103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2605

 

Introduced 10/18/2023, by Sen. Natalie Toro

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-22  from Ch. 38, par. 112A-22
725 ILCS 5/112A-22.1

    Amends the Code of Criminal Procedure of 1963. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a protective order to the petitioner's workplace. Requires, after receipt of the notification, the manager of the workplace to immediately notify the appropriate law enforcement agency if the respondent is present at the workplace and is looking for the petitioner or if the respondent is present at the workplace during the petitioner's hours of employment. Provides that a sheriff, other law enforcement official, special process servicer, or personnel assigned by the Department of Corrections or Department of Juvenile Justice shall (rather than may) serve a respondent with a short form notification.


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A BILL FOR

 

SB2605LRB103 34270 LNS 64096 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-22 and 112A-22.1 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 protective
9order, the clerk shall immediately, or on the next court day if
10an ex parte order is issued under subsection (e) of Section
11112A-17.5 of this Code, (i) enter the order on the record and
12file it in accordance with the circuit court procedures and
13(ii) provide a file stamped copy of the order to respondent and
14to petitioner, if present, and to the State's Attorney. If the
15victim is not present the State's Attorney shall (i) as soon as
16practicable notify the petitioner the order has been entered
17and (ii) provide a file stamped copy of the order to the
18petitioner within 3 days.
19    (b) Filing with sheriff. The clerk of the issuing judge
20shall, on the same day that a protective order is issued, file
21a copy of that order with the sheriff or other law enforcement
22officials charged with maintaining Illinois State Police
23records or charged with serving the order upon respondent. If

 

 

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1the order was issued under subsection (e) of Section 112A-17.5
2of this Code, the clerk on the next court day shall file a
3certified copy of the order with the sheriff or other law
4enforcement officials charged with maintaining Illinois State
5Police records.
6    (c) (Blank).
7    (c-2) Service by sheriff. Unless respondent was present in
8court when the order was issued, the sheriff, other law
9enforcement official, or special process server shall promptly
10serve that order upon respondent and file proof of the
11service, in the manner provided for service of process in
12civil proceedings. Instead of serving the order upon the
13respondent; however, the sheriff, other law enforcement
14official, special process server, or other persons defined in
15Section 112A-22.1 of this Code may serve the respondent with a
16short form notification as provided in Section 112A-22.1 of
17this Code. If process has not yet been served upon the
18respondent, process shall be served with the order or short
19form notification if the service is made by the sheriff, other
20law enforcement official, or special process server.
21    (c-3) If the person against whom the protective order is
22issued is arrested and the written order is issued under
23subsection (e) of Section 112A-17.5 of this Code and received
24by the custodial law enforcement agency before the respondent
25or arrestee is released from custody, the custodial law
26enforcement agency shall promptly serve the order upon the

 

 

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1respondent or arrestee before the respondent or arrestee is
2released from custody. In no event shall detention of the
3respondent or arrestee be extended for a hearing on the
4petition for protective order or receipt of the order issued
5under Section 112A-17 of this Code.
6    (c-4) Extensions, modifications, and revocations. Any
7order extending, modifying, or revoking any protective order
8shall be promptly recorded, issued, and served as provided in
9this Section.
10    (c-5) (Blank).
11    (d) (Blank).
12    (e) Notice to health care facilities and health care
13practitioners. Upon the request of the petitioner, the clerk
14of the circuit court shall send a certified copy of the
15protective order to any specified health care facility or
16health care practitioner requested by the petitioner at the
17mailing address provided by the petitioner.
18    (f) Disclosure by health care facilities and health care
19practitioners. After receiving a certified copy of a
20protective order that prohibits a respondent's access to
21records, no health care facility or health care practitioner
22shall allow a respondent access to the records of any child who
23is a protected person under the protective order, or release
24information in those records to the respondent, unless the
25order has expired or the respondent shows a certified copy of
26the court order vacating the corresponding protective order

 

 

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1that was sent to the health care facility or practitioner.
2Nothing in this Section shall be construed to require health
3care facilities or health care practitioners to alter
4procedures related to billing and payment. The health care
5facility or health care practitioner may file the copy of the
6protective order in the records of a child who is a protected
7person under the protective order, or may employ any other
8method to identify the records to which a respondent is
9prohibited access. No health care facility or health care
10practitioner shall be civilly or professionally liable for
11reliance on a copy of a protective order, except for willful
12and wanton misconduct.
13    (g) Notice to schools. Upon the request of the petitioner,
14within 24 hours of the issuance of a protective order, the
15clerk of the issuing judge shall send a certified copy of the
16protective order to the day-care facility, pre-school or
17pre-kindergarten, or private school or the principal office of
18the public school district or any college or university in
19which any child who is a protected person under the protective
20order or any child of the petitioner is enrolled as requested
21by the petitioner at the mailing address provided by the
22petitioner. If the child transfers enrollment to another
23day-care facility, pre-school, pre-kindergarten, private
24school, public school, college, or university, the petitioner
25may, within 24 hours of the transfer, send to the clerk written
26notice of the transfer, including the name and address of the

 

 

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1institution to which the child is transferring. Within 24
2hours of receipt of notice from the petitioner that a child is
3transferring to another day-care facility, pre-school,
4pre-kindergarten, private school, public school, college, or
5university, the clerk shall send a certified copy of the order
6to the institution to which the child is transferring.
7    (h) Disclosure by schools. After receiving a certified
8copy of a protective order that prohibits a respondent's
9access to records, neither a day-care facility, pre-school,
10pre-kindergarten, public or private school, college, or
11university nor its employees shall allow a respondent access
12to a protected child's records or release information in those
13records to the respondent. The school shall file the copy of
14the protective order in the records of a child who is a
15protected person under the order. When a child who is a
16protected person under the protective order transfers to
17another day-care facility, pre-school, pre-kindergarten,
18public or private school, college, or university, the
19institution from which the child is transferring may, at the
20request of the petitioner, provide, within 24 hours of the
21transfer, written notice of the protective order, along with a
22certified copy of the order, to the institution to which the
23child is transferring.
24    (i) Notice to workplace. Upon the request of the
25petitioner, the clerk of the circuit court shall send a
26certified copy of the protective order to the petitioner's

 

 

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1current workplace. If the petitioner's workplace changes, the
2petitioner may send to the clerk written notice of the change
3in workplace, including the name and address of the new
4workplace. Within 24 hours of receipt of notice from the
5petitioner that the petitioner's workplace has changed, the
6clerk shall send a certified copy of the protective order to
7the petitioner's new workplace.
8    (j) Notification by workplace. After receiving notice of a
9protective order either by the petitioner or the clerk of the
10circuit court, the manager of the workplace shall immediately
11notify the appropriate law enforcement agency if the
12respondent is present at the workplace and is looking for the
13petitioner or if the respondent is present at the workplace
14during the petitioner's hours of employment.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (725 ILCS 5/112A-22.1)
17    Sec. 112A-22.1. Short form notification.
18    (a) Instead of personal service of a protective order
19under Section 112A-22 of this Code, a sheriff, other law
20enforcement official, special process server, or personnel
21assigned by the Department of Corrections or Department of
22Juvenile Justice to investigate the alleged misconduct of
23committed persons or alleged violations of the person's
24conditions of parole, aftercare release, or mandatory
25supervised release, shall may serve a respondent with a short

 

 

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1form notification. The short form notification shall include
2the following:
3        (1) Respondent's name.
4        (2) Respondent's date of birth, if known.
5        (3) Petitioner's name.
6        (4) Names of other protected parties.
7        (5) Date and county in which the protective order was
8    filed.
9        (6) Court file number.
10        (7) Hearing date and time, if known.
11        (8) Conditions that apply to the respondent, either in
12    checklist form or handwritten.
13    (b) The short form notification shall contain the
14following notice in bold print:
15    "The order is now enforceable. You must report to the
16office 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
18subject to arrest and may be charged with a misdemeanor or
19felony if you violate any of the terms of the order."
20    (c) Upon verification of the identity of the respondent
21and the existence of an unserved order against the respondent,
22a sheriff or other law enforcement official may detain the
23respondent for a reasonable time necessary to complete and
24serve the short form notification.
25    (d) When service is made by short form notification under
26this Section, it may be proved by the affidavit of the person

 

 

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1making the service.
2    (e) The Attorney General shall make the short form
3notification form available to law enforcement agencies in
4this State.
5(Source: P.A. 100-597, eff. 6-29-18.)