Full Text of SB2604 103rd General Assembly
SB2604sam001 103RD GENERAL ASSEMBLY | Sen. Natalie Toro Filed: 4/5/2024 | | 10300SB2604sam001 | | LRB103 34271 JRC 71950 a |
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| 1 | | AMENDMENT TO SENATE BILL 2604
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2604 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Stalking No Contact Order Act is amended | 5 | | by changing Sections 115 and 117 as follows: | 6 | | (740 ILCS 21/115) | 7 | | Sec. 115. Notice of orders. | 8 | | (a) Upon issuance of any stalking no contact order, the | 9 | | clerk shall immediately: | 10 | | (1) enter the order on the record and file it in | 11 | | accordance with the circuit court procedures; and | 12 | | (2) provide a file stamped copy of the order to the | 13 | | respondent, if present, and to the petitioner. | 14 | | (b) The clerk of the issuing judge shall, or the | 15 | | petitioner may, on the same day that a stalking no contact | 16 | | order is issued, file a certified copy of that order with the |
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| 1 | | sheriff or other law enforcement officials charged with | 2 | | maintaining Illinois State Police records or charged with | 3 | | serving the order upon the respondent. If the respondent, at | 4 | | the time of the issuance of the order, is committed to the | 5 | | custody of the Illinois Department of Corrections or Illinois | 6 | | Department of Juvenile Justice or is on parole, aftercare | 7 | | release, or mandatory supervised release, the sheriff or other | 8 | | law enforcement officials charged with maintaining Illinois | 9 | | State Police records shall notify the Department of | 10 | | Corrections or Department of Juvenile Justice within 48 hours | 11 | | of receipt of a copy of the stalking no contact order from the | 12 | | clerk of the issuing judge or the petitioner. Such notice | 13 | | shall include the name of the respondent, the respondent's | 14 | | IDOC inmate number or IDJJ youth identification number, the | 15 | | respondent's date of birth, and the LEADS Record Index Number. | 16 | | (c) Unless the respondent was present in court when the | 17 | | order was issued, the sheriff, other law enforcement official, | 18 | | or special process server shall promptly serve that order upon | 19 | | the respondent and file proof of such service in the manner | 20 | | provided for service of process in civil proceedings. Instead | 21 | | of serving the order upon the respondent, however, the | 22 | | sheriff, other law enforcement official, special process | 23 | | server, or other persons defined in Section 117 may serve the | 24 | | respondent with a short form notification as provided in | 25 | | Section 117. If process has not yet been served upon the | 26 | | respondent, it shall be served with the order or short form |
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| 1 | | notification if such service is made by the sheriff, other law | 2 | | enforcement official, or special process server. | 3 | | (d) If the person against whom the stalking no contact | 4 | | order is issued is arrested and the written order is issued in | 5 | | accordance with subsection (c) of Section 95 and received by | 6 | | the custodial law enforcement agency before the respondent or | 7 | | arrestee is released from custody, the custodial law | 8 | | enforcement agent shall promptly serve the order upon the | 9 | | respondent or arrestee before the respondent or arrestee is | 10 | | released from custody. In no event shall detention of the | 11 | | respondent or arrestee be extended for hearing on the petition | 12 | | for stalking no contact order or receipt of the order issued | 13 | | under Section 95 of this Act. | 14 | | (e) Any order extending, modifying, or revoking any | 15 | | stalking no contact order shall be promptly recorded, issued, | 16 | | and served as provided in this Section. | 17 | | (f) Upon the request of the petitioner, within 24 hours of | 18 | | the issuance of a stalking no contact order, the clerk of the | 19 | | issuing judge shall send written notice of the order along | 20 | | with a certified copy of the order to any school, daycare, | 21 | | college, or university at which the petitioner is enrolled. | 22 | | (g) Upon the request of the petitioner, the clerk of the | 23 | | circuit court shall send a certified copy of the stalking no | 24 | | contact order to the petitioner's current workplace. If the | 25 | | petitioner's workplace changes, the petitioner may send to the | 26 | | clerk written notice of the change in workplace, including the |
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| 1 | | name and address of the new workplace. Within 24 hours of | 2 | | receipt of notice from the petitioner that the petitioner's | 3 | | workplace has changed, the clerk shall send a certified copy | 4 | | of the stalking no contact order to the petitioner's new | 5 | | workplace. | 6 | | (h) After receiving notice of a stalking no contact order | 7 | | either by the petitioner or the clerk of the circuit court, the | 8 | | manager of the workplace shall immediately notify the | 9 | | appropriate law enforcement agency if the respondent is | 10 | | present at the workplace and is looking for the petitioner | 11 | | when the petitioner is not present at the workplace. If the | 12 | | respondent is at the workplace when the petitioner is present, | 13 | | the employer shall consult with the petitioner and if the | 14 | | petitioner requests, the employer shall contact law | 15 | | enforcement. | 16 | | (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.) | 17 | | (740 ILCS 21/117) | 18 | | Sec. 117. Short form notification. | 19 | | (a) Instead of personal service of a stalking no contact | 20 | | order under Section 115, a sheriff, other law enforcement | 21 | | official, special process server, or personnel assigned by the | 22 | | Department of Corrections or Department of Juvenile Justice to | 23 | | investigate the alleged misconduct of committed persons or | 24 | | alleged violations of a parolee's or releasee's conditions of | 25 | | parole, aftercare release, or mandatory supervised release |
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| 1 | | shall may serve a respondent with a short form notification. | 2 | | The short form notification must include the following items: | 3 | | (1) The respondent's name. | 4 | | (2) The respondent's date of birth, if known. | 5 | | (3) The petitioner's name. | 6 | | (4) The names of other protected parties. | 7 | | (5) The date and county in which the stalking no | 8 | | contact order was filed. | 9 | | (6) The court file number. | 10 | | (7) The hearing date and time, if known. | 11 | | (8) The conditions that apply to the respondent, | 12 | | either in checklist form or handwritten. | 13 | | (b) The short form notification must contain the following | 14 | | notice in bold print: | 15 | | "The order is now enforceable. You must report to the | 16 | | office of the sheriff or the office of the circuit court in | 17 | | (name of county) County to obtain a copy of the order. You are | 18 | | subject to arrest and may be charged with a misdemeanor or | 19 | | felony if you violate any of the terms of the order." | 20 | | (c) Upon verification of the identity of the respondent | 21 | | and the existence of an unserved order against the respondent, | 22 | | a sheriff or other law enforcement official may detain the | 23 | | respondent for a reasonable time necessary to complete and | 24 | | serve the short form notification. | 25 | | (d) When service is made by short form notification under | 26 | | this Section, it may be proved by the affidavit of the person |
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| 1 | | making the service. | 2 | | (e) The Attorney General shall make the short form | 3 | | notification form available to law enforcement agencies in | 4 | | this State. | 5 | | (f) A single short form notification form may be used for | 6 | | orders of protection under the Illinois Domestic Violence Act | 7 | | of 1986, stalking no contact orders under this Act, and civil | 8 | | no contact orders under the Civil No Contact Order Act. | 9 | | (Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.) | 10 | | Section 10. The Civil No Contact Order Act is amended by | 11 | | changing Sections 218 and 218.1 as follows: | 12 | | (740 ILCS 22/218) | 13 | | Sec. 218. Notice of orders. | 14 | | (a) Upon issuance of any civil no contact order, the clerk | 15 | | shall immediately: | 16 | | (1) enter the order on the record and file it in | 17 | | accordance with the circuit court procedures; and | 18 | | (2) provide a file stamped copy of the order to the | 19 | | respondent, if present, and to the petitioner. | 20 | | (b) The clerk of the issuing judge shall, or the | 21 | | petitioner may, on the same day that a civil no contact order | 22 | | is issued, file a certified copy of that order with the sheriff | 23 | | or other law enforcement officials charged with maintaining | 24 | | Illinois State Police records or charged with serving the |
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| 1 | | order upon the respondent. If the respondent, at the time of | 2 | | the issuance of the order, is committed to the custody of the | 3 | | Illinois Department of Corrections or Illinois Department of | 4 | | Juvenile Justice, or is on parole, aftercare release, or | 5 | | mandatory supervised release, the sheriff or other law | 6 | | enforcement officials charged with maintaining Illinois State | 7 | | Police records shall notify the Department of Corrections or | 8 | | Department of Juvenile Justice within 48 hours of receipt of a | 9 | | copy of the civil no contact order from the clerk of the | 10 | | issuing judge or the petitioner. Such notice shall include the | 11 | | name of the respondent, the respondent's IDOC inmate number or | 12 | | IDJJ youth identification number, the respondent's date of | 13 | | birth, and the LEADS Record Index Number. | 14 | | (c) Unless the respondent was present in court when the | 15 | | order was issued, the sheriff, other law enforcement official, | 16 | | or special process server shall promptly serve that order upon | 17 | | the respondent and file proof of such service in the manner | 18 | | provided for service of process in civil proceedings. Instead | 19 | | of serving the order upon the respondent, however, the | 20 | | sheriff, other law enforcement official, special process | 21 | | server, or other persons defined in Section 218.1 may serve | 22 | | the respondent with a short form notification as provided in | 23 | | Section 218.1. If process has not yet been served upon the | 24 | | respondent, it shall be served with the order or short form | 25 | | notification if such service is made by the sheriff, other law | 26 | | enforcement official, or special process server. |
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| 1 | | (d) If the person against whom the civil no contact order | 2 | | is issued is arrested and the written order is issued in | 3 | | accordance with subsection (c) of Section 214 and received by | 4 | | the custodial law enforcement agency before the respondent or | 5 | | arrestee is released from custody, the custodial law | 6 | | enforcement agent shall promptly serve the order upon the | 7 | | respondent or arrestee before the respondent or arrestee is | 8 | | released from custody. In no event shall detention of the | 9 | | respondent or arrestee be extended for hearing on the petition | 10 | | for civil no contact order or receipt of the order issued under | 11 | | Section 214 of this Act. | 12 | | (e) Any order extending, modifying, or revoking any civil | 13 | | no contact order shall be promptly recorded, issued, and | 14 | | served as provided in this Section. | 15 | | (f) Upon the request of the petitioner, within 24 hours of | 16 | | the issuance of a civil no contact order, the clerk of the | 17 | | issuing judge shall send written notice of the order along | 18 | | with a certified copy of the order to any school, college, or | 19 | | university at which the petitioner is enrolled. | 20 | | (g) Upon the request of the petitioner, the clerk of the | 21 | | circuit court shall send a certified copy of the civil no | 22 | | contact order to the petitioner's current workplace. If the | 23 | | petitioner's workplace changes, the petitioner may send to the | 24 | | clerk written notice of the change in workplace, including the | 25 | | name and address of the new workplace. Within 24 hours of | 26 | | receipt of notice from the petitioner that the petitioner's |
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| 1 | | workplace has changed, the clerk shall send a certified copy | 2 | | of the civil no contact order to the petitioner's new | 3 | | workplace. | 4 | | (h) After receiving notice of a civil no contact order | 5 | | either by the petitioner or the clerk of the circuit court, the | 6 | | manager of the workplace shall immediately notify the | 7 | | appropriate law enforcement agency if the respondent is | 8 | | present at the workplace and is looking for the petitioner | 9 | | when the petitioner is not present at the workplace. If the | 10 | | respondent is at the workplace when the petitioner is present, | 11 | | the employer shall consult with the petitioner and if the | 12 | | petitioner requests, the employer shall contact law | 13 | | enforcement. | 14 | | (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.) | 15 | | (740 ILCS 22/218.1) | 16 | | Sec. 218.1. Short form notification. | 17 | | (a) Instead of personal service of a civil no contact | 18 | | order under Section 218, a sheriff, other law enforcement | 19 | | official, special process server, or personnel assigned by the | 20 | | Department of Corrections or Department of Juvenile Justice to | 21 | | investigate the alleged misconduct of committed persons or | 22 | | alleged violations of a parolee's or releasee's conditions of | 23 | | parole, aftercare release, or mandatory supervised release | 24 | | shall may serve a respondent with a short form notification. | 25 | | The short form notification must include the following items: |
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| 1 | | (1) The respondent's name. | 2 | | (2) The respondent's date of birth, if known. | 3 | | (3) The petitioner's name. | 4 | | (4) The names of other protected parties. | 5 | | (5) The date and county in which the civil no contact | 6 | | order was filed. | 7 | | (6) The court file number. | 8 | | (7) The hearing date and time, if known. | 9 | | (8) The conditions that apply to the respondent, | 10 | | either in checklist form or handwritten. | 11 | | (b) The short form notification must contain the following | 12 | | notice in bold print: | 13 | | "The order is now enforceable. You must report to the | 14 | | office of the sheriff or the office of the circuit court in | 15 | | (name of county) County to obtain a copy of the order. You are | 16 | | subject to arrest and may be charged with a misdemeanor or | 17 | | felony if you violate any of the terms of the order." | 18 | | (c) Upon verification of the identity of the respondent | 19 | | and the existence of an unserved order against the respondent, | 20 | | a sheriff or other law enforcement official may detain the | 21 | | respondent for a reasonable time necessary to complete and | 22 | | serve the short form notification. | 23 | | (d) When service is made by short form notification under | 24 | | this Section, it may be proved by the affidavit of the person | 25 | | making the service. | 26 | | (e) The Attorney General shall make the short form |
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| 1 | | notification form available to law enforcement agencies in | 2 | | this State. | 3 | | (f) A single short form notification form may be used for | 4 | | orders of protection under the Illinois Domestic Violence Act | 5 | | of 1986, stalking no contact orders under the Stalking No | 6 | | Contact Order Act, and civil no contact orders under this Act. | 7 | | (Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.) | 8 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 9 | | amended by changing Sections 222 and 222.10 as follows: | 10 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22) | 11 | | Sec. 222. Notice of orders. | 12 | | (a) Entry and issuance. Upon issuance of any order of | 13 | | protection, the clerk shall immediately (i) enter the order on | 14 | | the record and file it in accordance with the circuit court | 15 | | procedures and (ii) provide a file stamped copy of the order to | 16 | | respondent, if present, and to petitioner. | 17 | | (b) Filing with sheriff. The clerk of the issuing judge | 18 | | shall, or the petitioner may, on the same day that an order of | 19 | | protection is issued, file a certified copy of that order with | 20 | | the sheriff or other law enforcement officials charged with | 21 | | maintaining Illinois State Police records or charged with | 22 | | serving the order upon respondent. If the respondent, at the | 23 | | time of the issuance of the order, is committed to the custody | 24 | | of the Illinois Department of Corrections or Illinois |
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| 1 | | Department of Juvenile Justice or is on parole, aftercare | 2 | | release, or mandatory supervised release, the sheriff or other | 3 | | law enforcement officials charged with maintaining Illinois | 4 | | State Police records shall notify the Department of | 5 | | Corrections or Department of Juvenile Justice within 48 hours | 6 | | of receipt of a copy of the order of protection from the clerk | 7 | | of the issuing judge or the petitioner. Such notice shall | 8 | | include the name of the respondent, the respondent's IDOC | 9 | | inmate number or IDJJ youth identification number, the | 10 | | respondent's date of birth, and the LEADS Record Index Number. | 11 | | (c) Service by sheriff. Unless respondent was present in | 12 | | court when the order was issued, the sheriff, other law | 13 | | enforcement official or special process server shall promptly | 14 | | serve that order upon respondent and file proof of such | 15 | | service, in the manner provided for service of process in | 16 | | civil proceedings. Instead of serving the order upon the | 17 | | respondent, however, the sheriff, other law enforcement | 18 | | official, special process server, or other persons defined in | 19 | | Section 222.10 may serve the respondent with a short form | 20 | | notification as provided in Section 222.10. If process has not | 21 | | yet been served upon the respondent, it shall be served with | 22 | | the order or short form notification if such service is made by | 23 | | the sheriff, other law enforcement official, or special | 24 | | process server. A single fee may be charged for service of an | 25 | | order obtained in civil court, or for service of such an order | 26 | | together with process, unless waived or deferred under Section |
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| 1 | | 210. | 2 | | (c-5) If the person against whom the order of protection | 3 | | is issued is arrested and the written order is issued in | 4 | | accordance with subsection (c) of Section 217 and received by | 5 | | the custodial law enforcement agency before the respondent or | 6 | | arrestee is released from custody, the custodial law | 7 | | enforcement agent shall promptly serve the order upon the | 8 | | respondent or arrestee before the respondent or arrestee is | 9 | | released from custody. In no event shall detention of the | 10 | | respondent or arrestee be extended for hearing on the petition | 11 | | for order of protection or receipt of the order issued under | 12 | | Section 217 of this Act. | 13 | | (d) Extensions, modifications and revocations. Any order | 14 | | extending, modifying or revoking any order of protection shall | 15 | | be promptly recorded, issued and served as provided in this | 16 | | Section. | 17 | | (e) Notice to schools. Upon the request of the petitioner, | 18 | | within 24 hours of the issuance of an order of protection, the | 19 | | clerk of the issuing judge shall send a certified copy of the | 20 | | order of protection to the day-care facility, pre-school or | 21 | | pre-kindergarten, or private school or the principal office of | 22 | | the public school district or any college or university in | 23 | | which any child who is a protected person under the order of | 24 | | protection or any child of the petitioner is enrolled as | 25 | | requested by the petitioner at the mailing address provided by | 26 | | the petitioner. If the child transfers enrollment to another |
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| 1 | | day-care facility, pre-school, pre-kindergarten, private | 2 | | school, public school, college, or university, the petitioner | 3 | | may, within 24 hours of the transfer, send to the clerk written | 4 | | notice of the transfer, including the name and address of the | 5 | | institution to which the child is transferring. Within 24 | 6 | | hours of receipt of notice from the petitioner that a child is | 7 | | transferring to another day-care facility, pre-school, | 8 | | pre-kindergarten, private school, public school, college, or | 9 | | university, the clerk shall send a certified copy of the order | 10 | | to the institution to which the child is transferring. | 11 | | (f) Disclosure by schools. After receiving a certified | 12 | | copy of an order of protection that prohibits a respondent's | 13 | | access to records, neither a day-care facility, pre-school, | 14 | | pre-kindergarten, public or private school, college, or | 15 | | university nor its employees shall allow a respondent access | 16 | | to a protected child's records or release information in those | 17 | | records to the respondent. The school shall file the copy of | 18 | | the order of protection in the records of a child who is a | 19 | | protected person under the order of protection. When a child | 20 | | who is a protected person under the order of protection | 21 | | transfers to another day-care facility, pre-school, | 22 | | pre-kindergarten, public or private school, college, or | 23 | | university, the institution from which the child is | 24 | | transferring may, at the request of the petitioner, provide, | 25 | | within 24 hours of the transfer, written notice of the order of | 26 | | protection, along with a certified copy of the order, to the |
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| 1 | | institution to which the child is transferring. | 2 | | (g) Notice to health care facilities and health care | 3 | | practitioners. Upon the request of the petitioner, the clerk | 4 | | of the circuit court shall send a certified copy of the order | 5 | | of protection to any specified health care facility or health | 6 | | care practitioner requested by the petitioner at the mailing | 7 | | address provided by the petitioner. | 8 | | (h) Disclosure by health care facilities and health care | 9 | | practitioners. After receiving a certified copy of an order of | 10 | | protection that prohibits a respondent's access to records, no | 11 | | health care facility or health care practitioner shall allow a | 12 | | respondent access to the records of any child who is a | 13 | | protected person under the order of protection, or release | 14 | | information in those records to the respondent, unless the | 15 | | order has expired or the respondent shows a certified copy of | 16 | | the court order vacating the corresponding order of protection | 17 | | that was sent to the health care facility or practitioner. | 18 | | Nothing in this Section shall be construed to require health | 19 | | care facilities or health care practitioners to alter | 20 | | procedures related to billing and payment. The health care | 21 | | facility or health care practitioner may file the copy of the | 22 | | order of protection in the records of a child who is a | 23 | | protected person under the order of protection, or may employ | 24 | | any other method to identify the records to which a respondent | 25 | | is prohibited access. No health care facility or health care | 26 | | practitioner shall be civilly or professionally liable for |
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| 1 | | reliance on a copy of an order of protection, except for | 2 | | willful and wanton misconduct. | 3 | | (i) Notice to workplace. Upon the request of the | 4 | | petitioner, the clerk of the circuit court shall send a | 5 | | certified copy of the order of protection to the petitioner's | 6 | | current workplace. If the petitioner's workplace changes, the | 7 | | petitioner may send to the clerk written notice of the change | 8 | | in workplace, including the name and address of the new | 9 | | workplace. Within 24 hours of receipt of notice from the | 10 | | petitioner that the petitioner's workplace has changed, the | 11 | | clerk shall send a certified copy of the order of protection to | 12 | | the petitioner's new workplace. | 13 | | (j) Notification by workplace. After receiving notice of | 14 | | an order of protection either by the petitioner or the clerk of | 15 | | the circuit court, the manager of the workplace shall | 16 | | immediately notify the appropriate law enforcement agency if | 17 | | the respondent is present at the workplace and is looking for | 18 | | the petitioner when the petitioner is not present at the | 19 | | workplace. If the respondent is at the workplace when the | 20 | | petitioner is present, the employer shall consult with the | 21 | | petitioner and if the petitioner requests, the employer shall | 22 | | contact law enforcement. | 23 | | (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.) | 24 | | (750 ILCS 60/222.10) | 25 | | Sec. 222.10. Short form notification. |
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| 1 | | (a) Instead of personal service of an order of protection | 2 | | under Section 222, a sheriff, other law enforcement official, | 3 | | special process server, or personnel assigned by the | 4 | | Department of Corrections or Department of Juvenile Justice to | 5 | | investigate the alleged misconduct of committed persons or | 6 | | alleged violations of a parolee's or releasee's conditions of | 7 | | parole, aftercare release, or mandatory supervised release | 8 | | shall may serve a respondent with a short form notification. | 9 | | The short form notification must include the following items: | 10 | | (1) The respondent's name. | 11 | | (2) The respondent's date of birth, if known. | 12 | | (3) The petitioner's name. | 13 | | (4) The names of other protected parties. | 14 | | (5) The date and county in which the order of | 15 | | protection was filed. | 16 | | (6) The court file number. | 17 | | (7) The hearing date and time, if known. | 18 | | (8) The conditions that apply to the respondent, | 19 | | either in checklist form or handwritten. | 20 | | (b) The short form notification must contain the following | 21 | | notice in bold print: | 22 | | "The order is now enforceable. You must report to the | 23 | | office of the sheriff or the office of the circuit court in | 24 | | (name of county) County to obtain a copy of the order. You | 25 | | are subject to arrest and may be charged with a | 26 | | misdemeanor or felony if you violate any of the terms of |
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| 1 | | the order." | 2 | | (c) Upon verification of the identity of the respondent | 3 | | and the existence of an unserved order against the respondent, | 4 | | a sheriff or other law enforcement official may detain the | 5 | | respondent for a reasonable time necessary to complete and | 6 | | serve the short form notification. | 7 | | (d) When service is made by short form notification under | 8 | | this Section, it may be proved by the affidavit of the person | 9 | | making the service. | 10 | | (e) The Attorney General shall make the short form | 11 | | notification form available to law enforcement agencies in | 12 | | this State. | 13 | | (f) A single short form notification form may be used for | 14 | | orders of protection under this Act, stalking no contact | 15 | | orders under the Stalking No Contact Order Act, and civil no | 16 | | contact orders under the Civil No Contact Order Act. | 17 | | (Source: P.A. 97-50, eff. 6-28-11; 97-1017, eff. 1-1-13; | 18 | | 98-558, eff. 1-1-14.)". |
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