Full Text of HB3396 101st General Assembly
HB3396sam001 101ST GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 5/17/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3396
| 2 | | AMENDMENT NO. ______. Amend House Bill 3396 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | enforcement officer at the earliest time and shall take | 2 | | precedence over other summonses except those of a similar | 3 | | emergency nature. Special process servers may be appointed at | 4 | | any time, and their designation shall not affect the | 5 | | responsibilities and authority of the sheriff or other official | 6 | | process servers. | 7 | | (c) Service of process on a member of the respondent's | 8 | | household or by publication shall be adequate if: (1) the | 9 | | petitioner has made all reasonable efforts to accomplish actual | 10 | | service of process personally upon the respondent, but the | 11 | | respondent cannot be found to effect such service; and (2) the | 12 | | petitioner files an affidavit or presents sworn testimony as to | 13 | | those efforts. | 14 | | (d) A plenary stalking no contact order may be entered by | 15 | | default for the remedy sought in the petition, if the | 16 | | respondent has been served or given notice in accordance with | 17 | | subsection (a) and if the respondent then fails to appear as | 18 | | directed or fails to appear on any subsequent appearance or | 19 | | hearing date agreed to by the parties or set by the court.
| 20 | | (e) If an order is granted under subsection (c) of Section | 21 | | 95, the court shall immediately file a certified copy of the | 22 | | order with the sheriff or other law enforcement official | 23 | | charged with maintaining Department of State Police records. | 24 | | (Source: P.A. 96-246, eff. 1-1-10.)
| 25 | | (740 ILCS 21/115)
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| 1 | | Sec. 115. Notice of orders. | 2 | | (a) Upon issuance of any stalking no contact order, the | 3 | | clerk shall immediately , or on the next court day if an | 4 | | emergency order is issued in accordance with subsection (c) of | 5 | | Section 95 : | 6 | | (1) enter the order on the record and file it in | 7 | | accordance with the circuit court procedures; and | 8 | | (2) provide a file stamped copy of the order to the | 9 | | respondent, if present, and to the petitioner. | 10 | | (b) The clerk of the issuing judge shall, or the petitioner | 11 | | may, on the same day that a stalking no contact order is | 12 | | issued, file a certified copy of that order with the sheriff or | 13 | | other law enforcement officials charged with maintaining | 14 | | Department of State Police records or charged with serving the | 15 | | order upon the respondent. If the order was issued in | 16 | | accordance with subsection (c) of Section 95, the clerk shall, | 17 | | on the next court day, file a certified copy of the order with | 18 | | the sheriff or other law enforcement officials charged with | 19 | | maintaining Department of State Police records. If the | 20 | | respondent, at the time of the issuance of the order, is | 21 | | committed to the custody of the Illinois Department of | 22 | | Corrections or Illinois Department of Juvenile Justice or is on | 23 | | parole, aftercare release, or mandatory supervised release, | 24 | | the sheriff or other law enforcement officials charged with | 25 | | maintaining Department of State Police records shall notify the | 26 | | Department of Corrections or Department of Juvenile Justice |
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| 1 | | within 48 hours of receipt of a copy of the stalking no contact | 2 | | order from the clerk of the issuing judge or the petitioner. | 3 | | Such notice shall include the name of the respondent, the | 4 | | respondent's IDOC inmate number or IDJJ youth identification | 5 | | number, the respondent's date of birth, and the LEADS Record | 6 | | Index Number. | 7 | | (c) Unless the respondent was present in court when the | 8 | | order was issued, the sheriff, other law enforcement official, | 9 | | or special process server shall promptly serve that order upon | 10 | | the respondent and file proof of such service in the manner | 11 | | provided for service of process in civil proceedings. Instead | 12 | | of serving the order upon the respondent, however, the sheriff, | 13 | | other law enforcement official, special process server, or | 14 | | other persons defined in Section 117 may serve the respondent | 15 | | with a short form notification as provided in Section 117. If | 16 | | process has not yet been served upon the respondent, it shall | 17 | | be served with the order or short form notification if such | 18 | | service is made by the sheriff, other law enforcement official, | 19 | | or special process server. | 20 | | (d) If the person against whom the stalking no contact | 21 | | order is issued is arrested and the written order is issued in | 22 | | accordance with subsection (c) of Section 95 and received by | 23 | | the custodial law enforcement agency before the respondent or | 24 | | arrestee is released from custody, the custodial law | 25 | | enforcement agent shall promptly serve the order upon the | 26 | | respondent or arrestee before the respondent or arrestee is |
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| 1 | | released from custody. In no event shall detention of the | 2 | | respondent or arrestee be extended for hearing on the petition | 3 | | for stalking no contact order or receipt of the order issued | 4 | | under Section 95 of this Act. | 5 | | (e) Any order extending, modifying, or revoking any | 6 | | stalking no contact order shall be promptly recorded, issued, | 7 | | and served as provided in this Section. | 8 | | (f) Upon the request of the petitioner, within 24 hours of | 9 | | the issuance of a stalking no contact order, the clerk of the | 10 | | issuing judge shall send written notice of the order along with | 11 | | a certified copy of the order to any school, daycare, college, | 12 | | or university at which the petitioner is enrolled.
| 13 | | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | 14 | | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
| 15 | | Section 10. The Civil No Contact Order Act is amended by | 16 | | changing Sections 208 and 218 as follows:
| 17 | | (740 ILCS 22/208)
| 18 | | Sec. 208. Process.
| 19 | | (a) Any action for a civil no contact order requires that a | 20 | | separate
summons be issued and
served. The summons shall be in | 21 | | the form prescribed by Supreme Court
Rule
101(d), except that | 22 | | it shall require the respondent to answer or appear
within 7 | 23 | | days. Attachments to the summons or notice shall include the
| 24 | | petition for civil no contact order and supporting affidavits, |
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| 1 | | if any, and
any emergency civil no contact order that has been | 2 | | issued.
| 3 | | (b) The summons shall be served by the sheriff
or other law | 4 | | enforcement officer at the earliest time and shall take
| 5 | | precedence over other summonses except those of a similar | 6 | | emergency
nature. Special process servers may be appointed at | 7 | | any time, and their
designation shall not affect the | 8 | | responsibilities and authority of the
sheriff or other official | 9 | | process servers.
| 10 | | (c) Service of process on a member of the respondent's | 11 | | household or
by publication shall be adequate if: (1) the | 12 | | petitioner
has made all reasonable efforts to accomplish actual | 13 | | service of process
personally upon the respondent, but the | 14 | | respondent cannot be found to effect
such service; and (2) the | 15 | | petitioner files an affidavit or presents sworn
testimony as to | 16 | | those efforts.
| 17 | | (d) A plenary civil no contact order may be entered by
| 18 | | default for the remedy sought in the petition, if the | 19 | | respondent has been
served or given notice in accordance with
| 20 | | subsection (a) and if the respondent then fails to appear as | 21 | | directed or
fails to appear on any subsequent appearance or | 22 | | hearing date agreed
to by the parties or set by the court.
| 23 | | (e) If an order is granted under subsection (c) of Section | 24 | | 214, the court shall immediately file a certified copy of the | 25 | | order with the sheriff or other law enforcement official | 26 | | charged with maintaining Department of State Police records. |
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| 1 | | (Source: P.A. 93-236, eff. 1-1-04.)
| 2 | | (740 ILCS 22/218)
| 3 | | Sec. 218. Notice of orders.
| 4 | | (a) Upon issuance of any civil no contact order, the clerk | 5 | | shall
immediately , or on the next court day if an emergency | 6 | | order is issued in
accordance with subsection (c) of Section | 7 | | 214 :
| 8 | | (1) enter the order on the record and file it in | 9 | | accordance with the
circuit court procedures; and
| 10 | | (2) provide a file stamped copy of the order to the | 11 | | respondent, if
present, and to the petitioner.
| 12 | | (b) The clerk of the issuing judge shall, or the petitioner | 13 | | may, on the
same day that a civil no contact order is issued, | 14 | | file a certified copy of that
order with the sheriff or other | 15 | | law enforcement officials charged with
maintaining Department | 16 | | of State Police records or charged with serving the
order upon | 17 | | the respondent. If the order was issued in accordance with
| 18 | | subsection (c) of Section 214, the clerk shall, on the next | 19 | | court day, file a
certified copy of the order with the Sheriff | 20 | | or other law enforcement officials
charged with maintaining | 21 | | Department of State Police records. If the respondent, at the | 22 | | time of the issuance of the order, is committed to the custody | 23 | | of the Illinois Department of Corrections or Illinois | 24 | | Department of Juvenile Justice, or is on parole, aftercare | 25 | | release, or mandatory supervised release, the sheriff or other |
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| 1 | | law enforcement officials charged with maintaining Department | 2 | | of State Police records shall notify the Department of | 3 | | Corrections or Department of Juvenile Justice within 48 hours | 4 | | of receipt of a copy of the civil no contact order from the | 5 | | clerk of the issuing judge or the petitioner. Such notice shall | 6 | | include the name of the respondent, the respondent's IDOC | 7 | | inmate number or IDJJ youth identification number, the | 8 | | respondent's date of birth, and the LEADS Record Index Number.
| 9 | | (c) Unless the respondent was present in court when the | 10 | | order was
issued, the sheriff, other law enforcement official, | 11 | | or special process server
shall promptly serve that order upon | 12 | | the respondent and file proof of such
service in the manner | 13 | | provided for service of process in civil proceedings. Instead | 14 | | of serving the order upon the respondent, however, the sheriff, | 15 | | other law enforcement official, special process server, or | 16 | | other persons defined in Section 218.1 may serve the respondent | 17 | | with a short form notification as provided in Section 218.1. If
| 18 | | process has not yet been served upon the respondent, it shall | 19 | | be served with
the order or short form notification if such | 20 | | service is made by the sheriff, other law enforcement official, | 21 | | or special process server.
| 22 | | (d) If the person against whom the civil no contact order | 23 | | is issued is
arrested and the written order is issued in | 24 | | accordance with subsection (c) of
Section 214 and received by | 25 | | the custodial law enforcement agency before
the respondent or | 26 | | arrestee is released from custody, the custodial law
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| 1 | | enforcement agent shall promptly serve the order upon the | 2 | | respondent or
arrestee before the respondent or arrestee is | 3 | | released from custody. In no
event shall detention of the | 4 | | respondent or arrestee be extended for hearing
on the petition | 5 | | for civil no contact order or receipt of the order issued under
| 6 | | Section 214 of this Act.
| 7 | | (e) Any order extending, modifying, or revoking any civil | 8 | | no contact
order shall be promptly recorded, issued, and served | 9 | | as provided in this
Section.
| 10 | | (f) Upon the request of the
petitioner, within 24 hours of | 11 | | the issuance of a civil no contact order, the
clerk of the | 12 | | issuing judge shall
send written notice of the order along with
| 13 | | a certified copy of the order to any school, college, or | 14 | | university at which
the
petitioner is enrolled.
| 15 | | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | 16 | | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
| 17 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 18 | | amended by changing Sections 210 and 222 as follows:
| 19 | | (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
| 20 | | Sec. 210. Process.
| 21 | | (a) Summons. Any action for an order
of protection, whether | 22 | | commenced alone or in conjunction with another
proceeding, is a | 23 | | distinct cause of action and requires that a separate
summons | 24 | | be issued and served, except that in pending cases the |
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| 1 | | following
methods may be used:
| 2 | | (1) By delivery of the summons to respondent personally | 3 | | in open
court in pending civil or criminal cases.
| 4 | | (2) By notice in accordance with Section 210.1 in civil | 5 | | cases in which
the defendant has filed a general | 6 | | appearance.
| 7 | | The summons shall be in the form prescribed
by Supreme | 8 | | Court Rule 101(d), except that it shall require respondent to
| 9 | | answer or appear within 7 days.
Attachments to the summons or | 10 | | notice shall include the petition for order
of protection and | 11 | | supporting affidavits, if any, and any emergency order of
| 12 | | protection that has been issued. The enforcement of an order of | 13 | | protection
under Section 223 shall not be affected by the lack | 14 | | of service, delivery,
or notice, provided the requirements of | 15 | | subsection (d) of that Section are
otherwise met.
| 16 | | (b) Blank.
| 17 | | (c) Expedited service. The summons shall be served by the | 18 | | sheriff or
other law enforcement officer at the earliest time | 19 | | and shall take
precedence over other summonses except those of | 20 | | a similar emergency nature.
Special process servers may be | 21 | | appointed at any time, and their
designation shall not affect | 22 | | the responsibilities and authority of the
sheriff or other | 23 | | official process servers. In counties with a population over | 24 | | 3,000,000, a special process server may not be appointed if the | 25 | | order of protection grants the surrender of a child, the | 26 | | surrender of a firearm or firearm owners identification card, |
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| 1 | | or the exclusive possession of a shared residence.
| 2 | | (d) Remedies requiring actual notice. The counseling, | 3 | | payment of
support, payment of shelter services,
and payment of | 4 | | losses remedies provided by paragraphs 4,
12, 13, and 16 of | 5 | | subsection (b) of Section 214 may be granted only if
respondent | 6 | | has
been personally served with process, has answered or has | 7 | | made a general
appearance.
| 8 | | (e) Remedies upon constructive notice. Service of process | 9 | | on a member
of respondent's household or by publication shall | 10 | | be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, | 11 | | 6, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section | 12 | | 214, but only if: (i) petitioner has made all reasonable
| 13 | | efforts to accomplish actual service of process personally upon | 14 | | respondent,
but respondent cannot be found to effect such | 15 | | service and (ii) petitioner
files an affidavit or presents | 16 | | sworn testimony
as to those efforts.
| 17 | | (f) Default. A plenary order of protection may be entered | 18 | | by default as follows:
| 19 | | (1) For any of the remedies sought in the petition, if | 20 | | respondent
has been served or given notice in accordance | 21 | | with subsection (a) and if
respondent then fails to appear | 22 | | as directed or fails to appear on any subsequent
appearance | 23 | | or hearing date agreed to by the parties or set by the | 24 | | court; or
| 25 | | (2) For any of the remedies provided in accordance with | 26 | | subsection
(e), if respondent fails to answer or appear in |
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| 1 | | accordance with the
date set in the publication notice or | 2 | | the return date indicated on the
service of a household | 3 | | member.
| 4 | | (g) Emergency orders. If an order is granted under | 5 | | subsection (c) of Section 217, the court shall immediately file | 6 | | a certified copy of the order with the sheriff or other law | 7 | | enforcement official charged with maintaining Department of | 8 | | State Police records. | 9 | | (Source: P.A. 99-240, eff. 1-1-16 .)
| 10 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| 11 | | Sec. 222. Notice of orders.
| 12 | | (a) Entry and issuance. Upon issuance of any order of | 13 | | protection, the
clerk shall immediately , or on the next court | 14 | | day if an emergency order is
issued in accordance with | 15 | | subsection (c) of Section 217,
(i) enter the order on the | 16 | | record and file it
in accordance with the circuit court | 17 | | procedures and (ii) provide a file stamped
copy of the order to | 18 | | respondent, if
present, and to petitioner.
| 19 | | (b) Filing with sheriff. The clerk of the issuing judge | 20 | | shall, or
the petitioner may, on the same day that an order of | 21 | | protection is
issued, file a certified copy of that order with | 22 | | the sheriff or other law
enforcement officials charged with | 23 | | maintaining Department of State Police
records or charged with | 24 | | serving the order upon respondent.
If the order was issued in | 25 | | accordance with subsection (c) of Section 217,
the clerk
shall |
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| 1 | | on the next court day, file a certified copy of the order with | 2 | | the
Sheriff or other law enforcement officials charged with | 3 | | maintaining Department
of State Police records. If the | 4 | | respondent, at the time of the issuance of the order, is | 5 | | committed to the custody of the Illinois Department of | 6 | | Corrections or Illinois Department of Juvenile Justice or is on | 7 | | parole, aftercare release, or mandatory supervised release, | 8 | | the sheriff or other law enforcement officials charged with | 9 | | maintaining Department of State Police records shall notify the | 10 | | Department of Corrections or Department of Juvenile Justice | 11 | | within 48 hours of receipt of a copy of the order of protection | 12 | | from the clerk of the issuing judge or the petitioner. Such | 13 | | notice shall include the name of the respondent, the | 14 | | respondent's IDOC inmate number or IDJJ youth identification | 15 | | number, the respondent's date of birth, and the LEADS Record | 16 | | Index Number.
| 17 | | (c) Service by sheriff. Unless respondent was present in | 18 | | court when the
order was issued, the sheriff, other law | 19 | | enforcement official or special
process server shall
promptly | 20 | | serve that order upon respondent and file proof of such | 21 | | service,
in the manner provided for service of process in civil | 22 | | proceedings.
Instead of serving the order upon the respondent, | 23 | | however, the sheriff, other
law enforcement official, special | 24 | | process server, or other persons defined in Section 222.10 may | 25 | | serve the respondent
with a short form notification as provided | 26 | | in Section 222.10.
If
process has not yet been served upon the |
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| 1 | | respondent, it shall be served
with the order or short form | 2 | | notification if such service is made by the sheriff, other law | 3 | | enforcement official, or special process server. A single fee | 4 | | may be charged for
service of an order
obtained in civil court, | 5 | | or for service of such an order together with
process, unless | 6 | | waived or deferred under Section 210.
| 7 | | (c-5) If the person against whom the order of protection is | 8 | | issued is
arrested and the written order is issued in | 9 | | accordance with subsection (c) of
Section 217
and received by | 10 | | the custodial law enforcement agency before the respondent or
| 11 | | arrestee is released from custody, the custodial law | 12 | | enforcement agent shall
promptly serve the order upon the | 13 | | respondent or arrestee before the
respondent or arrestee is | 14 | | released from custody. In no event shall detention
of the | 15 | | respondent or arrestee be extended for hearing on the petition | 16 | | for order
of protection or receipt of the order issued under | 17 | | Section 217 of this Act.
| 18 | | (d) Extensions, modifications and revocations. Any order | 19 | | extending,
modifying or revoking any order of protection shall | 20 | | be promptly recorded,
issued and served as provided in this | 21 | | Section.
| 22 | | (e) Notice to schools. Upon the request of the petitioner, | 23 | | within 24
hours of the issuance of an order of
protection, the | 24 | | clerk of the issuing judge shall
send a certified copy of
the | 25 | | order of protection to the day-care facility,
pre-school or | 26 | | pre-kindergarten, or private school or the principal
office of |
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| 1 | | the public school district or any college or university in | 2 | | which any child who
is a protected person under the order of | 3 | | protection or any child
of
the
petitioner is enrolled as | 4 | | requested by the petitioner at the mailing address provided by | 5 | | the petitioner.
If the child transfers enrollment to another | 6 | | day-care facility, pre-school,
pre-kindergarten,
private | 7 | | school, public school, college, or university, the petitioner | 8 | | may,
within 24 hours
of the transfer, send to the clerk written | 9 | | notice of the transfer, including
the name and
address of the | 10 | | institution to which the child is transferring.
Within 24 hours | 11 | | of receipt of notice
from the petitioner that a child is | 12 | | transferring to another day-care facility,
pre-school, | 13 | | pre-kindergarten, private school, public school, college, or
| 14 | | university, the clerk shall send a certified copy of the order | 15 | | to the institution to which the child
is
transferring.
| 16 | | (f) Disclosure by schools. After receiving a certified copy | 17 | | of an order
of protection that prohibits a respondent's access | 18 | | to records, neither a
day-care facility, pre-school, | 19 | | pre-kindergarten, public
or private school, college, or | 20 | | university nor its employees shall allow a
respondent access to | 21 | | a
protected child's records or release information in those | 22 | | records to the
respondent. The school shall file
the copy of | 23 | | the order of protection in the records of a child who
is a | 24 | | protected person under the order of protection. When a child | 25 | | who is a
protected person under the order of protection | 26 | | transfers to another day-care
facility, pre-school, |
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| 1 | | pre-kindergarten, public or private school, college, or
| 2 | | university, the institution from which the child is | 3 | | transferring may, at the
request of the petitioner, provide,
| 4 | | within 24 hours of the transfer, written notice of the order of | 5 | | protection,
along with a certified copy of the order, to the | 6 | | institution to which the child
is
transferring.
| 7 | | (g) Notice to health care facilities and health care | 8 | | practitioners. Upon the request of the petitioner, the clerk of | 9 | | the circuit court shall send a certified copy of the order of | 10 | | protection to any specified health care facility or health care | 11 | | practitioner requested by the petitioner at the mailing address | 12 | | provided by the petitioner. | 13 | | (h) Disclosure by health care facilities and health care | 14 | | practitioners. After receiving a certified copy of an order of | 15 | | protection that prohibits a respondent's access to records, no | 16 | | health care facility or health care practitioner shall allow a | 17 | | respondent access to the records of any child who is a | 18 | | protected person under the order of protection, or release | 19 | | information in those records to the respondent, unless the | 20 | | order has expired or the respondent shows a certified copy of | 21 | | the court order vacating the corresponding order of protection | 22 | | that was sent to the health care facility or practitioner. | 23 | | Nothing in this Section shall be construed to require health | 24 | | care facilities or health care practitioners to alter | 25 | | procedures related to billing and payment. The health care | 26 | | facility or health care practitioner may file the copy of the |
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| 1 | | order of protection in the records of a child who is a | 2 | | protected person under the order of protection, or may employ | 3 | | any other method to identify the records to which a respondent | 4 | | is prohibited access. No health care facility or health care | 5 | | practitioner shall be civilly or professionally liable for | 6 | | reliance on a copy of an order of protection, except for | 7 | | willful and wanton misconduct. | 8 | | (Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, | 9 | | eff. 1-1-14.)".
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