Public Act 099-0240
 
HB3161 EnrolledLRB099 07348 HEP 31580 b


  
    AN ACT concerning domestic violence.
  
 
    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-10 as follows:
 



    (725 ILCS 5/112A-10)  (from Ch. 38, par. 112A-10)



    Sec. 112A-10. Process. 

    (a) Summons.  Any action for an order of
protection, whether 
commenced alone or in conjunction with another
proceeding, is a 
distinct cause of action and requires that a separate
summons 
be issued and served, except that in pending criminal cases, 
the
summons may be delivered to respondent in open court.  The 
summons shall
be in the form prescribed by Supreme
Court Rule 
101(d), except that it shall require respondent to answer or

appear within 7 days, and shall be accompanied by the petition 
for the
order of protection, any supporting affidavits, if any, 
and any emergency
order of protection that has been issued.  The 
enforcement of an
order of protection under Section 112A-23 
shall not be affected by the lack
of service or delivery, 
provided the requirements of subsection (a) of that
Section are 
otherwise met. 

    (b) Fees.  No fee shall be charged for service of summons.

    (c) Expedited service.  The summons shall be served by the 
sheriff or
other law enforcement officer at the earliest time 
and shall take
precedence over other summonses except those of 
a similar emergency nature.
 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.  Process shall not be served in court. 
In counties with a population over 3,000,000, a special process 
server may not be appointed if the order of protection grants 
the surrender of a child, the surrender of a firearm or firearm 
owners identification card, or the exclusive possession of a 
shared residence.

    (d) Remedies requiring actual notice.  The counseling, 
payment of
support, payment of shelter services, and payment of 
losses remedies
provided by paragraphs 4,
12, 13, and 16 of 
subsection (b) of Section 112A-14 may be granted only if 
respondent
has been personally served with process, has 
answered or has made a general appearance.

    (e) Remedies upon constructive notice.  Service of process 
on a member
of respondent's household or by publication, in 
accordance with Sections
2-203, 2-206 and 2-207 of the Code of 
Civil Procedure, as now or hereafter
amended, shall be adequate 
for the remedies provided by paragraphs 1, 2, 3,
5, 6, 7, 8, 9, 
10, 11, 14, 15, and 17 of subsection (b) of
Section 112A-14, 
but only if: (i)
petitioner has made all reasonable efforts to 
accomplish actual service of
process personally upon 
respondent, but respondent cannot be found to
effect such 
service; and (ii) petitioner files an affidavit or presents

sworn testimony as to those efforts.

    (f) Default.  A plenary order of protection may be entered

by default
(1) for any of the remedies sought in the petition, 
if respondent has
been served with documents in accordance with 
subsection (a) and if
respondent then fails to appear on the 
specified return date or on any
subsequent hearing date agreed 
to by the parties or set by the court; or (2)
for any of the 
remedies provided under subsection (e), if
the defendant 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. 87-1186.)

 
    Section 10. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 210 as follows:
 



    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)



    Sec. 210. Process. 

    (a) Summons.  Any action for an order
of protection, whether 
commenced alone or in conjunction with another
proceeding, is a 
distinct cause of action and requires that a separate
summons 
be issued and served, except that in pending cases the 
following
methods may be used:


        (1) By delivery of the summons to respondent personally 
    in open
court in pending civil or criminal cases.


        (2) By notice in accordance with Section 210.1 in civil 
    cases in which
the defendant has filed a general 
    appearance.

    The summons shall be in the form prescribed
by Supreme 
Court Rule 101(d), except that it shall require respondent to

answer or appear within 7 days.
Attachments to the summons or 
notice shall include the petition for order
of protection and 
supporting affidavits, if any, and any emergency order of

protection that has been issued.  The enforcement of an order of 
protection
under Section 223 shall not be affected by the lack 
of service, delivery,
or notice, provided the requirements of 
subsection (d) of that Section are
otherwise met.

    (b) Blank.

    (c) Expedited service.  The summons shall be served by the 
sheriff or
other law enforcement officer at the earliest time 
and shall take
precedence over other summonses except those of 
a similar emergency nature.
 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 counties with a population over 
3,000,000, a special process server may not be appointed if the 
order of protection grants the surrender of a child, the 
surrender of a firearm or firearm owners identification card, 
or the exclusive possession of a shared residence.

    (d) Remedies requiring actual notice.  The counseling, 
payment of
support, payment of shelter services,
 and payment of 
losses remedies provided by paragraphs 4,
12, 13, and 16 of 
subsection (b) of Section 214 may be granted only if
respondent 
has
been personally served with process, has answered or has 
made a general
appearance.

    (e) Remedies upon constructive notice.  Service of process 
on a member
of respondent's household or by publication shall 
be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
214, but only if: (i) petitioner has made all reasonable

efforts to accomplish actual service of process personally upon 
respondent,
but respondent cannot be found to effect such 
service and (ii) petitioner
files an affidavit or presents 
sworn testimony
as to those efforts.

    (f) Default.  A plenary order of protection may be entered 
by default as follows:


        (1) For any of the remedies sought in the petition, if 
    respondent
has been served or given notice in accordance 
    with subsection (a) and if
respondent then fails to appear 
    as directed or fails to appear on any subsequent
appearance 
    or hearing date agreed to by the parties or set by the 
    court; or


        (2) For any of the remedies provided in accordance with 
    subsection
(e), if 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. 87-1186; 88-306.)