Illinois General Assembly - Full Text of HB3396
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Full Text of HB3396  101st General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Sections 60 and 115 as follows:
6    (740 ILCS 21/60)
7    Sec. 60. Process.
8    (a) Any action for a stalking no contact order requires
9that a separate summons be issued and served. The summons shall
10be in the form prescribed by Supreme Court Rule 101(d), except
11that it shall require the respondent to answer or appear within
127 days. Attachments to the summons or notice shall include the
13petition for stalking no contact order and supporting
14affidavits, if any, and any emergency stalking no contact order
15that has been issued.
16    (b) The summons shall be served by the sheriff or other law
17enforcement officer at the earliest time and shall take
18precedence over other summonses except those of a similar
19emergency nature. Special process servers may be appointed at
20any time, and their designation shall not affect the
21responsibilities and authority of the sheriff or other official
22process servers.
23    (c) Service of process on a member of the respondent's



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1household or by publication shall be adequate if: (1) the
2petitioner has made all reasonable efforts to accomplish actual
3service of process personally upon the respondent, but the
4respondent cannot be found to effect such service; and (2) the
5petitioner files an affidavit or presents sworn testimony as to
6those efforts.
7    (d) A plenary stalking no contact order may be entered by
8default for the remedy sought in the petition, if the
9respondent has been served or given notice in accordance with
10subsection (a) and if the respondent then fails to appear as
11directed or fails to appear on any subsequent appearance or
12hearing date agreed to by the parties or set by the court.
13    (e) If an order is granted under subsection (c) of Section
1495, the court shall immediately file a certified copy of the
15order with the sheriff or other law enforcement official
16charged with maintaining Department of State Police records.
17(Source: P.A. 96-246, eff. 1-1-10.)
18    (740 ILCS 21/115)
19    Sec. 115. Notice of orders.
20    (a) Upon issuance of any stalking no contact order, the
21clerk shall immediately, or on the next court day if an
22emergency order is issued in accordance with subsection (c) of
23Section 95:
24        (1) enter the order on the record and file it in
25    accordance with the circuit court procedures; and



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1        (2) provide a file stamped copy of the order to the
2    respondent, if present, and to the petitioner.
3    (b) The clerk of the issuing judge shall, or the petitioner
4may, on the same day that a stalking no contact order is
5issued, file a certified copy of that order with the sheriff or
6other law enforcement officials charged with maintaining
7Department of State Police records or charged with serving the
8order upon the respondent. If the order was issued in
9accordance with subsection (c) of Section 95, the clerk shall,
10on the next court day, file a certified copy of the order with
11the sheriff or other law enforcement officials charged with
12maintaining Department of State Police records. If the
13respondent, at the time of the issuance of the order, is
14committed to the custody of the Illinois Department of
15Corrections or Illinois Department of Juvenile Justice or is on
16parole, aftercare release, or mandatory supervised release,
17the sheriff or other law enforcement officials charged with
18maintaining Department of State Police records shall notify the
19Department of Corrections or Department of Juvenile Justice
20within 48 hours of receipt of a copy of the stalking no contact
21order from the clerk of the issuing judge or the petitioner.
22Such notice shall include the name of the respondent, the
23respondent's IDOC inmate number or IDJJ youth identification
24number, the respondent's date of birth, and the LEADS Record
25Index Number.
26    (c) Unless the respondent was present in court when the



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1order was issued, the sheriff, other law enforcement official,
2or special process server shall promptly serve that order upon
3the respondent and file proof of such service in the manner
4provided for service of process in civil proceedings. Instead
5of serving the order upon the respondent, however, the sheriff,
6other law enforcement official, special process server, or
7other persons defined in Section 117 may serve the respondent
8with a short form notification as provided in Section 117. If
9process has not yet been served upon the respondent, it shall
10be served with the order or short form notification if such
11service is made by the sheriff, other law enforcement official,
12or special process server.
13    (d) If the person against whom the stalking no contact
14order is issued is arrested and the written order is issued in
15accordance with subsection (c) of Section 95 and received by
16the custodial law enforcement agency before the respondent or
17arrestee is released from custody, the custodial law
18enforcement agent shall promptly serve the order upon the
19respondent or arrestee before the respondent or arrestee is
20released from custody. In no event shall detention of the
21respondent or arrestee be extended for hearing on the petition
22for stalking no contact order or receipt of the order issued
23under Section 95 of this Act.
24    (e) Any order extending, modifying, or revoking any
25stalking no contact order shall be promptly recorded, issued,
26and served as provided in this Section.



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1    (f) Upon the request of the petitioner, within 24 hours of
2the issuance of a stalking no contact order, the clerk of the
3issuing judge shall send written notice of the order along with
4a certified copy of the order to any school, daycare, college,
5or university at which the petitioner is enrolled.
6(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
798-463, eff. 8-16-13; 98-558, eff. 1-1-14.)