90th General Assembly
Summary of HB1589
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House Sponsors:
MCKEON-KRAUSE-MOORE,ANDREA-JONES,LOU-RONEN, CROTTY, 
   GIGLIO, BRADFORD, ACEVEDO, SCULLY, FRITCHEY, CURRY,JULIE, 
   DAVIS,STEVE, BOLAND, GASH, SCHOENBERG, ERWIN, SILVA AND SLONE.

Senate Sponsors:
FARLEY-VIVERITO-LINK-CLAYBORNE

Short description: 
DOMESTC VIOLNCE-EMERGNCY ORDER                                             

Synopsis of Bill as introduced:
        Amends the Domestic Violence Act  of  1986.   Provides  that  the      
   presiding judge of the circuit court in each county shall designate at      
   least one judge to be reasonably available to issue a 21-day emergency      
   order  of  protection  at  all  times,  whether or not the court is in      
   session and that if a person against whom an order  of  protection  is      
   obtained  is  arrested,  that person shall be served with the order in      
   accordance with provisions on service of the order before he or she is      
   released from custody.                                                      
          FISCAL NOTE (Administrative Office of Ill. Courts)                   
          There may be additional costs for both State and local gov't.        
          which cannot be determined.                                          
          JUDICIAL NOTE                                                        
          There may be an increase in judicial workloads; impact on the        
          need for the number of judges cannot be determined.                  
          STATE MANDATES FISCAL NOTE                                           
          In the opinion of DCCA, HB1589 fails to create a State mandate       
          under the State Mandates Act.                                        
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          750 ILCS 60/302                 from Ch. 40, par. 2313-2             
          725 ILCS 5/112A-22              from Ch. 38, par. 112A-22            
          725 ILCS 5/112A-28              from Ch. 38, par. 112A-28            
        Deletes everything.  Amends the Domestic Violence Act of 1986 and      
   the Code of Criminal Procedure of 1963.  Provides that the chief judge      
   of the circuit court shall designate for each county in the circuit at      
   least one judge to be reasonably available to issue a 21-day emergency      
   order of protection at all times.  Provides that if the person against      
   whom the order of protection is issued when the court  is  unavailable      
   at  the close of business is arrested that person shall be served with      
   the order before he or she is released from custody.  Makes  provision      
   for  the  clerk  to certify the order and provide it to the Sheriff on      
   the next court day.  Provides that in these circumstances the order of      
   protection shall be entered in  the  Law  Enforcement  Automated  Data      
   System within 24 hours of receipt of the order by the Sheriff from the      
   clerk. Makes other changes.                                                 
        SENATE AMENDMENT NO. 1.                                                
        Changes the title.  Provides that the chief judge of the  circuit      
   court may, rather than shall, designate for each county in the circuit      
   at  least  one  judge  to  be  reasonably  available to issue a 21-day      
   emergency order of protection at all  times.   Provides  that  for  an      
   emergency  order of protection entered on court holidays and after the      
   close of court business the order of protection shall  be  entered  in      
   the  Law  Enforcement Automated Data System as soon as possible after,      
   rather than within 24 hours of, receipt of the order  by  the  Sheriff      
   from the clerk.                                                             
 
Last action on Bill: PUBLIC ACT.............................. 90-0392

   Last action date: 97-08-15

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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