State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB0187eng

 
SB187 Engrossed                               LRB9206039ARsbA

 1        AN ACT concerning orders of protection.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Domestic Violence Act of 1986 is
 5    amended by changing Sections 203 and 222 as follows:

 6        (750 ILCS 60/203) (from Ch. 40, par. 2312-3)
 7        Sec.    203.  Pleading;    non-disclosure   of   address;
 8    non-disclosure of schools.
 9        (a)  A petition for an order of protection  shall  be  in
10    writing  and  verified  or accompanied by affidavit and shall
11    allege that petitioner has been abused by respondent, who  is
12    a  family or household member. The petition shall further set
13    forth whether there is any other pending action  between  the
14    parties.   During the pendency of this proceeding, each party
15    has a continuing duty to inform the court of  any  subsequent
16    proceeding  for  an  order of protection in this or any other
17    state.
18        (b)  If  the   petition   states   that   disclosure   of
19    petitioner's  address  would  risk abuse of petitioner or any
20    member of petitioner's family  or  household  or  reveal  the
21    confidential  address  of  a  shelter  for  domestic violence
22    victims, that address may be omitted from all documents filed
23    with the court.  If  disclosure  is  necessary  to  determine
24    jurisdiction  or  consider  any venue issue, it shall be made
25    orally and in camera. If  petitioner  has  not  disclosed  an
26    address  under this subsection, petitioner shall designate an
27    alternative address at which respondent may serve  notice  of
28    any motions.
29        (c)  If  the  petitioner  is  seeking  to  have  a  child
30    protected  by  the  order of protection, and if that child is
31    enrolled    in    any    day-care    facility,    pre-school,
 
SB187 Engrossed             -2-               LRB9206039ARsbA
 1    pre-kindergarten, private  school,  public  school  district,
 2    college,  or  university, the petitioner may provide the name
 3    and   address   of   the   day-care   facility,   pre-school,
 4    pre-kindergarten, private  school,  public  school  district,
 5    college,  or  university  to  the  court.   However,  if  the
 6    petition  states  that  disclosure  of this information would
 7    risk abuse to petitioner or to the child protected under  the
 8    order,  this  information  may  be omitted from all documents
 9    filed with the court.
10    (Source: P.A. 87-1186.)

11        (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
12        Sec. 222.  Notice of orders.
13        (a)  Entry and issuance.  Upon issuance of any  order  of
14    protection, the clerk shall immediately, or on the next court
15    day  if  an  emergency  order  is  issued  in accordance with
16    subsection (c) of Section 217, (i) enter  the  order  on  the
17    record  and  file  it  in  accordance  with the circuit court
18    procedures and (ii) provide a file stamped copy of the  order
19    to respondent, if present, and to petitioner.
20        (b)  Filing with sheriff.  The clerk of the issuing judge
21    shall,  or  the petitioner may, on the same day that an order
22    of protection is issued, file a certified copy of that  order
23    with  the  sheriff or other law enforcement officials charged
24    with  maintaining  Department  of  State  Police  records  or
25    charged with serving the order upon respondent. If the  order
26    was  issued in accordance with subsection (c) of Section 217,
27    the clerk shall on the next court day, file a certified  copy
28    of  the  order  with  the  Sheriff  or  other law enforcement
29    officials charged with maintaining Department of State Police
30    records.
31        (c)  Service by sheriff.  Unless respondent  was  present
32    in  court  when  the order was issued, the sheriff, other law
33    enforcement official or special process server shall promptly
 
SB187 Engrossed             -3-               LRB9206039ARsbA
 1    serve that order upon  respondent  and  file  proof  of  such
 2    service,  in  the  manner  provided for service of process in
 3    civil proceedings.  If process has not yet been  served  upon
 4    the  respondent, it shall be served with the order.  A single
 5    fee may be charged for service of an order obtained in  civil
 6    court, or for service of such an order together with process,
 7    unless waived or deferred under Section 210.
 8        (c-5)  If the person against whom the order of protection
 9    is  issued  is  arrested  and  the written order is issued in
10    accordance with subsection (c) of Section 217 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
17    petition for order of protection  or  receipt  of  the  order
18    issued under Section 217 of this Act.
19        (d)  Extensions,   modifications  and  revocations.   Any
20    order  extending,  modifying  or  revoking   any   order   of
21    protection  shall  be promptly recorded, issued and served as
22    provided in this Section.
23        (e)  Notice  to  schools.   Upon  the  request   of   the
24    petitioner,  within  24  hours of the issuance of an order of
25    protection, Upon request the clerk of the issuing judge shall
26    send written notice of the order  of  protection  along  with
27    file  a  certified copy of the an order of protection to with
28    the day-care facility,  pre-school  or  pre-kindergarten,  or
29    private  school  or  schools  or  the principal office of the
30    public school  district  or  any  college  or  university  or
31    districts  in which any child who is a protected person under
32    the  order  of  protection  or  any  child  children  of  the
33    petitioner is are enrolled. If the child transfers enrollment
34    to another day-care facility,  pre-school,  pre-kindergarten,
 
SB187 Engrossed             -4-               LRB9206039ARsbA
 1    private  school,  public  school, college, or university, the
 2    petitioner may, within 24 hours  of the transfer, send to the
 3    clerk written notice of the transfer, including the name and
 4    address  of  the  institution   to   which   the   child   is
 5    transferring.   Within 24 hours of receipt of notice from the
 6    petitioner that a child is transferring to  another  day-care
 7    facility,   pre-school,   pre-kindergarten,  private  school,
 8    public school, college, or university, the clerk  shall  send
 9    written  notice  of  the  order  of  protection, along with a
10    certified copy of the order, to the institution to which  the
11    child is transferring.
12        (f)  Disclosure  by schools.  After receiving a certified
13    copy of an order of protection that prohibits a  respondent's
14    access  to  records, neither a day-care facility, pre-school,
15    pre-kindergarten,  public  or  private  school,  college,  or
16    university nor its employees shall allow a respondent  access
17    to  a  protected  child's  records  or release information in
18    those records to the respondent.  The school shall  file  the
19    copy of the order of protection in the records of a child who
20    is  a protected person under the order of protection.  When a
21    child who is a protected person under the order of protection
22    transfers   to   another   day-care   facility,   pre-school,
23    pre-kindergarten,  public  or  private  school,  college,  or
24    university,  the  institution  from  which   the   child   is
25    transferring  may, at the request of the petitioner, provide,
26    within 24 hours of the transfer, written notice of the  order
27    of  protection,  along with a certified copy of the order, to
28    the institution to which the child is transferring.
29    (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.

[ Top ]