Full Text of HB5922 097th General Assembly
HB5922enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Section 115 and by adding Section 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, or on the next court day if an | 10 | | emergency order is issued in accordance with subsection (c) of | 11 | | Section 95: | 12 | | (1) enter the order on the record and file it in | 13 | | accordance with the circuit court procedures; and | 14 | | (2) provide a file stamped copy of the order to the | 15 | | respondent, if present, and to the petitioner. | 16 | | (b) The clerk of the issuing judge shall, or the petitioner | 17 | | may, on the same day that a stalking no contact order is | 18 | | issued, file a certified copy of that order with the sheriff or | 19 | | other law enforcement officials charged with maintaining | 20 | | Department of State Police records or charged with serving the | 21 | | order upon the respondent. If the order was issued in | 22 | | accordance with subsection (c) of Section 95, the clerk shall, | 23 | | on the next court day, file a certified copy of the order with |
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| 1 | | the sheriff or other law enforcement officials charged with | 2 | | maintaining Department of State Police records. | 3 | | (c) Unless the respondent was present in court when the | 4 | | order was issued, the sheriff, other law enforcement official, | 5 | | or special process server shall promptly serve that order upon | 6 | | the respondent and file proof of such 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, special process server, or | 10 | | other persons defined in Section 117 may serve the respondent | 11 | | with a short form notification as provided in Section 117. If | 12 | | process has not yet been served upon the respondent, it shall | 13 | | be served with the order or short form notification if such | 14 | | service is made by the sheriff, other law enforcement official, | 15 | | or special process server . | 16 | | (d) If the person against whom the stalking no contact | 17 | | order is issued is arrested and the written order is issued in | 18 | | accordance with subsection (c) of Section 95 and received by | 19 | | the custodial law enforcement agency before the respondent or | 20 | | arrestee is released from custody, the custodial law | 21 | | enforcement agent shall promptly serve the order upon the | 22 | | respondent or arrestee before the respondent or arrestee is | 23 | | released from custody. In no event shall detention of the | 24 | | respondent or arrestee be extended for hearing on the petition | 25 | | for stalking no contact order or receipt of the order issued | 26 | | under Section 95 of this Act. |
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| 1 | | (e) Any order extending, modifying, or revoking any | 2 | | stalking no contact order shall be promptly recorded, issued, | 3 | | and served as provided in this Section. | 4 | | (f) Upon the request of the petitioner, within 24 hours of | 5 | | the issuance of a stalking no contact order, the clerk of the | 6 | | issuing judge shall send written notice of the order along with | 7 | | a certified copy of the order to any school, daycare, college, | 8 | | or university at which the petitioner is enrolled.
| 9 | | (Source: P.A. 96-246, eff. 1-1-10.) | 10 | | (740 ILCS 21/117 new) | 11 | | Sec. 117. Short form notification. | 12 | | (a) Instead of personal service of a stalking no contact | 13 | | order under Section 115, a sheriff, other law enforcement | 14 | | official, special process server, or personnel assigned by the | 15 | | Department of Corrections to investigate the alleged | 16 | | misconduct of committed persons or alleged violations of a | 17 | | parolee's or releasee's conditions of parole or mandatory | 18 | | supervised release may serve a respondent with a short form | 19 | | notification. The short form notification must include the | 20 | | following items: | 21 | | (1) The respondent's name. | 22 | | (2) The respondent's date of birth, if known. | 23 | | (3) The petitioner's name. | 24 | | (4) The names of other protected parties. | 25 | | (5) The date and county in which the stalking no |
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| 1 | | contact order was filed. | 2 | | (6) The court file number. | 3 | | (7) The hearing date and time, if known. | 4 | | (8) The conditions that apply to the respondent, either | 5 | | in checklist form or handwritten. | 6 | | (b) The short form notification must contain the following | 7 | | notice in bold print: | 8 | | "The order is now enforceable. You must report to the | 9 | | office of the sheriff or the office of the circuit court in | 10 | | (name of county) County to obtain a copy of the order. You are | 11 | | subject to arrest and may be charged with a misdemeanor or | 12 | | felony if you violate any of the terms of the order." | 13 | | (c) Upon verification of the identity of the respondent and | 14 | | the existence of an unserved order against the respondent, a | 15 | | sheriff or other law enforcement official may detain the | 16 | | respondent for a reasonable time necessary to complete and | 17 | | serve the short form notification. | 18 | | (d) When service is made by short form notification under | 19 | | this Section, it may be proved by the affidavit of the person | 20 | | making the service. | 21 | | (e) The Attorney General shall make the short form | 22 | | notification form available to law enforcement agencies in this | 23 | | State. | 24 | | (f) A single short form notification form may be used for | 25 | | orders of protection under the Illinois Domestic Violence Act | 26 | | of 1986, stalking no contact orders under this Act, and civil |
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| 1 | | no contact orders under the Civil No Contact Order Act. | 2 | | Section 10. The Civil No Contact Order Act is amended by | 3 | | changing Section 218 and by adding Section 218.1 as follows:
| 4 | | (740 ILCS 22/218)
| 5 | | Sec. 218. Notice of orders.
| 6 | | (a) Upon issuance of any civil no contact order, the clerk | 7 | | shall
immediately, or on the next court day if an emergency | 8 | | order is issued in
accordance with subsection (c) of Section | 9 | | 214:
| 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 civil no contact order is issued, | 16 | | file a certified copy of that
order with the sheriff or other | 17 | | law enforcement officials charged with
maintaining Department | 18 | | of State Police records or charged with serving the
order upon | 19 | | the respondent. If the order was issued in accordance with
| 20 | | subsection (c) of Section 214, the clerk shall, on the next | 21 | | court day, file a
certified copy of the order with the Sheriff | 22 | | or other law enforcement officials
charged with maintaining | 23 | | Department of State Police records.
| 24 | | (c) Unless the respondent was present in court when the |
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| 1 | | order was
issued, the sheriff, other law enforcement official, | 2 | | or special process server
shall promptly serve that order upon | 3 | | the respondent and file proof of such
service in the manner | 4 | | provided for service of process in civil proceedings. Instead | 5 | | of serving the order upon the respondent, however, the sheriff, | 6 | | other law enforcement official, special process server, or | 7 | | other persons defined in Section 218.1 may serve the respondent | 8 | | with a short form notification as provided in Section 218.1. If
| 9 | | process has not yet been served upon the respondent, it shall | 10 | | be served with
the order or short form notification if such | 11 | | service is made by the sheriff, other law enforcement official, | 12 | | or special process server .
| 13 | | (d) If the person against whom the civil no contact order | 14 | | is issued is
arrested and the written order is issued in | 15 | | accordance with subsection (c) of
Section 214 and received by | 16 | | the custodial law enforcement agency before
the respondent or | 17 | | arrestee is released from custody, the custodial law
| 18 | | enforcement agent shall promptly serve the order upon the | 19 | | respondent or
arrestee before the respondent or arrestee is | 20 | | released from custody. In no
event shall detention of the | 21 | | respondent or arrestee be extended for hearing
on the petition | 22 | | for civil no contact order or receipt of the order issued under
| 23 | | Section 214 of this Act.
| 24 | | (e) Any order extending, modifying, or revoking any civil | 25 | | no contact
order shall be promptly recorded, issued, and served | 26 | | as provided in this
Section.
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| 1 | | (f) Upon the request of the
petitioner, within 24 hours of | 2 | | the issuance of a civil no contact order, the
clerk of the | 3 | | issuing judge shall
send written notice of the order along with
| 4 | | a certified copy of the order to any school, college, or | 5 | | university at which
the
petitioner is enrolled.
| 6 | | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
| 7 | | (740 ILCS 22/218.1 new) | 8 | | Sec. 218.1. Short form notification. | 9 | | (a) Instead of personal service of a civil no contact order | 10 | | under Section 218, a sheriff, other law enforcement official, | 11 | | special process server, or personnel assigned by the Department | 12 | | of Corrections to investigate the alleged misconduct of | 13 | | committed persons or alleged violations of a parolee's or | 14 | | releasee's conditions of parole or mandatory supervised | 15 | | release may serve a respondent with a short form notification. | 16 | | The short form notification must include the following items: | 17 | | (1) The respondent's name. | 18 | | (2) The respondent's date of birth, if known. | 19 | | (3) The petitioner's name. | 20 | | (4) The names of other protected parties. | 21 | | (5) The date and county in which the civil no contact | 22 | | order was filed. | 23 | | (6) The court file number. | 24 | | (7) The hearing date and time, if known. | 25 | | (8) The conditions that apply to the respondent, either |
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| 1 | | in checklist form or handwritten. | 2 | | (b) The short form notification must contain the following | 3 | | notice in bold print: | 4 | | "The order is now enforceable. You must report to the | 5 | | office of the sheriff or the office of the circuit court in | 6 | | (name of county) County to obtain a copy of the order. You are | 7 | | subject to arrest and may be charged with a misdemeanor or | 8 | | felony if you violate any of the terms of the order." | 9 | | (c) Upon verification of the identity of the respondent and | 10 | | the existence of an unserved order against the respondent, a | 11 | | sheriff or other law enforcement official may detain the | 12 | | respondent for a reasonable time necessary to complete and | 13 | | serve the short form notification. | 14 | | (d) When service is made by short form notification under | 15 | | this Section, it may be proved by the affidavit of the person | 16 | | making the service. | 17 | | (e) The Attorney General shall make the short form | 18 | | notification form available to law enforcement agencies in this | 19 | | State. | 20 | | (f) A single short form notification form may be used for | 21 | | orders of protection under the Illinois Domestic Violence Act | 22 | | of 1986, stalking no contact orders under the Stalking No | 23 | | Contact Order Act, and civil no contact orders under this Act.
| 24 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 25 | | amended by changing Section 222.10 as follows:
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| 1 | | (750 ILCS 60/222.10)
| 2 | | Sec. 222.10. Short form notification.
| 3 | | (a) Instead of personal service of an order of protection | 4 | | under Section 222,
a sheriff, other law enforcement official, | 5 | | special process server, or personnel assigned by the Department | 6 | | of Corrections to investigate the alleged misconduct of | 7 | | committed persons or alleged violations of a parolee's or | 8 | | releasee's conditions of parole or mandatory supervised | 9 | | release may serve
a respondent with a short form notification. | 10 | | The short form notification must
include the following items:
| 11 | | (1) The respondent's name.
| 12 | | (2) The respondent's date of birth, if known.
| 13 | | (3) The petitioner's name.
| 14 | | (4) The names of other protected parties.
| 15 | | (5) The date and county in which the order of | 16 | | protection was filed.
| 17 | | (6) The court file number.
| 18 | | (7) The hearing date and time, if known.
| 19 | | (8) The conditions that apply to the respondent, either | 20 | | in checklist form
or handwritten.
| 21 | | (9) The name of the judge who signed the order.
| 22 | | (b) The short form notification must contain the following | 23 | | notice in bold
print:
| 24 | | "The order of protection is now enforceable. You must | 25 | | report to the office of
the sheriff or the office of the |
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| 1 | | circuit court in (name of county) County to
obtain a copy | 2 | | of the order of protection . You are subject to arrest and | 3 | | may be
charged with a misdemeanor or felony if you violate | 4 | | any of the terms of the
order of protection ."
| 5 | | (c) Upon verification of the identity of the respondent and | 6 | | the existence of
an unserved order of protection against the | 7 | | respondent, a sheriff or other law
enforcement official may | 8 | | detain the respondent for a reasonable time necessary
to | 9 | | complete and serve the short form notification.
| 10 | | (d) When service is made by short form notification under | 11 | | this Section, it
may be proved by the affidavit of the person | 12 | | making the service.
| 13 | | (e) The Attorney General shall make provide adequate copies | 14 | | of the short form
notification form available to law | 15 | | enforcement agencies in this State.
| 16 | | (f) A single short form notification form may be used for | 17 | | orders of protection under this Act, stalking no contact orders | 18 | | under the Stalking No Contact Order Act, and civil no contact | 19 | | orders under the Civil No Contact Order Act. | 20 | | (Source: P.A. 97-50, eff. 6-28-11.)
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