Full Text of SB2869 97th General Assembly
SB2869enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning certain court orders.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 112A-22 as follows:
| 6 | | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
| 7 | | Sec. 112A-22. Notice of orders.
| 8 | | (a) Entry and issuance. Upon issuance
of any order of | 9 | | protection, the clerk shall
immediately, or on the next court | 10 | | day if an emergency order is
issued in accordance with | 11 | | subsection (c) of Section 112A-17,
(i) enter the order on the | 12 | | record and file it
in accordance with the circuit court
| 13 | | procedures and (ii) provide a file stamped copy of the order to
| 14 | | respondent, if present, and to petitioner.
| 15 | | (b) Filing with sheriff. The clerk of the issuing judge | 16 | | shall, or
the petitioner may, on the same day that an order of | 17 | | protection is
issued, file a copy of that order with the | 18 | | sheriff or other law enforcement
officials charged with | 19 | | maintaining Department of State Police records or
charged with | 20 | | serving the order upon respondent.
If the order was issued in | 21 | | accordance with subsection (c) of Section 112A-17,
the
clerk | 22 | | shall on the next court day, file a certified copy of the order | 23 | | with the
Sheriff or other law enforcement officials charged |
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| 1 | | with maintaining Department
of State Police records. If the | 2 | | respondent, at the time of the issuance of the order, is | 3 | | committed to the custody of the Illinois Department of | 4 | | Corrections or is on parole or mandatory supervised release, | 5 | | the sheriff or other law enforcement officials charged with | 6 | | maintaining Department of State Police records shall notify the | 7 | | Department of Corrections within 48 hours of receipt of a copy | 8 | | of the order of protection from the clerk of the issuing judge | 9 | | or the petitioner. Such notice shall include the name of the | 10 | | respondent, the respondent's IDOC inmate number, the | 11 | | respondent's date of birth, and the LEADS Record Index Number.
| 12 | | (c) Service by sheriff. Unless respondent was present in | 13 | | court when the
order was issued, the sheriff, other law | 14 | | enforcement official or special
process server shall
promptly | 15 | | serve that order upon respondent and file proof of such | 16 | | service,
in the manner provided for service of process in civil | 17 | | proceedings.
Instead of serving the order upon the respondent, | 18 | | however, the sheriff, other
law enforcement official, special | 19 | | process server, or other persons defined in Section 112A-22.10 | 20 | | may serve the respondent
with a short form notification as | 21 | | provided in Section 112A-22.10.
If
process has not yet been | 22 | | served upon the respondent, it shall be served
with the order | 23 | | or short form notification if such service is made by the | 24 | | sheriff, other law enforcement official, or special process | 25 | | server.
| 26 | | (c-5) If the person against whom the order of protection is |
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| 1 | | issued is
arrested and the written order is issued in | 2 | | accordance with subsection (c) of
Section 112A-17
and received | 3 | | by the custodial law enforcement agency before the respondent | 4 | | or
arrestee is released from custody, the custodial law | 5 | | enforcement agent shall
promptly serve the order upon the | 6 | | respondent or arrestee before the
respondent or arrestee is | 7 | | released from custody. In no event shall detention
of the | 8 | | respondent or arrestee be extended for hearing on the petition | 9 | | for order
of protection or receipt of the order issued under | 10 | | Section 112A-17 of this
Code.
| 11 | | (d) Extensions, modifications and revocations. Any order | 12 | | extending,
modifying or revoking any order of protection shall | 13 | | be promptly recorded,
issued and served as provided in this | 14 | | Section.
| 15 | | (e) Notice to health care facilities and health care | 16 | | practitioners. Upon the request of the petitioner, the clerk of | 17 | | the circuit court shall send a certified copy of the order of | 18 | | protection to any specified health care facility or health care | 19 | | practitioner requested by the petitioner at the mailing address | 20 | | provided by the petitioner. | 21 | | (f) Disclosure by health care facilities and health care | 22 | | practitioners. After receiving a certified copy of an order of | 23 | | protection that prohibits a respondent's access to records, no | 24 | | health care facility or health care practitioner shall allow a | 25 | | respondent access to the records of any child who is a | 26 | | protected person under the order of protection, or release |
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| 1 | | information in those records to the respondent, unless the | 2 | | order has expired or the respondent shows a certified copy of | 3 | | the court order vacating the corresponding order of protection | 4 | | that was sent to the health care facility or practitioner. | 5 | | Nothing in this Section shall be construed to require health
| 6 | | care facilities or health care practitioners to alter | 7 | | procedures related to billing and payment. The health care | 8 | | facility or health care practitioner may file the copy of the | 9 | | order of protection in the records of a child who is a | 10 | | protected person under the order of protection, or may employ | 11 | | any other method to identify the records to which a respondent | 12 | | is prohibited access. No health care facility or health care | 13 | | practitioner shall be civilly or professionally liable for
| 14 | | reliance on a copy of an order of protection, except for | 15 | | willful and wanton misconduct. | 16 | | (g) Notice to schools. Upon the request of the petitioner, | 17 | | within 24
hours of the issuance of an order of
protection, the | 18 | | clerk of the issuing judge shall
send a certified copy of
the | 19 | | order of protection to the day-care facility,
pre-school or | 20 | | pre-kindergarten, or private school or the principal
office of | 21 | | the public school district or any college or university in | 22 | | which any child who
is a protected person under the order of | 23 | | protection or any child
of
the
petitioner is enrolled as | 24 | | requested by the petitioner at the mailing address provided by | 25 | | the petitioner.
If the child transfers enrollment to another | 26 | | day-care facility, pre-school,
pre-kindergarten,
private |
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| 1 | | school, public school, college, or university, the petitioner | 2 | | may,
within 24 hours
of the transfer, send to the clerk written | 3 | | notice of the transfer, including
the name and
address of the | 4 | | institution to which the child is transferring.
Within 24 hours | 5 | | of receipt of notice
from the petitioner that a child is | 6 | | transferring to another day-care facility,
pre-school, | 7 | | pre-kindergarten, private school, public school, college, or
| 8 | | university, the clerk shall send a certified copy of the order | 9 | | to the institution to which the child
is
transferring. | 10 | | (h) Disclosure by schools. After receiving a certified copy | 11 | | of an order
of protection that prohibits a respondent's access | 12 | | to records, neither a
day-care facility, pre-school, | 13 | | pre-kindergarten, public
or private school, college, or | 14 | | university nor its employees shall allow a
respondent access to | 15 | | a
protected child's records or release information in those | 16 | | records to the
respondent. The school shall file
the copy of | 17 | | the order of protection in the records of a child who
is a | 18 | | protected person under the order of protection. When a child | 19 | | who is a
protected person under the order of protection | 20 | | transfers to another day-care
facility, pre-school, | 21 | | pre-kindergarten, public or private school, college, or
| 22 | | university, the institution from which the child is | 23 | | transferring may, at the
request of the petitioner, provide,
| 24 | | within 24 hours of the transfer, written notice of the order of | 25 | | protection,
along with a certified copy of the order, to the | 26 | | institution to which the child
is
transferring. |
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| 1 | | (Source: P.A. 96-651, eff. 1-1-10; 97-50, eff. 6-28-11.)
| 2 | | Section 10. The Stalking No Contact Order Act is amended by | 3 | | changing Section 115 as follows: | 4 | | (740 ILCS 21/115)
| 5 | | Sec. 115. Notice of orders. | 6 | | (a) Upon issuance of any stalking no contact order, the | 7 | | clerk shall immediately, or on the next court day if an | 8 | | emergency order is issued in accordance with subsection (c) of | 9 | | Section 95: | 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 petitioner | 15 | | may, on the same day that a stalking no contact order is | 16 | | issued, file a certified copy of that order with the sheriff or | 17 | | other law enforcement officials charged with maintaining | 18 | | Department of State Police records or charged with serving the | 19 | | order upon the respondent. If the order was issued in | 20 | | accordance with subsection (c) of Section 95, 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. If the | 24 | | respondent, at the time of the issuance of the order, is |
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| 1 | | committed to the custody of the Illinois Department of | 2 | | Corrections or is on parole or mandatory supervised release, | 3 | | the sheriff or other law enforcement officials charged with | 4 | | maintaining Department of State Police records shall notify the | 5 | | Department of Corrections within 48 hours of receipt of a copy | 6 | | of the stalking no contact order from the clerk of the issuing | 7 | | judge or the petitioner. Such notice shall include the name of | 8 | | the respondent, the respondent's IDOC inmate number, the | 9 | | respondent's date of birth, and the LEADS Record Index Number. | 10 | | (c) Unless the respondent was present in court when the | 11 | | order was issued, the sheriff, other law enforcement official, | 12 | | or special process server shall promptly serve that order upon | 13 | | the respondent and file proof of such service in the manner | 14 | | provided for service of process in civil proceedings. If | 15 | | process has not yet been served upon the respondent, it shall | 16 | | be served with the order or short form notification. | 17 | | (d) If the person against whom the stalking no contact | 18 | | order is issued is arrested and the written order is issued in | 19 | | accordance with subsection (c) of Section 95 and received by | 20 | | the custodial law enforcement agency before the respondent or | 21 | | arrestee is released from custody, the custodial law | 22 | | enforcement agent shall promptly serve the order upon the | 23 | | respondent or arrestee before the respondent or arrestee is | 24 | | released from custody. In no event shall detention of the | 25 | | respondent or arrestee be extended for hearing on the petition | 26 | | for stalking no contact order or receipt of the order issued |
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| 1 | | under Section 95 of this Act. | 2 | | (e) Any order extending, modifying, or revoking any | 3 | | stalking no contact order shall be promptly recorded, issued, | 4 | | and served as provided in this Section. | 5 | | (f) Upon the request of the petitioner, within 24 hours of | 6 | | the issuance of a stalking no contact order, the clerk of the | 7 | | issuing judge shall send written notice of the order along with | 8 | | a certified copy of the order to any school, daycare, college, | 9 | | or university at which the petitioner is enrolled.
| 10 | | (Source: P.A. 96-246, eff. 1-1-10.) | 11 | | Section 15. The Civil No Contact Order Act is amended by | 12 | | changing Section 218 as follows:
| 13 | | (740 ILCS 22/218)
| 14 | | Sec. 218. Notice of orders.
| 15 | | (a) Upon issuance of any civil no contact order, the clerk | 16 | | shall
immediately, or on the next court day if an emergency | 17 | | order is issued in
accordance with subsection (c) of Section | 18 | | 214:
| 19 | | (1) enter the order on the record and file it in | 20 | | accordance with the
circuit court procedures; and
| 21 | | (2) provide a file stamped copy of the order to the | 22 | | respondent, if
present, and to the petitioner.
| 23 | | (b) The clerk of the issuing judge shall, or the petitioner | 24 | | may, on the
same day that a civil no contact order is issued, |
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| 1 | | file a certified copy of that
order with the sheriff or other | 2 | | law enforcement officials charged with
maintaining Department | 3 | | of State Police records or charged with serving the
order upon | 4 | | the respondent. If the order was issued in accordance with
| 5 | | subsection (c) of Section 214, the clerk shall, on the next | 6 | | court day, file a
certified copy of the order with the Sheriff | 7 | | or other law enforcement officials
charged with maintaining | 8 | | Department of State Police records. If the respondent, at the | 9 | | time of the issuance of the order, is committed to the custody | 10 | | of the Illinois Department of Corrections or is on parole or | 11 | | mandatory supervised release, the sheriff or other law | 12 | | enforcement officials charged with maintaining Department of | 13 | | State Police records shall notify the Department of Corrections | 14 | | within 48 hours of receipt of a copy of the civil no contact | 15 | | order from the clerk of the issuing judge or the petitioner. | 16 | | Such notice shall include the name of the respondent, the | 17 | | respondent's IDOC inmate number, the respondent's date of | 18 | | birth, and the LEADS Record Index Number.
| 19 | | (c) Unless the respondent was present in court when the | 20 | | order was
issued, the sheriff, other law enforcement official, | 21 | | or special process server
shall promptly serve that order upon | 22 | | the respondent and file proof of such
service in the manner | 23 | | provided for service of process in civil proceedings. If
| 24 | | process has not yet been served upon the respondent, it shall | 25 | | be served with
the order or short form notification.
| 26 | | (d) If the person against whom the civil no contact order |
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| 1 | | is issued is
arrested and the written order is issued in | 2 | | accordance with subsection (c) of
Section 214 and received by | 3 | | the custodial law enforcement agency before
the respondent or | 4 | | arrestee is released from custody, the custodial law
| 5 | | enforcement agent shall promptly serve the order upon the | 6 | | respondent or
arrestee before the respondent or arrestee is | 7 | | released from custody. In no
event shall detention of the | 8 | | respondent or arrestee be extended for hearing
on the petition | 9 | | for civil no contact order or receipt of the order issued under
| 10 | | Section 214 of this Act.
| 11 | | (e) Any order extending, modifying, or revoking any civil | 12 | | no contact
order shall be promptly recorded, issued, and served | 13 | | as provided in this
Section.
| 14 | | (f) Upon the request of the
petitioner, within 24 hours of | 15 | | the issuance of a civil no contact order, the
clerk of the | 16 | | issuing judge shall
send written notice of the order along with
| 17 | | a certified copy of the order to any school, college, or | 18 | | university at which
the
petitioner is enrolled.
| 19 | | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
| 20 | | Section 20. The Illinois Domestic Violence Act of 1986 is | 21 | | amended by changing Section 222 as follows:
| 22 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| 23 | | Sec. 222. Notice of orders.
| 24 | | (a) Entry and issuance. Upon issuance of any order of |
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| 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, on the same day that an order of | 9 | | protection is
issued, file a certified copy of that order with | 10 | | the sheriff or other law
enforcement officials charged with | 11 | | maintaining Department of State Police
records or charged with | 12 | | serving the order upon respondent.
If the order was issued in | 13 | | accordance with subsection (c) of Section 217,
the clerk
shall | 14 | | on the next court day, file a certified copy of the order with | 15 | | the
Sheriff or other law enforcement officials charged with | 16 | | maintaining Department
of State Police records. If the | 17 | | respondent, at the time of the issuance of the order, is | 18 | | committed to the custody of the Illinois Department of | 19 | | Corrections or is on parole or mandatory supervised release, | 20 | | the sheriff or other law enforcement officials charged with | 21 | | maintaining Department of State Police records shall notify the | 22 | | Department of Corrections within 48 hours of receipt of a copy | 23 | | of the order of protection from the clerk of the issuing judge | 24 | | or the petitioner. Such notice shall include the name of the | 25 | | respondent, the respondent's IDOC inmate number, the | 26 | | respondent's date of birth, and the LEADS Record Index Number.
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| 1 | | (c) Service by sheriff. Unless respondent was present in | 2 | | court when the
order was issued, the sheriff, other law | 3 | | enforcement official or special
process server shall
promptly | 4 | | serve that order upon respondent and file proof of such | 5 | | service,
in the manner provided for service of process in civil | 6 | | proceedings.
Instead of serving the order upon the respondent, | 7 | | however, the sheriff, other
law enforcement official, special | 8 | | process server, or other persons defined in Section 222.10 may | 9 | | serve the respondent
with a short form notification as provided | 10 | | in Section 222.10.
If
process has not yet been served upon the | 11 | | respondent, it shall be served
with the order or short form | 12 | | notification if such service is made by the sheriff, other law | 13 | | enforcement official, or special process server. A single fee | 14 | | may be charged for
service of an order
obtained in civil court, | 15 | | or for service of such an order together with
process, unless | 16 | | waived or deferred under Section 210.
| 17 | | (c-5) If the person against whom the order of protection is | 18 | | issued is
arrested and the written order is issued in | 19 | | accordance with subsection (c) of
Section 217
and received by | 20 | | the custodial law enforcement agency before the respondent or
| 21 | | arrestee is released from custody, the custodial law | 22 | | enforcement agent shall
promptly serve the order upon the | 23 | | respondent or arrestee before the
respondent or arrestee is | 24 | | released from custody. In no event shall detention
of the | 25 | | respondent or arrestee be extended for hearing on the petition | 26 | | for order
of protection or receipt of the order issued under |
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| 1 | | Section 217 of this Act.
| 2 | | (d) Extensions, modifications and revocations. Any order | 3 | | extending,
modifying or revoking any order of protection shall | 4 | | be promptly recorded,
issued and served as provided in this | 5 | | Section.
| 6 | | (e) Notice to schools. Upon the request of the petitioner, | 7 | | within 24
hours of the issuance of an order of
protection, the | 8 | | clerk of the issuing judge shall
send a certified copy of
the | 9 | | order of protection to the day-care facility,
pre-school or | 10 | | pre-kindergarten, or private school or the principal
office of | 11 | | the public school district or any college or university in | 12 | | which any child who
is a protected person under the order of | 13 | | protection or any child
of
the
petitioner is enrolled as | 14 | | requested by the petitioner at the mailing address provided by | 15 | | the petitioner.
If the child transfers enrollment to another | 16 | | day-care facility, pre-school,
pre-kindergarten,
private | 17 | | school, public school, college, or university, the petitioner | 18 | | may,
within 24 hours
of the transfer, send to the clerk written | 19 | | notice of the transfer, including
the name and
address of the | 20 | | institution to which the child is transferring.
Within 24 hours | 21 | | of receipt of notice
from the petitioner that a child is | 22 | | transferring to another day-care facility,
pre-school, | 23 | | pre-kindergarten, private school, public school, college, or
| 24 | | university, the clerk shall send a certified copy of the order | 25 | | to the institution to which the child
is
transferring.
| 26 | | (f) Disclosure by schools. After receiving a certified copy |
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| 1 | | of an order
of protection that prohibits a respondent's access | 2 | | to records, neither a
day-care facility, pre-school, | 3 | | pre-kindergarten, public
or private school, college, or | 4 | | university nor its employees shall allow a
respondent access to | 5 | | a
protected child's records or release information in those | 6 | | records to the
respondent. The school shall file
the copy of | 7 | | the order of protection in the records of a child who
is a | 8 | | protected person under the order of protection. When a child | 9 | | who is a
protected person under the order of protection | 10 | | transfers to another day-care
facility, pre-school, | 11 | | pre-kindergarten, public or private school, college, or
| 12 | | university, the institution from which the child is | 13 | | transferring may, at the
request of the petitioner, provide,
| 14 | | within 24 hours of the transfer, written notice of the order of | 15 | | protection,
along with a certified copy of the order, to the | 16 | | institution to which the child
is
transferring.
| 17 | | (g) Notice to health care facilities and health care | 18 | | practitioners. Upon the request of the petitioner, the clerk of | 19 | | the circuit court shall send a certified copy of the order of | 20 | | protection to any specified health care facility or health care | 21 | | practitioner requested by the petitioner at the mailing address | 22 | | provided by the petitioner. | 23 | | (h) Disclosure by health care facilities and health care | 24 | | practitioners. After receiving a certified copy of an order of | 25 | | protection that prohibits a respondent's access to records, no | 26 | | health care facility or health care practitioner shall allow a |
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| 1 | | respondent access to the records of any child who is a | 2 | | protected person under the order of protection, or release | 3 | | information in those records to the respondent, unless the | 4 | | order has expired or the respondent shows a certified copy of | 5 | | the court order vacating the corresponding order of protection | 6 | | that was sent to the health care facility or practitioner. | 7 | | Nothing in this Section shall be construed to require health | 8 | | care facilities or health care practitioners to alter | 9 | | procedures related to billing and payment. The health care | 10 | | facility or health care practitioner may file the copy of the | 11 | | order of protection in the records of a child who is a | 12 | | protected person under the order of protection, or may employ | 13 | | any other method to identify the records to which a respondent | 14 | | is prohibited access. No health care facility or health care | 15 | | practitioner shall be civilly or professionally liable for | 16 | | reliance on a copy of an order of protection, except for | 17 | | willful and wanton misconduct. | 18 | | (Source: P.A. 96-651, eff. 1-1-10; 97-50, eff. 6-28-11.)
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