Full Text of HB5922 97th General Assembly
HB5922ham001 97TH GENERAL ASSEMBLY | Rep. William Cunningham Filed: 3/27/2012
| | 09700HB5922ham001 | | LRB097 19477 AJO 67444 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5922
| 2 | | AMENDMENT NO. ______. Amend House Bill 5922 on page 4, by | 3 | | deleting line 6; and
| 4 | | on page 4, line 9, by deleting " stalking no contact "; and
| 5 | | on page 4, line 12, by deleting " stalking no contact "; and
| 6 | | on page 4, line 14, by deleting " stalking no contact "; and
| 7 | | on page 4, line 16, by deleting " stalking no contact "; and
| 8 | | on page 4, by replacing lines 23 and 24 with the following: | 9 | | " (e) The Attorney General shall make the short form | 10 | | notification form available to law enforcement agencies in "; | 11 | | and
| 12 | | on page 4, by inserting immediately below line 25 the |
| | | 09700HB5922ham001 | - 2 - | LRB097 19477 AJO 67444 a |
|
| 1 | | following: | 2 | | " (f) A single short form notification form may be used for | 3 | | orders of protection under the Illinois Domestic Violence Act | 4 | | of 1986, stalking no contact orders under this Act, and civil | 5 | | no contact orders under the Civil No Contact Order Act. "; and
| 6 | | on page 7, by deleting line 25; and
| 7 | | on page 8, line 3, by deleting " civil no contact "; and
| 8 | | on page 8, line 6, by deleting " civil no contact "; and
| 9 | | on page 8, line 8, by deleting " civil no contact "; and
| 10 | | on page 8, line 10, by deleting " civil no contact "; and
| 11 | | on page 8, by replacing lines 17 and 18 with the following: | 12 | | " (e) The Attorney General shall make the short form | 13 | | notification form available to law enforcement agencies in "; | 14 | | and
| 15 | | on page 8, by inserting immediately below line 19 the | 16 | | following: | 17 | | " (f) A single short form notification form may be used for | 18 | | orders of protection under the Illinois Domestic Violence Act | 19 | | of 1986, stalking no contact orders under the Stalking No |
| | | 09700HB5922ham001 | - 3 - | LRB097 19477 AJO 67444 a |
|
| 1 | | Contact Order Act, and civil no contact orders under this Act. | 2 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 3 | | amended by changing Section 222.10 as follows:
| 4 | | (750 ILCS 60/222.10)
| 5 | | Sec. 222.10. Short form notification.
| 6 | | (a) Instead of personal service of an order of protection | 7 | | under Section 222,
a sheriff, other law enforcement official, | 8 | | special process server, or personnel assigned by the Department | 9 | | of Corrections to investigate the alleged misconduct of | 10 | | committed persons or alleged violations of a parolee's or | 11 | | releasee's conditions of parole or mandatory supervised | 12 | | release may serve
a respondent with a short form notification. | 13 | | The short form notification must
include the following items:
| 14 | | (1) The respondent's name.
| 15 | | (2) The respondent's date of birth, if known.
| 16 | | (3) The petitioner's name.
| 17 | | (4) The names of other protected parties.
| 18 | | (5) The date and county in which the order of | 19 | | protection was filed.
| 20 | | (6) The court file number.
| 21 | | (7) The hearing date and time, if known.
| 22 | | (8) The conditions that apply to the respondent, either | 23 | | in checklist form
or handwritten.
| 24 | | (9) The name of the judge who signed the order.
|
| | | 09700HB5922ham001 | - 4 - | LRB097 19477 AJO 67444 a |
|
| 1 | | (b) The short form notification must contain the following | 2 | | notice in bold
print:
| 3 | | "The order of protection is now enforceable. You must | 4 | | report to the office of
the sheriff or the office of the | 5 | | circuit court in (name of county) County to
obtain a copy | 6 | | of the order of protection . You are subject to arrest and | 7 | | may be
charged with a misdemeanor or felony if you violate | 8 | | any of the terms of the
order of protection ."
| 9 | | (c) Upon verification of the identity of the respondent and | 10 | | the existence of
an unserved order of protection against the | 11 | | respondent, a sheriff or other law
enforcement official may | 12 | | detain the respondent for a reasonable time necessary
to | 13 | | complete and serve the short form notification.
| 14 | | (d) When service is made by short form notification under | 15 | | this Section, it
may be proved by the affidavit of the person | 16 | | making the service.
| 17 | | (e) The Attorney General shall make provide adequate copies | 18 | | of the short form
notification form available to law | 19 | | enforcement agencies in this State.
| 20 | | (f) A single short form notification form may be used for | 21 | | orders of protection under this Act, stalking no contact orders | 22 | | under the Stalking No Contact Order Act, and civil no contact | 23 | | orders under the Civil No Contact Order Act. | 24 | | (Source: P.A. 97-50, eff. 6-28-11.)".
|
|