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92nd General Assembly

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Public Act 92-0162

SB686 Enrolled                                 LRB9207951RCcd

    AN ACT in relation to criminal law.

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

    Section  5.  The  Code  of  Criminal Procedure of 1963 is
amended  by  changing  Section  112A-22  and  adding  Section
112A-22.10 as follows:

    (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
    Sec. 112A-22.  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 112A-17, (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 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 112A-17,
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. Instead of  serving  the  order  upon  the
respondent,  however,  the  sheriff,  other  law  enforcement
official,  or special process server may serve the respondent
with  a  short  form  notification  as  provided  in  Section
112A-22.10. If process has  not  yet  been  served  upon  the
respondent,  it  shall be served with the order or short form
notification.
    (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  112A-17  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 112A-17 of this Code.
    (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.
(Source: P.A. 90-392, eff. 1-1-98.)

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

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

    (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.  Instead  of  serving  the order upon the
respondent,  however,  the  sheriff,  other  law  enforcement
official, or special process server may serve the  respondent
with a short form notification as provided in Section 222.10.
If  process  has  not yet been served upon the respondent, it
shall be served with the order or short form notification.  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 request the  clerk  of  the
issuing  judge  shall  file  a  certified copy of an order of
protection  with  the  private  school  or  schools  or   the
principal  office  of the public school district or districts
in which any children of the petitioner are enrolled.
    (f)  Disclosure by schools.  After receiving a  certified
copy  of an order of protection that prohibits a respondent's
access to records, neither a public or private school 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.
(Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)

    (750 ILCS 60/222.10 new)
    Sec. 222.10. Short form notification.
    (a) Instead of personal service of an order of protection
under Section 222, a sheriff, other law enforcement official,
or special process server may serve a respondent with a short
form notification. The short form notification  must  include
the following items:
         (1) The respondent's name.
         (2) The respondent's date of birth, if known.
         (3) The petitioner's name.
         (4) The names of other protected parties.
         (5)  The  date  and  county  in  which  the order of
    protection was filed.
         (6) The court file number.
         (7) The hearing date and time, if known.
         (8) The conditions that  apply  to  the  respondent,
    either in checklist form or handwritten.
         (9) The name of the judge who signed the order.
    (b)   The   short  form  notification  must  contain  the
following notice in bold print:
    "The order of protection is  now  enforceable.  You  must
    report  to the office of the sheriff or the office of the
    circuit court in (name of county) County to obtain a copy
    of the order of protection. You are subject to arrest and
    may be charged  with  a  misdemeanor  or  felony  if  you
    violate any of the terms of the order of protection."
    (c)  Upon  verification of the identity of the respondent
and the existence of an unserved order of protection  against
the  respondent,  a sheriff or other law enforcement official
may detain the respondent for a reasonable time necessary  to
complete and serve the short form notification.
    (d) When service is made by short form notification under
this  Section,  it  may  be  proved  by  the affidavit of the
sheriff, other law enforcement official, or  special  process
server making the service.
    (e) The Attorney General shall provide adequate copies of
the  short form notification form to law enforcement agencies
in this State.
    Passed in the General Assembly May 08, 2001.
    Approved July 25, 2001.

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