99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2928
 
Introduced , by Rep. Dwight Kay
 
SYNOPSIS AS INTRODUCED:
 

 
725 ILCS 5/112A-20.5 new
750 ILCS 60/220.5 new

     Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that the court shall, upon petition or upon its own motion, order the removal and destruction of all records related to an emergency order of protection after the expiration of the deadline to file a timely motion to set aside the order or a notice of appeal if: (1) the petitioner who sought the emergency order of protection fails to seek a plenary order of protection before the expiration of the emergency order; (2) the request for a plenary order of protection is denied or the plenary order of protection is dismissed by agreement; or (3) the petitioner or the petitioner's counsel fails to appear at the hearing for a plenary order.


LRB099 04315 HEP 24342 b

 
 
A BILL FOR
 

  
HB2928LRB099 04315 HEP 24342 b


  
1    AN ACT concerning domestic violence.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended  by adding Section 112A-20.5 as follows:
 
6    (725 ILCS 5/112A-20.5 new)
7    Sec. 112A-20.5. Records relating to emergency orders. The 
8court shall, upon petition or upon its own motion, order the 
9removal and destruction of all records related to an emergency 
10order of protection after the expiration of the deadline to 
11file a timely motion to set aside the order or a notice of 
12appeal if:
13        (1) the petitioner who sought the emergency order of 
14    protection fails to seek a plenary order of protection 
15    before the expiration of the emergency order;
16        (2) the request for a plenary order of protection is 
17    denied or the plenary order of protection is dismissed by 
18    agreement; or 
19        (3) the petitioner or the petitioner's counsel fails to 
20    appear at the hearing for a plenary order. 
 
21    Section 10. The Illinois Domestic Violence Act of 1986 is 
22amended  by adding Section 220.5 as follows:
 
 
 
HB2928- 2 -LRB099 04315 HEP 24342 b

1    (750 ILCS 60/220.5 new)
2    Sec. 220.5. Records relating to emergency orders. The court 
3shall, upon petition or upon its own motion, order the removal 
4and destruction of all records related to an emergency order of 
5protection after the expiration of the deadline to file a 
6timely motion to set aside the order or a notice of appeal if:
7        (1) the petitioner who sought the emergency order of 
8    protection fails to seek a plenary order of protection 
9    before the expiration of the emergency order;
10        (2) the request for a plenary order of protection is 
11    denied or the plenary order of protection is dismissed by 
12    agreement; or 
13        (3) the petitioner or the petitioner's counsel fails to 
14    appear at the hearing for a plenary order.