Public Act 103-0166
HB2624 EnrolledLRB103 30697 LNS 57170 b HB2624 Enrolled LRB103 30697 LNS 57170 b
HB2624 Enrolled LRB103 30697 LNS 57170 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Court
Record and Document Accessibility Act.
Section 5. Record and document accessibility.
(a) All records and documents are presumed to be
accessible by the court and the clerk of the court. A clerk of
the court shall limit access to case information and documents
that are not identified as public to the clerk of the court or
limited supervisory staff through the use of access codes
restricting access. Access to court records and documents
remotely over the Internet shall be as authorized by the
Illinois Supreme Court Remote Access Policy.
(b) Unless otherwise specified by rule, statute, or order,
access to case information and documents maintained by the
clerk of the court is defined as follows:
(1) "Public" means a document or case that is
accessible by any person upon request.
(2) "Impounded" means a document or case that is
accessible only to the parties of record on a case;
otherwise, the document or case is only accessible upon
order of a court.
HB2624 Enrolled LRB103 30697 LNS 57170 b
(3) "Confidential" means a document or case that is
accessible only to the party submitting the document or
filing the case; otherwise, the document or case is only
accessible upon order of a court.
(4) "Sealed" means a document or case that is
accessible only upon order of a court.
(5) "Expunged" means a document or case that is
accessible only upon order of a court as provided in
subparagraph (E) of paragraph (1) of subsection (a) of
Section 5.2 of the Criminal Identification Act.
(c) Notwithstanding any provision of subsections (a) and
(b), the court may enter an order restricting access to any
case or document per order of court.
(d) If any law of this State restricts access to any case
information and documents maintained by the clerk of the court
by using the phrase "shall not be public", or a similar phrase
stating that a court record is not available to the public, the
clerk of the court shall impound such case information and
documents unless the court directs otherwise.
(e) Notwithstanding any other provision of law, if any law
or statute of this State conflicts with Supreme Court Rule 8,
then Supreme Court Rule 8 governs.
Section 10. Process for access. The General Assembly
encourages the Supreme Court to consider establishing a
process for access to court files that are limited by statute
or court rule that includes standardized forms and provisions
for requesting access to documents in court files that are
restricted in any manner.
Section 15. Applicability. This Act applies to all court
records and documents related to any civil or criminal
proceeding brought before any court in this State that are
created and maintained by a State court.
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Section 108A-7 as follows:
(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
Sec. 108A-7. Retention and Review of Recordings.
(a) The contents of any conversation overheard by any
eavesdropping device shall, if possible, be recorded on tape
or a comparable device. The recording of the contents of a
conversation under this Article shall be done in such a way as
will protect the recording from editing or other alterations.
(b) Immediately after the expiration of the period of the
order or extension or, where the recording was made in an
emergency situation as defined in Section 108A-6, at the time
of the request for approval subsequent to the emergency, all
such recordings shall be made available to the judge issuing
the order or hearing the application for approval of an
emergency application.
The judge shall listen to the tapes, determine if the
conversations thereon are within his order or were
appropriately made in emergency situations, and make a record
of such determination to be retained with the tapes.
The recordings shall be sealed under the instructions of
the judge and custody shall be where he orders. Such
recordings shall not be destroyed except upon order of the
judge hearing the application and in any event shall be kept
for 10 years if not destroyed upon his order.
Duplicate recordings may be made for any use or disclosure
authorized by this Article. The presence of the seal provided
for in this Section or a satisfactory explanation for the
absence thereof shall be a pre-requisite for the use or
disclosure of the contents of the recordings or any evidence
derived therefrom.
(c) Applications made and orders granted under this
Article shall be sealed by the judge. Custody of the
applications and orders shall be wherever the judge requests.
Such applications and orders shall be disclosed only upon a
showing of good cause before a judge. Such documents shall not
be destroyed except on the order of the issuing or denying
judge or after the expiration of 10 years time if not destroyed
upon his order.
As used in this subsection, "sealed" has the same meaning
as in paragraph (4) of subsection (b) of Section 5 of the Court
Record and Document Accessibility Act.
(Source: P.A. 79-1159.)
Section 25. The Privacy of Child Victims of Criminal
Sexual Offenses Act is amended by changing Section 3 as
follows:
(725 ILCS 190/3) (from Ch. 38, par. 1453)
Sec. 3. Confidentiality of Law Enforcement and Court
Records. Notwithstanding any other law to the contrary,
inspection and copying of law enforcement records maintained
by any law enforcement agency or all circuit court records
maintained by any circuit clerk relating to any investigation
or proceeding pertaining to a criminal sexual offense, by any
person, except a judge, state's attorney, assistant state's
attorney, Attorney General, Assistant Attorney General,
psychologist, psychiatrist, social worker, doctor, parent,
parole agent, aftercare specialist, probation officer,
defendant, defendant's attorney, advocate, or victim's
attorney (as defined in Section 3 of the Rights of Crime
Victims and Witnesses Act) in any criminal proceeding or
investigation related thereto, shall be restricted to exclude
the identity of any child who is a victim of such criminal
sexual offense or alleged criminal sexual offense unless a
court order is issued authorizing the removal of such
restriction as provided under this Section of a particular
case record or particular records of cases maintained by any
circuit court clerk. A court may, for the child's protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the child's identity.
A court may prohibit such disclosure only after giving
notice and a hearing to all affected parties. In determining
whether to prohibit disclosure of the minor's identity, the
court shall consider:
(1) the best interest of the child; and
(2) whether such nondisclosure would further a
compelling State interest.
When a criminal sexual offense is committed or alleged to
have been committed by a school district employee or any
individual contractually employed by a school district, a copy
of the criminal history record information relating to the
investigation of the offense or alleged offense shall be
transmitted to the superintendent of schools of the district
immediately upon request or if the law enforcement agency
knows that a school district employee or any individual
contractually employed by a school district has committed or
is alleged to have committed a criminal sexual offense, the
superintendent of schools of the district shall be immediately
provided a copy of the criminal history record information.
The copy of the criminal history record information to be
provided under this Section shall exclude the identity of the
child victim. The superintendent shall be restricted from
revealing the identity of the victim. Nothing in this Article
precludes or may be used to preclude a mandated reporter from
reporting child abuse or child neglect as required under the
Abused and Neglected Child Reporting Act.
For the purposes of this Act, "criminal history record
information" means:
(i) chronologically maintained arrest information,
such as traditional arrest logs or blotters;
(ii) the name of a person in the custody of a law
enforcement agency and the charges for which that person
is being held;
(iii) court records that are public, as defined in
paragraph (1) of subsection (b) of Section 5 of the Court
Record and Document Accessibility Act;
(iv) records that are otherwise available under State
or local law; or
(v) records in which the requesting party is the
individual identified, except as provided under part (vii)
of paragraph (c) of subsection (1) of Section 7 of the
Freedom of Information Act.
(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22.)
Section 30. The Unified Code of Corrections is amended by
changing Section 5-5.5-15 as follows:
(730 ILCS 5/5-5.5-15)
Sec. 5-5.5-15. Certificates of relief from disabilities
issued by courts.
(a) Any circuit court of this State may issue a
certificate of relief from disabilities to an eligible
offender for a conviction that occurred in that court if the
court imposed the sentence. The certificate may be issued (i)
at the time sentence is pronounced, in which case it may grant
relief from disabilities, or (ii) at any time thereafter, in
which case it shall apply only to disabilities.
(b) The certificate may not be issued by the court unless
the court is satisfied, based on clear and convincing
evidence, that:
(1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5-5.5-5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible
offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(c) If a certificate of relief from disabilities is not
issued at the time sentence is pronounced it shall only be
issued thereafter upon verified application to the court. The
court may, for the purpose of determining whether the
certificate shall be issued, request the probation or court
services department to conduct an investigation of the
applicant. Any probation officer requested to make an
investigation under this Section shall prepare and submit to
the court a written report in accordance with the request.
(d) Any court that has issued a certificate of relief from
disabilities may at any time issue a new certificate to
enlarge the relief previously granted provided that the
provisions of clauses (1) through (3) of subsection (b) of
this Section apply to the issuance of any such new
certificate.
(e) Any written report submitted to the court under this
Section is confidential and may not be made available to any
person or public or private agency except if specifically
required or permitted by statute or upon specific
authorization of the court. However, it shall be made
available by the court for examination by the applicant's
attorney, or the applicant himself or herself, if he or she has
no attorney. In its discretion, the court may except from
disclosure a part or parts of the report that are not relevant
to the granting of a certificate, or sources of information
which have been obtained on a promise of confidentiality, or
any other portion of the report, disclosure of which would not
be in the interest of justice. The action of the court
excepting information from disclosure shall be subject to
appellate review. The court, in its discretion, may hold a
conference in open court or in chambers to afford an applicant
an opportunity to controvert or to comment upon any portions
of the report. The court may also conduct a summary hearing at
the conference on any matter relevant to the granting of the
application and may take testimony under oath.
As used in this subsection, "confidential" has the same
meaning as in paragraph (3) of subsection (b) of Section 5 of
the Court Record and Document Accessibility Act.
(f) An employer is not civilly or criminally liable for an
act or omission by an employee who has been issued a
certificate of relief from disabilities, except for a willful
or wanton act by the employer in hiring the employee who has
been issued a certificate of relief from disabilities.
(Source: P.A. 96-852, eff. 1-1-10.)
Section 35. The Stalking No Contact Order Act is amended
by changing Sections 20 and 95 as follows:
(740 ILCS 21/20)
Sec. 20. Commencement of action; filing fees.
(a) An action for a stalking no contact order is
commenced:
(1) independently, by filing a petition for a stalking
no contact order in any civil court, unless specific
courts are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a stalking no contact order may be
filed in person in-person or online.
(a-5) When a petition for an emergency stalking no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, victim advocate, counsel of record for either
party, and the State's Attorney for the county until the
petition is served on the respondent.
Accessibility to the petition and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) Withdrawal or dismissal of any petition for a stalking
no contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a stalking no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) of subsection (a) of this Section, dismissal of the
conjoined case (or a finding of not guilty) shall not require
dismissal of the action for a stalking no contact order;
instead, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court or
division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
102-853, eff. 1-1-23; revised 12-14-22.)
(740 ILCS 21/95)
Sec. 95. Emergency stalking no contact order.
(a) An emergency stalking no contact order shall issue if
the petitioner satisfies the requirements of this subsection
(a). The petitioner shall establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 are satisfied; and
(3) there is good cause to grant the remedy,
regardless of prior service of process or of notice upon
the respondent, because the harm which that remedy is
intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater notice
than was actually given, of the petitioner's efforts to
obtain judicial relief.
An emergency stalking no contact order shall be issued by
the court if it appears from the contents of the petition and
the examination of the petitioner that the averments are
sufficient to indicate stalking by the respondent and to
support the granting of relief under the issuance of the
stalking no contact order.
An emergency stalking no contact order shall be issued if
the court finds that items (1), (2), and (3) of this subsection
(a) are met.
(a-5) When a petition for an emergency stalking no contact
order is granted, the petition, order, and file shall not be
public and shall only be accessible to the court, law
enforcement, petitioner, victim advocate, counsel of record
for either party, and the State's Attorney for the county
until the order is served on the respondent.
Accessibility to the petition, order, and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) If the respondent appears in court for this hearing
for an emergency order, he or she may elect to file a general
appearance and testify. Any resulting order may be an
emergency order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section
100 have been met, the court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) When the court is unavailable at the close of
business, the petitioner may file a petition for a 21-day
emergency order before any available circuit judge or
associate judge who may grant relief under this Act. If
the judge finds that there is an immediate and present
danger of abuse against the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a), that judge may issue an emergency stalking
no contact order.
(2) The chief judge of the circuit court may designate
for each county in the circuit at least one judge to be
reasonably available to issue orally, by telephone, by
facsimile, or otherwise, an emergency stalking no contact
order at all times, whether or not the court is in session.
(3) Any order issued under this Section and any
documentation in support of the order shall be certified
on the next court day to the appropriate court. The clerk
of that court shall immediately assign a case number, file
the petition, order, and other documents with the court,
and enter the order of record and file it with the sheriff
for service, in accordance with Section 60. Filing the
petition shall commence proceedings for further relief
under Section 20. Failure to comply with the requirements
of this paragraph (3) does not affect the validity of the
order.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
Section 40. The Civil No Contact Order Act is amended by
changing Sections 202 and 214 as follows:
(740 ILCS 22/202)
Sec. 202. Commencement of action; filing fees.
(a) An action for a civil no contact order is commenced:
(1) independently, by filing a petition for a civil no
contact order in any civil court, unless specific courts
are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a civil no contact order may be filed
in person in-person or online.
(a-5) When a petition for an emergency civil no contact
order is filed, the petition and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, rape crisis advocate, counsel of record for either
party, and the State's Attorney for the county until the
petition is served on the respondent.
Accessibility to the petition and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) Withdrawal or dismissal of any petition for a civil no
contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a civil no contact order shall be
dismissed because the respondent is being prosecuted for a
crime against the petitioner. For any action commenced under
item (2) of subsection (a) of this Section, dismissal of the
conjoined case (or a finding of not guilty) shall not require
dismissal of the action for a civil no contact order; instead,
it may be treated as an independent action and, if necessary
and appropriate, transferred to a different court or division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22;
102-853, eff. 1-1-23; revised 12-14-22.)
(740 ILCS 22/214)
Sec. 214. Emergency civil no contact order.
(a) An emergency civil no contact order shall issue if the
petitioner satisfies the requirements of this subsection (a).
The petitioner shall establish that:
(1) the court has jurisdiction under Section 206;
(2) the requirements of Section 213 are satisfied; and
(3) there is good cause to grant the remedy,
regardless of prior service of process or of notice upon
the respondent, because the harm which that remedy is
intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater notice
than was actually given, of the petitioner's efforts to
obtain judicial relief.
An emergency civil no contact order shall be issued by the
court if it appears from the contents of the petition and the
examination of the petitioner that the averments are
sufficient to indicate nonconsensual sexual conduct or
nonconsensual sexual penetration by the respondent and to
support the granting of relief under the issuance of the civil
no contact order.
An emergency civil no contact order shall be issued if the
court finds that subsections (1), (2), and (3) above are met.
(a-5) When a petition for a civil no contact order is
granted, the petition, order, and file shall not be public and
shall only be accessible to the court, law enforcement,
petitioner, rape crisis advocate, counsel of record for either
party, and the State's Attorney for the county until the
petition is served on the respondent.
Accessibility to the petition, order, and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) If the respondent appears in court for this hearing
for an emergency order, he or she may elect to file a general
appearance and testify. Any resulting order may be an
emergency order, governed by this Section. Notwithstanding the
requirements of this Section, if all requirements of Section
215 have been met, the court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) When the court is unavailable at the close of
business, the petitioner may file a petition for a 21-day
emergency order before any available circuit judge or
associate judge who may grant relief under this Act. If
the judge finds that there is an immediate and present
danger of abuse against the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a), that judge may issue an emergency civil no
contact order.
(2) The chief judge of the circuit court may designate
for each county in the circuit at least one judge to be
reasonably available to issue orally, by telephone, by
facsimile, or otherwise, an emergency civil no contact
order at all times, whether or not the court is in session.
(3) Any order issued under this Section and any
documentation in support of the order shall be certified
on the next court day to the appropriate court. The clerk
of that court shall immediately assign a case number, file
the petition, order, and other documents with the court,
and enter the order of record and file it with the sheriff
for service, in accordance with Section 222. Filing the
petition shall commence proceedings for further relief
under Section 202. Failure to comply with the requirements
of this paragraph (3) does not affect the validity of the
order.
(Source: P.A. 102-831, eff. 5-13-22.)
Section 45. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 3 as follows:
(740 ILCS 110/3) (from Ch. 91 1/2, par. 803)
Sec. 3. (a) All records and communications shall be
confidential and shall not be disclosed except as provided in
this Act. Unless otherwise expressly provided for in this Act,
records and communications made or created in the course of
providing mental health or developmental disabilities services
shall be protected from disclosure regardless of whether the
records and communications are made or created in the course
of a therapeutic relationship.
As used in this subsection, "confidential" has the same
meaning as in paragraph (3) of subsection (b) of Section 5 of
the Court Record and Document Accessibility Act.
(b) A therapist is not required to but may, to the extent
he determines it necessary and appropriate, keep personal
notes regarding a recipient. Such personal notes are the work
product and personal property of the therapist and shall not
be subject to discovery in any judicial, administrative or
legislative proceeding or any proceeding preliminary thereto.
(c) Psychological test material whose disclosure would
compromise the objectivity or fairness of the testing process
may not be disclosed to anyone including the subject of the
test and is not subject to disclosure in any administrative,
judicial or legislative proceeding. However, any recipient who
has been the subject of the psychological test shall have the
right to have all records relating to that test disclosed to
any psychologist designated by the recipient. Requests for
such disclosure shall be in writing and shall comply with the
requirements of subsection (b) of Section 5 of this Act.
(Source: P.A. 99-28, eff. 1-1-16.)
Section 50. The Communicable Disease Report Act is amended
by changing Section 1 as follows:
(745 ILCS 45/1) (from Ch. 126, par. 21)
Sec. 1. Whenever any statute of this State or any
ordinance or resolution of a municipal corporation or
political subdivision enacted pursuant to statute or any rule
of an administrative agency adopted pursuant to statute
requires medical practitioners or other persons to report
cases of injury, medical condition or procedure, communicable
disease, venereal disease, or sexually transmitted disease to
any governmental agency or officer, such reports shall be
confidential, and any medical practitioner or other person
making such report in good faith shall be immune from suit for
slander or libel based upon any statements contained in such
report.
The identity of any individual who makes a report or who is
identified in a report of an injury, medical condition or
procedure, communicable disease, venereal disease, sexually
transmitted disease, or food-borne illness or an investigation
conducted pursuant to a report of an injury, medical condition
or procedure, communicable disease, venereal disease, sexually
transmitted disease, or food-borne illness shall be
confidential and the identity of any person making a report or
named therein shall not be disclosed publicly or in any action
of any kind in any court or before any tribunal, board or
agency; provided that records and communications concerning a
venereal disease or sexually transmitted disease in any minor
under 11 years of age shall be disclosed in accordance with the
provisions of the Abused and Neglected Child Reporting Act,
approved June 26, 1975, as now or hereafter amended.
The confidentiality provisions of this Act do not apply to
the results of tests for diseases conducted pursuant to
subsections (g) and (g-5) of Section 5-5-3 and subsection (a)
of Section 3-15-2 of the Unified Code of Corrections.
Nothing in this Act prohibits the sharing of information
as authorized in Section 2.1 of the Department of Public
Health Act.
As used in this Section, "confidential" has the same
meaning as in paragraph (3) of subsection (b) of Section 5 of
the Court Record and Document Accessibility Act.
(Source: P.A. 93-829, eff. 7-28-04.)
Section 55. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 202 and 217 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees; dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an order
of protection in any civil court, unless specific courts
are designated by local rule or order.
(2) In conjunction with another civil proceeding: By
filing a petition for an order of protection under the
same case number as another civil proceeding involving the
parties, including, but not limited to: (i) any proceeding
under the Illinois Marriage and Dissolution of Marriage
Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
and Children Act, or Revised Uniform Reciprocal
Enforcement of Support Act or an action for nonsupport
brought under Article X of the Illinois Public Aid Code,
provided that a petitioner and the respondent are a party
to or the subject of that proceeding or (ii) a
guardianship proceeding under the Probate Act of 1975, or
a proceeding for involuntary commitment under the Mental
Health and Developmental Disabilities Code, or any
proceeding, other than a delinquency petition, under the
Juvenile Court Act of 1987, provided that a petitioner or
the respondent is a party to or the subject of such
proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution as provided in Section 112A-20 of the
Code of Criminal Procedure of 1963.
(a-1) A petition for an order of protection may be filed in
person in-person or online.
(a-5) When a petition for an emergency order of protection
is filed, the petition shall not be public publicly available
until the petition is served on the respondent.
Accessibility to the petition under this subsection prior
to the petition being served on the respondent shall be in
accordance with Section 5 of the Court Record and Document
Accessibility Act.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for
issuing alias summons; or for any related filing service. No
fee shall be charged by the sheriff for service by the sheriff
of a petition, rule, motion, or order in an action commenced
under this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent
action and, if necessary and appropriate, transferred to a
different court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued order
of protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of a
petition under this Section by any person not represented by
counsel. In addition, that assistance may be provided by the
State's Attorney state's attorney.
(e) As provided in this subsection, the administrative
director of the Administrative Office of the Illinois Courts,
with the approval of the administrative board of the courts,
may adopt rules to establish and implement a pilot program to
allow the electronic filing of petitions for temporary orders
of protection and the issuance of such orders by audio-visual
means to accommodate litigants for whom attendance in court to
file for and obtain emergency relief would constitute an undue
hardship or would constitute a risk of harm to the litigant.
(1) As used in this subsection:
(A) "Electronic means" means any method of
transmission of information between computers or other
machines designed for the purpose of sending or
receiving electronic transmission and that allows for
the recipient of information to reproduce the
information received in a tangible medium of
expression.
(B) "Independent audio-visual system" means an
electronic system for the transmission and receiving
of audio and visual signals, including those with the
means to preclude the unauthorized reception and
decoding of the signals by commercially available
television receivers, channel converters, or other
available receiving devices.
(C) "Electronic appearance" means an appearance in
which one or more of the parties are not present in the
court, but in which, by means of an independent
audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, parties,
witnesses, and any other participants.
(2) Any pilot program under this subsection (e) shall
be developed by the administrative director or his or her
delegate in consultation with at least one local
organization providing assistance to domestic violence
victims. The program plan shall include, but not be
limited to:
(A) identification of agencies equipped with or
that have access to an independent audio-visual system
and electronic means for filing documents; and
(B) identification of one or more organizations
who are trained and available to assist petitioners in
preparing and filing petitions for temporary orders of
protection and in their electronic appearances before
the court to obtain such orders; and
(C) identification of the existing resources
available in local family courts for the
implementation and oversight of the pilot program; and
(D) procedures for filing petitions and documents
by electronic means, swearing in the petitioners and
witnesses, preparation of a transcript of testimony
and evidence presented, and a prompt transmission of
any orders issued to the parties; and
(E) a timeline for implementation and a plan for
informing the public about the availability of the
program; and
(F) a description of the data to be collected in
order to evaluate and make recommendations for
improvements to the pilot program.
(3) In conjunction with an electronic appearance, any
petitioner for an ex parte temporary order of protection
may, using the assistance of a trained advocate if
necessary, commence the proceedings by filing a petition
by electronic means.
(A) A petitioner who is seeking an ex parte
temporary order of protection using an electronic
appearance must file a petition in advance of the
appearance and may do so electronically.
(B) The petitioner must show that traveling to or
appearing in court would constitute an undue hardship
or create a risk of harm to the petitioner. In granting
or denying any relief sought by the petitioner, the
court shall state the names of all participants and
whether it is granting or denying an appearance by
electronic means and the basis for such a
determination. A party is not required to file a
petition or other document by electronic means or to
testify by means of an electronic appearance.
(C) Nothing in this subsection (e) affects or
changes any existing laws governing the service of
process, including requirements for personal service
or the sealing and confidentiality of court records in
court proceedings or access to court records by the
parties to the proceedings.
(4) Appearances.
(A) All electronic appearances by a petitioner
seeking an ex parte temporary order of protection
under this subsection (e) are strictly voluntary and
the court shall obtain the consent of the petitioner
on the record at the commencement of each appearance.
(B) Electronic appearances under this subsection
(e) shall be recorded and preserved for transcription.
Documentary evidence, if any, referred to by a party
or witness or the court may be transmitted and
submitted and introduced by electronic means.
(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
revised 12-13-22.)
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, the petitioner shall establish that:
(1) The court has jurisdiction under Section 208;
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy,
regardless of prior service of process or of notice upon
the respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
214(b)(3), "removal or concealment of minor child"
described in Section 214(b)(8), "order to appear"
described in Section 214(b)(9), "physical care and
possession of the minor child" described in Section
214(b)(5), "protection of property" described in
Section 214(b)(11), "prohibition of entry" described
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.5),
"prohibition of access to records" described in
Section 214(b)(15), and "injunctive relief" described
in Section 214(b)(16), the harm which that remedy is
intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
214(b)(2), the immediate danger of further abuse of
the petitioner by the respondent, if the petitioner
chooses or had chosen to remain in the residence or
household while the respondent was given any prior
notice or greater notice than was actually given of
the petitioner's efforts to obtain judicial relief,
outweighs the hardships to the respondent of an
emergency order granting the petitioner exclusive
possession of the residence or household. This remedy
shall not be denied because the petitioner has or
could obtain temporary shelter elsewhere while prior
notice is given to the respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to the petitioner;
(iii) For the remedy of "possession of personal
property" described in Section 214(b)(10), improper
disposition of the personal property would be likely
to occur if the respondent were given any prior
notice, or greater notice than was actually given, of
the petitioner's efforts to obtain judicial relief, or
the petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support, or monetary compensation
remedies.
(a-5) When a petition for an emergency order of protection
is granted, the order and file shall not be public and shall
only be accessible to the court, the petitioner, law
enforcement, a domestic violence advocate or counselor, the
counsel of record for either party, and the State's Attorney
for the county until the order is served on the respondent.
Accessibility to the order and file under this subsection
prior to the order being served on the respondent shall be in
accordance with Section 5 of the Court Record and Document
Accessibility Act.
(b) Appearance by respondent. If the respondent appears in
court for this hearing for an emergency order, he or she may
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at
the close of business, the petitioner may file a petition
for a 21-day emergency order before any available circuit
judge or associate judge who may grant relief under this
Act. If the judge finds that there is an immediate and
present danger of abuse to the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a) of Section 217, that judge may issue an
emergency order of protection.
(1.5) Issuance of order. The chief judge of the
circuit court may designate for each county in the circuit
at least one judge to be reasonably available to issue
orally, by telephone, by facsimile, or otherwise, an
emergency order of protection at all times, whether or not
the court is in session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Illinois State Police pursuant to Section 302. Any
order issued under this Section and any documentation in
support thereof shall be certified on the next court day
to the appropriate court. The clerk of that court shall
immediately assign a case number, file the petition, order
and other documents with the court, and enter the order of
record and file it with the sheriff for service, in
accordance with Section 222. Filing the petition shall
commence proceedings for further relief under Section 202.
Failure to comply with the requirements of this subsection
shall not affect the validity of the order.
(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
102-831, eff. 5-13-22; revised 7-29-22.)
Section 60. The Probate Act of 1975 is amended by changing
Section 11a-9 as follows:
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.
(a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the
disability impacts on the ability of the respondent to make
decisions or to function independently; (2) an analysis and
results of evaluations of the respondent's mental and physical
condition and, where appropriate, educational condition,
adaptive behavior and social skills, which have been performed
within 3 months of the date of the filing of the petition, or,
in the case of an intellectual disability, a psychological
evaluation of the respondent that has been performed by a
clinical psychologist licensed under the Clinical Psychologist
Licensing Act, within one year of the date of the filing of the
petition; (3) an opinion as to whether guardianship is needed,
the type and scope of the guardianship needed, and the reasons
therefor; (4) a recommendation as to the most suitable living
arrangement and, where appropriate, treatment or habilitation
plan for the respondent and the reasons therefor; (5) the
name, business address, business telephone number, and
signatures of all persons who performed the evaluations upon
which the report is based, one of whom shall be a licensed
physician, or may, in the case of an intellectual disability,
be a clinical psychologist licensed under the Clinical
Psychologist Licensing Act, and a statement of the
certification, license, or other credentials that qualify the
evaluators who prepared the report.
(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire
fee or such amount as the respondent is unable to pay. However,
in cases where the Office of State Guardian is the petitioner,
consistent with Section 30 of the Guardianship and Advocacy
Act, no expert services fees shall be assessed against the
Office of the State Guardian.
(c) Unless the court otherwise directs, any report
prepared pursuant to this Section shall not be made part of the
public record of the proceedings but shall be available to the
court or an appellate court in which the proceedings are
subject to review, to the respondent, the petitioner, the
guardian, and their attorneys, to the respondent's guardian ad
litem, and to such other persons as the court may direct.
Accessibility to a report prepared pursuant to this
Section shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(Source: P.A. 102-109, eff. 1-1-22.)