| ||||
| Public Act 099-0240 | ||||
| ||||
| ||||
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.)
| ||