Public Act 097-1017
 
HB5922 EnrolledLRB097 19477 AJO 64731 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 Section 115 and by adding Section 117 as follows:
 
    (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.
    (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. 96-246, eff. 1-1-10.)
 
    (740 ILCS 21/117 new)
    Sec. 117. Short form notification.
    (a) Instead of personal service of a stalking no contact 
order under Section 115, a sheriff, other law enforcement 
official, special process server, or personnel assigned by the 
Department of Corrections to investigate the alleged 
misconduct of committed persons or alleged violations of a 
parolee's or releasee's conditions of parole or mandatory 
supervised release may serve a respondent with a short form 
notification. The short form notification must include the 
following items:
        (1) The respondent's name.
        (2) The respondent's date of birth, if known.
        (3) The petitioner's name.
        (4) The names of other protected parties.
        (5) The date and county in which the stalking no 
    contact order was filed.
        (6) The court file number.
        (7) The hearing date and time, if known.
        (8) The conditions that apply to the respondent, either 
    in checklist form or handwritten.
    (b) The short form notification must contain the following 
notice in bold print:
    "The order is now enforceable. You must report to the 
office of the sheriff or the office of the circuit court in 
(name of county) County to obtain a copy of the order. You are 
subject to arrest and may be charged with a misdemeanor or 
felony if you violate any of the terms of the order."
    (c) Upon verification of the identity of the respondent and 
the existence of an unserved order against the respondent, a 
sheriff or other law enforcement official may detain the 
respondent for a reasonable time necessary to complete and 
serve the short form notification.
    (d) When service is made by short form notification under 
this Section, it may be proved by the affidavit of the person 
making the service.
    (e) The Attorney General shall make the short form 
notification form available to law enforcement agencies in this 
State.
    (f) A single short form notification form may be used for 
orders of protection under the Illinois Domestic Violence Act 
of 1986, stalking no contact orders under this Act, and civil 
no contact orders under the Civil No Contact Order Act. 
 
    Section 10. The Civil No Contact Order Act is amended  by 
changing Section 218 and by adding Section 218.1 as follows:
 



    (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.

    (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. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)

 
    (740 ILCS 22/218.1 new)
    Sec. 218.1. Short form notification.
    (a) Instead of personal service of a civil no contact order 
under Section 218, a sheriff, other law enforcement official, 
special process server, or personnel assigned by the Department 
of Corrections to investigate the alleged misconduct of 
committed persons or alleged violations of a parolee's or 
releasee's conditions of parole or mandatory supervised 
release may serve a respondent with a short form notification. 
The short form notification must include the following items:
        (1) The respondent's name.
        (2) The respondent's date of birth, if known.
        (3) The petitioner's name.
        (4) The names of other protected parties.
        (5) The date and county in which the civil no contact 
    order was filed.
        (6) The court file number.
        (7) The hearing date and time, if known.
        (8) The conditions that apply to the respondent, either 
    in checklist form or handwritten.
    (b) The short form notification must contain the following 
notice in bold print:
    "The order is now enforceable. You must report to the 
office of the sheriff or the office of the circuit court in 
(name of county) County to obtain a copy of the order. You are 
subject to arrest and may be charged with a misdemeanor or 
felony if you violate any of the terms of the order."
    (c) Upon verification of the identity of the respondent and 
the existence of an unserved order against the respondent, a 
sheriff or other law enforcement official may detain the 
respondent for a reasonable time necessary to complete and 
serve the short form notification.
    (d) When service is made by short form notification under 
this Section, it may be proved by the affidavit of the person 
making the service.
    (e) The Attorney General shall make the short form 
notification form available to law enforcement agencies in this 
State.
    (f) A single short form notification form may be used for 
orders of protection under the Illinois Domestic Violence Act 
of 1986, stalking no contact orders under the Stalking No 
Contact Order Act, and civil no contact orders under this Act. 
  
 
    Section 15. The Illinois Domestic Violence Act of 1986 is 
amended by changing Section 222.10 as follows:
 



    (750 ILCS 60/222.10)



    Sec. 222.10. Short form notification. 

    (a) Instead of personal service of an order of protection 
under Section 222,
a sheriff, other law enforcement official, 
special process server, or personnel assigned by the Department 
of Corrections to investigate the alleged misconduct of 
committed persons or alleged violations of a parolee's or 
releasee's conditions of parole or mandatory supervised 
release may serve
a respondent with a short form notification. 
The short form notification must
include the following items:


        (1) The respondent's name.


        (2) The respondent's date of birth, if known.


        (3) The petitioner's name.


        (4) The names of other protected parties.


        (5) The date and county in which the order of 
    protection was filed.


        (6) The court file number.


        (7) The hearing date and time, if known.


        (8) The conditions that apply to the respondent, either 
    in checklist form
or handwritten.


        (9) The name of the judge who signed the order.

    (b) The short form notification must contain the following 
notice in bold
print:


    "The order of protection is now enforceable. You must 
    report to the office of
the sheriff or the office of the 
    circuit court in (name of county) County to
obtain a copy 
    of the order of protection. You are subject to arrest and 
    may be
charged with a misdemeanor or felony if you violate 
    any of the terms of the
order of protection."

    (c) Upon verification of the identity of the respondent and 
the existence of
an unserved order of protection against the 
respondent, a sheriff or other law
enforcement official may 
detain the respondent for a reasonable time necessary
to 
complete and serve the short form notification.

    (d) When service is made by short form notification under 
this Section, it
may be proved by the affidavit of the person 
making the service.

    (e) The Attorney General shall make provide adequate copies 
of the short form
notification form available to law 
enforcement agencies in this State.

    (f) A single short form notification form may be used for 
orders of protection under this Act, stalking no contact orders 
under the Stalking No Contact Order Act, and civil no contact 
orders under the Civil No Contact Order Act. 
(Source: P.A. 97-50, eff. 6-28-11.)