093_HB3501eng

 
HB3501 Engrossed                     LRB093 06501 RLC 06626 b

 1        AN ACT in relation to domestic violence.

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

 4        Section 5.  The Illinois Domestic Violence Act of 1986 is
 5    amended by changing Sections 202 and 222 as follows:

 6        (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
 7        Sec.   202.  Commencement   of   action;   filing   fees;
 8    dismissal.
 9        (a)  How to  commence  action.   Actions  for  orders  of
10    protection are commenced:
11             (1)  Independently:   By  filing  a  petition for an
12        order of protection in any civil court,  unless  specific
13        courts are designated by local rule or order.
14             (2)  In  conjunction  with another civil proceeding:
15        By filing a petition for an order of protection under the
16        same case number as another  civil  proceeding  involving
17        the  parties,  including  but  not  limited  to:  (i) any
18        proceeding under the Illinois Marriage and Dissolution of
19        Marriage Act, Illinois Parentage Act of 1984,  Nonsupport
20        of  Spouse  and  Children Act, Revised Uniform Reciprocal
21        Enforcement of Support Act or an  action  for  nonsupport
22        brought under Article 10 of the Illinois Public Aid Code,
23        provided that a petitioner and the respondent are a party
24        to   or   the  subject  of  that  proceeding  or  (ii)  a
25        guardianship proceeding under the Probate Act of 1975, or
26        a proceeding for involuntary commitment under the  Mental
27        Health   and  Developmental  Disabilities  Code,  or  any
28        proceeding, other than a delinquency petition, under  the
29        Juvenile Court Act of 1987, provided that a petitioner or
30        the  respondent  is  a  party  to  or the subject of such
31        proceeding.
 
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 1             (3)  In conjunction with a delinquency petition or a
 2        criminal prosecution:  By filing a petition for an  order
 3        of   protection,  under  the  same  case  number  as  the
 4        delinquency  petition  or  criminal  prosecution,  to  be
 5        granted during pre-trial release of a defendant, with any
 6        dispositional order issued under  Section  5-710  of  the
 7        Juvenile  Court Act of 1987 or as a condition of release,
 8        supervision, conditional discharge,  probation,  periodic
 9        imprisonment,  parole or mandatory supervised release, or
10        in conjunction with imprisonment  or  a  bond  forfeiture
11        warrant; provided that:
12                  (i)  the    violation    is   alleged   in   an
13             information, complaint,  indictment  or  delinquency
14             petition  on  file,  and  the  alleged  offender and
15             victim are family or household  members  or  persons
16             protected by this Act; and
17                  (ii)  the  petition,  which  is  filed  by  the
18             State's  Attorney,  names  a  victim  of the alleged
19             crime as a petitioner.
20        (b)  Filing, certification, and  service  fees.   No  fee
21    shall be charged by the clerk for filing, amending, vacating,
22    certifying,  or  photocopying petitions or certifying orders;
23    or for issuing alias  summons;  or  for  any  related  filing
24    service.   No fee shall be charged by the sheriff for service
25    by the sheriff of a petition, rule, motion, or  order  in  an
26    action commenced under this Section.
27        (c)  Dismissal    and   consolidation.    Withdrawal   or
28    dismissal of any petition for an order of protection prior to
29    adjudication where the petitioner is represented by the State
30    shall operate as a dismissal without  prejudice.   No  action
31    for  an  order  of  protection shall be dismissed because the
32    respondent is  being  prosecuted  for  a  crime  against  the
33    petitioner.  An  independent  action may be consolidated with
34    another civil proceeding, as provided  by  paragraph  (2)  of
 
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 1    subsection  (a)  of  this  Section.  For any action commenced
 2    under paragraph (2) or (3) of subsection (a) of this Section,
 3    dismissal of the conjoined case (or a finding of not  guilty)
 4    shall  not  require  dismissal of the action for the order of
 5    protection; instead, it may  be  treated  as  an  independent
 6    action  and,  if  necessary and appropriate, transferred to a
 7    different court or division. Dismissal of any conjoined  case
 8    shall  not affect the validity of any previously issued order
 9    of protection, and thereafter subsections (b)(1)  and  (b)(2)
10    of Section 220 shall be inapplicable to such order.
11        (d)  Pro  se petitions.  The court shall provide, through
12    the office of the clerk of the court,  simplified  forms  and
13    clerical  assistance to help with the writing and filing of a
14    petition under this Section by any person not represented  by
15    counsel.  In addition, that assistance may be provided by the
16    state's attorney.
17    (Source: P.A. 90-590, eff. 1-1-99.)

18        (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
19        Sec. 222.  Notice of orders.
20        (a)  Entry  and  issuance.  Upon issuance of any order of
21    protection, the clerk shall immediately, or on the next court
22    day if an  emergency  order  is  issued  in  accordance  with
23    subsection  (c)  of  Section  217, (i) enter the order on the
24    record and file it  in  accordance  with  the  circuit  court
25    procedures  and (ii) provide a file stamped copy of the order
26    to respondent, if present, and to petitioner.
27        (b)  Filing with sheriff.  The clerk of the issuing judge
28    shall, or the petitioner may, on the same day that  an  order
29    of  protection is issued, file a certified copy of that order
30    with the sheriff or other law enforcement  officials  charged
31    with  maintaining  Department  of  State  Police  records  or
32    charged  with serving the order upon respondent. If the order
33    was issued in accordance with subsection (c) of Section  217,
 
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 1    the  clerk shall on the next court day, file a certified copy
 2    of the order  with  the  Sheriff  or  other  law  enforcement
 3    officials charged with maintaining Department of State Police
 4    records.
 5        (c)  Service  by  sheriff.  Unless respondent was present
 6    in court when the order was issued, the  sheriff,  other  law
 7    enforcement official or special process server shall promptly
 8    serve  that  order  upon  respondent  and  file proof of such
 9    service, in the manner provided for  service  of  process  in
10    civil  proceedings.  Instead  of  serving  the order upon the
11    respondent,  however,  the  sheriff,  other  law  enforcement
12    official, or special process server may serve the  respondent
13    with a short form notification as provided in Section 222.10.
14    If  process  has  not yet been served upon the respondent, it
15    shall be served with the order or short form notification.  A
16    single fee may be charged for service of an order obtained in
17    civil court, or for service of such an  order  together  with
18    process, unless waived or deferred under Section 210.
19        (c-5)  If the person against whom the order of protection
20    is  issued  is  arrested  and  the written order is issued in
21    accordance with subsection (c) of Section 217 and received by
22    the custodial law enforcement agency before the respondent or
23    arrestee  is  released  from  custody,  the   custodial   law
24    enforcement  agent  shall  promptly  serve the order upon the
25    respondent or arrestee before the respondent or  arrestee  is
26    released  from  custody.   In no event shall detention of the
27    respondent  or  arrestee  be  extended  for  hearing  on  the
28    petition for order of protection  or  receipt  of  the  order
29    issued under Section 217 of this Act.
30        (d)  Extensions,   modifications  and  revocations.   Any
31    order  extending,  modifying  or  revoking   any   order   of
32    protection  shall  be promptly recorded, issued and served as
33    provided in this Section.
34        (e)  Notice  to  schools.   Upon  the  request   of   the
 
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 1    petitioner, or after an order of protection is entered within
 2    which  any  children  of the petitioner are protected persons
 3    within 24 hours of the issuance of an  order  of  protection,
 4    the  clerk  of the issuing judge shall send written notice of
 5    the order of protection along with a certified  copy  of  the
 6    order  of  protection to the day-care facility, pre-school or
 7    pre-kindergarten, or private school or the  principal  office
 8    of  the  public school district or any college or university,
 9    or the State licensed day care facility or the State licensed
10    before-school or after-school program facility in  which  the
11    petitioner  informs  the  clerk  that  any  child  who  is  a
12    protected  person  under the order of protection or any child
13    of the petitioner is enrolled. The  petitioner  must  provide
14    the  name,  address,  and  telephone  number of the school or
15    facility to the clerk. If the child transfers  enrollment  to
16    another   day-care  facility,  pre-school,  pre-kindergarten,
17    private school, public school, college,  or  university,  the
18    petitioner  may, within 24 hours of the transfer, send to the
19    clerk written notice of the transfer, including the name  and
20    address   of   the   institution   to   which  the  child  is
21    transferring.  Within 24 hours of receipt of notice from  the
22    petitioner  that  a child is transferring to another day-care
23    facility,  pre-school,  pre-kindergarten,   private   school,
24    public  school,  college, or university, the clerk shall send
25    written notice of the  order  of  protection,  along  with  a
26    certified  copy of the order, to the institution to which the
27    child is transferring.
28        (f)  Disclosure by schools, day care,  and  before-school
29    or   after-school  program  facilities.   After  receiving  a
30    certified copy of an order of  protection  that  prohibits  a
31    respondent's  access to records, neither a day-care facility,
32    pre-school,  pre-kindergarten,  public  or  private   school,
33    college,  or  university, State licensed day care facility, a
34    State  licensed   before-school   or   after-school   program
 
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 1    facility,  nor  its employees shall allow a respondent access
 2    to a protected child's  records  or  release  information  in
 3    those  records  to  the  respondent.   The  school,  day care
 4    facilities, or before-school or after-school program facility
 5    shall file the copy of the order of protection in the records
 6    of a child who is a  protected  person  under  the  order  of
 7    protection.  When a child who is a protected person under the
 8    order  of  protection transfers to another day-care facility,
 9    pre-school,  pre-kindergarten,  public  or  private   school,
10    college,  or university, the institution from which the child
11    is transferring  may,  at  the  request  of  the  petitioner,
12    provide,  within  24 hours of the transfer, written notice of
13    the order of protection, along with a certified copy  of  the
14    order, to the institution to which the child is transferring.
15    (Source: P.A.  92-90,  eff.  7-18-01;  92-162,  eff.  1-1-02;
16    92-651, eff. 7-11-02.)