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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0187eng SB187 Engrossed 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, SB187 Engrossed -2- LRB9206039ARsbA 1 pre-kindergarten, private school, public school district, 2 college, or university, the petitioner may 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 SB187 Engrossed -3- LRB9206039ARsbA 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. Upon the request of the 24 petitioner, within 24 hours of the issuance of an order of 25 protection,Upon requestthe clerk of the issuing judge shall 26 send written notice of the order of protection along with 27filea certified copy of theanorder of protection towith28 the day-care facility, pre-school or pre-kindergarten, or 29 private schoolor schoolsor the principal office of the 30 public school district or any college or universityor31districtsin which any child who is a protected person under 32 the order of protection or any childchildrenof the 33 petitioner isareenrolled. If the child transfers enrollment 34 to another day-care facility, pre-school, pre-kindergarten, SB187 Engrossed -4- LRB9206039ARsbA 1 private school, public school, college, or university, the 2 petitioner may, within 24 hours of the transfer, send to the 3 clerk written notice of the transfer, including the name and 4 address of the institution to which the child is 5 transferring. Within 24 hours of receipt of notice from the 6 petitioner that a child is transferring to another day-care 7 facility, pre-school, pre-kindergarten, private school, 8 public school, college, or university, the clerk shall send 9 written notice of the order of protection, along with a 10 certified copy of the order, to the institution to which the 11 child is transferring. 12 (f) Disclosure by schools. After receiving a certified 13 copy of an order of protection that prohibits a respondent's 14 access to records, neither a day-care facility, pre-school, 15 pre-kindergarten, public or private school, college, or 16 university nor its employees shall allow a respondent access 17 to a protected child's records or release information in 18 those records to the respondent. The school shall file the 19 copy of the order of protection in the records of a child who 20 is a protected person under the order of protection. When a 21 child who is a protected person under the order of protection 22 transfers to another day-care facility, pre-school, 23 pre-kindergarten, public or private school, college, or 24 university, the institution from which the child is 25 transferring may, at the request of the petitioner, provide, 26 within 24 hours of the transfer, written notice of the order 27 of protection, along with a certified copy of the order, to 28 the institution to which the child is transferring. 29 (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.