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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 Illinois Domestic Violence Act of 1986 is | ||||||||||||||||||||||||||
5 | amended by changing Sections 222 and 401 as follows:
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6 | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
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7 | Sec. 222. Notice of orders.
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8 | (a) Entry and issuance. Upon issuance of any order of | ||||||||||||||||||||||||||
9 | 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 | ||||||||||||||||||||||||||
14 | respondent, if
present, and to petitioner.
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15 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||||||||||||||||||||||
16 | 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 | ||||||||||||||||||||||||||
19 | 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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1 | maintaining Department
of State Police records.
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2 | (c) Service by sheriff. Unless respondent was present in | ||||||
3 | court when the
order was issued, the sheriff, other law | ||||||
4 | enforcement official or special
process server shall
promptly | ||||||
5 | 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
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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 | ||||||
14 | service of such an order together with
process, unless waived | ||||||
15 | or deferred under Section 210.
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16 | (c-5) If the person against whom the order of protection is | ||||||
17 | issued is
arrested and the written order is issued in | ||||||
18 | accordance with subsection (c) of
Section 217
and received by | ||||||
19 | the custodial law enforcement agency before the respondent or
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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 order
of protection or receipt of the order issued under | ||||||
26 | Section 217 of this Act.
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1 | (d) Extensions, modifications and revocations. Any order | ||||||
2 | extending,
modifying or revoking any order of protection shall | ||||||
3 | be promptly recorded,
issued and served as provided in this | ||||||
4 | Section.
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5 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
6 | within 24
hours of the issuance of an order of
protection, the | ||||||
7 | clerk of the issuing judge shall
send written notice of the | ||||||
8 | order of protection along with a certified copy of
the order of | ||||||
9 | protection to the day-care facility,
pre-school or | ||||||
10 | pre-kindergarten, or private school or the principal
office of | ||||||
11 | the public school district or any college or university in | ||||||
12 | which any child who
is a protected person under the order of | ||||||
13 | protection or any child
of
the
petitioner is enrolled.
If the | ||||||
14 | child transfers enrollment to another day-care facility, | ||||||
15 | pre-school,
pre-kindergarten,
private school, public school, | ||||||
16 | college, or university, the petitioner may,
within 24 hours
of | ||||||
17 | the transfer, send to the clerk written notice of the transfer, | ||||||
18 | including
the name and
address of the institution to which the | ||||||
19 | child is transferring.
Within 24 hours of receipt of notice
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20 | from the petitioner that a child is transferring to another | ||||||
21 | day-care facility,
pre-school, pre-kindergarten, private | ||||||
22 | school, public school, college, or
university, the clerk shall | ||||||
23 | send written notice of the order of protection,
along with a | ||||||
24 | certified copy of the order, to the institution to which the | ||||||
25 | child
is
transferring.
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26 | (f) Disclosure by schools. After receiving a certified copy |
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1 | of an order
of protection that prohibits a respondent's access | ||||||
2 | to records, neither a
day-care facility, pre-school, | ||||||
3 | pre-kindergarten, public
or private school, college, or | ||||||
4 | university nor its employees shall allow a
respondent access to | ||||||
5 | 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 | ||||||
8 | protected person under the order of protection. When a child | ||||||
9 | who is a
protected person under the order of protection | ||||||
10 | transfers to another day-care
facility, pre-school, | ||||||
11 | pre-kindergarten, public or private school, college, or
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12 | university, the institution from which the child is | ||||||
13 | transferring may, at the
request of the petitioner, provide,
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14 | within 24 hours of the transfer, written notice of the order of | ||||||
15 | protection,
along with a certified copy of the order, to the | ||||||
16 | institution to which the child
is
transferring. | ||||||
17 | (g) Notice to health care facilities and health care | ||||||
18 | practitioners. Upon the request of the petitioner, within 24 | ||||||
19 | hours of the issuance of an order of protection, the clerk of | ||||||
20 | the issuing judge shall send written notice of the order of | ||||||
21 | protection along with a certified copy of the order of | ||||||
22 | protection to any specified hospital, long term care facility, | ||||||
23 | ambulatory surgical services center, blood bank, clinical | ||||||
24 | laboratory, other type of health care facility, or health care | ||||||
25 | practitioner from which any child who is a protected person | ||||||
26 | under the order of protection or any other child of the |
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1 | petitioner has received health care services. This notice shall | ||||||
2 | include a copy of subsection (h) and specific identification of | ||||||
3 | the name of the respondent. If the child seeks services from | ||||||
4 | another health care facility or health care practitioner, the | ||||||
5 | petitioner may send to the clerk written notice of the new | ||||||
6 | health care facility or health care practitioner, including the | ||||||
7 | name and address of the new health care facility or health care | ||||||
8 | practitioner. Within 24 hours of receipt of notice from the | ||||||
9 | petitioner that a child is seeking services from another health | ||||||
10 | care facility or health care practitioner, the clerk shall send | ||||||
11 | written notice of the order of protection, along with a | ||||||
12 | certified copy of the order and a copy of subsection (h), to | ||||||
13 | the new health care facility or health care practitioner from | ||||||
14 | which the child is seeking services. | ||||||
15 | (h) Disclosure by health care facilities and health care | ||||||
16 | practitioners. After receiving a certified copy of an order of | ||||||
17 | protection that prohibits a respondent's access to records, no | ||||||
18 | health care facility or health care practitioner shall allow a | ||||||
19 | respondent access to the records of any child who is a | ||||||
20 | protected person under the order of protection or any other | ||||||
21 | child of the petitioner or release information in those records | ||||||
22 | to the respondent. The health care facility or health care | ||||||
23 | practitioner shall file the copy of the order of protection in | ||||||
24 | the records of a child who is a protected person under the | ||||||
25 | order of protection.
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26 | (Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02;
92-651, |
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1 | eff. 7-11-02.)
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2 | (750 ILCS 60/401) (from Ch. 40, par. 2314-1)
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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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9 | 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
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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 .
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19 | (Source: P.A. 87-436.)
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