HB3396enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
HB3396 EnrolledLRB101 10793 LNS 55919 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Stalking No Contact Order Act is amended by
5changing 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
9that a separate summons be issued and served. The summons shall
10be in the form prescribed by Supreme Court Rule 101(d), except
11that it shall require the respondent to answer or appear within
127 days. Attachments to the summons or notice shall include the
13petition for stalking no contact order and supporting
14affidavits, if any, and any emergency stalking no contact order
15that has been issued.
16    (b) The summons shall be served by the sheriff or other law
17enforcement officer at the earliest time and shall take
18precedence over other summonses except those of a similar
19emergency nature. Special process servers may be appointed at
20any time, and their designation shall not affect the
21responsibilities and authority of the sheriff or other official
22process servers.
23    (c) Service of process on a member of the respondent's

 

 

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1household or by publication shall be adequate if: (1) the
2petitioner has made all reasonable efforts to accomplish actual
3service of process personally upon the respondent, but the
4respondent cannot be found to effect such service; and (2) the
5petitioner files an affidavit or presents sworn testimony as to
6those efforts.
7    (d) A plenary stalking no contact order may be entered by
8default for the remedy sought in the petition, if the
9respondent has been served or given notice in accordance with
10subsection (a) and if the respondent then fails to appear as
11directed or fails to appear on any subsequent appearance or
12hearing date agreed to by the parties or set by the court.
13    (e) If an order is granted under subsection (c) of Section
1495, the court shall immediately file a certified copy of the
15order with the sheriff or other law enforcement official
16charged 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
21clerk shall immediately, or on the next court day if an
22emergency order is issued in accordance with subsection (c) of
23Section 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
4may, on the same day that a stalking no contact order is
5issued, file a certified copy of that order with the sheriff or
6other law enforcement officials charged with maintaining
7Department of State Police records or charged with serving the
8order upon the respondent. If the order was issued in
9accordance with subsection (c) of Section 95, the clerk shall,
10on the next court day, file a certified copy of the order with
11the sheriff or other law enforcement officials charged with
12maintaining Department of State Police records. If the
13respondent, at the time of the issuance of the order, is
14committed to the custody of the Illinois Department of
15Corrections or Illinois Department of Juvenile Justice or is on
16parole, aftercare release, or mandatory supervised release,
17the sheriff or other law enforcement officials charged with
18maintaining Department of State Police records shall notify the
19Department of Corrections or Department of Juvenile Justice
20within 48 hours of receipt of a copy of the stalking no contact
21order from the clerk of the issuing judge or the petitioner.
22Such notice shall include the name of the respondent, the
23respondent's IDOC inmate number or IDJJ youth identification
24number, the respondent's date of birth, and the LEADS Record
25Index Number.
26    (c) Unless the respondent was present in court when the

 

 

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1order was issued, the sheriff, other law enforcement official,
2or special process server shall promptly serve that order upon
3the respondent and file proof of such service in the manner
4provided for service of process in civil proceedings. Instead
5of serving the order upon the respondent, however, the sheriff,
6other law enforcement official, special process server, or
7other persons defined in Section 117 may serve the respondent
8with a short form notification as provided in Section 117. If
9process has not yet been served upon the respondent, it shall
10be served with the order or short form notification if such
11service is made by the sheriff, other law enforcement official,
12or special process server.
13    (d) If the person against whom the stalking no contact
14order is issued is arrested and the written order is issued in
15accordance with subsection (c) of Section 95 and received by
16the custodial law enforcement agency before the respondent or
17arrestee is released from custody, the custodial law
18enforcement agent shall promptly serve the order upon the
19respondent or arrestee before the respondent or arrestee is
20released from custody. In no event shall detention of the
21respondent or arrestee be extended for hearing on the petition
22for stalking no contact order or receipt of the order issued
23under Section 95 of this Act.
24    (e) Any order extending, modifying, or revoking any
25stalking no contact order shall be promptly recorded, issued,
26and served as provided in this Section.

 

 

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1    (f) Upon the request of the petitioner, within 24 hours of
2the issuance of a stalking no contact order, the clerk of the
3issuing judge shall send written notice of the order along with
4a certified copy of the order to any school, daycare, college,
5or university at which the petitioner is enrolled.
6(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
798-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
8    Section 10. The Civil No Contact Order Act is amended by
9changing Sections 208 and 218 as follows:
 
10    (740 ILCS 22/208)
11    Sec. 208. Process.
12    (a) Any action for a civil no contact order requires that a
13separate summons be issued and served. The summons shall be in
14the form prescribed by Supreme Court Rule 101(d), except that
15it shall require the respondent to answer or appear within 7
16days. Attachments to the summons or notice shall include the
17petition for civil no contact order and supporting affidavits,
18if any, and any emergency civil no contact order that has been
19issued.
20    (b) The summons shall be served by the sheriff or other law
21enforcement officer at the earliest time and shall take
22precedence over other summonses except those of a similar
23emergency nature. Special process servers may be appointed at
24any time, and their designation shall not affect the

 

 

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1responsibilities and authority of the sheriff or other official
2process servers.
3    (c) Service of process on a member of the respondent's
4household or by publication shall be adequate if: (1) the
5petitioner has made all reasonable efforts to accomplish actual
6service of process personally upon the respondent, but the
7respondent cannot be found to effect such service; and (2) the
8petitioner files an affidavit or presents sworn testimony as to
9those efforts.
10    (d) A plenary civil no contact order may be entered by
11default for the remedy sought in the petition, if the
12respondent has been served or given notice in accordance with
13subsection (a) and if the respondent then fails to appear as
14directed or fails to appear on any subsequent appearance or
15hearing date agreed to by the parties or set by the court.
16    (e) If an order is granted under subsection (c) of Section
17214, the court shall immediately file a certified copy of the
18order with the sheriff or other law enforcement official
19charged with maintaining Department of State Police records.
20(Source: P.A. 93-236, eff. 1-1-04.)
 
21    (740 ILCS 22/218)
22    Sec. 218. Notice of orders.
23    (a) Upon issuance of any civil no contact order, the clerk
24shall immediately, or on the next court day if an emergency
25order is issued in accordance with subsection (c) of Section

 

 

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1214:
2        (1) enter the order on the record and file it in
3    accordance with the circuit court procedures; and
4        (2) provide a file stamped copy of the order to the
5    respondent, if present, and to the petitioner.
6    (b) The clerk of the issuing judge shall, or the petitioner
7may, on the same day that a civil no contact order is issued,
8file a certified copy of that order with the sheriff or other
9law enforcement officials charged with maintaining Department
10of State Police records or charged with serving the order upon
11the respondent. If the order was issued in accordance with
12subsection (c) of Section 214, the clerk shall, on the next
13court day, file a certified copy of the order with the Sheriff
14or other law enforcement officials charged with maintaining
15Department of State Police records. If the respondent, at the
16time of the issuance of the order, is committed to the custody
17of the Illinois Department of Corrections or Illinois
18Department of Juvenile Justice, or is on parole, aftercare
19release, or mandatory supervised release, the sheriff or other
20law enforcement officials charged with maintaining Department
21of State Police records shall notify the Department of
22Corrections or Department of Juvenile Justice within 48 hours
23of receipt of a copy of the civil no contact order from the
24clerk of the issuing judge or the petitioner. Such notice shall
25include the name of the respondent, the respondent's IDOC
26inmate number or IDJJ youth identification number, the

 

 

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1respondent's date of birth, and the LEADS Record Index Number.
2    (c) Unless the respondent was present in court when the
3order was issued, the sheriff, other law enforcement official,
4or special process server shall promptly serve that order upon
5the respondent and file proof of such service in the manner
6provided for service of process in civil proceedings. Instead
7of serving the order upon the respondent, however, the sheriff,
8other law enforcement official, special process server, or
9other persons defined in Section 218.1 may serve the respondent
10with a short form notification as provided in Section 218.1. If
11process has not yet been served upon the respondent, it shall
12be served with the order or short form notification if such
13service is made by the sheriff, other law enforcement official,
14or special process server.
15    (d) If the person against whom the civil no contact order
16is issued is arrested and the written order is issued in
17accordance with subsection (c) of Section 214 and received by
18the custodial law enforcement agency before the respondent or
19arrestee is released from custody, the custodial law
20enforcement agent shall promptly serve the order upon the
21respondent or arrestee before the respondent or arrestee is
22released from custody. In no event shall detention of the
23respondent or arrestee be extended for hearing on the petition
24for civil no contact order or receipt of the order issued under
25Section 214 of this Act.
26    (e) Any order extending, modifying, or revoking any civil

 

 

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1no contact order shall be promptly recorded, issued, and served
2as provided in this Section.
3    (f) Upon the request of the petitioner, within 24 hours of
4the issuance of a civil no contact order, the clerk of the
5issuing judge shall send written notice of the order along with
6a certified copy of the order to any school, college, or
7university at which the petitioner is enrolled.
8(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
998-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
10    Section 15. The Illinois Domestic Violence Act of 1986 is
11amended by changing Sections 210 and 222 as follows:
 
12    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
13    Sec. 210. Process.
14    (a) Summons. Any action for an order of protection, whether
15commenced alone or in conjunction with another proceeding, is a
16distinct cause of action and requires that a separate summons
17be issued and served, except that in pending cases the
18following methods may be used:
19        (1) By delivery of the summons to respondent personally
20    in open court in pending civil or criminal cases.
21        (2) By notice in accordance with Section 210.1 in civil
22    cases in which the defendant has filed a general
23    appearance.
24    The summons shall be in the form prescribed by Supreme

 

 

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1Court Rule 101(d), except that it shall require respondent to
2answer or appear within 7 days. Attachments to the summons or
3notice shall include the petition for order of protection and
4supporting affidavits, if any, and any emergency order of
5protection that has been issued. The enforcement of an order of
6protection under Section 223 shall not be affected by the lack
7of service, delivery, or notice, provided the requirements of
8subsection (d) of that Section are otherwise met.
9    (b) Blank.
10    (c) Expedited service. The summons shall be served by the
11sheriff or other law enforcement officer at the earliest time
12and shall take precedence over other summonses except those of
13a similar emergency nature. Special process servers may be
14appointed at any time, and their designation shall not affect
15the responsibilities and authority of the sheriff or other
16official process servers. In counties with a population over
173,000,000, a special process server may not be appointed if the
18order of protection grants the surrender of a child, the
19surrender of a firearm or firearm owners identification card,
20or the exclusive possession of a shared residence.
21    (d) Remedies requiring actual notice. The counseling,
22payment of support, payment of shelter services, and payment of
23losses remedies provided by paragraphs 4, 12, 13, and 16 of
24subsection (b) of Section 214 may be granted only if respondent
25has been personally served with process, has answered or has
26made a general appearance.

 

 

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1    (e) Remedies upon constructive notice. Service of process
2on a member of respondent's household or by publication shall
3be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
46, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
5214, but only if: (i) petitioner has made all reasonable
6efforts to accomplish actual service of process personally upon
7respondent, but respondent cannot be found to effect such
8service and (ii) petitioner files an affidavit or presents
9sworn testimony as to those efforts.
10    (f) Default. A plenary order of protection may be entered
11by default as follows:
12        (1) For any of the remedies sought in the petition, if
13    respondent has been served or given notice in accordance
14    with subsection (a) and if respondent then fails to appear
15    as directed or fails to appear on any subsequent appearance
16    or hearing date agreed to by the parties or set by the
17    court; or
18        (2) For any of the remedies provided in accordance with
19    subsection (e), if respondent fails to answer or appear in
20    accordance with the date set in the publication notice or
21    the return date indicated on the service of a household
22    member.
23    (g) Emergency orders. If an order is granted under
24subsection (c) of Section 217, the court shall immediately file
25a certified copy of the order with the sheriff or other law
26enforcement official charged with maintaining Department of

 

 

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1State Police records.
2(Source: P.A. 99-240, eff. 1-1-16.)
 
3    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
4    Sec. 222. Notice of orders.
5    (a) Entry and issuance. Upon issuance of any order of
6protection, the clerk shall immediately, or on the next court
7day if an emergency order is issued in accordance with
8subsection (c) of Section 217, (i) enter the order on the
9record and file it in accordance with the circuit court
10procedures and (ii) provide a file stamped copy of the order to
11respondent, if present, and to petitioner.
12    (b) Filing with sheriff. The clerk of the issuing judge
13shall, or the petitioner may, on the same day that an order of
14protection is issued, file a certified copy of that order with
15the sheriff or other law enforcement officials charged with
16maintaining Department of State Police records or charged with
17serving the order upon respondent. If the order was issued in
18accordance with subsection (c) of Section 217, the clerk shall
19on the next court day, file a certified copy of the order with
20the Sheriff or other law enforcement officials charged with
21maintaining Department of State Police records. If the
22respondent, at the time of the issuance of the order, is
23committed to the custody of the Illinois Department of
24Corrections or Illinois Department of Juvenile Justice or is on
25parole, aftercare release, or mandatory supervised release,

 

 

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1the sheriff or other law enforcement officials charged with
2maintaining Department of State Police records shall notify the
3Department of Corrections or Department of Juvenile Justice
4within 48 hours of receipt of a copy of the order of protection
5from the clerk of the issuing judge or the petitioner. Such
6notice shall include the name of the respondent, the
7respondent's IDOC inmate number or IDJJ youth identification
8number, the respondent's date of birth, and the LEADS Record
9Index Number.
10    (c) Service by sheriff. Unless respondent was present in
11court when the order was issued, the sheriff, other law
12enforcement official or special process server shall promptly
13serve that order upon respondent and file proof of such
14service, in the manner provided for service of process in civil
15proceedings. Instead of serving the order upon the respondent,
16however, the sheriff, other law enforcement official, special
17process server, or other persons defined in Section 222.10 may
18serve the respondent with a short form notification as provided
19in Section 222.10. If process has not yet been served upon the
20respondent, it shall be served with the order or short form
21notification if such service is made by the sheriff, other law
22enforcement official, or special process server. A single fee
23may be charged for service of an order obtained in civil court,
24or for service of such an order together with process, unless
25waived or deferred under Section 210.
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 217 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 order of protection or receipt of the order issued under
10Section 217 of this Act.
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 schools. Upon the request of the petitioner,
16within 24 hours of the issuance of an order of protection, the
17clerk of the issuing judge shall send a certified copy of the
18order of protection to the day-care facility, pre-school or
19pre-kindergarten, or private school or the principal office of
20the public school district or any college or university in
21which any child who is a protected person under the order of
22protection or any child of the petitioner is enrolled as
23requested by the petitioner at the mailing address provided by
24the petitioner. If the child transfers enrollment to another
25day-care facility, pre-school, pre-kindergarten, private
26school, public school, college, or university, the petitioner

 

 

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

 

 

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1practitioners. Upon the request of the petitioner, the clerk of
2the circuit court shall send a certified copy of the order of
3protection to any specified health care facility or health care
4practitioner requested by the petitioner at the mailing address
5provided by the petitioner.
6    (h) Disclosure by health care facilities and health care
7practitioners. After receiving a certified copy of an order of
8protection that prohibits a respondent's access to records, no
9health care facility or health care practitioner shall allow a
10respondent access to the records of any child who is a
11protected person under the order of protection, or release
12information in those records to the respondent, unless the
13order has expired or the respondent shows a certified copy of
14the court order vacating the corresponding order of protection
15that was sent to the health care facility or practitioner.
16Nothing in this Section shall be construed to require health
17care facilities or health care practitioners to alter
18procedures related to billing and payment. The health care
19facility or health care practitioner may file the copy of the
20order of protection in the records of a child who is a
21protected person under the order of protection, or may employ
22any other method to identify the records to which a respondent
23is prohibited access. No health care facility or health care
24practitioner shall be civilly or professionally liable for
25reliance on a copy of an order of protection, except for
26willful and wanton misconduct.

 

 

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1(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
2eff. 1-1-14.)