Illinois 2023-2024 Regular Session

Illinois House Bill HB2624 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0166
2	1		HB2624 EnrolledLRB103 30697 LNS 57170 b HB2624 Enrolled LRB103 30697 LNS 57170 b
3	2		HB2624 Enrolled LRB103 30697 LNS 57170 b
4		-	AN ACT concerning courts.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the Court
8		-	Record and Document Accessibility Act.
9		-	Section 5. Record and document accessibility.
10		-	(a) All records and documents are presumed to be
11		-	accessible by the court and the clerk of the court. A clerk of
12		-	the court shall limit access to case information and documents
13		-	that are not identified as public to the clerk of the court or
14		-	limited supervisory staff through the use of access codes
15		-	restricting access. Access to court records and documents
16		-	remotely over the Internet shall be as authorized by the
17		-	Illinois Supreme Court Remote Access Policy.
18		-	(b) Unless otherwise specified by rule, statute, or order,
19		-	access to case information and documents maintained by the
20		-	clerk of the court is defined as follows:
21		-	(1) "Public" means a document or case that is
22		-	accessible by any person upon request.
23		-	(2) "Impounded" means a document or case that is
24		-	accessible only to the parties of record on a case;
25		-	otherwise, the document or case is only accessible upon
26		-	order of a court.
	3	+	1 AN ACT concerning courts.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the Court
	7	+	5 Record and Document Accessibility Act.
	8	+	6 Section 5. Record and document accessibility.
	9	+	7 (a) All records and documents are presumed to be
	10	+	8 accessible by the court and the clerk of the court. A clerk of
	11	+	9 the court shall limit access to case information and documents
	12	+	10 that are not identified as public to the clerk of the court or
	13	+	11 limited supervisory staff through the use of access codes
	14	+	12 restricting access. Access to court records and documents
	15	+	13 remotely over the Internet shall be as authorized by the
	16	+	14 Illinois Supreme Court Remote Access Policy.
	17	+	15 (b) Unless otherwise specified by rule, statute, or order,
	18	+	16 access to case information and documents maintained by the
	19	+	17 clerk of the court is defined as follows:
	20	+	18 (1) "Public" means a document or case that is
	21	+	19 accessible by any person upon request.
	22	+	20 (2) "Impounded" means a document or case that is
	23	+	21 accessible only to the parties of record on a case;
	24	+	22 otherwise, the document or case is only accessible upon
	25	+	23 order of a court.
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33		-	(3) "Confidential" means a document or case that is
34		-	accessible only to the party submitting the document or
35		-	filing the case; otherwise, the document or case is only
36		-	accessible upon order of a court.
37		-	(4) "Sealed" means a document or case that is
38		-	accessible only upon order of a court.
39		-	(5) "Expunged" means a document or case that is
40		-	accessible only upon order of a court as provided in
41		-	subparagraph (E) of paragraph (1) of subsection (a) of
42		-	Section 5.2 of the Criminal Identification Act.
43		-	(c) Notwithstanding any provision of subsections (a) and
44		-	(b), the court may enter an order restricting access to any
45		-	case or document per order of court.
46		-	(d) If any law of this State restricts access to any case
47		-	information and documents maintained by the clerk of the court
48		-	by using the phrase "shall not be public", or a similar phrase
49		-	stating that a court record is not available to the public, the
50		-	clerk of the court shall impound such case information and
51		-	documents unless the court directs otherwise.
52		-	(e) Notwithstanding any other provision of law, if any law
53		-	or statute of this State conflicts with Supreme Court Rule 8,
54		-	then Supreme Court Rule 8 governs.
55		-	Section 10. Process for access. The General Assembly
56		-	encourages the Supreme Court to consider establishing a
57		-	process for access to court files that are limited by statute
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	34	+	1 (3) "Confidential" means a document or case that is
	35	+	2 accessible only to the party submitting the document or
	36	+	3 filing the case; otherwise, the document or case is only
	37	+	4 accessible upon order of a court.
	38	+	5 (4) "Sealed" means a document or case that is
	39	+	6 accessible only upon order of a court.
	40	+	7 (5) "Expunged" means a document or case that is
	41	+	8 accessible only upon order of a court as provided in
	42	+	9 subparagraph (E) of paragraph (1) of subsection (a) of
	43	+	10 Section 5.2 of the Criminal Identification Act.
	44	+	11 (c) Notwithstanding any provision of subsections (a) and
	45	+	12 (b), the court may enter an order restricting access to any
	46	+	13 case or document per order of court.
	47	+	14 (d) If any law of this State restricts access to any case
	48	+	15 information and documents maintained by the clerk of the court
	49	+	16 by using the phrase "shall not be public", or a similar phrase
	50	+	17 stating that a court record is not available to the public, the
	51	+	18 clerk of the court shall impound such case information and
	52	+	19 documents unless the court directs otherwise.
	53	+	20 (e) Notwithstanding any other provision of law, if any law
	54	+	21 or statute of this State conflicts with Supreme Court Rule 8,
	55	+	22 then Supreme Court Rule 8 governs.
	56	+	23 Section 10. Process for access. The General Assembly
	57	+	24 encourages the Supreme Court to consider establishing a
	58	+	25 process for access to court files that are limited by statute
58	59
59	60
60		-	or court rule that includes standardized forms and provisions
61		-	for requesting access to documents in court files that are
62		-	restricted in any manner.
63		-	Section 15. Applicability. This Act applies to all court
64		-	records and documents related to any civil or criminal
65		-	proceeding brought before any court in this State that are
66		-	created and maintained by a State court.
67		-	Section 20. The Code of Criminal Procedure of 1963 is
68		-	amended by changing Section 108A-7 as follows:
69		-	(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
70		-	Sec. 108A-7. Retention and Review of Recordings.
71		-	(a) The contents of any conversation overheard by any
72		-	eavesdropping device shall, if possible, be recorded on tape
73		-	or a comparable device. The recording of the contents of a
74		-	conversation under this Article shall be done in such a way as
75		-	will protect the recording from editing or other alterations.
76		-	(b) Immediately after the expiration of the period of the
77		-	order or extension or, where the recording was made in an
78		-	emergency situation as defined in Section 108A-6, at the time
79		-	of the request for approval subsequent to the emergency, all
80		-	such recordings shall be made available to the judge issuing
81		-	the order or hearing the application for approval of an
82		-	emergency application.
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84	62
85		-	The judge shall listen to the tapes, determine if the
86		-	conversations thereon are within his order or were
87		-	appropriately made in emergency situations, and make a record
88		-	of such determination to be retained with the tapes.
89		-	The recordings shall be sealed under the instructions of
90		-	the judge and custody shall be where he orders. Such
91		-	recordings shall not be destroyed except upon order of the
92		-	judge hearing the application and in any event shall be kept
93		-	for 10 years if not destroyed upon his order.
94		-	Duplicate recordings may be made for any use or disclosure
95		-	authorized by this Article. The presence of the seal provided
96		-	for in this Section or a satisfactory explanation for the
97		-	absence thereof shall be a pre-requisite for the use or
98		-	disclosure of the contents of the recordings or any evidence
99		-	derived therefrom.
100		-	(c) Applications made and orders granted under this
101		-	Article shall be sealed by the judge. Custody of the
102		-	applications and orders shall be wherever the judge requests.
103		-	Such applications and orders shall be disclosed only upon a
104		-	showing of good cause before a judge. Such documents shall not
105		-	be destroyed except on the order of the issuing or denying
106		-	judge or after the expiration of 10 years time if not destroyed
107		-	upon his order.
108		-	As used in this subsection, "sealed" has the same meaning
109		-	as in paragraph (4) of subsection (b) of Section 5 of the Court
110		-	Record and Document Accessibility Act.
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113		-	(Source: P.A. 79-1159.)
114		-	Section 25. The Privacy of Child Victims of Criminal
115		-	Sexual Offenses Act is amended by changing Section 3 as
116		-	follows:
117		-	(725 ILCS 190/3) (from Ch. 38, par. 1453)
118		-	Sec. 3. Confidentiality of Law Enforcement and Court
119		-	Records. Notwithstanding any other law to the contrary,
120		-	inspection and copying of law enforcement records maintained
121		-	by any law enforcement agency or all circuit court records
122		-	maintained by any circuit clerk relating to any investigation
123		-	or proceeding pertaining to a criminal sexual offense, by any
124		-	person, except a judge, state's attorney, assistant state's
125		-	attorney, Attorney General, Assistant Attorney General,
126		-	psychologist, psychiatrist, social worker, doctor, parent,
127		-	parole agent, aftercare specialist, probation officer,
128		-	defendant, defendant's attorney, advocate, or victim's
129		-	attorney (as defined in Section 3 of the Rights of Crime
130		-	Victims and Witnesses Act) in any criminal proceeding or
131		-	investigation related thereto, shall be restricted to exclude
132		-	the identity of any child who is a victim of such criminal
133		-	sexual offense or alleged criminal sexual offense unless a
134		-	court order is issued authorizing the removal of such
135		-	restriction as provided under this Section of a particular
136		-	case record or particular records of cases maintained by any
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	69	+	1 or court rule that includes standardized forms and provisions
	70	+	2 for requesting access to documents in court files that are
	71	+	3 restricted in any manner.
	72	+	4 Section 15. Applicability. This Act applies to all court
	73	+	5 records and documents related to any civil or criminal
	74	+	6 proceeding brought before any court in this State that are
	75	+	7 created and maintained by a State court.
	76	+	8 Section 20. The Code of Criminal Procedure of 1963 is
	77	+	9 amended by changing Section 108A-7 as follows:
	78	+	10 (725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
	79	+	11 Sec. 108A-7. Retention and Review of Recordings.
	80	+	12 (a) The contents of any conversation overheard by any
	81	+	13 eavesdropping device shall, if possible, be recorded on tape
	82	+	14 or a comparable device. The recording of the contents of a
	83	+	15 conversation under this Article shall be done in such a way as
	84	+	16 will protect the recording from editing or other alterations.
	85	+	17 (b) Immediately after the expiration of the period of the
	86	+	18 order or extension or, where the recording was made in an
	87	+	19 emergency situation as defined in Section 108A-6, at the time
	88	+	20 of the request for approval subsequent to the emergency, all
	89	+	21 such recordings shall be made available to the judge issuing
	90	+	22 the order or hearing the application for approval of an
	91	+	23 emergency application.
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139		-	circuit court clerk. A court may, for the child's protection
140		-	and for good cause shown, prohibit any person or agency
141		-	present in court from further disclosing the child's identity.
142		-	A court may prohibit such disclosure only after giving
143		-	notice and a hearing to all affected parties. In determining
144		-	whether to prohibit disclosure of the minor's identity, the
145		-	court shall consider:
146		-	(1) the best interest of the child; and
147		-	(2) whether such nondisclosure would further a
148		-	compelling State interest.
149		-	When a criminal sexual offense is committed or alleged to
150		-	have been committed by a school district employee or any
151		-	individual contractually employed by a school district, a copy
152		-	of the criminal history record information relating to the
153		-	investigation of the offense or alleged offense shall be
154		-	transmitted to the superintendent of schools of the district
155		-	immediately upon request or if the law enforcement agency
156		-	knows that a school district employee or any individual
157		-	contractually employed by a school district has committed or
158		-	is alleged to have committed a criminal sexual offense, the
159		-	superintendent of schools of the district shall be immediately
160		-	provided a copy of the criminal history record information.
161		-	The copy of the criminal history record information to be
162		-	provided under this Section shall exclude the identity of the
163		-	child victim. The superintendent shall be restricted from
164		-	revealing the identity of the victim. Nothing in this Article
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167		-	precludes or may be used to preclude a mandated reporter from
168		-	reporting child abuse or child neglect as required under the
169		-	Abused and Neglected Child Reporting Act.
170		-	For the purposes of this Act, "criminal history record
171		-	information" means:
172		-	(i) chronologically maintained arrest information,
173		-	such as traditional arrest logs or blotters;
174		-	(ii) the name of a person in the custody of a law
175		-	enforcement agency and the charges for which that person
176		-	is being held;
177		-	(iii) court records that are public, as defined in
178		-	paragraph (1) of subsection (b) of Section 5 of the Court
179		-	Record and Document Accessibility Act;
180		-	(iv) records that are otherwise available under State
181		-	or local law; or
182		-	(v) records in which the requesting party is the
183		-	individual identified, except as provided under part (vii)
184		-	of paragraph (c) of subsection (1) of Section 7 of the
185		-	Freedom of Information Act.
186		-	(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
187		-	Section 30. The Unified Code of Corrections is amended by
188		-	changing Section 5-5.5-15 as follows:
189		-	(730 ILCS 5/5-5.5-15)
190		-	Sec. 5-5.5-15. Certificates of relief from disabilities
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193		-	issued by courts.
194		-	(a) Any circuit court of this State may issue a
195		-	certificate of relief from disabilities to an eligible
196		-	offender for a conviction that occurred in that court if the
197		-	court imposed the sentence. The certificate may be issued (i)
198		-	at the time sentence is pronounced, in which case it may grant
199		-	relief from disabilities, or (ii) at any time thereafter, in
200		-	which case it shall apply only to disabilities.
201		-	(b) The certificate may not be issued by the court unless
202		-	the court is satisfied, based on clear and convincing
203		-	evidence, that:
204		-	(1) the person to whom it is to be granted is an
205		-	eligible offender, as defined in Section 5-5.5-5;
206		-	(2) the relief to be granted by the certificate is
207		-	consistent with the rehabilitation of the eligible
208		-	offender; and
209		-	(3) the relief to be granted by the certificate is
210		-	consistent with the public interest.
211		-	(c) If a certificate of relief from disabilities is not
212		-	issued at the time sentence is pronounced it shall only be
213		-	issued thereafter upon verified application to the court. The
214		-	court may, for the purpose of determining whether the
215		-	certificate shall be issued, request the probation or court
216		-	services department to conduct an investigation of the
217		-	applicant. Any probation officer requested to make an
218		-	investigation under this Section shall prepare and submit to
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	102	+	1 The judge shall listen to the tapes, determine if the
	103	+	2 conversations thereon are within his order or were
	104	+	3 appropriately made in emergency situations, and make a record
	105	+	4 of such determination to be retained with the tapes.
	106	+	5 The recordings shall be sealed under the instructions of
	107	+	6 the judge and custody shall be where he orders. Such
	108	+	7 recordings shall not be destroyed except upon order of the
	109	+	8 judge hearing the application and in any event shall be kept
	110	+	9 for 10 years if not destroyed upon his order.
	111	+	10 Duplicate recordings may be made for any use or disclosure
	112	+	11 authorized by this Article. The presence of the seal provided
	113	+	12 for in this Section or a satisfactory explanation for the
	114	+	13 absence thereof shall be a pre-requisite for the use or
	115	+	14 disclosure of the contents of the recordings or any evidence
	116	+	15 derived therefrom.
	117	+	16 (c) Applications made and orders granted under this
	118	+	17 Article shall be sealed by the judge. Custody of the
	119	+	18 applications and orders shall be wherever the judge requests.
	120	+	19 Such applications and orders shall be disclosed only upon a
	121	+	20 showing of good cause before a judge. Such documents shall not
	122	+	21 be destroyed except on the order of the issuing or denying
	123	+	22 judge or after the expiration of 10 years time if not destroyed
	124	+	23 upon his order.
	125	+	24 As used in this subsection, "sealed" has the same meaning
	126	+	25 as in paragraph (4) of subsection (b) of Section 5 of the Court
	127	+	26 Record and Document Accessibility Act.
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221		-	the court a written report in accordance with the request.
222		-	(d) Any court that has issued a certificate of relief from
223		-	disabilities may at any time issue a new certificate to
224		-	enlarge the relief previously granted provided that the
225		-	provisions of clauses (1) through (3) of subsection (b) of
226		-	this Section apply to the issuance of any such new
227		-	certificate.
228		-	(e) Any written report submitted to the court under this
229		-	Section is confidential and may not be made available to any
230		-	person or public or private agency except if specifically
231		-	required or permitted by statute or upon specific
232		-	authorization of the court. However, it shall be made
233		-	available by the court for examination by the applicant's
234		-	attorney, or the applicant himself or herself, if he or she has
235		-	no attorney. In its discretion, the court may except from
236		-	disclosure a part or parts of the report that are not relevant
237		-	to the granting of a certificate, or sources of information
238		-	which have been obtained on a promise of confidentiality, or
239		-	any other portion of the report, disclosure of which would not
240		-	be in the interest of justice. The action of the court
241		-	excepting information from disclosure shall be subject to
242		-	appellate review. The court, in its discretion, may hold a
243		-	conference in open court or in chambers to afford an applicant
244		-	an opportunity to controvert or to comment upon any portions
245		-	of the report. The court may also conduct a summary hearing at
246		-	the conference on any matter relevant to the granting of the
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249		-	application and may take testimony under oath.
250		-	As used in this subsection, "confidential" has the same
251		-	meaning as in paragraph (3) of subsection (b) of Section 5 of
252		-	the Court Record and Document Accessibility Act.
253		-	(f) An employer is not civilly or criminally liable for an
254		-	act or omission by an employee who has been issued a
255		-	certificate of relief from disabilities, except for a willful
256		-	or wanton act by the employer in hiring the employee who has
257		-	been issued a certificate of relief from disabilities.
258		-	(Source: P.A. 96-852, eff. 1-1-10.)
259		-	Section 35. The Stalking No Contact Order Act is amended
260		-	by changing Sections 20 and 95 as follows:
261		-	(740 ILCS 21/20)
262		-	Sec. 20. Commencement of action; filing fees.
263		-	(a) An action for a stalking no contact order is
264		-	commenced:
265		-	(1) independently, by filing a petition for a stalking
266		-	no contact order in any civil court, unless specific
267		-	courts are designated by local rule or order; or
268		-	(2) in conjunction with a delinquency petition or a
269		-	criminal prosecution as provided in Article 112A of the
270		-	Code of Criminal Procedure of 1963.
271		-	(a-1) A petition for a stalking no contact order may be
272		-	filed in person in-person or online.
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275		-	~~(a-~~5~~) When a petition for an emergency stalking no contact~~
276		-	~~order is filed,~~ ~~the petition and file shall not be public and~~
277		-	~~shall only be accessible to the court, law enforcement,~~
278		-	~~petitioner, victim advocate,~~ ~~counsel~~ of ~~record for either~~
279		-	~~party, and the State's Attorney for the county until the~~
280		-	~~petition is served on the respondent.~~
281		-	~~Accessibility to the petition and file under this~~
282		-	~~subsection prior to the petition being served on the~~
283		-	~~respondent shall be in accordance with Section 5 of~~ the ~~Court~~
284		-	~~Record~~ and ~~Document Accessibility Act.~~
285		-	~~(b) Withdrawal~~ or ~~dismissal of any petition for a stalking~~
286		-	~~no contact order prior~~ to ~~adjudication where the petitioner is~~
287		-	~~represented~~ by ~~the State shall operate as a dismissal without~~
288		-	~~prejudice. No action for~~ a ~~stalking no contact order shall be~~
289		-	~~dismissed because the respondent is being prosecuted for a~~
290		-	~~crime against the petitioner.~~ ~~For any action commenced under~~
291		-	~~item (2) of subsection (a) of this Section~~, ~~dismissal of the~~
292		-	~~conjoined case (~~or ~~a finding of not guilty) shall not require~~
293		-	~~dismissal~~ of the ~~action for a stalking no contact order;~~
294		-	~~instead, it may be treated as an independent action~~ and~~, if~~
295		-	~~necessary and appropriate~~, ~~transferred~~ to ~~a different court or~~
296		-	~~division.~~
297		-	~~(c) No fee shall be charged by the clerk of the court for~~
298		-	~~filing petitions or modifying or certifying orders.~~ ~~No fee~~
299		-	~~shall be charged by the sheriff for service by the sheriff~~ of a
300		-	~~petition, rule,~~ ~~motion,~~ or ~~order in an action commenced under~~
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	138	+	1 (Source: P.A. 79-1159.)
	139	+	2 Section 25. The Privacy of Child Victims of Criminal
	140	+	3 Sexual Offenses Act is amended by changing Section 3 as
	141	+	4 follows:
	142	+	5 (725 ILCS 190/3) (from Ch. 38, par. 1453)
	143	+	6 Sec. 3. Confidentiality of Law Enforcement and Court
	144	+	7 Records. Notwithstanding any other law to the contrary,
	145	+	8 inspection and copying of law enforcement records maintained
	146	+	9 by any law enforcement agency or all circuit court records
	147	+	10 maintained by any circuit clerk relating to any investigation
	148	+	11 or proceeding pertaining to a criminal sexual offense, by any
	149	+	12 person, except a judge, state's attorney, assistant state's
	150	+	13 attorney, Attorney General, Assistant Attorney General,
	151	+	14 psychologist, psychiatrist, social worker, doctor, parent,
	152	+	15 parole agent, aftercare specialist, probation officer,
	153	+	16 defendant, defendant's attorney, advocate, or victim's
	154	+	17 attorney (as defined in Section 3 of the Rights of Crime
	155	+	18 Victims and Witnesses Act) in any criminal proceeding or
	156	+	19 investigation related thereto, shall be restricted to exclude
	157	+	20 the identity of any child who is a victim of such criminal
	158	+	21 sexual offense or alleged criminal sexual offense unless a
	159	+	22 court order is issued authorizing the removal of such
	160	+	23 restriction as provided under this Section of a particular
	161	+	24 case record or particular records of cases maintained by any
301	162
302	163
303		-	this Section.
304		-	(d) The court shall provide, through the office of the
305		-	clerk of the court, simplified forms for filing of a petition
306		-	under this Section by any person not represented by counsel.
307		-	(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
308		-	102-853, eff. 1-1-23; revised 12-14-22.)
309		-	(740 ILCS 21/95)
310		-	Sec. 95. Emergency stalking no contact order.
311		-	(a) An emergency stalking no contact order shall issue if
312		-	the petitioner satisfies the requirements of this subsection
313		-	(a). The petitioner shall establish that:
314		-	(1) the court has jurisdiction under Section 50;
315		-	(2) the requirements of Section 80 are satisfied; and
316		-	(3) there is good cause to grant the remedy,
317		-	regardless of prior service of process or of notice upon
318		-	the respondent, because the harm which that remedy is
319		-	intended to prevent would be likely to occur if the
320		-	respondent were given any prior notice, or greater notice
321		-	than was actually given, of the petitioner's efforts to
322		-	obtain judicial relief.
323		-	An emergency stalking no contact order shall be issued by
324		-	the court if it appears from the contents of the petition and
325		-	the examination of the petitioner that the averments are
326		-	sufficient to indicate stalking by the respondent and to
327		-	support the granting of relief under the issuance of the
328	164
329	165
330		-	stalking no contact order.
331		-	An emergency stalking no contact order shall be issued if
332		-	the court finds that items (1), (2), and (3) of this subsection
333		-	(a) are met.
334		-	(a-5) When a petition for an emergency stalking no contact
335		-	order is granted, the petition, order, and file shall not be
336		-	public and shall only be accessible to the court, law
337		-	enforcement, petitioner, victim advocate, counsel of record
338		-	for either party, and the State's Attorney for the county
339		-	until the order is served on the respondent.
340		-	Accessibility to the petition, order, and file under this
341		-	subsection prior to the petition being served on the
342		-	respondent shall be in accordance with Section 5 of the Court
343		-	Record and Document Accessibility Act.
344		-	(b) If the respondent appears in court for this hearing
345		-	for an emergency order, he or she may elect to file a general
346		-	appearance and testify. Any resulting order may be an
347		-	emergency order, governed by this Section. Notwithstanding the
348		-	requirements of this Section, if all requirements of Section
349		-	100 have been met, the court may issue a plenary order.
350		-	(c) Emergency orders; court holidays and evenings.
351		-	(1) When the court is unavailable at the close of
352		-	business, the petitioner may file a petition for a 21-day
353		-	emergency order before any available circuit judge or
354		-	associate judge who may grant relief under this Act. If
355		-	the judge finds that there is an immediate and present
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356	168
357	169
358		-	danger of abuse against the petitioner and that the
359		-	petitioner has satisfied the prerequisites set forth in
360		-	subsection (a), that judge may issue an emergency stalking
361		-	no contact order.
362		-	(2) The chief judge of the circuit court may designate
363		-	for each county in the circuit at least one judge to be
364		-	reasonably available to issue orally, by telephone, by
365		-	facsimile, or otherwise, an emergency stalking no contact
366		-	order at all times, whether or not the court is in session.
367		-	(3) Any order issued under this Section and any
368		-	documentation in support of the order shall be certified
369		-	on the next court day to the appropriate court. The clerk
370		-	of that court shall immediately assign a case number, file
371		-	the petition, order, and other documents with the court,
372		-	and enter the order of record and file it with the sheriff
373		-	for service, in accordance with Section 60. Filing the
374		-	petition shall commence proceedings for further relief
375		-	under Section 20. Failure to comply with the requirements
376		-	of this paragraph (3) does not affect the validity of the
377		-	order.
378		-	(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
379		-	Section 40. The Civil No Contact Order Act is amended by
380		-	changing Sections 202 and 214 as follows:
381		-	(740 ILCS 22/202)
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	172	+	1 circuit court clerk. A court may, for the child's protection
	173	+	2 and for good cause shown, prohibit any person or agency
	174	+	3 present in court from further disclosing the child's identity.
	175	+	4 A court may prohibit such disclosure only after giving
	176	+	5 notice and a hearing to all affected parties. In determining
	177	+	6 whether to prohibit disclosure of the minor's identity, the
	178	+	7 court shall consider:
	179	+	8 (1) the best interest of the child; and
	180	+	9 (2) whether such nondisclosure would further a
	181	+	10 compelling State interest.
	182	+	11 When a criminal sexual offense is committed or alleged to
	183	+	12 have been committed by a school district employee or any
	184	+	13 individual contractually employed by a school district, a copy
	185	+	14 of the criminal history record information relating to the
	186	+	15 investigation of the offense or alleged offense shall be
	187	+	16 transmitted to the superintendent of schools of the district
	188	+	17 immediately upon request or if the law enforcement agency
	189	+	18 knows that a school district employee or any individual
	190	+	19 contractually employed by a school district has committed or
	191	+	20 is alleged to have committed a criminal sexual offense, the
	192	+	21 superintendent of schools of the district shall be immediately
	193	+	22 provided a copy of the criminal history record information.
	194	+	23 The copy of the criminal history record information to be
	195	+	24 provided under this Section shall exclude the identity of the
	196	+	25 child victim. The superintendent shall be restricted from
	197	+	26 revealing the identity of the victim. Nothing in this Article
382	198
383	199
384		-	Sec. 202. Commencement of action; filing fees.
385		-	(a) An action for a civil no contact order is commenced:
386		-	(1) independently, by filing a petition for a civil no
387		-	contact order in any civil court, unless specific courts
388		-	are designated by local rule or order; or
389		-	(2) in conjunction with a delinquency petition or a
390		-	criminal prosecution as provided in Article 112A of the
391		-	Code of Criminal Procedure of 1963.
392		-	(a-1) A petition for a civil no contact order may be filed
393		-	in person in-person or online.
394		-	(a-5) When a petition for an emergency civil no contact
395		-	order is filed, the petition and file shall not be public and
396		-	shall only be accessible to the court, law enforcement,
397		-	petitioner, rape crisis advocate, counsel of record for either
398		-	party, and the State's Attorney for the county until the
399		-	petition is served on the respondent.
400		-	Accessibility to the petition and file under this
401		-	subsection prior to the petition being served on the
402		-	respondent shall be in accordance with Section 5 of the Court
403		-	Record and Document Accessibility Act.
404		-	(b) Withdrawal or dismissal of any petition for a civil no
405		-	contact order prior to adjudication where the petitioner is
406		-	represented by the State shall operate as a dismissal without
407		-	prejudice. No action for a civil no contact order shall be
408		-	dismissed because the respondent is being prosecuted for a
409		-	crime against the petitioner. For any action commenced under
410	200
411	201
412		-	item (2) of subsection (a) of this Section, dismissal of the
413		-	conjoined case (or a finding of not guilty) shall not require
414		-	dismissal of the action for a civil no contact order; instead,
415		-	it may be treated as an independent action and, if necessary
416		-	and appropriate, transferred to a different court or division.
417		-	(c) No fee shall be charged by the clerk of the court for
418		-	filing petitions or modifying or certifying orders. No fee
419		-	shall be charged by the sheriff for service by the sheriff of a
420		-	petition, rule, motion, or order in an action commenced under
421		-	this Section.
422		-	(d) The court shall provide, through the office of the
423		-	clerk of the court, simplified forms for filing of a petition
424		-	under this Section by any person not represented by counsel.
425		-	(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
426		-	102-853, eff. 1-1-23; revised 12-14-22.)
427		-	(740 ILCS 22/214)
428		-	Sec. 214. Emergency civil no contact order.
429		-	(a) An emergency civil no contact order shall issue if the
430		-	petitioner satisfies the requirements of this subsection (a).
431		-	The petitioner shall establish that:
432		-	(1) the court has jurisdiction under Section 206;
433		-	(2) the requirements of Section 213 are satisfied; and
434		-	(3) there is good cause to grant the remedy,
435		-	regardless of prior service of process or of notice upon
436		-	the respondent, because the harm which that remedy is
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437	204
438	205
439		-	~~intended to prevent would be likely to occur if the~~
440		-	~~respondent were given any prior notice,~~ ~~or greater notice~~
441		-	~~than was actually given,~~ ~~of the petitioner's efforts~~ to
442		-	~~obtain judicial relief.~~
443		-	~~An emergency civil no contact order shall be issued by the~~
444		-	~~court if it appears from~~ the ~~contents~~ of ~~the petition and the~~
445		-	~~examination of the petitioner that the averments are~~
446		-	~~sufficient to indicate nonconsensual sexual conduct or~~
447		-	~~nonconsensual sexual penetration by the respondent and to~~
448		-	~~support~~ the ~~granting~~ of ~~relief under~~ the ~~issuance~~ of ~~the civil~~
449		-	~~no contact order.~~
450		-	~~An emergency civil no contact order shall be issued if the~~
451		-	court ~~finds~~ that ~~subsections (1)~~, ~~(2), and (3) above are met.~~
452		-	(~~a-5~~) ~~When a petition for a civil no contact order is~~
453		-	~~granted, the petition, order,~~ and ~~file shall not be public and~~
454		-	~~shall only be accessible to the court,~~ ~~law enforcement,~~
455		-	~~petitioner, rape crisis advocate,~~ ~~counsel of record for either~~
456		-	~~party, and~~ the ~~State's Attorney for~~ the ~~county until the~~
457		-	~~petition is served on the respondent.~~
458		-	~~Accessibility to~~ the ~~petition, order, and file under this~~
459		-	~~subsection prior to the petition being served on the~~
460		-	~~respondent shall be in accordance with Section~~ 5 ~~of the Court~~
461		-	~~Record and Document Accessibility Act.~~
462		-	~~(b) If the respondent appears in court for this hearing~~
463		-	~~for an emergency order,~~ ~~he or she may elect to file a general~~
464		-	~~appearance and testify~~. ~~Any resulting order may be an~~
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	208	+	1 precludes or may be used to preclude a mandated reporter from
	209	+	2 reporting child abuse or child neglect as required under the
	210	+	3 Abused and Neglected Child Reporting Act.
	211	+	4 For the purposes of this Act, "criminal history record
	212	+	5 information" means:
	213	+	6 (i) chronologically maintained arrest information,
	214	+	7 such as traditional arrest logs or blotters;
	215	+	8 (ii) the name of a person in the custody of a law
	216	+	9 enforcement agency and the charges for which that person
	217	+	10 is being held;
	218	+	11 (iii) court records that are public, as defined in
	219	+	12 paragraph (1) of subsection (b) of Section 5 of the Court
	220	+	13 Record and Document Accessibility Act;
	221	+	14 (iv) records that are otherwise available under State
	222	+	15 or local law; or
	223	+	16 (v) records in which the requesting party is the
	224	+	17 individual identified, except as provided under part (vii)
	225	+	18 of paragraph (c) of subsection (1) of Section 7 of the
	226	+	19 Freedom of Information Act.
	227	+	20 (Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
	228	+	21 Section 30. The Unified Code of Corrections is amended by
	229	+	22 changing Section 5-5.5-15 as follows:
	230	+	23 (730 ILCS 5/5-5.5-15)
	231	+	24 Sec. 5-5.5-15. Certificates of relief from disabilities
465	232
466	233
467		-	emergency order, governed by this Section. Notwithstanding the
468		-	requirements of this Section, if all requirements of Section
469		-	215 have been met, the court may issue a plenary order.
470		-	(c) Emergency orders; court holidays and evenings.
471		-	(1) When the court is unavailable at the close of
472		-	business, the petitioner may file a petition for a 21-day
473		-	emergency order before any available circuit judge or
474		-	associate judge who may grant relief under this Act. If
475		-	the judge finds that there is an immediate and present
476		-	danger of abuse against the petitioner and that the
477		-	petitioner has satisfied the prerequisites set forth in
478		-	subsection (a), that judge may issue an emergency civil no
479		-	contact order.
480		-	(2) The chief judge of the circuit court may designate
481		-	for each county in the circuit at least one judge to be
482		-	reasonably available to issue orally, by telephone, by
483		-	facsimile, or otherwise, an emergency civil no contact
484		-	order at all times, whether or not the court is in session.
485		-	(3) Any order issued under this Section and any
486		-	documentation in support of the order shall be certified
487		-	on the next court day to the appropriate court. The clerk
488		-	of that court shall immediately assign a case number, file
489		-	the petition, order, and other documents with the court,
490		-	and enter the order of record and file it with the sheriff
491		-	for service, in accordance with Section 222. Filing the
492		-	petition shall commence proceedings for further relief
493	234
494	235
495		-	under Section 202. Failure to comply with the requirements
496		-	of this paragraph (3) does not affect the validity of the
497		-	order.
498		-	(Source: P.A. 102-831, eff. 5-13-22.)
499		-	Section 45. The Mental Health and Developmental
500		-	Disabilities Confidentiality Act is amended by changing
501		-	Section 3 as follows:
502		-	(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
503		-	Sec. 3. (a) All records and communications shall be
504		-	confidential and shall not be disclosed except as provided in
505		-	this Act. Unless otherwise expressly provided for in this Act,
506		-	records and communications made or created in the course of
507		-	providing mental health or developmental disabilities services
508		-	shall be protected from disclosure regardless of whether the
509		-	records and communications are made or created in the course
510		-	of a therapeutic relationship.
511		-	As used in this subsection, "confidential" has the same
512		-	meaning as in paragraph (3) of subsection (b) of Section 5 of
513		-	the Court Record and Document Accessibility Act.
514		-	(b) A therapist is not required to but may, to the extent
515		-	he determines it necessary and appropriate, keep personal
516		-	notes regarding a recipient. Such personal notes are the work
517		-	product and personal property of the therapist and shall not
518		-	be subject to discovery in any judicial, administrative or
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519	238
520	239
521		-	legislative proceeding or any proceeding preliminary thereto.
522		-	(c) Psychological test material whose disclosure would
523		-	compromise the objectivity or fairness of the testing process
524		-	may not be disclosed to anyone including the subject of the
525		-	test and is not subject to disclosure in any administrative,
526		-	judicial or legislative proceeding. However, any recipient who
527		-	has been the subject of the psychological test shall have the
528		-	right to have all records relating to that test disclosed to
529		-	any psychologist designated by the recipient. Requests for
530		-	such disclosure shall be in writing and shall comply with the
531		-	requirements of subsection (b) of Section 5 of this Act.
532		-	(Source: P.A. 99-28, eff. 1-1-16.)
533		-	Section 50. The Communicable Disease Report Act is amended
534		-	by changing Section 1 as follows:
535		-	(745 ILCS 45/1) (from Ch. 126, par. 21)
536		-	Sec. 1. Whenever any statute of this State or any
537		-	ordinance or resolution of a municipal corporation or
538		-	political subdivision enacted pursuant to statute or any rule
539		-	of an administrative agency adopted pursuant to statute
540		-	requires medical practitioners or other persons to report
541		-	cases of injury, medical condition or procedure, communicable
542		-	disease, venereal disease, or sexually transmitted disease to
543		-	any governmental agency or officer, such reports shall be
544		-	confidential, and any medical practitioner or other person
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	242	+	1 issued by courts.
	243	+	2 (a) Any circuit court of this State may issue a
	244	+	3 certificate of relief from disabilities to an eligible
	245	+	4 offender for a conviction that occurred in that court if the
	246	+	5 court imposed the sentence. The certificate may be issued (i)
	247	+	6 at the time sentence is pronounced, in which case it may grant
	248	+	7 relief from disabilities, or (ii) at any time thereafter, in
	249	+	8 which case it shall apply only to disabilities.
	250	+	9 (b) The certificate may not be issued by the court unless
	251	+	10 the court is satisfied, based on clear and convincing
	252	+	11 evidence, that:
	253	+	12 (1) the person to whom it is to be granted is an
	254	+	13 eligible offender, as defined in Section 5-5.5-5;
	255	+	14 (2) the relief to be granted by the certificate is
	256	+	15 consistent with the rehabilitation of the eligible
	257	+	16 offender; and
	258	+	17 (3) the relief to be granted by the certificate is
	259	+	18 consistent with the public interest.
	260	+	19 (c) If a certificate of relief from disabilities is not
	261	+	20 issued at the time sentence is pronounced it shall only be
	262	+	21 issued thereafter upon verified application to the court. The
	263	+	22 court may, for the purpose of determining whether the
	264	+	23 certificate shall be issued, request the probation or court
	265	+	24 services department to conduct an investigation of the
	266	+	25 applicant. Any probation officer requested to make an
	267	+	26 investigation under this Section shall prepare and submit to
545	268
546	269
547		-	making such report in good faith shall be immune from suit for
548		-	slander or libel based upon any statements contained in such
549		-	report.
550		-	The identity of any individual who makes a report or who is
551		-	identified in a report of an injury, medical condition or
552		-	procedure, communicable disease, venereal disease, sexually
553		-	transmitted disease, or food-borne illness or an investigation
554		-	conducted pursuant to a report of an injury, medical condition
555		-	or procedure, communicable disease, venereal disease, sexually
556		-	transmitted disease, or food-borne illness shall be
557		-	confidential and the identity of any person making a report or
558		-	named therein shall not be disclosed publicly or in any action
559		-	of any kind in any court or before any tribunal, board or
560		-	agency; provided that records and communications concerning a
561		-	venereal disease or sexually transmitted disease in any minor
562		-	under 11 years of age shall be disclosed in accordance with the
563		-	provisions of the Abused and Neglected Child Reporting Act,
564		-	approved June 26, 1975, as now or hereafter amended.
565		-	The confidentiality provisions of this Act do not apply to
566		-	the results of tests for diseases conducted pursuant to
567		-	subsections (g) and (g-5) of Section 5-5-3 and subsection (a)
568		-	of Section 3-15-2 of the Unified Code of Corrections.
569		-	Nothing in this Act prohibits the sharing of information
570		-	as authorized in Section 2.1 of the Department of Public
571		-	Health Act.
572		-	As used in this Section, "confidential" has the same
573	270
574	271
575		-	meaning as in paragraph (3) of subsection (b) of Section 5 of
576		-	the Court Record and Document Accessibility Act.
577		-	(Source: P.A. 93-829, eff. 7-28-04.)
578		-	Section 55. The Illinois Domestic Violence Act of 1986 is
579		-	amended by changing Sections 202 and 217 as follows:
580		-	(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
581		-	Sec. 202. Commencement of action; filing fees; dismissal.
582		-	(a) How to commence action. Actions for orders of
583		-	protection are commenced:
584		-	(1) Independently: By filing a petition for an order
585		-	of protection in any civil court, unless specific courts
586		-	are designated by local rule or order.
587		-	(2) In conjunction with another civil proceeding: By
588		-	filing a petition for an order of protection under the
589		-	same case number as another civil proceeding involving the
590		-	parties, including, but not limited to: (i) any proceeding
591		-	under the Illinois Marriage and Dissolution of Marriage
592		-	Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
593		-	and Children Act, or Revised Uniform Reciprocal
594		-	Enforcement of Support Act or an action for nonsupport
595		-	brought under Article X of the Illinois Public Aid Code,
596		-	provided that a petitioner and the respondent are a party
597		-	to or the subject of that proceeding or (ii) a
598		-	guardianship proceeding under the Probate Act of 1975, or
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599	274
600	275
601		-	a proceeding for involuntary commitment under the Mental
602		-	Health and Developmental Disabilities Code, or any
603		-	proceeding, other than a delinquency petition, under the
604		-	Juvenile Court Act of 1987, provided that a petitioner or
605		-	the respondent is a party to or the subject of such
606		-	proceeding.
607		-	(3) In conjunction with a delinquency petition or a
608		-	criminal prosecution as provided in Section 112A-20 of the
609		-	Code of Criminal Procedure of 1963.
610		-	(a-1) A petition for an order of protection may be filed in
611		-	person in-person or online.
612		-	(a-5) When a petition for an emergency order of protection
613		-	is filed, the petition shall not be public publicly available
614		-	until the petition is served on the respondent.
615		-	Accessibility to the petition under this subsection prior
616		-	to the petition being served on the respondent shall be in
617		-	accordance with Section 5 of the Court Record and Document
618		-	Accessibility Act.
619		-	(b) Filing, certification, and service fees. No fee shall
620		-	be charged by the clerk for filing, amending, vacating,
621		-	certifying, or photocopying petitions or orders; or for
622		-	issuing alias summons; or for any related filing service. No
623		-	fee shall be charged by the sheriff for service by the sheriff
624		-	of a petition, rule, motion, or order in an action commenced
625		-	under this Section.
626		-	(c) Dismissal and consolidation. Withdrawal or dismissal
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	278	+	1 the court a written report in accordance with the request.
	279	+	2 (d) Any court that has issued a certificate of relief from
	280	+	3 disabilities may at any time issue a new certificate to
	281	+	4 enlarge the relief previously granted provided that the
	282	+	5 provisions of clauses (1) through (3) of subsection (b) of
	283	+	6 this Section apply to the issuance of any such new
	284	+	7 certificate.
	285	+	8 (e) Any written report submitted to the court under this
	286	+	9 Section is confidential and may not be made available to any
	287	+	10 person or public or private agency except if specifically
	288	+	11 required or permitted by statute or upon specific
	289	+	12 authorization of the court. However, it shall be made
	290	+	13 available by the court for examination by the applicant's
	291	+	14 attorney, or the applicant himself or herself, if he or she has
	292	+	15 no attorney. In its discretion, the court may except from
	293	+	16 disclosure a part or parts of the report that are not relevant
	294	+	17 to the granting of a certificate, or sources of information
	295	+	18 which have been obtained on a promise of confidentiality, or
	296	+	19 any other portion of the report, disclosure of which would not
	297	+	20 be in the interest of justice. The action of the court
	298	+	21 excepting information from disclosure shall be subject to
	299	+	22 appellate review. The court, in its discretion, may hold a
	300	+	23 conference in open court or in chambers to afford an applicant
	301	+	24 an opportunity to controvert or to comment upon any portions
	302	+	25 of the report. The court may also conduct a summary hearing at
	303	+	26 the conference on any matter relevant to the granting of the
627	304
628	305
629		-	of any petition for an order of protection prior to
630		-	adjudication where the petitioner is represented by the State
631		-	shall operate as a dismissal without prejudice. No action for
632		-	an order of protection shall be dismissed because the
633		-	respondent is being prosecuted for a crime against the
634		-	petitioner. An independent action may be consolidated with
635		-	another civil proceeding, as provided by paragraph (2) of
636		-	subsection (a) of this Section. For any action commenced under
637		-	paragraph (2) or (3) of subsection (a) of this Section,
638		-	dismissal of the conjoined case (or a finding of not guilty)
639		-	shall not require dismissal of the action for the order of
640		-	protection; instead, it may be treated as an independent
641		-	action and, if necessary and appropriate, transferred to a
642		-	different court or division. Dismissal of any conjoined case
643		-	shall not affect the validity of any previously issued order
644		-	of protection, and thereafter subsections (b)(1) and (b)(2) of
645		-	Section 220 shall be inapplicable to such order.
646		-	(d) Pro se petitions. The court shall provide, through the
647		-	office of the clerk of the court, simplified forms and
648		-	clerical assistance to help with the writing and filing of a
649		-	petition under this Section by any person not represented by
650		-	counsel. In addition, that assistance may be provided by the
651		-	State's Attorney state's attorney.
652		-	(e) As provided in this subsection, the administrative
653		-	director of the Administrative Office of the Illinois Courts,
654		-	with the approval of the administrative board of the courts,
655	306
656	307
657		-	may adopt rules to establish and implement a pilot program to
658		-	allow the electronic filing of petitions for temporary orders
659		-	of protection and the issuance of such orders by audio-visual
660		-	means to accommodate litigants for whom attendance in court to
661		-	file for and obtain emergency relief would constitute an undue
662		-	hardship or would constitute a risk of harm to the litigant.
663		-	(1) As used in this subsection:
664		-	(A) "Electronic means" means any method of
665		-	transmission of information between computers or other
666		-	machines designed for the purpose of sending or
667		-	receiving electronic transmission and that allows for
668		-	the recipient of information to reproduce the
669		-	information received in a tangible medium of
670		-	expression.
671		-	(B) "Independent audio-visual system" means an
672		-	electronic system for the transmission and receiving
673		-	of audio and visual signals, including those with the
674		-	means to preclude the unauthorized reception and
675		-	decoding of the signals by commercially available
676		-	television receivers, channel converters, or other
677		-	available receiving devices.
678		-	(C) "Electronic appearance" means an appearance in
679		-	which one or more of the parties are not present in the
680		-	court, but in which, by means of an independent
681		-	audio-visual system, all of the participants are
682		-	simultaneously able to see and hear reproductions of
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683	310
684	311
685		-	~~the voices and images of the judge,~~ ~~counsel, parties,~~
686		-	~~witnesses, and any other participants.~~
687		-	~~(2) Any pilot program~~ under ~~this subsection (e) shall~~
688		-	~~be developed by~~ the ~~administrative director or his or her~~
689		-	~~delegate~~ in ~~consultation with at least one local~~
690		-	~~organization providing assistance to domestic violence~~
691		-	~~victims. The program plan shall include, but~~ not be
692		-	~~limited to:~~
693		-	~~(A) identification~~ of ~~agencies equipped with or~~
694		-	~~that have access to an independent audio-visual~~ ~~system~~
695		-	~~and electronic means for filing documents;~~ ~~and~~
696		-	(B) ~~identification of one or more organizations~~
697		-	~~who are trained and available to assist petitioners in~~
698		-	~~preparing~~ and ~~filing petitions for temporary orders of~~
699		-	~~protection and in their electronic appearances before~~
700		-	~~the court to obtain such orders~~; ~~and~~
701		-	(C) ~~identification of the existing resources~~
702		-	~~available in local family courts for the~~
703		-	~~implementation and oversight of the pilot program;~~ ~~and~~
704		-	~~(D) procedures for filing petitions and documents~~
705		-	by ~~electronic means,~~ ~~swearing in the petitioners and~~
706		-	~~witnesses, preparation of~~ a ~~transcript of testimony~~
707		-	~~and evidence presented,~~ ~~and a prompt transmission~~ of
708		-	~~any orders issued to the parties;~~ ~~and~~
709		-	(E) a ~~timeline~~ for ~~implementation and~~ a ~~plan for~~
710		-	~~informing the public about the availability of the~~
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	313	+	HB2624 Enrolled - 10 - LRB103 30697 LNS 57170 b
	314	+	1 application and may take testimony under oath.
	315	+	2 As used in this subsection, "confidential" has the same
	316	+	3 meaning as in paragraph (3) of subsection (b) of Section 5 of
	317	+	4 the Court Record and Document Accessibility Act.
	318	+	5 (f) An employer is not civilly or criminally liable for an
	319	+	6 act or omission by an employee who has been issued a
	320	+	7 certificate of relief from disabilities, except for a willful
	321	+	8 or wanton act by the employer in hiring the employee who has
	322	+	9 been issued a certificate of relief from disabilities.
	323	+	10 (Source: P.A. 96-852, eff. 1-1-10.)
	324	+	11 Section 35. The Stalking No Contact Order Act is amended
	325	+	12 by changing Sections 20 and 95 as follows:
	326	+	13 (740 ILCS 21/20)
	327	+	14 Sec. 20. Commencement of action; filing fees.
	328	+	15 (a) An action for a stalking no contact order is
	329	+	16 commenced:
	330	+	17 (1) independently, by filing a petition for a stalking
	331	+	18 no contact order in any civil court, unless specific
	332	+	19 courts are designated by local rule or order; or
	333	+	20 (2) in conjunction with a delinquency petition or a
	334	+	21 criminal prosecution as provided in Article 112A of the
	335	+	22 Code of Criminal Procedure of 1963.
	336	+	23 (a-1) A petition for a stalking no contact order may be
	337	+	24 filed in person in-person or online.
711	338
712	339
713		-	program; and
714		-	(F) a description of the data to be collected in
715		-	order to evaluate and make recommendations for
716		-	improvements to the pilot program.
717		-	(3) In conjunction with an electronic appearance, any
718		-	petitioner for an ex parte temporary order of protection
719		-	may, using the assistance of a trained advocate if
720		-	necessary, commence the proceedings by filing a petition
721		-	by electronic means.
722		-	(A) A petitioner who is seeking an ex parte
723		-	temporary order of protection using an electronic
724		-	appearance must file a petition in advance of the
725		-	appearance and may do so electronically.
726		-	(B) The petitioner must show that traveling to or
727		-	appearing in court would constitute an undue hardship
728		-	or create a risk of harm to the petitioner. In granting
729		-	or denying any relief sought by the petitioner, the
730		-	court shall state the names of all participants and
731		-	whether it is granting or denying an appearance by
732		-	electronic means and the basis for such a
733		-	determination. A party is not required to file a
734		-	petition or other document by electronic means or to
735		-	testify by means of an electronic appearance.
736		-	(C) Nothing in this subsection (e) affects or
737		-	changes any existing laws governing the service of
738		-	process, including requirements for personal service
739	340
740	341
741		-	or the sealing and confidentiality of court records in
742		-	court proceedings or access to court records by the
743		-	parties to the proceedings.
744		-	(4) Appearances.
745		-	(A) All electronic appearances by a petitioner
746		-	seeking an ex parte temporary order of protection
747		-	under this subsection (e) are strictly voluntary and
748		-	the court shall obtain the consent of the petitioner
749		-	on the record at the commencement of each appearance.
750		-	(B) Electronic appearances under this subsection
751		-	(e) shall be recorded and preserved for transcription.
752		-	Documentary evidence, if any, referred to by a party
753		-	or witness or the court may be transmitted and
754		-	submitted and introduced by electronic means.
755		-	(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
756		-	revised 12-13-22.)
757		-	(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
758		-	Sec. 217. Emergency order of protection.
759		-	(a) Prerequisites. An emergency order of protection shall
760		-	issue if petitioner satisfies the requirements of this
761		-	subsection for one or more of the requested remedies. For each
762		-	remedy requested, the petitioner shall establish that:
763		-	(1) The court has jurisdiction under Section 208;
764		-	(2) The requirements of Section 214 are satisfied; and
765		-	(3) There is good cause to grant the remedy,
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766	344
767	345
768		-	regardless of prior service of process or of notice upon
769		-	the respondent, because:
770		-	(i) For the remedies of "prohibition of abuse"
771		-	described in Section 214(b)(1), "stay away order and
772		-	additional prohibitions" described in Section
773		-	214(b)(3), "removal or concealment of minor child"
774		-	described in Section 214(b)(8), "order to appear"
775		-	described in Section 214(b)(9), "physical care and
776		-	possession of the minor child" described in Section
777		-	214(b)(5), "protection of property" described in
778		-	Section 214(b)(11), "prohibition of entry" described
779		-	in Section 214(b)(14), "prohibition of firearm
780		-	possession" described in Section 214(b)(14.5),
781		-	"prohibition of access to records" described in
782		-	Section 214(b)(15), and "injunctive relief" described
783		-	in Section 214(b)(16), the harm which that remedy is
784		-	intended to prevent would be likely to occur if the
785		-	respondent were given any prior notice, or greater
786		-	notice than was actually given, of the petitioner's
787		-	efforts to obtain judicial relief;
788		-	(ii) For the remedy of "grant of exclusive
789		-	possession of residence" described in Section
790		-	214(b)(2), the immediate danger of further abuse of
791		-	the petitioner by the respondent, if the petitioner
792		-	chooses or had chosen to remain in the residence or
793		-	household while the respondent was given any prior
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	348	+	1 (a-5) When a petition for an emergency stalking no contact
	349	+	2 order is filed, the petition and file shall not be public and
	350	+	3 shall only be accessible to the court, law enforcement,
	351	+	4 petitioner, victim advocate, counsel of record for either
	352	+	5 party, and the State's Attorney for the county until the
	353	+	6 petition is served on the respondent.
	354	+	7 Accessibility to the petition and file under this
	355	+	8 subsection prior to the petition being served on the
	356	+	9 respondent shall be in accordance with Section 5 of the Court
	357	+	10 Record and Document Accessibility Act.
	358	+	11 (b) Withdrawal or dismissal of any petition for a stalking
	359	+	12 no contact order prior to adjudication where the petitioner is
	360	+	13 represented by the State shall operate as a dismissal without
	361	+	14 prejudice. No action for a stalking no contact order shall be
	362	+	15 dismissed because the respondent is being prosecuted for a
	363	+	16 crime against the petitioner. For any action commenced under
	364	+	17 item (2) of subsection (a) of this Section, dismissal of the
	365	+	18 conjoined case (or a finding of not guilty) shall not require
	366	+	19 dismissal of the action for a stalking no contact order;
	367	+	20 instead, it may be treated as an independent action and, if
	368	+	21 necessary and appropriate, transferred to a different court or
	369	+	22 division.
	370	+	23 (c) No fee shall be charged by the clerk of the court for
	371	+	24 filing petitions or modifying or certifying orders. No fee
	372	+	25 shall be charged by the sheriff for service by the sheriff of a
	373	+	26 petition, rule, motion, or order in an action commenced under
794	374
795	375
796		-	notice or greater notice than was actually given of
797		-	the petitioner's efforts to obtain judicial relief,
798		-	outweighs the hardships to the respondent of an
799		-	emergency order granting the petitioner exclusive
800		-	possession of the residence or household. This remedy
801		-	shall not be denied because the petitioner has or
802		-	could obtain temporary shelter elsewhere while prior
803		-	notice is given to the respondent, unless the
804		-	hardships to respondent from exclusion from the home
805		-	substantially outweigh those to the petitioner;
806		-	(iii) For the remedy of "possession of personal
807		-	property" described in Section 214(b)(10), improper
808		-	disposition of the personal property would be likely
809		-	to occur if the respondent were given any prior
810		-	notice, or greater notice than was actually given, of
811		-	the petitioner's efforts to obtain judicial relief, or
812		-	the petitioner has an immediate and pressing need for
813		-	possession of that property.
814		-	An emergency order may not include the counseling, legal
815		-	custody, payment of support, or monetary compensation
816		-	remedies.
817		-	(a-5) When a petition for an emergency order of protection
818		-	is granted, the order and file shall not be public and shall
819		-	only be accessible to the court, the petitioner, law
820		-	enforcement, a domestic violence advocate or counselor, the
821		-	counsel of record for either party, and the State's Attorney
822	376
823	377
824		-	for the county until the order is served on the respondent.
825		-	Accessibility to the order and file under this subsection
826		-	prior to the order being served on the respondent shall be in
827		-	accordance with Section 5 of the Court Record and Document
828		-	Accessibility Act.
829		-	(b) Appearance by respondent. If the respondent appears in
830		-	court for this hearing for an emergency order, he or she may
831		-	elect to file a general appearance and testify. Any resulting
832		-	order may be an emergency order, governed by this Section.
833		-	Notwithstanding the requirements of this Section, if all
834		-	requirements of Section 218 have been met, the court may issue
835		-	a 30-day interim order.
836		-	(c) Emergency orders: court holidays and evenings.
837		-	(1) Prerequisites. When the court is unavailable at
838		-	the close of business, the petitioner may file a petition
839		-	for a 21-day emergency order before any available circuit
840		-	judge or associate judge who may grant relief under this
841		-	Act. If the judge finds that there is an immediate and
842		-	present danger of abuse to the petitioner and that the
843		-	petitioner has satisfied the prerequisites set forth in
844		-	subsection (a) of Section 217, that judge may issue an
845		-	emergency order of protection.
846		-	(1.5) Issuance of order. The chief judge of the
847		-	circuit court may designate for each county in the circuit
848		-	at least one judge to be reasonably available to issue
849		-	orally, by telephone, by facsimile, or otherwise, an
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850	380
851	381
852		-	emergency order of protection at all times, whether or not
853		-	the court is in session.
854		-	(2) Certification and transfer. The judge who issued
855		-	the order under this Section shall promptly communicate or
856		-	convey the order to the sheriff to facilitate the entry of
857		-	the order into the Law Enforcement Agencies Data System by
858		-	the Illinois State Police pursuant to Section 302. Any
859		-	order issued under this Section and any documentation in
860		-	support thereof shall be certified on the next court day
861		-	to the appropriate court. The clerk of that court shall
862		-	immediately assign a case number, file the petition, order
863		-	and other documents with the court, and enter the order of
864		-	record and file it with the sheriff for service, in
865		-	accordance with Section 222. Filing the petition shall
866		-	commence proceedings for further relief under Section 202.
867		-	Failure to comply with the requirements of this subsection
868		-	shall not affect the validity of the order.
869		-	(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
870		-	102-831, eff. 5-13-22; revised 7-29-22.)
871		-	Section 60. The Probate Act of 1975 is amended by changing
872		-	Section 11a-9 as follows:
873		-	(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
874		-	Sec. 11a-9. Report.
875		-	(a) The petition for adjudication of disability and for
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	384	+	1 this Section.
	385	+	2 (d) The court shall provide, through the office of the
	386	+	3 clerk of the court, simplified forms for filing of a petition
	387	+	4 under this Section by any person not represented by counsel.
	388	+	5 (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
	389	+	6 102-853, eff. 1-1-23; revised 12-14-22.)
	390	+	7 (740 ILCS 21/95)
	391	+	8 Sec. 95. Emergency stalking no contact order.
	392	+	9 (a) An emergency stalking no contact order shall issue if
	393	+	10 the petitioner satisfies the requirements of this subsection
	394	+	11 (a). The petitioner shall establish that:
	395	+	12 (1) the court has jurisdiction under Section 50;
	396	+	13 (2) the requirements of Section 80 are satisfied; and
	397	+	14 (3) there is good cause to grant the remedy,
	398	+	15 regardless of prior service of process or of notice upon
	399	+	16 the respondent, because the harm which that remedy is
	400	+	17 intended to prevent would be likely to occur if the
	401	+	18 respondent were given any prior notice, or greater notice
	402	+	19 than was actually given, of the petitioner's efforts to
	403	+	20 obtain judicial relief.
	404	+	21 An emergency stalking no contact order shall be issued by
	405	+	22 the court if it appears from the contents of the petition and
	406	+	23 the examination of the petitioner that the averments are
	407	+	24 sufficient to indicate stalking by the respondent and to
	408	+	25 support the granting of relief under the issuance of the
876	409
877	410
878		-	appointment of a guardian should be accompanied by a report
879		-	which contains (1) a description of the nature and type of the
880		-	respondent's disability and an assessment of how the
881		-	disability impacts on the ability of the respondent to make
882		-	decisions or to function independently; (2) an analysis and
883		-	results of evaluations of the respondent's mental and physical
884		-	condition and, where appropriate, educational condition,
885		-	adaptive behavior and social skills, which have been performed
886		-	within 3 months of the date of the filing of the petition, or,
887		-	in the case of an intellectual disability, a psychological
888		-	evaluation of the respondent that has been performed by a
889		-	clinical psychologist licensed under the Clinical Psychologist
890		-	Licensing Act, within one year of the date of the filing of the
891		-	petition; (3) an opinion as to whether guardianship is needed,
892		-	the type and scope of the guardianship needed, and the reasons
893		-	therefor; (4) a recommendation as to the most suitable living
894		-	arrangement and, where appropriate, treatment or habilitation
895		-	plan for the respondent and the reasons therefor; (5) the
896		-	name, business address, business telephone number, and
897		-	signatures of all persons who performed the evaluations upon
898		-	which the report is based, one of whom shall be a licensed
899		-	physician, or may, in the case of an intellectual disability,
900		-	be a clinical psychologist licensed under the Clinical
901		-	Psychologist Licensing Act, and a statement of the
902		-	certification, license, or other credentials that qualify the
903		-	evaluators who prepared the report.
904	411
905	412
906		-	(b) If for any reason no report accompanies the petition,
907		-	the court shall order appropriate evaluations to be performed
908		-	by a qualified person or persons and a report prepared and
909		-	filed with the court at least 10 days prior to the hearing.
910		-	(b-5) Upon oral or written motion by the respondent or the
911		-	guardian ad litem or upon the court's own motion, the court
912		-	shall appoint one or more independent experts to examine the
913		-	respondent. Upon the filing with the court of a verified
914		-	statement of services rendered by the expert or experts, the
915		-	court shall determine a reasonable fee for the services
916		-	performed. If the respondent is unable to pay the fee, the
917		-	court may enter an order upon the petitioner to pay the entire
918		-	fee or such amount as the respondent is unable to pay. However,
919		-	in cases where the Office of State Guardian is the petitioner,
920		-	consistent with Section 30 of the Guardianship and Advocacy
921		-	Act, no expert services fees shall be assessed against the
922		-	Office of the State Guardian.
923		-	(c) Unless the court otherwise directs, any report
924		-	prepared pursuant to this Section shall not be made part of the
925		-	public record of the proceedings but shall be available to the
926		-	court or an appellate court in which the proceedings are
927		-	subject to review, to the respondent, the petitioner, the
928		-	guardian, and their attorneys, to the respondent's guardian ad
929		-	litem, and to such other persons as the court may direct.
930		-	Accessibility to a report prepared pursuant to this
931		-	Section shall be in accordance with Section 5 of the Court
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932	415
933	416
934		-	Record and Document Accessibility Act.
935		-	(Source: P.A. 102-109, eff. 1-1-22.)
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	419	+	1 stalking no contact order.
	420	+	2 An emergency stalking no contact order shall be issued if
	421	+	3 the court finds that items (1), (2), and (3) of this subsection
	422	+	4 (a) are met.
	423	+	5 (a-5) When a petition for an emergency stalking no contact
	424	+	6 order is granted, the petition, order, and file shall not be
	425	+	7 public and shall only be accessible to the court, law
	426	+	8 enforcement, petitioner, victim advocate, counsel of record
	427	+	9 for either party, and the State's Attorney for the county
	428	+	10 until the order is served on the respondent.
	429	+	11 Accessibility to the petition, order, and file under this
	430	+	12 subsection prior to the petition being served on the
	431	+	13 respondent shall be in accordance with Section 5 of the Court
	432	+	14 Record and Document Accessibility Act.
	433	+	15 (b) If the respondent appears in court for this hearing
	434	+	16 for an emergency order, he or she may elect to file a general
	435	+	17 appearance and testify. Any resulting order may be an
	436	+	18 emergency order, governed by this Section. Notwithstanding the
	437	+	19 requirements of this Section, if all requirements of Section
	438	+	20 100 have been met, the court may issue a plenary order.
	439	+	21 (c) Emergency orders; court holidays and evenings.
	440	+	22 (1) When the court is unavailable at the close of
	441	+	23 business, the petitioner may file a petition for a 21-day
	442	+	24 emergency order before any available circuit judge or
	443	+	25 associate judge who may grant relief under this Act. If
	444	+	26 the judge finds that there is an immediate and present
	445	+
	446	+
	447	+
	448	+
	449	+
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	451	+
	452	+
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	455	+	1 danger of abuse against the petitioner and that the
	456	+	2 petitioner has satisfied the prerequisites set forth in
	457	+	3 subsection (a), that judge may issue an emergency stalking
	458	+	4 no contact order.
	459	+	5 (2) The chief judge of the circuit court may designate
	460	+	6 for each county in the circuit at least one judge to be
	461	+	7 reasonably available to issue orally, by telephone, by
	462	+	8 facsimile, or otherwise, an emergency stalking no contact
	463	+	9 order at all times, whether or not the court is in session.
	464	+	10 (3) Any order issued under this Section and any
	465	+	11 documentation in support of the order shall be certified
	466	+	12 on the next court day to the appropriate court. The clerk
	467	+	13 of that court shall immediately assign a case number, file
	468	+	14 the petition, order, and other documents with the court,
	469	+	15 and enter the order of record and file it with the sheriff
	470	+	16 for service, in accordance with Section 60. Filing the
	471	+	17 petition shall commence proceedings for further relief
	472	+	18 under Section 20. Failure to comply with the requirements
	473	+	19 of this paragraph (3) does not affect the validity of the
	474	+	20 order.
	475	+	21 (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
	476	+	22 Section 40. The Civil No Contact Order Act is amended by
	477	+	23 changing Sections 202 and 214 as follows:
	478	+	24 (740 ILCS 22/202)
	479	+
	480	+
	481	+
	482	+
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	485	+
	486	+
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	489	+	1 Sec. 202. Commencement of action; filing fees.
	490	+	2 (a) An action for a civil no contact order is commenced:
	491	+	3 (1) independently, by filing a petition for a civil no
	492	+	4 contact order in any civil court, unless specific courts
	493	+	5 are designated by local rule or order; or
	494	+	6 (2) in conjunction with a delinquency petition or a
	495	+	7 criminal prosecution as provided in Article 112A of the
	496	+	8 Code of Criminal Procedure of 1963.
	497	+	9 (a-1) A petition for a civil no contact order may be filed
	498	+	10 in person in-person or online.
	499	+	11 (a-5) When a petition for an emergency civil no contact
	500	+	12 order is filed, the petition and file shall not be public and
	501	+	13 shall only be accessible to the court, law enforcement,
	502	+	14 petitioner, rape crisis advocate, counsel of record for either
	503	+	15 party, and the State's Attorney for the county until the
	504	+	16 petition is served on the respondent.
	505	+	17 Accessibility to the petition and file under this
	506	+	18 subsection prior to the petition being served on the
	507	+	19 respondent shall be in accordance with Section 5 of the Court
	508	+	20 Record and Document Accessibility Act.
	509	+	21 (b) Withdrawal or dismissal of any petition for a civil no
	510	+	22 contact order prior to adjudication where the petitioner is
	511	+	23 represented by the State shall operate as a dismissal without
	512	+	24 prejudice. No action for a civil no contact order shall be
	513	+	25 dismissed because the respondent is being prosecuted for a
	514	+	26 crime against the petitioner. For any action commenced under
	515	+
	516	+
	517	+
	518	+
	519	+
	520	+	HB2624 Enrolled - 15 - LRB103 30697 LNS 57170 b
	521	+
	522	+
	523	+	HB2624 Enrolled- 16 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 16 - LRB103 30697 LNS 57170 b
	524	+	HB2624 Enrolled - 16 - LRB103 30697 LNS 57170 b
	525	+	1 item (2) of subsection (a) of this Section, dismissal of the
	526	+	2 conjoined case (or a finding of not guilty) shall not require
	527	+	3 dismissal of the action for a civil no contact order; instead,
	528	+	4 it may be treated as an independent action and, if necessary
	529	+	5 and appropriate, transferred to a different court or division.
	530	+	6 (c) No fee shall be charged by the clerk of the court for
	531	+	7 filing petitions or modifying or certifying orders. No fee
	532	+	8 shall be charged by the sheriff for service by the sheriff of a
	533	+	9 petition, rule, motion, or order in an action commenced under
	534	+	10 this Section.
	535	+	11 (d) The court shall provide, through the office of the
	536	+	12 clerk of the court, simplified forms for filing of a petition
	537	+	13 under this Section by any person not represented by counsel.
	538	+	14 (Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
	539	+	15 102-853, eff. 1-1-23; revised 12-14-22.)
	540	+	16 (740 ILCS 22/214)
	541	+	17 Sec. 214. Emergency civil no contact order.
	542	+	18 (a) An emergency civil no contact order shall issue if the
	543	+	19 petitioner satisfies the requirements of this subsection (a).
	544	+	20 The petitioner shall establish that:
	545	+	21 (1) the court has jurisdiction under Section 206;
	546	+	22 (2) the requirements of Section 213 are satisfied; and
	547	+	23 (3) there is good cause to grant the remedy,
	548	+	24 regardless of prior service of process or of notice upon
	549	+	25 the respondent, because the harm which that remedy is
	550	+
	551	+
	552	+
	553	+
	554	+
	555	+	HB2624 Enrolled - 16 - LRB103 30697 LNS 57170 b
	556	+
	557	+
	558	+	HB2624 Enrolled- 17 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 17 - LRB103 30697 LNS 57170 b
	559	+	HB2624 Enrolled - 17 - LRB103 30697 LNS 57170 b
	560	+	1 intended to prevent would be likely to occur if the
	561	+	2 respondent were given any prior notice, or greater notice
	562	+	3 than was actually given, of the petitioner's efforts to
	563	+	4 obtain judicial relief.
	564	+	5 An emergency civil no contact order shall be issued by the
	565	+	6 court if it appears from the contents of the petition and the
	566	+	7 examination of the petitioner that the averments are
	567	+	8 sufficient to indicate nonconsensual sexual conduct or
	568	+	9 nonconsensual sexual penetration by the respondent and to
	569	+	10 support the granting of relief under the issuance of the civil
	570	+	11 no contact order.
	571	+	12 An emergency civil no contact order shall be issued if the
	572	+	13 court finds that subsections (1), (2), and (3) above are met.
	573	+	14 (a-5) When a petition for a civil no contact order is
	574	+	15 granted, the petition, order, and file shall not be public and
	575	+	16 shall only be accessible to the court, law enforcement,
	576	+	17 petitioner, rape crisis advocate, counsel of record for either
	577	+	18 party, and the State's Attorney for the county until the
	578	+	19 petition is served on the respondent.
	579	+	20 Accessibility to the petition, order, and file under this
	580	+	21 subsection prior to the petition being served on the
	581	+	22 respondent shall be in accordance with Section 5 of the Court
	582	+	23 Record and Document Accessibility Act.
	583	+	24 (b) If the respondent appears in court for this hearing
	584	+	25 for an emergency order, he or she may elect to file a general
	585	+	26 appearance and testify. Any resulting order may be an
	586	+
	587	+
	588	+
	589	+
	590	+
	591	+	HB2624 Enrolled - 17 - LRB103 30697 LNS 57170 b
	592	+
	593	+
	594	+	HB2624 Enrolled- 18 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 18 - LRB103 30697 LNS 57170 b
	595	+	HB2624 Enrolled - 18 - LRB103 30697 LNS 57170 b
	596	+	1 emergency order, governed by this Section. Notwithstanding the
	597	+	2 requirements of this Section, if all requirements of Section
	598	+	3 215 have been met, the court may issue a plenary order.
	599	+	4 (c) Emergency orders; court holidays and evenings.
	600	+	5 (1) When the court is unavailable at the close of
	601	+	6 business, the petitioner may file a petition for a 21-day
	602	+	7 emergency order before any available circuit judge or
	603	+	8 associate judge who may grant relief under this Act. If
	604	+	9 the judge finds that there is an immediate and present
	605	+	10 danger of abuse against the petitioner and that the
	606	+	11 petitioner has satisfied the prerequisites set forth in
	607	+	12 subsection (a), that judge may issue an emergency civil no
	608	+	13 contact order.
	609	+	14 (2) The chief judge of the circuit court may designate
	610	+	15 for each county in the circuit at least one judge to be
	611	+	16 reasonably available to issue orally, by telephone, by
	612	+	17 facsimile, or otherwise, an emergency civil no contact
	613	+	18 order at all times, whether or not the court is in session.
	614	+	19 (3) Any order issued under this Section and any
	615	+	20 documentation in support of the order shall be certified
	616	+	21 on the next court day to the appropriate court. The clerk
	617	+	22 of that court shall immediately assign a case number, file
	618	+	23 the petition, order, and other documents with the court,
	619	+	24 and enter the order of record and file it with the sheriff
	620	+	25 for service, in accordance with Section 222. Filing the
	621	+	26 petition shall commence proceedings for further relief
	622	+
	623	+
	624	+
	625	+
	626	+
	627	+	HB2624 Enrolled - 18 - LRB103 30697 LNS 57170 b
	628	+
	629	+
	630	+	HB2624 Enrolled- 19 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 19 - LRB103 30697 LNS 57170 b
	631	+	HB2624 Enrolled - 19 - LRB103 30697 LNS 57170 b
	632	+	1 under Section 202. Failure to comply with the requirements
	633	+	2 of this paragraph (3) does not affect the validity of the
	634	+	3 order.
	635	+	4 (Source: P.A. 102-831, eff. 5-13-22.)
	636	+	5 Section 45. The Mental Health and Developmental
	637	+	6 Disabilities Confidentiality Act is amended by changing
	638	+	7 Section 3 as follows:
	639	+	8 (740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
	640	+	9 Sec. 3. (a) All records and communications shall be
	641	+	10 confidential and shall not be disclosed except as provided in
	642	+	11 this Act. Unless otherwise expressly provided for in this Act,
	643	+	12 records and communications made or created in the course of
	644	+	13 providing mental health or developmental disabilities services
	645	+	14 shall be protected from disclosure regardless of whether the
	646	+	15 records and communications are made or created in the course
	647	+	16 of a therapeutic relationship.
	648	+	17 As used in this subsection, "confidential" has the same
	649	+	18 meaning as in paragraph (3) of subsection (b) of Section 5 of
	650	+	19 the Court Record and Document Accessibility Act.
	651	+	20 (b) A therapist is not required to but may, to the extent
	652	+	21 he determines it necessary and appropriate, keep personal
	653	+	22 notes regarding a recipient. Such personal notes are the work
	654	+	23 product and personal property of the therapist and shall not
	655	+	24 be subject to discovery in any judicial, administrative or
	656	+
	657	+
	658	+
	659	+
	660	+
	661	+	HB2624 Enrolled - 19 - LRB103 30697 LNS 57170 b
	662	+
	663	+
	664	+	HB2624 Enrolled- 20 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 20 - LRB103 30697 LNS 57170 b
	665	+	HB2624 Enrolled - 20 - LRB103 30697 LNS 57170 b
	666	+	1 legislative proceeding or any proceeding preliminary thereto.
	667	+	2 (c) Psychological test material whose disclosure would
	668	+	3 compromise the objectivity or fairness of the testing process
	669	+	4 may not be disclosed to anyone including the subject of the
	670	+	5 test and is not subject to disclosure in any administrative,
	671	+	6 judicial or legislative proceeding. However, any recipient who
	672	+	7 has been the subject of the psychological test shall have the
	673	+	8 right to have all records relating to that test disclosed to
	674	+	9 any psychologist designated by the recipient. Requests for
	675	+	10 such disclosure shall be in writing and shall comply with the
	676	+	11 requirements of subsection (b) of Section 5 of this Act.
	677	+	12 (Source: P.A. 99-28, eff. 1-1-16.)
	678	+	13 Section 50. The Communicable Disease Report Act is amended
	679	+	14 by changing Section 1 as follows:
	680	+	15 (745 ILCS 45/1) (from Ch. 126, par. 21)
	681	+	16 Sec. 1. Whenever any statute of this State or any
	682	+	17 ordinance or resolution of a municipal corporation or
	683	+	18 political subdivision enacted pursuant to statute or any rule
	684	+	19 of an administrative agency adopted pursuant to statute
	685	+	20 requires medical practitioners or other persons to report
	686	+	21 cases of injury, medical condition or procedure, communicable
	687	+	22 disease, venereal disease, or sexually transmitted disease to
	688	+	23 any governmental agency or officer, such reports shall be
	689	+	24 confidential, and any medical practitioner or other person
	690	+
	691	+
	692	+
	693	+
	694	+
	695	+	HB2624 Enrolled - 20 - LRB103 30697 LNS 57170 b
	696	+
	697	+
	698	+	HB2624 Enrolled- 21 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 21 - LRB103 30697 LNS 57170 b
	699	+	HB2624 Enrolled - 21 - LRB103 30697 LNS 57170 b
	700	+	1 making such report in good faith shall be immune from suit for
	701	+	2 slander or libel based upon any statements contained in such
	702	+	3 report.
	703	+	4 The identity of any individual who makes a report or who is
	704	+	5 identified in a report of an injury, medical condition or
	705	+	6 procedure, communicable disease, venereal disease, sexually
	706	+	7 transmitted disease, or food-borne illness or an investigation
	707	+	8 conducted pursuant to a report of an injury, medical condition
	708	+	9 or procedure, communicable disease, venereal disease, sexually
	709	+	10 transmitted disease, or food-borne illness shall be
	710	+	11 confidential and the identity of any person making a report or
	711	+	12 named therein shall not be disclosed publicly or in any action
	712	+	13 of any kind in any court or before any tribunal, board or
	713	+	14 agency; provided that records and communications concerning a
	714	+	15 venereal disease or sexually transmitted disease in any minor
	715	+	16 under 11 years of age shall be disclosed in accordance with the
	716	+	17 provisions of the Abused and Neglected Child Reporting Act,
	717	+	18 approved June 26, 1975, as now or hereafter amended.
	718	+	19 The confidentiality provisions of this Act do not apply to
	719	+	20 the results of tests for diseases conducted pursuant to
	720	+	21 subsections (g) and (g-5) of Section 5-5-3 and subsection (a)
	721	+	22 of Section 3-15-2 of the Unified Code of Corrections.
	722	+	23 Nothing in this Act prohibits the sharing of information
	723	+	24 as authorized in Section 2.1 of the Department of Public
	724	+	25 Health Act.
	725	+	26 As used in this Section, "confidential" has the same
	726	+
	727	+
	728	+
	729	+
	730	+
	731	+	HB2624 Enrolled - 21 - LRB103 30697 LNS 57170 b
	732	+
	733	+
	734	+	HB2624 Enrolled- 22 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 22 - LRB103 30697 LNS 57170 b
	735	+	HB2624 Enrolled - 22 - LRB103 30697 LNS 57170 b
	736	+	1 meaning as in paragraph (3) of subsection (b) of Section 5 of
	737	+	2 the Court Record and Document Accessibility Act.
	738	+	3 (Source: P.A. 93-829, eff. 7-28-04.)
	739	+	4 Section 55. The Illinois Domestic Violence Act of 1986 is
	740	+	5 amended by changing Sections 202 and 217 as follows:
	741	+	6 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
	742	+	7 Sec. 202. Commencement of action; filing fees; dismissal.
	743	+	8 (a) How to commence action. Actions for orders of
	744	+	9 protection are commenced:
	745	+	10 (1) Independently: By filing a petition for an order
	746	+	11 of protection in any civil court, unless specific courts
	747	+	12 are designated by local rule or order.
	748	+	13 (2) In conjunction with another civil proceeding: By
	749	+	14 filing a petition for an order of protection under the
	750	+	15 same case number as another civil proceeding involving the
	751	+	16 parties, including, but not limited to: (i) any proceeding
	752	+	17 under the Illinois Marriage and Dissolution of Marriage
	753	+	18 Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
	754	+	19 and Children Act, or Revised Uniform Reciprocal
	755	+	20 Enforcement of Support Act or an action for nonsupport
	756	+	21 brought under Article X of the Illinois Public Aid Code,
	757	+	22 provided that a petitioner and the respondent are a party
	758	+	23 to or the subject of that proceeding or (ii) a
	759	+	24 guardianship proceeding under the Probate Act of 1975, or
	760	+
	761	+
	762	+
	763	+
	764	+
	765	+	HB2624 Enrolled - 22 - LRB103 30697 LNS 57170 b
	766	+
	767	+
	768	+	HB2624 Enrolled- 23 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 23 - LRB103 30697 LNS 57170 b
	769	+	HB2624 Enrolled - 23 - LRB103 30697 LNS 57170 b
	770	+	1 a proceeding for involuntary commitment under the Mental
	771	+	2 Health and Developmental Disabilities Code, or any
	772	+	3 proceeding, other than a delinquency petition, under the
	773	+	4 Juvenile Court Act of 1987, provided that a petitioner or
	774	+	5 the respondent is a party to or the subject of such
	775	+	6 proceeding.
	776	+	7 (3) In conjunction with a delinquency petition or a
	777	+	8 criminal prosecution as provided in Section 112A-20 of the
	778	+	9 Code of Criminal Procedure of 1963.
	779	+	10 (a-1) A petition for an order of protection may be filed in
	780	+	11 person in-person or online.
	781	+	12 (a-5) When a petition for an emergency order of protection
	782	+	13 is filed, the petition shall not be public publicly available
	783	+	14 until the petition is served on the respondent.
	784	+	15 Accessibility to the petition under this subsection prior
	785	+	16 to the petition being served on the respondent shall be in
	786	+	17 accordance with Section 5 of the Court Record and Document
	787	+	18 Accessibility Act.
	788	+	19 (b) Filing, certification, and service fees. No fee shall
	789	+	20 be charged by the clerk for filing, amending, vacating,
	790	+	21 certifying, or photocopying petitions or orders; or for
	791	+	22 issuing alias summons; or for any related filing service. No
	792	+	23 fee shall be charged by the sheriff for service by the sheriff
	793	+	24 of a petition, rule, motion, or order in an action commenced
	794	+	25 under this Section.
	795	+	26 (c) Dismissal and consolidation. Withdrawal or dismissal
	796	+
	797	+
	798	+
	799	+
	800	+
	801	+	HB2624 Enrolled - 23 - LRB103 30697 LNS 57170 b
	802	+
	803	+
	804	+	HB2624 Enrolled- 24 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 24 - LRB103 30697 LNS 57170 b
	805	+	HB2624 Enrolled - 24 - LRB103 30697 LNS 57170 b
	806	+	1 of any petition for an order of protection prior to
	807	+	2 adjudication where the petitioner is represented by the State
	808	+	3 shall operate as a dismissal without prejudice. No action for
	809	+	4 an order of protection shall be dismissed because the
	810	+	5 respondent is being prosecuted for a crime against the
	811	+	6 petitioner. An independent action may be consolidated with
	812	+	7 another civil proceeding, as provided by paragraph (2) of
	813	+	8 subsection (a) of this Section. For any action commenced under
	814	+	9 paragraph (2) or (3) of subsection (a) of this Section,
	815	+	10 dismissal of the conjoined case (or a finding of not guilty)
	816	+	11 shall not require dismissal of the action for the order of
	817	+	12 protection; instead, it may be treated as an independent
	818	+	13 action and, if necessary and appropriate, transferred to a
	819	+	14 different court or division. Dismissal of any conjoined case
	820	+	15 shall not affect the validity of any previously issued order
	821	+	16 of protection, and thereafter subsections (b)(1) and (b)(2) of
	822	+	17 Section 220 shall be inapplicable to such order.
	823	+	18 (d) Pro se petitions. The court shall provide, through the
	824	+	19 office of the clerk of the court, simplified forms and
	825	+	20 clerical assistance to help with the writing and filing of a
	826	+	21 petition under this Section by any person not represented by
	827	+	22 counsel. In addition, that assistance may be provided by the
	828	+	23 State's Attorney state's attorney.
	829	+	24 (e) As provided in this subsection, the administrative
	830	+	25 director of the Administrative Office of the Illinois Courts,
	831	+	26 with the approval of the administrative board of the courts,
	832	+
	833	+
	834	+
	835	+
	836	+
	837	+	HB2624 Enrolled - 24 - LRB103 30697 LNS 57170 b
	838	+
	839	+
	840	+	HB2624 Enrolled- 25 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 25 - LRB103 30697 LNS 57170 b
	841	+	HB2624 Enrolled - 25 - LRB103 30697 LNS 57170 b
	842	+	1 may adopt rules to establish and implement a pilot program to
	843	+	2 allow the electronic filing of petitions for temporary orders
	844	+	3 of protection and the issuance of such orders by audio-visual
	845	+	4 means to accommodate litigants for whom attendance in court to
	846	+	5 file for and obtain emergency relief would constitute an undue
	847	+	6 hardship or would constitute a risk of harm to the litigant.
	848	+	7 (1) As used in this subsection:
	849	+	8 (A) "Electronic means" means any method of
	850	+	9 transmission of information between computers or other
	851	+	10 machines designed for the purpose of sending or
	852	+	11 receiving electronic transmission and that allows for
	853	+	12 the recipient of information to reproduce the
	854	+	13 information received in a tangible medium of
	855	+	14 expression.
	856	+	15 (B) "Independent audio-visual system" means an
	857	+	16 electronic system for the transmission and receiving
	858	+	17 of audio and visual signals, including those with the
	859	+	18 means to preclude the unauthorized reception and
	860	+	19 decoding of the signals by commercially available
	861	+	20 television receivers, channel converters, or other
	862	+	21 available receiving devices.
	863	+	22 (C) "Electronic appearance" means an appearance in
	864	+	23 which one or more of the parties are not present in the
	865	+	24 court, but in which, by means of an independent
	866	+	25 audio-visual system, all of the participants are
	867	+	26 simultaneously able to see and hear reproductions of
	868	+
	869	+
	870	+
	871	+
	872	+
	873	+	HB2624 Enrolled - 25 - LRB103 30697 LNS 57170 b
	874	+
	875	+
	876	+	HB2624 Enrolled- 26 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 26 - LRB103 30697 LNS 57170 b
	877	+	HB2624 Enrolled - 26 - LRB103 30697 LNS 57170 b
	878	+	1 the voices and images of the judge, counsel, parties,
	879	+	2 witnesses, and any other participants.
	880	+	3 (2) Any pilot program under this subsection (e) shall
	881	+	4 be developed by the administrative director or his or her
	882	+	5 delegate in consultation with at least one local
	883	+	6 organization providing assistance to domestic violence
	884	+	7 victims. The program plan shall include, but not be
	885	+	8 limited to:
	886	+	9 (A) identification of agencies equipped with or
	887	+	10 that have access to an independent audio-visual system
	888	+	11 and electronic means for filing documents; and
	889	+	12 (B) identification of one or more organizations
	890	+	13 who are trained and available to assist petitioners in
	891	+	14 preparing and filing petitions for temporary orders of
	892	+	15 protection and in their electronic appearances before
	893	+	16 the court to obtain such orders; and
	894	+	17 (C) identification of the existing resources
	895	+	18 available in local family courts for the
	896	+	19 implementation and oversight of the pilot program; and
	897	+	20 (D) procedures for filing petitions and documents
	898	+	21 by electronic means, swearing in the petitioners and
	899	+	22 witnesses, preparation of a transcript of testimony
	900	+	23 and evidence presented, and a prompt transmission of
	901	+	24 any orders issued to the parties; and
	902	+	25 (E) a timeline for implementation and a plan for
	903	+	26 informing the public about the availability of the
	904	+
	905	+
	906	+
	907	+
	908	+
	909	+	HB2624 Enrolled - 26 - LRB103 30697 LNS 57170 b
	910	+
	911	+
	912	+	HB2624 Enrolled- 27 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 27 - LRB103 30697 LNS 57170 b
	913	+	HB2624 Enrolled - 27 - LRB103 30697 LNS 57170 b
	914	+	1 program; and
	915	+	2 (F) a description of the data to be collected in
	916	+	3 order to evaluate and make recommendations for
	917	+	4 improvements to the pilot program.
	918	+	5 (3) In conjunction with an electronic appearance, any
	919	+	6 petitioner for an ex parte temporary order of protection
	920	+	7 may, using the assistance of a trained advocate if
	921	+	8 necessary, commence the proceedings by filing a petition
	922	+	9 by electronic means.
	923	+	10 (A) A petitioner who is seeking an ex parte
	924	+	11 temporary order of protection using an electronic
	925	+	12 appearance must file a petition in advance of the
	926	+	13 appearance and may do so electronically.
	927	+	14 (B) The petitioner must show that traveling to or
	928	+	15 appearing in court would constitute an undue hardship
	929	+	16 or create a risk of harm to the petitioner. In granting
	930	+	17 or denying any relief sought by the petitioner, the
	931	+	18 court shall state the names of all participants and
	932	+	19 whether it is granting or denying an appearance by
	933	+	20 electronic means and the basis for such a
	934	+	21 determination. A party is not required to file a
	935	+	22 petition or other document by electronic means or to
	936	+	23 testify by means of an electronic appearance.
	937	+	24 (C) Nothing in this subsection (e) affects or
	938	+	25 changes any existing laws governing the service of
	939	+	26 process, including requirements for personal service
	940	+
	941	+
	942	+
	943	+
	944	+
	945	+	HB2624 Enrolled - 27 - LRB103 30697 LNS 57170 b
	946	+
	947	+
	948	+	HB2624 Enrolled- 28 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 28 - LRB103 30697 LNS 57170 b
	949	+	HB2624 Enrolled - 28 - LRB103 30697 LNS 57170 b
	950	+	1 or the sealing and confidentiality of court records in
	951	+	2 court proceedings or access to court records by the
	952	+	3 parties to the proceedings.
	953	+	4 (4) Appearances.
	954	+	5 (A) All electronic appearances by a petitioner
	955	+	6 seeking an ex parte temporary order of protection
	956	+	7 under this subsection (e) are strictly voluntary and
	957	+	8 the court shall obtain the consent of the petitioner
	958	+	9 on the record at the commencement of each appearance.
	959	+	10 (B) Electronic appearances under this subsection
	960	+	11 (e) shall be recorded and preserved for transcription.
	961	+	12 Documentary evidence, if any, referred to by a party
	962	+	13 or witness or the court may be transmitted and
	963	+	14 submitted and introduced by electronic means.
	964	+	15 (Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
	965	+	16 revised 12-13-22.)
	966	+	17 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
	967	+	18 Sec. 217. Emergency order of protection.
	968	+	19 (a) Prerequisites. An emergency order of protection shall
	969	+	20 issue if petitioner satisfies the requirements of this
	970	+	21 subsection for one or more of the requested remedies. For each
	971	+	22 remedy requested, the petitioner shall establish that:
	972	+	23 (1) The court has jurisdiction under Section 208;
	973	+	24 (2) The requirements of Section 214 are satisfied; and
	974	+	25 (3) There is good cause to grant the remedy,
	975	+
	976	+
	977	+
	978	+
	979	+
	980	+	HB2624 Enrolled - 28 - LRB103 30697 LNS 57170 b
	981	+
	982	+
	983	+	HB2624 Enrolled- 29 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 29 - LRB103 30697 LNS 57170 b
	984	+	HB2624 Enrolled - 29 - LRB103 30697 LNS 57170 b
	985	+	1 regardless of prior service of process or of notice upon
	986	+	2 the respondent, because:
	987	+	3 (i) For the remedies of "prohibition of abuse"
	988	+	4 described in Section 214(b)(1), "stay away order and
	989	+	5 additional prohibitions" described in Section
	990	+	6 214(b)(3), "removal or concealment of minor child"
	991	+	7 described in Section 214(b)(8), "order to appear"
	992	+	8 described in Section 214(b)(9), "physical care and
	993	+	9 possession of the minor child" described in Section
	994	+	10 214(b)(5), "protection of property" described in
	995	+	11 Section 214(b)(11), "prohibition of entry" described
	996	+	12 in Section 214(b)(14), "prohibition of firearm
	997	+	13 possession" described in Section 214(b)(14.5),
	998	+	14 "prohibition of access to records" described in
	999	+	15 Section 214(b)(15), and "injunctive relief" described
	1000	+	16 in Section 214(b)(16), the harm which that remedy is
	1001	+	17 intended to prevent would be likely to occur if the
	1002	+	18 respondent were given any prior notice, or greater
	1003	+	19 notice than was actually given, of the petitioner's
	1004	+	20 efforts to obtain judicial relief;
	1005	+	21 (ii) For the remedy of "grant of exclusive
	1006	+	22 possession of residence" described in Section
	1007	+	23 214(b)(2), the immediate danger of further abuse of
	1008	+	24 the petitioner by the respondent, if the petitioner
	1009	+	25 chooses or had chosen to remain in the residence or
	1010	+	26 household while the respondent was given any prior
	1011	+
	1012	+
	1013	+
	1014	+
	1015	+
	1016	+	HB2624 Enrolled - 29 - LRB103 30697 LNS 57170 b
	1017	+
	1018	+
	1019	+	HB2624 Enrolled- 30 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 30 - LRB103 30697 LNS 57170 b
	1020	+	HB2624 Enrolled - 30 - LRB103 30697 LNS 57170 b
	1021	+	1 notice or greater notice than was actually given of
	1022	+	2 the petitioner's efforts to obtain judicial relief,
	1023	+	3 outweighs the hardships to the respondent of an
	1024	+	4 emergency order granting the petitioner exclusive
	1025	+	5 possession of the residence or household. This remedy
	1026	+	6 shall not be denied because the petitioner has or
	1027	+	7 could obtain temporary shelter elsewhere while prior
	1028	+	8 notice is given to the respondent, unless the
	1029	+	9 hardships to respondent from exclusion from the home
	1030	+	10 substantially outweigh those to the petitioner;
	1031	+	11 (iii) For the remedy of "possession of personal
	1032	+	12 property" described in Section 214(b)(10), improper
	1033	+	13 disposition of the personal property would be likely
	1034	+	14 to occur if the respondent were given any prior
	1035	+	15 notice, or greater notice than was actually given, of
	1036	+	16 the petitioner's efforts to obtain judicial relief, or
	1037	+	17 the petitioner has an immediate and pressing need for
	1038	+	18 possession of that property.
	1039	+	19 An emergency order may not include the counseling, legal
	1040	+	20 custody, payment of support, or monetary compensation
	1041	+	21 remedies.
	1042	+	22 (a-5) When a petition for an emergency order of protection
	1043	+	23 is granted, the order and file shall not be public and shall
	1044	+	24 only be accessible to the court, the petitioner, law
	1045	+	25 enforcement, a domestic violence advocate or counselor, the
	1046	+	26 counsel of record for either party, and the State's Attorney
	1047	+
	1048	+
	1049	+
	1050	+
	1051	+
	1052	+	HB2624 Enrolled - 30 - LRB103 30697 LNS 57170 b
	1053	+
	1054	+
	1055	+	HB2624 Enrolled- 31 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 31 - LRB103 30697 LNS 57170 b
	1056	+	HB2624 Enrolled - 31 - LRB103 30697 LNS 57170 b
	1057	+	1 for the county until the order is served on the respondent.
	1058	+	2 Accessibility to the order and file under this subsection
	1059	+	3 prior to the order being served on the respondent shall be in
	1060	+	4 accordance with Section 5 of the Court Record and Document
	1061	+	5 Accessibility Act.
	1062	+	6 (b) Appearance by respondent. If the respondent appears in
	1063	+	7 court for this hearing for an emergency order, he or she may
	1064	+	8 elect to file a general appearance and testify. Any resulting
	1065	+	9 order may be an emergency order, governed by this Section.
	1066	+	10 Notwithstanding the requirements of this Section, if all
	1067	+	11 requirements of Section 218 have been met, the court may issue
	1068	+	12 a 30-day interim order.
	1069	+	13 (c) Emergency orders: court holidays and evenings.
	1070	+	14 (1) Prerequisites. When the court is unavailable at
	1071	+	15 the close of business, the petitioner may file a petition
	1072	+	16 for a 21-day emergency order before any available circuit
	1073	+	17 judge or associate judge who may grant relief under this
	1074	+	18 Act. If the judge finds that there is an immediate and
	1075	+	19 present danger of abuse to the petitioner and that the
	1076	+	20 petitioner has satisfied the prerequisites set forth in
	1077	+	21 subsection (a) of Section 217, that judge may issue an
	1078	+	22 emergency order of protection.
	1079	+	23 (1.5) Issuance of order. The chief judge of the
	1080	+	24 circuit court may designate for each county in the circuit
	1081	+	25 at least one judge to be reasonably available to issue
	1082	+	26 orally, by telephone, by facsimile, or otherwise, an
	1083	+
	1084	+
	1085	+
	1086	+
	1087	+
	1088	+	HB2624 Enrolled - 31 - LRB103 30697 LNS 57170 b
	1089	+
	1090	+
	1091	+	HB2624 Enrolled- 32 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 32 - LRB103 30697 LNS 57170 b
	1092	+	HB2624 Enrolled - 32 - LRB103 30697 LNS 57170 b
	1093	+	1 emergency order of protection at all times, whether or not
	1094	+	2 the court is in session.
	1095	+	3 (2) Certification and transfer. The judge who issued
	1096	+	4 the order under this Section shall promptly communicate or
	1097	+	5 convey the order to the sheriff to facilitate the entry of
	1098	+	6 the order into the Law Enforcement Agencies Data System by
	1099	+	7 the Illinois State Police pursuant to Section 302. Any
	1100	+	8 order issued under this Section and any documentation in
	1101	+	9 support thereof shall be certified on the next court day
	1102	+	10 to the appropriate court. The clerk of that court shall
	1103	+	11 immediately assign a case number, file the petition, order
	1104	+	12 and other documents with the court, and enter the order of
	1105	+	13 record and file it with the sheriff for service, in
	1106	+	14 accordance with Section 222. Filing the petition shall
	1107	+	15 commence proceedings for further relief under Section 202.
	1108	+	16 Failure to comply with the requirements of this subsection
	1109	+	17 shall not affect the validity of the order.
	1110	+	18 (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
	1111	+	19 102-831, eff. 5-13-22; revised 7-29-22.)
	1112	+	20 Section 60. The Probate Act of 1975 is amended by changing
	1113	+	21 Section 11a-9 as follows:
	1114	+	22 (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
	1115	+	23 Sec. 11a-9. Report.
	1116	+	24 (a) The petition for adjudication of disability and for
	1117	+
	1118	+
	1119	+
	1120	+
	1121	+
	1122	+	HB2624 Enrolled - 32 - LRB103 30697 LNS 57170 b
	1123	+
	1124	+
	1125	+	HB2624 Enrolled- 33 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 33 - LRB103 30697 LNS 57170 b
	1126	+	HB2624 Enrolled - 33 - LRB103 30697 LNS 57170 b
	1127	+	1 appointment of a guardian should be accompanied by a report
	1128	+	2 which contains (1) a description of the nature and type of the
	1129	+	3 respondent's disability and an assessment of how the
	1130	+	4 disability impacts on the ability of the respondent to make
	1131	+	5 decisions or to function independently; (2) an analysis and
	1132	+	6 results of evaluations of the respondent's mental and physical
	1133	+	7 condition and, where appropriate, educational condition,
	1134	+	8 adaptive behavior and social skills, which have been performed
	1135	+	9 within 3 months of the date of the filing of the petition, or,
	1136	+	10 in the case of an intellectual disability, a psychological
	1137	+	11 evaluation of the respondent that has been performed by a
	1138	+	12 clinical psychologist licensed under the Clinical Psychologist
	1139	+	13 Licensing Act, within one year of the date of the filing of the
	1140	+	14 petition; (3) an opinion as to whether guardianship is needed,
	1141	+	15 the type and scope of the guardianship needed, and the reasons
	1142	+	16 therefor; (4) a recommendation as to the most suitable living
	1143	+	17 arrangement and, where appropriate, treatment or habilitation
	1144	+	18 plan for the respondent and the reasons therefor; (5) the
	1145	+	19 name, business address, business telephone number, and
	1146	+	20 signatures of all persons who performed the evaluations upon
	1147	+	21 which the report is based, one of whom shall be a licensed
	1148	+	22 physician, or may, in the case of an intellectual disability,
	1149	+	23 be a clinical psychologist licensed under the Clinical
	1150	+	24 Psychologist Licensing Act, and a statement of the
	1151	+	25 certification, license, or other credentials that qualify the
	1152	+	26 evaluators who prepared the report.
	1153	+
	1154	+
	1155	+
	1156	+
	1157	+
	1158	+	HB2624 Enrolled - 33 - LRB103 30697 LNS 57170 b
	1159	+
	1160	+
	1161	+	HB2624 Enrolled- 34 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 34 - LRB103 30697 LNS 57170 b
	1162	+	HB2624 Enrolled - 34 - LRB103 30697 LNS 57170 b
	1163	+	1 (b) If for any reason no report accompanies the petition,
	1164	+	2 the court shall order appropriate evaluations to be performed
	1165	+	3 by a qualified person or persons and a report prepared and
	1166	+	4 filed with the court at least 10 days prior to the hearing.
	1167	+	5 (b-5) Upon oral or written motion by the respondent or the
	1168	+	6 guardian ad litem or upon the court's own motion, the court
	1169	+	7 shall appoint one or more independent experts to examine the
	1170	+	8 respondent. Upon the filing with the court of a verified
	1171	+	9 statement of services rendered by the expert or experts, the
	1172	+	10 court shall determine a reasonable fee for the services
	1173	+	11 performed. If the respondent is unable to pay the fee, the
	1174	+	12 court may enter an order upon the petitioner to pay the entire
	1175	+	13 fee or such amount as the respondent is unable to pay. However,
	1176	+	14 in cases where the Office of State Guardian is the petitioner,
	1177	+	15 consistent with Section 30 of the Guardianship and Advocacy
	1178	+	16 Act, no expert services fees shall be assessed against the
	1179	+	17 Office of the State Guardian.
	1180	+	18 (c) Unless the court otherwise directs, any report
	1181	+	19 prepared pursuant to this Section shall not be made part of the
	1182	+	20 public record of the proceedings but shall be available to the
	1183	+	21 court or an appellate court in which the proceedings are
	1184	+	22 subject to review, to the respondent, the petitioner, the
	1185	+	23 guardian, and their attorneys, to the respondent's guardian ad
	1186	+	24 litem, and to such other persons as the court may direct.
	1187	+	25 Accessibility to a report prepared pursuant to this
	1188	+	26 Section shall be in accordance with Section 5 of the Court
	1189	+
	1190	+
	1191	+
	1192	+
	1193	+
	1194	+	HB2624 Enrolled - 34 - LRB103 30697 LNS 57170 b
	1195	+
	1196	+
	1197	+	HB2624 Enrolled- 35 -LRB103 30697 LNS 57170 b HB2624 Enrolled - 35 - LRB103 30697 LNS 57170 b
	1198	+	HB2624 Enrolled - 35 - LRB103 30697 LNS 57170 b
	1199	+	1 Record and Document Accessibility Act.
	1200	+	2 (Source: P.A. 102-109, eff. 1-1-22.)
	1201	+
	1202	+
	1203	+
	1204	+
	1205	+
	1206	+	HB2624 Enrolled - 35 - LRB103 30697 LNS 57170 b