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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2934

Introduced 1/27/2026, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

15 ILCS 205/6.7 new
750 ILCS 60/214

from Ch. 40, par. 2312-14
750 ILCS 60/222

from Ch. 40, par. 2312-22
750 ILCS 60/222.15 new
750 ILCS 60/223

from Ch. 40, par. 2312-23
750 ILCS 60/305

from Ch. 40, par. 2313-5

Amends the Attorney General Act. Requires the Attorney General to
develop and provide guidance for electronic service by law enforcement of
orders of protection issued under the Illinois Domestic Violence Act of
1986. Amends the Illinois Domestic Violence Act of 1986. Provides that if
petitioner is granted a stay-away order, the court may order local law
enforcement, to the extent possible, to periodically monitor the
petitioner's residence, periodically patrol near the petitioner's
residence, and investigate whether a violation of the order of protection
has occurred. Permits electronic service of an order of protection after 2
unsuccessful attempts of personal service. Provides the circumstances in
which electronic service may be used. Makes other changes.
LRB104 17679 JRC 31110 b

A BILL FOR

SB2934
LRB104 17679 JRC 31110 b
1

AN ACT concerning domestic violence.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Attorney General Act is amended by adding
5
Section 6.7 as follows:

6

(15 ILCS 205/6.7 new)
7

Sec. 6.7.
Guidance and procedures for electronic service.
8
The General Assembly finds that the Illinois Domestic Violence
9
Act of 1986's goals of supporting and protecting victims from
10
further abuse require strategic and vigilant action from the
11
court and law enforcement. To assist these efforts, the Office
12
of the Attorney General shall develop and provide guidance and
13
procedures for attempting electronic service, as allowed under
14
the Illinois Domestic Violence Act of 1986. Access to
15
electronic service simplifies and modernizes courts, reduces
16
costs, guarantees actual notice to the respondent, and
17
minimizes delays and the need for more hearings, all of which
18
can hinder access to justice and undermine judicial economy.

19

Section 10.
The Illinois Domestic Violence Act of 1986 is
20
amended by changing Sections 214, 222, 223, and 305 and by
21
adding Section 222.15 as follows:

SB2934
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1

(750 ILCS 60/214)

(from Ch. 40, par. 2312-14)
2

Sec. 214.
Order of protection; remedies.
3

(a) Issuance of order. If the court finds that petitioner
4
has been abused by a family or household member or that
5
petitioner is a high-risk adult who has been abused,
6
neglected, or exploited, as defined in this Act, an order of
7
protection prohibiting the abuse, neglect, or exploitation
8
shall issue; provided that petitioner must also satisfy the
9
requirements of one of the following Sections, as appropriate:
10
Section 217 on emergency orders, Section 218 on interim
11
orders, or Section 219 on plenary orders. Petitioner shall not
12
be denied an order of protection because petitioner or
13
respondent is a minor. The court, when determining whether or
14
not to issue an order of protection, shall not require
15
physical manifestations of abuse on the person of the victim.
16
Modification and extension of prior orders of protection shall
17
be in accordance with this Act.
18

(b) Remedies and standards. The remedies to be included in
19
an order of protection shall be determined in accordance with
20
this Section and one of the following Sections, as
21
appropriate: Section 217 on emergency orders, Section 218 on
22
interim orders, and Section 219 on plenary orders. The
23
remedies listed in this subsection shall be in addition to
24
other civil or criminal remedies available to petitioner.
25

(1) Prohibition of abuse, neglect, or exploitation.
26

Prohibit respondent's harassment, interference with

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1

personal liberty, intimidation of a dependent, physical
2

abuse, or willful deprivation, neglect or exploitation, as
3

defined in this Act, or stalking of the petitioner, as
4

defined in Section 12-7.3 of the Criminal Code of 2012, if
5

such abuse, neglect, exploitation, or stalking has
6

occurred or otherwise appears likely to occur if not
7

prohibited.
8

(2) Grant of exclusive possession of residence.
9

Prohibit respondent from entering or remaining in any
10

residence, household, or premises of the petitioner,
11

including one owned or leased by respondent, if petitioner
12

has a right to occupancy thereof. The grant of exclusive
13

possession of the residence, household, or premises shall
14

not affect title to real property, nor shall the court be
15

limited by the standard set forth in subsection (c-2) of
16

Section 501 of the Illinois Marriage and Dissolution of
17

Marriage Act.
18

(A) Right to occupancy. A party has a right to
19

occupancy of a residence or household if it is solely
20

or jointly owned or leased by that party, that party's
21

spouse, a person with a legal duty to support that
22

party or a minor child in that party's care, or by any
23

person or entity other than the opposing party that
24

authorizes that party's occupancy (e.g., a domestic
25

violence shelter). Standards set forth in subparagraph
26

(B) shall not preclude equitable relief.

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1

(B) Presumption of hardships. If petitioner and
2

respondent each has the right to occupancy of a
3

residence or household, the court shall balance (i)
4

the hardships to respondent and any minor child or
5

dependent adult in respondent's care resulting from
6

entry of this remedy with (ii) the hardships to
7

petitioner and any minor child or dependent adult in
8

petitioner's care resulting from continued exposure to
9

the risk of abuse (should petitioner remain at the
10

residence or household) or from loss of possession of
11

the residence or household (should petitioner leave to
12

avoid the risk of abuse). When determining the balance
13

of hardships, the court shall also take into account
14

the accessibility of the residence or household.
15

Hardships need not be balanced if respondent does not
16

have a right to occupancy.
17

The balance of hardships is presumed to favor
18

possession by petitioner unless the presumption is
19

rebutted by a preponderance of the evidence, showing
20

that the hardships to respondent substantially
21

outweigh the hardships to petitioner and any minor
22

child or dependent adult in petitioner's care. The
23

court, on the request of petitioner or on its own
24

motion, may order respondent to provide suitable,
25

accessible, alternate housing for petitioner instead
26

of excluding respondent from a mutual residence or

SB2934
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LRB104 17679 JRC 31110 b
1

household.
2

(3) Stay away order and additional prohibitions. Order
3

respondent to stay away from petitioner or any other
4

person protected by the order of protection, or prohibit
5

respondent from entering or remaining present at
6

petitioner's school, place of employment, or other
7

specified places at times when petitioner is present, or
8

both, if reasonable, given the balance of hardships.
9

Hardships need not be balanced for the court to enter a
10

stay away order or prohibit entry if respondent has no
11

right to enter the premises.
12

(A) If an order of protection grants petitioner
13

exclusive possession of the residence, or prohibits
14

respondent from entering the residence, or orders
15

respondent to stay away from petitioner or other
16

protected persons, then the court may allow respondent
17

access to the residence to remove items of clothing
18

and personal adornment used exclusively by respondent,
19

medications, and other items as the court directs. The
20

right to access shall be exercised on only one
21

occasion as the court directs and in the presence of an
22

agreed-upon adult third party or law enforcement
23

officer.
24

(B) When the petitioner and the respondent attend
25

the same public, private, or non-public elementary,
26

middle, or high school, the court when issuing an

SB2934
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1

order of protection and providing relief shall
2

consider the severity of the act, any continuing
3

physical danger or emotional distress to the
4

petitioner, the educational rights guaranteed to the
5

petitioner and respondent under federal and State law,
6

the availability of a transfer of the respondent to
7

another school, a change of placement or a change of
8

program of the respondent, the expense, difficulty,
9

and educational disruption that would be caused by a
10

transfer of the respondent to another school, and any
11

other relevant facts of the case. The court may order
12

that the respondent not attend the public, private, or
13

non-public elementary, middle, or high school attended
14

by the petitioner, order that the respondent accept a
15

change of placement or change of program, as
16

determined by the school district or private or
17

non-public school, or place restrictions on the
18

respondent's movements within the school attended by
19

the petitioner. The respondent bears the burden of
20

proving by a preponderance of the evidence that a
21

transfer, change of placement, or change of program of
22

the respondent is not available. The respondent also
23

bears the burden of production with respect to the
24

expense, difficulty, and educational disruption that
25

would be caused by a transfer of the respondent to
26

another school. A transfer, change of placement, or

SB2934
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LRB104 17679 JRC 31110 b
1

change of program is not unavailable to the respondent
2

solely on the ground that the respondent does not
3

agree with the school district's or private or
4

non-public school's transfer, change of placement, or
5

change of program or solely on the ground that the
6

respondent fails or refuses to consent or otherwise
7

does not take an action required to effectuate a
8

transfer, change of placement, or change of program.
9

When a court orders a respondent to stay away from the
10

public, private, or non-public school attended by the
11

petitioner and the respondent requests a transfer to
12

another attendance center within the respondent's
13

school district or private or non-public school, the
14

school district or private or non-public school shall
15

have sole discretion to determine the attendance
16

center to which the respondent is transferred. In the
17

event the court order results in a transfer of the
18

minor respondent to another attendance center, a
19

change in the respondent's placement, or a change of
20

the respondent's program, the parents, guardian, or
21

legal custodian of the respondent is responsible for
22

transportation and other costs associated with the
23

transfer or change.
24

(C) The court may order the parents, guardian, or
25

legal custodian of a minor respondent to take certain
26

actions or to refrain from taking certain actions to

SB2934
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LRB104 17679 JRC 31110 b
1

ensure that the respondent complies with the order. In
2

the event the court orders a transfer of the
3

respondent to another school, the parents, guardian,
4

or legal custodian of the respondent is responsible
5

for transportation and other costs associated with the
6

change of school by the respondent.
7

(4) Counseling. Require or recommend the respondent to
8

undergo counseling for a specified duration with a social
9

worker, psychologist, clinical psychologist,
10

psychiatrist, family service agency, alcohol or substance
11

abuse program, mental health center guidance counselor,
12

agency providing services to elders, program designed for
13

domestic violence abusers or any other guidance service
14

the court deems appropriate. The Court may order the
15

respondent in any intimate partner relationship to report
16

to an Illinois Department of Human Services protocol
17

approved partner abuse intervention program for an
18

assessment and to follow all recommended treatment.
19

(5) Physical care and possession of the minor child.
20

In order to protect the minor child from abuse, neglect,
21

or unwarranted separation from the person who has been the
22

minor child's primary caretaker, or to otherwise protect
23

the well-being of the minor child, the court may do either
24

or both of the following: (i) grant petitioner physical
25

care or possession of the minor child, or both, or (ii)
26

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

SB2934
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LRB104 17679 JRC 31110 b
1

a minor child from, the physical care of a parent or person
2

in loco parentis.
3

If a court finds, after a hearing, that respondent has
4

committed abuse (as defined in Section 103) of a minor
5

child, there shall be a rebuttable presumption that
6

awarding physical care to respondent would not be in the
7

minor child's best interest.
8

(6) Temporary allocation of parental responsibilities:
9

significant decision-making. Award temporary
10

decision-making responsibility to petitioner in accordance
11

with this Section, the Illinois Marriage and Dissolution
12

of Marriage Act, the Illinois Parentage Act of 2015, and
13

this State's Uniform Child-Custody Jurisdiction and
14

Enforcement Act.
15

If a court finds, after a hearing, that respondent has
16

committed abuse (as defined in Section 103) of a minor
17

child, there shall be a rebuttable presumption that
18

awarding temporary significant decision-making
19

responsibility to respondent would not be in the child's
20

best interest.
21

(7) Parenting time. Determine the parenting time, if
22

any, of respondent in any case in which the court awards
23

physical care or allocates temporary significant
24

decision-making responsibility of a minor child to
25

petitioner. The court shall restrict or deny respondent's
26

parenting time with a minor child if the court finds that

SB2934
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LRB104 17679 JRC 31110 b
1

respondent has done or is likely to do any of the
2

following: (i) abuse or endanger the minor child during
3

parenting time; (ii) use the parenting time as an
4

opportunity to abuse or harass petitioner or petitioner's
5

family or household members; (iii) improperly conceal or
6

detain the minor child; or (iv) otherwise act in a manner
7

that is not in the best interests of the minor child. The
8

court shall not be limited by the standards set forth in
9

Section 603.10 of the Illinois Marriage and Dissolution of
10

Marriage Act. If the court grants parenting time, the
11

order shall specify dates and times for the parenting time
12

to take place or other specific parameters or conditions
13

that are appropriate. No order for parenting time shall
14

refer merely to the term "reasonable parenting time".
15

Petitioner may deny respondent access to the minor
16

child if, when respondent arrives for parenting time,
17

respondent is under the influence of drugs or alcohol and
18

constitutes a threat to the safety and well-being of
19

petitioner or petitioner's minor children or is behaving
20

in a violent or abusive manner.
21

If necessary to protect any member of petitioner's
22

family or household from future abuse, respondent shall be
23

prohibited from coming to petitioner's residence to meet
24

the minor child for parenting time, and the parties shall
25

submit to the court their recommendations for reasonable
26

alternative arrangements for parenting time. A person may

SB2934
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LRB104 17679 JRC 31110 b
1

be approved to supervise parenting time only after filing
2

an affidavit accepting that responsibility and
3

acknowledging accountability to the court.
4

(8) Removal or concealment of minor child. Prohibit
5

respondent from removing a minor child from the State or
6

concealing the child within the State.
7

(9) Order to appear. Order the respondent to appear in
8

court, alone or with a minor child, to prevent abuse,
9

neglect, removal or concealment of the child, to return
10

the child to the custody or care of the petitioner or to
11

permit any court-ordered interview or examination of the
12

child or the respondent.
13

(10) Possession of personal property. Grant petitioner
14

exclusive possession of personal property and, if
15

respondent has possession or control, direct respondent to
16

promptly make it available to petitioner, if:
17

(i) petitioner, but not respondent, owns the
18

property; or
19

(ii) the parties own the property jointly; sharing
20

it would risk abuse of petitioner by respondent or is
21

impracticable; and the balance of hardships favors
22

temporary possession by petitioner.
23

If petitioner's sole claim to ownership of the
24

property is that it is marital property, the court may
25

award petitioner temporary possession thereof under the
26

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

SB2934
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LRB104 17679 JRC 31110 b
1

proper proceeding has been filed under the Illinois
2

Marriage and Dissolution of Marriage Act, as now or
3

hereafter amended.
4

No order under this provision shall affect title to
5

property.
6

(11) Protection of property. Forbid the respondent
7

from taking, transferring, encumbering, concealing,
8

damaging or otherwise disposing of any real or personal
9

property, except as explicitly authorized by the court,
10

if:
11

(i) petitioner, but not respondent, owns the
12

property; or
13

(ii) the parties own the property jointly, and the
14

balance of hardships favors granting this remedy.
15

If petitioner's sole claim to ownership of the
16

property is that it is marital property, the court may
17

grant petitioner relief under subparagraph (ii) of this
18

paragraph only if a proper proceeding has been filed under
19

the Illinois Marriage and Dissolution of Marriage Act, as
20

now or hereafter amended.
21

The court may further prohibit respondent from
22

improperly using the financial or other resources of an
23

aged member of the family or household for the profit or
24

advantage of respondent or of any other person.
25

(11.5) Protection of animals. Grant the petitioner the
26

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

SB2934
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LRB104 17679 JRC 31110 b
1

possessed, leased, kept, or held by either the petitioner
2

or the respondent or a minor child residing in the
3

residence or household of either the petitioner or the
4

respondent and order the respondent to stay away from the
5

animal and forbid the respondent from taking,
6

transferring, encumbering, concealing, harming, or
7

otherwise disposing of the animal.
8

(12) Order for payment of support. Order respondent to
9

pay temporary support for the petitioner or any child in
10

the petitioner's care or over whom the petitioner has been
11

allocated parental responsibility, when the respondent has
12

a legal obligation to support that person, in accordance
13

with the Illinois Marriage and Dissolution of Marriage
14

Act, which shall govern, among other matters, the amount
15

of support, payment through the clerk and withholding of
16

income to secure payment. An order for child support may
17

be granted to a petitioner with lawful physical care of a
18

child, or an order or agreement for physical care of a
19

child, prior to entry of an order allocating significant
20

decision-making responsibility. Such a support order shall
21

expire upon entry of a valid order allocating parental
22

responsibility differently and vacating the petitioner's
23

significant decision-making authority, unless otherwise
24

provided in the order.
25

(13) Order for payment of losses. Order respondent to
26

pay petitioner for losses suffered as a direct result of

SB2934
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LRB104 17679 JRC 31110 b
1

the abuse, neglect, or exploitation. Such losses shall
2

include, but not be limited to, medical expenses, lost
3

earnings or other support, repair or replacement of
4

property damaged or taken, reasonable attorney's fees,
5

court costs and moving or other travel expenses, including
6

additional reasonable expenses for temporary shelter and
7

restaurant meals.
8

(i) Losses affecting family needs. If a party is
9

entitled to seek maintenance, child support or
10

property distribution from the other party under the
11

Illinois Marriage and Dissolution of Marriage Act, as
12

now or hereafter amended, the court may order
13

respondent to reimburse petitioner's actual losses, to
14

the extent that such reimbursement would be
15

"appropriate temporary relief", as authorized by
16

subsection (a)(3) of Section 501 of that Act.
17

(ii) Recovery of expenses. In the case of an
18

improper concealment or removal of a minor child, the
19

court may order respondent to pay the reasonable
20

expenses incurred or to be incurred in the search for
21

and recovery of the minor child, including but not
22

limited to legal fees, court costs, private
23

investigator fees, and travel costs.
24

(14) Prohibition of entry. Prohibit the respondent
25

from entering or remaining in the residence or household
26

while the respondent is under the influence of alcohol or

SB2934
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LRB104 17679 JRC 31110 b
1

drugs and constitutes a threat to the safety and
2

well-being of the petitioner or the petitioner's children.
3

(14.5) Prohibition of possession of firearms and
4

firearm parts; search and seizure of firearms and firearms
5

parts.
6

(A)(i) Prohibit a respondent against whom an
7

emergency, interim, or plenary order of protection was
8

issued from possessing, during the duration of the
9

order, any firearms or firearm parts that could be
10

assembled into an operable firearm if a search warrant
11

is issued under (A-1) or the order:
12

(aa) was issued after a hearing of which such
13

person received actual notice, and at which such
14

person had an opportunity to participate, or the
15

petitioner has satisfied the requirements of
16

Section 217;
17

(bb) restrains such person from using physical
18

force; harassing, stalking, or threatening an
19

intimate partner of such person or child of such
20

intimate partner or person; or engaging in other
21

conduct that would place an intimate partner in
22

reasonable fear of bodily injury to the partner or
23

child; and
24

(cc) includes a finding that such person
25

represents a credible threat to the physical
26

safety of such intimate partner or child.

SB2934
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1

(ii) The court shall order any respondent
2

prohibited from possessing firearms under item (i) of
3

subparagraph (A) to surrender any firearms or firearm
4

parts that could be assembled to make an operable
5

firearm. Any firearms or firearm parts on the
6

respondent's person or at the place of service shall
7

be surrendered to the serving officers at the time of
8

service of the order of protection, and any other
9

firearms or firearm parts shall be surrendered to
10

local law enforcement within 24 hours of service of
11

the order of protection. Any Firearm Owner's
12

Identification Card or Concealed Carry License in the
13

possession of the respondent, except as provided in
14

subparagraph (B), shall also be ordered by the court
15

to be turned over to the officer serving the order of
16

protection at the time of service or, if not on the
17

respondent's person or at the location where the
18

respondent is served at the time of service, to local
19

law enforcement within 24 hours of service of the
20

order of protection. The law enforcement agency shall
21

immediately mail the card, as well as any license, to
22

the Illinois State Police Firearm Owner's
23

Identification Card Office for safekeeping.
24

(A-1)(i) Upon issuance of an emergency, interim,
25

or plenary order of protection and subject to the
26

provisions of item (ii) of this subparagraph (A-1),

SB2934
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LRB104 17679 JRC 31110 b
1

the court shall issue a search warrant for the seizure
2

of any firearms or firearm parts that could be
3

assembled to make an operable firearm belonging to the
4

respondent if the court, based upon sworn testimony,
5

finds that:
6

(aa) the respondent poses a credible threat to
7

the physical safety of the petitioner protected by
8

the order of protection; and
9

(bb) probable cause exists to believe that:
10

(I) the respondent possesses firearms or
11

firearm parts that could be assembled to make
12

an operable firearm;
13

(II) the firearms or firearm parts that
14

could be assembled to make an operable firearm
15

are located at the residence, vehicle, or
16

other property of the respondent to be
17

searched; and
18

(III) the credible threat to the physical
19

safety of the petitioner protected by the
20

order of protection is immediate and present.
21

The record shall reflect the court's findings in
22

determining whether the search warrant shall be
23

issued.
24

(ii) If the petitioner does not seek a warrant
25

under this subparagraph (A-1) or the court determines
26

that the requirements of this subparagraph (A-1) have

SB2934
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1

not been met, relief under subparagraph (A) alone may
2

be granted.
3

(iii) An ex parte search warrant shall be granted
4

under this subparagraph (A-1) only if the court finds
5

that:
6

(aa) the elements of item (i) of subparagraph
7

(A-1) have been met;
8

(bb) personal injury to the petitioner is
9

likely to occur if the respondent received prior
10

notice; and
11

(cc) the petitioner has otherwise satisfied
12

the requirements of Section 217 of this Act.
13

(iv) Oral testimony is sufficient in lieu of an
14

affidavit to support a finding of probable cause.
15

(v) A search warrant issued under this
16

subparagraph (A-1) shall be directed by the court for
17

enforcement to the law enforcement agency with primary
18

responsibility for responding to calls for service at
19

the location to be searched or to another appropriate
20

law enforcement agency if justified by the
21

circumstances. The search warrant shall specify with
22

particularity the scope of the search, including the
23

property to be searched, and shall direct the law
24

enforcement agency to seize the respondent's firearms
25

and firearm parts that could be assembled to make an
26

operable firearm. Law enforcement shall also be

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1

directed to seize any Firearm Owner's Identification
2

Card and any Concealed Carry License belonging to the
3

respondent.
4

(vi) The petitioner shall prepare an information
5

sheet, reviewed by the court, for law enforcement at
6

the time the warrant is granted. The information sheet
7

shall include:
8

(aa) contact information for the petitioner,
9

the petitioner's attorney, or both, including a
10

telephone number and email, if available;
11

(bb) a physical description of the respondent,
12

including the respondent's date of birth, if
13

known, or approximate age, height, weight, race,
14

and hair color;
15

(cc) days and times that the respondent is
16

likely to be at the property to be searched, if
17

known; and
18

(dd) whether people other than the respondent
19

are likely to be present at the property to be
20

searched and when, if known.
21

(vii) The information sheet shall be transmitted
22

to the law enforcement agency to which the search
23

warrant is directed in the same manner as the warrant
24

is transmitted under Section 222 of this Act.
25

(viii) If the court, after determining a search
26

warrant should issue, finds that the petitioner has

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1

made a credible report of domestic violence to the
2

local law enforcement agency within the previous 90
3

days, law enforcement shall execute the warrant no
4

later than 96 hours after receipt of the warrant. If
5

the court finds that petitioner has not made such a
6

report, the law enforcement agency to which the court
7

has directed the warrant shall, within 48 hours of
8

receipt, evaluate the warrant and seek any corrections
9

to the warrant, and, if applicable, add to or negate
10

the warrant. The record shall reflect the court's
11

findings in determining whether to correct, add, or
12

negate the warrant. If a change is made regarding the
13

search warrant, law enforcement shall execute the
14

warrant no later than 96 hours after the correction is
15

issued. The law enforcement agency shall notify the
16

petitioner of any changes to the warrant or if the
17

warrant has been negated. The law enforcement agency
18

to which the court has directed the warrant may
19

coordinate with other law enforcement agencies to
20

execute the warrant. A return of the warrant shall be
21

filed by the law enforcement agency within 24 hours of
22

execution, setting forth the time, date, and location
23

where the warrant was executed and what items, if any,
24

were seized. If the court is not in session, the return
25

information shall be returned on the next date the
26

court is in session. Subject to the provisions of this

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1

Section, peace officers shall have the same authority
2

to execute a warrant issued pursuant to this
3

subsection as a warrant issued under Article 108 of
4

the Code of Criminal Procedure of 1963.
5

(ix) Upon discovering a defect in the search
6

warrant, the appropriate law enforcement agency may
7

petition the court to correct the warrant. The law
8

enforcement agency shall notify the petitioner of any
9

such correction.
10

(x) Upon petition by the appropriate law
11

enforcement agency, the court may modify the search
12

warrant or extend the time to execute the search
13

warrant for a period of no more than 96 hours. In
14

determining whether to modify or extend the warrant,
15

the court shall consider:
16

(aa) any increased risk to the petitioner's
17

safety that may result from a modification or
18

extension of the warrant;
19

(bb) any unnecessary risk to law enforcement
20

that would be mitigated by a modification or
21

extension of the warrant;
22

(cc) any risks to third parties at the
23

location to be searched that would be mitigated by
24

a modification or extension of the warrant; and
25

(dd) the likelihood of successful execution of
26

warrant.

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1

The record shall reflect the court's findings in
2

determining whether to extend or modify the warrant.
3

The law enforcement agency shall notify the petitioner
4

of any modification or extension of the warrant.
5

(xi) Service of any order of protection shall, to
6

the extent possible, be concurrent with the execution
7

of any search warrant under this paragraph.
8

(B) If the respondent is a peace officer as
9

defined in Section 2-13 of the Criminal Code of 2012,
10

the court shall order that any firearms used by the
11

respondent in the performance of his or her duties as a
12

peace officer be surrendered to the chief law
13

enforcement executive of the agency in which the
14

respondent is employed, who shall retain the firearms
15

for safekeeping for the duration of the order of
16

protection.
17

(C)(i) Any firearms or firearm parts that could be
18

assembled to make an operable firearm shall be kept by
19

the law enforcement agency that took possession of the
20

items for safekeeping, except as provided in
21

subparagraph (B). The period of safekeeping shall be
22

for the duration of the order of protection. Except as
23

provided in subparagraph (E), the respondent is
24

prohibited from transferring firearms or firearm parts
25

to another individual in lieu of surrender to law
26

enforcement. The law enforcement agency shall provide

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1

an itemized statement of receipt to the respondent and
2

the court describing any seized or surrendered
3

firearms or firearm parts and informing the respondent
4

that the respondent may seek the return of the
5

respondent's items at the end of the order of
6

protection. The law enforcement agency may enter
7

arrangements, as needed, with federally licensed
8

firearm dealers or other law enforcement agencies for
9

the storage of any firearms seized or surrendered
10

under this subsection.
11

(ii) It is the respondent's responsibility to
12

request the return or reinstatement of any Firearm
13

Owner's Identification Card or Concealed Carry License
14

and notify the Illinois State Police Firearm Owner's
15

Identification Card Office at the end of the Order of
16

Protection.
17

(iii) At the end of the order of protection, a
18

respondent may request the return of any seized or
19

surrendered firearms or firearm parts that could be
20

assembled to make an operable firearm. Such firearms
21

or firearm parts shall be returned within 14 days of
22

the request to the respondent, if the respondent is
23

lawfully eligible to possess firearms, or to a
24

designated third party who is lawfully eligible to
25

possess firearms. If the firearms or firearm parts
26

cannot be returned to respondent because (1) the

SB2934
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1

respondent has not requested the return or transfer of
2

the firearms or firearm parts as set forth in this
3

subparagraph, and (2) the respondent cannot be located
4

or fails to respond to more than 3 requests to retrieve
5

the firearms or firearm parts the court may, or is not
6

lawfully eligible to possess a firearm, upon petition
7

from the appropriate law enforcement agency and notice
8

to the respondent at the respondent's last known
9

address, order the law enforcement agency to destroy
10

the firearms or firearm parts; use the firearms or
11

firearm parts for training purposes or for any other
12

application as deemed appropriate by the law
13

enforcement agency; or turn over the firearm or
14

firearm parts to a third party who is lawfully
15

eligible to possess firearms, and who does not reside
16

with respondent.
17

(D)(i) If a person other than the respondent
18

claims title to any firearms and firearm parts that
19

could be assembled to make an operable firearm seized
20

or surrendered under this subsection, the person may
21

petition the court to have the firearm and firearm
22

parts that could be assembled to make an operable
23

firearm returned to him or her with proper notice to
24

the petitioner and respondent. If, at a hearing on the
25

petition, the court determines the person to be the
26

lawful owner of the firearm and firearm parts that

SB2934
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1

could be assembled to make an operable firearm, the
2

firearm and firearm parts that could be assembled to
3

make an operable firearm shall be returned to the
4

person, provided that:
5

(aa) the firearm and firearm parts that could
6

be assembled to make an operable firearm are
7

removed from the respondent's custody, control, or
8

possession and the lawful owner agrees to store
9

the firearm and firearm parts that could be
10

assembled to make an operable firearm in a manner
11

such that the respondent does not have access to
12

or control of the firearm and firearm parts that
13

could be assembled to make an operable firearm;
14

and
15

(bb) the firearm and firearm parts that could
16

be assembled to make an operable firearm are not
17

otherwise unlawfully possessed by the owner.
18

(ii) The person petitioning for the return of his
19

or her firearm and firearm parts that could be
20

assembled to make an operable firearm must swear or
21

affirm by affidavit that he or she:
22

(aa) is the lawful owner of the firearm and
23

firearm parts that could be assembled to make an
24

operable firearm;
25

(bb) shall not transfer the firearm and
26

firearm parts that could be assembled to make an

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1

operable firearm to the respondent; and
2

(cc) will store the firearm and firearm parts
3

that could be assembled to make an operable
4

firearm in a manner that the respondent does not
5

have access to or control of the firearm and
6

firearm parts that could be assembled to make an
7

operable firearm.
8

(E)(i) The respondent may file a motion to
9

transfer, at the next scheduled hearing, any seized or
10

surrendered firearms or firearm parts to a third
11

party. Notice of the motion shall be provided to the
12

petitioner and the third party must appear at the
13

hearing.
14

(ii) The court may order transfer of the seized or
15

surrendered firearm or firearm parts only if:
16

(aa) the third party transferee affirms by
17

affidavit to the open court that:
18

(I) the third party transferee does not
19

reside with the respondent;
20

(II) the respondent does not have access
21

to the location in which the third party
22

transferee intends to keep the firearms or
23

firearm parts;
24

(III) the third party transferee will not
25

transfer the firearm or firearm parts to the
26

respondent or anyone who resides with the

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1

respondent;
2

(IV) the third party transferee will
3

maintain control and possession of the firearm
4

or firearm parts until otherwise ordered by
5

the court; and
6

(V) the third party transferee will be
7

subject to criminal penalties for transferring
8

the firearms or firearm parts to the
9

respondent; and
10

(bb) the court finds that:
11

(I) the respondent holds a valid Firearm
12

Owner's Identification; and
13

(II) the transfer of firearms or firearm
14

parts to the third party transferee does not
15

place the petitioner or any other protected
16

parties at any additional threat or risk of
17

harm.
18

(15) Prohibition of access to records. If an order of
19

protection prohibits respondent from having contact with
20

the minor child, or if petitioner's address is omitted
21

under subsection (b) of Section 203, or if necessary to
22

prevent abuse or wrongful removal or concealment of a
23

minor child, the order shall deny respondent access to,
24

and prohibit respondent from inspecting, obtaining, or
25

attempting to inspect or obtain, school or any other
26

records of the minor child who is in the care of

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1

petitioner.
2

(16) Order for payment of shelter services. Order
3

respondent to reimburse a shelter providing temporary
4

housing and counseling services to the petitioner for the
5

cost of the services, as certified by the shelter and
6

deemed reasonable by the court.
7

(17) Order for injunctive relief. Enter injunctive
8

relief necessary or appropriate to prevent further abuse
9

of a family or household member or further abuse, neglect,
10

or exploitation of a high-risk adult with disabilities or
11

to effectuate one of the granted remedies, if supported by
12

the balance of hardships. If the harm to be prevented by
13

the injunction is abuse or any other harm that one of the
14

remedies listed in paragraphs (1) through (16) of this
15

subsection is designed to prevent, no further evidence is
16

necessary that the harm is an irreparable injury.
17

(18) Telephone services.
18

(A) Unless a condition described in subparagraph
19

(B) of this paragraph exists, the court may, upon
20

request by the petitioner, order a wireless telephone
21

service provider to transfer to the petitioner the
22

right to continue to use a telephone number or numbers
23

indicated by the petitioner and the financial
24

responsibility associated with the number or numbers,
25

as set forth in subparagraph (C) of this paragraph.
26

For purposes of this paragraph (18), the term

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1

"wireless telephone service provider" means a provider
2

of commercial mobile service as defined in 47 U.S.C.
3

332. The petitioner may request the transfer of each
4

telephone number that the petitioner, or a minor child
5

in his or her custody, uses. The clerk of the court
6

shall serve the order on the wireless telephone
7

service provider's agent for service of process
8

provided to the Illinois Commerce Commission. The
9

order shall contain all of the following:
10

(i) The name and billing telephone number of
11

the account holder including the name of the
12

wireless telephone service provider that serves
13

the account.
14

(ii) Each telephone number that will be
15

transferred.
16

(iii) A statement that the provider transfers
17

to the petitioner all financial responsibility for
18

and right to the use of any telephone number
19

transferred under this paragraph.
20

(B) A wireless telephone service provider shall
21

terminate the respondent's use of, and shall transfer
22

to the petitioner use of, the telephone number or
23

numbers indicated in subparagraph (A) of this
24

paragraph unless it notifies the petitioner, within 72
25

hours after it receives the order, that one of the
26

following applies:

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LRB104 17679 JRC 31110 b
1

(i) The account holder named in the order has
2

terminated the account.
3

(ii) A difference in network technology would
4

prevent or impair the functionality of a device on
5

a network if the transfer occurs.
6

(iii) The transfer would cause a geographic or
7

other limitation on network or service provision
8

to the petitioner.
9

(iv) Another technological or operational
10

issue would prevent or impair the use of the
11

telephone number if the transfer occurs.
12

(C) The petitioner assumes all financial
13

responsibility for and right to the use of any
14

telephone number transferred under this paragraph. In
15

this paragraph, "financial responsibility" includes
16

monthly service costs and costs associated with any
17

mobile device associated with the number.
18

(D) A wireless telephone service provider may
19

apply to the petitioner its routine and customary
20

requirements for establishing an account or
21

transferring a number, including requiring the
22

petitioner to provide proof of identification,
23

financial information, and customer preferences.
24

(E) Except for willful or wanton misconduct, a
25

wireless telephone service provider is immune from
26

civil liability for its actions taken in compliance

SB2934
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LRB104 17679 JRC 31110 b
1

with a court order issued under this paragraph.
2

(F) All wireless service providers that provide
3

services to residential customers shall provide to the
4

Illinois Commerce Commission the name and address of
5

an agent for service of orders entered under this
6

paragraph (18). Any change in status of the registered
7

agent must be reported to the Illinois Commerce
8

Commission within 30 days of such change.
9

(G) The Illinois Commerce Commission shall
10

maintain the list of registered agents for service for
11

each wireless telephone service provider on the
12

Commission's website. The Commission may consult with
13

wireless telephone service providers and the Circuit
14

Court Clerks on the manner in which this information
15

is provided and displayed.
16

(c) Relevant factors; findings.
17

(1) In determining whether to grant a specific remedy,
18

other than payment of support, the court shall consider
19

relevant factors, including but not limited to the
20

following:
21

(i) the nature, frequency, severity, pattern and
22

consequences of the respondent's past abuse, neglect
23

or exploitation of the petitioner or any family or
24

household member, including the concealment of his or
25

her location in order to evade service of process or
26

notice, and the likelihood of danger of future abuse,

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LRB104 17679 JRC 31110 b
1

neglect, or exploitation to petitioner or any member
2

of petitioner's or respondent's family or household;
3

and
4

(ii) the danger that any minor child will be
5

abused or neglected or improperly relocated from the
6

jurisdiction, improperly concealed within the State or
7

improperly separated from the child's primary
8

caretaker.
9

(2) In comparing relative hardships resulting to the
10

parties from loss of possession of the family home, the
11

court shall consider relevant factors, including but not
12

limited to the following:
13

(i) availability, accessibility, cost, safety,
14

adequacy, location and other characteristics of
15

alternate housing for each party and any minor child
16

or dependent adult in the party's care;
17

(ii) the effect on the party's employment; and
18

(iii) the effect on the relationship of the party,
19

and any minor child or dependent adult in the party's
20

care, to family, school, church and community.
21

(3) Subject to the exceptions set forth in paragraph
22

(4) of this subsection, the court shall make its findings
23

in an official record or in writing, and shall at a minimum
24

set forth the following:
25

(i) That the court has considered the applicable
26

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

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1

of this subsection.
2

(ii) Whether the conduct or actions of respondent,
3

unless prohibited, will likely cause irreparable harm
4

or continued abuse.
5

(iii) Whether it is necessary to grant the
6

requested relief in order to protect petitioner or
7

other alleged abused persons.
8

(4) For purposes of issuing an ex parte emergency
9

order of protection, the court, as an alternative to or as
10

a supplement to making the findings described in
11

paragraphs (c)(3)(i) through (c)(3)(iii) of this
12

subsection, may use the following procedure:
13

When a verified petition for an emergency order of
14

protection in accordance with the requirements of Sections
15

203 and 217 is presented to the court, the court shall
16

examine petitioner on oath or affirmation. An emergency
17

order of protection shall be issued by the court if it
18

appears from the contents of the petition and the
19

examination of petitioner that the averments are
20

sufficient to indicate abuse by respondent and to support
21

the granting of relief under the issuance of the emergency
22

order of protection.
23

(5) Never married parties. No rights or
24

responsibilities for a minor child born outside of
25

marriage attach to a putative father until a father and
26

child relationship has been established under the Illinois

SB2934
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LRB104 17679 JRC 31110 b
1

Parentage Act of 1984, the Illinois Parentage Act of 2015,
2

the Illinois Public Aid Code, Section 12 of the Vital
3

Records Act, the Juvenile Court Act of 1987, the Probate
4

Act of 1975, the Revised Uniform Reciprocal Enforcement of
5

Support Act, the Uniform Interstate Family Support Act,
6

the Expedited Child Support Act of 1990, any judicial,
7

administrative, or other act of another state or
8

territory, any other Illinois statute, or by any foreign
9

nation establishing the father and child relationship, any
10

other proceeding substantially in conformity with the
11

Personal Responsibility and Work Opportunity
12

Reconciliation Act of 1996 (Pub. L. 104-193), or where
13

both parties appeared in open court or at an
14

administrative hearing acknowledging under oath or
15

admitting by affirmation the existence of a father and
16

child relationship. Absent such an adjudication, finding,
17

or acknowledgment, no putative father shall be granted
18

temporary allocation of parental responsibilities,
19

including parenting time with the minor child, or physical
20

care and possession of the minor child, nor shall an order
21

of payment for support of the minor child be entered.
22

(d) Balance of hardships; findings. If the court finds
23
that the balance of hardships does not support the granting of
24
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
25
subsection (b) of this Section, which may require such
26
balancing, the court's findings shall so indicate and shall

SB2934
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1
include a finding as to whether granting the remedy will
2
result in hardship to respondent that would substantially
3
outweigh the hardship to petitioner from denial of the remedy.
4
The findings shall be an official record or in writing.
5

(e) Denial of remedies. Denial of any remedy shall not be
6
based, in whole or in part, on evidence that:
7

(1) Respondent has cause for any use of force, unless
8

that cause satisfies the standards for justifiable use of
9

force provided by Article 7 of the Criminal Code of 2012;
10

(2) Respondent was voluntarily intoxicated;
11

(3) Petitioner acted in self-defense or defense of
12

another, provided that, if petitioner utilized force, such
13

force was justifiable under Article 7 of the Criminal Code
14

of 2012;
15

(4) Petitioner did not act in self-defense or defense
16

of another;
17

(5) Petitioner left the residence or household to
18

avoid further abuse, neglect, or exploitation by
19

respondent;
20

(6) Petitioner did not leave the residence or
21

household to avoid further abuse, neglect, or exploitation
22

by respondent;
23

(7) Conduct by any family or household member excused
24

the abuse, neglect, or exploitation by respondent, unless
25

that same conduct would have excused such abuse, neglect,
26

or exploitation if the parties had not been family or

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1

household members.
2

(f) Optional order to law enforcement for wellness checks.
3
When a petitioner is granted the remedy available under
4
paragraph (3) of subsection (b), the court may also, upon
5
issuance of an emergency, interim, or plenary order of
6
protection, order local law enforcement, to the extent
7
possible, to periodically monitor the petitioner's residence,
8
periodically patrol near the petitioner's residence, and
9
investigate whether a violation of the order of protection has
10
occurred, including interviewing the petitioner. The
11
petitioner may opt out of these precautionary measures at any
12
time. For the safety of the petitioner and others protected by
13
the order of protection, the order for local law enforcement
14
to conduct wellness checks on the petitioner's residence may
15
not be made available to the respondent.

16
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25
.)

17

(750 ILCS 60/222)

(from Ch. 40, par. 2312-22)
18

Sec. 222.
Notice of orders.
19

(a) Entry and issuance. Upon issuance of any order of
20
protection, the clerk shall immediately (i) enter the order on
21
the record and file it in accordance with the circuit court
22
procedures and (ii) provide a file stamped copy of the order to
23
respondent, if present, and to petitioner.
24

(b) Filing with sheriff or other law enforcement
25
officials. The clerk of the issuing judge shall, or the

SB2934
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1
petitioner may, on the same day that an order of protection is
2
issued, file a certified copy of that order with the sheriff or
3
other law enforcement officials charged with maintaining
4
Illinois State Police records or charged with serving the
5
order upon respondent or executing any search warrant issued
6
under paragraph (14.5) of subsection (b) of Section 214 of
7
this Act. If a search warrant is issued under paragraph (14.5)
8
of subsection (b) of Section 214 of this Act, the clerk of the
9
issuing judge shall, or the petitioner may, on the same day
10
that the warrant is issued, transmit the warrant to the law
11
enforcement agency to which the warrant is directed. If the
12
respondent, at the time of the issuance of the order, is
13
committed to the custody of the Illinois Department of
14
Corrections or Illinois Department of Juvenile Justice or is
15
on parole, aftercare release, or mandatory supervised release,
16
the sheriff or other law enforcement officials charged with
17
maintaining Illinois State Police records shall notify the
18
Department of Corrections or Department of Juvenile Justice
19
within 48 hours of receipt of a copy of the order of protection
20
from the clerk of the issuing judge or the petitioner. Such
21
notice shall include the name of the respondent, the
22
respondent's IDOC inmate number or IDJJ youth identification
23
number, the respondent's date of birth, and the LEADS Record
24
Index Number.
25

(c) Service by sheriff. Unless respondent was present in
26
court when the order was issued, the sheriff, other law

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1
enforcement official or special process server shall promptly
2
serve that order upon respondent and file proof of such
3
service, in the manner provided for service of process in
4
civil proceedings. Instead of serving the order upon the
5
respondent, however, the sheriff, other law enforcement
6
official, special process server, or other persons defined in
7
Section 222.10 may serve the respondent with a short form
8
notification as provided in Section 222.10. If process has not
9
yet been served upon the respondent, it shall be served with
10
the order or short form notification if such service is made by
11
the sheriff, other law enforcement official, or special
12
process server. A single fee may be charged for service of an
13
order obtained in civil court, or for service of such an order
14
together with process, unless waived or deferred under Section
15
210.
After 2 unsuccessful personal service attempts by law
16
enforcement, electronic service under Section 222.15 is
17
permitted.

18

(c-5) If the person against whom the order of protection
19
is issued is arrested and the written order is issued in
20
accordance with subsection (c) of Section 217 and received by
21
the custodial law enforcement agency before the respondent or
22
arrestee is released from custody, the custodial law
23
enforcement agent shall promptly serve the order upon the
24
respondent or arrestee before the respondent or arrestee is
25
released from custody. In no event shall detention of the
26
respondent or arrestee be extended for hearing on the petition

SB2934
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LRB104 17679 JRC 31110 b
1
for order of protection or receipt of the order issued under
2
Section 217 of this Act.
3

(d) Extensions, modifications and revocations. Any order
4
extending, modifying or revoking any order of protection shall
5
be promptly recorded, issued and served as provided in this
6
Section.
7

(e) Notice to schools. Upon the request of the petitioner,
8
within 24 hours of the issuance of an order of protection, the
9
clerk of the issuing judge shall send a certified copy of the
10
order of protection to the day-care facility, pre-school or
11
pre-kindergarten, or private school or the principal office of
12
the public school district or any college or university in
13
which any child who is a protected person under the order of
14
protection or any child of the petitioner is enrolled as
15
requested by the petitioner at the mailing address provided by
16
the petitioner. If the child transfers enrollment to another
17
day-care facility, pre-school, pre-kindergarten, private
18
school, public school, college, or university, the petitioner
19
may, within 24 hours of the transfer, send to the clerk written
20
notice of the transfer, including the name and address of the
21
institution to which the child is transferring. Within 24
22
hours of receipt of notice from the petitioner that a child is
23
transferring to another day-care facility, pre-school,
24
pre-kindergarten, private school, public school, college, or
25
university, the clerk shall send a certified copy of the order
26
to the institution to which the child is transferring.

SB2934
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1

(f) Disclosure by schools. After receiving a certified
2
copy of an order of protection that prohibits a respondent's
3
access to records, neither a day-care facility, pre-school,
4
pre-kindergarten, public or private school, college, or
5
university nor its employees shall allow a respondent access
6
to a protected child's records or release information in those
7
records to the respondent. The school shall file the copy of
8
the order of protection in the records of a child who is a
9
protected person under the order of protection. When a child
10
who is a protected person under the order of protection
11
transfers to another day-care facility, pre-school,
12
pre-kindergarten, public or private school, college, or
13
university, the institution from which the child is
14
transferring may, at the request of the petitioner, provide,
15
within 24 hours of the transfer, written notice of the order of
16
protection, along with a certified copy of the order, to the
17
institution to which the child is transferring.
18

(g) Notice to health care facilities and health care
19
practitioners. Upon the request of the petitioner, the clerk
20
of the circuit court shall send a certified copy of the order
21
of protection to any specified health care facility or health
22
care practitioner requested by the petitioner at the mailing
23
address provided by the petitioner.
24

(h) Disclosure by health care facilities and health care
25
practitioners. After receiving a certified copy of an order of
26
protection that prohibits a respondent's access to records, no

SB2934
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LRB104 17679 JRC 31110 b
1
health care facility or health care practitioner shall allow a
2
respondent access to the records of any child who is a
3
protected person under the order of protection, or release
4
information in those records to the respondent, unless the
5
order has expired or the respondent shows a certified copy of
6
the court order vacating the corresponding order of protection
7
that was sent to the health care facility or practitioner.
8
Nothing in this Section shall be construed to require health
9
care facilities or health care practitioners to alter
10
procedures related to billing and payment. The health care
11
facility or health care practitioner may file the copy of the
12
order of protection in the records of a child who is a
13
protected person under the order of protection, or may employ
14
any other method to identify the records to which a respondent
15
is prohibited access. No health care facility or health care
16
practitioner shall be civilly or professionally liable for
17
reliance on a copy of an order of protection, except for
18
willful and wanton misconduct.
19

(i) Status of service of a plenary order of protection.
20
The court shall set a hearing for 60 days after the entry of a
21
plenary order of protection under Section 219 to review the
22
status of service and service attempts on the respondent of
23
the petition and order. Documented efforts by law enforcement
24
to serve the respondent shall be provided to the court for the
25
hearing. No penalty may be imposed on the petitioner upon
26
failing to appear at a hearing to review the status of service.

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1
If the petitioner fails to appear at a hearing to review the
2
status of service, the clerk shall send notice to the
3
petitioner of the next hearing to review the status of
4
service, which shall be set no later than 30 days after the
5
most recent hearing to review the status of service.

6

At the hearing to review the status of service, the court
7
shall:
8

(1) review the return of service or affidavits filed
9

by law enforcement;
10

(2) make any necessary findings concerning the service
11

efforts by law enforcement through affidavit or other
12

notification; and
13

(3) if service was not successful, inquire if
14

additional information can be provided to effectuate
15

service, including electronic service, as provided in
16

Section 222.15.

17

If upon the hearing the court finds that all reasonable
18
efforts to accomplish service of process upon respondent have
19
been exhausted, the court may terminate the order of
20
protection for failure to serve.

21

The clerk of the court may strike the hearing to review the
22
status of service from the court's call if the Sheriff
23
provides the court proof of service through affidavit before
24
the hearing date.

25
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25
.)

SB2934
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LRB104 17679 JRC 31110 b
1

(750 ILCS 60/222.15 new)
2

Sec. 222.15.
Electronic service; limited circumstances.

3

(a) In furtherance of this Act's purpose to support
4
victims' efforts to avoid further abuse by promptly entering
5
and diligently enforcing orders of protection to protect the
6
safety and security of victims, electronic service, as
7
provided in this Section, may be attempted to effectuate
8
service. Access to electronic service simplifies and
9
modernizes courts, reduces costs, guarantees actual notice to
10
the respondent, and minimizes delays and the need for more
11
hearings, all of which can hinder access to justice and
12
undermine judicial economy.
13

(b) As provided in this Section, electronic service may be
14
attempted for emergency, interim, or plenary orders of
15
protection for the remedy provided in paragraph (3) of
16
subsection (b) of Section 214. After 2 unsuccessful service
17
attempts at personal service, electronic service is permitted
18
in accordance with this Section. The court may also order
19
electronic service under this Section upon review of service
20
attempts at the status of service hearing as provided in
21
subsection (i) of Section 222.
22

(c) Electronic service must be made by a law enforcement
23
agency, and a court order permitting electronic service is not
24
required for law enforcement to attempt electronic service
25
under subsection (b). No formal motion is necessary.
26

(d) The petitioner shall complete an information sheet,

SB2934
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LRB104 17679 JRC 31110 b
1
reviewed by the court, for law enforcement that includes, if
2
known or available, the following: (1) contact information for
3
the petitioner and the petitioner's attorney including a
4
telephone number and email; (2) a physical description of the
5
respondent including, respondent's date of birth, or
6
approximate age, height, weight, race, and hair color; (3) the
7
respondent's address, last known address, alternate address,
8
address of employment and any other address where law
9
enforcement may serve the order of protection on the
10
respondent; (4) days and times that the respondent is likely
11
to be at the address of service; and (5) the respondent's email
12
address, number for text messaging, and username or other
13
identification on social media applications and other
14
technologies. The petitioner must attest that the information
15
is legitimate and current or the last known contact
16
information for the respondent. The information sheet may not
17
be included with the court record. The information sheet shall
18
be transmitted to law enforcement in the same manner as the
19
order of protection.
20

(e) Electronic service must be effected by transmitting
21
copies of the petition and any supporting materials filed with
22
the petition, notice of hearing, and any orders, or relevant
23
materials for motions, to the respondent at the respondent's
24
electronic address or the respondent's electronic account
25
associated with email, text messaging, social media
26
applications, or other technologies, as listed in (d)(5) of

SB2934
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LRB104 17679 JRC 31110 b
1
this Section.
2

(f) The electronic service notification must include the
3
following items:
4

(1) the respondent's name;
5

(2) the respondent's date of birth, if known;
6

(3) the petitioner's name;
7

(4) the name of other protected parties;
8

(5) the date and county in which the order of
9

protection was filed; and
10

(6) the court file number.
11

(g) The electronic service notification must contain a
12
notice to the respondent from the court, as determined by the
13
court, in a conspicuous manner, of the consequences of being
14
served the order and how to receive a copy of the order through
15
the court.
16

(h) Verification of notice is required and may be
17
accomplished through read-receipt mechanisms, a response, a
18
sworn statement from the person who effected service verifying
19
transmission and any follow-up communications such as email or
20
telephone contact used to further verify, or an appearance by
21
the respondent at a hearing. Sworn proof of service must be
22
filed with the court by the person who effected service.
23

(i) The electronic service notification must contain the
24
following notice in uppercase: "THE ORDER IS NOW ENFORCEABLE.
25
YOU MUST REPORT TO THE OFFICE OF THE SHERIFF OR THE OFFICE OF
26
THE CIRCUIT COURT IN (NAME OF COUNTY) COUNTY TO OBTAIN A COPY

SB2934
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LRB104 17679 JRC 31110 b
1
OF THE ORDER. YOU ARE SUBJECT TO ARREST AND MAY BE CHARGED WITH
2
A MISDEMEANOR OR FELONY IF YOU VIOLATE ANY OF THE TERMS OF THE
3
ORDER."
4

(j) The Office of the Attorney General shall develop and
5
provide guidance and procedures for law enforcement to attempt
6
and effectuate electronic service under this Section.

7

(750 ILCS 60/223)

(from Ch. 40, par. 2312-23)
8

Sec. 223.
Enforcement of orders of protection.
9

(a) When violation is crime. A violation of any order of
10
protection, whether issued in a civil or criminal proceeding
11
or by a military judge, shall be enforced by a criminal court
12
when:
13

(1) The respondent commits the crime of violation of
14

an order of protection pursuant to Section 12-3.4 or 12-30
15

of the Criminal Code of 1961 or the Criminal Code of 2012,
16

by having knowingly violated:
17

(i) remedies described in paragraphs (1), (2),
18

(3), (14), or (14.5) of subsection (b) of Section 214
19

of this Act; or
20

(ii) a remedy, which is substantially similar to
21

the remedies authorized under paragraphs (1), (2),
22

(3), (14), and (14.5) of subsection (b) of Section 214
23

of this Act, in a valid order of protection which is
24

authorized under the laws of another state, tribe, or
25

United States territory; or

SB2934
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LRB104 17679 JRC 31110 b
1

(iii) any other remedy when the act constitutes a
2

crime against the protected parties as defined by the
3

Criminal Code of 1961 or the Criminal Code of 2012.
4

Prosecution for a violation of an order of protection
5

shall not bar concurrent prosecution for any other crime,
6

including any crime that may have been committed at the
7

time of the violation of the order of protection; or
8

(2) The respondent commits the crime of child
9

abduction pursuant to Section 10-5 of the Criminal Code of
10

1961 or the Criminal Code of 2012, by having knowingly
11

violated:
12

(i) remedies described in paragraphs (5), (6) or
13

(8) of subsection (b) of Section 214 of this Act; or
14

(ii) a remedy, which is substantially similar to
15

the remedies authorized under paragraphs (5), (6), or
16

(8) of subsection (b) of Section 214 of this Act, in a
17

valid order of protection which is authorized under
18

the laws of another state, tribe, or United States
19

territory.
20

(b) When violation is contempt of court. A violation of
21
any valid Illinois order of protection, whether issued in a
22
civil or criminal proceeding or by a military judge, may be
23
enforced through civil or criminal contempt procedures, as
24
appropriate, by any court with jurisdiction, regardless where
25
the act or acts which violated the order of protection were
26
committed, to the extent consistent with the venue provisions

SB2934
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LRB104 17679 JRC 31110 b
1
of this Act. Nothing in this Act shall preclude any Illinois
2
court from enforcing any valid order of protection issued in
3
another state. Illinois courts may enforce orders of
4
protection through both criminal prosecution and contempt
5
proceedings, unless the action which is second in time is
6
barred by collateral estoppel or the constitutional
7
prohibition against double jeopardy.
8

(1) In a contempt proceeding where the petition for a
9

rule to show cause sets forth facts evidencing an
10

immediate danger that the respondent will flee the
11

jurisdiction, conceal a child, or inflict physical abuse
12

on the petitioner or minor children or on dependent adults
13

in petitioner's care, the court may order the attachment
14

of the respondent without prior service of the rule to
15

show cause or the petition for a rule to show cause.
16

Conditions of release shall be set unless specifically
17

denied in writing.
18

(2) A petition for a rule to show cause for violation
19

of an order of protection shall be treated as an expedited
20

proceeding.
21

(b-1) The court shall not hold a school district or
22
private or non-public school or any of its employees in civil
23
or criminal contempt unless the school district or private or
24
non-public school has been allowed to intervene.
25

(b-2) The court may hold the parents, guardian, or legal
26
custodian of a minor respondent in civil or criminal contempt

SB2934
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LRB104 17679 JRC 31110 b
1
for a violation of any provision of any order entered under
2
this Act for conduct of the minor respondent in violation of
3
this Act if the parents, guardian, or legal custodian
4
directed, encouraged, or assisted the respondent minor in such
5
conduct.
6

(c) Violation of custody or support orders or temporary or
7
final judgments allocating parental responsibilities. A
8
violation of remedies described in paragraphs (5), (6), (8),
9
or (9) of subsection (b) of Section 214 of this Act may be
10
enforced by any remedy provided by Section 607.5 of the
11
Illinois Marriage and Dissolution of Marriage Act. The court
12
may enforce any order for support issued under paragraph (12)
13
of subsection (b) of Section 214 in the manner provided for
14
under Parts V and VII of the Illinois Marriage and Dissolution
15
of Marriage Act.
16

(d) Actual knowledge. An order of protection may be
17
enforced pursuant to this Section if the respondent violates
18
the order after the respondent has actual knowledge of its
19
contents as shown through one of the following means:
20

(1) By service, delivery, or notice under Section 210.
21

(2) By notice under Section 210.1 or 211.
22

(3) By service of an order of protection under Section
23

222
or 222.15
.
24

(4) By other means demonstrating actual knowledge of
25

the contents of the order.
26

(e) The enforcement of an order of protection in civil or

SB2934
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LRB104 17679 JRC 31110 b
1
criminal court shall not be affected by either of the
2
following:
3

(1) The existence of a separate, correlative order,
4

entered under Section 215.
5

(2) Any finding or order entered in a conjoined
6

criminal proceeding.
7

(f) Circumstances. The court, when determining whether or
8
not a violation of an order of protection has occurred, shall
9
not require physical manifestations of abuse on the person of
10
the victim.
11

(g) Penalties.
12

(1) Except as provided in paragraph (3) of this
13

subsection, where the court finds the commission of a
14

crime or contempt of court under subsections (a) or (b) of
15

this Section, the penalty shall be the penalty that
16

generally applies in such criminal or contempt
17

proceedings, and may include one or more of the following:
18

incarceration, payment of restitution, a fine, payment of
19

attorneys' fees and costs, or community service.
20

(2) The court shall hear and take into account
21

evidence of any factors in aggravation or mitigation
22

before deciding an appropriate penalty under paragraph (1)
23

of this subsection.
24

(3) To the extent permitted by law, the court is
25

encouraged to:
26

(i) increase the penalty for the knowing violation

SB2934
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LRB104 17679 JRC 31110 b
1

of any order of protection over any penalty previously
2

imposed by any court for respondent's violation of any
3

order of protection or penal statute involving
4

petitioner as victim and respondent as defendant;
5

(ii) impose a minimum penalty of 24 hours
6

imprisonment for respondent's first violation of any
7

order of protection; and
8

(iii) impose a minimum penalty of 48 hours
9

imprisonment for respondent's second or subsequent
10

violation of an order of protection
11

unless the court explicitly finds that an increased
12

penalty or that period of imprisonment would be manifestly
13

unjust.
14

(4) In addition to any other penalties imposed for a
15

violation of an order of protection, a criminal court may
16

consider evidence of any violations of an order of
17

protection:
18

(i) to increase, revoke or modify the conditions
19

of pretrial release on an underlying criminal charge
20

pursuant to Section 110-6 of the Code of Criminal
21

Procedure of 1963;
22

(ii) to revoke or modify an order of probation,
23

conditional discharge or supervision, pursuant to
24

Section 5-6-4 of the Unified Code of Corrections;
25

(iii) to revoke or modify a sentence of periodic
26

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

SB2934
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LRB104 17679 JRC 31110 b
1

Code of Corrections.
2

(5) In addition to any other penalties, the court
3

shall impose an additional fine of $20 as authorized by
4

Section 5-9-1.11 of the Unified Code of Corrections upon
5

any person convicted of or placed on supervision for a
6

violation of an order of protection. The additional fine
7

shall be imposed for each violation of this Section.
8
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)

9

(750 ILCS 60/305)

(from Ch. 40, par. 2313-5)
10

Sec. 305.
Limited law enforcement liability.
Any act of
11
omission or commission by any law enforcement officer acting
12
in good faith in rendering emergency assistance, executing
13
search warrants
, conducting a wellness check
under this Act,
14
or otherwise enforcing this Act shall not impose civil
15
liability upon the law enforcement officer or his or her
16
supervisor or employer, unless the act is a result of willful
17
or wanton misconduct.
18
(Source: P.A. 103-1065, eff. 5-11-25
.)

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