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| Public Act 093-0944 |
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AN ACT concerning orders of protection.
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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 5. The Code of Criminal Procedure of 1963 is | ||||
amended by changing Section 112A-21 as follows:
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(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
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Sec. 112A-21. Contents of orders.
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(a) Any order of protection shall
describe, in reasonable | ||||
detail and not by reference to any other
document, the | ||||
following:
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(1) Each remedy granted by the court, in reasonable | ||||
detail and not by
reference to any other document, so that | ||||
respondent may clearly understand
what he or she must do or | ||||
refrain from doing. Pre-printed form orders
of
protection | ||||
shall include the definitions of the types of abuse,
as | ||||
provided
in Section 112A-3.
Remedies set forth in | ||||
pre-printed form orders shall be numbered
consistently | ||||
with and corresponding to the numerical sequence of | ||||
remedies
listed in Section 112A-14 (at least as of the date | ||||
the form orders are
printed).
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(2) The reason for denial of petitioner's request for | ||||
any remedy listed
in Section 112A-14.
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(b) An order of protection shall further state the | ||||
following:
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(1) The name of each petitioner that the court finds | ||||
was abused
by
respondent, and that respondent is a member | ||||
of the family or household of
each such petitioner, and the | ||||
name of each other person protected by the
order and that | ||||
such person is protected by this Act.
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(2) For any remedy requested by petitioner on which the | ||||
court has
declined to rule, that that remedy is reserved.
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(3) The date and time the order of protection was | ||||
issued, whether it is an
emergency, interim or plenary | ||
order and the duration of the order.
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(4) The date, time and place for any scheduled hearing | ||
for extension of
that order of protection or for another | ||
order of greater duration or scope.
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(5) For each remedy in an emergency order of | ||
protection, the reason for
entering that remedy without | ||
prior notice to respondent or greater notice
than was | ||
actually given.
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(6) For emergency and interim orders of protection, | ||
that respondent may
petition the court, in accordance with | ||
Section 112A-24, to re-open
that order if he or she did not | ||
receive actual prior notice of the hearing, in
accordance | ||
with Section 112A-11, and alleges that he or she had a
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meritorious defense to the order or that the order or any | ||
of its remedies
was not authorized by this Article.
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(c) Any order of protection shall include the following | ||
notice, printed in
conspicuous type: "Any knowing violation of | ||
an order of protection
forbidding physical abuse, harassment,
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intimidation, interference with personal liberty, willful | ||
deprivation, or
entering or remaining present at
specified | ||
places when the protected person is present, or granting | ||
exclusive
possession of the residence or household, or granting | ||
a stay away order
is a Class A misdemeanor. Grant
of exclusive | ||
possession of the residence or household shall constitute
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notice forbidding trespass to land. Any
knowing violation of an | ||
order awarding legal custody or physical care of a
child or | ||
prohibiting removal or concealment
of a child may be a Class 4 | ||
felony. Any willful violation of any order is
contempt of | ||
court. Any violation may result in fine or imprisonment."
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(d) An emergency order of protection shall state, "This | ||
Order of Protection is enforceable, even without registration, | ||
in all 50 states, the District of Columbia, tribal lands, and | ||
the U.S. territories pursuant to the Violence Against Women Act | ||
(18 U.S.C. 2265). Violating this Order of Protection may | ||
subject the respondent to federal charges and punishment (18 | ||
U.S.C. 2261-2262)."
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(e) An interim or plenary order of protection shall state, | ||
"This Order of Protection is enforceable, even without | ||
registration, in all 50 states, the District of Columbia, | ||
tribal lands, and the U.S. territories pursuant to the Violence | ||
Against Women Act (18 U.S.C. 2265). Violating this Order of | ||
Protection may subject the respondent to federal charges and | ||
punishment (18 U.S.C. 2261-2262). The respondent may be subject | ||
to federal criminal penalties for possessing, transporting, | ||
shipping, or receiving any firearm or ammunition under the Gun | ||
Control Act (18 U.S.C. 922(g)(8) and (9))."
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(Source: P.A. 86-1300; 87-1186.)
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Section 10. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Section 221 as follows:
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(750 ILCS 60/221) (from Ch. 40, par. 2312-21)
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Sec. 221. Contents of orders.
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(a) Any order of protection shall
describe the following:
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(1) Each remedy granted by the court, in reasonable | ||
detail and not by
reference to any other document, so that | ||
respondent may clearly understand
what he or she must do or | ||
refrain from doing. Pre-printed form orders
of
protection | ||
shall include the definitions of the types of abuse, | ||
neglect,
and exploitation, as provided
in Section 103.
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Remedies set forth in pre-printed form orders shall be | ||
numbered
consistently with and corresponding to the | ||
numerical sequence of remedies
listed in Section 214 (at | ||
least as of the date the form orders are printed).
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(2) The reason for denial of petitioner's request for | ||
any remedy listed
in Section 214.
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(b) An order of protection shall further state the | ||
following:
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(1) The name of each petitioner that the court finds | ||
was abused,
neglected, or exploited by respondent, and that | ||
respondent is a member of
the family or household of each | ||
such petitioner, and the name of each other
person | ||
protected by the order and that such person is protected by | ||
this Act.
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(2) For any remedy requested by petitioner on which the | ||
court has
declined to rule, that that remedy is reserved.
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(3) The date and time the order of protection was | ||
issued, whether it is an
emergency, interim or plenary | ||
order and the duration of the order.
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(4) The date, time and place for any scheduled hearing | ||
for extension of
that order of protection or for another | ||
order of greater duration or scope.
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(5) For each remedy in an emergency order of | ||
protection, the reason for
entering that remedy without | ||
prior notice to respondent or greater notice
than was | ||
actually given.
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(6) For emergency and interim orders of protection, | ||
that respondent may
petition the court, in accordance with | ||
Section 224, to re-open
that order if he or she did not | ||
receive actual prior notice of the hearing, in
accordance | ||
with Section 211, and alleges that he or she had a
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meritorious defense to the order or that the order or any | ||
of its remedies
was not authorized by this Act.
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(c) Any order of protection shall include the following | ||
notice, printed
in conspicuous type: "Any knowing violation of | ||
an order of protection
forbidding physical abuse, neglect, | ||
exploitation, harassment, intimidation,
interference with | ||
personal liberty, willful deprivation, or entering or
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remaining present at specified places when the protected person | ||
is present,
or granting exclusive possession of the residence | ||
or household, or
granting a stay away order is a Class A
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misdemeanor. Grant of exclusive possession of the residence or | ||
household
shall constitute notice forbidding trespass to land. | ||
Any knowing violation
of an order awarding legal custody or | ||
physical care of a child or
prohibiting removal or concealment | ||
of a child may be a Class 4 felony. Any
willful violation of | ||
any order is contempt of court. Any violation may
result in | ||
fine or imprisonment."
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(d) An emergency order of protection shall state, "This | ||
Order of Protection is enforceable, even without registration, | ||
in all 50 states, the District of Columbia, tribal lands, and | ||
the U.S. territories pursuant to the Violence Against Women Act | ||
(18 U.S.C. 2265). Violating this Order of Protection may | ||
subject the respondent to federal charges and punishment (18 | ||
U.S.C. 2261-2262)."
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(e) An interim or plenary order of protection shall state, | ||
"This Order of Protection is enforceable, even without | ||
registration, in all 50 states, the District of Columbia, | ||
tribal lands, and the U.S. territories pursuant to the Violence | ||
Against Women Act (18 U.S.C. 2265). Violating this Order of | ||
Protection may subject the respondent to federal charges and | ||
punishment (18 U.S.C. 2261-2262). The respondent may be subject | ||
to federal criminal penalties for possessing, transporting, | ||
shipping, or receiving any firearm or ammunition under the Gun | ||
Control Act (18 U.S.C. 922(g)(8) and (9))."
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(Source: P.A. 86-542; 86-1300; 87-1186.)
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