HB5922 97TH GENERAL ASSEMBLY

LRB097 19477 AJO 64731 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5922

Introduced 2/16/2012, by Rep. William Cunningham

SYNOPSIS AS INTRODUCED:

740 ILCS 21/115
740 ILCS 21/117 new
740 ILCS 22/218
740 ILCS 22/218.1 new

Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the sheriff, a law enforcement official, special process server, or a specified category of personnel in the Department of Corrections may serve a respondent with a short form notification of a civil no contact order or a stalking no contact order, which must include this information: names of the protected parties; date and county in which the no contact order was filed; hearing date and time; conditions that apply to the respondent; and related information. Provides that the short form notification must also inform the respondent that the no contact order is in effect, that he or she must obtain a copy of the order, and that he or she is subject to arrest for any violation of the order. Provides that a law enforcement official may detain a respondent for a reasonable time necessary to prepare and to serve the short form notification. Provides that the Attorney General shall provide adequate copies of the short form to law enforcement agencies. Makes related changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Stalking No Contact Order Act is amended by changing Section 115 and by adding Section 117 as follows:

(740 ILCS 21/115)

Sec. 115. Notice of orders.

(a) Upon issuance of any stalking no contact order, the clerk shall immediately, or on the next court day if an emergency order is issued in accordance with subsection (c) of Section 95:

(1) enter the order on the record and file it in accordance with the circuit court procedures; and

(2) provide a file stamped copy of the order to the respondent, if present, and to the petitioner.

(b) The clerk of the issuing judge shall, or the petitioner may, on the same day that a stalking no contact order 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 the respondent. If the order was issued in accordance with subsection (c) of Section 95, 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) Unless the 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 the 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, special process server, or other persons defined in Section 117 may serve the respondent with a short form notification as provided in Section 117. If process has not yet been served upon the respondent, it shall be served with the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.

(d) If the person against whom the stalking no contact order is issued is arrested and the written order is issued in accordance with subsection (c) of Section 95 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 stalking no contact order or receipt of the order issued under Section 95 of this Act.

(e) Any order extending, modifying, or revoking any stalking no contact order shall be promptly recorded, issued, and served as provided in this Section.

(f) Upon the request of the petitioner, within 24 hours of the issuance of a stalking no contact order, the clerk of the issuing judge shall send written notice of the order along with a certified copy of the order to any school, daycare, college, or university at which the petitioner is enrolled.

(Source: P.A. 96-246, eff. 1-1-10.)

(740 ILCS 21/117 new)

Sec. 117. Short form notification.

(a) Instead of personal service of a stalking no contact order under Section 115, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory supervised release 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 stalking no contact order 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 stalking no contact order 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 stalking no contact order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the stalking no contact order."

(c) Upon verification of the identity of the respondent and the existence of an unserved stalking no contact order 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 person 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 Civil No Contact Order Act is amended by changing Section 218 and by adding Section 218.1 as follows:

(740 ILCS 22/218)

Sec. 218. Notice of orders.

(a) Upon issuance of any civil no contact order, the clerk shall immediately, or on the next court day if an emergency order is issued in accordance with subsection (c) of Section 214:

(1) enter the order on the record and file it in accordance with the circuit court procedures; and

(2) provide a file stamped copy of the order to the respondent, if present, and to the petitioner.

(b) The clerk of the issuing judge shall, or the petitioner may, on the same day that a civil no contact order 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 the respondent. If the order was issued in accordance with subsection (c) of Section 214, 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) Unless the 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 the 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, special process server, or other persons defined in Section 218.1 may serve the respondent with a short form notification as provided in Section 218.1. If process has not yet been served upon the respondent, it shall be served with the order or short form notification if such service is made by the sheriff, other law enforcement official, or special process server.

(d) If the person against whom the civil no contact order is issued is arrested and the written order is issued in accordance with subsection (c) of Section 214 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 civil no contact order or receipt of the order issued under Section 214 of this Act.

(e) Any order extending, modifying, or revoking any civil no contact order shall be promptly recorded, issued, and served as provided in this Section.

(f) Upon the request of the petitioner, within 24 hours of the issuance of a civil no contact order, the clerk of the issuing judge shall send written notice of the order along with a certified copy of the order to any school, college, or university at which the petitioner is enrolled.

(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)

(740 ILCS 22/218.1 new)

Sec. 218.1. Short form notification.

(a) Instead of personal service of a civil no contact order under Section 218, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory supervised release 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 civil no contact order 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 civil no contact order 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 civil no contact order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the civil no contact order."

(c) Upon verification of the identity of the respondent and the existence of an unserved civil no contact order 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 person making the service.

(e) The Attorney General shall provide adequate copies of the short form notification form to law enforcement agencies in this State.