[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_HB4047
LRB9111461STcs
1 AN ACT to amend the Elder Abuse and Neglect Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Elder Abuse and Neglect Act is amended by
5 adding Sections 9.5 and 13.5 as follows:
6 (320 ILCS 20/9.5 new)
7 Sec. 9.5. Commencement of action for ex parte
8 authorization orders; filing fees; process.
9 (a) Actions for ex parte authorization orders are
10 commenced:
11 (1) independently, by filing a petition for an ex
12 parte authorization order in the circuit court;
13 (2) in conjunction with other civil proceedings, by
14 filing a petition for an ex parte authorization order
15 under the same case number as a guardianship proceeding
16 under the Probate Act of 1975 where the eligible adult is
17 the alleged disabled adult.
18 (b) No fee shall be charged by the clerk for filing
19 petitions or certifying orders. No fee shall be charged by a
20 sheriff for service by the sheriff of a petition, rule,
21 motion, or order in an action commenced under this Section.
22 (c) Any action for an ex parte authorization order
23 commenced independently is a distinct cause of action and
24 requires that a separate summons be issued and served.
25 Service of summons is not required prior to entry of
26 emergency ex parte authorization orders.
27 (d) Summons may be served by a private person over 18
28 years of age and not a party to the action. The return by
29 that private person shall be by affidavit. The summons may be
30 served by a sheriff or other law enforcement officer, and if
31 summons is placed for service by the sheriff, it shall be
-2- LRB9111461STcs
1 made at the earliest time practicable and shall take
2 precedence over other summonses except those of a similar
3 emergency nature.
4 (320 ILCS 20/13.5 new)
5 Sec. 13.5. Commencement of action for access; filing
6 fees; process; notice; duration of orders.
7 (a) Actions for orders seeking access to an eligible
8 adult or freezing assets of an eligible adult are commenced:
9 (1) independently, by filing a petition for access
10 to an eligible adult or freezing the assets of an
11 eligible adult in the circuit court;
12 (2) in conjunction with other civil proceedings, by
13 filing a petition for access to an eligible adult or
14 freezing the assets of an eligible adult under the same
15 case number as another civil proceeding involving the
16 parties, including, but not limited to:
17 (i) a guardianship proceeding under the Probate
18 Act of 1975;
19 (ii) a proceeding for involuntary commitment
20 under the Mental Health and Developmental
21 Disabilities Code; (iii) any other proceeding,
22 provided that the eligible adult or the respondent
23 is a party to or the subject of that proceeding.
24 (b) No fee shall be charged by the clerk for filing
25 petitions or certifying orders. No fee shall be charged by a
26 sheriff for service by the sheriff of such a petition, rule,
27 motion, or order in an action commenced under this Section.
28 (c) Any action for an order for access to an eligible
29 adult or freezing assets of an eligible adult, whether
30 commenced independently or in conjunction with another
31 proceeding, is a distinct cause of action and requires that a
32 separate summons be issued and served, except that in pending
33 cases the following methods may be used:
-3- LRB9111461STcs
1 (1) Delivery of the summons to respondent personally
2 in open court in pending civil or criminal cases.
3 (2) Mailing to the defendant, or, if represented, to
4 the defendants attorney of record in the civil cases in
5 which the defendant has filed a general appearance. The
6 summons shall be in the form prescribed by subsection (d)
7 of Supreme Court Rule 101, except that it shall require
8 the respondent to answer or appear within 7 days.
9 Attachments to the summons or notice shall include the
10 petition for access to an eligible adult or freezing
11 assets of an eligible adult and supporting affidavits, if
12 any, and any emergency order for access to an eligible
13 adult or freezing assets of an eligible adult that has
14 been issued.
15 (d) Summons may be served by a private person over 18
16 years of age and not a party to the action. The return by
17 that private person shall be by affidavit. The summons may be
18 served by a sheriff or other law enforcement officer, and if
19 summons is placed for service by the sheriff, it shall be
20 made at the earliest time practicable and shall take
21 precedence over other summonses except those of a similar
22 emergency nature.
23 (e) Except as otherwise provided in this Section, notice
24 of hearings on petitions or motions shall be served in
25 accordance with Supreme Court Rules 11 and 12 unless notice
26 is excused by the Code of Civil Procedure, Supreme Court
27 Rules, or local rules, as now or hereafter amended.
28 (f) Original notice of a hearing on a petition for access
29 to an eligible adult or freezing assets of an eligible adult
30 may be given, and the documents served, in accordance with
31 Supreme Court Rules 11 and 12. When, however, an emergency
32 order is sought in such a case on an ex parte application,
33 the notice rules set forth in Section 11-101 of the Code of
34 Civil Procedure shall apply.
-4- LRB9111461STcs
1 (g) An order entered in accordance with Sections 13 and
2 13.5 shall be valid for a fixed period of time, not to exceed
3 2 years.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.