Illinois 93rd Regular Session Status: Enacted

HB 1400 — CIVIL NO CONTACT ORDER ACT

Last action — Public Act . . . . . . . . . 93-0236

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2003. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Creates the Civil No Contact Order Act. Sets forth procedures under which a victim of non-consensual sexual conduct or non-consensual sexual penetration may petition a court for a civil no contact order requiring the person who committed the non-consensual sexual conduct or non-consensual sexual penetration to stay away from the victim. Provides that violation of a civil no contact order is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Provides that a law enforcement officer may make an arrest without a warrant if the officer has probable cause to believe that a person has committed or is committing a violation of a civil no contact order. Provides that sheriffs shall furnish to the Department of State Police copies of no contact orders issued by the court and that civil no contact orders shall be entered in the LEADS system. Provides that the Department of State Police shall maintain a record and index of civil no contact orders.

Bill Text

What changed in the latest version

17 added · 17 removed

Plain-language change summary

In the latest version of HB 1400, all previous references marked as "Engrossed" have been replaced with "Enrolled." This change indicates that the bill has completed its legislative process and is ready for final approval or signature. This adjustment is important because it signifies the bill's official status, moving it closer to becoming law and ensuring clarity regarding its current stage in the legislative process.

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Previous
Latest
HB1400 Engrossed LRB093 07935 LCB 08126 b AN ACT concerning civil no contact orders.
HB1400 Enrolled LRB093 07935 LCB 08126 b AN ACT concerning civil no contact orders.
"Petitioner" means any named petitioner for the no contact order or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf HB1400 Engrossed -2- LRB093 07935 LCB 08126 b the petition is brought.
"Petitioner" means any named petitioner for the no contact order or any named victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf HB1400 Enrolled -2- LRB093 07935 LCB 08126 b the petition is brought.
HB1400 Engrossed -3- LRB093 07935 LCB 08126 b Section 202.
HB1400 Enrolled -3- LRB093 07935 LCB 08126 b Section 202.
(c) No fee shall be charged by the clerk of the court HB1400 Engrossed -4- LRB093 07935 LCB 08126 b for filing petitions or modifying or certifying orders.
(c) No fee shall be charged by the clerk of the court HB1400 Enrolled -4- LRB093 07935 LCB 08126 b for filing petitions or modifying or certifying orders.
(b) In circuit courts, rape crisis advocates shall be HB1400 Engrossed -5- LRB093 07935 LCB 08126 b allowed to accompany the victim and confer with the victim, unless otherwise directed by the court.
(b) In circuit courts, rape crisis advocates shall be HB1400 Enrolled -5- LRB093 07935 LCB 08126 b allowed to accompany the victim and confer with the victim, unless otherwise directed by the court.
HB1400 Engrossed -6- LRB093 07935 LCB 08126 b Section 208.
HB1400 Enrolled -6- LRB093 07935 LCB 08126 b Section 208.
Except as provided in Section 208, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12, unless notice is excused by Section 214 of HB1400 Engrossed -7- LRB093 07935 LCB 08126 b this Act or by the Code of Civil Procedure, Supreme Court Rules, or local rules.
Except as provided in Section 208, notice of hearings on petitions or motions shall be served in accordance with Supreme Court Rules 11 and 12, unless notice is excused by Section 214 of HB1400 Enrolled -7- LRB093 07935 LCB 08126 b this Act or by the Code of Civil Procedure, Supreme Court Rules, or local rules.
(b) No evidence admissible under this Section may be introduced unless ruled admissible by the trial judge after an offer of proof has been made at a hearing held in camera HB1400 Engrossed -8- LRB093 07935 LCB 08126 b to determine whether the respondent has evidence to impeach the witness in the event that prior sexual activity with the respondent is denied.
(b) No evidence admissible under this Section may be introduced unless ruled admissible by the trial judge after an offer of proof has been made at a hearing held in camera HB1400 Enrolled -8- LRB093 07935 LCB 08126 b to determine whether the respondent has evidence to impeach the witness in the event that prior sexual activity with the respondent is denied.
HB1400 Engrossed -9- LRB093 07935 LCB 08126 b (1) order the respondent to stay away from the petitioner;
HB1400 Enrolled -9- LRB093 07935 LCB 08126 b (1) order the respondent to stay away from the petitioner;
or (6) the petitioner did not leave the residence or household to avoid further non-consensual sexual conduct HB1400 Engrossed -10- LRB093 07935 LCB 08126 b or non-consensual sexual penetration by the respondent.
or (6) the petitioner did not leave the residence or household to avoid further non-consensual sexual conduct HB1400 Enrolled -10- LRB093 07935 LCB 08126 b or non-consensual sexual penetration by the respondent.
(1) When the court is unavailable at the close of business, the petitioner may file a petition for a 21-day HB1400 Engrossed -11- LRB093 07935 LCB 08126 b emergency order before any available circuit judge or associate judge who may grant relief under this Act.
(1) When the court is unavailable at the close of business, the petitioner may file a petition for a 21-day HB1400 Enrolled -11- LRB093 07935 LCB 08126 b emergency order before any available circuit judge or associate judge who may grant relief under this Act.
(3) a general appearance was made or filed by or HB1400 Engrossed -12- LRB093 07935 LCB 08126 b for the respondent or process was served on the respondent in the manner required by Section 208;
(3) a general appearance was made or filed by or HB1400 Enrolled -12- LRB093 07935 LCB 08126 b for the respondent or process was served on the respondent in the manner required by Section 208;
or (4) until the date set by the court for expiration of any sentence of imprisonment and subsequent parole or mandatory supervised release and for an additional period of time thereafter not HB1400 Engrossed -13- LRB093 07935 LCB 08126 b exceeding 2 years.
or (4) until the date set by the court for expiration of any sentence of imprisonment and subsequent parole or mandatory supervised release and for an additional period of time thereafter not HB1400 Enrolled -13- LRB093 07935 LCB 08126 b exceeding 2 years.
HB1400 Engrossed -14- LRB093 07935 LCB 08126 b (2) The date and time the civil no contact order was issued, whether it is an emergency or plenary order, and the duration of the order.
HB1400 Enrolled -14- LRB093 07935 LCB 08126 b (2) The date and time the civil no contact order was issued, whether it is an emergency or plenary order, and the duration of the order.
HB1400 Engrossed -15- LRB093 07935 LCB 08126 b (c) Unless the respondent was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the respondent and file proof of such service in the manner provided for service of process in civil proceedings.
HB1400 Enrolled -15- LRB093 07935 LCB 08126 b (c) Unless the respondent was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon the respondent and file proof of such service in the manner provided for service of process in civil proceedings.
HB1400 Engrossed -16- LRB093 07935 LCB 08126 b ARTICLE III LAW ENFORCEMENT RESPONSIBILITIES Section 301.
HB1400 Enrolled -16- LRB093 07935 LCB 08126 b ARTICLE III LAW ENFORCEMENT RESPONSIBILITIES Section 301.
The data shall be used to inform all dispatchers and law enforcement officers at the scene of an alleged incident of HB1400 Engrossed -17- LRB093 07935 LCB 08126 b non-consensual sexual conduct or non-consensual sexual penetration or violation of a civil no contact order of any recorded prior incident of non-consensual sexual conduct or non-consensual sexual penetration involving the victim and the effective dates and terms of any recorded civil no contact order.
The data shall be used to inform all dispatchers and law enforcement officers at the scene of an alleged incident of HB1400 Enrolled -17- LRB093 07935 LCB 08126 b non-consensual sexual conduct or non-consensual sexual penetration or violation of a civil no contact order of any recorded prior incident of non-consensual sexual conduct or non-consensual sexual penetration involving the victim and the effective dates and terms of any recorded civil no contact order.
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Action History

  1. Public Act . . . . . . . . . 93-0236

  2. Effective Date January 1, 2004

  3. Governor Approved

  4. Sent to the Governor

  5. Added as Alternate Co-Sponsor Sen. Jacqueline Y. Collins

  6. Passed Both Houses

  7. Third Reading - Passed; 056-000-000

  8. Added as Alternate Chief Co-Sponsor Sen. Lawrence M. Walsh

  9. Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez

  10. Added as Alternate Co-Sponsor Sen. Pamela J. Althoff

  11. Placed on Calendar Order of 3rd Reading May 7, 2003

  12. Second Reading

  13. Added as Alternate Co-Sponsor Sen. Larry K. Bomke

  14. Placed on Calendar Order of 2nd Reading May 6, 2003

  15. Do Pass Judiciary; 010-000-000

  16. Assigned to Judiciary

  17. Added as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard

  18. Referred to Rules

  19. First Reading

  20. Chief Senate Sponsor Sen. John J. Cullerton

  21. Placed on Calendar Order of First Reading April 2, 2003

  22. Arrive in Senate

  23. Third Reading - Short Debate - Passed 117-000-000

  24. Added Co-Sponsor Rep. George Scully, Jr.

  25. Added Co-Sponsor Rep. Lou Lang

  26. Added Co-Sponsor Rep. Jack D. Franks

  27. Placed on Calendar Order of 3rd Reading - Short Debate

  28. House Floor Amendment No. 1 Adopted by Voice Vote

  29. Second Reading - Short Debate

  30. Added Co-Sponsor Rep. Mary K. O'Brien

  31. House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 018-000-000

  32. House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee

  33. House Floor Amendment No. 1 Referred to Rules Committee

  34. House Floor Amendment No. 1 Filed with Clerk by Rep. John A. Fritchey

  35. Held on Calendar Order of Second Reading - Short Debate

  36. Recalled to Second Reading - Short Debate

  37. Added Co-Sponsor Rep. Karen A. Yarbrough

  38. Added Co-Sponsor Rep. Kenneth Dunkin

  39. Added Co-Sponsor Rep. Marlow H. Colvin

  40. Placed on Calendar Order of 3rd Reading - Short Debate

  41. Second Reading - Short Debate

  42. Placed on Calendar 2nd Reading - Short Debate

  43. Do Pass / Short Debate Judiciary I - Civil Law Committee; 018-000-000

  44. Added Co-Sponsor Rep. Karen May

  45. Added Co-Sponsor Rep. Sidney H. Mathias

  46. Added Co-Sponsor Rep. Michael P. McAuliffe

  47. Assigned to Judiciary I - Civil Law Committee

  48. Referred to Rules Committee

  49. First Reading

  50. Co-Sponsor Rep. Linda Chapa LaVia

  51. Chief Co-Sponsor Rep. Harry Osterman

  52. Chief Co-Sponsor Rep. Renee Kosel

  53. Chief Co-Sponsor Rep. John J. Millner

  54. Chief Co-Sponsor Rep. Julie Hamos

  55. Filed with the Clerk by Rep. John A. Fritchey

Sponsors

  • John A. Fritchey · Cosponsor
  • Larry K. Bomke · Cosponsor
  • Pamela J. Althoff · Cosponsor
  • Jacqueline Y. Collins · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 4 co-sponsors · 179 not signed on

Sponsors (0)

None.

Co-sponsors (4)

  • John A. Fritchey
  • Larry K. Bomke
  • Pamela J. Althoff
  • Jacqueline Y. Collins

Not signed on (179)

179 members have not signed on to this bill.

Show all 179 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democrat 7000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Silverstein — Yea
Soden — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Not Voting
Halvorson — Yea
Obama — Yea
Munoz — Yea
Lauzen — Yea
Sullivan, D. — Yea
Brady — Yea
Sullivan, J. — Yea
Petka — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Jacobs — Yea
Jones, J. — Yea
Jones, W. — Yea
Meeks — Yea
Watson — Yea
Cullerton — Yea
Demuzio — Yea
Radogno — Not Voting
Schoenberg — Yea
Shadid — Yea
Sieben — Not Voting
Trotter — Yea
Viverito — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Haine — Yea
Peterson — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Scully — Yea
Slone — Yea
Sommer — Yea
Soto — Yea
Krause — Yea
Madigan — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Bassi — Yea
Beaubien — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Brunsvold — Yea
Capparelli — Yea
McAuliffe — Yea
Molaro — Yea
Munson — Yea
Hassert — Yea
Jakobsson — Yea
Jefferson — Yea
Osterman — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Pankau — Yea
Parke — Yea
Phelps — Yea
Bailey — Yea
Lyons, Eileen — Yea
Lyons, Joseph — Yea
Reitz — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Mautino — Yea
May — Yea
McCarthy — Yea
Mendoza — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Morrow — Yea
McGuire — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Bradley, Richard — Yea
Tenhouse — Yea
Brady — Yea
Turner — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Hannig — Yea
Wirsing — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Howard — Yea
Watson — Yea
Jones — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Flowers — Yea
Forby — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hartke — Yea
Holbrook — Yea
Hultgren — Yea
Kurtz — Yea
Davis, Monique — Yea
Davis, Steve — Yea
McKeon — Not Voting
Novak — Yea
O'Brien — Yea
Osmond — Yea
Currie — Yea
Daniels — Yea
Kosel — Yea
Yarbrough — Yea
Younge — Yea
Pihos — Yea
Poe — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1400 do?
Creates the Civil No Contact Order Act. Sets forth procedures under which a victim of non-consensual sexual conduct or non-consensual sexual penetration may petition a court for a civil no contact order requiring the person who committed the non-consensual sexual conduct or non-consensual sexual penetration to stay away from the victim. Provides that violation of a civil no contact order is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Provides that a law enforcement officer may make an arrest without a warrant if the officer has probable cause to believe that a person has committed or is committing a violation of a civil no contact order. Provides that sheriffs shall furnish to the Department of State Police copies of no contact orders issued by the court and that civil no contact orders shall be entered in the LEADS system. Provides that the Department of State Police shall maintain a record and index of civil no contact orders.
Who sponsors HB 1400?
HB 1400 is sponsored by John A. Fritchey, Larry K. Bomke, Pamela J. Althoff, and Jacqueline Y. Collins.
What is the current status of HB 1400?
This bill has been enacted into law. Introduced February 06, 2003. Enacted.
Where can I track HB 1400?
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