Full Text of HB3396 101st General Assembly
HB3396eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Sections 60 and 115 as follows: | 6 | | (740 ILCS 21/60)
| 7 | | Sec. 60. Process. | 8 | | (a) Any action for a stalking no contact order requires | 9 | | that a separate summons be issued and served. The summons shall | 10 | | be in the form prescribed by Supreme Court Rule 101(d), except | 11 | | that it shall require the respondent to answer or appear within | 12 | | 7 days. Attachments to the summons or notice shall include the | 13 | | petition for stalking no contact order and supporting | 14 | | affidavits, if any, and any emergency stalking no contact order | 15 | | that has been issued. | 16 | | (b) The summons shall be served by the sheriff or other law | 17 | | enforcement officer at the earliest time and shall take | 18 | | precedence over other summonses except those of a similar | 19 | | emergency nature. Special process servers may be appointed at | 20 | | any time, and their designation shall not affect the | 21 | | responsibilities and authority of the sheriff or other official | 22 | | process servers. | 23 | | (c) Service of process on a member of the respondent's |
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| 1 | | household or by publication shall be adequate if: (1) the | 2 | | petitioner has made all reasonable efforts to accomplish actual | 3 | | service of process personally upon the respondent, but the | 4 | | respondent cannot be found to effect such service; and (2) the | 5 | | petitioner files an affidavit or presents sworn testimony as to | 6 | | those efforts. | 7 | | (d) A plenary stalking no contact order may be entered by | 8 | | default for the remedy sought in the petition, if the | 9 | | respondent has been served or given notice in accordance with | 10 | | subsection (a) and if the respondent then fails to appear as | 11 | | directed or fails to appear on any subsequent appearance or | 12 | | hearing date agreed to by the parties or set by the court.
| 13 | | (e) If an order is granted under subsection (c) of Section | 14 | | 95, the court shall immediately file a certified copy of the | 15 | | order with the sheriff or other law enforcement official | 16 | | charged with maintaining Department of State Police records. | 17 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 18 | | (740 ILCS 21/115)
| 19 | | Sec. 115. Notice of orders. | 20 | | (a) Upon issuance of any stalking no contact order, the | 21 | | clerk shall immediately , or on the next court day if an | 22 | | emergency order is issued in accordance with subsection (c) of | 23 | | Section 95 : | 24 | | (1) enter the order on the record and file it in | 25 | | accordance with the circuit court procedures; and |
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| 1 | | (2) provide a file stamped copy of the order to the | 2 | | respondent, if present, and to the petitioner. | 3 | | (b) The clerk of the issuing judge shall, or the petitioner | 4 | | may, on the same day that a stalking no contact order is | 5 | | issued, file a certified copy of that order with the sheriff or | 6 | | other law enforcement officials charged with maintaining | 7 | | Department of State Police records or charged with serving the | 8 | | order upon the respondent. If the order was issued in | 9 | | accordance with subsection (c) of Section 95, the clerk shall, | 10 | | on the next court day, file a certified copy of the order with | 11 | | the sheriff or other law enforcement officials charged with | 12 | | maintaining Department of State Police records. If the | 13 | | respondent, at the time of the issuance of the order, is | 14 | | committed to the custody of the Illinois Department of | 15 | | Corrections or Illinois Department of Juvenile Justice or is on | 16 | | parole, aftercare release, or mandatory supervised release, | 17 | | the sheriff or other law enforcement officials charged with | 18 | | maintaining Department of State Police records shall notify the | 19 | | Department of Corrections or Department of Juvenile Justice | 20 | | within 48 hours of receipt of a copy of the stalking no contact | 21 | | order from the clerk of the issuing judge or the petitioner. | 22 | | Such notice shall include the name of the respondent, the | 23 | | respondent's IDOC inmate number or IDJJ youth identification | 24 | | number, the respondent's date of birth, and the LEADS Record | 25 | | Index Number. | 26 | | (c) Unless the respondent was present in court when the |
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| 1 | | order was issued, the sheriff, other law enforcement official, | 2 | | or special process server shall promptly serve that order upon | 3 | | the respondent and file proof of such service in the manner | 4 | | provided for service of process in civil proceedings. Instead | 5 | | of serving the order upon the respondent, however, the sheriff, | 6 | | other law enforcement official, special process server, or | 7 | | other persons defined in Section 117 may serve the respondent | 8 | | with a short form notification as provided in Section 117. If | 9 | | process has not yet been served upon the respondent, it shall | 10 | | be served with the order or short form notification if such | 11 | | service is made by the sheriff, other law enforcement official, | 12 | | or special process server. | 13 | | (d) If the person against whom the stalking no contact | 14 | | order is issued is arrested and the written order is issued in | 15 | | accordance with subsection (c) of Section 95 and received by | 16 | | the custodial law enforcement agency before the respondent or | 17 | | arrestee is released from custody, the custodial law | 18 | | enforcement agent shall promptly serve the order upon the | 19 | | respondent or arrestee before the respondent or arrestee is | 20 | | released from custody. In no event shall detention of the | 21 | | respondent or arrestee be extended for hearing on the petition | 22 | | for stalking no contact order or receipt of the order issued | 23 | | under Section 95 of this Act. | 24 | | (e) Any order extending, modifying, or revoking any | 25 | | stalking no contact order shall be promptly recorded, issued, | 26 | | and served as provided in this Section. |
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| 1 | | (f) Upon the request of the petitioner, within 24 hours of | 2 | | the issuance of a stalking no contact order, the clerk of the | 3 | | issuing judge shall send written notice of the order along with | 4 | | a certified copy of the order to any school, daycare, college, | 5 | | or university at which the petitioner is enrolled.
| 6 | | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | 7 | | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
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