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90_SB1723
725 ILCS 5/112A-32 new
750 ILCS 60/Art. V. heading new
750 ILCS 60/501 new
Amends the Code of Criminal Procedure of 1963 and the
Illinois Domestic Violence Act of 1986. Provides that an
order of protection issued, under certain circumstances, by a
court of competent jurisdiction of any other state or Indian
tribe shall be given full faith and credit throughout this
State and enforced as if it were issued in this State.
Effective immediately.
LRB9009909RCmg
LRB9009909RCmg
1 AN ACT in relation to orders of protection, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by adding Section 112A-32 as follows:
7 (725 ILCS 5/112A-32 new)
8 Sec. 112A-32. Out-of-state orders of protection; full,
9 faith and credit; registration.
10 (a) Any order of protection issued, that is consistent
11 with subsection (b) of this Section, by a court of competent
12 jurisdiction of any other state or Indian tribe shall be
13 given full faith and credit throughout this State and
14 enforced as if it were issued in this State.
15 (b) An order of protection is consistent with this
16 subsection, if:
17 (1) Reasonable notice and opportunity to be heard
18 was given to the person against whom the order is sought
19 sufficient to protect that person's right to due process.
20 (2) In the case of ex parte orders, notice and
21 opportunity to be heard must be provided within the time
22 required by state or tribal law and, in any event, within
23 a reasonable time after the order is issued, sufficient
24 to protect the respondent's due process rights.
25 (c) An order of protection issued by a state or tribal
26 court against one who has petitioned, filed a complaint, or
27 otherwise filed a written pleading for protection against
28 abuse by a spouse or intimate partner is not entitled to full
29 faith and credit if:
30 (1) No cross or counter petition, complaint, or
31 other written pleading was filed seeking an order of
-2- LRB9009909RCmg
1 protection; or
2 (2) A cross or counter petition has been filed and
3 the court did not make specific findings that each party
4 was entitled to an order.
5 (d) A person entitled to protection under an
6 out-of-state order of protection, as provided in subsection
7 (a) of this Section, may file a petition to register the
8 out-of-state order with the clerk of any circuit court of
9 this State. A certified copy of the out-of-state order of
10 protection shall be attached to the petition. The petition
11 shall set forth the date of the entry of the out-of-state
12 order of protection and a record of any subsequent orders
13 affecting the out-of-state order of protection, and shall
14 state that to the best of the petitioner's knowledge, the
15 order filed with the petition is in effect. Upon the filing
16 of a verified petition, the court may issue an order giving
17 full faith and credit to the out-of-state order of protection
18 throughout the State; provide a file stamped copy of the
19 order to the petitioner; and file a copy of the order with
20 the sheriff. The order shall be forwarded by the sheriff to
21 the Department of State Police and entered in the Law
22 Enforcement Automated Data System and enforced in the same
23 manner as an order of protection issued under this Act;
24 provided, however, that, service of the order on the
25 respondent shall not be required under 18 U.S.C. 2265.
26 There shall be no fee to register an out-of-state order of
27 protection.
28 (e) Neither residence in this State nor registration of
29 an out-of-state order of protection, that is consistent with
30 subsection (b) of this Section, shall be required for
31 enforcement of the order by this State and failure to
32 register shall not be an impediment to its enforcement.
33 Section 10. The Illinois Domestic Violence Act of 1986
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1 is amended by adding Article V as follows:
2 (750 ILCS 60/Art. V. heading new)
3 ARTICLE V. OUT-OF-STATE ORDERS OF PROTECTION
4 (750 ILCS 60/501 new)
5 Sec. 501. Out-of-state orders of protection; full, faith
6 and credit; registration.
7 (a) Any order of protection, issued, that is consistent
8 with subsection (b) of this Section by a court of competent
9 jurisdiction of any other state or Indian tribe shall be
10 given full faith and credit throughout this State and
11 enforced as if it were issued in this State.
12 (b) An order of protection is consistent with this
13 subsection, if:
14 (1) Reasonable notice and opportunity to be heard
15 was given to the person against whom the order is sought
16 sufficient to protect that person's right to due process.
17 (2) In the case of ex parte orders, notice and
18 opportunity to be heard must be provided within the time
19 required by state or tribal law and, in any event, within
20 a reasonable time after the order is issued, sufficient
21 to protect the respondent's due process rights.
22 (c) An order of protection issued by a state or tribal
23 court against one who has petitioned, filed a complaint, or
24 otherwise filed a written pleading for protection against
25 abuse by a spouse or intimate partner is not entitled to full
26 faith and credit if:
27 (1) No cross or counter petition, complaint, or
28 other written pleading was filed seeking an order of
29 protection; or
30 (2) A person entitled to protection under an
31 out-of-state order of protection, as provided in
32 subsection (a) of this Section, may file a petition to
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1 register the out-of-state order with the clerk of any
2 circuit court of this State. A certified copy of the
3 out-of-state order of protection shall be attached to the
4 petition. The petition shall set forth the date of the
5 entry of the out-of-state order of protection and a
6 record of any subsequent orders affecting the
7 out-of-state order of protection, and shall state that to
8 the best of the petitioner's knowledge, the order filed
9 with the petition is in effect. Upon the filing of a
10 verified petition, the court may issue an order giving
11 full faith and credit to the out-of-state order of
12 protection throughout the State; provide a file stamped
13 copy of the order to the petitioner; and file a copy of
14 the order with the sheriff. The order shall be forwarded
15 by the sheriff to the Department of State Police and
16 entered in the Law Enforcement Automated Data System and
17 enforced in the same manner as an order of protection
18 issued under this Act; provided, however, that, service
19 of the order on the respondent shall not be required
20 under 18 U.S.C. 2265. There shall be no fee to register
21 an out-of-state order of protection.
22 (d) Neither residence in this State nor registration of
23 an out-of-state order of protection, that is consistent with
24 subsection (b) of this Section, shall be required for
25 enforcement of the order by this State and failure to
26 register shall not be an impediment to its enforcement.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.