HB5922ham001 97TH GENERAL ASSEMBLY

Rep. William Cunningham

Filed: 3/27/2012

09700HB5922ham001 LRB097 19477 AJO 67444 a

AMENDMENT TO HOUSE BILL 5922

AMENDMENT NO. ______. Amend House Bill 5922 on page 4, by deleting line 6; and

on page 4, line 9, by deleting "stalking no contact"; and

on page 4, line 12, by deleting "stalking no contact"; and

on page 4, line 14, by deleting "stalking no contact"; and

on page 4, line 16, by deleting "stalking no contact"; and

on page 4, by replacing lines 23 and 24 with the following:

"(e) The Attorney General shall make the short form notification form available to law enforcement agencies in"; and

on page 4, by inserting immediately below line 25 the following:

"(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."; and

on page 7, by deleting line 25; and

on page 8, line 3, by deleting "civil no contact"; and

on page 8, line 6, by deleting "civil no contact"; and

on page 8, line 8, by deleting "civil no contact"; and

on page 8, line 10, by deleting "civil no contact"; and

on page 8, by replacing lines 17 and 18 with the following:

"(e) The Attorney General shall make the short form notification form available to law enforcement agencies in"; and

on page 8, by inserting immediately below line 19 the following:

"(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.)".