Public Act 096-1241
 
HB5510 EnrolledLRB096 19632 AJO 35028 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 3. The Code of Criminal Procedure of 1963 is 
amended  by changing Section 112A-17 as follows:
 
    (725 ILCS 5/112A-17)  (from Ch. 38, par. 112A-17)
    Sec. 112A-17. 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, petitioner shall establish that:
        (1) The court has jurisdiction under Section 112A-9;
        (2) The requirements of Section 112A-14 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 112A-14(b)(1), "stay away order 
        and additional prohibitions" described
in Section

        112A-14(b)(3), "removal or concealment of minor child" 
        described in Section
112A-14(b)(8), "order to appear" 
        described in Section 112A-14(b)(9), "physical
care and 
        possession of the minor child" described in Section 
        112A-14(b)(5),
"protection of property" described in 
        Section 112A-14(b)(11), "prohibition
of entry" 
        described in Section 112A-14(b)(14), "prohibition of 
        access to
records" described in Section 
        112A-14(b)(15), and "injunctive relief"
described in 
        Section 112A-14(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 
        112A-14(b)(2), the immediate danger of further
abuse 
        of petitioner by respondent,
if petitioner chooses or 
        had chosen to remain in the residence or household

        while respondent was given any prior notice or greater 
        notice than was
actually given of petitioner's efforts 
        to obtain judicial relief,
outweighs the hardships to 
        respondent of an emergency order
granting petitioner 
        exclusive possession of the residence or household.

        This remedy shall not be denied because petitioner has 
        or could obtain temporary
shelter elsewhere while 
        prior notice is given to respondent, unless the

        hardships to respondent from exclusion from the home 
        substantially outweigh
those to petitioner.
            (iii) For the remedy of "possession of personal 
        property"
described in
Section 112A-14(b)(10), 
        improper disposition of the
personal property would be 
        likely
to occur if respondent were given any prior 
        notice, or greater notice than
was actually given, of 
        petitioner's efforts to obtain judicial relief, or

        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.
    (b) Appearance by respondent.
If 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 112A-18 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 Article.  
    If the judge finds that there is an immediate and present

    danger of abuse to petitioner and that petitioner has 
    satisfied the
prerequisites set forth in subsection (a) of 
    Section 112A-17, 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 Department of State Police pursuant to Section 112A-28. 
    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 112A-22.  Filing the petition shall

    commence proceedings for further relief, under Section 
    112A-2.
Failure to comply with the requirements of this 
    subsection shall not affect
the validity of the order.
(Source: P.A. 90-392, eff. 1-1-98.)
 
    Section 5. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 217 as follows:
 



    (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, 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 
        petitioner by respondent,
if petitioner chooses or had 
        chosen to remain in the residence or household
while 
        respondent was given any prior notice or greater notice 
        than was
actually given of petitioner's efforts to 
        obtain judicial relief,
outweighs the hardships to 
        respondent of an emergency order
granting petitioner 
        exclusive possession of the residence or household.

        This remedy shall not be denied because petitioner has 
        or could obtain
temporary shelter elsewhere while 
        prior notice is given to respondent, unless
the

        hardships to respondent from exclusion from the home 
        substantially outweigh
those to 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 respondent were given any prior notice, or 
        greater notice than
was actually given, of 
        petitioner's efforts to obtain judicial relief, or

        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.

    (b) Appearance by respondent.
If 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 petitioner and that 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 Department of 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. 96-701, eff. 1-1-10.)