|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning domestic violence.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 112A-22 as follows:
| ||||||
6 | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| ||||||
7 | Sec. 112A-22. Notice of orders.
| ||||||
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 112A-17,
(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.
| ||||||
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 copy of that order with the | ||||||
18 | 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 112A-17,
the
clerk | ||||||
22 | shall on the next court day, file a certified copy of the order | ||||||
23 | with the
Sheriff or other law enforcement officials charged |
| |||||||
| |||||||
1 | with maintaining Department
of State Police records.
| ||||||
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 112A-22.10.
If
process | ||||||
11 | has not yet been served upon the respondent, it shall be served
| ||||||
12 | with the order or short form notification.
| ||||||
13 | (c-5) If the person against whom the order of protection is | ||||||
14 | issued is
arrested and the written order is issued in | ||||||
15 | accordance with subsection (c) of
Section 112A-17
and received | ||||||
16 | by the custodial law enforcement agency before the respondent | ||||||
17 | or
arrestee is released from custody, the custodial law | ||||||
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 order
of protection or receipt of the order issued under | ||||||
23 | Section 112A-17 of this
Code.
| ||||||
24 | (d) Extensions, modifications and revocations. Any order | ||||||
25 | extending,
modifying or revoking any order of protection shall | ||||||
26 | be promptly recorded,
issued and served as provided in this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
3 | within 24
hours of the issuance of an order of
protection, the | ||||||
4 | clerk of the issuing judge shall
send written notice of the | ||||||
5 | order of protection along with a certified copy of
the order of | ||||||
6 | protection to the day-care facility,
pre-school or | ||||||
7 | pre-kindergarten, or private school or the principal
office of | ||||||
8 | the public school district or any college or university in | ||||||
9 | which any child who
is a protected person under the order of | ||||||
10 | protection or any child
of
the
petitioner is enrolled.
If the | ||||||
11 | child transfers enrollment to another day-care facility, | ||||||
12 | pre-school,
pre-kindergarten,
private school, public school, | ||||||
13 | college, or university, the petitioner may,
within 24 hours
of | ||||||
14 | the transfer, send to the clerk written notice of the transfer, | ||||||
15 | including
the name and
address of the institution to which the | ||||||
16 | child is transferring.
Within 24 hours of receipt of notice
| ||||||
17 | from the petitioner that a child is transferring to another | ||||||
18 | day-care facility,
pre-school, pre-kindergarten, private | ||||||
19 | school, public school, college, or
university, the clerk shall | ||||||
20 | send written notice of the order of protection,
along with a | ||||||
21 | certified copy of the order, to the institution to which the | ||||||
22 | child
is
transferring. | ||||||
23 | (f) Disclosure by schools. After receiving a certified copy | ||||||
24 | of an order
of protection that prohibits a respondent's access | ||||||
25 | to records, neither a
day-care facility, pre-school, | ||||||
26 | pre-kindergarten, public
or private school, college, or |
| |||||||
| |||||||
1 | university nor its employees shall allow a
respondent access to | ||||||
2 | a
protected child's records or release information in those | ||||||
3 | records to the
respondent. The school shall file
the copy of | ||||||
4 | the order of protection in the records of a child who
is a | ||||||
5 | protected person under the order of protection. When a child | ||||||
6 | who is a
protected person under the order of protection | ||||||
7 | transfers to another day-care
facility, pre-school, | ||||||
8 | pre-kindergarten, public or private school, college, or
| ||||||
9 | university, the institution from which the child is | ||||||
10 | transferring may, at the
request of the petitioner, provide,
| ||||||
11 | within 24 hours of the transfer, written notice of the order of | ||||||
12 | protection,
along with a certified copy of the order, to the | ||||||
13 | institution to which the child
is
transferring. | ||||||
14 | (g) Notice to health care facilities and health care | ||||||
15 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
16 | the circuit court shall send a certified copy of the order of | ||||||
17 | protection to any specified health care facility or health care | ||||||
18 | practitioner requested by the petitioner at the mailing address | ||||||
19 | provided by the petitioner. | ||||||
20 | (h) Disclosure by health care facilities and health care | ||||||
21 | practitioners. After receiving a certified copy of an order of | ||||||
22 | protection that prohibits a respondent's access to records, no | ||||||
23 | health care facility or health care practitioner shall allow a | ||||||
24 | respondent access to the records of any child who is a | ||||||
25 | protected person under the order of protection, or release | ||||||
26 | information in those records to the respondent, unless the |
| |||||||
| |||||||
1 | order has expired or the respondent shows a certified copy of | ||||||
2 | the court order vacating the corresponding order of protection | ||||||
3 | that was sent to the health care facility or practitioner. | ||||||
4 | Nothing in this Section shall be construed to require health | ||||||
5 | care facilities or health care practitioners to alter | ||||||
6 | procedures related to billing and payment. The health care | ||||||
7 | facility or health care practitioner may file the copy of the | ||||||
8 | order of protection in the records of a child who is a | ||||||
9 | protected person under the order of protection, or may employ | ||||||
10 | any other method to identify the records to which a respondent | ||||||
11 | is prohibited access. No health care facility or health care | ||||||
12 | practitioner shall be civilly or professionally liable for | ||||||
13 | reliance on a copy of an order of protection, except for | ||||||
14 | willful and wanton misconduct.
| ||||||
15 | (Source: P.A. 92-162, eff. 1-1-02.)
| ||||||
16 | Section 10. The Illinois Marriage and Dissolution of | ||||||
17 | Marriage Act is amended by changing Section 602.1 as follows:
| ||||||
18 | (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
| ||||||
19 | Sec. 602.1. (a) The dissolution of marriage, the | ||||||
20 | declaration of
invalidity of marriage, the legal separation of | ||||||
21 | the parents, or the parents
living separate and apart shall not | ||||||
22 | diminish parental powers, rights, and
responsibilities except | ||||||
23 | as the court for good reason may determine under
the standards | ||||||
24 | of Section 602.
|
| |||||||
| |||||||
1 | (b) Upon the application of either or both parents, or upon | ||||||
2 | its own motion,
the court shall consider an award of joint | ||||||
3 | custody. Joint custody means
custody determined pursuant to a | ||||||
4 | Joint Parenting Agreement or a Joint Parenting
Order. In such | ||||||
5 | cases, the court shall initially request the parents to produce
| ||||||
6 | a Joint Parenting Agreement. Such Agreement shall specify each | ||||||
7 | parent's
powers, rights and responsibilities for the personal | ||||||
8 | care of the child and
for major decisions such as education, | ||||||
9 | health care, and religious training.
The Agreement shall | ||||||
10 | further specify a procedure by which proposed changes,
disputes | ||||||
11 | and alleged breaches may be mediated or otherwise resolved and
| ||||||
12 | shall provide for a periodic review of its terms by the | ||||||
13 | parents. In
producing a Joint Parenting Agreement, the parents | ||||||
14 | shall be flexible in
arriving at resolutions which further the | ||||||
15 | policy of this State as expressed
in Sections 102 and 602. For | ||||||
16 | the purpose of assisting the court in making
a determination | ||||||
17 | whether an award of joint custody is appropriate, the court
may | ||||||
18 | order mediation and may direct that an investigation be | ||||||
19 | conducted
pursuant to the provisions of Section 605. If there | ||||||
20 | is a danger to the health or safety of a partner, joint | ||||||
21 | mediation shall not be required by the court. In the event the | ||||||
22 | parents fail
to produce a Joint Parenting Agreement, the court | ||||||
23 | may enter an appropriate
Joint Parenting Order under the | ||||||
24 | standards of Section 602 which shall
specify and contain the | ||||||
25 | same elements as a Joint Parenting Agreement, or it
may award | ||||||
26 | sole custody under the standards of Sections 602, 607, and 608.
|
| |||||||
| |||||||
1 | (c) The court may enter an order of joint custody if it | ||||||
2 | determines
that joint custody would be in the best interests of | ||||||
3 | the child, taking into
account the following:
| ||||||
4 | (1) the ability of the parents to cooperate effectively | ||||||
5 | and
consistently in matters that directly affect the joint | ||||||
6 | parenting of the child.
"Ability of the parents
to | ||||||
7 | cooperate" means the parents' capacity to substantially | ||||||
8 | comply with a Joint
Parenting Order. The court shall not | ||||||
9 | consider the inability of the parents to
cooperate | ||||||
10 | effectively and consistently in matters that do not | ||||||
11 | directly affect
the joint parenting of the child;
| ||||||
12 | (2) The residential circumstances of each parent; and
| ||||||
13 | (3) all other factors which may be relevant to the best | ||||||
14 | interest of the
child.
| ||||||
15 | (d) Nothing within this section shall imply or presume that | ||||||
16 | joint
custody shall necessarily mean equal parenting time. The | ||||||
17 | physical
residence of the child in joint custodial situations | ||||||
18 | shall be determined by:
| ||||||
19 | (1) express agreement of the parties; or
| ||||||
20 | (2) order of the court under the standards of this | ||||||
21 | Section.
| ||||||
22 | (e) Notwithstanding any other provision of law, access to | ||||||
23 | records and
information pertaining to a child, including but | ||||||
24 | not limited to medical,
dental, child care and school records, | ||||||
25 | shall not be denied to a parent for
the reason that such parent | ||||||
26 | is not the child's custodial parent; however,
no parent shall |
| |||||||
| |||||||
1 | have access to the school records of a child if the parent
is | ||||||
2 | prohibited by an order of protection from inspecting or | ||||||
3 | obtaining such
records pursuant to the Illinois Domestic | ||||||
4 | Violence Act of 1986, as now or
hereafter amended or pursuant | ||||||
5 | to the Code of Criminal Procedure of 1963 . No parent who is a | ||||||
6 | named respondent in an order of protection issued pursuant to | ||||||
7 | the Domestic Violence Act of 1986 or the Code of Criminal | ||||||
8 | Procedure of 1963 shall have access to the health care records | ||||||
9 | of a child who is a protected person under that order of | ||||||
10 | protection.
| ||||||
11 | (Source: P.A. 94-377, eff. 7-29-05; 95-912, eff. 1-1-09.)
|