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