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| | 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 | |
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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 |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Sections 112A-22 and 112A-22.1 as follows:
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6 | | (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
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7 | | Sec. 112A-22. Notice of orders.
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8 | | (a) Entry and issuance. Upon issuance
of any protective |
9 | | order, the clerk shall
immediately, or on the next court day if |
10 | | an ex parte order is issued under subsection (e) of Section |
11 | | 112A-17.5 of this Code,
(i) enter the order on the record and |
12 | | file it
in accordance with the circuit court
procedures and |
13 | | (ii) provide a file stamped copy of the order to
respondent and |
14 | | to petitioner, if present, and to the State's Attorney. If the |
15 | | victim is not present the State's Attorney shall (i) as soon as |
16 | | practicable notify the petitioner the order has been entered |
17 | | and (ii) provide a file stamped copy of the order to the |
18 | | petitioner within 3 days.
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19 | | (b) Filing with sheriff. The clerk of the issuing judge |
20 | | shall, on the same day that a protective order is
issued, file |
21 | | a copy of that order with the sheriff or other law enforcement
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22 | | officials charged with maintaining Illinois State Police |
23 | | records or charged with serving the order upon respondent. If |
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1 | | the order was issued under subsection (e) of Section 112A-17.5 |
2 | | of this Code, the clerk on the next court day shall file a |
3 | | certified copy of the order with the sheriff or other law |
4 | | enforcement officials charged with maintaining Illinois State |
5 | | Police records.
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6 | | (c) (Blank).
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7 | | (c-2) Service by sheriff. Unless respondent was present in |
8 | | court when the order was issued, the sheriff, other law |
9 | | enforcement official, or special process server shall promptly |
10 | | serve that order upon respondent and file proof of the |
11 | | service, in the manner provided for service of process in |
12 | | civil proceedings. Instead of serving the order upon the |
13 | | respondent; however, the sheriff, other law enforcement |
14 | | official, special process server, or other persons defined in |
15 | | Section 112A-22.1 of this Code may serve the respondent with a |
16 | | short form notification as provided in Section 112A-22.1 of |
17 | | this Code. If process has not yet been served upon the |
18 | | respondent, process shall be served with the order or short |
19 | | form notification if the service is made by the sheriff, other |
20 | | law enforcement official, or special process server. |
21 | | (c-3) If the person against whom the protective order is |
22 | | issued is arrested and the written order is issued under |
23 | | subsection (e) of Section 112A-17.5 of this Code and received |
24 | | by the custodial law enforcement agency before the respondent |
25 | | or arrestee is released from custody, the custodial law |
26 | | enforcement agency shall promptly serve the order upon the |
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1 | | respondent or arrestee before the respondent or arrestee is |
2 | | released from custody. In no event shall detention of the |
3 | | respondent or arrestee be extended for a hearing on the |
4 | | petition for protective order or receipt of the order issued |
5 | | under Section 112A-17 of this Code. |
6 | | (c-4) Extensions, modifications, and revocations. Any |
7 | | order extending, modifying, or revoking any protective order |
8 | | shall be promptly recorded, issued, and served as provided in |
9 | | this Section. |
10 | | (c-5) (Blank).
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11 | | (d) (Blank).
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12 | | (e) Notice to health care facilities and health care |
13 | | practitioners. Upon the request of the petitioner, the clerk |
14 | | of the circuit court shall send a certified copy of the |
15 | | protective order to any specified health care facility or |
16 | | health care practitioner requested by the petitioner at the |
17 | | mailing address provided by the petitioner. |
18 | | (f) Disclosure by health care facilities and health care |
19 | | practitioners. After receiving a certified copy of a |
20 | | protective order that prohibits a respondent's access to |
21 | | records, no health care facility or health care practitioner |
22 | | shall allow a respondent access to the records of any child who |
23 | | is a protected person under the protective order, or release |
24 | | information in those records to the respondent, unless the |
25 | | order has expired or the respondent shows a certified copy of |
26 | | the court order vacating the corresponding protective order |
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1 | | that was sent to the health care facility or practitioner. |
2 | | Nothing in this Section shall be construed to require health
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3 | | care facilities or health care practitioners to alter |
4 | | procedures related to billing and payment. The health care |
5 | | facility or health care practitioner may file the copy of the |
6 | | protective order in the records of a child who is a protected |
7 | | person under the protective order, or may employ any other |
8 | | method to identify the records to which a respondent is |
9 | | prohibited access. No health care facility or health care |
10 | | practitioner shall be civilly or professionally liable for
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11 | | reliance on a copy of a protective order, except for willful |
12 | | and wanton misconduct. |
13 | | (g) Notice to schools. Upon the request of the petitioner, |
14 | | within 24
hours of the issuance of a protective order, the |
15 | | clerk of the issuing judge shall
send a certified copy of
the |
16 | | protective order to the day-care facility,
pre-school or |
17 | | pre-kindergarten, or private school or the principal
office of |
18 | | the public school district or any college or university in |
19 | | which any child who
is a protected person under the protective |
20 | | order or any child
of
the
petitioner is enrolled as requested |
21 | | by the petitioner at the mailing address provided by the |
22 | | petitioner.
If the child transfers enrollment to another |
23 | | day-care facility, pre-school,
pre-kindergarten,
private |
24 | | school, public school, college, or university, the petitioner |
25 | | may,
within 24 hours
of the transfer, send to the clerk written |
26 | | notice of the transfer, including
the name and
address of the |
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1 | | institution to which the child is transferring.
Within 24 |
2 | | hours of receipt of notice
from the petitioner that a child is |
3 | | transferring to another day-care facility,
pre-school, |
4 | | pre-kindergarten, private school, public school, college, or
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5 | | university, the clerk shall send a certified copy of the order |
6 | | to the institution to which the child
is
transferring. |
7 | | (h) Disclosure by schools. After receiving a certified |
8 | | copy of a protective order that prohibits a respondent's |
9 | | access to records, neither a
day-care facility, pre-school, |
10 | | pre-kindergarten, public
or private school, college, or |
11 | | university nor its employees shall allow a
respondent access |
12 | | to a
protected child's records or release information in those |
13 | | records to the
respondent. The school shall file
the copy of |
14 | | the protective order in the records of a child who
is a |
15 | | protected person under the order. When a child who is a
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16 | | protected person under the protective order transfers to |
17 | | another day-care
facility, pre-school, pre-kindergarten, |
18 | | public or private school, college, or
university, the |
19 | | institution from which the child is transferring may, at the
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20 | | request of the petitioner, provide,
within 24 hours of the |
21 | | transfer, written notice of the protective order,
along with a |
22 | | certified copy of the order, to the institution to which the |
23 | | child
is
transferring. |
24 | | (i) Notice to workplace. Upon the request of the |
25 | | petitioner, the clerk of the circuit court shall send a |
26 | | certified copy of the protective order to the petitioner's |
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1 | | current workplace. If the petitioner's workplace changes, the |
2 | | petitioner may send to the clerk written notice of the change |
3 | | in workplace, including the name and address of the new |
4 | | workplace. Within 24 hours of receipt of notice from the |
5 | | petitioner that the petitioner's workplace has changed, the |
6 | | clerk shall send a certified copy of the protective order to |
7 | | the petitioner's new workplace. |
8 | | (j) Notification by workplace. After receiving notice of a |
9 | | protective order either by the petitioner or the clerk of the |
10 | | circuit court, the manager of the workplace shall immediately |
11 | | notify the appropriate law enforcement agency if the |
12 | | respondent is present at the workplace and is looking for the |
13 | | petitioner or if the respondent is present at the workplace |
14 | | during the petitioner's hours of employment. |
15 | | (Source: P.A. 102-538, eff. 8-20-21.)
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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 |
19 | | under Section 112A-22 of this Code, a sheriff, other law |
20 | | enforcement official, special process server, or personnel |
21 | | assigned by the Department of Corrections or Department of |
22 | | Juvenile Justice to investigate the alleged misconduct of |
23 | | committed persons or alleged violations of the person's |
24 | | conditions of parole, aftercare release, or mandatory |
25 | | supervised release, shall may serve a respondent with a short |
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1 | | form notification. The short form notification shall include |
2 | | the 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 |
14 | | following notice in bold print: |
15 | | "The order is now enforceable. You must report to the |
16 | | office 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 |
18 | | subject to arrest and may be charged with a misdemeanor or |
19 | | felony if you violate any of the terms of the order." |
20 | | (c) Upon verification of the identity of the respondent |
21 | | and the existence of an unserved order against the respondent, |
22 | | a sheriff or other law enforcement official may detain the |
23 | | respondent for a reasonable time necessary to complete and |
24 | | serve the short form notification. |
25 | | (d) When service is made by short form notification under |
26 | | this Section, it may be proved by the affidavit of the person |