Public Act 101-0508
 
HB3396 EnrolledLRB101 10793 LNS 55919 b

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

Effective Date: 1/1/2020