Sen. Chapin Rose

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 899

2    AMENDMENT NO. ______. Amend Senate Bill 899 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Section
62605-375 as follows:
 
7    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
8    Sec. 2605-375. Missing persons; Law Enforcement Agencies
9Data System (LEADS).
10    (a) To establish and maintain a statewide Law Enforcement
11Agencies Data System (LEADS) for the purpose of providing
12electronic access by authorized entities to criminal justice
13data repositories and effecting an immediate law enforcement
14response to reports of missing persons, including lost, missing
15or runaway minors, lost or missing individuals with
16developmental or intellectual disabilities, and missing

 

 

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1endangered seniors. The Department shall implement an
2automatic data exchange system to compile, to maintain, and to
3make available to other law enforcement agencies for immediate
4dissemination data that can assist appropriate agencies in
5recovering missing persons and provide access by authorized
6entities to various data repositories available through LEADS
7for criminal justice and related purposes. To assist the
8Department in this effort, funds may be appropriated from the
9LEADS Maintenance Fund. Funds may be appropriated from the
10LEADS Maintenance Fund to the Department to finance any of its
11lawful purposes or functions in relation to defraying the
12expenses associated with establishing, maintaining, and
13supporting the issuance of electronic citations. Information
14required to be entered into the statewide Law Enforcement
15Agencies Data System (LEADS) shall be electronically entered
16into the System upon receipt. Arrest information shall be
17electronically transmitted by the arresting agency to the
18Department immediately upon a person's arrest. Charge and
19dispositional information shall be electronically transmitted
20by the clerk of the court to the Department which shall
21immediately enter that information into the System upon
22receipt.
23    (b) In exercising its duties under this Section, the
24Department shall provide a uniform reporting format (LEADS) for
25the entry of pertinent information regarding the report of a
26missing person into LEADS. The report must include all of the

 

 

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1following:
2        (1) Relevant information obtained from the
3    notification concerning the missing person, including all
4    of the following:
5            (A) a physical description of the missing person;
6            (B) the date, time, and place that the missing
7        person was last seen; and
8            (C) the missing person's address.
9        (2) Information gathered by a preliminary
10    investigation, if one was made.
11        (3) A statement by the law enforcement officer in
12    charge stating the officer's assessment of the case based
13    on the evidence and information received.
14    (b-5) The Department of State Police shall:
15        (1) Develop and implement a policy whereby a statewide
16    or regional alert would be used in situations relating to
17    the disappearances of individuals, based on criteria and in
18    a format established by the Department. Such a format shall
19    include, but not be limited to, the age of the missing
20    person and the suspected circumstance of the
21    disappearance.
22        (2) Notify all law enforcement agencies that reports of
23    missing persons shall be entered as soon as the minimum
24    level of data specified by the Department is available to
25    the reporting agency and that no waiting period for the
26    entry of the data exists.

 

 

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1        (3) Compile and retain information regarding lost,
2    abducted, missing, or runaway minors in a separate data
3    file, in a manner that allows that information to be used
4    by law enforcement and other agencies deemed appropriate by
5    the Director, for investigative purposes. The information
6    shall include the disposition of all reported lost,
7    abducted, missing, or runaway minor cases.
8        (4) Compile and maintain an historic data repository
9    relating to lost, abducted, missing, or runaway minors and
10    other missing persons, including, but not limited to, lost
11    or missing individuals with developmental or intellectual
12    disabilities and missing endangered seniors, in order to
13    develop and improve techniques utilized by law enforcement
14    agencies when responding to reports of missing persons.
15        (5) Create a quality control program regarding
16    confirmation of missing person data, timeliness of entries
17    of missing person reports into LEADS, and performance
18    audits of all entering agencies.
19    (c) The Illinois Law Enforcement Training Standards Board
20shall conduct a training program for law enforcement personnel
21of local governmental agencies in the Missing Persons
22Identification Act.
23    (d) The Department of State Police shall perform the duties
24prescribed in the Missing Persons Identification Act, subject
25to appropriation.
26(Source: P.A. 100-662, eff. 1-1-19.)
 

 

 

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1    Section 10. The Firearms Restraining Order Act is amended
2by changing Sections 50 and 55 as follows:
 
3    (430 ILCS 67/50)
4    Sec. 50. Notice of orders.
5    (a) Entry and issuance. Upon issuance of any firearms
6restraining order, the clerk shall immediately: , or on the next
7court day if an emergency firearms restraining order is issued
8in accordance with Section 35 of this Act (emergency firearms
9restraining order), (i) enter the order on the record and file
10it in accordance with the circuit court procedures and (ii)
11provide a file stamped copy of the order to the respondent, if
12present, and to the petitioner.
13    (b) Filing with sheriff. The clerk of the issuing judge
14shall, or the petitioner may, immediately electronically
15transmit, when on the same day that a firearms restraining
16order is issued, file a certified copy of that order with the
17sheriff or other law enforcement officials charged with
18maintaining Department of State Police records or charged with
19serving the order upon the respondent. If the order was issued
20in accordance with Section 35 of this Act (emergency firearms
21restraining order), the clerk shall immediately electronically
22transmit on the next court day, file a certified copy of the
23order to with the sheriff or other law enforcement officials
24charged with maintaining Department of State Police records,

 

 

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1which shall immediately enter the order into the Law
2Enforcement Agencies Data System.
3    (c) Service by sheriff. Unless the respondent was present
4in court when the order was issued, the sheriff or other law
5enforcement official shall promptly serve that order upon the
6respondent and file proof of the service, in the manner
7provided for service of process in civil proceedings. Instead
8of serving the order upon the respondent, however, the sheriff,
9other law enforcement official, or other persons defined in
10Section 112A-22.10 of the Code of Criminal Procedure Criminal
11Code of 1963 may serve the respondent with a short form
12notification as provided in that Section. If process has not
13yet been served upon the respondent, it shall be served with
14the order or short form notification if the service is made by
15the sheriff, or other law enforcement official.
16    (d) Any order renewing or terminating any firearms
17restraining order shall be promptly recorded, issued, and
18served as provided in this Section.
19(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
20    (430 ILCS 67/55)
21    Sec. 55. Data maintenance by law enforcement agencies.
22    (a) All sheriffs shall furnish to the Department of State
23Police, daily, in the form and detail the Department requires,
24copies of any recorded firearms restraining orders order issued
25by the court, and any foreign orders of protection filed by the

 

 

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1clerk of the court, and transmitted to the sheriff by the clerk
2of the court under Section 50. Each firearms restraining order
3shall be immediately entered in the Law Enforcement Agencies
4Data System (LEADS) electronically when on the same day it is
5issued by the court. If an emergency firearms restraining order
6was issued in accordance with Section 35 of this Act, the order
7shall be immediately entered in the Law Enforcement Agencies
8Data System (LEADS) as soon as possible after receipt from the
9clerk.
10    (b) The Department of State Police shall maintain a
11complete and systematic record and index of all valid and
12recorded firearms restraining orders issued or filed under this
13Act. The data shall be used to inform all dispatchers and law
14enforcement officers at the scene of a violation of a firearms
15restraining order of the effective dates and terms of any
16recorded order of protection.
17    (c) The data, records, and transmittals required under this
18Section shall pertain to any valid emergency or 6-month
19firearms restraining order, whether issued in a civil or
20criminal proceeding or authorized under the laws of another
21state, tribe, or United States territory.
22(Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
 
23    Section 15. The Code of Criminal Procedure of 1963 is
24amended by changing Section 112A-28 as follows:
 

 

 

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1    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
2    Sec. 112A-28. Data maintenance by law enforcement
3agencies.
4    (a) All sheriffs shall furnish to the Department of State
5Police, daily, in the form and detail the Department requires,
6copies of any recorded protective orders issued by the court,
7and any foreign protective orders filed by the clerk of the
8court, and transmitted to the sheriff by the clerk of the
9court. Each protective order shall be immediately entered in
10the Law Enforcement Agencies Data System electronically when on
11the same day it is issued by the court.
12    (b) The Department of State Police shall maintain a
13complete and systematic record and index of all valid and
14recorded protective orders issued or filed under this Act. The
15data shall be used to inform all dispatchers and law
16enforcement officers at the scene of an alleged incident of
17abuse or violation of a protective order of any recorded prior
18incident of abuse involving the abused party and the effective
19dates and terms of any recorded protective order.
20    (c) The data, records and transmittals required under this
21Section shall pertain to:
22        (1) any valid emergency, interim or plenary domestic
23    violence order of protection, civil no contact or stalking
24    no contact order issued in a civil proceeding; and
25        (2) any valid ex parte or final protective order issued
26    in a criminal proceeding or authorized under the laws of

 

 

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1    another state, tribe, or United States territory.
2(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
3    Section 20. The Stalking No Contact Order Act is amended by
4changing Sections 95 and 115 as follows:
 
5    (740 ILCS 21/95)
6    Sec. 95. Emergency stalking no contact order.
7    (a) An emergency stalking no contact order shall issue if
8the petitioner satisfies the requirements of this subsection
9(a). The petitioner shall establish that:
10        (1) the court has jurisdiction under Section 50;
11        (2) the requirements of Section 80 are satisfied; and
12        (3) there is good cause to grant the remedy, regardless
13    of prior service of process or of notice upon the
14    respondent, because the harm which that remedy is intended
15    to prevent would be likely to occur if the respondent were
16    given any prior notice, or greater notice than was actually
17    given, of the petitioner's efforts to obtain judicial
18    relief.
19    An emergency stalking no contact order shall be issued by
20the court if it appears from the contents of the petition and
21the examination of the petitioner that the averments are
22sufficient to indicate stalking by the respondent and to
23support the granting of relief under the issuance of the
24stalking no contact order.

 

 

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1    An emergency stalking no contact order shall be issued if
2the court finds that items (1), (2), and (3) of this subsection
3(a) are met.
4    (b) If the respondent appears in court for this hearing for
5an emergency order, he or she may elect to file a general
6appearance and testify. Any resulting order may be an emergency
7order, governed by this Section. Notwithstanding the
8requirements of this Section, if all requirements of Section
9100 have been met, the court may issue a plenary order.
10    (c) Emergency orders; court holidays and evenings.
11        (1) When the court is unavailable at the close of
12    business, the petitioner may file a petition for a 21-day
13    emergency order before any available circuit judge or
14    associate judge who may grant relief under this Act. If the
15    judge finds that there is an immediate and present danger
16    of abuse against the petitioner and that the petitioner has
17    satisfied the prerequisites set forth in subsection (a),
18    that judge may issue an emergency stalking no contact
19    order.
20        (2) The chief judge of the circuit court may designate
21    for each county in the circuit at least one judge to be
22    reasonably available to issue orally, by telephone, by
23    facsimile, or otherwise, an emergency stalking no contact
24    order at all times, whether or not the court is in session.
25        (3) Any order issued under this Section and any
26    documentation in support of the order shall be certified

 

 

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1    immediately on the next court day to the appropriate court.
2    The clerk of that court shall immediately assign a case
3    number, file the petition, order, and other documents with
4    the court, and enter the order of record and file it with
5    the sheriff for service, in accordance with Section 60.
6    Filing the petition shall commence proceedings for further
7    relief under Section 20. Failure to comply with the
8    requirements of this paragraph (3) does not affect the
9    validity of the order.
10(Source: P.A. 96-246, eff. 1-1-10.)
 
11    (740 ILCS 21/115)
12    Sec. 115. Notice of orders.
13    (a) Upon issuance of any stalking no contact order, the
14clerk shall immediately, or on the next court day if an
15emergency order is issued in accordance with subsection (c) of
16Section 95:
17        (1) enter the order on the record and file it in
18    accordance with the circuit court procedures; and
19        (2) provide a file stamped copy of the order to the
20    respondent, if present, and to the petitioner.
21    (b) The clerk of the issuing judge shall, or the petitioner
22may, immediately, when on the same day that a stalking no
23contact order is issued, electronically transmit file a
24certified copy of that order to with the sheriff or other law
25enforcement officials charged with maintaining Department of

 

 

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1State Police records or charged with serving the order upon the
2respondent, which shall immediately enter the order into the
3Law Enforcement Agencies Data System. If the order was issued
4in accordance with subsection (c) of Section 95, the clerk
5shall, on the next court day, file a certified copy of the
6order with the sheriff or other law enforcement officials
7charged with maintaining Department of State Police records. If
8the respondent, at the time of the issuance of the order, is
9committed to the custody of the Illinois Department of
10Corrections or Illinois Department of Juvenile Justice or is on
11parole, aftercare release, or mandatory supervised release,
12the sheriff or other law enforcement officials charged with
13maintaining Department of State Police records shall notify the
14Department of Corrections or Department of Juvenile Justice
15within 48 hours of receipt of a copy of the stalking no contact
16order from the clerk of the issuing judge or the petitioner.
17Such notice shall include the name of the respondent, the
18respondent's IDOC inmate number or IDJJ youth identification
19number, the respondent's date of birth, and the LEADS Record
20Index Number.
21    (c) Unless the respondent was present in court when the
22order was issued, the sheriff, other law enforcement official,
23or special process server shall promptly serve that order upon
24the respondent and file proof of such service in the manner
25provided for service of process in civil proceedings. Instead
26of serving the order upon the respondent, however, the sheriff,

 

 

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1other law enforcement official, special process server, or
2other persons defined in Section 117 may serve the respondent
3with a short form notification as provided in Section 117. If
4process has not yet been served upon the respondent, it shall
5be served with the order or short form notification if such
6service is made by the sheriff, other law enforcement official,
7or special process server.
8    (d) If the person against whom the stalking no contact
9order is issued is arrested and the written order is issued in
10accordance with subsection (c) of Section 95 and received by
11the custodial law enforcement agency before the respondent or
12arrestee is released from custody, the custodial law
13enforcement agent shall promptly serve the order upon the
14respondent or arrestee before the respondent or arrestee is
15released from custody. In no event shall detention of the
16respondent or arrestee be extended for hearing on the petition
17for stalking no contact order or receipt of the order issued
18under Section 95 of this Act.
19    (e) Any order extending, modifying, or revoking any
20stalking no contact order shall be promptly recorded, issued,
21and served as provided in this Section.
22    (f) Upon the request of the petitioner, within 24 hours of
23the issuance of a stalking no contact order, the clerk of the
24issuing judge shall send written notice of the order along with
25a certified copy of the order to any school, daycare, college,
26or university at which the petitioner is enrolled.

 

 

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1(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
298-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
3    Section 25. The Civil No Contact Order Act is amended by
4changing Sections 214 and 218 as follows:
 
5    (740 ILCS 22/214)
6    Sec. 214. Emergency civil no contact order.
7    (a) An emergency civil no contact order shall issue if the
8petitioner satisfies the requirements of this subsection (a).
9The petitioner shall establish that:
10        (1) the court has jurisdiction under Section 206;
11        (2) the requirements of Section 213 are satisfied; and
12        (3) there is good cause to grant the remedy, regardless
13    of prior service of process or of notice upon the
14    respondent, because the harm which that remedy is intended
15    to prevent would be likely to occur if the respondent were
16    given any prior notice, or greater notice than was actually
17    given, of the petitioner's efforts to obtain judicial
18    relief.
19    An emergency civil no contact order shall be issued by the
20court if it appears from the contents of the petition and the
21examination of the petitioner that the averments are sufficient
22to indicate nonconsensual sexual conduct or nonconsensual
23sexual penetration by the respondent and to support the
24granting of relief under the issuance of the civil no contact

 

 

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1order.
2    An emergency civil no contact order shall be issued if the
3court finds that subsections (1), (2), and (3) above are met.
4    (b) If the respondent appears in court for this hearing for
5an emergency order, he or she may elect to file a general
6appearance and testify. Any resulting order may be an emergency
7order, governed by this Section. Notwithstanding the
8requirements of this Section, if all requirements of Section
9215 have been met, the court may issue a plenary order.
10    (c) Emergency orders; court holidays and evenings.
11        (1) When the court is unavailable at the close of
12    business, the petitioner may file a petition for a 21-day
13    emergency order before any available circuit judge or
14    associate judge who may grant relief under this Act. If the
15    judge finds that there is an immediate and present danger
16    of abuse against the petitioner and that the petitioner has
17    satisfied the prerequisites set forth in subsection (a),
18    that judge may issue an emergency civil no contact order.
19        (2) The chief judge of the circuit court may designate
20    for each county in the circuit at least one judge to be
21    reasonably available to issue orally, by telephone, by
22    facsimile, or otherwise, an emergency civil no contact
23    order at all times, whether or not the court is in session.
24        (3) Any order issued under this Section and any
25    documentation in support of the order shall be certified
26    immediately on the next court day to the appropriate court.

 

 

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1    The clerk of that court shall immediately assign a case
2    number, file the petition, order, and other documents with
3    the court, and enter the order of record and file it with
4    the sheriff for service, in accordance with Section 222.
5    Filing the petition shall commence proceedings for further
6    relief under Section 202. Failure to comply with the
7    requirements of this paragraph (3) does not affect the
8    validity of the order.
9(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; 94-360,
10eff. 1-1-06.)
 
11    (740 ILCS 22/218)
12    Sec. 218. Notice of orders.
13    (a) Upon issuance of any civil no contact order, the clerk
14shall immediately, or on the next court day if an emergency
15order is issued in accordance with subsection (c) of Section
16214:
17        (1) enter the order on the record and file it in
18    accordance with the circuit court procedures; and
19        (2) provide a file stamped copy of the order to the
20    respondent, if present, and to the petitioner.
21    (b) The clerk of the issuing judge shall, or the petitioner
22may, immediately, when on the same day that a civil no contact
23order is issued, electronically transmit file a certified copy
24of that order to with the sheriff or other law enforcement
25officials charged with maintaining Department of State Police

 

 

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1records or charged with serving the order upon the respondent,
2which shall immediately enter the order into the Law
3Enforcement Agencies Data System. If the order was issued in
4accordance with subsection (c) of Section 214, the clerk shall,
5on the next court day, file a certified copy of the order with
6the Sheriff or other law enforcement officials charged with
7maintaining Department of State Police records. If the
8respondent, at the time of the issuance of the order, is
9committed to the custody of the Illinois Department of
10Corrections or Illinois Department of Juvenile Justice, or is
11on parole, aftercare release, or mandatory supervised release,
12the sheriff or other law enforcement officials charged with
13maintaining Department of State Police records shall notify the
14Department of Corrections or Department of Juvenile Justice
15within 48 hours of receipt of a copy of the civil no contact
16order from the clerk of the issuing judge or the petitioner.
17Such notice shall include the name of the respondent, the
18respondent's IDOC inmate number or IDJJ youth identification
19number, the respondent's date of birth, and the LEADS Record
20Index Number.
21    (c) Unless the respondent was present in court when the
22order was issued, the sheriff, other law enforcement official,
23or special process server shall promptly serve that order upon
24the respondent and file proof of such service in the manner
25provided for service of process in civil proceedings. Instead
26of serving the order upon the respondent, however, the sheriff,

 

 

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1other law enforcement official, special process server, or
2other persons defined in Section 218.1 may serve the respondent
3with a short form notification as provided in Section 218.1. If
4process has not yet been served upon the respondent, it shall
5be served with the order or short form notification if such
6service is made by the sheriff, other law enforcement official,
7or special process server.
8    (d) If the person against whom the civil no contact order
9is issued is arrested and the written order is issued in
10accordance with subsection (c) of Section 214 and received by
11the custodial law enforcement agency before the respondent or
12arrestee is released from custody, the custodial law
13enforcement agent shall promptly serve the order upon the
14respondent or arrestee before the respondent or arrestee is
15released from custody. In no event shall detention of the
16respondent or arrestee be extended for hearing on the petition
17for civil no contact order or receipt of the order issued under
18Section 214 of this Act.
19    (e) Any order extending, modifying, or revoking any civil
20no contact order shall be promptly recorded, issued, and served
21as provided in this Section.
22    (f) Upon the request of the petitioner, within 24 hours of
23the issuance of a civil no contact order, the clerk of the
24issuing judge shall send written notice of the order along with
25a certified copy of the order to any school, college, or
26university at which the petitioner is enrolled.

 

 

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1(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
298-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
3    Section 30. The Illinois Domestic Violence Act of 1986 is
4amended by changing Sections 217, 222, and 302 as follows:
 
5    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
6    Sec. 217. Emergency order of protection.
7    (a) Prerequisites. An emergency order of protection shall
8issue if petitioner satisfies the requirements of this
9subsection for one or more of the requested remedies. For each
10remedy requested, petitioner shall establish that:
11        (1) The court has jurisdiction under Section 208;
12        (2) The requirements of Section 214 are satisfied; and
13        (3) There is good cause to grant the remedy, regardless
14    of prior service of process or of notice upon the
15    respondent, because:
16            (i) For the remedies of "prohibition of abuse"
17        described in Section 214(b)(1), "stay away order and
18        additional prohibitions" described in Section
19        214(b)(3), "removal or concealment of minor child"
20        described in Section 214(b)(8), "order to appear"
21        described in Section 214(b)(9), "physical care and
22        possession of the minor child" described in Section
23        214(b)(5), "protection of property" described in
24        Section 214(b)(11), "prohibition of entry" described

 

 

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1        in Section 214(b)(14), "prohibition of firearm
2        possession" described in Section 214(b)(14.5),
3        "prohibition of access to records" described in
4        Section 214(b)(15), and "injunctive relief" described
5        in Section 214(b)(16), the harm which that remedy is
6        intended to prevent would be likely to occur if the
7        respondent were given any prior notice, or greater
8        notice than was actually given, of the petitioner's
9        efforts to obtain judicial relief;
10            (ii) For the remedy of "grant of exclusive
11        possession of residence" described in Section
12        214(b)(2), the immediate danger of further abuse of
13        petitioner by respondent, if petitioner chooses or had
14        chosen to remain in the residence or household while
15        respondent was given any prior notice or greater notice
16        than was actually given of petitioner's efforts to
17        obtain judicial relief, outweighs the hardships to
18        respondent of an emergency order granting petitioner
19        exclusive possession of the residence or household.
20        This remedy shall not be denied because petitioner has
21        or could obtain temporary shelter elsewhere while
22        prior notice is given to respondent, unless the
23        hardships to respondent from exclusion from the home
24        substantially outweigh those to petitioner;
25            (iii) For the remedy of "possession of personal
26        property" described in Section 214(b)(10), improper

 

 

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1        disposition of the personal property would be likely to
2        occur if respondent were given any prior notice, or
3        greater notice than was actually given, of
4        petitioner's efforts to obtain judicial relief, or
5        petitioner has an immediate and pressing need for
6        possession of that property.
7    An emergency order may not include the counseling, legal
8custody, payment of support or monetary compensation remedies.
9    (b) Appearance by respondent. If respondent appears in
10court for this hearing for an emergency order, he or she may
11elect to file a general appearance and testify. Any resulting
12order may be an emergency order, governed by this Section.
13Notwithstanding the requirements of this Section, if all
14requirements of Section 218 have been met, the court may issue
15a 30-day interim order.
16    (c) Emergency orders: court holidays and evenings.
17        (1) Prerequisites. When the court is unavailable at the
18    close of business, the petitioner may file a petition for a
19    21-day emergency order before any available circuit judge
20    or associate judge who may grant relief under this Act. If
21    the judge finds that there is an immediate and present
22    danger of abuse to petitioner and that petitioner has
23    satisfied the prerequisites set forth in subsection (a) of
24    Section 217, that judge may issue an emergency order of
25    protection.
26        (1.5) Issuance of order. The chief judge of the circuit

 

 

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1    court may designate for each county in the circuit at least
2    one judge to be reasonably available to issue orally, by
3    telephone, by facsimile, or otherwise, an emergency order
4    of protection at all times, whether or not the court is in
5    session.
6        (2) Certification and transfer. The judge who issued
7    the order under this Section shall promptly communicate or
8    convey the order to the sheriff to immediately, upon
9    issuance, facilitate the entry of the order into the Law
10    Enforcement Agencies Data System by the Department of State
11    Police pursuant to Section 302. Any order issued under this
12    Section and any documentation in support thereof shall be
13    certified immediately, upon issuance, on the next court day
14    to the appropriate court. The clerk of that court shall
15    immediately assign a case number, file the petition, order
16    and other documents with the court, and enter the order of
17    record and file it with the sheriff for service, in
18    accordance with Section 222. Filing the petition shall
19    commence proceedings for further relief under Section 202.
20    Failure to comply with the requirements of this subsection
21    shall not affect the validity of the order.
22(Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
 
23    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
24    Sec. 222. Notice of orders.
25    (a) Entry and issuance. Upon issuance of any order of

 

 

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1protection, the clerk shall immediately, or on the next court
2day if an emergency order is issued in accordance with
3subsection (c) of Section 217, (i) enter the order on the
4record and file it in accordance with the circuit court
5procedures and (ii) provide a file stamped copy of the order to
6respondent, if present, and to petitioner.
7    (b) Filing with sheriff. The clerk of the issuing judge
8shall, or the petitioner may, immediately, when on the same day
9that an order of protection is issued, electronically transmit
10file a certified copy of that order with the sheriff or other
11law enforcement officials charged with maintaining Department
12of State Police records or charged with serving the order upon
13respondent. If the order was issued in accordance with
14subsection (c) of Section 217, the clerk shall immediately
15electronically transmit on the next court day, file a certified
16copy of the order to with the Sheriff or other law enforcement
17officials charged with maintaining Department of State Police
18records which shall immediately enter the order into the Law
19Enforcement Agencies Data System. If the respondent, at the
20time of the issuance of the order, is committed to the custody
21of the Illinois Department of Corrections or Illinois
22Department of Juvenile Justice or is on parole, aftercare
23release, or mandatory supervised release, the sheriff or other
24law enforcement officials charged with maintaining Department
25of State Police records shall notify the Department of
26Corrections or Department of Juvenile Justice within 48 hours

 

 

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1of receipt of a copy of the order of protection from the clerk
2of the issuing judge or the petitioner. Such notice shall
3include the name of the respondent, the respondent's IDOC
4inmate number or IDJJ youth identification number, the
5respondent's date of birth, and the LEADS Record Index Number.
6    (c) Service by sheriff. Unless respondent was present in
7court when the order was issued, the sheriff, other law
8enforcement official or special process server shall promptly
9serve that order upon respondent and file proof of such
10service, in the manner provided for service of process in civil
11proceedings. Instead of serving the order upon the respondent,
12however, the sheriff, other law enforcement official, special
13process server, or other persons defined in Section 222.10 may
14serve the respondent with a short form notification as provided
15in Section 222.10. If process has not yet been served upon the
16respondent, it shall be served with the order or short form
17notification if such service is made by the sheriff, other law
18enforcement official, or special process server. A single fee
19may be charged for service of an order obtained in civil court,
20or for service of such an order together with process, unless
21waived or deferred under Section 210.
22    (c-5) If the person against whom the order of protection is
23issued is arrested and the written order is issued in
24accordance with subsection (c) of Section 217 and received by
25the custodial law enforcement agency before the respondent or
26arrestee is released from custody, the custodial law

 

 

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1enforcement agent shall promptly serve the order upon the
2respondent or arrestee before the respondent or arrestee is
3released from custody. In no event shall detention of the
4respondent or arrestee be extended for hearing on the petition
5for order of protection or receipt of the order issued under
6Section 217 of this Act.
7    (d) Extensions, modifications and revocations. Any order
8extending, modifying or revoking any order of protection shall
9be promptly recorded, issued and served as provided in this
10Section.
11    (e) Notice to schools. Upon the request of the petitioner,
12within 24 hours of the issuance of an order of protection, the
13clerk of the issuing judge shall send a certified copy of the
14order of protection to the day-care facility, pre-school or
15pre-kindergarten, or private school or the principal office of
16the public school district or any college or university in
17which any child who is a protected person under the order of
18protection or any child of the petitioner is enrolled as
19requested by the petitioner at the mailing address provided by
20the petitioner. If the child transfers enrollment to another
21day-care facility, pre-school, pre-kindergarten, private
22school, public school, college, or university, the petitioner
23may, within 24 hours of the transfer, send to the clerk written
24notice of the transfer, including the name and address of the
25institution to which the child is transferring. Within 24 hours
26of receipt of notice from the petitioner that a child is

 

 

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

 

 

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1provided by the petitioner.
2    (h) Disclosure by health care facilities and health care
3practitioners. After receiving a certified copy of an order of
4protection that prohibits a respondent's access to records, no
5health care facility or health care practitioner shall allow a
6respondent access to the records of any child who is a
7protected person under the order of protection, or release
8information in those records to the respondent, unless the
9order has expired or the respondent shows a certified copy of
10the court order vacating the corresponding order of protection
11that was sent to the health care facility or practitioner.
12Nothing in this Section shall be construed to require health
13care facilities or health care practitioners to alter
14procedures related to billing and payment. The health care
15facility or health care practitioner may file the copy of the
16order of protection in the records of a child who is a
17protected person under the order of protection, or may employ
18any other method to identify the records to which a respondent
19is prohibited access. No health care facility or health care
20practitioner shall be civilly or professionally liable for
21reliance on a copy of an order of protection, except for
22willful and wanton misconduct.
23(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
24eff. 1-1-14.)
 
25    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)

 

 

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1    Sec. 302. Data maintenance by law enforcement agencies.
2    (a) All sheriffs shall immediately transmit electronically
3furnish to the Department of State Police, on receipt the same
4day as received, in the form and detail the Department
5requires, copies of any recorded emergency, interim, or plenary
6orders of protection issued by the court, and any foreign
7orders of protection filed by the clerk of the court, and
8electronically transmitted to the sheriff by the clerk of the
9court pursuant to subsection (b) of Section 222 of this Act.
10Each order of protection shall be immediately, upon
11transmission, entered in the Law Enforcement Agencies Data
12System when on the same day it is issued by the court. If an
13emergency order of protection was issued in accordance with
14subsection (c) of Section 217, the order shall be entered in
15the Law Enforcement Agencies Data System as soon as possible
16after receipt from the clerk.
17    (b) The Department of State Police shall maintain a
18complete and systematic record and index of all valid and
19recorded orders of protection issued pursuant to this Act. The
20data shall be used to inform all dispatchers and law
21enforcement officers at the scene of an alleged incident of
22abuse, neglect, or exploitation or violation of an order of
23protection of any recorded prior incident of abuse, neglect, or
24exploitation involving the abused, neglected, or exploited
25party and the effective dates and terms of any recorded order
26of protection.

 

 

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1    (c) The data, records and transmittals required under this
2Section shall pertain to any valid emergency, interim or
3plenary order of protection, whether issued in a civil or
4criminal proceeding or authorized under the laws of another
5state, tribe, or United States territory.
6(Source: P.A. 95-331, eff. 8-21-07.)".