HB3493 EngrossedLRB099 06988 HEP 31657 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 Illinois Domestic Violence Act of 1986 is 
5amended by changing Section 217 as follows:




6 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)


7 Sec. 217. Emergency order of protection. 

8 (a) Prerequisites. An emergency order of protection shall 
9issue if
petitioner satisfies the requirements of this 
10subsection for one or more of the
requested remedies. For each 
11remedy requested, petitioner shall establish
that:


12  (1) The court has jurisdiction under Section 208;


13  (2) The requirements of Section 214 are satisfied; and


14  (3) There is good cause to grant the remedy, regardless 
15 of prior service
of process or of notice upon the 
16 respondent, because:


17   (i) For
the remedies of "prohibition of abuse" 
18 described in
Section 214(b)(1), "stay away order and 
19 additional prohibitions" described in
Section

20 214(b)(3), "removal or concealment of minor child" 
21 described in Section
214(b)(8), "order to appear" 
22 described in Section 214(b)(9), "physical
care and 
23 possession of the minor child" described in Section 
 
 
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1 214(b)(5),
"protection of property" described in 
2 Section 214(b)(11), "prohibition
of entry" described 
3 in Section 214(b)(14), "prohibition of firearm 
4 possession" described in Section 214(b)(14.5), 
5 "prohibition of access to
records" described in 
6 Section 214(b)(15), and "injunctive relief"
described 
7 in Section 214(b)(16), the harm which that remedy
is 
8 intended to prevent would be likely to occur if the 
9 respondent were given
any prior notice, or greater 
10 notice than was actually given, of the
petitioner's 
11 efforts to obtain judicial relief;


12   (ii) For the remedy of "grant of exclusive 
13 possession of
residence" described in Section 
14 214(b)(2), the immediate danger of further
abuse of 
15 petitioner by respondent,
if petitioner chooses or had 
16 chosen to remain in the residence or household
while 
17 respondent was given any prior notice or greater notice 
18 than was
actually given of petitioner's efforts to 
19 obtain judicial relief,
outweighs the hardships to 
20 respondent of an emergency order
granting petitioner 
21 exclusive possession of the residence or household.

22 This remedy shall not be denied because petitioner has 
23 or could obtain
temporary shelter elsewhere while 
24 prior notice is given to respondent, unless
the

25 hardships to respondent from exclusion from the home 
26 substantially outweigh
those to petitioner;


 
 
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1   (iii) For the remedy of "possession of personal 
2 property"
described in
Section 214(b)(10), improper 
3 disposition of the personal
property would be likely
to 
4 occur if respondent were given any prior notice, or 
5 greater notice than
was actually given, of 
6 petitioner's efforts to obtain judicial relief, or

7 petitioner has an immediate and pressing need for 
8 possession of that property.

9 An emergency order may not include the counseling, legal 
10custody, payment
of support or monetary compensation remedies. 
11The court shall not issue a warrant for the seizure of any 
12firearm in the possession of a respondent upon an emergency 
13order of protection unless the requirements of subdivision 
14(b)(14.5)(a)(1) of Section 214 of this Act are met.

15 (b) Appearance by respondent.
If respondent appears in 
16court for this hearing for an emergency order,
he or she may 
17elect to file a general appearance and testify.
Any resulting 
18order may be an emergency order, governed
by this Section.

19Notwithstanding the requirements of this Section, if all 
20requirements of
Section 218 have been met, the court may issue 
21a 30-day interim order.

22 (c) Emergency orders: court holidays and evenings.


23  (1) Prerequisites. When the court is unavailable at the 
24 close of
business, the petitioner may file a petition for a 
25 21-day emergency order
before any available circuit judge 
26 or associate judge who may grant relief
under this Act. If 
 
 
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1 the judge finds that there is an immediate and present

2 danger of abuse to petitioner and that petitioner has 
3 satisfied the
prerequisites set forth in subsection (a) of 
4 Section 217, that judge may
issue an emergency order of 
5 protection.


6  (1.5) Issuance of order. The chief judge of the circuit 
7 court
may designate for each county in the circuit at least 
8 one judge to be
reasonably available to
issue orally, by 
9 telephone, by facsimile, or otherwise, an emergency
order 
10 of protection at all times, whether or not the court is in 
11 session.


12  (2) Certification and transfer. The judge who issued 
13 the order under this Section shall promptly communicate or 
14 convey the order to the sheriff to facilitate the entry of 
15 the order into the Law Enforcement Agencies Data System by 
16 the Department of State Police pursuant to Section 302. Any 
17 order issued under this Section and
any documentation in 
18 support thereof shall be certified on the next court
day to 
19 the appropriate court. The clerk of that court shall 
20 immediately
assign a case number, file the petition, order 
21 and other documents with the
court, and enter the order of 
22 record and file it with the sheriff for
service, in 
23 accordance with Section 222. Filing the petition
shall 
24 commence proceedings for further relief under Section 202.

25 Failure to comply with the requirements of this subsection 
26 shall not
affect the validity of the order.

 
 
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1(Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)