97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2869

 

Introduced 2/1/2012, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-22  from Ch. 38, par. 112A-22
740 ILCS 21/115
740 ILCS 22/218
750 ILCS 60/222  from Ch. 40, par. 2312-22

    Amends the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986 relating to a respondent of an order of protection, stalking no contact order, or civil no contact order. Provides that if the respondent, at the time of the issuance of the order, is committed to the custody of the Illinois Department of Corrections or is on parole or mandatory supervised release, the sheriff or other law enforcement officials charged with maintaining Department of State Police records shall notify the Department of Corrections within 48 hours of receipt of a copy of the order from the clerk of the issuing judge or the petitioner. Provides that such notice shall include the name of the respondent, the respondent's IDOC inmate number, the respondent's date of birth, and the LEADS Record Index Number.


LRB097 14652 RLC 59540 b

 

 

A BILL FOR

 

SB2869LRB097 14652 RLC 59540 b

1    AN ACT concerning certain court orders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-22 as follows:
 
6    (725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
7    Sec. 112A-22. Notice of orders.
8    (a) Entry and issuance. Upon issuance of any order of
9protection, the clerk shall immediately, or on the next court
10day if an emergency order is issued in accordance with
11subsection (c) of Section 112A-17, (i) enter the order on the
12record and file it in accordance with the circuit court
13procedures and (ii) provide a file stamped copy of the order to
14respondent, if present, and to petitioner.
15    (b) Filing with sheriff. The clerk of the issuing judge
16shall, or the petitioner may, on the same day that an order of
17protection is issued, file a copy of that order with the
18sheriff or other law enforcement officials charged with
19maintaining Department of State Police records or charged with
20serving the order upon respondent. If the order was issued in
21accordance with subsection (c) of Section 112A-17, the clerk
22shall on the next court day, file a certified copy of the order
23with the Sheriff or other law enforcement officials charged

 

 

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1with maintaining Department of State Police records. If the
2respondent, at the time of the issuance of the order, is
3committed to the custody of the Illinois Department of
4Corrections or is on parole or mandatory supervised release,
5the sheriff or other law enforcement officials charged with
6maintaining Department of State Police records shall notify the
7Department of Corrections within 48 hours of receipt of a copy
8of the order of protection from the clerk of the issuing judge
9or the petitioner. Such notice shall include the name of the
10respondent, the respondent's IDOC inmate number, the
11respondent's date of birth, and the LEADS Record Index Number.
12    (c) Service by sheriff. Unless respondent was present in
13court when the order was issued, the sheriff, other law
14enforcement official or special process server shall promptly
15serve that order upon respondent and file proof of such
16service, in the manner provided for service of process in civil
17proceedings. Instead of serving the order upon the respondent,
18however, the sheriff, other law enforcement official, special
19process server, or other persons defined in Section 112A-22.10
20may serve the respondent with a short form notification as
21provided in Section 112A-22.10. If process has not yet been
22served upon the respondent, it shall be served with the order
23or short form notification if such service is made by the
24sheriff, other law enforcement official, or special process
25server.
26    (c-5) If the person against whom the order of protection is

 

 

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1issued is arrested and the written order is issued in
2accordance with subsection (c) of Section 112A-17 and received
3by the custodial law enforcement agency before the respondent
4or arrestee is released from custody, the custodial law
5enforcement agent shall promptly serve the order upon the
6respondent or arrestee before the respondent or arrestee is
7released from custody. In no event shall detention of the
8respondent or arrestee be extended for hearing on the petition
9for order of protection or receipt of the order issued under
10Section 112A-17 of this Code.
11    (d) Extensions, modifications and revocations. Any order
12extending, modifying or revoking any order of protection shall
13be promptly recorded, issued and served as provided in this
14Section.
15    (e) Notice to health care facilities and health care
16practitioners. Upon the request of the petitioner, the clerk of
17the circuit court shall send a certified copy of the order of
18protection to any specified health care facility or health care
19practitioner requested by the petitioner at the mailing address
20provided by the petitioner.
21    (f) Disclosure by health care facilities and health care
22practitioners. After receiving a certified copy of an order of
23protection that prohibits a respondent's access to records, no
24health care facility or health care practitioner shall allow a
25respondent access to the records of any child who is a
26protected person under the order of protection, or release

 

 

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1information in those records to the respondent, unless the
2order has expired or the respondent shows a certified copy of
3the court order vacating the corresponding order of protection
4that was sent to the health care facility or practitioner.
5Nothing in this Section shall be construed to require health
6care facilities or health care practitioners to alter
7procedures related to billing and payment. The health care
8facility or health care practitioner may file the copy of the
9order of protection in the records of a child who is a
10protected person under the order of protection, or may employ
11any other method to identify the records to which a respondent
12is prohibited access. No health care facility or health care
13practitioner shall be civilly or professionally liable for
14reliance on a copy of an order of protection, except for
15willful and wanton misconduct.
16    (g) Notice to schools. Upon the request of the petitioner,
17within 24 hours of the issuance of an order of protection, the
18clerk of the issuing judge shall send a certified copy of the
19order of protection to the day-care facility, pre-school or
20pre-kindergarten, or private school or the principal office of
21the public school district or any college or university in
22which any child who is a protected person under the order of
23protection or any child of the petitioner is enrolled as
24requested by the petitioner at the mailing address provided by
25the petitioner. If the child transfers enrollment to another
26day-care facility, pre-school, pre-kindergarten, private

 

 

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

 

 

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1(Source: P.A. 96-651, eff. 1-1-10; 97-50, eff. 6-28-11.)
 
2    Section 10. The Stalking No Contact Order Act is amended by
3changing Section 115 as follows:
 
4    (740 ILCS 21/115)
5    Sec. 115. Notice of orders.
6    (a) Upon issuance of any stalking no contact order, the
7clerk shall immediately, or on the next court day if an
8emergency order is issued in accordance with subsection (c) of
9Section 95:
10        (1) enter the order on the record and file it in
11    accordance with the circuit court procedures; and
12        (2) provide a file stamped copy of the order to the
13    respondent, if present, and to the petitioner.
14    (b) The clerk of the issuing judge shall, or the petitioner
15may, on the same day that a stalking no contact order is
16issued, file a certified copy of that order with the sheriff or
17other law enforcement officials charged with maintaining
18Department of State Police records or charged with serving the
19order upon the respondent. If the order was issued in
20accordance with subsection (c) of Section 95, the clerk shall,
21on the next court day, file a certified copy of the order with
22the sheriff or other law enforcement officials charged with
23maintaining Department of State Police records. If the
24respondent, at the time of the issuance of the order, is

 

 

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1committed to the custody of the Illinois Department of
2Corrections or is on parole or mandatory supervised release,
3the sheriff or other law enforcement officials charged with
4maintaining Department of State Police records shall notify the
5Department of Corrections within 48 hours of receipt of a copy
6of the stalking no contact order from the clerk of the issuing
7judge or the petitioner. Such notice shall include the name of
8the respondent, the respondent's IDOC inmate number, the
9respondent's date of birth, and the LEADS Record Index Number.
10    (c) Unless the respondent was present in court when the
11order was issued, the sheriff, other law enforcement official,
12or special process server shall promptly serve that order upon
13the respondent and file proof of such service in the manner
14provided for service of process in civil proceedings. If
15process has not yet been served upon the respondent, it shall
16be served with the order or short form notification.
17    (d) If the person against whom the stalking no contact
18order is issued is arrested and the written order is issued in
19accordance with subsection (c) of Section 95 and received by
20the custodial law enforcement agency before the respondent or
21arrestee is released from custody, the custodial law
22enforcement agent shall promptly serve the order upon the
23respondent or arrestee before the respondent or arrestee is
24released from custody. In no event shall detention of the
25respondent or arrestee be extended for hearing on the petition
26for stalking no contact order or receipt of the order issued

 

 

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1under Section 95 of this Act.
2    (e) Any order extending, modifying, or revoking any
3stalking no contact order shall be promptly recorded, issued,
4and served as provided in this Section.
5    (f) Upon the request of the petitioner, within 24 hours of
6the issuance of a stalking no contact order, the clerk of the
7issuing judge shall send written notice of the order along with
8a certified copy of the order to any school, daycare, college,
9or university at which the petitioner is enrolled.
10(Source: P.A. 96-246, eff. 1-1-10.)
 
11    Section 15. The Civil No Contact Order Act is amended by
12changing Section 218 as follows:
 
13    (740 ILCS 22/218)
14    Sec. 218. Notice of orders.
15    (a) Upon issuance of any civil no contact order, the clerk
16shall immediately, or on the next court day if an emergency
17order is issued in accordance with subsection (c) of Section
18214:
19        (1) enter the order on the record and file it in
20    accordance with the circuit court procedures; and
21        (2) provide a file stamped copy of the order to the
22    respondent, if present, and to the petitioner.
23    (b) The clerk of the issuing judge shall, or the petitioner
24may, on the same day that a civil no contact order is issued,

 

 

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1file a certified copy of that order with the sheriff or other
2law enforcement officials charged with maintaining Department
3of State Police records or charged with serving the order upon
4the respondent. If the order was issued in accordance with
5subsection (c) of Section 214, the clerk shall, on the next
6court day, file a certified copy of the order with the Sheriff
7or other law enforcement officials charged with maintaining
8Department of State Police records. If the respondent, at the
9time of the issuance of the order, is committed to the custody
10of the Illinois Department of Corrections or is on parole or
11mandatory supervised release, the sheriff or other law
12enforcement officials charged with maintaining Department of
13State Police records shall notify the Department of Corrections
14within 48 hours of receipt of a copy of the civil no contact
15order from the clerk of the issuing judge or the petitioner.
16Such notice shall include the name of the respondent, the
17respondent's IDOC inmate number, the respondent's date of
18birth, and the LEADS Record Index Number.
19    (c) Unless the respondent was present in court when the
20order was issued, the sheriff, other law enforcement official,
21or special process server shall promptly serve that order upon
22the respondent and file proof of such service in the manner
23provided for service of process in civil proceedings. If
24process has not yet been served upon the respondent, it shall
25be served with the order or short form notification.
26    (d) If the person against whom the civil no contact order

 

 

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1is issued is arrested and the written order is issued in
2accordance with subsection (c) of Section 214 and received by
3the custodial law enforcement agency before the respondent or
4arrestee is released from custody, the custodial law
5enforcement agent shall promptly serve the order upon the
6respondent or arrestee before the respondent or arrestee is
7released from custody. In no event shall detention of the
8respondent or arrestee be extended for hearing on the petition
9for civil no contact order or receipt of the order issued under
10Section 214 of this Act.
11    (e) Any order extending, modifying, or revoking any civil
12no contact order shall be promptly recorded, issued, and served
13as provided in this Section.
14    (f) Upon the request of the petitioner, within 24 hours of
15the issuance of a civil no contact order, the clerk of the
16issuing judge shall send written notice of the order along with
17a certified copy of the order to any school, college, or
18university at which the petitioner is enrolled.
19(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
 
20    Section 20. The Illinois Domestic Violence Act of 1986 is
21amended by changing Section 222 as follows:
 
22    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
23    Sec. 222. Notice of orders.
24    (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, on the same day that an order of
9protection is issued, file a certified copy of that order with
10the sheriff or other law enforcement officials charged with
11maintaining Department of State Police records or charged with
12serving the order upon respondent. If the order was issued in
13accordance with subsection (c) of Section 217, the clerk shall
14on the next court day, file a certified copy of the order with
15the Sheriff or other law enforcement officials charged with
16maintaining Department of State Police records. If the
17respondent, at the time of the issuance of the order, is
18committed to the custody of the Illinois Department of
19Corrections or is on parole or mandatory supervised release,
20the sheriff or other law enforcement officials charged with
21maintaining Department of State Police records shall notify the
22Department of Corrections within 48 hours of receipt of a copy
23of the order of protection from the clerk of the issuing judge
24or the petitioner. Such notice shall include the name of the
25respondent, the respondent's IDOC inmate number, the
26respondent's date of birth, and the LEADS Record Index Number.

 

 

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1    (c) Service by sheriff. Unless respondent was present in
2court when the order was issued, the sheriff, other law
3enforcement official or special process server shall promptly
4serve that order upon respondent and file proof of such
5service, in the manner provided for service of process in civil
6proceedings. Instead of serving the order upon the respondent,
7however, the sheriff, other law enforcement official, special
8process server, or other persons defined in Section 222.10 may
9serve the respondent with a short form notification as provided
10in Section 222.10. If process has not yet been served upon the
11respondent, it shall be served with the order or short form
12notification if such service is made by the sheriff, other law
13enforcement official, or special process server. A single fee
14may be charged for service of an order obtained in civil court,
15or for service of such an order together with process, unless
16waived or deferred under Section 210.
17    (c-5) If the person against whom the order of protection is
18issued is arrested and the written order is issued in
19accordance with subsection (c) of Section 217 and received by
20the custodial law enforcement agency before the respondent or
21arrestee is released from custody, the custodial law
22enforcement agent shall promptly serve the order upon the
23respondent or arrestee before the respondent or arrestee is
24released from custody. In no event shall detention of the
25respondent or arrestee be extended for hearing on the petition
26for order of protection or receipt of the order issued under

 

 

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1Section 217 of this Act.
2    (d) Extensions, modifications and revocations. Any order
3extending, modifying or revoking any order of protection shall
4be promptly recorded, issued and served as provided in this
5Section.
6    (e) Notice to schools. Upon the request of the petitioner,
7within 24 hours of the issuance of an order of protection, the
8clerk of the issuing judge shall send a certified copy of the
9order of protection to the day-care facility, pre-school or
10pre-kindergarten, or private school or the principal office of
11the public school district or any college or university in
12which any child who is a protected person under the order of
13protection or any child of the petitioner is enrolled as
14requested by the petitioner at the mailing address provided by
15the petitioner. If the child transfers enrollment to another
16day-care facility, pre-school, pre-kindergarten, private
17school, public school, college, or university, the petitioner
18may, within 24 hours of the transfer, send to the clerk written
19notice of the transfer, including the name and address of the
20institution to which the child is transferring. Within 24 hours
21of receipt of notice from the petitioner that a child is
22transferring to another day-care facility, pre-school,
23pre-kindergarten, private school, public school, college, or
24university, the clerk shall send a certified copy of the order
25to the institution to which the child is transferring.
26    (f) Disclosure by schools. After receiving a certified copy

 

 

SB2869- 14 -LRB097 14652 RLC 59540 b

1of an order of protection that prohibits a respondent's access
2to records, neither a day-care facility, pre-school,
3pre-kindergarten, public or private school, college, or
4university nor its employees shall allow a respondent access to
5a protected child's records or release information in those
6records to the respondent. The school shall file the copy of
7the order of protection in the records of a child who is a
8protected person under the order of protection. When a child
9who is a protected person under the order of protection
10transfers to another day-care facility, pre-school,
11pre-kindergarten, public or private school, college, or
12university, the institution from which the child is
13transferring may, at the request of the petitioner, provide,
14within 24 hours of the transfer, written notice of the order of
15protection, along with a certified copy of the order, to the
16institution to which the child is transferring.
17    (g) Notice to health care facilities and health care
18practitioners. Upon the request of the petitioner, the clerk of
19the circuit court shall send a certified copy of the order of
20protection to any specified health care facility or health care
21practitioner requested by the petitioner at the mailing address
22provided by the petitioner.
23    (h) Disclosure by health care facilities and health care
24practitioners. After receiving a certified copy of an order of
25protection that prohibits a respondent's access to records, no
26health care facility or health care practitioner shall allow a

 

 

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1respondent access to the records of any child who is a
2protected person under the order of protection, or release
3information in those records to the respondent, unless the
4order has expired or the respondent shows a certified copy of
5the court order vacating the corresponding order of protection
6that was sent to the health care facility or practitioner.
7Nothing in this Section shall be construed to require health
8care facilities or health care practitioners to alter
9procedures related to billing and payment. The health care
10facility or health care practitioner may file the copy of the
11order of protection in the records of a child who is a
12protected person under the order of protection, or may employ
13any other method to identify the records to which a respondent
14is prohibited access. No health care facility or health care
15practitioner shall be civilly or professionally liable for
16reliance on a copy of an order of protection, except for
17willful and wanton misconduct.
18(Source: P.A. 96-651, eff. 1-1-10; 97-50, eff. 6-28-11.)