State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB0686eng

 
SB686 Engrossed                                LRB9207951RCcd

 1        AN ACT in relation to criminal law.

 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  and  adding  Section
 6    112A-22.10 as follows:

 7        (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
 8        Sec. 112A-22.  Notice of orders.
 9        (a)  Entry  and  issuance.  Upon issuance of any order of
10    protection, the clerk shall immediately, or on the next court
11    day if an  emergency  order  is  issued  in  accordance  with
12    subsection (c) of Section 112A-17, (i) enter the order on the
13    record  and  file  it  in  accordance  with the circuit court
14    procedures and (ii) provide a file stamped copy of the  order
15    to respondent, if present, and to petitioner.
16        (b)  Filing with sheriff.  The clerk of the issuing judge
17    shall,  or  the petitioner may, on the same day that an order
18    of protection is issued, file a copy of that order  with  the
19    sheriff  or  other  law  enforcement  officials  charged with
20    maintaining Department of State  Police  records  or  charged
21    with  serving  the  order  upon  respondent. If the order was
22    issued in accordance with subsection (c) of Section  112A-17,
23    the  clerk shall on the next court day, file a certified copy
24    of the order  with  the  Sheriff  or  other  law  enforcement
25    officials charged with maintaining Department of State Police
26    records.
27        (c)  Service  by  sheriff.  Unless respondent was present
28    in court when the order was issued, the  sheriff,  other  law
29    enforcement official or special process server shall promptly
30    serve  that  order  upon  respondent  and  file proof of such
31    service, in the manner provided for  service  of  process  in
 
SB686 Engrossed             -2-                LRB9207951RCcd
 1    civil  proceedings.  Instead  of  serving  the order upon the
 2    respondent,  however,  the  sheriff,  other  law  enforcement
 3    official, or special process server may serve the  respondent
 4    with  a  short  form  notification  as  provided  in  Section
 5    112A-22.10.  If  process  has  not  yet  been served upon the
 6    respondent, it shall be served with the order or  short  form
 7    notification.
 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  112A-17   and
11    received  by  the custodial law enforcement agency before the
12    respondent  or  arrestee  is  released  from   custody,   the
13    custodial  law  enforcement  agent  shall  promptly serve the
14    order upon the respondent or arrestee before  the  respondent
15    or  arrestee  is  released  from  custody.  In no event shall
16    detention of the  respondent  or  arrestee  be  extended  for
17    hearing on the petition for order of protection or receipt of
18    the order issued under Section 112A-17 of this Code.
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    (Source: P.A. 90-392, eff. 1-1-98.)

24        (725 ILCS 5/112A-22.10 new)
25        Sec. 112A-22.10. Short form notification.
26        (a)  Instead  of  personal  service  of   an   order   of
27    protection  under  Section  112A-22,  a  sheriff,  other  law
28    enforcement  official,  or special process server may serve a
29    respondent with a short form  notification.  The  short  form
30    notification must include the following items:
31             (1) The respondent's name.
32             (2) The respondent's date of birth, if known.
33             (3) The petitioner's name.
 
SB686 Engrossed             -3-                LRB9207951RCcd
 1             (4) The names of other protected parties.
 2             (5)  The  date  and  county  in  which  the order of
 3        protection was filed.
 4             (6) The court file number.
 5             (7) The hearing date and time, if known.
 6             (8) The conditions that  apply  to  the  respondent,
 7        either in checklist form or handwritten.
 8             (9) The name of the judge who signed the order.
 9        (b)   The   short  form  notification  must  contain  the
10    following notice in bold print:
11        "The order of protection is  now  enforceable.  You  must
12        report  to the office of the sheriff or the office of the
13        circuit court in (name of county) County to obtain a copy
14        of the order of protection. You are subject to arrest and
15        may be charged  with  a  misdemeanor  or  felony  if  you
16        violate any of the terms of the order of protection."
17        (c)  Upon  verification of the identity of the respondent
18    and the existence of an unserved order of protection  against
19    the  respondent,  a sheriff or other law enforcement official
20    may detain the respondent for a reasonable time necessary  to
21    complete and serve the short form notification.
22        (d) When service is made by short form notification under
23    this  Section,  it  may  be  proved  by  the affidavit of the
24    sheriff, other law enforcement official, or  special  process
25    server making the service.
26        (e) The Attorney General shall provide adequate copies of
27    the  short form notification form to law enforcement agencies
28    in this State.

29        Section 10.  The Illinois Domestic Violence Act  of  1986
30    is  amended by changing Section 222 and adding Section 222.10
31    as follows:

32        (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
 
SB686 Engrossed             -4-                LRB9207951RCcd
 1        Sec. 222.  Notice of orders.
 2        (a)  Entry and issuance.  Upon issuance of any  order  of
 3    protection, the clerk shall immediately, or on the next court
 4    day  if  an  emergency  order  is  issued  in accordance with
 5    subsection (c) of Section 217, (i) enter  the  order  on  the
 6    record  and  file  it  in  accordance  with the circuit court
 7    procedures and (ii) provide a file stamped copy of the  order
 8    to respondent, if present, and to petitioner.
 9        (b)  Filing with sheriff.  The clerk of the issuing judge
10    shall,  or  the petitioner may, on the same day that an order
11    of protection is issued, file a certified copy of that  order
12    with  the  sheriff or other law enforcement officials charged
13    with  maintaining  Department  of  State  Police  records  or
14    charged with serving the order upon respondent. If the  order
15    was  issued in accordance with subsection (c) of Section 217,
16    the clerk shall on the next court day, file a certified  copy
17    of  the  order  with  the  Sheriff  or  other law enforcement
18    officials charged with maintaining Department of State Police
19    records.
20        (c)  Service by sheriff.  Unless respondent  was  present
21    in  court  when  the order was issued, the sheriff, other law
22    enforcement official or special process server shall promptly
23    serve that order upon  respondent  and  file  proof  of  such
24    service,  in  the  manner  provided for service of process in
25    civil proceedings. Instead of  serving  the  order  upon  the
26    respondent,  however,  the  sheriff,  other  law  enforcement
27    official,  or special process server may serve the respondent
28    with a short form notification as provided in Section 222.10.
29    If process has not yet been served upon  the  respondent,  it
30    shall be served with the order or short form notification.  A
31    single fee may be charged for service of an order obtained in
32    civil  court,  or  for service of such an order together with
33    process, unless waived or deferred under Section 210.
34        (c-5)  If the person against whom the order of protection
 
SB686 Engrossed             -5-                LRB9207951RCcd
 1    is issued is arrested and the  written  order  is  issued  in
 2    accordance with subsection (c) of Section 217 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
 9    petition  for  order  of  protection  or receipt of the order
10    issued under Section 217 of this Act.
11        (d)  Extensions,  modifications  and  revocations.    Any
12    order   extending,   modifying   or  revoking  any  order  of
13    protection shall be promptly recorded, issued and  served  as
14    provided in this Section.
15        (e)  Notice  to  schools.   Upon request the clerk of the
16    issuing judge shall file a certified  copy  of  an  order  of
17    protection   with  the  private  school  or  schools  or  the
18    principal office of the public school district  or  districts
19    in which any children of the petitioner are enrolled.
20        (f)  Disclosure  by schools.  After receiving a certified
21    copy of an order of protection that prohibits a  respondent's
22    access to records, neither a public or private school nor its
23    employees  shall  allow  a  respondent  access to a protected
24    child's records or release information in  those  records  to
25    the  respondent.  The school shall file the copy of the order
26    of protection in the records of a child who  is  a  protected
27    person under the order of protection.
28    (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)

29        (750 ILCS 60/222.10 new)
30        Sec. 222.10. Short form notification.
31        (a) Instead of personal service of an order of protection
32    under Section 222, a sheriff, other law enforcement official,
33    or special process server may serve a respondent with a short
 
SB686 Engrossed             -6-                LRB9207951RCcd
 1    form  notification.  The short form notification must include
 2    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  order  of
 8        protection 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             (9) The name of the judge who signed the order.
14        (b)  The  short  form  notification  must   contain   the
15    following notice in bold print:
16        "The  order  of  protection  is now enforceable. You must
17        report to the office of the sheriff or the office of  the
18        circuit court in (name of county) County to obtain a copy
19        of the order of protection. You are subject to arrest and
20        may  be  charged  with  a  misdemeanor  or  felony if you
21        violate any of the terms of the order of protection."
22        (c) Upon verification of the identity of  the  respondent
23    and  the existence of an unserved order of protection against
24    the respondent, a sheriff or other law  enforcement  official
25    may  detain the respondent for a reasonable time necessary to
26    complete and serve the short form notification.
27        (d) When service is made by short form notification under
28    this Section, it may  be  proved  by  the  affidavit  of  the
29    sheriff,  other  law enforcement official, or special process
30    server making the service.
31        (e) The Attorney General shall provide adequate copies of
32    the short form notification form to law enforcement  agencies
33    in this State.

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