Public Act 100-0597

SB0558 Enrolled LRB100 04867 SLF 14877 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is

amended by changing Sections 112A-1.5, 112A-2.5, 112A-3,

112A-4.5, 112A-5, 112A-5.5, 112A-8, 112A-11.5, 112A-12,

112A-14, 112A-16, 112A-20, 112A-21, 112A-22, 112A-22.3,

112A-23, 112A-24, 112A-26, and 112A-28 and by adding Sections

112A-6.1, 112A-17.5, and 112A-22.1 as follows:

(725 ILCS 5/112A-1.5)

Sec. 112A-1.5. Purpose and construction. The purpose of

this Article is to protect the safety of victims of domestic

violence, sexual assault, sexual abuse, and stalking and the

safety of their family and household members; and to minimize

the trauma and inconvenience associated with attending

separate and multiple civil court proceedings to obtain

protective orders. This Article shall be interpreted in

accordance with the constitutional rights of crime victims set

forth in Article I, Section 8.1 of the Illinois Constitution,

the purposes set forth in Section 2 of the Rights of Crime

Victims and Witnesses Act, and the use of protective orders to

implement the victim's right to be reasonably protected from

the defendant as provided in Section 4.5 of the Rights of

Victims and Witnesses Act.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-2.5)

Sec. 112A-2.5. Types of protective orders. The following

protective orders may be entered in conjunction with a

delinquency petition or a criminal prosecution:

(1) a domestic violence an order of protection in cases

involving domestic violence;

(2) a civil no contact order in cases involving sexual

offenses; or

(3) a stalking no contact order in cases involving

stalking offenses.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)

Sec. 112A-3. Definitions.

(a) In For the purposes of this Article: ,

"Advocate" means a person whose communications with the

victim are privileged under Section 8-802.1 or 8-802.2 of the

Code of Civil Procedure or Section 227 of the Illinois Domestic

Violence Act of 1986.

"Named victim" means the person named as the victim in the

delinquency petition or criminal prosecution.

"Protective order" "protective order" means a domestic

violence order of protection, a civil no contact order, or a

stalking no contact order.

(b) For the purposes of domestic violence cases, the

following terms shall have the following meanings in this

Article:

(1) "Abuse" means physical abuse, harassment,

intimidation of a dependent, interference with personal

liberty or willful deprivation but does not include

reasonable direction of a minor child by a parent or person

in loco parentis.

(2) "Domestic violence" means abuse as described in

paragraph (1) of this subsection (b).

(3) "Family or household members" include spouses,

former spouses, parents, children, stepchildren, and other

persons related by blood or by present or prior marriage,

persons who share or formerly shared a common dwelling,

persons who have or allegedly have a child in common,

persons who share or allegedly share a blood relationship

through a child, persons who have or have had a dating or

engagement relationship, persons with disabilities and

their personal assistants, and caregivers as defined in

subsection (e) of Section 12-4.4a of the Criminal Code of

2012. For purposes of this paragraph (3), neither a casual

acquaintanceship nor ordinary fraternization between 2

individuals in business or social contexts shall be deemed

to constitute a dating relationship.

(4) "Harassment" means knowing conduct which is not

necessary to accomplish a purpose which is reasonable under

the circumstances; would cause a reasonable person

emotional distress; and does cause emotional distress to

the petitioner. Unless the presumption is rebutted by a

preponderance of the evidence, the following types of

conduct shall be presumed to cause emotional distress:

(i) creating a disturbance at petitioner's place

of employment or school;

(ii) repeatedly telephoning petitioner's place of

employment, home or residence;

(iii) repeatedly following petitioner about in a

public place or places;

(iv) repeatedly keeping petitioner under

surveillance by remaining present outside his or her

home, school, place of employment, vehicle or other

place occupied by petitioner or by peering in

petitioner's windows;

(v) improperly concealing a minor child from

petitioner, repeatedly threatening to improperly

remove a minor child of petitioner's from the

jurisdiction or from the physical care of petitioner,

repeatedly threatening to conceal a minor child from

petitioner, or making a single such threat following an

actual or attempted improper removal or concealment,

unless respondent was fleeing from an incident or

pattern of domestic violence; or

(vi) threatening physical force, confinement or

restraint on one or more occasions.

(5) "Interference with personal liberty" means

committing or threatening physical abuse, harassment,

intimidation or willful deprivation so as to compel another

to engage in conduct from which she or he has a right to

abstain or to refrain from conduct in which she or he has a

right to engage.

(6) "Intimidation of a dependent" means subjecting a

person who is dependent because of age, health, or

disability to participation in or the witnessing of:

physical force against another or physical confinement or

restraint of another which constitutes physical abuse as

defined in this Article, regardless of whether the abused

person is a family or household member.

(7) "Order of protection" or "domestic violence order

of protection" means an ex parte or final order, granted

pursuant to this Article, which includes any or all of the

remedies authorized by Section 112A-14 of this Code.

(8) "Petitioner" may mean not only any named petitioner

for the domestic violence order of protection and any named

victim of abuse on whose behalf the petition is brought,

but also any other person protected by this Article.

(9) "Physical abuse" includes sexual abuse and means

any of the following:

(i) knowing or reckless use of physical force,

confinement or restraint;

(ii) knowing, repeated and unnecessary sleep

deprivation; or

(iii) knowing or reckless conduct which creates an

immediate risk of physical harm.

(9.3) "Respondent" in a petition for a domestic

violence an order of protection means the defendant.

(9.5) "Stay away" means for the respondent to refrain

from both physical presence and nonphysical contact with

the petitioner whether direct, indirect (including, but

not limited to, telephone calls, mail, email, faxes, and

written notes), or through third parties who may or may not

know about the domestic violence order of protection.

(10) "Willful deprivation" means wilfully denying a

person who because of age, health or disability requires

medication, medical care, shelter, accessible shelter or

services, food, therapeutic device, or other physical

assistance, and thereby exposing that person to the risk of

physical, mental or emotional harm, except with regard to

medical care and treatment when such dependent person has

expressed the intent to forgo such medical care or

treatment. This paragraph (10) does not create any new

affirmative duty to provide support to dependent persons.

(c) For the purposes of cases involving sexual offenses,

the following terms shall have the following meanings in this

Article:

(1) "Civil no contact order" means an ex parte or final

order granted under this Article, which includes a remedy

authorized by Section 112A-14.5 of this Code.

(2) "Family or household members" include spouses,

parents, children, stepchildren, and persons who share a

common dwelling.

(3) "Non-consensual" means a lack of freely given

agreement.

(4) "Petitioner" means not only any named petitioner

for the civil no contact order and any named victim of

non-consensual sexual conduct or non-consensual sexual

penetration on whose behalf the petition is brought, but

includes any other person sought to be protected under this

Article.

(5) "Respondent" in a petition for a civil no contact

order means the defendant.

(6) "Sexual conduct" means any intentional or knowing

touching or fondling by the petitioner or the respondent,

either directly or through clothing, of the sex organs,

anus, or breast of the petitioner or the respondent, or any

part of the body of a child under 13 years of age, or any

transfer or transmission of semen by the respondent upon

any part of the clothed or unclothed body of the

petitioner, for the purpose of sexual gratification or

arousal of the petitioner or the respondent.

(7) "Sexual penetration" means any contact, however

slight, between the sex organ or anus of one person by an

object, the sex organ, mouth or anus of another person, or

any intrusion, however slight, of any part of the body of

one person or of any animal or object into the sex organ or

anus of another person, including, but not limited to,

cunnilingus, fellatio, or anal penetration. Evidence of

emission of semen is not required to prove sexual

penetration.

(8) "Stay away" means to refrain from both physical

presence and nonphysical contact with the petitioner

directly, indirectly, or through third parties who may or

may not know of the order. "Nonphysical contact" includes,

but is not limited to, telephone calls, mail, e-mail, fax,

and written notes.

(d) For the purposes of cases involving stalking offenses,

the following terms shall have the following meanings in this

Article:

(1) "Course of conduct" means 2 or more acts,

including, but not limited to, acts in which a respondent

directly, indirectly, or through third parties, by any

action, method, device, or means follows, monitors,

observes, surveils, threatens, or communicates to or

about, a person, engages in other contact, or interferes

with or damages a person's property or pet. A course of

conduct may include contact via electronic communications.

The incarceration of a person in a penal institution who

commits the course of conduct is not a bar to prosecution.

(2) "Emotional distress" means significant mental

suffering, anxiety, or alarm.

(3) "Contact" includes any contact with the victim,

that is initiated or continued without the victim's

consent, or that is in disregard of the victim's expressed

desire that the contact be avoided or discontinued,

including, but not limited to, being in the physical

presence of the victim; appearing within the sight of the

victim; approaching or confronting the victim in a public

place or on private property; appearing at the workplace or

residence of the victim; entering onto or remaining on

property owned, leased, or occupied by the victim; or

placing an object on, or delivering an object to, property

owned, leased, or occupied by the victim.

(4) "Petitioner" means any named petitioner for the

stalking no contact order or any named victim of stalking

on whose behalf the petition is brought.

(5) "Reasonable person" means a person in the

petitioner's circumstances with the petitioner's knowledge

of the respondent and the respondent's prior acts.

(6) "Respondent" in a petition for a civil no contact

order means the defendant.

(7) "Stalking" means engaging in a course of conduct

directed at a specific person, and he or she knows or

should know that this course of conduct would cause a

reasonable person to fear for his or her safety or the

safety of a third person or suffer emotional distress.

"Stalking" does not include an exercise of the right to

free speech or assembly that is otherwise lawful or

picketing occurring at the workplace that is otherwise

lawful and arises out of a bona fide labor dispute,

including any controversy concerning wages, salaries,

hours, working conditions or benefits, including health

and welfare, sick leave, insurance, and pension or

retirement provisions, the making or maintaining of

collective bargaining agreements, and the terms to be

included in those agreements.

(8) "Stalking no contact order" means an ex parte or

final order granted under this Article, which includes a

remedy authorized by Section 112A-14.7 of this Code.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-4.5)

Sec. 112A-4.5. Who may file petition.

(a) A petition for a domestic violence an order of

protection may be filed:

(1) by a named victim person who has been abused by a

family or household member; or

(2) by any person or by the State's Attorney on behalf

of a named victim who is a minor child or an adult who has

been abused by a family or household member and who,

because of age, health, disability, or inaccessibility,

cannot file the petition; or .

(3) by a State's Attorney on behalf of any minor child

or dependent adult in the care of the named victim, if the

named victim does not file a petition or request the

State's Attorney file the petition.

(b) A petition for a civil no contact order may be filed:

(1) by any person who is a named victim of

non-consensual sexual conduct or non-consensual sexual

penetration, including a single incident of non-consensual

sexual conduct or non-consensual sexual penetration; or

(2) by a person or by the State's Attorney on behalf of

a named victim who is a minor child or an adult who is a

victim of non-consensual sexual conduct or non-consensual

sexual penetration but, because of age, disability,

health, or inaccessibility, cannot file the petition; or .

(3) by a State's Attorney on behalf of any minor child

who is a family or household member of the named victim, if

the named victim does not file a petition or request the

State's Attorney file the petition.

(c) A petition for a stalking no contact order may be

filed:

(1) by any person who is a named victim of stalking; or

(2) by a person or by the State's Attorney on behalf of

a named victim who is a minor child or an adult who is a

victim of stalking but, because of age, disability, health,

or inaccessibility, cannot file the petition; or .

(3) by a State's Attorney on behalf of any minor child

who is a family or household member of the named victim, if

the named victim does not file a petition or request the

State's Attorney file the petition.

(d) The State's Attorney shall file a petition on behalf of

on any person who may file a petition under subsections (a),

(b), or (c) of this Section if the person requests the State's

Attorney to file a petition on the person's behalf, unless the

State's Attorney has a good faith basis to delay filing the

petition. The State's Attorney shall inform the person that the

State's Attorney will not be filing the petition at that time

and that the person may file a petition or may retain an

attorney to file the petition. The State's Attorney may file

the petition at a later date.

(d-5) (1) A person eligible to file a petition under

subsection (a), (b), or (c) of this Section may retain an

attorney to represent the petitioner on the petitioner's

request for a protective order. The attorney's representation

is limited to matters related to the petition and relief

authorized under this Article.

(2) Advocates shall be allowed to accompany the

petitioner and confer with the victim, unless otherwise

directed by the court. Advocates are not engaged in the

unauthorized practice of law when providing assistance to

the petitioner.

(e) Any petition properly filed under this Article may seek

protection for any additional persons protected by this

Article.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)

Sec. 112A-5. Pleading; non-disclosure of address.

(a) A petition for a protective order shall be filed in

conjunction with a delinquency petition or criminal

prosecution, or in conjunction with imprisonment or a bond

forfeiture warrant, provided the petition names a victim of the

alleged crime. The petition may include a request for an ex

parte protective order, a final protective order, or both. The

petition shall be in writing and verified or accompanied by

affidavit and shall allege that:

(1) petitioner has been abused by respondent, who is a

family or household member;

(2) respondent has engaged in non-consensual sexual

conduct or non-consensual sexual penetration, including a

single incident of non-consensual sexual conduct or

non-consensual sexual penetration with petitioner; or

(3) petitioner has been stalked by respondent.

The petition shall further set forth whether there is any

other action between the petitioner and respondent. During the

pendency of this proceeding, the petitioner and respondent have

a continuing duty to inform the court of any subsequent

proceeding for a protective order in this State or any other

state.

(a-5) The petition shall indicate whether an ex parte

protective order, a protective order, or both are requested. If

the respondent receives notice of a petition for a final

protective order and the respondent requests a continuance to

respond to the petition, the petitioner may, either orally or

in writing, request an ex parte order. petitioner has been

abused by respondent, who is a family or household member. The

petition shall further set forth whether there is any other

action between the petitioner and respondent.

(b) The petitioner shall not be required to disclose the

petitioner's address. If the petition states that disclosure of

petitioner's address would risk abuse to or endanger the safety

of petitioner or any member of petitioner's family or household

or reveal the confidential address of a shelter for domestic

violence victims, that address may be omitted from all

documents filed with the court.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-5.5)

Sec. 112A-5.5. Time for filing petition; service on

respondent, hearing on petition, and default orders.

(a) A petition for a protective order may be filed at any

time after a criminal charge or delinquency petition is filed

and before the charge or delinquency petition is dismissed, the

defendant or juvenile is acquitted, or the defendant or

juvenile completes service of his or her sentence. The petition

can be considered at any court proceeding in the delinquency or

criminal case at which the defendant is present. The court may

schedule a separate court proceeding to consider the petition.

(b) The request for an ex parte protective order may be

considered without notice to the respondent under Section

112A-17.5 of this Code.

(c) A summons shall be issued and served for a protective

order. The summons may be served by delivery to the respondent

personally in open court in the criminal or juvenile

delinquency proceeding, in the form prescribed by subsection

(d) of Supreme Court Rule 101, except that it shall require

respondent to answer or appear within 7 days. Attachments to

the summons shall include the petition for protective order,

supporting affidavits, if any, and any ex parte protective

order that has been issued.

(d) The summons shall be served by the sheriff or other law

enforcement officer at the earliest time available and shall

take precedence over any other summons, except those of a

similar emergency nature. Attachments to the summons shall

include the petition for protective order, supporting

affidavits, if any, and any ex parte protective order that has

been issued. Special process servers may be appointed at any

time and their designation shall not affect the

responsibilities and authority of the sheriff or other official

process servers. In a county with a population over 3,000,000,

a special process server may not be appointed if the protective

order grants the surrender of a child, the surrender of a

firearm or Firearm Owner's Identification Card, or the

exclusive possession of a shared residence.

(e) If the respondent is not served within 30 days of the

filing of the petition, the court shall schedule a court

proceeding on the issue of service. Either the petitioner, the

petitioner's counsel, or the State's Attorney shall appear and

the court shall either order continued attempts at personal

service or shall order service by publication, in accordance

with Sections 2-203, 2-206, and 2-207 of the Code of Civil

Procedure.

(f) The request for a final protective order can be

considered at any court proceeding in the delinquency or

criminal case after service of the petition. If the petitioner

has not been provided notice of the court proceeding at least

10 days in advance of the proceeding, the court shall schedule

a hearing on the petition and provide notice to the petitioner.

(g) Default orders.

(1) A final domestic violence order of protection may

be entered by default:

(A) for any of the remedies sought in the petition,

if respondent has been served with documents under

subsection (b) or (c) of this Section and if respondent

fails to appear on the specified return date or any

subsequent hearing date agreed to by the petitioner and

respondent or set by the court; or

(B) for any of the remedies provided under

paragraph (1), (2), (3), (5), (6), (7), (8), (9), (10),

(11), (14), (15), (17), or (18) of subsection (b) of

Section 112A-14 of this Code, or if the respondent

fails to answer or appear in accordance with the date

set in the publication notice or the return date

indicated on the service of a household member.

(2) A final civil no contact order may be entered by

default for any of the remedies provided in Section

112A-14.5 of this Code, if respondent has been served with

documents under subsection (b) or (c) of this Section, and

if the respondent fails to answer or appear in accordance

with the date set in the publication notice or the return

date indicated on the service of a household member.

(3) A final stalking no contact order may be entered by

default for any of the remedies provided by Section

112A-14.7 of this Code, if respondent has been served with

documents under subsection (b) or (c) of this Section and

if the respondent fails to answer or appear in accordance

with the date set in the publication notice or the return

date indicated on the service of a household member.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-6.1 new)

Sec. 112A-6.1. Application of rules of civil procedure;

criminal law.

(a) Any proceeding to obtain, modify, re-open, or appeal a

protective order and service of pleadings and notices shall be

governed by the rules of civil procedure of this State. The

Code of Civil Procedure and Supreme Court and local court rules

applicable to civil proceedings shall apply, except as

otherwise provided by law. Civil law on venue, discovery, and

penalties for untrue statements shall not apply to protective

order proceedings heard under this Article.

(b) Criminal law on discovery, venue, and penalties for

untrue statements apply to protective order proceedings under

this Article.

(c) Court proceedings related to the entry of a protective

order and the determination of remedies shall not be used to

obtain discovery that would not otherwise be available in a

criminal prosecution or juvenile delinquency case.

(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)

Sec. 112A-8. Subject matter jurisdiction. Each of the

circuit courts shall have the power to issue protective orders

of protection.

(Source: P.A. 84-1305.)

(725 ILCS 5/112A-11.5)

Sec. 112A-11.5. Issuance of protective order.

(a) Except as provided in subsection (a-5) of this Section,

the The court shall grant the petition and enter a protective

order if the court finds prima facie evidence that a crime

involving domestic violence, a sexual offense, or a crime

involving stalking has been committed. The following shall be

considered prima facie evidence of the crime:

(1) an information, complaint, indictment, or

delinquency petition, charging a crime of domestic

violence, a sexual offense, or stalking or charging an

attempt to commit a crime of domestic violence, a sexual

offense, or stalking; or

(2) an adjudication of delinquency, a finding of guilt

based upon a plea, or a finding of guilt after a trial for

a crime of domestic battery, a sexual crime, or stalking or

an attempt to commit a crime of domestic violence, a sexual

offense, or stalking;

(3) any dispositional order issued under Section 5-710

of the Juvenile Court Act of 1987, the imposition of

supervision, conditional discharge, probation, periodic

imprisonment, parole, aftercare release, or mandatory

supervised release for a crime of domestic violence, a

sexual offense, or stalking or an attempt to commit a crime

of domestic violence, a sexual offense, or stalking, or

imprisonment in conjunction with a bond forfeiture

warrant; or

(4) the entry of a protective order in a separate civil

case brought by the petitioner against the respondent.

(a-5) The respondent may rebut prima facie evidence of the

crime under paragraph (1) of subsection (a) of this Section by

presenting evidence of a meritorious defense. The respondent

shall file a written notice alleging a meritorious defense

which shall be verified and supported by affidavit. The

verified notice and affidavit shall set forth the evidence that

will be presented at a hearing. If the court finds that the

evidence presented at the hearing establishes a meritorious

defense by a preponderance of the evidence, the court may

decide not to issue a protective order.

(b) The petitioner shall not be denied a protective order

because the petitioner or the respondent is a minor.

(c) The court, when determining whether or not to issue a

protective order, may not require physical injury on the person

of the victim.

(d) If the court issues a final protective order under this

Section, the court shall afford the petitioner and respondent

an opportunity to be heard on the remedies requested in the

petition.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)

Sec. 112A-12. Transfer of issues not decided in cases

involving domestic violence.

(a) (Blank).

(a-5) A petition for a domestic violence order of

protection shall be treated as an expedited proceeding, and no

court shall transfer or otherwise decline to decide all or part

of the petition, except as otherwise provided in this Section.

Nothing in this Section shall prevent the court from reserving

issues when jurisdiction or notice requirements are not met.

(b) A criminal court may decline to decide contested issues

of physical care and possession of a minor child, temporary

allocation of parental responsibilities or significant

decision-making responsibility, parenting time, custody,

visitation, or family support, unless a decision on one or more

of those contested issues is necessary to avoid the risk of

abuse, neglect, removal from the State, state or concealment

within the State state of the child or of separation of the

child from the primary caretaker.

(c) The court shall transfer to the appropriate court or

division any issue it has declined to decide. Any court may

transfer any matter which must be tried by jury to a more

appropriate calendar or division.

(d) If the court transfers or otherwise declines to decide

any issue, judgment on that issue shall be expressly reserved

and ruling on other issues shall not be delayed or declined.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

Sec. 112A-14. Domestic violence order Order of protection;

remedies.

(a) (Blank).

(b) The court may order any of the remedies listed in this

subsection (b). The remedies listed in this subsection (b)

shall be in addition to other civil or criminal remedies

available to petitioner.

(1) Prohibition of abuse. Prohibit respondent's

harassment, interference with personal liberty,

intimidation of a dependent, physical abuse, or willful

deprivation, as defined in this Article, if such abuse has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in Section 701 of the

Illinois Marriage and Dissolution of Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i) the

hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other person

protected by the domestic violence order of protection, or

prohibit respondent from entering or remaining present at

petitioner's school, place of employment, or other

specified places at times when petitioner is present, or

both, if reasonable, given the balance of hardships.

Hardships need not be balanced for the court to enter a

stay away order or prohibit entry if respondent has no

right to enter the premises.

(A) If a domestic violence an order of protection

grants petitioner exclusive possession of the

residence, or prohibits respondent from entering the

residence, or orders respondent to stay away from

petitioner or other protected persons, then the court

may allow respondent access to the residence to remove

items of clothing and personal adornment used

exclusively by respondent, medications, and other

items as the court directs. The right to access shall

be exercised on only one occasion as the court directs

and in the presence of an agreed-upon adult third party

or law enforcement officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing a

domestic violence an order of protection and providing

relief shall consider the severity of the act, any

continuing physical danger or emotional distress to

the petitioner, the educational rights guaranteed to

the petitioner and respondent under federal and State

law, the availability of a transfer of the respondent

to another school, a change of placement or a change of

program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school, and any

other relevant facts of the case. The court may order

that the respondent not attend the public, private, or

non-public elementary, middle, or high school attended

by the petitioner, order that the respondent accept a

change of placement or change of program, as determined

by the school district or private or non-public school,

or place restrictions on the respondent's movements

within the school attended by the petitioner. The

respondent bears the burden of proving by a

preponderance of the evidence that a transfer, change

of placement, or change of program of the respondent is

not available. The respondent also bears the burden of

production with respect to the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school. A

transfer, change of placement, or change of program is

not unavailable to the respondent solely on the ground

that the respondent does not agree with the school

district's or private or non-public school's transfer,

change of placement, or change of program or solely on

the ground that the respondent fails or refuses to

consent or otherwise does not take an action required

to effectuate a transfer, change of placement, or

change of program. When a court orders a respondent to

stay away from the public, private, or non-public

school attended by the petitioner and the respondent

requests a transfer to another attendance center

within the respondent's school district or private or

non-public school, the school district or private or

non-public school shall have sole discretion to

determine the attendance center to which the

respondent is transferred. If the court order results

in a transfer of the minor respondent to another

attendance center, a change in the respondent's

placement, or a change of the respondent's program, the

parents, guardian, or legal custodian of the

respondent is responsible for transportation and other

costs associated with the transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. If

the court orders a transfer of the respondent to

another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist, psychiatrist,

family service agency, alcohol or substance abuse program,

mental health center guidance counselor, agency providing

services to elders, program designed for domestic violence

abusers or any other guidance service the court deems

appropriate. The court may order the respondent in any

intimate partner relationship to report to an Illinois

Department of Human Services protocol approved partner

abuse intervention program for an assessment and to follow

all recommended treatment.

(5) Physical care and possession of the minor child. In

order to protect the minor child from abuse, neglect, or

unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding physical care to

respondent would not be in the minor child's best interest.

(6) Temporary allocation of parental responsibilities

and significant decision-making responsibilities legal

custody. Award temporary significant decision-making

responsibility legal custody to petitioner in accordance

with this Section, the Illinois Marriage and Dissolution of

Marriage Act, the Illinois Parentage Act of 2015, and this

State's Uniform Child-Custody Jurisdiction and Enforcement

Act.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding temporary

significant decision-making responsibility legal custody

to respondent would not be in the child's best interest.

(7) Parenting time Visitation. Determine the parenting

time visitation rights, if any, of respondent in any case

in which the court awards physical care or temporary

significant decision-making responsibility legal custody

of a minor child to petitioner. The court shall restrict or

deny respondent's parenting time visitation with a minor

child if the court finds that respondent has done or is

likely to do any of the following:

(i) abuse or endanger the minor child during

parenting time visitation;

(ii) use the parenting time visitation as an

opportunity to abuse or harass petitioner or

petitioner's family or household members;

(iii) improperly conceal or detain the minor

child; or

(iv) otherwise act in a manner that is not in the

best interests of the minor child.

The court shall not be limited by the standards set

forth in Section 603.10 607.1 of the Illinois Marriage and

Dissolution of Marriage Act. If the court grants parenting

time visitation, the order shall specify dates and times

for the parenting time visitation to take place or other

specific parameters or conditions that are appropriate. No

order for parenting time visitation shall refer merely to

the term "reasonable parenting time" "reasonable

visitation". Petitioner may deny respondent access to the

minor child if, when respondent arrives for parenting time

visitation, respondent is under the influence of drugs or

alcohol and constitutes a threat to the safety and

well-being of petitioner or petitioner's minor children or

is behaving in a violent or abusive manner. If necessary to

protect any member of petitioner's family or household from

future abuse, respondent shall be prohibited from coming to

petitioner's residence to meet the minor child for

parenting time visitation, and the petitioner and

respondent parties shall submit to the court their

recommendations for reasonable alternative arrangements

for parenting time visitation. A person may be approved to

supervise parenting time visitation only after filing an

affidavit accepting that responsibility and acknowledging

accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return the

child to the custody or care of the petitioner, or to

permit any court-ordered interview or examination of the

child or the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent parties own the

property jointly; sharing it would risk abuse of

petitioner by respondent or is impracticable; and the

balance of hardships favors temporary possession by

petitioner.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may award

petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging, or otherwise disposing of any real or personal

property, except as explicitly authorized by the court, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent parties own the

property jointly, and the balance of hardships favors

granting this remedy.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may grant

petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility custody, when the

respondent has a legal obligation to support that person,

in accordance with the Illinois Marriage and Dissolution of

Marriage Act, which shall govern, among other matters, the

amount of support, payment through the clerk and

withholding of income to secure payment. An order for child

support may be granted to a petitioner with lawful physical

care or custody of a child, or an order or agreement for

physical care of a child or custody, prior to entry of an

order allocating significant decision-making

responsibility for legal custody. Such a support order

shall expire upon entry of a valid order allocating

parental responsibility differently and vacating

petitioner's significant decision-making responsibility

granting legal custody to another, unless otherwise

provided in the custody order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse. Such losses shall include, but not be limited

to, medical expenses, lost earnings or other support,

repair or replacement of property damaged or taken,

reasonable attorney's fees, court costs, and moving or

other travel expenses, including additional reasonable

expenses for temporary shelter and restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support, or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including, but not

limited to, legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and well-being

of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(A) A person who is subject to an existing domestic

violence order of protection, issued under this Code

may not lawfully possess weapons under Section 8.2 of

the Firearm Owners Identification Card Act.

(B) Any firearms in the possession of the

respondent, except as provided in subparagraph (C) of

this paragraph (14.5), shall be ordered by the court to

be turned over to a person with a valid Firearm Owner's

Identification Card for safekeeping. The court shall

issue an order that the respondent's Firearm Owner's

Identification Card be turned over to the local law

enforcement agency, which in turn shall immediately

mail the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.

The period of safekeeping shall be for the duration of

the domestic violence order of protection. The firearm

or firearms and Firearm Owner's Identification Card,

if unexpired, shall at the respondent's request be

returned to the respondent at expiration of the

domestic violence order of protection.

(C) If the respondent is a peace officer as defined

in Section 2-13 of the Criminal Code of 2012, the court

shall order that any firearms used by the respondent in

the performance of his or her duties as a peace officer

be surrendered to the chief law enforcement executive

of the agency in which the respondent is employed, who

shall retain the firearms for safekeeping for the

duration of the domestic violence order of protection.

(D) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned over

to a third party who is lawfully eligible to possess

firearms, and who does not reside with respondent.

(15) Prohibition of access to records. If a domestic

violence an order of protection prohibits respondent from

having contact with the minor child, or if petitioner's

address is omitted under subsection (b) of Section 112A-5

of this Code, or if necessary to prevent abuse or wrongful

removal or concealment of a minor child, the order shall

deny respondent access to, and prohibit respondent from

inspecting, obtaining, or attempting to inspect or obtain,

school or any other records of the minor child who is in

the care of petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse of

a family or household member or to effectuate one of the

granted remedies, if supported by the balance of hardships.

If the harm to be prevented by the injunction is abuse or

any other harm that one of the remedies listed in

paragraphs (1) through (16) of this subsection is designed

to prevent, no further evidence is necessary to establish

that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. In

For purposes of this paragraph (18), the term "wireless

telephone service provider" means a provider of

commercial mobile service as defined in 47 U.S.C. 332.

The petitioner may request the transfer of each

telephone number that the petitioner, or a minor child

in his or her custody, uses. The clerk of the court

shall serve the order on the wireless telephone service

provider's agent for service of process provided to the

Illinois Commerce Commission. The order shall contain

all of the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of an

agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information is

provided and displayed.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including, but not limited to, the

following:

(i) the nature, frequency, severity, pattern, and

consequences of the respondent's past abuse of the

petitioner or any family or household member,

including the concealment of his or her location in

order to evade service of process or notice, and the

likelihood of danger of future abuse to petitioner or

any member of petitioner's or respondent's family or

household; and

(ii) the danger that any minor child will be abused

or neglected or improperly relocated removed from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including, but not

limited to, the following:

(i) availability, accessibility, cost, safety,

adequacy, location and other characteristics of

alternate housing for each party and any minor child or

dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church, and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection (c), the court shall make its

findings in an official record or in writing, and shall at

a minimum set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2) of

this subsection (c).

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) (Blank).

(5) Never married parties. No rights or

responsibilities for a minor child born outside of marriage

attach to a putative father until a father and child

relationship has been established under the Illinois

Parentage Act of 1984, or under the Illinois Parentage Act

of 2015, the Illinois Public Aid Code, Section 12 of the

Vital Records Act, the Juvenile Court Act of 1987, the

Probate Act of 1975, the Uniform Interstate Family Support

Act, the Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or territory,

any other statute of this State, or by any foreign nation

establishing the father and child relationship, any other

proceeding substantially in conformity with the federal

Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, or when both parties appeared

in open court or at an administrative hearing acknowledging

under oath or admitting by affirmation the existence of a

father and child relationship on and after the effective

date of that Act. Absent such an adjudication, no putative

father shall be granted temporary allocation of parental

responsibilities, including parenting time custody of the

minor child, visitation with the minor child, or physical

care and possession of the minor child, nor shall an order

of payment for support of the minor child be entered.

(d) Balance of hardships; findings. If the court finds that

the balance of hardships does not support the granting of a

remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will result

in hardship to respondent that would substantially outweigh the

hardship to petitioner from denial of the remedy. The findings

shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) respondent Respondent has cause for any use of

force, unless that cause satisfies the standards for

justifiable use of force provided by Article 7 of the

Criminal Code of 2012;

(2) respondent Respondent was voluntarily intoxicated;

(3) petitioner Petitioner acted in self-defense or

defense of another, provided that, if petitioner utilized

force, such force was justifiable under Article 7 of the

Criminal Code of 2012;

(4) petitioner Petitioner did not act in self-defense

or defense of another;

(5) petitioner Petitioner left the residence or

household to avoid further abuse by respondent;

(6) petitioner Petitioner did not leave the residence

or household to avoid further abuse by respondent; or

(7) conduct Conduct by any family or household member

excused the abuse by respondent, unless that same conduct

would have excused such abuse if the parties had not been

family or household members.

(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;

100-388, eff. 1-1-18; revised 10-10-17.)

(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)

Sec. 112A-16. Accountability for Actions of Others. For the

purposes of issuing a domestic violence an order of protection,

deciding what remedies should be included and enforcing the

order, Article 5 of the Criminal Code of 2012 shall govern

whether respondent is legally accountable for the conduct of

another person.

(Source: P.A. 97-1150, eff. 1-25-13.)

(725 ILCS 5/112A-17.5 new)

Sec. 112A-17.5. Ex parte protective orders.

(a) The petitioner may request expedited consideration of

the petition for an ex parte protective order. The court shall

consider the request on an expedited basis without requiring

the respondent's presence or requiring notice to the

respondent.

(b) Issuance of ex parte protective orders in cases

involving domestic violence. An ex parte domestic violence

order of protection shall be issued if petitioner satisfies the

requirements of this subsection (b) for one or more of the

requested remedies. For each remedy requested, petitioner

shall establish that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy, regardless

of prior service of process or notice upon the respondent,

because:

(A) for the remedy of prohibition of abuse

described in paragraph (1) of subsection (b) of Section

112A-14 of this Code; stay away order and additional

prohibitions described in paragraph (3) of subsection

(b) of Section 112A-14 of this Code; removal or

concealment of minor child described in paragraph (8)

of subsection (b) of Section 112A-14 of this Code;

order to appear described in paragraph (9) of

subsection (b) of Section 112A-14 of this Code;

physical care and possession of the minor child

described in paragraph (5) of subsection (b) of Section

112A-14 of this Code; protection of property described

in paragraph (11) of subsection (b) of Section 112A-14

of this Code; prohibition of entry described in

paragraph (14) of subsection (b) of Section 112A-14 of

this Code; prohibition of firearm possession described

in paragraph (14.5) of subsection (b) of Section

112A-14 of this Code; prohibition of access to records

described in paragraph (15) of subsection (b) of

Section 112A-14 of this Code; injunctive relief

described in paragraph (16) of subsection (b) of

Section 112A-14 of this Code; and telephone services

described in paragraph (18) of subsection (b) of

Section 112A-14 of this Code, the harm which that

remedy is intended to prevent would be likely to occur

if the respondent were given any prior notice, or

greater notice than was actually given, of the

petitioner's efforts to obtain judicial relief;

(B) for the remedy of grant of exclusive possession

of residence described in paragraph (2) of subsection

(b) of Section 112A-14 of this Code; the immediate

danger of further abuse of the petitioner by the

respondent, if the petitioner chooses or had chosen to

remain in the residence or household while the

respondent was given any prior notice or greater notice

than was actually given of the petitioner's efforts to

obtain judicial relief outweighs the hardships to the

respondent of an emergency order granting the

petitioner exclusive possession of the residence or

household; and the remedy shall not be denied because

the petitioner has or could obtain temporary shelter

elsewhere while prior notice is given to the

respondent, unless the hardship to the respondent from

exclusion from the home substantially outweigh the

hardship to the petitioner; or

(C) for the remedy of possession of personal

property described in paragraph (10) of subsection (b)

of Section 112A-14 of this Code; improper disposition

of the personal property would be likely to occur if

the respondent were given any prior notice, or greater

notice than was actually given, of the petitioner's

efforts to obtain judicial relief or the petitioner has

an immediate and pressing need for the possession of

that property.

An ex parte domestic violence order of protection may not

include the counseling, custody, or payment of support or

monetary compensation remedies provided by paragraphs (4),

(12), (13), and (16) of subsection (b) of Section 112A-14 of

this Code.

(c) Issuance of ex parte civil no contact order in cases

involving sexual offenses. An ex parte civil no contact order

shall be issued if the petitioner establishes that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy, regardless

of prior service of process or of notice upon the

respondent, because the harm which that remedy is intended

to prevent would be likely to occur if the respondent were

given any prior notice, or greater notice than was actually

given, of the petitioner's efforts to obtain judicial

relief.

The court may order any of the remedies under Section

112A-14.5 of this Code.

(d) Issuance of ex parte stalking no contact order in cases

involving stalking offenses. An ex parte stalking no contact

order shall be issued if the petitioner establishes that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy, regardless

of prior service of process or of notice upon the

respondent, because the harm which that remedy is intended

to prevent would be likely to occur if the respondent were

given any prior notice, or greater notice than was actually

given, of the petitioner's efforts to obtain judicial

relief.

The court may order any of the remedies under Section

112A-14.7 of this Code.

(e) Issuance of ex parte protective orders on court

holidays and evenings.

When the court is unavailable at the close of business, the

petitioner may file a petition for an ex parte protective order

before any available circuit judge or associate judge who may

grant relief under this Article. If the judge finds that

petitioner has satisfied the prerequisites in subsection (b),

(c), or (d) of this Section, the judge shall issue an ex parte

protective order.

The chief judge of the circuit court may designate for each

county in the circuit at least one judge to be reasonably

available to issue orally, by telephone, by facsimile, or

otherwise, an ex parte protective order at all times, whether

or not the court is in session.

The judge who issued the order under this Section shall

promptly communicate or convey the order to the sheriff to

facilitate the entry of the order into the Law Enforcement

Agencies Data System by the Department of State Police under

Section 112A-28 of this Code. Any order issued under this

Section and any documentation in support of it shall be

certified on the next court day to the appropriate court. The

clerk of that court shall immediately assign a case number,

file the petition, order, and other documents with the court

and enter the order of record and file it with the sheriff for

service under subsection (f) of this Section. Failure to comply

with the requirements of this subsection (e) shall not affect

the validity of the order.

(f) Service of ex parte protective order on respondent.

(1) If an ex parte protective order is entered at the

time a summons or arrest warrant is issued for the criminal

charge, the petition for the protective order, any

supporting affidavits, if any, and the ex parte protective

order that has been issued shall be served with the summons

or arrest warrant. The enforcement of a protective order

under Section 112A-23 of this Code shall not be affected by

the lack of service or delivery, provided the requirements

of subsection (a) of Section 112A-23 of this Code are

otherwise met.

(2) If an ex parte protective order is entered after a

summons or arrest warrant is issued and before the

respondent makes an initial appearance in the criminal

case, the summons shall be in the form prescribed by

subsection (d) of Supreme Court Rule 101, except that it

shall require respondent to answer or appear within 7 days

and shall be accompanied by the petition for the protective

order, any supporting affidavits, if any, and the ex parte

protective order that has been issued.

(3) If an ex parte protective order is entered after

the respondent has been served notice of a petition for a

final protective order and the respondent has requested a

continuance to respond to the petition, the ex parte

protective order shall be served: (A) in open court if the

respondent is present at the proceeding at which the order

was entered; or (B) by summons in the form prescribed by

subsection (d) of Supreme Court Rule 101.

(4) No fee shall be charged for service of summons.

(5) The summons shall be served by the sheriff or other

law enforcement officer at the earliest time and shall take

precedence over other summonses except those of a similar

emergency nature. Special process servers may be appointed

at any time, and their designation shall not affect the

responsibilities and authority of the sheriff or other

official process servers. In a county with a population

over 3,000,000, a special process server may not be

appointed if an ex parte protective order grants the

surrender of a child, the surrender of a firearm or Firearm

Owner's Identification Card, or the exclusive possession

of a shared residence. Process may be served in court.

(g) Upon 7 days' notice to the petitioner, or a shorter

notice period as the court may prescribe, a respondent subject

to an ex parte protective order may appear and petition the

court to re-hear the petition. Any petition to re-hear shall be

verified and shall allege the following:

(1) that respondent did not receive prior notice of the

initial hearing in which the ex parte protective order was

entered under Section 112A-17.5 of this Code; and

(2) that respondent had a meritorious defense to the

order or any of its remedies or that the order or any of

its remedies was not authorized under this Article.

The verified petition and affidavit shall set forth the

evidence of the meritorious defense that will be presented at a

hearing. If the court finds that the evidence presented at the

hearing on the petition establishes a meritorious defense by a

preponderance of the evidence, the court may decide to vacate

the protective order or modify the remedies.

(h) If the ex parte protective order granted petitioner

exclusive possession of the residence and the petition of

respondent seeks to re-open or vacate that grant, the court

shall set a date for hearing within 14 days on all issues

relating to exclusive possession. Under no circumstances shall

a court continue a hearing concerning exclusive possession

beyond the 14th day except by agreement of the petitioner and

the respondent. Other issues raised by the pleadings may be

consolidated for the hearing if the petitioner, the respondent,

and the court do not object.

(i) Duration of ex parte protective order. An ex parte

order shall remain in effect until the court considers the

request for a final protective order after notice has been

served on the respondent or a default final protective order is

entered, whichever occurs first. If a court date is scheduled

for the issuance of a default protective order and the

petitioner fails to personally appear or appear through counsel

or the prosecuting attorney, the petition shall be dismissed

and the ex parte order terminated.

(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)

Sec. 112A-20. Duration and extension of final protective

orders.

(a) (Blank).

(b) A final protective order shall remain in effect as

follows:

(1) if entered during pre-trial release, until

disposition, withdrawal, or dismissal of the underlying

charge; if, however, the case is continued as an

independent cause of action, the order's duration may be

for a fixed period of time not to exceed 2 years;

(2) if in effect in conjunction with a bond forfeiture

warrant, until final disposition or an additional period of

time not exceeding 2 years; no domestic violence order of

protection, however, shall be terminated by a dismissal

that is accompanied by the issuance of a bond forfeiture

warrant;

(3) until 2 years after the expiration of any

supervision, conditional discharge, probation, periodic

imprisonment, parole, aftercare release, or mandatory

supervised release for domestic violence orders of

protection and civil no contact orders; or

(4) until 2 years after the date set by the court for

expiration of any sentence of imprisonment and subsequent

parole, aftercare release, or mandatory supervised release

for domestic violence orders of protection and civil no

contact orders; and

(5) permanent for a stalking no contact order if a

judgment of conviction for stalking is entered.

(c) Computation of time. The duration of a domestic

violence an order of protection shall not be reduced by the

duration of any prior domestic violence order of protection.

(d) Law enforcement records. When a protective order

expires upon the occurrence of a specified event, rather than

upon a specified date as provided in subsection (b), no

expiration date shall be entered in Department of State Police

records. To remove the protective order from those records,

either the petitioner or the respondent shall request the clerk

of the court to file a certified copy of an order stating that

the specified event has occurred or that the protective order

has been vacated or modified with the sheriff, and the sheriff

shall direct that law enforcement records shall be promptly

corrected in accordance with the filed order.

(e) Extension of Orders. Any domestic violence order of

protection or civil no contact order that expires 2 years after

the expiration of the defendant's sentence under paragraph (2),

(3), or (4) of subsection (b) of Section 112A-20 of this

Article may be extended one or more times, as required. The

petitioner, petitioner's counsel, or the State's Attorney on

the petitioner's behalf shall file the motion for an extension

of the final protective order in the criminal case and serve

the motion in accordance with Supreme Court Rules 11 and 12.

The court shall transfer the motion to the appropriate court or

division for consideration under subsection (e) of Section 220

of the Illinois Domestic Violence Act of 1986, or subsection

(c) of Section 216 of the Civil No Contact Order Act, or

subsection (c) of Section 105 of the Stalking No Contact Order

as appropriate.

(f) Termination date. Any final protective order of

protection which would expire on a court holiday shall instead

expire at the close of the next court business day.

(g) Statement of purpose. The practice of dismissing or

suspending a criminal prosecution in exchange for issuing a

protective an order of protection undermines the purposes of

this Article. This Section shall not be construed as

encouraging that practice.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)

Sec. 112A-21. Contents of orders.

(a) Any domestic violence order of protection shall

describe, in reasonable detail and not by reference to any

other document, the following:

(1) Each remedy granted by the court, in reasonable

detail and not by reference to any other document, so that

respondent may clearly understand what he or she must do or

refrain from doing. Pre-printed form orders of protection

shall include the definitions of the types of abuse, as

provided in Section 112A-3 of this Code. Remedies set forth

in pre-printed form for domestic violence orders shall be

numbered consistently with and corresponding to the

numerical sequence of remedies listed in Section 112A-14 of

this Code (at least as of the date the form orders are

printed).

(2) The reason for denial of petitioner's request for

any remedy listed in Section 112A-14 of this Code.

(b) A domestic violence An order of protection shall

further state the following:

(1) The name of each petitioner that the court finds is

a victim of a charged offense, and that respondent is a

member of the family or household of each such petitioner,

and the name of each other person protected by the order

and that such person is protected by this Code Act.

(2) For any remedy requested by petitioner on which the

court has declined to rule, that that remedy is reserved.

(3) The date and time the domestic violence order of

protection was issued.

(4) (Blank).

(5) (Blank).

(6) (Blank).

(c) Any domestic violence order of protection shall include

the following notice, printed in conspicuous type:

"Any knowing violation of a domestic violence an order

of protection forbidding physical abuse, harassment,

intimidation, interference with personal liberty, willful

deprivation, or entering or remaining present at specified

places when the protected person is present, or granting

exclusive possession of the residence or household, or

granting a stay away order is a Class A misdemeanor for a

first offense, and a Class 4 felony for persons with a

prior conviction for certain offenses under subsection (d)

of Section 12-3.4 of the Criminal Code of 2012. Grant of

exclusive possession of the residence or household shall

constitute notice forbidding trespass to land. Any knowing

violation of an order awarding legal custody or physical

care of a child or prohibiting removal or concealment of a

child may be a Class 4 felony. Any willful violation of any

order is contempt of court. Any violation may result in

fine or imprisonment."

(d) (Blank).

(e) A domestic violence An order of protection shall state,

"This Order of Protection is enforceable, even without

registration, in all 50 states, the District of Columbia,

tribal lands, and the U.S. territories pursuant to the Violence

Against Women Act (18 U.S.C. 2265). Violating this Order of

Protection may subject the respondent to federal charges and

punishment (18 U.S.C. 2261-2262). The respondent may be subject

to federal criminal penalties for possessing, transporting,

shipping, or receiving any firearm or ammunition under the Gun

Control Act (18 U.S.C. 922(g)(8) and (9))."

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)

Sec. 112A-22. Notice of orders.

(a) Entry and issuance. Upon issuance of any protective

order of protection, the clerk shall immediately, or on the

next court day if an ex parte order is issued under subsection

(e) of Section 112A-17.5 of this Code, (i) enter the order on

the record and file it in accordance with the circuit court

procedures and (ii) provide a file stamped copy of the order to

respondent and to petitioner, if present, and to the State's

Attorney. If the victim is not present the State's Attorney

shall (i) as soon as practicable notify the petitioner the

order has been entered and (ii) provide a file stamped copy of

the order to the petitioner within 3 days.

(b) Filing with sheriff. The clerk of the issuing judge

shall, on the same day that a protective order is issued, file

a copy of that order with the sheriff or other law enforcement

officials charged with maintaining Department of State Police

records or charged with serving the order upon respondent. If

the order was issued under subsection (e) of Section 112A-17.5

of this Code, the clerk on the next court day shall file a

certified copy of the order with the sheriff or other law

enforcement officials charged with maintaining Department of

State Police records.

(c) (Blank).

(c-2) Service by sheriff. Unless respondent was present in

court when the order was issued, the sheriff, other law

enforcement official, or special process server shall promptly

serve that order upon respondent and file proof of the service,

in the manner provided for service of process in civil

proceedings. Instead of serving the order upon the respondent;

however, the sheriff, other law enforcement official, special

process server, or other persons defined in Section 112A-22.1

of this Code may serve the respondent with a short form

notification as provided in Section 112A-22.1 of this Code. If

process has not yet been served upon the respondent, process

shall be served with the order or short form notification if

the service is made by the sheriff, other law enforcement

official, or special process server.

(c-3) If the person against whom the protective order is

issued is arrested and the written order is issued under

subsection (e) of Section 112A-17.5 of this Code and received

by the custodial law enforcement agency before the respondent

or arrestee is released from custody, the custodial law

enforcement agency shall promptly serve the order upon the

respondent or arrestee before the respondent or arrestee is

released from custody. In no event shall detention of the

respondent or arrestee be extended for a hearing on the

petition for protective order or receipt of the order issued

under Section 112A-17 of this Code.

(c-4) Extensions, modifications, and revocations. Any

order extending, modifying, or revoking any protective order

shall be promptly recorded, issued, and served as provided in

this Section.

(c-5) (Blank).

(d) (Blank).

(e) Notice to health care facilities and health care

practitioners. Upon the request of the petitioner, the clerk of

the circuit court shall send a certified copy of the protective

order to any specified health care facility or health care

practitioner requested by the petitioner at the mailing address

provided by the petitioner.

(f) Disclosure by health care facilities and health care

practitioners. After receiving a certified copy of a protective

order that prohibits a respondent's access to records, no

health care facility or health care practitioner shall allow a

respondent access to the records of any child who is a

protected person under the protective order, or release

information in those records to the respondent, unless the

order has expired or the respondent shows a certified copy of

the court order vacating the corresponding protective order

that was sent to the health care facility or practitioner.

Nothing in this Section shall be construed to require health

care facilities or health care practitioners to alter

procedures related to billing and payment. The health care

facility or health care practitioner may file the copy of the

protective order in the records of a child who is a protected

person under the protective order, or may employ any other

method to identify the records to which a respondent is

prohibited access. No health care facility or health care

practitioner shall be civilly or professionally liable for

reliance on a copy of a protective order, except for willful

and wanton misconduct.

(g) Notice to schools. Upon the request of the petitioner,

within 24 hours of the issuance of a protective order, the

clerk of the issuing judge shall send a certified copy of the

protective order to the day-care facility, pre-school or

pre-kindergarten, or private school or the principal office of

the public school district or any college or university in

which any child who is a protected person under the protective

order or any child of the petitioner is enrolled as requested

by the petitioner at the mailing address provided by the

petitioner. If the child transfers enrollment to another

day-care facility, pre-school, pre-kindergarten, private

school, public school, college, or university, the petitioner

may, within 24 hours of the transfer, send to the clerk written

notice of the transfer, including the name and address of the

institution to which the child is transferring. Within 24 hours

of receipt of notice from the petitioner that a child is

transferring to another day-care facility, pre-school,

pre-kindergarten, private school, public school, college, or

university, the clerk shall send a certified copy of the order

to the institution to which the child is transferring.

(h) Disclosure by schools. After receiving a certified copy

of a protective order that prohibits a respondent's access to

records, neither a day-care facility, pre-school,

pre-kindergarten, public or private school, college, or

university nor its employees shall allow a respondent access to

a protected child's records or release information in those

records to the respondent. The school shall file the copy of

the protective order in the records of a child who is a

protected person under the order. When a child who is a

protected person under the protective order transfers to

another day-care facility, pre-school, pre-kindergarten,

public or private school, college, or university, the

institution from which the child is transferring may, at the

request of the petitioner, provide, within 24 hours of the

transfer, written notice of the protective order, along with a

certified copy of the order, to the institution to which the

child is transferring.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-22.1 new)

Sec. 112A-22.1. Short form notification.

(a) Instead of personal service of a protective order under

Section 112A-22 of this Code, a sheriff, other law enforcement

official, special process server, or personnel assigned by the

Department of Corrections or Department of Juvenile Justice to

investigate the alleged misconduct of committed persons or

alleged violations of the person's conditions of parole,

aftercare release, or mandatory supervised release, may serve a

respondent with a short form notification. The short form

notification shall include the following:

(1) Respondent's name.

(2) Respondent's date of birth, if known.

(3) Petitioner's name.

(4) Names of other protected parties.

(5) Date and county in which the protective order was

filed.

(6) Court file number.

(7) Hearing date and time, if known.

(8) Conditions that apply to the respondent, either in

checklist form or handwritten.

(b) The short form notification shall contain the following

notice in bold print:

"The order is now enforceable. You must report to the

office of the sheriff or the office of the circuit court in

(name of county) County to obtain a copy of the order. You are

subject to arrest and may be charged with a misdemeanor or

felony if you violate any of the terms of the order."

(c) Upon verification of the identity of the respondent and

the existence of an unserved order against the respondent, a

sheriff or other law enforcement official may detain the

respondent for a reasonable time necessary to complete and

serve the short form notification.

(d) When service is made by short form notification under

this Section, it may be proved by the affidavit of the person

making the service.

(e) The Attorney General shall make the short form

notification form available to law enforcement agencies in this

State.

(725 ILCS 5/112A-22.3)

Sec. 112A-22.3. Withdrawal or dismissal of charges or

petition.

(a) Voluntary dismissal or withdrawal of any delinquency

petition or criminal prosecution or a finding of not guilty

shall not require dismissal or vacation of the protective

order; instead, at the request of the petitioner, petitioner's

counsel, or the State's Attorney on behalf of the petitioner in

the discretion of the State's Attorney, or on the court's

motion, it may be treated as an independent action and, if

necessary and appropriate, transferred to a different court or

division. Dismissal of any delinquency petition or criminal

prosecution shall not affect the validity of any previously

issued protective order.

(b) Withdrawal or dismissal of any petition for a

protective order shall operate as a dismissal without

prejudice.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

Sec. 112A-23. Enforcement of protective orders.

(a) When violation is crime. A violation of any protective

order of protection, whether issued in a civil, quasi-criminal

proceeding, shall be enforced by a criminal court when:

(1) The respondent commits the crime of violation of a

domestic violence an order of protection pursuant to

Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

Criminal Code of 2012, by having knowingly violated:

(i) remedies described in paragraphs (1), (2),

(3), (14), or (14.5) of subsection (b) of Section

112A-14 of this Code,

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (1), (2),

(3), (14), or (14.5) of subsection (b) of Section 214

of the Illinois Domestic Violence Act of 1986, in a

valid order of protection, which is authorized under

the laws of another state, tribe or United States

territory,

(iii) or any other remedy when the act constitutes

a crime against the protected parties as defined by the

Criminal Code of 1961 or the Criminal Code of 2012.

Prosecution for a violation of a domestic violence an

order of protection shall not bar concurrent prosecution

for any other crime, including any crime that may have been

committed at the time of the violation of the domestic

violence order of protection; or

(2) The respondent commits the crime of child abduction

pursuant to Section 10-5 of the Criminal Code of 1961 or

the Criminal Code of 2012, by having knowingly violated:

(i) remedies described in paragraphs (5), (6), or

(8) of subsection (b) of Section 112A-14 of this Code,

or

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (1), (5),

(6), or (8) of subsection (b) of Section 214 of the

Illinois Domestic Violence Act of 1986, in a valid

domestic violence order of protection, which is

authorized under the laws of another state, tribe or

United States territory.

(3) The respondent commits the crime of violation of a

civil no contact order when the respondent violates Section

12-3.8 of the Criminal Code of 2012. Prosecution for a

violation of a civil no contact order shall not bar

concurrent prosecution for any other crime, including any

crime that may have been committed at the time of the

violation of the civil no contact order.

(4) The respondent commits the crime of violation of a

stalking no contact order when the respondent violates

Section 12-3.9 of the Criminal Code of 2012. Prosecution

for a violation of a stalking no contact order shall not

bar concurrent prosecution for any other crime, including

any crime that may have been committed at the time of the

violation of the stalking no contact order.

(b) When violation is contempt of court. A violation of any

valid protective order, whether issued in a civil or criminal

proceeding, may be enforced through civil or criminal contempt

procedures, as appropriate, by any court with jurisdiction,

regardless where the act or acts which violated the protective

order were committed, to the extent consistent with the venue

provisions of this Article. Nothing in this Article shall

preclude any Illinois court from enforcing any valid protective

order issued in another state. Illinois courts may enforce

protective orders through both criminal prosecution and

contempt proceedings, unless the action which is second in time

is barred by collateral estoppel or the constitutional

prohibition against double jeopardy.

(1) In a contempt proceeding where the petition for a

rule to show cause sets forth facts evidencing an immediate

danger that the respondent will flee the jurisdiction,

conceal a child, or inflict physical abuse on the

petitioner or minor children or on dependent adults in

petitioner's care, the court may order the attachment of

the respondent without prior service of the rule to show

cause or the petition for a rule to show cause. Bond shall

be set unless specifically denied in writing.

(2) A petition for a rule to show cause for violation

of a protective order shall be treated as an expedited

proceeding.

(c) Violation of custody, allocation of parental

responsibility, or support orders. A violation of remedies

described in paragraphs (5), (6), (8), or (9) of subsection (b)

of Section 112A-14 of this Code may be enforced by any remedy

provided by Section 607.5 of the Illinois Marriage and

Dissolution of Marriage Act. The court may enforce any order

for support issued under paragraph (12) of subsection (b) of

Section 112A-14 of this Code in the manner provided for under

Parts V and VII of the Illinois Marriage and Dissolution of

Marriage Act.

(d) Actual knowledge. A protective order may be enforced

pursuant to this Section if the respondent violates the order

after respondent has actual knowledge of its contents as shown

through one of the following means:

(1) (Blank).

(2) (Blank).

(3) By service of a protective an order of protection

under subsection (f) of Section 112A-17.5 or Section

112A-22 of this Code.

(4) By other means demonstrating actual knowledge of

the contents of the order.

(e) The enforcement of a protective an order of protection

in civil or criminal court shall not be affected by either of

the following:

(1) The existence of a separate, correlative order

entered under Section 112A-15 of this Code.

(2) Any finding or order entered in a conjoined

criminal proceeding.

(f) Circumstances. The court, when determining whether or

not a violation of a protective order has occurred, shall not

require physical manifestations of abuse on the person of the

victim.

(g) Penalties.

(1) Except as provided in paragraph (3) of this

subsection (g), where the court finds the commission of a

crime or contempt of court under subsections (a) or (b) of

this Section, the penalty shall be the penalty that

generally applies in such criminal or contempt

proceedings, and may include one or more of the following:

incarceration, payment of restitution, a fine, payment of

attorneys' fees and costs, or community service.

(2) The court shall hear and take into account evidence

of any factors in aggravation or mitigation before deciding

an appropriate penalty under paragraph (1) of this

subsection (g).

(3) To the extent permitted by law, the court is

encouraged to:

(i) increase the penalty for the knowing violation

of any protective order over any penalty previously

imposed by any court for respondent's violation of any

protective order or penal statute involving petitioner

as victim and respondent as defendant;

(ii) impose a minimum penalty of 24 hours

imprisonment for respondent's first violation of any

protective order; and

(iii) impose a minimum penalty of 48 hours

imprisonment for respondent's second or subsequent

violation of a protective order

unless the court explicitly finds that an increased penalty

or that period of imprisonment would be manifestly unjust.

(4) In addition to any other penalties imposed for a

violation of a protective order, a criminal court may

consider evidence of any violations of a protective order:

(i) to increase, revoke, or modify the bail bond on

an underlying criminal charge pursuant to Section

110-6 of this Code;

(ii) to revoke or modify an order of probation,

conditional discharge, or supervision, pursuant to

Section 5-6-4 of the Unified Code of Corrections;

(iii) to revoke or modify a sentence of periodic

imprisonment, pursuant to Section 5-7-2 of the Unified

Code of Corrections.

(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)

Sec. 112A-24. Modification, re-opening, and extension of

orders.

(a) Except as otherwise provided in this Section, upon

motion by petitioner, petitioner's counsel, or the State's

Attorney on behalf of the petitioner, the court may modify a

protective order:

(1) If respondent has abused petitioner since the

hearing for that order, by adding or altering one or more

remedies, as authorized by Section 112A-14, 112A-14.5, or

112A-14.7 of this Code Article; and

(2) Otherwise, by adding any remedy authorized by

Section 112A-14, 112A-14.5, or 112A-14.7 which was:

(i) reserved in that protective order;

(ii) not requested for inclusion in that

protective order; or

(iii) denied on procedural grounds, but not on the

merits.

(a-5) A petitioner, petitioner's counsel, or the State's

Attorney on the petitioner's behalf may file a motion to vacate

or modify a final permanent stalking no contact order 2 years

or more after the expiration of the defendant's sentence. The

motion shall be served in accordance with Supreme Court Rules

11 and 12.

(b) Upon motion by the petitioner, petitioner's counsel,

State's Attorney, or respondent, the court may modify any prior

domestic violence order of protection's remedy for custody,

visitation or payment of support in accordance with the

relevant provisions of the Illinois Marriage and Dissolution of

Marriage Act.

(c) After 30 days following the entry of a protective

order, a court may modify that order only when changes in the

applicable law or facts since that final plenary order was

entered warrant a modification of its terms.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) This Section does not limit the means, otherwise

available by law, for vacating or modifying protective orders.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)

Sec. 112A-26. Arrest without warrant.

(a) Any law enforcement officer may make an arrest without

warrant if the officer has probable cause to believe that the

person has committed or is committing any crime, including but

not limited to violation of a domestic violence an order of

protection, under Section 12-3.4 or 12-30 of the Criminal Code

of 1961 or the Criminal Code of 2012, violation of a civil no

contact order, under Section 11-1.75 of the Criminal Code of

2012, or violation of a stalking no contact order, under

Section 12-7.5A of the Criminal Code of 2012, even if the crime

was not committed in the presence of the officer.

(b) The law enforcement officer may verify the existence of

a protective order by telephone or radio communication with his

or her law enforcement agency or by referring to the copy of

the order provided by petitioner or respondent.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)

Sec. 112A-28. Data maintenance by law enforcement

agencies.

(a) All sheriffs shall furnish to the Department of State

Police, daily, in the form and detail the Department requires,

copies of any recorded protective orders issued by the court,

and any foreign protective orders of protection filed by the

clerk of the court, and transmitted to the sheriff by the clerk

of the court. Each protective order shall be entered in the Law

Enforcement Agencies Data System on the same day it is issued

by the court.

(b) The Department of State Police shall maintain a

complete and systematic record and index of all valid and

recorded protective orders issued or filed under this Act. The

data shall be used to inform all dispatchers and law

enforcement officers at the scene of an alleged incident of

abuse or violation of a protective order of any recorded prior

incident of abuse involving the abused party and the effective

dates and terms of any recorded protective order.

(c) The data, records and transmittals required under this

Section shall pertain to:

(1) any valid emergency, interim or plenary domestic

violence order of protection, civil no contact or stalking

no contact order issued in a civil proceeding; and

(2) any valid ex parte or final protective order issued

in a criminal proceeding or authorized under the laws of

another state, tribe, or United States territory.

(Source: P.A. 100-199, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect upon

becoming law.