Judiciary II - Criminal Law Committee
Adopted in House Comm. on Apr 23, 2009
 
 

 




 

 		












09600SB0145ham001

LRB096 03772 RLC 25289 a






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AMENDMENT TO SENATE BILL 145 




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    AMENDMENT NO. ______. Amend Senate Bill 145 on page 4, by 
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inserting immediately below line 2 the following:


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    "(g) Notice to schools.  Upon the request of the petitioner, 
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within 24
hours of the issuance of an order of
protection, the 
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clerk of the issuing judge shall
send a certified copy of
the 
7
order of protection to the day-care facility,
pre-school or 
8
pre-kindergarten, or private school or the principal
office of 
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the public school district or any college or university in 
10
which any child who
is a protected person under the order of 
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protection or any child
of
the
petitioner is enrolled as 
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requested by the petitioner at the mailing address provided by 
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the petitioner.
If the child transfers enrollment to another 
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day-care facility, pre-school,
pre-kindergarten,
private 
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school, public school, college, or university, the petitioner 
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may,
within 24 hours
of the transfer, send to the clerk written 
17
notice of the transfer, including
the name and
address of the 
18
institution to which the child is transferring.
 Within 24 hours 
 


 






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of receipt of notice
from the petitioner that a child is 
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transferring to another day-care facility,
pre-school, 
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pre-kindergarten, private school, public school, college, or

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university, the clerk shall send a certified copy of the order 
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to the institution to which the child
is
transferring.
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    (h) Disclosure by schools.  After receiving a certified copy 
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of an order
of protection that prohibits a respondent's access 
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to records, neither a
day-care facility, pre-school, 
9
pre-kindergarten, public
or private school, college, or 
10
university nor its employees shall allow a
respondent access to 
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a
protected child's records or release information in those 
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records to the
respondent.  The school shall file
the copy of 
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the order of protection in the records of a child who
is a 
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protected person under the order of protection.  When a child 
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who is a
protected person under the order of protection 
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transfers to another day-care
facility, pre-school, 
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pre-kindergarten, public or private school, college, or

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university, the institution from which the child is 
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transferring may, at the
request of the petitioner, provide,

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within 24 hours of the transfer, written notice of the order of 
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protection,
along with a certified copy of the order, to the 
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institution to which the child
is
transferring."; and
 
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on page 6, line 18, by inserting after "amended" the following:
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"or pursuant to the Code of Criminal Procedure of 1963"; and


 
 


 






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on page 6, by inserting immediately below line 24 the 
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following:
 
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    "Section 15. The Illinois Domestic Violence Act of 1986 is 
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amended  by changing  Section 222 as follows:
 



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    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)


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    Sec. 222. Notice of orders. 

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    (a) Entry and issuance.  Upon issuance of any order of 
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protection, the
clerk shall immediately, or on the next court 
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day if an emergency order is
issued in accordance with 
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subsection (c) of Section 217,
(i) enter the order on the 
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record and file it
in accordance with the circuit court 
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procedures and (ii) provide a file stamped
copy of the order to 
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respondent, if
present, and to petitioner.

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    (b) Filing with sheriff.  The clerk of the issuing judge 
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shall, or
the petitioner may, on the same day that an order of 
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protection is
issued, file a certified copy of that order with 
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the sheriff or other law
enforcement officials charged with 
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maintaining Department of State Police
records or charged with 
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serving the order upon respondent.
If the order was issued in 
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accordance with subsection (c) of Section 217,
the clerk
shall 
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on the next court day, file a certified copy of the order with 
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the
Sheriff or other law enforcement officials charged with 
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maintaining Department
of State Police records.

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    (c) Service by sheriff.  Unless respondent was present in 
 


 






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LRB096 03772 RLC 25289 a




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court when the
order was issued, the sheriff, other law 
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enforcement official or special
process server shall
promptly 
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serve that order upon respondent and file proof of such 
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service,
in the manner provided for service of process in civil 
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proceedings.
Instead of serving the order upon the respondent, 
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however, the sheriff, other
law enforcement official, or 
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special process server may serve the respondent
with a short 
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form notification as provided in Section 222.10.
If
process has 
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not yet been served upon the respondent, it shall be served

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with the order or short form notification.  A single fee may be 
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charged for
service of an order
obtained in civil court, or for 
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service of such an order together with
process, unless waived 
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or deferred under Section 210.

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    (c-5) If the person against whom the order of protection is 
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issued is
arrested and the written order is issued in 
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accordance with subsection (c) of
Section 217
and received by 
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the custodial law enforcement agency before the respondent or

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arrestee is released from custody, the custodial law 
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enforcement agent shall
promptly serve the order upon the 
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respondent or arrestee before the
respondent or arrestee is 
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released from custody.  In no event shall detention
of the 
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respondent or arrestee be extended for hearing on the petition 
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for order
of protection or receipt of the order issued under 
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Section 217 of this Act.

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    (d) Extensions, modifications and revocations.  Any order 
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extending,
modifying or revoking any order of protection shall 
 


 






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be promptly recorded,
issued and served as provided in this 
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Section.

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    (e) Notice to schools.  Upon the request of the petitioner, 
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within 24
hours of the issuance of an order of
protection, the 
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clerk of the issuing judge shall
send written notice of the 
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order of protection along with a certified copy of
the order of 
7
protection to the day-care facility,
pre-school or 
8
pre-kindergarten, or private school or the principal
office of 
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the public school district or any college or university in 
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which any child who
is a protected person under the order of 
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protection or any child
of
the
petitioner is enrolled as 
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requested by the petitioner at the mailing address provided by 
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the petitioner.
If the child transfers enrollment to another 
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day-care facility, pre-school,
pre-kindergarten,
private 
15
school, public school, college, or university, the petitioner 
16
may,
within 24 hours
of the transfer, send to the clerk written 
17
notice of the transfer, including
the name and
address of the 
18
institution to which the child is transferring.
 Within 24 hours 
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of receipt of notice
from the petitioner that a child is 
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transferring to another day-care facility,
pre-school, 
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pre-kindergarten, private school, public school, college, or

22
university, the clerk shall send written notice of the order of 
23
protection,
along with a certified copy of the order, to the 
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institution to which the child
is
transferring.

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    (f) Disclosure by schools.  After receiving a certified copy 
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of an order
of protection that prohibits a respondent's access 
 


 






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to records, neither a
day-care facility, pre-school, 
2
pre-kindergarten, public
or private school, college, or 
3
university nor its employees shall allow a
respondent access to 
4
a
protected child's records or release information in those 
5
records to the
respondent.  The school shall file
the copy of 
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the order of protection in the records of a child who
is a 
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protected person under the order of protection.  When a child 
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who is a
protected person under the order of protection 
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transfers to another day-care
facility, pre-school, 
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pre-kindergarten, public or private school, college, or

11
university, the institution from which the child is 
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transferring may, at the
request of the petitioner, provide,

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within 24 hours of the transfer, written notice of the order of 
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protection,
along with a certified copy of the order, to the 
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institution to which the child
is
transferring.

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    (g) Notice to health care facilities and health care 
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practitioners. Upon the request of the petitioner, the clerk of 
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the circuit court shall send a certified copy of the order of 
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protection to any specified health care facility or health care 
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practitioner requested by the petitioner at the mailing address 
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provided by the petitioner. 
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    (h) Disclosure by health care facilities and health care 
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practitioners. After receiving a certified copy of an order of 
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protection that prohibits a respondent's access to records, no 
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health care facility or health care practitioner shall allow a 
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respondent access to the records of any child who is a 
 


 






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protected person under the order of protection, or release 
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information in those records to the respondent, unless the 
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order has expired or the respondent shows a certified copy of 
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the court order vacating the corresponding order of protection 
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that was sent to the health care facility or practitioner. 
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Nothing in this Section shall be construed to require health 
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care facilities or health care practitioners to alter 
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procedures related to billing and payment. The health care 
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facility or health care practitioner may file the copy of the 
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order of protection in the records of a child who is a 
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protected person under the order of protection, or may employ 
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any other method to identify the records to which a respondent 
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is prohibited access. No health care facility or health care 
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practitioner shall be civilly or professionally liable for 
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reliance on a copy of an order of protection, except for 
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willful and wanton misconduct. 
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(Source: P.A. 95-912, eff. 1-1-09.)".