Public Act 101-0508
 
HB3396 EnrolledLRB101 10793 LNS 55919 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Stalking No Contact Order Act is amended  by 
changing Sections 60 and 115 as follows:
 
    (740 ILCS 21/60)

    Sec. 60. Process.
    (a) Any action for a stalking no contact order requires 
that a separate summons be issued and served. The summons shall 
be in the form prescribed by Supreme Court Rule 101(d), except 
that it shall require the respondent to answer or appear within 
7 days. Attachments to the summons or notice shall include the 
petition for stalking no contact order and supporting 
affidavits, if any, and any emergency stalking no contact order 
that has been issued.
    (b) The summons shall be served by the sheriff or other law 
enforcement officer at the earliest time and shall take 
precedence over other summonses except those of a similar 
emergency nature. Special process servers may be appointed at 
any time, and their designation shall not affect the 
responsibilities and authority of the sheriff or other official 
process servers.
    (c) Service of process on a member of the respondent's 
household or by publication shall be adequate if: (1) the 
petitioner has made all reasonable efforts to accomplish actual 
service of process personally upon the respondent, but the 
respondent cannot be found to effect such service; and (2) the 
petitioner files an affidavit or presents sworn testimony as to 
those efforts.
    (d) A plenary stalking no contact order may be entered by 
default for the remedy sought in the petition, if the 
respondent has been served or given notice in accordance with 
subsection (a) and if the respondent then fails to appear as 
directed or fails to appear on any subsequent appearance or 
hearing date agreed to by the parties or set by the court. 

    (e)   If an order is granted under subsection (c) of Section 
95, the court shall immediately file a certified copy of the 
order with the sheriff or other law enforcement official 
charged with maintaining Department of State Police records.
(Source: P.A. 96-246, eff. 1-1-10.)
 
 

    (740 ILCS 21/115)

 
    Sec. 115. Notice of orders.
    (a) Upon issuance of any stalking no contact order, the 
clerk shall immediately, or on the next court day if an 
emergency order is issued in accordance with subsection (c) of 
Section 95:
        (1) enter the order on the record and file it in 
    accordance with the circuit court procedures; and
        (2) provide a file stamped copy of the order to the 
    respondent, if present, and to the petitioner.
    (b) The clerk of the issuing judge shall, or the petitioner 
may, on the same day that a stalking no contact order is 
issued, file a certified copy of that order with the sheriff or 
other law enforcement officials charged with maintaining 
Department of State Police records or charged with serving the 
order upon the respondent. If the order was issued in 
accordance with subsection (c) of Section 95, the clerk shall, 
on the next court day, file a certified copy of the order with 
the sheriff or other law enforcement officials charged with 
maintaining Department of State Police records. If the 
respondent, at the time of the issuance of the order, is 
committed to the custody of the Illinois Department of 
Corrections or Illinois Department of Juvenile Justice or is on 
parole, aftercare release, or mandatory supervised release, 
the sheriff or other law enforcement officials charged with 
maintaining Department of State Police records shall notify the 
Department of Corrections or Department of Juvenile Justice 
within 48 hours of receipt of a copy of the stalking  no contact 
order from the clerk of the issuing judge or the petitioner. 
Such notice shall include the name of the respondent, the 
respondent's IDOC inmate number or IDJJ youth identification 
number, the respondent's date of birth, and the LEADS Record 
Index Number.
    (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. Instead 
of serving the order upon the respondent, however, the sheriff, 
other law enforcement official, special process server, or 
other persons defined in Section 117 may serve the respondent 
with a short form notification as provided in Section 117. If 
process has not yet been served upon the respondent, it shall 
be served with the order or short form notification if such 
service is made by the sheriff, other law enforcement official, 
or special process server.
    (d) If the person against whom the stalking no contact 
order is issued is arrested and the written order is issued in 
accordance with subsection (c) of Section 95 and received by 
the custodial law enforcement agency before the respondent or 
arrestee is released from custody, the custodial law 
enforcement agent shall promptly serve the order upon the 
respondent or arrestee before the respondent or arrestee is 
released from custody. In no event shall detention of the 
respondent or arrestee be extended for hearing on the petition 
for stalking no contact order or receipt of the order issued 
under Section 95 of this Act.
    (e) Any order extending, modifying, or revoking any 
stalking no contact order shall be promptly recorded, issued, 
and served as provided in this Section.
    (f) Upon the request of the petitioner, within 24 hours of 
the issuance of a stalking no contact order, the clerk of the 
issuing judge shall send written notice of the order along with 
a certified copy of the order to any school, daycare, college, 
or university at which the petitioner is enrolled.

(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; 
98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)


 
    Section 10. The Civil No Contact Order Act is amended by 
changing Sections 208 and 218 as follows:
 



    (740 ILCS 22/208)



    Sec. 208. Process. 

    (a) Any action for a civil no contact order requires that a 
separate
summons be issued and
served. The summons shall be in 
the form prescribed by Supreme Court
Rule
101(d), except that 
it shall require the respondent to answer or appear
within 7 
days. Attachments to the summons or notice shall include the

petition for civil no contact order and supporting affidavits, 
if any, and
any emergency civil no contact order that has been 
issued.

    (b) The summons shall be served by the sheriff
or other law 
enforcement officer at the earliest time and shall take

precedence over other summonses except those of a similar 
emergency
nature. Special process servers may be appointed at 
any time, and their
designation shall not affect the 
responsibilities and authority of the
sheriff or other official 
process servers.

    (c) Service of process on a member of the respondent's 
household or
by publication shall be adequate if: (1) the 
petitioner
has made all reasonable efforts to accomplish actual 
service of process
personally upon the respondent, but the 
respondent cannot be found to effect
such service; and (2) the 
petitioner files an affidavit or presents sworn
testimony as to 
those efforts.

    (d) A plenary civil no contact order may be entered by

default for the remedy sought in the petition, if the 
respondent has been
served or given notice in accordance with

subsection (a) and if the respondent then fails to appear as 
directed or
fails to appear on any subsequent appearance or 
hearing date agreed
to by the parties or set by the court.

    (e) If an order is granted under subsection (c) of Section 
214, the court shall immediately file a certified copy of the 
order with the sheriff or other law enforcement official 
charged with maintaining Department of State Police records.
(Source: P.A. 93-236, eff. 1-1-04.)

 
 

    (740 ILCS 22/218)

 
    Sec. 218. Notice of orders. 

    (a) Upon issuance of any civil no contact order, the clerk 
shall
immediately, or on the next court day if an emergency 
order is issued in
accordance with subsection (c) of Section 
214:


        (1) enter the order on the record and file it in 
    accordance with the
circuit court procedures; and


        (2) provide a file stamped copy of the order to the 
    respondent, if
present, and to the petitioner.

    (b) The clerk of the issuing judge shall, or the petitioner 
may, on the
same day that a civil no contact order is issued, 
file a certified copy of that
order with the sheriff or other 
law enforcement officials charged with
maintaining Department 
of State Police records or charged with serving the
order upon 
the respondent. If the order was issued in accordance with

subsection (c) of Section 214, the clerk shall, on the next 
court day, file a
certified copy of the order with the Sheriff 
or other law enforcement officials
charged with maintaining 
Department of State Police records. If the respondent, at the 
time of the issuance of the order, is committed to the custody 
of the Illinois Department of Corrections or Illinois 
Department of Juvenile Justice, or is on parole, aftercare 
release, or mandatory supervised release, the sheriff or other 
law enforcement officials charged with maintaining Department 
of State Police records shall notify the Department of 
Corrections or Department of Juvenile Justice within 48 hours 
of receipt of a copy of the civil no contact order from the 
clerk of the issuing judge or the petitioner. Such notice shall 
include the name of the respondent, the respondent's IDOC 
inmate number or IDJJ youth identification number, the 
respondent's date of birth, and the LEADS Record Index Number.

    (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. Instead 
of serving the order upon the respondent, however, the sheriff, 
other law enforcement official, special process server, or 
other persons defined in Section 218.1 may serve the respondent 
with a short form notification as provided in Section 218.1. If

process has not yet been served upon the respondent, it shall 
be served with
the order or short form notification if such 
service is made by the sheriff, other law enforcement official, 
or special process server.

    (d) If the person against whom the civil no contact order 
is issued is
arrested and the written order is issued in 
accordance with subsection (c) of
Section 214 and received by 
the custodial law enforcement agency before
the respondent or 
arrestee is released from custody, the custodial law

enforcement agent shall promptly serve the order upon the 
respondent or
arrestee before the respondent or arrestee is 
released from custody. In no
event shall detention of the 
respondent or arrestee be extended for hearing
on the petition 
for civil no contact order or receipt of the order issued under

Section 214 of this Act.

    (e) Any order extending, modifying, or revoking any civil 
no contact
order shall be promptly recorded, issued, and served 
as provided in this
Section.

    (f) Upon the request of the
petitioner, within 24 hours of 
the issuance of a civil no contact order, the
clerk of the 
issuing judge shall
send written notice of the order along with

a certified copy of the order to any school, college, or 
university at which
the
petitioner is enrolled.

(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; 
98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)

  
 
    Section 15. The Illinois Domestic Violence Act of 1986 is 
amended by changing Sections 210 and  222 as follows:
 


    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)




    Sec. 210. Process. 

    (a) Summons.  Any action for an order
of protection, whether 
commenced alone or in conjunction with another
proceeding, is a 
distinct cause of action and requires that a separate
summons 
be issued and served, except that in pending cases the 
following
methods may be used:

        (1) By delivery of the summons to respondent personally 
    in open
court in pending civil or criminal cases.

        (2) By notice in accordance with Section 210.1 in civil 
    cases in which
the defendant has filed a general 
    appearance.

    The summons shall be in the form prescribed
by Supreme 
Court Rule 101(d), except that it shall require respondent to

answer or appear within 7 days.
Attachments to the summons or 
notice shall include the petition for order
of protection and 
supporting affidavits, if any, and any emergency order of

protection that has been issued.  The enforcement of an order of 
protection
under Section 223 shall not be affected by the lack 
of service, delivery,
or notice, provided the requirements of 
subsection (d) of that Section are
otherwise met.

    (b) Blank.

    (c) Expedited service.  The summons shall be served by the 
sheriff or
other law enforcement officer at the earliest time 
and shall take
precedence over other summonses except those of 
a similar emergency nature.
 Special process servers may be 
appointed at any time, and their
designation shall not affect 
the responsibilities and authority of the
sheriff or other 
official process servers. In counties with a population over 
3,000,000, a special process server may not be appointed if the 
order of protection grants the surrender of a child, the 
surrender of a firearm or firearm owners identification card, 
or the exclusive possession of a shared residence.

    (d) Remedies requiring actual notice.  The counseling, 
payment of
support, payment of shelter services,
 and payment of 
losses remedies provided by paragraphs 4,
12, 13, and 16 of 
subsection (b) of Section 214 may be granted only if
respondent 
has
been personally served with process, has answered or has 
made a general
appearance.

    (e) Remedies upon constructive notice.  Service of process 
on a member
of respondent's household or by publication shall 
be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
214, but only if: (i) petitioner has made all reasonable

efforts to accomplish actual service of process personally upon 
respondent,
but respondent cannot be found to effect such 
service and (ii) petitioner
files an affidavit or presents 
sworn testimony
as to those efforts.

    (f) Default.  A plenary order of protection may be entered 
by default as follows:

        (1) For any of the remedies sought in the petition, if 
    respondent
has been served or given notice in accordance 
    with subsection (a) and if
respondent then fails to appear 
    as directed or fails to appear on any subsequent
appearance 
    or hearing date agreed to by the parties or set by the 
    court; or

        (2) For any of the remedies provided in accordance with 
    subsection
(e), if respondent fails to answer or appear in 
    accordance with the
date set in the publication notice or 
    the return date indicated on the
service of a household 
    member.

    (g) Emergency orders. If an order is granted under 
subsection (c) of Section 217, the court shall immediately file 
a certified copy of the order with the sheriff or other law 
enforcement official charged with maintaining Department of 
State Police records.
(Source: P.A. 99-240, eff. 1-1-16.)

 



    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)


    Sec. 222. Notice of orders. 

    (a) Entry and issuance.  Upon issuance of any order of 
protection, the
clerk shall immediately, or on the next court 
day if an emergency order is
issued in accordance with 
subsection (c) of Section 217,
(i) enter the order on the 
record and file it
in accordance with the circuit court 
procedures and (ii) provide a file stamped
copy of the order to 
respondent, if
present, and to petitioner.

    (b) Filing with sheriff.  The clerk of the issuing judge 
shall, or
the petitioner may, on the same day that an order of 
protection is
issued, file a certified copy of that order with 
the sheriff or other law
enforcement officials charged with 
maintaining Department of State Police
records or charged with 
serving the order upon respondent.
If the order was issued in 
accordance with subsection (c) of Section 217,
the clerk
shall 
on the next court day, file a certified copy of the order with 
the
Sheriff or other law enforcement officials charged with 
maintaining Department
of State Police records. If the 
respondent, at the time of the issuance of the order, is 
committed to the custody of the Illinois Department of 
Corrections or Illinois Department of Juvenile Justice or is on 
parole, aftercare release, or mandatory supervised release, 
the sheriff or other law enforcement officials charged with 
maintaining Department of State Police records shall notify the 
Department of Corrections or Department of Juvenile Justice 
within 48 hours of receipt of a copy of the order of protection 
from the clerk of the issuing judge or the petitioner. Such 
notice shall include the name of the respondent, the 
respondent's IDOC inmate number or IDJJ youth identification 
number, the respondent's date of birth, and the LEADS Record 
Index Number.

    (c) Service by sheriff.  Unless respondent was present in 
court when the
order was issued, the sheriff, other law 
enforcement official or special
process server shall
promptly 
serve that order upon respondent and file proof of such 
service,
in the manner provided for service of process in civil 
proceedings.
Instead of serving the order upon the respondent, 
however, the sheriff, other
law enforcement official, special 
process server, or other persons defined in Section 222.10 may 
serve the respondent
with a short form notification as provided 
in Section 222.10.
If
process has not yet been served upon the 
respondent, it shall be served
with the order or short form 
notification if such service is made by the sheriff, other law 
enforcement official, or special process server.  A single fee 
may be charged for
service of an order
obtained in civil court, 
or for service of such an order together with
process, unless 
waived or deferred under Section 210.

    (c-5) If the person against whom the order of protection is 
issued is
arrested and the written order is issued in 
accordance with subsection (c) of
Section 217
and received by 
the custodial law enforcement agency before the respondent or

arrestee is released from custody, the custodial law 
enforcement agent shall
promptly serve the order upon the 
respondent or arrestee before the
respondent or arrestee is 
released from custody.  In no event shall detention
of the 
respondent or arrestee be extended for hearing on the petition 
for order
of protection or receipt of the order issued under 
Section 217 of this Act.

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

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

university, the clerk shall send a certified copy of the order 
to the institution to which the child
is
transferring.

    (f) Disclosure by schools.  After receiving a certified copy 
of an order
of protection that prohibits a respondent's access 
to records, neither a
day-care facility, pre-school, 
pre-kindergarten, public
or private school, college, or 
university nor its employees shall allow a
respondent access to 
a
protected child's records or release information in those 
records to the
respondent.  The school shall file
the copy of 
the order of protection in the records of a child who
is a 
protected person under the order of protection.  When a child 
who is a
protected person under the order of protection 
transfers to another day-care
facility, pre-school, 
pre-kindergarten, public or private school, college, or

university, the institution from which the child is 
transferring may, at the
request of the petitioner, provide,

within 24 hours of the transfer, written notice of the order of 
protection,
along with a certified copy of the order, to the 
institution to which the child
is
transferring.

    (g) Notice to health care facilities and health care 
practitioners. Upon the request of the petitioner, the clerk of 
the circuit court shall send a certified copy of the order of 
protection to any specified health care facility or health care 
practitioner requested by the petitioner at the mailing address 
provided by the petitioner. 
    (h) Disclosure by health care facilities and health care 
practitioners. After receiving a certified copy of an order of 
protection that prohibits a respondent's access to records, no 
health care facility or health care practitioner shall allow a 
respondent access to the records of any child who is a 
protected person under the order of protection, or release 
information in those records to the respondent, unless the 
order has expired or the respondent shows a certified copy of 
the court order vacating the corresponding order of protection 
that was sent to the health care facility or practitioner. 
Nothing in this Section shall be construed to require health 
care facilities or health care practitioners to alter 
procedures related to billing and payment. The health care 
facility or health care practitioner may file the copy of the 
order of protection in the records of a child who is a 
protected person under the order of protection, or may employ 
any other method to identify the records to which a respondent 
is prohibited access. No health care facility or health care 
practitioner shall be civilly or professionally liable for 
reliance on a copy of an order of protection, except for 
willful and wanton misconduct. 
(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, 
eff. 1-1-14.)