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
3everything after the enacting clause with the following:
 
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

 

 

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1enforcement officer at the earliest time and shall take
2precedence over other summonses except those of a similar
3emergency nature. Special process servers may be appointed at
4any time, and their designation shall not affect the
5responsibilities and authority of the sheriff or other official
6process servers.
7    (c) Service of process on a member of the respondent's
8household or by publication shall be adequate if: (1) the
9petitioner has made all reasonable efforts to accomplish actual
10service of process personally upon the respondent, but the
11respondent cannot be found to effect such service; and (2) the
12petitioner files an affidavit or presents sworn testimony as to
13those efforts.
14    (d) A plenary stalking no contact order may be entered by
15default for the remedy sought in the petition, if the
16respondent has been served or given notice in accordance with
17subsection (a) and if the respondent then fails to appear as
18directed or fails to appear on any subsequent appearance or
19hearing date agreed to by the parties or set by the court.
20    (e) If an order is granted under subsection (c) of Section
2195, the court shall immediately file a certified copy of the
22order with the sheriff or other law enforcement official
23charged 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
3clerk shall immediately, or on the next court day if an
4emergency order is issued in accordance with subsection (c) of
5Section 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
11may, on the same day that a stalking no contact order is
12issued, file a certified copy of that order with the sheriff or
13other law enforcement officials charged with maintaining
14Department of State Police records or charged with serving the
15order upon the respondent. If the order was issued in
16accordance with subsection (c) of Section 95, the clerk shall,
17on the next court day, file a certified copy of the order with
18the sheriff or other law enforcement officials charged with
19maintaining Department of State Police records. If the
20respondent, at the time of the issuance of the order, is
21committed to the custody of the Illinois Department of
22Corrections or Illinois Department of Juvenile Justice or is on
23parole, aftercare release, or mandatory supervised release,
24the sheriff or other law enforcement officials charged with
25maintaining Department of State Police records shall notify the
26Department of Corrections or Department of Juvenile Justice

 

 

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1within 48 hours of receipt of a copy of the stalking no contact
2order from the clerk of the issuing judge or the petitioner.
3Such notice shall include the name of the respondent, the
4respondent's IDOC inmate number or IDJJ youth identification
5number, the respondent's date of birth, and the LEADS Record
6Index Number.
7    (c) Unless the respondent was present in court when the
8order was issued, the sheriff, other law enforcement official,
9or special process server shall promptly serve that order upon
10the respondent and file proof of such service in the manner
11provided for service of process in civil proceedings. Instead
12of serving the order upon the respondent, however, the sheriff,
13other law enforcement official, special process server, or
14other persons defined in Section 117 may serve the respondent
15with a short form notification as provided in Section 117. If
16process has not yet been served upon the respondent, it shall
17be served with the order or short form notification if such
18service is made by the sheriff, other law enforcement official,
19or special process server.
20    (d) If the person against whom the stalking no contact
21order is issued is arrested and the written order is issued in
22accordance with subsection (c) of Section 95 and received by
23the custodial law enforcement agency before the respondent or
24arrestee is released from custody, the custodial law
25enforcement agent shall promptly serve the order upon the
26respondent or arrestee before the respondent or arrestee is

 

 

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1released from custody. In no event shall detention of the
2respondent or arrestee be extended for hearing on the petition
3for stalking no contact order or receipt of the order issued
4under Section 95 of this Act.
5    (e) Any order extending, modifying, or revoking any
6stalking no contact order shall be promptly recorded, issued,
7and served as provided in this Section.
8    (f) Upon the request of the petitioner, within 24 hours of
9the issuance of a stalking no contact order, the clerk of the
10issuing judge shall send written notice of the order along with
11a certified copy of the order to any school, daycare, college,
12or university at which the petitioner is enrolled.
13(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
1498-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
15    Section 10. The Civil No Contact Order Act is amended by
16changing 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
20separate summons be issued and served. The summons shall be in
21the form prescribed by Supreme Court Rule 101(d), except that
22it shall require the respondent to answer or appear within 7
23days. Attachments to the summons or notice shall include the
24petition for civil no contact order and supporting affidavits,

 

 

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1if any, and any emergency civil no contact order that has been
2issued.
3    (b) The summons shall be served by the sheriff or other law
4enforcement officer at the earliest time and shall take
5precedence over other summonses except those of a similar
6emergency nature. Special process servers may be appointed at
7any time, and their designation shall not affect the
8responsibilities and authority of the sheriff or other official
9process servers.
10    (c) Service of process on a member of the respondent's
11household or by publication shall be adequate if: (1) the
12petitioner has made all reasonable efforts to accomplish actual
13service of process personally upon the respondent, but the
14respondent cannot be found to effect such service; and (2) the
15petitioner files an affidavit or presents sworn testimony as to
16those efforts.
17    (d) A plenary civil no contact order may be entered by
18default for the remedy sought in the petition, if the
19respondent has been served or given notice in accordance with
20subsection (a) and if the respondent then fails to appear as
21directed or fails to appear on any subsequent appearance or
22hearing date agreed to by the parties or set by the court.
23    (e) If an order is granted under subsection (c) of Section
24214, the court shall immediately file a certified copy of the
25order with the sheriff or other law enforcement official
26charged 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
5shall immediately, or on the next court day if an emergency
6order is issued in accordance with subsection (c) of Section
7214:
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
13may, on the same day that a civil no contact order is issued,
14file a certified copy of that order with the sheriff or other
15law enforcement officials charged with maintaining Department
16of State Police records or charged with serving the order upon
17the respondent. If the order was issued in accordance with
18subsection (c) of Section 214, the clerk shall, on the next
19court day, file a certified copy of the order with the Sheriff
20or other law enforcement officials charged with maintaining
21Department of State Police records. If the respondent, at the
22time of the issuance of the order, is committed to the custody
23of the Illinois Department of Corrections or Illinois
24Department of Juvenile Justice, or is on parole, aftercare
25release, or mandatory supervised release, the sheriff or other

 

 

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1law enforcement officials charged with maintaining Department
2of State Police records shall notify the Department of
3Corrections or Department of Juvenile Justice within 48 hours
4of receipt of a copy of the civil no contact order from the
5clerk of the issuing judge or the petitioner. Such notice shall
6include the name of the respondent, the respondent's IDOC
7inmate number or IDJJ youth identification number, the
8respondent's date of birth, and the LEADS Record Index Number.
9    (c) Unless the respondent was present in court when the
10order was issued, the sheriff, other law enforcement official,
11or special process server shall promptly serve that order upon
12the respondent and file proof of such service in the manner
13provided for service of process in civil proceedings. Instead
14of serving the order upon the respondent, however, the sheriff,
15other law enforcement official, special process server, or
16other persons defined in Section 218.1 may serve the respondent
17with a short form notification as provided in Section 218.1. If
18process has not yet been served upon the respondent, it shall
19be served with the order or short form notification if such
20service is made by the sheriff, other law enforcement official,
21or special process server.
22    (d) If the person against whom the civil no contact order
23is issued is arrested and the written order is issued in
24accordance with subsection (c) of Section 214 and received by
25the custodial law enforcement agency before the respondent or
26arrestee is released from custody, the custodial law

 

 

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1enforcement agent shall promptly serve the order upon the
2respondent or arrestee before the respondent or arrestee is
3released from custody. In no event shall detention of the
4respondent or arrestee be extended for hearing on the petition
5for civil no contact order or receipt of the order issued under
6Section 214 of this Act.
7    (e) Any order extending, modifying, or revoking any civil
8no contact order shall be promptly recorded, issued, and served
9as provided in this Section.
10    (f) Upon the request of the petitioner, within 24 hours of
11the issuance of a civil no contact order, the clerk of the
12issuing judge shall send written notice of the order along with
13a certified copy of the order to any school, college, or
14university at which the petitioner is enrolled.
15(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
1698-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
 
17    Section 15. The Illinois Domestic Violence Act of 1986 is
18amended 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
22commenced alone or in conjunction with another proceeding, is a
23distinct cause of action and requires that a separate summons
24be issued and served, except that in pending cases the

 

 

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1following 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
8Court Rule 101(d), except that it shall require respondent to
9answer or appear within 7 days. Attachments to the summons or
10notice shall include the petition for order of protection and
11supporting affidavits, if any, and any emergency order of
12protection that has been issued. The enforcement of an order of
13protection under Section 223 shall not be affected by the lack
14of service, delivery, or notice, provided the requirements of
15subsection (d) of that Section are otherwise met.
16    (b) Blank.
17    (c) Expedited service. The summons shall be served by the
18sheriff or other law enforcement officer at the earliest time
19and shall take precedence over other summonses except those of
20a similar emergency nature. Special process servers may be
21appointed at any time, and their designation shall not affect
22the responsibilities and authority of the sheriff or other
23official process servers. In counties with a population over
243,000,000, a special process server may not be appointed if the
25order of protection grants the surrender of a child, the
26surrender of a firearm or firearm owners identification card,

 

 

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1or the exclusive possession of a shared residence.
2    (d) Remedies requiring actual notice. The counseling,
3payment of support, payment of shelter services, and payment of
4losses remedies provided by paragraphs 4, 12, 13, and 16 of
5subsection (b) of Section 214 may be granted only if respondent
6has been personally served with process, has answered or has
7made a general appearance.
8    (e) Remedies upon constructive notice. Service of process
9on a member of respondent's household or by publication shall
10be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
116, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
12214, but only if: (i) petitioner has made all reasonable
13efforts to accomplish actual service of process personally upon
14respondent, but respondent cannot be found to effect such
15service and (ii) petitioner files an affidavit or presents
16sworn testimony as to those efforts.
17    (f) Default. A plenary order of protection may be entered
18by 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
5subsection (c) of Section 217, the court shall immediately file
6a certified copy of the order with the sheriff or other law
7enforcement official charged with maintaining Department of
8State 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
13protection, the clerk shall immediately, or on the next court
14day if an emergency order is issued in accordance with
15subsection (c) of Section 217, (i) enter the order on the
16record and file it in accordance with the circuit court
17procedures and (ii) provide a file stamped copy of the order to
18respondent, if present, and to petitioner.
19    (b) Filing with sheriff. The clerk of the issuing judge
20shall, or the petitioner may, on the same day that an order of
21protection is issued, file a certified copy of that order with
22the sheriff or other law enforcement officials charged with
23maintaining Department of State Police records or charged with
24serving the order upon respondent. If the order was issued in
25accordance with subsection (c) of Section 217, the clerk shall

 

 

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1on the next court day, file a certified copy of the order with
2the Sheriff or other law enforcement officials charged with
3maintaining Department of State Police records. If the
4respondent, at the time of the issuance of the order, is
5committed to the custody of the Illinois Department of
6Corrections or Illinois Department of Juvenile Justice or is on
7parole, aftercare release, or mandatory supervised release,
8the sheriff or other law enforcement officials charged with
9maintaining Department of State Police records shall notify the
10Department of Corrections or Department of Juvenile Justice
11within 48 hours of receipt of a copy of the order of protection
12from the clerk of the issuing judge or the petitioner. Such
13notice shall include the name of the respondent, the
14respondent's IDOC inmate number or IDJJ youth identification
15number, the respondent's date of birth, and the LEADS Record
16Index Number.
17    (c) Service by sheriff. Unless respondent was present in
18court when the order was issued, the sheriff, other law
19enforcement official or special process server shall promptly
20serve that order upon respondent and file proof of such
21service, in the manner provided for service of process in civil
22proceedings. Instead of serving the order upon the respondent,
23however, the sheriff, other law enforcement official, special
24process server, or other persons defined in Section 222.10 may
25serve the respondent with a short form notification as provided
26in Section 222.10. If process has not yet been served upon the

 

 

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1respondent, it shall be served with the order or short form
2notification if such service is made by the sheriff, other law
3enforcement official, or special process server. A single fee
4may be charged for service of an order obtained in civil court,
5or for service of such an order together with process, unless
6waived or deferred under Section 210.
7    (c-5) If the person against whom the order of protection is
8issued is arrested and the written order is issued in
9accordance with subsection (c) of Section 217 and received by
10the custodial law enforcement agency before the respondent or
11arrestee is released from custody, the custodial law
12enforcement agent shall promptly serve the order upon the
13respondent or arrestee before the respondent or arrestee is
14released from custody. In no event shall detention of the
15respondent or arrestee be extended for hearing on the petition
16for order of protection or receipt of the order issued under
17Section 217 of this Act.
18    (d) Extensions, modifications and revocations. Any order
19extending, modifying or revoking any order of protection shall
20be promptly recorded, issued and served as provided in this
21Section.
22    (e) Notice to schools. Upon the request of the petitioner,
23within 24 hours of the issuance of an order of protection, the
24clerk of the issuing judge shall send a certified copy of the
25order of protection to the day-care facility, pre-school or
26pre-kindergarten, or private school or the principal office of

 

 

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

 

 

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1pre-kindergarten, public or private school, college, or
2university, the institution from which the child is
3transferring may, at the request of the petitioner, provide,
4within 24 hours of the transfer, written notice of the order of
5protection, along with a certified copy of the order, to the
6institution to which the child is transferring.
7    (g) Notice to health care facilities and health care
8practitioners. Upon the request of the petitioner, the clerk of
9the circuit court shall send a certified copy of the order of
10protection to any specified health care facility or health care
11practitioner requested by the petitioner at the mailing address
12provided by the petitioner.
13    (h) Disclosure by health care facilities and health care
14practitioners. After receiving a certified copy of an order of
15protection that prohibits a respondent's access to records, no
16health care facility or health care practitioner shall allow a
17respondent access to the records of any child who is a
18protected person under the order of protection, or release
19information in those records to the respondent, unless the
20order has expired or the respondent shows a certified copy of
21the court order vacating the corresponding order of protection
22that was sent to the health care facility or practitioner.
23Nothing in this Section shall be construed to require health
24care facilities or health care practitioners to alter
25procedures related to billing and payment. The health care
26facility or health care practitioner may file the copy of the

 

 

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1order of protection in the records of a child who is a
2protected person under the order of protection, or may employ
3any other method to identify the records to which a respondent
4is prohibited access. No health care facility or health care
5practitioner shall be civilly or professionally liable for
6reliance on a copy of an order of protection, except for
7willful and wanton misconduct.
8(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
9eff. 1-1-14.)".