order shall issue if | ||
the petitioner satisfies the requirements of this subsection | ||
(a). The petitioner shall establish that: | ||
(1) the court has jurisdiction under Section 50; | ||
(2) the requirements of Section 80 are satisfied; and | ||
(3) there is good cause to grant the remedy, | ||
regardless of prior service of process or of notice upon | ||
the respondent, because the harm which that remedy is | ||
intended to prevent would be likely to occur if the | ||
respondent were given any prior notice, or greater notice | ||
than was actually given, of the petitioner's efforts to | ||
obtain judicial relief. | ||
An emergency stalking no contact order shall be issued by | ||
the court if it appears from the contents of the petition and | ||
the examination of the petitioner that the averments are | ||
sufficient to indicate stalking by the respondent and to | ||
support the granting of relief under the issuance of the |
stalking no contact order. | ||
An emergency stalking no contact order shall be issued if | ||
the court finds that items (1), (2), and (3) of this subsection | ||
(a) are met. | ||
(a-5) When a petition for an emergency stalking no contact | ||
order is granted, the petition, order, and file shall not be | ||
public and shall only be accessible to the court, law | ||
enforcement, petitioner, victim advocate, counsel of record | ||
for either party, and the State's Attorney for the county | ||
until the order is served on the respondent. | ||
Accessibility to the petition, order, and file under this | ||
subsection prior to the petition being served on the | ||
respondent shall be in accordance with Section 5 of the Court | ||
Record and Document Accessibility Act. | ||
(b) If the respondent appears in court for this hearing | ||
for an emergency order, he or she may elect to file a general | ||
appearance and testify. Any resulting order may be an | ||
emergency order, governed by this Section. Notwithstanding the | ||
requirements of this Section, if all requirements of Section | ||
100 have been met, the court may issue a plenary order. | ||
(c) Emergency orders; court holidays and evenings. | ||
(1) When the court is unavailable at the close of | ||
business, the petitioner may file a petition for a 21-day | ||
emergency order before any available circuit judge or | ||
associate judge who may grant relief under this Act. If | ||
the judge finds that there is an immediate and present |
danger of abuse against the petitioner and that the | ||
petitioner has satisfied the prerequisites set forth in | ||
subsection (a), that judge may issue an emergency stalking | ||
no contact order. | ||
(2) The chief judge of the circuit court may designate | ||
for each county in the circuit at least one judge to be | ||
reasonably available to issue orally, by telephone, by | ||
facsimile, or otherwise, an emergency stalking no contact | ||
order at all times, whether or not the court is in session. | ||
(3) Any order issued under this Section and any | ||
documentation in support of the order shall be certified | ||
on the next court day to the appropriate court. The clerk | ||
of that court shall immediately assign a case number, file | ||
the petition, order, and other documents with the court, | ||
and enter the order of record and file it with the sheriff | ||
for service, in accordance with Section 60. Filing the | ||
petition shall commence proceedings for further relief | ||
under Section 20. Failure to comply with the requirements | ||
of this paragraph (3) does not affect the validity of the | ||
order.
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(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.) | ||
Section 40. The Civil No Contact Order Act is amended by | ||
changing Sections 202 and 214 as follows:
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(740 ILCS 22/202)
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Sec. 202. Commencement of action; filing fees.
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(a) An action for a civil no contact order is commenced:
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(1) independently, by filing a petition for a civil no | ||
contact order in any civil court,
unless specific courts | ||
are designated by local rule or order; or
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(2) in conjunction with a
delinquency
petition or a | ||
criminal prosecution as provided in Article 112A of the | ||
Code of Criminal Procedure of 1963.
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(a-1) A petition for a civil no contact order may be filed | ||
in person in-person or online. | ||
(a-5) When a petition for an emergency civil no contact | ||
order is filed, the petition and file shall not be public and | ||
shall only be accessible to the court, law enforcement, | ||
petitioner, rape crisis advocate, counsel of record for either | ||
party, and the State's Attorney for the county until the | ||
petition is served on the respondent. | ||
Accessibility to the petition and file under this | ||
subsection prior to the petition being served on the | ||
respondent shall be in accordance with Section 5 of the Court | ||
Record and Document Accessibility Act. | ||
(b) Withdrawal or dismissal of any petition for a
civil no | ||
contact order
prior to adjudication where the petitioner is | ||
represented by the State shall
operate as a dismissal without | ||
prejudice. No action for a civil no contact
order shall be | ||
dismissed because the respondent is being prosecuted for a | ||
crime
against the petitioner. For any action commenced under |
item (2) 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 a civil no contact order;
instead, | ||
it may be treated as an independent action and, if necessary | ||
and
appropriate, transferred to a different court or division.
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(c) No fee shall be
charged by the clerk of the court for | ||
filing petitions or modifying or
certifying orders. 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.
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(d) The court shall provide, through the office
of the | ||
clerk of the court, simplified forms for filing of a petition | ||
under this Section by any
person not represented by counsel.
| ||
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22; | ||
102-853, eff. 1-1-23; revised 12-14-22.)
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(740 ILCS 22/214)
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Sec. 214. Emergency civil no contact order.
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(a) An emergency civil no contact order shall issue if
the | ||
petitioner satisfies the requirements of this subsection (a). | ||
The
petitioner
shall establish that:
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(1) the court has jurisdiction under Section 206;
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(2) the requirements of Section 213 are satisfied; and
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(3) there is good cause to grant the remedy, | ||
regardless of
prior service of process or of notice upon | ||
the respondent, because
the harm which that remedy is |
intended to
prevent would be likely to occur if the | ||
respondent were given
any prior notice, or greater notice | ||
than was actually given, of
the petitioner's efforts to | ||
obtain judicial relief.
| ||
An emergency civil no contact order shall be issued by the | ||
court if it appears from the contents of the petition and the | ||
examination of the petitioner that the averments are | ||
sufficient to indicate nonconsensual sexual conduct or | ||
nonconsensual sexual penetration by the respondent and to | ||
support the granting of relief under the issuance of the civil | ||
no contact order.
| ||
An emergency civil no contact order shall be issued if the | ||
court finds that subsections (1), (2), and (3) above are met.
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(a-5) When a petition for a civil no contact order is | ||
granted, the petition, order, and file shall not be public and | ||
shall only be accessible to the court, law enforcement, | ||
petitioner, rape crisis advocate, counsel of record for either | ||
party, and the State's Attorney for the county until the | ||
petition is served on the respondent. | ||
Accessibility to the petition, order, and file under this | ||
subsection prior to the petition being served on the | ||
respondent shall be in accordance with Section 5 of the Court | ||
Record and Document Accessibility Act. | ||
(b) If the respondent appears in court for
this hearing | ||
for an emergency order, he or she may elect to file a
general | ||
appearance and testify. Any resulting order may be an |
emergency
order, governed by this Section. Notwithstanding the | ||
requirements of
this Section, if all requirements of Section | ||
215 have been met, the
court may issue a plenary order.
| ||
(c) Emergency orders; court holidays and evenings.
| ||
(1) When the court is unavailable at the close
of | ||
business, the petitioner may file a petition for a 21-day
| ||
emergency order before any available circuit judge or | ||
associate
judge who may grant relief under this Act. If | ||
the judge finds that
there is an immediate and present | ||
danger of
abuse against the petitioner and
that the | ||
petitioner has satisfied the prerequisites set forth in
| ||
subsection (a), that judge may issue an emergency
civil no | ||
contact order.
| ||
(2) The chief judge of the circuit court
may designate | ||
for each county in the circuit at least one judge to
be | ||
reasonably available to issue orally, by telephone, by | ||
facsimile,
or otherwise, an emergency civil no contact | ||
order at all times, whether
or not the court is in session.
| ||
(3) Any order issued under this
Section and any | ||
documentation in support of the order shall be certified
| ||
on the next court day to the appropriate court. The clerk | ||
of that
court shall immediately assign a case number, file | ||
the petition,
order, and other documents with the court, | ||
and enter the order of
record and file it with the sheriff | ||
for service, in accordance with
Section 222. Filing the | ||
petition shall commence proceedings for
further relief |
under Section 202. Failure to comply with the
requirements | ||
of this paragraph (3) does not affect the validity of the
| ||
order.
| ||
(Source: P.A. 102-831, eff. 5-13-22.)
| ||
Section 45. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 3 as follows:
| ||
(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
| ||
Sec. 3.
(a) All records and communications shall be | ||
confidential and shall
not be disclosed except as provided in | ||
this Act. Unless otherwise expressly provided for in this Act, | ||
records and communications made or created in the course of | ||
providing mental health or developmental disabilities services | ||
shall be protected from disclosure regardless of whether the | ||
records and communications are made or created in the course | ||
of a therapeutic relationship.
| ||
As used in this subsection, "confidential" has the same | ||
meaning as in paragraph (3) of subsection (b) of Section 5 of | ||
the Court Record and Document Accessibility Act. | ||
(b) A therapist is not required to but may, to the extent | ||
he determines
it necessary and appropriate, keep personal | ||
notes regarding a recipient.
Such personal notes are the work | ||
product and personal property of the therapist
and shall not | ||
be subject to discovery in any judicial, administrative or
|
legislative proceeding or any proceeding preliminary thereto.
| ||
(c) Psychological test material whose disclosure would | ||
compromise the
objectivity or fairness of the testing process | ||
may not be disclosed to
anyone including the subject of the | ||
test and is not subject to disclosure
in any administrative, | ||
judicial or legislative proceeding. However, any
recipient who | ||
has been the subject of the psychological test shall have the
| ||
right to have all records relating to that test disclosed to | ||
any
psychologist designated by the recipient. Requests for | ||
such disclosure
shall be in writing and shall comply with the | ||
requirements of subsection
(b) of Section 5 of this Act.
| ||
(Source: P.A. 99-28, eff. 1-1-16 .)
| ||
Section 50. The Communicable Disease Report Act is amended | ||
by changing Section 1 as follows:
| ||
(745 ILCS 45/1) (from Ch. 126, par. 21)
| ||
Sec. 1. Whenever any statute of this State or any | ||
ordinance or
resolution of a municipal corporation or | ||
political subdivision enacted
pursuant to statute or any rule | ||
of an administrative agency adopted
pursuant to statute | ||
requires medical practitioners or other persons to
report | ||
cases of injury, medical condition or procedure, communicable
| ||
disease, venereal disease, or sexually
transmitted disease to
| ||
any governmental agency or officer, such reports shall be | ||
confidential,
and any medical practitioner or other person |
making such report in good
faith shall be immune from suit for | ||
slander or libel based upon any
statements contained in such | ||
report.
| ||
The identity of any individual who makes a report or who is | ||
identified in a
report
of an injury, medical condition or | ||
procedure, communicable
disease, venereal disease, sexually | ||
transmitted disease, or food-borne
illness or an investigation
| ||
conducted pursuant to a report of an injury, medical condition | ||
or
procedure, communicable disease, venereal disease, sexually
| ||
transmitted disease, or food-borne illness shall be | ||
confidential and the
identity of any person making a report or | ||
named therein shall not be
disclosed publicly or in any action | ||
of any kind in any court or before any
tribunal, board or | ||
agency; provided that records and communications concerning
a | ||
venereal disease or sexually transmitted disease in any minor | ||
under 11
years of age shall be disclosed in accordance with the | ||
provisions
of the Abused and Neglected Child Reporting Act, | ||
approved June 26, 1975,
as now or hereafter amended.
| ||
The confidentiality provisions of this Act do not apply to | ||
the results
of tests for diseases conducted pursuant to
| ||
subsections (g) and (g-5) of Section 5-5-3 and
subsection (a) | ||
of Section
3-15-2 of the Unified Code of Corrections. | ||
Nothing in this Act prohibits the sharing of information | ||
as authorized in Section 2.1 of the Department of Public | ||
Health Act.
| ||
As used in this Section, "confidential" has the same |
meaning as in paragraph (3) of subsection (b) of Section 5 of | ||
the Court Record and Document Accessibility Act. | ||
(Source: P.A. 93-829, eff. 7-28-04.)
| ||
Section 55. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Sections 202 and 217 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, or 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 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-1) A petition for an order of protection may be filed in | ||
person in-person or online. | ||
(a-5) When a petition for an emergency order of protection | ||
is filed, the petition shall not be public publicly available | ||
until the petition is served on the respondent. | ||
Accessibility to the petition under this subsection prior | ||
to the petition being served on the respondent shall be in | ||
accordance with Section 5 of the Court Record and Document | ||
Accessibility Act. | ||
(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 | ||
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 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, |
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 |
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 |
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 |
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. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23; | ||
revised 12-13-22.)
| ||
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||
Sec. 217. Emergency order of protection.
| ||
(a) Prerequisites. An emergency order of protection shall | ||
issue if
petitioner satisfies the requirements of this | ||
subsection for one or more of the
requested remedies. For each | ||
remedy requested, the petitioner shall establish
that:
| ||
(1) The court has jurisdiction under Section 208;
| ||
(2) The requirements of Section 214 are satisfied; and
| ||
(3) There is good cause to grant the remedy, |
regardless of prior service
of process or of notice upon | ||
the respondent, because:
| ||
(i) For
the remedies of "prohibition of abuse" | ||
described in
Section 214(b)(1), "stay away order and | ||
additional prohibitions" described in
Section
| ||
214(b)(3), "removal or concealment of minor child" | ||
described in Section
214(b)(8), "order to appear" | ||
described in Section 214(b)(9), "physical
care and | ||
possession of the minor child" described in Section | ||
214(b)(5),
"protection of property" described in | ||
Section 214(b)(11), "prohibition
of entry" described | ||
in Section 214(b)(14), "prohibition of firearm | ||
possession" described in Section 214(b)(14.5), | ||
"prohibition of access to
records" described in | ||
Section 214(b)(15), and "injunctive relief"
described | ||
in Section 214(b)(16), the harm which that remedy
is | ||
intended to prevent would be likely to occur if the | ||
respondent were given
any prior notice, or greater | ||
notice than was actually given, of the
petitioner's | ||
efforts to obtain judicial relief;
| ||
(ii) For the remedy of "grant of exclusive | ||
possession of
residence" described in Section | ||
214(b)(2), the immediate danger of further
abuse of | ||
the petitioner by the respondent,
if the petitioner | ||
chooses or had chosen to remain in the residence or | ||
household
while the respondent was given any prior |
notice or greater notice than was
actually given of | ||
the petitioner's efforts to obtain judicial relief,
| ||
outweighs the hardships to the respondent of an | ||
emergency order
granting the petitioner exclusive | ||
possession of the residence or household.
This remedy | ||
shall not be denied because the petitioner has or | ||
could obtain
temporary shelter elsewhere while prior | ||
notice is given to the respondent, unless
the
| ||
hardships to respondent from exclusion from the home | ||
substantially outweigh
those to the petitioner;
| ||
(iii) For the remedy of "possession of personal | ||
property"
described in
Section 214(b)(10), improper | ||
disposition of the personal
property would be likely
| ||
to occur if the respondent were given any prior | ||
notice, or greater notice than
was actually given, of | ||
the petitioner's efforts to obtain judicial relief, or | ||
the
petitioner has an immediate and pressing need for | ||
possession of that property.
| ||
An emergency order may not include the counseling, legal | ||
custody, payment
of support , or monetary compensation | ||
remedies.
| ||
(a-5) When a petition for an emergency order of protection | ||
is granted, the order and file shall not be public and shall | ||
only be accessible to the court, the petitioner, law | ||
enforcement, a domestic violence advocate or counselor, the | ||
counsel of record for either party, and the State's Attorney |
for the county until the order is served on the respondent. | ||
Accessibility to the order and file under this subsection | ||
prior to the order being served on the respondent shall be in | ||
accordance with Section 5 of the Court Record and Document | ||
Accessibility Act. | ||
(b) Appearance by respondent.
If the respondent appears in | ||
court for this hearing for an emergency order,
he or she may | ||
elect to file a general appearance and testify.
Any resulting | ||
order may be an emergency order, governed
by this Section.
| ||
Notwithstanding the requirements of this Section, if all | ||
requirements of
Section 218 have been met, the court may issue | ||
a 30-day interim order.
| ||
(c) Emergency orders: court holidays and evenings.
| ||
(1) Prerequisites. When the court is unavailable at | ||
the close of
business, the petitioner may file a petition | ||
for a 21-day emergency order
before any available circuit | ||
judge or associate judge who may grant relief
under this | ||
Act. If the judge finds that there is an immediate and | ||
present
danger of abuse to the petitioner and that the | ||
petitioner has satisfied the
prerequisites set forth in | ||
subsection (a) of Section 217, that judge may
issue an | ||
emergency order of protection.
| ||
(1.5) Issuance of order. The chief judge of the | ||
circuit court
may designate for each county in the circuit | ||
at least one judge to be
reasonably available to
issue | ||
orally, by telephone, by facsimile, or otherwise, an |
emergency
order of protection at all times, whether or not | ||
the court is in session.
| ||
(2) Certification and transfer. The judge who issued | ||
the order under this Section shall promptly communicate or | ||
convey the order to the sheriff to facilitate the entry of | ||
the order into the Law Enforcement Agencies Data System by | ||
the Illinois State Police pursuant to Section 302. Any | ||
order issued under this Section and
any documentation in | ||
support thereof shall be certified on the next court
day | ||
to the appropriate court. The clerk of that court shall | ||
immediately
assign a case number, file the petition, order | ||
and other documents with the
court, and enter the order of | ||
record and file it with the sheriff for
service, in | ||
accordance with Section 222. Filing the petition
shall | ||
commence proceedings for further relief under Section 202.
| ||
Failure to comply with the requirements of this subsection | ||
shall not
affect the validity of the order.
| ||
(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; | ||
102-831, eff. 5-13-22; revised 7-29-22.)
| ||
Section 60. The Probate Act of 1975 is amended by changing | ||
Section 11a-9 as follows:
| ||
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
| ||
Sec. 11a-9. Report. | ||
(a) The petition for adjudication of disability
and for |
appointment of a guardian
should be accompanied by a report | ||
which contains (1) a description of
the nature and type of the | ||
respondent's disability and an assessment of how
the | ||
disability impacts on the ability of the respondent to make | ||
decisions or
to function independently; (2) an analysis and | ||
results of evaluations of
the respondent's mental and physical | ||
condition and, where
appropriate, educational condition, | ||
adaptive behavior and social skills,
which have been performed | ||
within 3 months of the date of the filing of the
petition, or, | ||
in the case of an intellectual disability, a psychological | ||
evaluation of the respondent that has been performed by a | ||
clinical psychologist licensed under the Clinical Psychologist | ||
Licensing Act, within one year of the date of the filing of the | ||
petition; (3) an opinion as to whether guardianship is
needed, | ||
the type and scope of the guardianship needed, and the reasons
| ||
therefor; (4) a recommendation as to the most suitable living | ||
arrangement
and, where appropriate, treatment or habilitation | ||
plan for the respondent
and the reasons therefor; (5) the | ||
name, business address, business telephone number, and | ||
signatures of all persons who performed
the evaluations upon | ||
which the report is based, one of whom shall be
a licensed | ||
physician, or may, in the case of an intellectual disability, | ||
be a clinical psychologist licensed under the Clinical | ||
Psychologist Licensing Act, and a statement of the | ||
certification, license, or other
credentials that qualify the | ||
evaluators who prepared the report.
|
(b) If for any reason no report accompanies the petition, | ||
the court
shall order appropriate evaluations to be performed | ||
by a qualified
person or persons and a report prepared and | ||
filed with the court at least
10 days prior to the hearing.
| ||
(b-5) Upon oral or written motion by the respondent or the | ||
guardian ad
litem or upon the court's own motion, the court | ||
shall appoint one or more
independent experts to examine the | ||
respondent. Upon the filing with the
court of a verified | ||
statement of services rendered by the expert or
experts, the | ||
court shall determine a reasonable fee for the services
| ||
performed. If the respondent is unable to pay the fee, the | ||
court may
enter an order upon the petitioner to pay the entire | ||
fee or such
amount as
the respondent is unable to pay.
However, | ||
in cases where the Office of State Guardian is the petitioner,
| ||
consistent with Section 30 of the Guardianship and Advocacy | ||
Act, no expert
services fees shall be assessed against the | ||
Office of the State Guardian. | ||
(c) Unless the court otherwise directs, any report | ||
prepared pursuant
to this Section shall not be made
part of the | ||
public record of the proceedings but shall be available to
the | ||
court or an appellate court in which the proceedings are | ||
subject to
review, to the respondent, the petitioner, the | ||
guardian, and their
attorneys, to the
respondent's guardian ad | ||
litem, and to such other persons as the court
may direct.
| ||
Accessibility to a report prepared pursuant to this | ||
Section shall be in accordance with Section 5 of the Court |
Record and Document Accessibility Act. | ||
(Source: P.A. 102-109, eff. 1-1-22 .)
|