Full Text of SB0145 96th General Assembly
SB0145ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Adopted in House Comm. on Apr 23, 2009
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09600SB0145ham001 |
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LRB096 03772 RLC 25289 a |
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| AMENDMENT TO SENATE BILL 145
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| AMENDMENT NO. ______. Amend Senate Bill 145 on page 4, by | 3 |
| inserting immediately below line 2 the following:
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| " (g) Notice to schools. Upon the request of the petitioner, | 5 |
| within 24
hours of the issuance of an order of
protection, the | 6 |
| clerk of the issuing judge shall
send a certified copy of
the | 7 |
| order of protection to the day-care facility,
pre-school or | 8 |
| pre-kindergarten, or private school or the principal
office of | 9 |
| the public school district or any college or university in | 10 |
| which any child who
is a protected person under the order of | 11 |
| protection or any child
of
the
petitioner is enrolled as | 12 |
| requested by the petitioner at the mailing address provided by | 13 |
| the petitioner.
If the child transfers enrollment to another | 14 |
| day-care facility, pre-school,
pre-kindergarten,
private | 15 |
| school, public school, college, or university, the petitioner | 16 |
| may,
within 24 hours
of the transfer, send to the clerk written | 17 |
| notice of the transfer, including
the name and
address of the | 18 |
| institution to which the child is transferring.
Within 24 hours |
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09600SB0145ham001 |
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LRB096 03772 RLC 25289 a |
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| of receipt of notice
from the petitioner that a child is | 2 |
| transferring to another day-care facility,
pre-school, | 3 |
| pre-kindergarten, private school, public school, college, or
| 4 |
| university, the clerk shall send a certified copy of the order | 5 |
| to the institution to which the child
is
transferring. | 6 |
| (h) Disclosure by schools. After receiving a certified copy | 7 |
| of an order
of protection that prohibits a respondent's access | 8 |
| to records, neither a
day-care facility, pre-school, | 9 |
| pre-kindergarten, public
or private school, college, or | 10 |
| university nor its employees shall allow a
respondent access to | 11 |
| a
protected child's records or release information in those | 12 |
| records to the
respondent. The school shall file
the copy of | 13 |
| the order of protection in the records of a child who
is a | 14 |
| protected person under the order of protection. When a child | 15 |
| who is a
protected person under the order of protection | 16 |
| transfers to another day-care
facility, pre-school, | 17 |
| pre-kindergarten, public or private school, college, or
| 18 |
| university, the institution from which the child is | 19 |
| 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 | 21 |
| protection,
along with a certified copy of the order, to the | 22 |
| institution to which the child
is
transferring. "; and | 23 |
| on page 6, line 18, by inserting after "amended" the following: | 24 |
| " or pursuant to the Code of Criminal Procedure of 1963 "; and
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09600SB0145ham001 |
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LRB096 03772 RLC 25289 a |
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| on page 6, by inserting immediately below line 24 the | 2 |
| following: | 3 |
| "Section 15. The Illinois Domestic Violence Act of 1986 is | 4 |
| amended by changing Section 222 as follows:
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| (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
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| Sec. 222. Notice of orders.
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| (a) Entry and issuance. Upon issuance of any order of | 8 |
| protection, the
clerk shall immediately, or on the next court | 9 |
| day if an emergency order is
issued in accordance with | 10 |
| subsection (c) of Section 217,
(i) enter the order on the | 11 |
| record and file it
in accordance with the circuit court | 12 |
| procedures and (ii) provide a file stamped
copy of the order to | 13 |
| respondent, if
present, and to petitioner.
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| (b) Filing with sheriff. The clerk of the issuing judge | 15 |
| shall, or
the petitioner may, on the same day that an order of | 16 |
| protection is
issued, file a certified copy of that order with | 17 |
| the sheriff or other law
enforcement officials charged with | 18 |
| maintaining Department of State Police
records or charged with | 19 |
| serving the order upon respondent.
If the order was issued in | 20 |
| accordance with subsection (c) of Section 217,
the clerk
shall | 21 |
| on the next court day, file a certified copy of the order with | 22 |
| the
Sheriff or other law enforcement officials charged with | 23 |
| maintaining Department
of State Police records.
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| (c) Service by sheriff. Unless respondent was present in |
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LRB096 03772 RLC 25289 a |
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| court when the
order was issued, the sheriff, other law | 2 |
| enforcement official or special
process server shall
promptly | 3 |
| serve that order upon respondent and file proof of such | 4 |
| service,
in the manner provided for service of process in civil | 5 |
| proceedings.
Instead of serving the order upon the respondent, | 6 |
| however, the sheriff, other
law enforcement official, or | 7 |
| special process server may serve the respondent
with a short | 8 |
| form notification as provided in Section 222.10.
If
process has | 9 |
| not yet been served upon the respondent, it shall be served
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| with the order or short form notification. A single fee may be | 11 |
| charged for
service of an order
obtained in civil court, or for | 12 |
| service of such an order together with
process, unless waived | 13 |
| or deferred under Section 210.
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| (c-5) If the person against whom the order of protection is | 15 |
| issued is
arrested and the written order is issued in | 16 |
| accordance with subsection (c) of
Section 217
and received by | 17 |
| the custodial law enforcement agency before the respondent or
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| arrestee is released from custody, the custodial law | 19 |
| enforcement agent shall
promptly serve the order upon the | 20 |
| respondent or arrestee before the
respondent or arrestee is | 21 |
| released from custody. In no event shall detention
of the | 22 |
| respondent or arrestee be extended for hearing on the petition | 23 |
| for order
of protection or receipt of the order issued under | 24 |
| Section 217 of this Act.
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| (d) Extensions, modifications and revocations. Any order | 26 |
| extending,
modifying or revoking any order of protection shall |
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LRB096 03772 RLC 25289 a |
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| be promptly recorded,
issued and served as provided in this | 2 |
| Section.
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| (e) Notice to schools. Upon the request of the petitioner, | 4 |
| within 24
hours of the issuance of an order of
protection, the | 5 |
| clerk of the issuing judge shall
send written notice of the | 6 |
| order of protection along with a certified copy of
the order of | 7 |
| protection to the day-care facility,
pre-school or | 8 |
| pre-kindergarten, or private school or the principal
office of | 9 |
| the public school district or any college or university in | 10 |
| which any child who
is a protected person under the order of | 11 |
| protection or any child
of
the
petitioner is enrolled as | 12 |
| requested by the petitioner at the mailing address provided by | 13 |
| the petitioner .
If the child transfers enrollment to another | 14 |
| day-care facility, pre-school,
pre-kindergarten,
private | 15 |
| school, public school, college, or university, the petitioner | 16 |
| may,
within 24 hours
of the transfer, send to the clerk written | 17 |
| notice of the transfer, including
the name and
address of the | 18 |
| institution to which the child is transferring.
Within 24 hours | 19 |
| of receipt of notice
from the petitioner that a child is | 20 |
| transferring to another day-care facility,
pre-school, | 21 |
| pre-kindergarten, private school, public school, college, or
| 22 |
| university, the clerk shall send written notice of the order of | 23 |
| protection,
along with a certified copy of the order , to the | 24 |
| institution to which the child
is
transferring.
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| (f) Disclosure by schools. After receiving a certified copy | 26 |
| of an order
of protection that prohibits a respondent's access |
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09600SB0145ham001 |
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LRB096 03772 RLC 25289 a |
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| 1 |
| to records, neither a
day-care facility, pre-school, | 2 |
| pre-kindergarten, public
or private school, college, or | 3 |
| university nor its employees shall allow a
respondent access to | 4 |
| a
protected child's records or release information in those | 5 |
| records to the
respondent. The school shall file
the copy of | 6 |
| the order of protection in the records of a child who
is a | 7 |
| protected person under the order of protection. When a child | 8 |
| who is a
protected person under the order of protection | 9 |
| transfers to another day-care
facility, pre-school, | 10 |
| pre-kindergarten, public or private school, college, or
| 11 |
| university, the institution from which the child is | 12 |
| transferring may, at the
request of the petitioner, provide,
| 13 |
| within 24 hours of the transfer, written notice of the order of | 14 |
| protection,
along with a certified copy of the order, to the | 15 |
| institution to which the child
is
transferring.
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| (g) Notice to health care facilities and health care | 17 |
| practitioners. Upon the request of the petitioner, the clerk of | 18 |
| the circuit court shall send a certified copy of the order of | 19 |
| protection to any specified health care facility or health care | 20 |
| practitioner requested by the petitioner at the mailing address | 21 |
| provided by the petitioner. | 22 |
| (h) Disclosure by health care facilities and health care | 23 |
| practitioners. After receiving a certified copy of an order of | 24 |
| protection that prohibits a respondent's access to records, no | 25 |
| health care facility or health care practitioner shall allow a | 26 |
| respondent access to the records of any child who is a |
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LRB096 03772 RLC 25289 a |
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| protected person under the order of protection, or release | 2 |
| information in those records to the respondent, unless the | 3 |
| order has expired or the respondent shows a certified copy of | 4 |
| the court order vacating the corresponding order of protection | 5 |
| that was sent to the health care facility or practitioner. | 6 |
| Nothing in this Section shall be construed to require health | 7 |
| care facilities or health care practitioners to alter | 8 |
| procedures related to billing and payment. The health care | 9 |
| facility or health care practitioner may file the copy of the | 10 |
| order of protection in the records of a child who is a | 11 |
| protected person under the order of protection, or may employ | 12 |
| any other method to identify the records to which a respondent | 13 |
| is prohibited access. No health care facility or health care | 14 |
| practitioner shall be civilly or professionally liable for | 15 |
| reliance on a copy of an order of protection, except for | 16 |
| willful and wanton misconduct. | 17 |
| (Source: P.A. 95-912, eff. 1-1-09.)".
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