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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0187
LRB9206039ARsbA
1 AN ACT concerning orders of protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Domestic Violence Act of 1986 is
5 amended by changing Sections 203 and 222 as follows:
6 (750 ILCS 60/203) (from Ch. 40, par. 2312-3)
7 Sec. 203. Pleading; non-disclosure of address;
8 non-disclosure of schools.
9 (a) A petition for an order of protection shall be in
10 writing and verified or accompanied by affidavit and shall
11 allege that petitioner has been abused by respondent, who is
12 a family or household member. The petition shall further set
13 forth whether there is any other pending action between the
14 parties. During the pendency of this proceeding, each party
15 has a continuing duty to inform the court of any subsequent
16 proceeding for an order of protection in this or any other
17 state.
18 (b) If the petition states that disclosure of
19 petitioner's address would risk abuse of petitioner or any
20 member of petitioner's family or household or reveal the
21 confidential address of a shelter for domestic violence
22 victims, that address may be omitted from all documents filed
23 with the court. If disclosure is necessary to determine
24 jurisdiction or consider any venue issue, it shall be made
25 orally and in camera. If petitioner has not disclosed an
26 address under this subsection, petitioner shall designate an
27 alternative address at which respondent may serve notice of
28 any motions.
29 (c) If the petitioner is seeking to have a child
30 protected by the order of protection, and if that child is
31 enrolled in any day-care facility, pre-school,
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1 pre-kindergarten, private school, public school district,
2 college, or university, the petitioner must provide the name
3 and address of the day-care facility, pre-school,
4 pre-kindergarten, private school, public school district,
5 college, or university to the court. However, if the
6 petition states that disclosure of this information would
7 risk abuse to petitioner or to the child protected under the
8 order, this information may be omitted from all documents
9 filed with the court.
10 (Source: P.A. 87-1186.)
11 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
12 Sec. 222. Notice of orders.
13 (a) Entry and issuance. Upon issuance of any order of
14 protection, the clerk shall immediately, or on the next court
15 day if an emergency order is issued in accordance with
16 subsection (c) of Section 217, (i) enter the order on the
17 record and file it in accordance with the circuit court
18 procedures and (ii) provide a file stamped copy of the order
19 to respondent, if present, and to petitioner.
20 (b) Filing with sheriff. The clerk of the issuing judge
21 shall, or the petitioner may, on the same day that an order
22 of protection is issued, file a certified copy of that order
23 with the sheriff or other law enforcement officials charged
24 with maintaining Department of State Police records or
25 charged with serving the order upon respondent. If the order
26 was issued in accordance with subsection (c) of Section 217,
27 the clerk shall on the next court day, file a certified copy
28 of the order with the Sheriff or other law enforcement
29 officials charged with maintaining Department of State Police
30 records.
31 (c) Service by sheriff. Unless respondent was present
32 in court when the order was issued, the sheriff, other law
33 enforcement official or special process server shall promptly
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1 serve that order upon respondent and file proof of such
2 service, in the manner provided for service of process in
3 civil proceedings. If process has not yet been served upon
4 the respondent, it shall be served with the order. A single
5 fee may be charged for service of an order obtained in civil
6 court, or for service of such an order together with process,
7 unless waived or deferred under Section 210.
8 (c-5) If the person against whom the order of protection
9 is issued is arrested and the written order is issued in
10 accordance with subsection (c) of Section 217 and received by
11 the custodial law enforcement agency before the respondent or
12 arrestee is released from custody, the custodial law
13 enforcement agent shall promptly serve the order upon the
14 respondent or arrestee before the respondent or arrestee is
15 released from custody. In no event shall detention of the
16 respondent or arrestee be extended for hearing on the
17 petition for order of protection or receipt of the order
18 issued under Section 217 of this Act.
19 (d) Extensions, modifications and revocations. Any
20 order extending, modifying or revoking any order of
21 protection shall be promptly recorded, issued and served as
22 provided in this Section.
23 (e) Notice to schools. Within 24 hours of the issuance
24 of an order of protection, Upon request the clerk of the
25 issuing judge shall send written notice of the order of
26 protection along with file a certified copy of the an order
27 of protection to with the day-care facility, pre-school or
28 pre-kindergarten, or private school or schools or the
29 principal office of the public school district or any college
30 or university or districts in which any child who is a
31 protected person under the order of protection or any child
32 children of the petitioner is are enrolled. If the child
33 transfers enrollment to another day-care facility,
34 pre-school, pre-kindergarten, private school, public school,
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1 college, or university, the petitioner shall, within 24 hours
2 of the transfer, send to the clerk written notice of the
3 transfer, including the name and address of the institution
4 to which the child is transferring. Within 24 hours of
5 receipt of notice from the petitioner that a child is
6 transferring to another day-care facility, pre-school,
7 pre-kindergarten, private school, public school, college, or
8 university, the clerk shall send written notice of the order
9 of protection, along with a certified copy of the order, to
10 the institution to which the child is transferring.
11 (f) Disclosure by schools. After receiving a certified
12 copy of an order of protection that prohibits a respondent's
13 access to records, neither a day-care facility, pre-school,
14 pre-kindergarten, public or private school, college, or
15 university nor its employees shall allow a respondent access
16 to a protected child's records or release information in
17 those records to the respondent. The school shall file the
18 copy of the order of protection in the records of a child who
19 is a protected person under the order of protection. When a
20 child who is a protected person under the order of protection
21 transfers to another day-care facility, pre-school,
22 pre-kindergarten, public or private school, college, or
23 university, the institution from which the child is
24 transferring shall provide, within 24 hours of the transfer,
25 written notice of the order of protection, along with a
26 certified copy of the order, to the institution to which the
27 child is transferring.
28 (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.