Public Act 102-0853
 
SB3667 EnrolledLRB102 25713 LNS 35021 b


  
    AN ACT concerning civil law.
  
 
    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-5.5 as follows:
 
    (725 ILCS 5/112A-5.5)
    Sec. 112A-5.5. Time for filing petition; service on 
respondent, hearing on petition, and default orders. 
    (a) A petition for a protective order may be filed at any 
time, in-person or online, after a criminal charge or 
delinquency petition is filed and before the charge or 
delinquency petition is dismissed, the defendant or juvenile 
is acquitted, or the defendant or juvenile completes service 
of his or her sentence.

    (b) The request for an ex parte protective order may be 
considered without notice to the respondent under Section 
112A-17.5 of this Code.
    (c)  A summons shall be issued and served for a protective 
order.  The summons may be served by delivery to the respondent 
personally in open court in the criminal or juvenile 
delinquency proceeding, in the form prescribed by subsection 
(d) of Supreme Court Rule 101, except that it shall require 
respondent to answer or appear within 7 days.  Attachments to 
the summons shall include the petition for protective order, 
supporting affidavits, if any, and any ex parte protective 
order that has been issued.
    (d) The summons shall be served by the sheriff or other law 
enforcement officer at the earliest time available and shall 
take precedence over any other summons, except those of a 
similar emergency nature. Attachments to the summons shall 
include the petition for protective order, supporting 
affidavits, if any, and any ex parte protective order that has 
been issued.  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 a county with a population over 
3,000,000, a special process server may not be appointed if 
the protective order grants the surrender of a child, the 
surrender of a firearm or Firearm Owner's Identification Card, 
or the exclusive possession of a shared residence.
    (e)  If the respondent is not served within 30 days of the 
filing of the petition, the court shall schedule a court 
proceeding on the issue of service.  Either the petitioner, the 
petitioner's counsel, or the State's Attorney shall appear and 
the court shall either order continued attempts at personal 
service or shall order service by publication, in accordance 
with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
Procedure.
    (f)  The request for a final protective order can be 
considered at any court proceeding in the delinquency or 
criminal case after service of the petition.  If the petitioner 
has not been provided notice of the court proceeding at least 
10  days in advance of the proceeding, the court shall schedule 
a hearing on the petition and provide notice to the 
petitioner.
    (f-5) A court in a county with a population above 250,000 
shall offer the option of a remote hearing to a petitioner for 
a protective order. The court has the discretion to grant or 
deny the request for a remote hearing. Each court shall 
determine the procedure for a remote hearing. The petitioner 
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing 
order, or local rule detailing information about the process 
for requesting and participating in a remote court appearance. 
The court order, standing order, or local rule shall be 
published on the court's website and posted on signs 
throughout the courthouse, including in the clerk's office. 
The sign shall be written in plain language and include 
information about the availability of remote court appearances 
and the process for requesting a remote hearing. 
    (g)  Default orders.
        (1) A final domestic violence order of protection may 
    be entered by default:
            (A) for any of the remedies sought in the 
        petition, if respondent has been served with documents 
        under subsection (b) or (c)  of this Section and if 
        respondent fails to appear on the specified return 
        date  or any subsequent hearing date agreed to by the 
        petitioner and respondent or set by the court; or
            (B) for any of the remedies provided under 
        paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
        (10), (11), (14), (15), (17), or (18) of subsection 
        (b) of Section 112A-14 of this Code, or if the 
        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.
        (2)  A final civil no contact order may be entered by 
    default for any of the remedies provided in Section 
    112A-14.5 of this Code, if respondent has been served with 
    documents under subsection (b) or (c) of this Section, and 
    if the 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.
        (3)  A final stalking no contact order may be entered 
    by default for any of the remedies provided by Section 
    112A-14.7 of this Code, if respondent has been served with 
    documents under subsection (b) or (c) of this Section and 
    if the 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. 
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
    Section 10. The Stalking No Contact Order Act is amended 
by changing Sections 20 and  70 as follows:
 
    (740 ILCS 21/20)
    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 or online. 
    (a-5) When a petition for an emergency stalking no contact 
order is filed, the petition shall not be publicly available 
until the petition is served on the respondent. 
    (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. 

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)
 
    (740 ILCS 21/70)

    Sec. 70. Hearings. 
    (a) A petition for a stalking no contact order shall be 
treated as an expedited proceeding, and no court may transfer 
or otherwise decline to decide all or part of such petition. 
Nothing in this Section shall prevent the court from reserving 
issues if jurisdiction or notice requirements are not met.

    (b) A court in a county with a population above 250,000 
shall offer the option of a remote hearing to a petitioner for 
a stalking no contact order. The court has the discretion to 
grant or deny the request for a remote hearing. Each court 
shall determine the procedure for a remote hearing. The 
petitioner and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing 
order, or local rule detailing information about the process 
for requesting and participating in a remote court appearance. 
The court order, standing order, or local rule shall be 
published on the court's website and posted on signs 
throughout the courthouse, including in the clerk's office. 
The sign shall be written in plain language and include 
information about the availability of remote court appearances 
and the process for requesting a remote hearing. 
(Source: P.A. 96-246, eff. 1-1-10.)
 
    Section 15. The Civil no Contact Order Act is amended by 
changing Sections 202 and  210 as follows:
 


    (740 ILCS 22/202)



    Sec. 202. Commencement of action; filing fees. 

    (a) An action for a civil no contact order is commenced:

        (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

        (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 civil no contact order may be filed 
in-person or online. 
    (a-5) When a petition for a civil no contact order is 
filed, the petition shall not be publicly available until the 
petition is served on the respondent. 
    (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.

    (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.

(Source: P.A. 100-199, eff. 1-1-18; 101-255, eff. 1-1-20.)

 



    (740 ILCS 22/210)



    Sec. 210. Hearings. 
    (a) A petition for a civil no contact order shall be

treated as an expedited proceeding, and no court may transfer 
or otherwise
decline
to decide all or part of such petition. 
Nothing in this Section shall prevent
the court from reserving 
issues if jurisdiction or notice requirements are not
met.

    (b) A court in a county with a population above 250,000 
shall offer the option of a remote hearing to a petitioner for 
a civil no contact order. The court has the discretion to grant 
or deny the request for a remote hearing. Each court shall 
determine the procedure for a remote hearing. The petitioner 
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing 
order, or local rule detailing information about the process 
for requesting and participating in a remote court appearance. 
The court order, standing order, or local rule shall be 
published on the court's website and posted on signs 
throughout the courthouse, including in the clerk's office. 
The sign shall be written in plain language and include 
information about the availability of remote court appearances 
and the process for requesting a remote hearing. 
(Source: P.A. 93-236, eff. 1-1-04.)

 
    Section 20. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Sections 202 and 212 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 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 or online. 
    (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. 
    (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.

    (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. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17; 
101-255, eff. 1-1-20.)
 



    (750 ILCS 60/212)  (from Ch. 40, par. 2312-12)



    Sec. 212. Hearings. 

    (a) A petition for an order of protection shall be
treated 
as an expedited proceeding, and no court
shall transfer or

otherwise decline to decide all or part of such petition

except as otherwise provided herein.  Nothing in this Section

shall prevent the court from reserving issues when 
jurisdiction or notice
requirements are not met.

    (b) Any court or a division thereof which ordinarily does 
not decide
matters of child custody and family support may 
decline to decide contested
issues of
physical care, custody, 
visitation, or family
support unless a decision on one or more 
of those contested
issues is necessary to
avoid the risk of 
abuse, neglect, removal from the state or concealment
within 
the state of the child or of separation of the child from the 
primary
caretaker.
If the court or division thereof has 
declined to decide any or all of
these issues, then it shall 
transfer all undecided issues to the
appropriate court or 
division.
In the event of such a transfer, a government 
attorney involved in the
criminal prosecution may, but need 
not, continue to offer counsel to
petitioner on transferred 
matters.

    (c) If the court transfers or otherwise declines to decide

any issue,
judgment on that issue shall be expressly reserved 
and  ruling on other
issues shall not be delayed or declined.
    (d) A court in a county with a population above 250,000 
shall offer the option of a remote hearing to a petitioner for 
an order of protection. The court has the discretion to grant 
or deny the request for a remote hearing. Each court shall 
determine the procedure for a remote hearing. The petitioner 
and respondent may appear remotely or in-person.
    The court shall issue and publish a court order, standing 
order, or local rule detailing information about the process 
for requesting and participating in a remote court appearance. 
The court order, standing order, or local rule shall be 
published on the court's website and posted on signs 
throughout the courthouse, including in the clerk's office. 
The sign shall be written in plain language and include 
information about the availability of remote court appearances 
and the process for requesting a remote hearing. 

(Source: P.A. 87-1186.)