Full Text of HB3714 96th General Assembly
HB3714eng 96TH GENERAL ASSEMBLY
|
|
|
HB3714 Engrossed |
|
LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Engrossed |
- 2 - |
LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Engrossed |
- 3 - |
LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Engrossed |
- 4 - |
LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Engrossed |
- 5 - |
LRB096 08017 RLC 18122 b |
|
| 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.
|
|
|
|
HB3714 Engrossed |
- 6 - |
LRB096 08017 RLC 18122 b |
|
| 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.
|
|
|
|
HB3714 Engrossed |
- 7 - |
LRB096 08017 RLC 18122 b |
|
| 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 |
|
|
|
HB3714 Engrossed |
- 8 - |
LRB096 08017 RLC 18122 b |
|
| 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.)
|
|