Full Text of HB5121 95th General Assembly
HB5121sam001 95TH GENERAL ASSEMBLY
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Sen. Dale A. Righter
Filed: 5/8/2008
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09500HB5121sam001 |
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LRB095 16625 AJO 50580 a |
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| AMENDMENT TO HOUSE BILL 5121
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| 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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| "Section 3. The Code of Criminal Procedure of 1963 is | 7 |
| amended by changing Section 112A-22 as follows:
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| (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
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| Sec. 112A-22. Notice of orders.
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| (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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| procedures and (ii) provide a file stamped copy of the order to
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| respondent, if present, and to petitioner.
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| (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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| (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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| with the order or short form notification.
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| (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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| 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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| (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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| (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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| 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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| 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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| 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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| on page 3, line 21, by inserting after " 1986 ", the following: | 15 |
| " or the Code of Criminal Procedure of 1963 ".
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