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| Public Act 097-1017 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Stalking No Contact Order Act is amended by | ||||
changing Section 115 and by adding Section 117 as follows: | ||||
(740 ILCS 21/115)
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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. | ||
(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.
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(Source: P.A. 96-246, eff. 1-1-10.) | ||
(740 ILCS 21/117 new) | ||
Sec. 117. Short form notification. | ||
(a) Instead of personal service of a stalking no contact | ||
order under Section 115, a sheriff, other law enforcement | ||
official, special process server, or personnel assigned by the | ||
Department of Corrections to investigate the alleged | ||
misconduct of committed persons or alleged violations of a | ||
parolee's or releasee's conditions of parole or mandatory | ||
supervised release may serve a respondent with a short form | ||
notification. The short form notification must include the | ||
following items: | ||
(1) The respondent's name. | ||
(2) The respondent's date of birth, if known. | ||
(3) The petitioner's name. | ||
(4) The names of other protected parties. | ||
(5) The date and county in which the stalking no | ||
contact order was filed. | ||
(6) The court file number. | ||
(7) The hearing date and time, if known. | ||
(8) The conditions that apply to the respondent, either | ||
in checklist form or handwritten. | ||
(b) The short form notification must contain the following | ||
notice in bold print: | ||
"The order is now enforceable. You must report to the | ||
office of the sheriff or the office of the circuit court in | ||
(name of county) County to obtain a copy of the order. You are | ||
subject to arrest and may be charged with a misdemeanor or | ||
felony if you violate any of the terms of the order." | ||
(c) Upon verification of the identity of the respondent and | ||
the existence of an unserved order against the respondent, a | ||
sheriff or other law enforcement official may detain the | ||
respondent for a reasonable time necessary to complete and | ||
serve the short form notification. | ||
(d) When service is made by short form notification under | ||
this Section, it may be proved by the affidavit of the person | ||
making the service. | ||
(e) The Attorney General shall make the short form | ||
notification form available to law enforcement agencies in this | ||
State. | ||
(f) A single short form notification form may be used for | ||
orders of protection under the Illinois Domestic Violence Act | ||
of 1986, stalking no contact orders under this Act, and civil | ||
no contact orders under the Civil No Contact Order Act. | ||
Section 10. The Civil No Contact Order Act is amended by | ||
changing Section 218 and by adding Section 218.1 as follows:
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(740 ILCS 22/218)
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Sec. 218. Notice of orders.
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(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:
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(1) enter the order on the record and file it in | ||
accordance with the
circuit court procedures; and
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(2) provide a file stamped copy of the order to the | ||
respondent, if
present, and to the petitioner.
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(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
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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.
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(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
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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.
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(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
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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
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Section 214 of this Act.
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(e) Any order extending, modifying, or revoking any civil | ||
no contact
order shall be promptly recorded, issued, and served | ||
as provided in this
Section.
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(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
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a certified copy of the order to any school, college, or | ||
university at which
the
petitioner is enrolled.
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(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)
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(740 ILCS 22/218.1 new) | ||
Sec. 218.1. Short form notification. | ||
(a) Instead of personal service of a civil no contact order | ||
under Section 218, a sheriff, other law enforcement official, | ||
special process server, or personnel assigned by the Department | ||
of Corrections to investigate the alleged misconduct of | ||
committed persons or alleged violations of a parolee's or | ||
releasee's conditions of parole or mandatory supervised | ||
release may serve a respondent with a short form notification. | ||
The short form notification must include the following items: | ||
(1) The respondent's name. | ||
(2) The respondent's date of birth, if known. | ||
(3) The petitioner's name. | ||
(4) The names of other protected parties. | ||
(5) The date and county in which the civil no contact | ||
order was filed. | ||
(6) The court file number. | ||
(7) The hearing date and time, if known. | ||
(8) The conditions that apply to the respondent, either | ||
in checklist form or handwritten. | ||
(b) The short form notification must contain the following | ||
notice in bold print: | ||
"The order is now enforceable. You must report to the | ||
office of the sheriff or the office of the circuit court in | ||
(name of county) County to obtain a copy of the order. You are | ||
subject to arrest and may be charged with a misdemeanor or | ||
felony if you violate any of the terms of the order." | ||
(c) Upon verification of the identity of the respondent and | ||
the existence of an unserved order against the respondent, a | ||
sheriff or other law enforcement official may detain the | ||
respondent for a reasonable time necessary to complete and | ||
serve the short form notification. | ||
(d) When service is made by short form notification under | ||
this Section, it may be proved by the affidavit of the person | ||
making the service. | ||
(e) The Attorney General shall make the short form | ||
notification form available to law enforcement agencies in this | ||
State. | ||
(f) A single short form notification form may be used for | ||
orders of protection under the Illinois Domestic Violence Act | ||
of 1986, stalking no contact orders under the Stalking No | ||
Contact Order Act, and civil no contact orders under this Act.
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Section 15. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Section 222.10 as follows:
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(750 ILCS 60/222.10)
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Sec. 222.10. Short form notification.
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(a) Instead of personal service of an order of protection | ||
under Section 222,
a sheriff, other law enforcement official, | ||
special process server, or personnel assigned by the Department | ||
of Corrections to investigate the alleged misconduct of | ||
committed persons or alleged violations of a parolee's or | ||
releasee's conditions of parole or mandatory supervised | ||
release may serve
a respondent with a short form notification. | ||
The short form notification must
include the following items:
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(1) The respondent's name.
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(2) The respondent's date of birth, if known.
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(3) The petitioner's name.
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(4) The names of other protected parties.
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(5) The date and county in which the order of | ||
protection was filed.
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(6) The court file number.
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(7) The hearing date and time, if known.
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(8) The conditions that apply to the respondent, either | ||
in checklist form
or handwritten.
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(9) The name of the judge who signed the order.
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(b) The short form notification must contain the following | ||
notice in bold
print:
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"The order of protection is now enforceable. You must | ||
report to the office of
the sheriff or the office of the | ||
circuit court in (name of county) County to
obtain a copy | ||
of the order of protection. You are subject to arrest and | ||
may be
charged with a misdemeanor or felony if you violate | ||
any of the terms of the
order of protection."
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(c) Upon verification of the identity of the respondent and | ||
the existence of
an unserved order of protection against the | ||
respondent, a sheriff or other law
enforcement official may | ||
detain the respondent for a reasonable time necessary
to | ||
complete and serve the short form notification.
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(d) When service is made by short form notification under | ||
this Section, it
may be proved by the affidavit of the person | ||
making the service.
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(e) The Attorney General shall make provide adequate copies | ||
of the short form
notification form available to law | ||
enforcement agencies in this State.
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(f) A single short form notification form may be used for | ||
orders of protection under this Act, stalking no contact orders | ||
under the Stalking No Contact Order Act, and civil no contact | ||
orders under the Civil No Contact Order Act. | ||
(Source: P.A. 97-50, eff. 6-28-11.)
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