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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3493 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
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750 ILCS 60/217 | from Ch. 40, par. 2312-17 |
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Amends the Illinois Domestic Violence Act of 1986. Provides that the court shall not issue a warrant for the seizure of any firearm in the possession of a respondent upon an emergency order of protection unless specified procedural requirements are met.
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| | A BILL FOR |
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| 1 | | AN ACT concerning domestic violence.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is |
| 5 | | amended by changing Section 217 as follows:
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| 6 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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| 7 | | Sec. 217. Emergency order of protection.
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| 8 | | (a) Prerequisites. An emergency order of protection shall |
| 9 | | issue if
petitioner satisfies the requirements of this |
| 10 | | subsection for one or more of the
requested remedies. For each |
| 11 | | remedy requested, petitioner shall establish
that:
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| 12 | | (1) The court has jurisdiction under Section 208;
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| 13 | | (2) The requirements of Section 214 are satisfied; and
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| 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:
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| 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
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| 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;
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| 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.
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| 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
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| 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
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| 7 | | petitioner has an immediate and pressing need for |
| 8 | | possession of that property.
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| 9 | | An emergency order may not include the counseling, legal |
| 10 | | custody, payment
of support or monetary compensation remedies. |
| 11 | | The court shall not issue a warrant for the seizure of any |
| 12 | | firearm in the possession of a respondent upon an emergency |
| 13 | | order of protection unless the requirements of subdivision |
| 14 | | (b)(14.5)(a)(1) of Section 214 of this Act are met.
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| 15 | | (b) Appearance by respondent.
If respondent appears in |
| 16 | | court for this hearing for an emergency order,
he or she may |
| 17 | | elect to file a general appearance and testify.
Any resulting |
| 18 | | order may be an emergency order, governed
by this Section.
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| 19 | | Notwithstanding the requirements of this Section, if all |
| 20 | | requirements of
Section 218 have been met, the court may issue |
| 21 | | a 30-day interim order.
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| 22 | | (c) Emergency orders: court holidays and evenings.
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| 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
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| 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.
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| 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.
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| 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.
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| 25 | | Failure to comply with the requirements of this subsection |
| 26 | | shall not
affect the validity of the order.
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