95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5121


 
Introduced , by Rep. Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		
















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


750 ILCS 60/401
  from Ch. 40, par. 2314-1







    Amends the Illinois Domestic Violence Act of 1986.  Provides that in a domestic violence case, upon the request of the petitioner, within 24 hours of the issuance of an order of protection, the clerk shall send a certified copy of the order to each specified health care facility or health care provider that furnished services to any child protected by the order.  Provides that the health care provider shall place the order in the child's records.  Provides that no health care provider who receives such an order shall allow a respondent access to the records of any child who is protected by the order or any other child of the petitioner.  Provides that any person or facility (instead of only any person) that is licensed to administer health care shall not be civilly liable for any act or omission for complying with these provisions.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5121

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1
    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Domestic Violence Act of 1986 is 
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amended  by changing Sections 222 and 401 as follows:
 



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



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    Sec. 222. 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 
10
day if an emergency order is
issued in accordance with 
11
subsection (c) of Section 217,
(i) enter the order on the 
12
record and file it
in accordance with the circuit court 
13
procedures and (ii) provide a file stamped
copy of the order to 
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respondent, if
present, and to petitioner.

15
    (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 
17
protection is
issued, file a certified copy of that order with 
18
the sheriff or other law
enforcement officials charged with 
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maintaining Department of State Police
records or charged with 
20
serving the order upon respondent.
If the order was issued in 
21
accordance with subsection (c) of Section 217,
the clerk
shall 
22
on the next court day, file a certified copy of the order with 
23
the
Sheriff or other law enforcement officials charged with 
 


 






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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 
4
enforcement official or special
process server shall
promptly 
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serve that order upon respondent and file proof of such 
6
service,
in the manner provided for service of process in civil 
7
proceedings.
Instead of serving the order upon the respondent, 
8
however, the sheriff, other
law enforcement official, or 
9
special process server may serve the respondent
with a short 
10
form notification as provided in Section 222.10.
If
process has 
11
not yet been served upon the respondent, it shall be served

12
with the order or short form notification.  A single fee may be 
13
charged for
service of an order
obtained in civil court, or for 
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service of such an order together with
process, unless waived 
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or deferred under Section 210.

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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 217
and received by 
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the custodial law enforcement agency before the respondent or

20
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 217 of this Act.

 


 






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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 
4
Section.

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    (e) Notice to schools.  Upon the request of the petitioner, 
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within 24
hours of the issuance of an order of
protection, the 
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clerk of the issuing judge shall
send written notice of the 
8
order of protection along with a certified copy of
the order of 
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protection to the day-care facility,
pre-school or 
10
pre-kindergarten, or private school or the principal
office of 
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the public school district or any college or university in 
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which any child who
is a protected person under the order of 
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protection or any child
of
the
petitioner is enrolled.
If the 
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child transfers enrollment to another day-care facility, 
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pre-school,
pre-kindergarten,
private school, public school, 
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college, or university, the petitioner may,
within 24 hours
of 
17
the transfer, send to the clerk written notice of the transfer, 
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including
the name and
address of the institution to which the 
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child is transferring.
 Within 24 hours of receipt of notice

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from the petitioner that a child is transferring to another 
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day-care facility,
pre-school, pre-kindergarten, private 
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school, public school, college, or
university, the clerk shall 
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send written notice of the order of protection,
along with a 
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certified copy of the order, to the institution to which the 
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child
is
transferring.

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    (f) Disclosure by schools.  After receiving a certified copy 
 


 






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of an order
of protection that prohibits a respondent's access 
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to records, neither a
day-care facility, pre-school, 
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pre-kindergarten, public
or private school, college, or 
4
university nor its employees shall allow a
respondent access to 
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a
protected child's records or release information in those 
6
records to the
respondent.  The school shall file
the copy of 
7
the order of protection in the records of a child who
is a 
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protected person under the order of protection.  When a child 
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who is a
protected person under the order of protection 
10
transfers to another day-care
facility, pre-school, 
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pre-kindergarten, public or private school, college, or

12
university, the institution from which the child is 
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transferring may, at the
request of the petitioner, provide,

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within 24 hours of the transfer, written notice of the order of 
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protection,
along with a certified copy of the order, to the 
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institution to which the child
is
transferring.
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    (g)  Notice to health care facilities and health care 
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practitioners. Upon the request of the petitioner, within 24 
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hours of the issuance of an order of protection, the clerk of 
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the issuing judge shall send written notice of the order of 
21
protection along with a certified copy of the order of 
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protection to any specified hospital, long term care facility, 
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ambulatory surgical services center, blood bank, clinical 
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laboratory, other type of health care facility, or health care 
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practitioner from which any child who is a protected person 
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under the order of protection or any other child of the 
 


 






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petitioner has received health care services. This notice shall 
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include a copy of subsection (h) and specific identification of 
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the name of the respondent.  If the child seeks services from 
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another health care facility or health care practitioner, the 
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petitioner may send to the clerk written notice of the new 
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health care facility or health care practitioner, including the 
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name and address of the new health care facility or health care 
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practitioner. Within 24 hours of receipt of notice from the 
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petitioner that a child is seeking services from another health 
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care facility or health care practitioner, the clerk shall send 
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written notice of the order of protection, along with a 
12
certified copy of the order and a copy of subsection (h), to 
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the new health care facility or health care practitioner from 
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which the child is seeking services.
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    (h) Disclosure by health care facilities and health care 
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practitioners. After receiving a certified copy of an order of 
17
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 any other 
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child of the petitioner  or release information in those records 
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to the respondent. The health care facility or health care 
23
practitioner shall file the copy of the order of protection in 
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the records of a child who is a protected person under the 
25
order of protection. 

26
(Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02;
92-651, 
 


 






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eff. 7-11-02.)

 



2
    (750 ILCS 60/401)  (from Ch. 40, par. 2314-1)



3
    Sec. 401. Any person who is licensed, certified or 
4
otherwise
authorized by the law of this State to administer 
5
health care in the
ordinary course of business or practice of a 
6
profession shall offer to a
person suspected to be a victim of 
7
abuse immediate and adequate information
regarding services 
8
available to victims of abuse.

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    Any person or facility that who is licensed, certified or 
10
otherwise authorized by the
law of this State to administer 
11
health care in the ordinary course of
business, or practice of 
12
a profession and who in good faith offers to a
person suspected 
13
to be a victim of abuse information regarding services

14
available to victims of abuse shall not be civilly liable for 
15
any act or
omission of the agency providing those services to 
16
the victims of abuse or
for the inadequacy of those services 
17
provided by the agency or for complying with subsection (g) or 
18
(h) of Section 222.

19
(Source: P.A. 87-436.)