Full Text of HB3714 96th General Assembly
HB3714 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3714
Introduced 2/25/2009, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/112A-22 |
from Ch. 38, par. 112A-22 |
750 ILCS 5/602.1 |
from Ch. 40, par. 602.1 |
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Amends the Code of Criminal Procedure of 1963 and the Illinois Marriage and Dissolution of Marriage Act. Provides that upon the request of the petitioner, within 24
hours of the issuance of an order of
protection, the clerk of the issuing judge shall
send written notice of the order of protection along with a certified copy of
the order of protection to the day-care facility,
pre-school or pre-kindergarten, or private school or the principal
office of the public school district or any college or university in which any child who
is a protected person under the order of protection or any child
of
the
petitioner is enrolled.
Provides that upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of the order of protection to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner. Provides that if the order of protection prohibits a respondent's access to such records, the respondent shall not be allowed access to the records unless the order has expired or has been vacated.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| AN ACT concerning domestic violence.
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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 Code of Criminal Procedure of 1963 is | 5 |
| 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 | 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
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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 | 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 |
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| with maintaining Department
of State Police records.
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| (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
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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 | 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.
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| (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 |
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| 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
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| 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 |
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| 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
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| university, the institution from which the child is | 10 |
| 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 | 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 |
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| 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.
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| (Source: P.A. 92-162, eff. 1-1-02.)
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| Section 10. The Illinois Marriage and Dissolution of | 17 |
| Marriage Act is amended by changing Section 602.1 as follows:
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| (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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| 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.
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LRB096 08017 RLC 18122 b |
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| (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
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| 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
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| 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.
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| (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:
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| (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;
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| (2) The residential circumstances of each parent; and
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| (3) all other factors which may be relevant to the best | 14 |
| interest of the
child.
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| (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:
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| (1) express agreement of the parties; or
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| (2) order of the court under the standards of this | 21 |
| Section.
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| (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 |
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HB3714 |
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LRB096 08017 RLC 18122 b |
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| 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.
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| (Source: P.A. 94-377, eff. 7-29-05; 95-912, eff. 1-1-09.)
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