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92nd General Assembly

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Public Act 92-0090

SB187 Enrolled                                LRB9206039ARsbA

    AN ACT concerning orders of protection.

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

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

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

    (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
    Sec. 222.  Notice of orders.
    (a)  Entry and issuance.  Upon issuance of any  order  of
protection, the clerk shall immediately, or on the next court
day  if  an  emergency  order  is  issued  in accordance with
subsection (c) of Section 217, (i) enter  the  order  on  the
record  and  file  it  in  accordance  with the circuit court
procedures and (ii) provide a file stamped copy of the  order
to respondent, if present, and to petitioner.
    (b)  Filing with sheriff.  The clerk of the issuing judge
shall,  or  the petitioner may, on the same day that an order
of protection is issued, file a certified copy of that  order
with  the  sheriff or other law enforcement officials charged
with  maintaining  Department  of  State  Police  records  or
charged with serving the order upon respondent. If the  order
was  issued in accordance with subsection (c) of Section 217,
the clerk shall on the next court day, file a certified  copy
of  the  order  with  the  Sheriff  or  other law enforcement
officials charged with maintaining Department of State Police
records.
    (c)  Service by sheriff.  Unless respondent  was  present
in  court  when  the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon  respondent  and  file  proof  of  such
service,  in  the  manner  provided for service of process in
civil proceedings.  If process has not yet been  served  upon
the  respondent, it shall be served with the order.  A single
fee may be charged for service of an order obtained in  civil
court, or for service of such an order together with process,
unless waived or deferred under Section 210.
    (c-5)  If the person against whom the order of protection
is  issued  is  arrested  and  the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee  is  released  from  custody,  the   custodial   law
enforcement  agent  shall  promptly  serve the order upon the
respondent or arrestee before the respondent or  arrestee  is
released  from  custody.   In no event shall detention of the
respondent  or  arrestee  be  extended  for  hearing  on  the
petition for order of protection  or  receipt  of  the  order
issued under Section 217 of this Act.
    (d)  Extensions,   modifications  and  revocations.   Any
order  extending,  modifying  or  revoking   any   order   of
protection  shall  be promptly recorded, issued and served as
provided in this Section.
    (e)  Notice  to  schools.   Upon  the  request   of   the
petitioner,  within  24  hours of the issuance of an order of
protection, Upon request the clerk of the issuing judge shall
send written notice of the order  of  protection  along  with
file  a  certified copy of the an order of protection to with
the day-care facility,  pre-school  or  pre-kindergarten,  or
private  school  or  schools  or  the principal office of the
public school  district  or  any  college  or  university  or
districts  in which any child who is a protected person under
the  order  of  protection  or  any  child  children  of  the
petitioner is are enrolled. If the child transfers enrollment
to another day-care facility,  pre-school,  pre-kindergarten,
private  school,  public  school, college, or university, the
petitioner may, within 24 hours  of the transfer, send to the
clerk written notice of the transfer, including the name and
address  of  the  institution   to   which   the   child   is
transferring.   Within 24 hours of receipt of notice from the
petitioner that a child is transferring to  another  day-care
facility,   pre-school,   pre-kindergarten,  private  school,
public school, college, or university, the clerk  shall  send
written  notice  of  the  order  of  protection, along with a
certified copy of the order, to the institution to which  the
child is transferring.
    (f)  Disclosure  by schools.  After receiving a certified
copy of an order of protection that prohibits a  respondent's
access  to  records, neither a day-care facility, pre-school,
pre-kindergarten,  public  or  private  school,  college,  or
university nor its employees shall allow a respondent  access
to  a  protected  child's  records  or release information in
those records to the respondent.  The school shall  file  the
copy of the order of protection in the records of a child who
is  a protected person under the order of protection.  When a
child who is a protected person under the order of protection
transfers   to   another   day-care   facility,   pre-school,
pre-kindergarten,  public  or  private  school,  college,  or
university,  the  institution  from  which   the   child   is
transferring  may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the  order
of  protection,  along with a certified copy of the order, to
the institution to which the child is transferring.
(Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 25, 2001.
    Approved July 18, 2001.
    Effective July 18, 2001.

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