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Sen. Dale A. Righter
Filed: 5/8/2008
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09500HB5121sam001 |
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LRB095 16625 AJO 50580 a |
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| AMENDMENT TO HOUSE BILL 5121
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| AMENDMENT NO. ______. Amend House Bill 5121 on page 1, by |
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| replacing line 1 with the following: |
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| "AN ACT concerning domestic violence."; and
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| on page 1, before line 4, by inserting the following:
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| "Section 3. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 112A-22 as follows:
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| (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
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| Sec. 112A-22. Notice of orders.
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| (a) Entry and issuance. Upon issuance
of any order of |
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| protection, the clerk shall
immediately, or on the next court |
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| day if an emergency order is
issued in accordance with |
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| subsection (c) of Section 112A-17,
(i) enter the order on the |
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| record and file it
in accordance with the circuit court
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| procedures and (ii) provide a file stamped copy of the order to
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09500HB5121sam001 |
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LRB095 16625 AJO 50580 a |
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| respondent, if present, and to petitioner.
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| (b) Filing with sheriff. The clerk of the issuing judge |
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| shall, or
the petitioner may, on the same day that an order of |
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| protection is
issued, file a copy of that order with the |
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| sheriff or other law enforcement
officials charged with |
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| maintaining Department of State Police records or
charged with |
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| serving the order upon respondent.
If the order was issued in |
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| accordance with subsection (c) of Section 112A-17,
the
clerk |
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| shall on the next court day, file a certified copy of the order |
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| with the
Sheriff or other law enforcement officials charged |
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| with maintaining Department
of State Police records.
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| (c) Service by sheriff. Unless respondent was present in |
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| court when the
order was issued, the sheriff, other law |
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| enforcement official or special
process server shall
promptly |
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| serve that order upon respondent and file proof of such |
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| service,
in the manner provided for service of process in civil |
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| proceedings.
Instead of serving the order upon the respondent, |
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| however, the sheriff, other
law enforcement official, or |
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| special process server may serve the respondent
with a short |
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| form notification as provided in Section 112A-22.10.
If
process |
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| has not yet been served upon the respondent, it shall be served
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| with the order or short form notification.
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| (c-5) If the person against whom the order of protection is |
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| issued is
arrested and the written order is issued in |
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| accordance with subsection (c) of
Section 112A-17
and received |
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| by the custodial law enforcement agency before the respondent |
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09500HB5121sam001 |
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LRB095 16625 AJO 50580 a |
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| or
arrestee is released from custody, the custodial law |
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| enforcement agent shall
promptly serve the order upon the |
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| respondent or arrestee before the
respondent or arrestee is |
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| released from custody. In no event shall detention
of the |
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| respondent or arrestee be extended for hearing on the petition |
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| for order
of protection or receipt of the order issued under |
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| Section 112A-17 of this
Code.
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| (d) Extensions, modifications and revocations. Any order |
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| extending,
modifying or revoking any order of protection shall |
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| be promptly recorded,
issued and served as provided in this |
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| Section.
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| (e) Notice to health care facilities and health care |
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| practitioners. Upon the request of the petitioner, the clerk of |
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| the circuit court shall send a certified copy of the order of |
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| protection to any specified health care facility or health care |
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| practitioner requested by the petitioner at the mailing address |
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| provided by the petitioner. |
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| (f) Disclosure by health care facilities and health care |
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| practitioners. After receiving a certified copy of an order of |
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| protection that prohibits a respondent's access to records, no |
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| health care facility or health care practitioner shall allow a |
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| respondent access to the records of any child who is a |
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| protected person under the order of protection, or release |
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| information in those records to the respondent, unless the |
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| order has expired or the respondent shows a certified copy of |
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| the court order vacating the corresponding order of protection |
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LRB095 16625 AJO 50580 a |
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| that was sent to the health care facility or practitioner. |
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| Nothing in this Section shall be construed to require health
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| care facilities or health care practitioners to alter |
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| procedures related to billing and payment. The health care |
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| facility or health care practitioner may file the copy of the |
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| order of protection in the records of a child who is a |
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| protected person under the order of protection, or may employ |
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| any other method to identify the records to which a respondent |
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| is prohibited access. No health care facility or health care |
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| practitioner shall be civilly or professionally liable for
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| reliance on a copy of an order of protection, except for |
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| willful and wanton misconduct. |
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| (Source: P.A. 92-162, eff. 1-1-02.)"; and
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| on page 3, line 21, by inserting after "1986", the following: |
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| "or the Code of Criminal Procedure of 1963".
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