Full Text of SB0899 101st General Assembly
SB0899sam001 101ST GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/5/2019
| | 10100SB0899sam001 | | LRB101 06317 SLF 59358 a |
|
| 1 | | AMENDMENT TO SENATE BILL 899
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 899 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Section | 6 | | 2605-375 as follows:
| 7 | | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| 8 | | Sec. 2605-375. Missing persons; Law Enforcement Agencies | 9 | | Data System
(LEADS).
| 10 | | (a) To establish and maintain a statewide Law Enforcement
| 11 | | Agencies Data System (LEADS) for the purpose of providing | 12 | | electronic access
by authorized entities to criminal justice | 13 | | data repositories and effecting an
immediate law enforcement | 14 | | response to reports of missing persons, including
lost, missing | 15 | | or runaway minors, lost or missing individuals with | 16 | | developmental or intellectual disabilities, and missing |
| | | 10100SB0899sam001 | - 2 - | LRB101 06317 SLF 59358 a |
|
| 1 | | endangered seniors. The Department shall implement an | 2 | | automatic
data exchange system to compile, to maintain, and to | 3 | | make available to
other law
enforcement agencies for immediate | 4 | | dissemination data that can
assist
appropriate agencies in | 5 | | recovering missing persons and provide access by
authorized | 6 | | entities to various data repositories available through LEADS | 7 | | for
criminal justice and related purposes. To assist the | 8 | | Department in
this effort, funds may be appropriated from the | 9 | | LEADS Maintenance Fund. Funds may be appropriated from the | 10 | | LEADS Maintenance Fund to the Department to finance any of its | 11 | | lawful purposes or functions in relation to defraying the | 12 | | expenses associated with establishing, maintaining, and | 13 | | supporting the issuance of electronic citations. Information | 14 | | required to be entered into the statewide Law Enforcement
| 15 | | Agencies Data System (LEADS) shall be electronically entered | 16 | | into the System upon receipt. Arrest information shall be | 17 | | electronically transmitted by the arresting agency to the | 18 | | Department immediately upon a person's arrest. Charge and | 19 | | dispositional information shall be electronically transmitted | 20 | | by the clerk of the court to the Department which shall | 21 | | immediately enter that information into the System upon | 22 | | receipt.
| 23 | | (b) In exercising its duties under this Section, the
| 24 | | Department shall provide a uniform reporting format (LEADS) for | 25 | | the entry of pertinent
information regarding the report of a | 26 | | missing person into LEADS. The report must include all of the |
| | | 10100SB0899sam001 | - 3 - | LRB101 06317 SLF 59358 a |
|
| 1 | | following:
| 2 | | (1) Relevant information obtained from the | 3 | | notification concerning the missing person, including all | 4 | | of the following: | 5 | | (A) a physical description of the missing person; | 6 | | (B) the date, time, and place that the missing | 7 | | person was last seen; and | 8 | | (C) the missing person's address. | 9 | | (2) Information gathered by a preliminary | 10 | | investigation, if one was made. | 11 | | (3) A statement by the law enforcement officer in | 12 | | charge stating the officer's assessment of the case based | 13 | | on the evidence and information received. | 14 | | (b-5) The Department of State Police shall: | 15 | | (1) Develop and implement a policy whereby a statewide | 16 | | or regional alert
would be used in situations relating to | 17 | | the disappearances of individuals,
based on criteria and in | 18 | | a format established by the Department. Such a
format shall | 19 | | include, but not be limited to, the age of the missing | 20 | | person
and the suspected circumstance of the | 21 | | disappearance.
| 22 | | (2) Notify all law enforcement agencies that reports of | 23 | | missing persons
shall be entered as soon as the minimum | 24 | | level of data specified by the
Department is available to | 25 | | the reporting agency and that no waiting period
for the | 26 | | entry of the data exists.
|
| | | 10100SB0899sam001 | - 4 - | LRB101 06317 SLF 59358 a |
|
| 1 | | (3) Compile and retain information regarding lost, | 2 | | abducted, missing,
or
runaway minors in a separate data | 3 | | file, in a manner that allows that
information to be used | 4 | | by law enforcement and other agencies deemed
appropriate by | 5 | | the Director, for investigative purposes. The
information
| 6 | | shall include the disposition of all reported lost, | 7 | | abducted, missing, or
runaway minor cases.
| 8 | | (4) Compile and maintain an historic data repository | 9 | | relating to lost,
abducted, missing, or runaway minors and | 10 | | other missing persons, including, but not limited to, lost | 11 | | or missing individuals with developmental or intellectual | 12 | | disabilities and missing endangered seniors, in order to
| 13 | | develop and improve techniques utilized by law enforcement | 14 | | agencies when
responding to reports of missing persons.
| 15 | | (5) Create a quality control program regarding | 16 | | confirmation of missing
person data, timeliness of entries | 17 | | of missing person reports into LEADS,
and
performance | 18 | | audits of all entering agencies.
| 19 | | (c) The Illinois Law Enforcement Training Standards Board | 20 | | shall conduct a training program for law enforcement personnel | 21 | | of local governmental agencies in the Missing Persons | 22 | | Identification Act.
| 23 | | (d) The Department of State Police shall perform the duties | 24 | | prescribed in the Missing Persons Identification Act, subject | 25 | | to appropriation.
| 26 | | (Source: P.A. 100-662, eff. 1-1-19 .)
|
| | | 10100SB0899sam001 | - 5 - | LRB101 06317 SLF 59358 a |
|
| 1 | | Section 10. The Firearms Restraining Order Act is amended | 2 | | by changing Sections 50 and 55 as follows: | 3 | | (430 ILCS 67/50)
| 4 | | Sec. 50. Notice of orders.
| 5 | | (a) Entry and issuance. Upon issuance of any firearms | 6 | | restraining order, the clerk shall immediately : , or on the next | 7 | | court day if an emergency firearms restraining order is issued | 8 | | in accordance with Section 35 of this Act (emergency firearms | 9 | | restraining order), (i) enter the order on the record and file | 10 | | it in accordance with the circuit court procedures and (ii) | 11 | | provide a file stamped copy of the order to the respondent, if | 12 | | present, and to the petitioner.
| 13 | | (b) Filing with sheriff. The clerk of the issuing judge | 14 | | shall, or the petitioner may, immediately electronically | 15 | | transmit, when on the same day that a firearms restraining | 16 | | order is issued, file a certified copy of that order with the | 17 | | sheriff or other law enforcement officials charged with | 18 | | maintaining Department of State Police records or charged with | 19 | | serving the order upon the respondent. If the order was issued | 20 | | in accordance with Section 35 of this Act (emergency firearms | 21 | | restraining order), the clerk shall immediately electronically | 22 | | transmit on the next court day, file a certified copy of the | 23 | | order to with the sheriff or other law enforcement officials | 24 | | charged with maintaining Department of State Police records , |
| | | 10100SB0899sam001 | - 6 - | LRB101 06317 SLF 59358 a |
|
| 1 | | which shall immediately enter the order into the Law | 2 | | Enforcement
Agencies Data System .
| 3 | | (c) Service by sheriff. Unless the respondent was present | 4 | | in court when the order was issued, the sheriff or other law | 5 | | enforcement official shall promptly serve that order upon the | 6 | | respondent and file proof of the service, in the manner | 7 | | provided for service of process in civil proceedings. Instead | 8 | | of serving the order upon the respondent, however, the sheriff, | 9 | | other law enforcement official, or other persons defined in | 10 | | Section 112A-22.10 of the Code of Criminal Procedure Criminal | 11 | | Code of 1963 may serve the respondent with a short form | 12 | | notification as provided in that Section. If process has not | 13 | | yet been served upon the respondent, it shall be served with | 14 | | the order or short form notification if the service is made by | 15 | | the sheriff, or other law enforcement official. | 16 | | (d) Any order renewing or terminating any firearms | 17 | | restraining order shall be promptly recorded, issued, and | 18 | | served as provided in this Section.
| 19 | | (Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.) | 20 | | (430 ILCS 67/55)
| 21 | | Sec. 55. Data maintenance by law enforcement agencies.
| 22 | | (a) All sheriffs shall furnish to the Department of State | 23 | | Police, daily, in the form and detail the Department requires, | 24 | | copies of any recorded firearms restraining orders order issued | 25 | | by the court, and any foreign orders of protection filed by the |
| | | 10100SB0899sam001 | - 7 - | LRB101 06317 SLF 59358 a |
|
| 1 | | clerk of the court, and transmitted to the sheriff by the clerk | 2 | | of the court under Section 50. Each firearms restraining order | 3 | | shall be immediately entered in the Law Enforcement Agencies | 4 | | Data System (LEADS) electronically when on the same day it is | 5 | | issued by the court. If an emergency firearms restraining order | 6 | | was issued in accordance with Section 35 of this Act, the order | 7 | | shall be immediately entered in the Law Enforcement Agencies | 8 | | Data System (LEADS) as soon as possible after receipt from the | 9 | | clerk. | 10 | | (b) The Department of State Police shall maintain a | 11 | | complete and systematic record and index of all valid and | 12 | | recorded firearms restraining orders issued or filed under this | 13 | | Act. The data shall be used to inform all dispatchers and law | 14 | | enforcement officers at the scene of a violation of a firearms | 15 | | restraining order of the effective dates and terms of any | 16 | | recorded order of protection.
| 17 | | (c) The data, records , and transmittals required under this | 18 | | Section shall pertain to any valid emergency or 6-month | 19 | | firearms restraining order, whether issued in a civil or | 20 | | criminal proceeding or authorized under the laws of another | 21 | | state, tribe, or United States territory.
| 22 | | (Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.) | 23 | | Section 15. The Code of Criminal Procedure of 1963 is | 24 | | amended by changing Section 112A-28 as follows:
|
| | | 10100SB0899sam001 | - 8 - | LRB101 06317 SLF 59358 a |
|
| 1 | | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| 2 | | Sec. 112A-28. Data maintenance by law enforcement | 3 | | agencies.
| 4 | | (a) All sheriffs shall furnish to the Department of State | 5 | | Police, daily, in
the form and detail the Department requires, | 6 | | copies of any recorded protective orders issued by the court, | 7 | | and any foreign protective orders filed by
the clerk of the | 8 | | court, and transmitted to the sheriff by the clerk of the
| 9 | | court. Each protective order shall be immediately entered in | 10 | | the Law Enforcement Agencies
Data System electronically when on | 11 | | the same day it is issued by the court.
| 12 | | (b) The Department of State Police shall maintain a | 13 | | complete and systematic
record and index of all valid and | 14 | | recorded protective orders issued or
filed under this Act. The | 15 | | data shall be used to inform all dispatchers
and law | 16 | | enforcement officers at the scene of an alleged incident of | 17 | | abuse or
violation of a protective order of any recorded prior | 18 | | incident of abuse
involving the abused party and the effective | 19 | | dates and terms of any recorded
protective order.
| 20 | | (c) The data, records and transmittals required under this | 21 | | Section shall
pertain to: | 22 | | (1) any valid emergency, interim or plenary domestic | 23 | | violence order of protection, civil no contact or stalking | 24 | | no contact order
issued in a civil proceeding; and | 25 | | (2) any valid ex parte or final protective order issued | 26 | | in a criminal proceeding or authorized under the laws
of |
| | | 10100SB0899sam001 | - 9 - | LRB101 06317 SLF 59358 a |
|
| 1 | | another state, tribe, or United States territory.
| 2 | | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| 3 | | Section 20. The Stalking No Contact Order Act is amended by | 4 | | changing Sections 95 and 115 as follows: | 5 | | (740 ILCS 21/95)
| 6 | | Sec. 95. Emergency stalking no contact order. | 7 | | (a) An emergency stalking no contact order shall issue if | 8 | | the petitioner satisfies the requirements of this subsection | 9 | | (a). The petitioner shall establish that: | 10 | | (1) the court has jurisdiction under Section 50; | 11 | | (2) the requirements of Section 80 are satisfied; and | 12 | | (3) there is good cause to grant the remedy, regardless | 13 | | of prior service of process or of notice upon the | 14 | | respondent, because the harm which that remedy is intended | 15 | | to prevent would be likely to occur if the respondent were | 16 | | given any prior notice, or greater notice than was actually | 17 | | given, of the petitioner's efforts to obtain judicial | 18 | | relief. | 19 | | An emergency stalking no contact order shall be issued by | 20 | | the court if it appears from the contents of the petition and | 21 | | the examination of the petitioner that the averments are | 22 | | sufficient to indicate stalking by the respondent and to | 23 | | support the granting of relief under the issuance of the | 24 | | stalking no contact order. |
| | | 10100SB0899sam001 | - 10 - | LRB101 06317 SLF 59358 a |
|
| 1 | | An emergency stalking no contact order shall be issued if | 2 | | the court finds that items (1), (2), and (3) of this subsection | 3 | | (a) are met. | 4 | | (b) If the respondent appears in court for this hearing for | 5 | | an emergency order, he or she may elect to file a general | 6 | | appearance and testify. Any resulting order may be an emergency | 7 | | order, governed by this Section. Notwithstanding the | 8 | | requirements of this Section, if all requirements of Section | 9 | | 100 have been met, the court may issue a plenary order. | 10 | | (c) Emergency orders; court holidays and evenings. | 11 | | (1) When the court is unavailable at the close of | 12 | | business, the petitioner may file a petition for a 21-day | 13 | | emergency order before any available circuit judge or | 14 | | associate judge who may grant relief under this Act. If the | 15 | | judge finds that there is an immediate and present danger | 16 | | of abuse against the petitioner and that the petitioner has | 17 | | satisfied the prerequisites set forth in subsection (a), | 18 | | that judge may issue an emergency stalking no contact | 19 | | order. | 20 | | (2) The chief judge of the circuit court may designate | 21 | | for each county in the circuit at least one judge to be | 22 | | reasonably available to issue orally, by telephone, by | 23 | | facsimile, or otherwise, an emergency stalking no contact | 24 | | order at all times, whether or not the court is in session. | 25 | | (3) Any order issued under this Section and any | 26 | | documentation in support of the order shall be certified |
| | | 10100SB0899sam001 | - 11 - | LRB101 06317 SLF 59358 a |
|
| 1 | | immediately on the next court day to the appropriate court. | 2 | | The clerk of that court shall immediately assign a case | 3 | | number, file the petition, order, and other documents with | 4 | | the court, and enter the order of record and file it with | 5 | | the sheriff for service, in accordance with Section 60. | 6 | | Filing the petition shall commence proceedings for further | 7 | | relief under Section 20. Failure to comply with the | 8 | | requirements of this paragraph (3) does not affect the | 9 | | validity of the order.
| 10 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 11 | | (740 ILCS 21/115)
| 12 | | Sec. 115. Notice of orders. | 13 | | (a) Upon issuance of any stalking no contact order, the | 14 | | clerk shall immediately , or on the next court day if an | 15 | | emergency order is issued in accordance with subsection (c) of | 16 | | Section 95 : | 17 | | (1) enter the order on the record and file it in | 18 | | accordance with the circuit court procedures; and | 19 | | (2) provide a file stamped copy of the order to the | 20 | | respondent, if present, and to the petitioner. | 21 | | (b) The clerk of the issuing judge shall, or the petitioner | 22 | | may, immediately, when on the same day that a stalking no | 23 | | contact order is issued, electronically transmit file a | 24 | | certified copy of that order to with the sheriff or other law | 25 | | enforcement officials charged with maintaining Department of |
| | | 10100SB0899sam001 | - 12 - | LRB101 06317 SLF 59358 a |
|
| 1 | | State Police records or charged with serving the order upon the | 2 | | respondent , which shall immediately enter the order into the | 3 | | Law Enforcement
Agencies Data System . If the order was issued | 4 | | in accordance with subsection (c) of Section 95, the clerk | 5 | | shall, on the next court day, file a certified copy of the | 6 | | order with the sheriff or other law enforcement officials | 7 | | charged with maintaining Department of State Police records. If | 8 | | the respondent, at the time of the issuance of the order, is | 9 | | committed to the custody of the Illinois Department of | 10 | | Corrections or Illinois Department of Juvenile Justice or is on | 11 | | parole, aftercare release, or mandatory supervised release, | 12 | | the sheriff or other law enforcement officials charged with | 13 | | maintaining Department of State Police records shall notify the | 14 | | Department of Corrections or Department of Juvenile Justice | 15 | | within 48 hours of receipt of a copy of the stalking no contact | 16 | | order from the clerk of the issuing judge or the petitioner. | 17 | | Such notice shall include the name of the respondent, the | 18 | | respondent's IDOC inmate number or IDJJ youth identification | 19 | | number, the respondent's date of birth, and the LEADS Record | 20 | | Index Number. | 21 | | (c) Unless the respondent was present in court when the | 22 | | order was issued, the sheriff, other law enforcement official, | 23 | | or special process server shall promptly serve that order upon | 24 | | the respondent and file proof of such service in the manner | 25 | | provided for service of process in civil proceedings. Instead | 26 | | of serving the order upon the respondent, however, the sheriff, |
| | | 10100SB0899sam001 | - 13 - | LRB101 06317 SLF 59358 a |
|
| 1 | | other law enforcement official, special process server, or | 2 | | other persons defined in Section 117 may serve the respondent | 3 | | with a short form notification as provided in Section 117. If | 4 | | process has not yet been served upon the respondent, it shall | 5 | | be served with the order or short form notification if such | 6 | | service is made by the sheriff, other law enforcement official, | 7 | | or special process server. | 8 | | (d) If the person against whom the stalking no contact | 9 | | order is issued is arrested and the written order is issued in | 10 | | accordance with subsection (c) of Section 95 and received by | 11 | | the custodial law enforcement agency before the respondent or | 12 | | arrestee is released from custody, the custodial law | 13 | | enforcement agent shall promptly serve the order upon the | 14 | | respondent or arrestee before the respondent or arrestee is | 15 | | released from custody. In no event shall detention of the | 16 | | respondent or arrestee be extended for hearing on the petition | 17 | | for stalking no contact order or receipt of the order issued | 18 | | under Section 95 of this Act. | 19 | | (e) Any order extending, modifying, or revoking any | 20 | | stalking no contact order shall be promptly recorded, issued, | 21 | | and served as provided in this Section. | 22 | | (f) Upon the request of the petitioner, within 24 hours of | 23 | | the issuance of a stalking no contact order, the clerk of the | 24 | | issuing judge shall send written notice of the order along with | 25 | | a certified copy of the order to any school, daycare, college, | 26 | | or university at which the petitioner is enrolled.
|
| | | 10100SB0899sam001 | - 14 - | LRB101 06317 SLF 59358 a |
|
| 1 | | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | 2 | | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.) | 3 | | Section 25. The Civil No Contact Order Act is amended by | 4 | | changing Sections 214 and 218 as follows:
| 5 | | (740 ILCS 22/214)
| 6 | | Sec. 214. Emergency civil no contact order.
| 7 | | (a) An emergency civil no contact order shall issue if
the | 8 | | petitioner satisfies the requirements of this subsection (a). | 9 | | The
petitioner
shall establish that:
| 10 | | (1) the court has jurisdiction under Section 206;
| 11 | | (2) the requirements of Section 213 are satisfied; and
| 12 | | (3) there is good cause to grant the remedy, regardless | 13 | | of
prior service of process or of notice upon the | 14 | | respondent, because
the harm which that remedy is intended | 15 | | to
prevent would be likely to occur if the respondent were | 16 | | given
any prior notice, or greater notice than was actually | 17 | | given, of
the petitioner's efforts to obtain judicial | 18 | | relief.
| 19 | | An emergency civil no contact order shall be issued by the | 20 | | court if it appears from the contents of the petition and the | 21 | | examination of the petitioner that the averments are sufficient | 22 | | to indicate nonconsensual sexual conduct or nonconsensual | 23 | | sexual penetration by the respondent and to support the | 24 | | granting of relief under the issuance of the civil no contact |
| | | 10100SB0899sam001 | - 15 - | LRB101 06317 SLF 59358 a |
|
| 1 | | order.
| 2 | | An emergency civil no contact order shall be issued if the | 3 | | court finds that subsections (1), (2), and (3) above are met.
| 4 | | (b) If the respondent appears in court for
this hearing for | 5 | | an emergency order, he or she may elect to file a
general | 6 | | appearance and testify. Any resulting order may be an emergency
| 7 | | order, governed by this Section. Notwithstanding the | 8 | | requirements of
this Section, if all requirements of Section | 9 | | 215 have been met, the
court may issue a plenary order.
| 10 | | (c) Emergency orders; court holidays and evenings.
| 11 | | (1) When the court is unavailable at the close
of | 12 | | business, the petitioner may file a petition for a 21-day
| 13 | | emergency order before any available circuit judge or | 14 | | associate
judge who may grant relief under this Act. If the | 15 | | judge finds that
there is an immediate and present danger | 16 | | of
abuse against the petitioner and
that the petitioner has | 17 | | satisfied the prerequisites set forth in
subsection (a), | 18 | | that judge may issue an emergency
civil no contact order.
| 19 | | (2) The chief judge of the circuit court
may designate | 20 | | for each county in the circuit at least one judge to
be | 21 | | reasonably available to issue orally, by telephone, by | 22 | | facsimile,
or otherwise, an emergency civil no contact | 23 | | order at all times, whether
or not the court is in session.
| 24 | | (3) Any order issued under this
Section and any | 25 | | documentation in support of the order shall be certified | 26 | | immediately
on the next court day to the appropriate court. |
| | | 10100SB0899sam001 | - 16 - | LRB101 06317 SLF 59358 a |
|
| 1 | | The clerk of that
court shall immediately assign a case | 2 | | number, file the petition,
order, and other documents with | 3 | | the court, and enter the order of
record and file it with | 4 | | the sheriff for service, in accordance with
Section 222. | 5 | | Filing the petition shall commence proceedings for
further | 6 | | relief under Section 202. Failure to comply with the
| 7 | | requirements of this paragraph (3) does not affect the | 8 | | validity of the
order.
| 9 | | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; 94-360, | 10 | | eff. 1-1-06.)
| 11 | | (740 ILCS 22/218)
| 12 | | Sec. 218. Notice of orders.
| 13 | | (a) Upon issuance of any civil no contact order, the clerk | 14 | | shall
immediately , or on the next court day if an emergency | 15 | | order is issued in
accordance with subsection (c) of Section | 16 | | 214 :
| 17 | | (1) enter the order on the record and file it in | 18 | | accordance with the
circuit court procedures; and
| 19 | | (2) provide a file stamped copy of the order to the | 20 | | respondent, if
present, and to the petitioner.
| 21 | | (b) The clerk of the issuing judge shall, or the petitioner | 22 | | may, immediately, when on the
same day that a civil no contact | 23 | | order is issued, electronically transmit file a certified copy | 24 | | of that
order to with the sheriff or other law enforcement | 25 | | officials charged with
maintaining Department of State Police |
| | | 10100SB0899sam001 | - 17 - | LRB101 06317 SLF 59358 a |
|
| 1 | | records or charged with serving the
order upon the respondent , | 2 | | which shall immediately enter the order into the Law | 3 | | Enforcement
Agencies Data System . If the order was issued in | 4 | | accordance with
subsection (c) of Section 214, the clerk shall, | 5 | | on the next court day, file a
certified copy of the order with | 6 | | the Sheriff or other law enforcement officials
charged with | 7 | | maintaining Department of State Police records. If the | 8 | | respondent, at the time of the issuance of the order, is | 9 | | committed to the custody of the Illinois Department of | 10 | | Corrections or Illinois Department of Juvenile Justice, or is | 11 | | on parole, aftercare release, or mandatory supervised release, | 12 | | the sheriff or other law enforcement officials charged with | 13 | | maintaining Department of State Police records shall notify the | 14 | | Department of Corrections or Department of Juvenile Justice | 15 | | within 48 hours of receipt of a copy of the civil no contact | 16 | | order from the clerk of the issuing judge or the petitioner. | 17 | | Such notice shall include the name of the respondent, the | 18 | | respondent's IDOC inmate number or IDJJ youth identification | 19 | | number, the respondent's date of birth, and the LEADS Record | 20 | | Index Number.
| 21 | | (c) Unless the respondent was present in court when the | 22 | | order was
issued, the sheriff, other law enforcement official, | 23 | | or special process server
shall promptly serve that order upon | 24 | | the respondent and file proof of such
service in the manner | 25 | | provided for service of process in civil proceedings. Instead | 26 | | of serving the order upon the respondent, however, the sheriff, |
| | | 10100SB0899sam001 | - 18 - | LRB101 06317 SLF 59358 a |
|
| 1 | | other law enforcement official, special process server, or | 2 | | other persons defined in Section 218.1 may serve the respondent | 3 | | with a short form notification as provided in Section 218.1. If
| 4 | | process has not yet been served upon the respondent, it shall | 5 | | be served with
the order or short form notification if such | 6 | | service is made by the sheriff, other law enforcement official, | 7 | | or special process server.
| 8 | | (d) If the person against whom the civil no contact order | 9 | | is issued is
arrested and the written order is issued in | 10 | | accordance with subsection (c) of
Section 214 and received by | 11 | | the custodial law enforcement agency before
the respondent or | 12 | | arrestee is released from custody, the custodial law
| 13 | | enforcement agent shall promptly serve the order upon the | 14 | | respondent or
arrestee before the respondent or arrestee is | 15 | | released from custody. In no
event shall detention of the | 16 | | respondent or arrestee be extended for hearing
on the petition | 17 | | for civil no contact order or receipt of the order issued under
| 18 | | Section 214 of this Act.
| 19 | | (e) Any order extending, modifying, or revoking any civil | 20 | | no contact
order shall be promptly recorded, issued, and served | 21 | | as provided in this
Section.
| 22 | | (f) Upon the request of the
petitioner, within 24 hours of | 23 | | the issuance of a civil no contact order, the
clerk of the | 24 | | issuing judge shall
send written notice of the order along with
| 25 | | a certified copy of the order to any school, college, or | 26 | | university at which
the
petitioner is enrolled.
|
| | | 10100SB0899sam001 | - 19 - | LRB101 06317 SLF 59358 a |
|
| 1 | | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | 2 | | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
| 3 | | Section 30. The Illinois Domestic Violence Act of 1986 is | 4 | | amended by changing Sections 217, 222, and 302 as follows:
| 5 | | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| 6 | | Sec. 217. Emergency order of protection.
| 7 | | (a) Prerequisites. An emergency order of protection shall | 8 | | issue if
petitioner satisfies the requirements of this | 9 | | subsection for one or more of the
requested remedies. For each | 10 | | remedy requested, petitioner shall establish
that:
| 11 | | (1) The court has jurisdiction under Section 208;
| 12 | | (2) The requirements of Section 214 are satisfied; and
| 13 | | (3) There is good cause to grant the remedy, regardless | 14 | | of prior service
of process or of notice upon the | 15 | | respondent, because:
| 16 | | (i) For
the remedies of "prohibition of abuse" | 17 | | described in
Section 214(b)(1), "stay away order and | 18 | | additional prohibitions" described in
Section
| 19 | | 214(b)(3), "removal or concealment of minor child" | 20 | | described in Section
214(b)(8), "order to appear" | 21 | | described in Section 214(b)(9), "physical
care and | 22 | | possession of the minor child" described in Section | 23 | | 214(b)(5),
"protection of property" described in | 24 | | Section 214(b)(11), "prohibition
of entry" described |
| | | 10100SB0899sam001 | - 20 - | LRB101 06317 SLF 59358 a |
|
| 1 | | in Section 214(b)(14), "prohibition of firearm | 2 | | possession" described in Section 214(b)(14.5), | 3 | | "prohibition of access to
records" described in | 4 | | Section 214(b)(15), and "injunctive relief"
described | 5 | | in Section 214(b)(16), the harm which that remedy
is | 6 | | intended to prevent would be likely to occur if the | 7 | | respondent were given
any prior notice, or greater | 8 | | notice than was actually given, of the
petitioner's | 9 | | efforts to obtain judicial relief;
| 10 | | (ii) For the remedy of "grant of exclusive | 11 | | possession of
residence" described in Section | 12 | | 214(b)(2), the immediate danger of further
abuse of | 13 | | petitioner by respondent,
if petitioner chooses or had | 14 | | chosen to remain in the residence or household
while | 15 | | respondent was given any prior notice or greater notice | 16 | | than was
actually given of petitioner's efforts to | 17 | | obtain judicial relief,
outweighs the hardships to | 18 | | respondent of an emergency order
granting petitioner | 19 | | exclusive possession of the residence or household.
| 20 | | This remedy shall not be denied because petitioner has | 21 | | or could obtain
temporary shelter elsewhere while | 22 | | prior notice is given to respondent, unless
the
| 23 | | hardships to respondent from exclusion from the home | 24 | | substantially outweigh
those to petitioner;
| 25 | | (iii) For the remedy of "possession of personal | 26 | | property"
described in
Section 214(b)(10), improper |
| | | 10100SB0899sam001 | - 21 - | LRB101 06317 SLF 59358 a |
|
| 1 | | disposition of the personal
property would be likely
to | 2 | | occur if respondent were given any prior notice, or | 3 | | greater notice than
was actually given, of | 4 | | petitioner's efforts to obtain judicial relief, or
| 5 | | petitioner has an immediate and pressing need for | 6 | | possession of that property.
| 7 | | An emergency order may not include the counseling, legal | 8 | | custody, payment
of support or monetary compensation remedies.
| 9 | | (b) Appearance by respondent.
If respondent appears in | 10 | | court for this hearing for an emergency order,
he or she may | 11 | | elect to file a general appearance and testify.
Any resulting | 12 | | order may be an emergency order, governed
by this Section.
| 13 | | Notwithstanding the requirements of this Section, if all | 14 | | requirements of
Section 218 have been met, the court may issue | 15 | | a 30-day interim order.
| 16 | | (c) Emergency orders: court holidays and evenings.
| 17 | | (1) Prerequisites. When the court is unavailable at the | 18 | | close of
business, the petitioner may file a petition for a | 19 | | 21-day emergency order
before any available circuit judge | 20 | | or associate judge who may grant relief
under this Act. If | 21 | | the judge finds that there is an immediate and present
| 22 | | danger of abuse to petitioner and that petitioner has | 23 | | satisfied the
prerequisites set forth in subsection (a) of | 24 | | Section 217, that judge may
issue an emergency order of | 25 | | protection.
| 26 | | (1.5) Issuance of order. The chief judge of the circuit |
| | | 10100SB0899sam001 | - 22 - | LRB101 06317 SLF 59358 a |
|
| 1 | | court
may designate for each county in the circuit at least | 2 | | one judge to be
reasonably available to
issue orally, by | 3 | | telephone, by facsimile, or otherwise, an emergency
order | 4 | | of protection at all times, whether or not the court is in | 5 | | session.
| 6 | | (2) Certification and transfer. The judge who issued | 7 | | the order under this Section shall promptly communicate or | 8 | | convey the order to the sheriff to immediately, upon | 9 | | issuance, facilitate the entry of the order into the Law | 10 | | Enforcement Agencies Data System by the Department of State | 11 | | Police pursuant to Section 302. Any order issued under this | 12 | | Section and
any documentation in support thereof shall be | 13 | | certified immediately, upon issuance, on the next court
day | 14 | | to the appropriate court. The clerk of that court shall | 15 | | immediately
assign a case number, file the petition, order | 16 | | and other documents with the
court, and enter the order of | 17 | | record and file it with the sheriff for
service, in | 18 | | accordance with Section 222. Filing the petition
shall | 19 | | commence proceedings for further relief under Section 202.
| 20 | | Failure to comply with the requirements of this subsection | 21 | | shall not
affect the validity of the order.
| 22 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
| 23 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| 24 | | Sec. 222. Notice of orders.
| 25 | | (a) Entry and issuance. Upon issuance of any order of |
| | | 10100SB0899sam001 | - 23 - | LRB101 06317 SLF 59358 a |
|
| 1 | | protection, the
clerk shall immediately , or on the next court | 2 | | day if an emergency order is
issued in accordance with | 3 | | subsection (c) of Section 217,
(i) enter the order on the | 4 | | record and file it
in accordance with the circuit court | 5 | | procedures and (ii) provide a file stamped
copy of the order to | 6 | | respondent, if
present, and to petitioner.
| 7 | | (b) Filing with sheriff. The clerk of the issuing judge | 8 | | shall, or
the petitioner may, immediately, when on the same day | 9 | | that an order of protection is
issued, electronically transmit | 10 | | file a certified copy of that order with the sheriff or other | 11 | | law
enforcement officials charged with maintaining Department | 12 | | of State Police
records or charged with serving the order upon | 13 | | respondent.
If the order was issued in accordance with | 14 | | subsection (c) of Section 217,
the clerk
shall immediately | 15 | | electronically transmit on the next court day, file a certified | 16 | | copy of the order to with the
Sheriff or other law enforcement | 17 | | officials charged with maintaining Department
of State Police | 18 | | records which shall immediately enter the order into the Law | 19 | | Enforcement Agencies
Data System . If the respondent, at the | 20 | | time of the issuance of the order, is committed to the custody | 21 | | of the Illinois Department of Corrections or Illinois | 22 | | Department of Juvenile Justice or is on parole, aftercare | 23 | | release, or mandatory supervised release, the sheriff or other | 24 | | law enforcement officials charged with maintaining Department | 25 | | of State Police records shall notify the Department of | 26 | | Corrections or Department of Juvenile Justice within 48 hours |
| | | 10100SB0899sam001 | - 24 - | LRB101 06317 SLF 59358 a |
|
| 1 | | of receipt of a copy of the order of protection from the clerk | 2 | | of the issuing judge or the petitioner. Such notice shall | 3 | | include the name of the respondent, the respondent's IDOC | 4 | | inmate number or IDJJ youth identification number, the | 5 | | respondent's date of birth, and the LEADS Record Index Number.
| 6 | | (c) Service by sheriff. Unless respondent was present in | 7 | | court when the
order was issued, the sheriff, other law | 8 | | enforcement official or special
process server shall
promptly | 9 | | serve that order upon respondent and file proof of such | 10 | | service,
in the manner provided for service of process in civil | 11 | | proceedings.
Instead of serving the order upon the respondent, | 12 | | however, the sheriff, other
law enforcement official, special | 13 | | process server, or other persons defined in Section 222.10 may | 14 | | serve the respondent
with a short form notification as provided | 15 | | in Section 222.10.
If
process has not yet been served upon the | 16 | | respondent, it shall be served
with the order or short form | 17 | | notification if such service is made by the sheriff, other law | 18 | | enforcement official, or special process server. A single fee | 19 | | may be charged for
service of an order
obtained in civil court, | 20 | | or for service of such an order together with
process, unless | 21 | | waived or deferred under Section 210.
| 22 | | (c-5) If the person against whom the order of protection is | 23 | | issued is
arrested and the written order is issued in | 24 | | accordance with subsection (c) of
Section 217
and received by | 25 | | the custodial law enforcement agency before the respondent or
| 26 | | arrestee is released from custody, the custodial law |
| | | 10100SB0899sam001 | - 25 - | LRB101 06317 SLF 59358 a |
|
| 1 | | enforcement agent shall
promptly serve the order upon the | 2 | | respondent or arrestee before the
respondent or arrestee is | 3 | | released from custody. In no event shall detention
of the | 4 | | respondent or arrestee be extended for hearing on the petition | 5 | | for order
of protection or receipt of the order issued under | 6 | | Section 217 of this Act.
| 7 | | (d) Extensions, modifications and revocations. Any order | 8 | | extending,
modifying or revoking any order of protection shall | 9 | | be promptly recorded,
issued and served as provided in this | 10 | | Section.
| 11 | | (e) Notice to schools. Upon the request of the petitioner, | 12 | | within 24
hours of the issuance of an order of
protection, the | 13 | | clerk of the issuing judge shall
send a certified copy of
the | 14 | | order of protection to the day-care facility,
pre-school or | 15 | | pre-kindergarten, or private school or the principal
office of | 16 | | the public school district or any college or university in | 17 | | which any child who
is a protected person under the order of | 18 | | protection or any child
of
the
petitioner is enrolled as | 19 | | requested by the petitioner at the mailing address provided by | 20 | | the petitioner.
If the child transfers enrollment to another | 21 | | day-care facility, pre-school,
pre-kindergarten,
private | 22 | | school, public school, college, or university, the petitioner | 23 | | may,
within 24 hours
of the transfer, send to the clerk written | 24 | | notice of the transfer, including
the name and
address of the | 25 | | institution to which the child is transferring.
Within 24 hours | 26 | | of receipt of notice
from the petitioner that a child is |
| | | 10100SB0899sam001 | - 26 - | LRB101 06317 SLF 59358 a |
|
| 1 | | transferring to another day-care facility,
pre-school, | 2 | | pre-kindergarten, private school, public school, college, or
| 3 | | university, the clerk shall send a certified copy of the order | 4 | | to the institution to which the child
is
transferring.
| 5 | | (f) Disclosure by schools. After receiving a certified copy | 6 | | of an order
of protection that prohibits a respondent's access | 7 | | to records, neither a
day-care facility, pre-school, | 8 | | pre-kindergarten, public
or private school, college, or | 9 | | university nor its employees shall allow a
respondent access to | 10 | | a
protected child's records or release information in those | 11 | | records to the
respondent. The school shall file
the copy of | 12 | | the order of protection in the records of a child who
is a | 13 | | protected person under the order of protection. When a child | 14 | | who is a
protected person under the order of protection | 15 | | transfers to another day-care
facility, pre-school, | 16 | | pre-kindergarten, public or private school, college, or
| 17 | | university, the institution from which the child is | 18 | | transferring may, at the
request of the petitioner, provide,
| 19 | | within 24 hours of the transfer, written notice of the order of | 20 | | protection,
along with a certified copy of the order, to the | 21 | | institution to which the child
is
transferring.
| 22 | | (g) Notice to health care facilities and health care | 23 | | practitioners. Upon the request of the petitioner, the clerk of | 24 | | the circuit court shall send a certified copy of the order of | 25 | | protection to any specified health care facility or health care | 26 | | practitioner requested by the petitioner at the mailing address |
| | | 10100SB0899sam001 | - 27 - | LRB101 06317 SLF 59358 a |
|
| 1 | | provided by the petitioner. | 2 | | (h) Disclosure by health care facilities and health care | 3 | | practitioners. After receiving a certified copy of an order of | 4 | | protection that prohibits a respondent's access to records, no | 5 | | health care facility or health care practitioner shall allow a | 6 | | respondent access to the records of any child who is a | 7 | | protected person under the order of protection, or release | 8 | | information in those records to the respondent, unless the | 9 | | order has expired or the respondent shows a certified copy of | 10 | | the court order vacating the corresponding order of protection | 11 | | that was sent to the health care facility or practitioner. | 12 | | Nothing in this Section shall be construed to require health | 13 | | care facilities or health care practitioners to alter | 14 | | procedures related to billing and payment. The health care | 15 | | facility or health care practitioner may file the copy of the | 16 | | order of protection in the records of a child who is a | 17 | | protected person under the order of protection, or may employ | 18 | | any other method to identify the records to which a respondent | 19 | | is prohibited access. No health care facility or health care | 20 | | practitioner shall be civilly or professionally liable for | 21 | | reliance on a copy of an order of protection, except for | 22 | | willful and wanton misconduct. | 23 | | (Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, | 24 | | eff. 1-1-14.)
| 25 | | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
|
| | | 10100SB0899sam001 | - 28 - | LRB101 06317 SLF 59358 a |
|
| 1 | | Sec. 302. Data maintenance by law enforcement agencies.
| 2 | | (a) All sheriffs shall immediately transmit electronically | 3 | | furnish to the Department of State Police, on receipt the
same | 4 | | day as received , in the form and detail the Department | 5 | | requires, copies of
any recorded emergency, interim, or plenary | 6 | | orders of protection issued by the
court, and any foreign | 7 | | orders of protection filed by the clerk of the court,
and | 8 | | electronically transmitted to the sheriff by the clerk of the | 9 | | court pursuant to subsection
(b) of Section 222 of this Act. | 10 | | Each order of protection shall be immediately, upon | 11 | | transmission, entered in
the Law Enforcement Agencies Data | 12 | | System when on the same day it
is issued by the court. If an | 13 | | emergency order of protection was issued in
accordance with | 14 | | subsection (c) of Section 217, the order shall be entered in
| 15 | | the Law Enforcement Agencies Data System as soon as possible
| 16 | | after receipt from the clerk.
| 17 | | (b) The Department of State Police shall maintain a | 18 | | complete and systematic
record and index of all valid and | 19 | | recorded orders of protection issued pursuant
to this Act. The | 20 | | data shall be used to inform all dispatchers and law
| 21 | | enforcement officers at the scene of an alleged incident of | 22 | | abuse, neglect,
or exploitation or violation of an order of | 23 | | protection of any recorded prior
incident of abuse, neglect, or | 24 | | exploitation involving the abused, neglected,
or exploited | 25 | | party and the effective dates and terms of any recorded order | 26 | | of
protection.
|
| | | 10100SB0899sam001 | - 29 - | LRB101 06317 SLF 59358 a |
|
| 1 | | (c) The data, records and transmittals required under this | 2 | | Section shall
pertain to any valid emergency, interim or | 3 | | plenary order of protection,
whether issued in a civil or | 4 | | criminal proceeding or authorized under the laws
of another | 5 | | state, tribe, or United States territory.
| 6 | | (Source: P.A. 95-331, eff. 8-21-07.)".
|
|