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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Section 115 and by adding Section 117 as follows: | ||||||
6 | (740 ILCS 21/115)
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7 | Sec. 115. Notice of orders. | ||||||
8 | (a) Upon issuance of any stalking no contact order, the | ||||||
9 | clerk shall immediately, or on the next court day if an | ||||||
10 | emergency order is issued in accordance with subsection (c) of | ||||||
11 | Section 95: | ||||||
12 | (1) enter the order on the record and file it in | ||||||
13 | accordance with the circuit court procedures; and | ||||||
14 | (2) provide a file stamped copy of the order to the | ||||||
15 | respondent, if present, and to the petitioner. | ||||||
16 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
17 | may, on the same day that a stalking no contact order is | ||||||
18 | issued, file a certified copy of that order with the sheriff or | ||||||
19 | other law enforcement officials charged with maintaining | ||||||
20 | Department of State Police records or charged with serving the | ||||||
21 | order upon the respondent. If the order was issued in | ||||||
22 | accordance with subsection (c) of Section 95, the clerk shall, | ||||||
23 | on the next court day, file a certified copy of the order with |
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1 | the sheriff or other law enforcement officials charged with | ||||||
2 | maintaining Department of State Police records. | ||||||
3 | (c) Unless the respondent was present in court when the | ||||||
4 | order was issued, the sheriff, other law enforcement official, | ||||||
5 | or special process server shall promptly serve that order upon | ||||||
6 | the respondent and file proof of such service in the manner | ||||||
7 | provided for service of process in civil proceedings. Instead | ||||||
8 | of serving the order upon the respondent, however, the sheriff, | ||||||
9 | other law enforcement official, special process server, or | ||||||
10 | other persons defined in Section 117 may serve the respondent | ||||||
11 | with a short form notification as provided in Section 117. If | ||||||
12 | process has not yet been served upon the respondent, it shall | ||||||
13 | be served with the order or short form notification if such | ||||||
14 | service is made by the sheriff, other law enforcement official, | ||||||
15 | or special process server . | ||||||
16 | (d) If the person against whom the stalking no contact | ||||||
17 | order is issued is arrested and the written order is issued in | ||||||
18 | accordance with subsection (c) of Section 95 and received by | ||||||
19 | the custodial law enforcement agency before the respondent or | ||||||
20 | arrestee is released from custody, the custodial law | ||||||
21 | enforcement agent shall promptly serve the order upon the | ||||||
22 | respondent or arrestee before the respondent or arrestee is | ||||||
23 | released from custody. In no event shall detention of the | ||||||
24 | respondent or arrestee be extended for hearing on the petition | ||||||
25 | for stalking no contact order or receipt of the order issued | ||||||
26 | under Section 95 of this Act. |
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1 | (e) Any order extending, modifying, or revoking any | ||||||
2 | stalking no contact order shall be promptly recorded, issued, | ||||||
3 | and served as provided in this Section. | ||||||
4 | (f) Upon the request of the petitioner, within 24 hours of | ||||||
5 | the issuance of a stalking no contact order, the clerk of the | ||||||
6 | issuing judge shall send written notice of the order along with | ||||||
7 | a certified copy of the order to any school, daycare, college, | ||||||
8 | or university at which the petitioner is enrolled.
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9 | (Source: P.A. 96-246, eff. 1-1-10.) | ||||||
10 | (740 ILCS 21/117 new) | ||||||
11 | Sec. 117. Short form notification. | ||||||
12 | (a) Instead of personal service of a stalking no contact | ||||||
13 | order under Section 115, a sheriff, other law enforcement | ||||||
14 | official, special process server, or personnel assigned by the | ||||||
15 | Department of Corrections to investigate the alleged | ||||||
16 | misconduct of committed persons or alleged violations of a | ||||||
17 | parolee's or releasee's conditions of parole or mandatory | ||||||
18 | supervised release may serve a respondent with a short form | ||||||
19 | notification. The short form notification must include the | ||||||
20 | following items: | ||||||
21 | (1) The respondent's name. | ||||||
22 | (2) The respondent's date of birth, if known. | ||||||
23 | (3) The petitioner's name. | ||||||
24 | (4) The names of other protected parties. | ||||||
25 | (5) The date and county in which the stalking no |
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1 | contact order was filed. | ||||||
2 | (6) The court file number. | ||||||
3 | (7) The hearing date and time, if known. | ||||||
4 | (8) The conditions that apply to the respondent, either | ||||||
5 | in checklist form or handwritten. | ||||||
6 | (b) The short form notification must contain the following | ||||||
7 | notice in bold print: | ||||||
8 | "The order is now enforceable. You must report to the | ||||||
9 | office of the sheriff or the office of the circuit court in | ||||||
10 | (name of county) County to obtain a copy of the order. You are | ||||||
11 | subject to arrest and may be charged with a misdemeanor or | ||||||
12 | felony if you violate any of the terms of the order." | ||||||
13 | (c) Upon verification of the identity of the respondent and | ||||||
14 | the existence of an unserved order against the respondent, a | ||||||
15 | sheriff or other law enforcement official may detain the | ||||||
16 | respondent for a reasonable time necessary to complete and | ||||||
17 | serve the short form notification. | ||||||
18 | (d) When service is made by short form notification under | ||||||
19 | this Section, it may be proved by the affidavit of the person | ||||||
20 | making the service. | ||||||
21 | (e) The Attorney General shall make the short form | ||||||
22 | notification form available to law enforcement agencies in this | ||||||
23 | State. | ||||||
24 | (f) A single short form notification form may be used for | ||||||
25 | orders of protection under the Illinois Domestic Violence Act | ||||||
26 | of 1986, stalking no contact orders under this Act, and civil |
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1 | no contact orders under the Civil No Contact Order Act. | ||||||
2 | Section 10. The Civil No Contact Order Act is amended by | ||||||
3 | changing Section 218 and by adding Section 218.1 as follows:
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4 | (740 ILCS 22/218)
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5 | Sec. 218. Notice of orders.
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6 | (a) Upon issuance of any civil no contact order, the clerk | ||||||
7 | shall
immediately, or on the next court day if an emergency | ||||||
8 | order is issued in
accordance with subsection (c) of Section | ||||||
9 | 214:
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10 | (1) enter the order on the record and file it in | ||||||
11 | accordance with the
circuit court procedures; and
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12 | (2) provide a file stamped copy of the order to the | ||||||
13 | respondent, if
present, and to the petitioner.
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14 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
15 | may, on the
same day that a civil no contact order is issued, | ||||||
16 | file a certified copy of that
order with the sheriff or other | ||||||
17 | law enforcement officials charged with
maintaining Department | ||||||
18 | of State Police records or charged with serving the
order upon | ||||||
19 | the respondent. If the order was issued in accordance with
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20 | subsection (c) of Section 214, the clerk shall, on the next | ||||||
21 | court day, file a
certified copy of the order with the Sheriff | ||||||
22 | or other law enforcement officials
charged with maintaining | ||||||
23 | Department of State Police records.
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24 | (c) Unless the respondent was present in court when the |
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1 | order was
issued, the sheriff, other law enforcement official, | ||||||
2 | or special process server
shall promptly serve that order upon | ||||||
3 | the respondent and file proof of such
service in the manner | ||||||
4 | provided for service of process in civil proceedings. Instead | ||||||
5 | of serving the order upon the respondent, however, the sheriff, | ||||||
6 | other law enforcement official, special process server, or | ||||||
7 | other persons defined in Section 218.1 may serve the respondent | ||||||
8 | with a short form notification as provided in Section 218.1. If
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9 | process has not yet been served upon the respondent, it shall | ||||||
10 | be served with
the order or short form notification if such | ||||||
11 | service is made by the sheriff, other law enforcement official, | ||||||
12 | or special process server .
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13 | (d) If the person against whom the civil no contact order | ||||||
14 | is issued is
arrested and the written order is issued in | ||||||
15 | accordance with subsection (c) of
Section 214 and received by | ||||||
16 | the custodial law enforcement agency before
the respondent or | ||||||
17 | arrestee is released from custody, the custodial law
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18 | enforcement agent shall promptly serve the order upon the | ||||||
19 | respondent or
arrestee before the respondent or arrestee is | ||||||
20 | released from custody. In no
event shall detention of the | ||||||
21 | respondent or arrestee be extended for hearing
on the petition | ||||||
22 | for civil no contact order or receipt of the order issued under
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23 | Section 214 of this Act.
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24 | (e) Any order extending, modifying, or revoking any civil | ||||||
25 | no contact
order shall be promptly recorded, issued, and served | ||||||
26 | as provided in this
Section.
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1 | (f) Upon the request of the
petitioner, within 24 hours of | ||||||
2 | the issuance of a civil no contact order, the
clerk of the | ||||||
3 | issuing judge shall
send written notice of the order along with
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4 | a certified copy of the order to any school, college, or | ||||||
5 | university at which
the
petitioner is enrolled.
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6 | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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7 | (740 ILCS 22/218.1 new) | ||||||
8 | Sec. 218.1. Short form notification. | ||||||
9 | (a) Instead of personal service of a civil no contact order | ||||||
10 | under Section 218, a sheriff, other law enforcement official, | ||||||
11 | special process server, or personnel assigned by the Department | ||||||
12 | of Corrections to investigate the alleged misconduct of | ||||||
13 | committed persons or alleged violations of a parolee's or | ||||||
14 | releasee's conditions of parole or mandatory supervised | ||||||
15 | release may serve a respondent with a short form notification. | ||||||
16 | The short form notification must include the following items: | ||||||
17 | (1) The respondent's name. | ||||||
18 | (2) The respondent's date of birth, if known. | ||||||
19 | (3) The petitioner's name. | ||||||
20 | (4) The names of other protected parties. | ||||||
21 | (5) The date and county in which the civil no contact | ||||||
22 | order was filed. | ||||||
23 | (6) The court file number. | ||||||
24 | (7) The hearing date and time, if known. | ||||||
25 | (8) The conditions that apply to the respondent, either |
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1 | in checklist form or handwritten. | ||||||
2 | (b) The short form notification must contain the following | ||||||
3 | notice in bold print: | ||||||
4 | "The order is now enforceable. You must report to the | ||||||
5 | office of the sheriff or the office of the circuit court in | ||||||
6 | (name of county) County to obtain a copy of the order. You are | ||||||
7 | subject to arrest and may be charged with a misdemeanor or | ||||||
8 | felony if you violate any of the terms of the order." | ||||||
9 | (c) Upon verification of the identity of the respondent and | ||||||
10 | the existence of an unserved order against the respondent, a | ||||||
11 | sheriff or other law enforcement official may detain the | ||||||
12 | respondent for a reasonable time necessary to complete and | ||||||
13 | serve the short form notification. | ||||||
14 | (d) When service is made by short form notification under | ||||||
15 | this Section, it may be proved by the affidavit of the person | ||||||
16 | making the service. | ||||||
17 | (e) The Attorney General shall make the short form | ||||||
18 | notification form available to law enforcement agencies in this | ||||||
19 | State. | ||||||
20 | (f) A single short form notification form may be used for | ||||||
21 | orders of protection under the Illinois Domestic Violence Act | ||||||
22 | of 1986, stalking no contact orders under the Stalking No | ||||||
23 | Contact Order Act, and civil no contact orders under this Act.
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24 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
25 | amended by changing Section 222.10 as follows:
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1 | (750 ILCS 60/222.10)
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2 | Sec. 222.10. Short form notification.
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3 | (a) Instead of personal service of an order of protection | ||||||
4 | under Section 222,
a sheriff, other law enforcement official, | ||||||
5 | special process server, or personnel assigned by the Department | ||||||
6 | of Corrections to investigate the alleged misconduct of | ||||||
7 | committed persons or alleged violations of a parolee's or | ||||||
8 | releasee's conditions of parole or mandatory supervised | ||||||
9 | release may serve
a respondent with a short form notification. | ||||||
10 | The short form notification must
include the following items:
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11 | (1) The respondent's name.
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12 | (2) The respondent's date of birth, if known.
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13 | (3) The petitioner's name.
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14 | (4) The names of other protected parties.
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15 | (5) The date and county in which the order of | ||||||
16 | protection was filed.
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17 | (6) The court file number.
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18 | (7) The hearing date and time, if known.
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19 | (8) The conditions that apply to the respondent, either | ||||||
20 | in checklist form
or handwritten.
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21 | (9) The name of the judge who signed the order.
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22 | (b) The short form notification must contain the following | ||||||
23 | notice in bold
print:
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24 | "The order of protection is now enforceable. You must | ||||||
25 | report to the office of
the sheriff or the office of the |
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1 | circuit court in (name of county) County to
obtain a copy | ||||||
2 | of the order of protection . You are subject to arrest and | ||||||
3 | may be
charged with a misdemeanor or felony if you violate | ||||||
4 | any of the terms of the
order of protection ."
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5 | (c) Upon verification of the identity of the respondent and | ||||||
6 | the existence of
an unserved order of protection against the | ||||||
7 | respondent, a sheriff or other law
enforcement official may | ||||||
8 | detain the respondent for a reasonable time necessary
to | ||||||
9 | complete and serve the short form notification.
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10 | (d) When service is made by short form notification under | ||||||
11 | this Section, it
may be proved by the affidavit of the person | ||||||
12 | making the service.
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13 | (e) The Attorney General shall make provide adequate copies | ||||||
14 | of the short form
notification form available to law | ||||||
15 | enforcement agencies in this State.
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16 | (f) A single short form notification form may be used for | ||||||
17 | orders of protection under this Act, stalking no contact orders | ||||||
18 | under the Stalking No Contact Order Act, and civil no contact | ||||||
19 | orders under the Civil No Contact Order Act. | ||||||
20 | (Source: P.A. 97-50, eff. 6-28-11.)
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