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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB0686eng SB686 Engrossed LRB9207951RCcd 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 112A-22 and adding Section 6 112A-22.10 as follows: 7 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22) 8 Sec. 112A-22. Notice of orders. 9 (a) Entry and issuance. Upon issuance of any order of 10 protection, the clerk shall immediately, or on the next court 11 day if an emergency order is issued in accordance with 12 subsection (c) of Section 112A-17, (i) enter the order on the 13 record and file it in accordance with the circuit court 14 procedures and (ii) provide a file stamped copy of the order 15 to respondent, if present, and to petitioner. 16 (b) Filing with sheriff. The clerk of the issuing judge 17 shall, or the petitioner may, on the same day that an order 18 of protection is issued, file a copy of that order with the 19 sheriff or other law enforcement officials charged with 20 maintaining Department of State Police records or charged 21 with serving the order upon respondent. If the order was 22 issued in accordance with subsection (c) of Section 112A-17, 23 the clerk shall on the next court day, file a certified copy 24 of the order with the Sheriff or other law enforcement 25 officials charged with maintaining Department of State Police 26 records. 27 (c) Service by sheriff. Unless respondent was present 28 in court when the order was issued, the sheriff, other law 29 enforcement official or special process server shall promptly 30 serve that order upon respondent and file proof of such 31 service, in the manner provided for service of process in SB686 Engrossed -2- LRB9207951RCcd 1 civil proceedings. Instead of serving the order upon the 2 respondent, however, the sheriff, other law enforcement 3 official, or special process server may serve the respondent 4 with a short form notification as provided in Section 5 112A-22.10. If process has not yet been served upon the 6 respondent, it shall be served with the order or short form 7 notification. 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 112A-17 and 11 received by the custodial law enforcement agency before the 12 respondent or arrestee is released from custody, the 13 custodial law enforcement agent shall promptly serve the 14 order upon the respondent or arrestee before the respondent 15 or arrestee is released from custody. In no event shall 16 detention of the respondent or arrestee be extended for 17 hearing on the petition for order of protection or receipt of 18 the order issued under Section 112A-17 of this Code. 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 (Source: P.A. 90-392, eff. 1-1-98.) 24 (725 ILCS 5/112A-22.10 new) 25 Sec. 112A-22.10. Short form notification. 26 (a) Instead of personal service of an order of 27 protection under Section 112A-22, a sheriff, other law 28 enforcement official, or special process server may serve a 29 respondent with a short form notification. The short form 30 notification must include the following items: 31 (1) The respondent's name. 32 (2) The respondent's date of birth, if known. 33 (3) The petitioner's name. SB686 Engrossed -3- LRB9207951RCcd 1 (4) The names of other protected parties. 2 (5) The date and county in which the order of 3 protection was filed. 4 (6) The court file number. 5 (7) The hearing date and time, if known. 6 (8) The conditions that apply to the respondent, 7 either in checklist form or handwritten. 8 (9) The name of the judge who signed the order. 9 (b) The short form notification must contain the 10 following notice in bold print: 11 "The order of protection is now enforceable. You must 12 report to the office of the sheriff or the office of the 13 circuit court in (name of county) County to obtain a copy 14 of the order of protection. You are subject to arrest and 15 may be charged with a misdemeanor or felony if you 16 violate any of the terms of the order of protection." 17 (c) Upon verification of the identity of the respondent 18 and the existence of an unserved order of protection against 19 the respondent, a sheriff or other law enforcement official 20 may detain the respondent for a reasonable time necessary to 21 complete and serve the short form notification. 22 (d) When service is made by short form notification under 23 this Section, it may be proved by the affidavit of the 24 sheriff, other law enforcement official, or special process 25 server making the service. 26 (e) The Attorney General shall provide adequate copies of 27 the short form notification form to law enforcement agencies 28 in this State. 29 Section 10. The Illinois Domestic Violence Act of 1986 30 is amended by changing Section 222 and adding Section 222.10 31 as follows: 32 (750 ILCS 60/222) (from Ch. 40, par. 2312-22) SB686 Engrossed -4- LRB9207951RCcd 1 Sec. 222. Notice of orders. 2 (a) Entry and issuance. Upon issuance of any order of 3 protection, the clerk shall immediately, or on the next court 4 day if an emergency order is issued in accordance with 5 subsection (c) of Section 217, (i) enter the order on the 6 record and file it in accordance with the circuit court 7 procedures and (ii) provide a file stamped copy of the order 8 to respondent, if present, and to petitioner. 9 (b) Filing with sheriff. The clerk of the issuing judge 10 shall, or the petitioner may, on the same day that an order 11 of protection is issued, file a certified copy of that order 12 with the sheriff or other law enforcement officials charged 13 with maintaining Department of State Police records or 14 charged with serving the order upon respondent. If the order 15 was issued in accordance with subsection (c) of Section 217, 16 the clerk shall on the next court day, file a certified copy 17 of the order with the Sheriff or other law enforcement 18 officials charged with maintaining Department of State Police 19 records. 20 (c) Service by sheriff. Unless respondent was present 21 in court when the order was issued, the sheriff, other law 22 enforcement official or special process server shall promptly 23 serve that order upon respondent and file proof of such 24 service, in the manner provided for service of process in 25 civil proceedings. Instead of serving the order upon the 26 respondent, however, the sheriff, other law enforcement 27 official, or special process server may serve the respondent 28 with a short form notification as provided in Section 222.10. 29 If process has not yet been served upon the respondent, it 30 shall be served with the order or short form notification. A 31 single fee may be charged for service of an order obtained in 32 civil court, or for service of such an order together with 33 process, unless waived or deferred under Section 210. 34 (c-5) If the person against whom the order of protection SB686 Engrossed -5- LRB9207951RCcd 1 is issued is arrested and the written order is issued in 2 accordance with subsection (c) of Section 217 and received by 3 the custodial law enforcement agency before the respondent or 4 arrestee is released from custody, the custodial law 5 enforcement agent shall promptly serve the order upon the 6 respondent or arrestee before the respondent or arrestee is 7 released from custody. In no event shall detention of the 8 respondent or arrestee be extended for hearing on the 9 petition for order of protection or receipt of the order 10 issued under Section 217 of this Act. 11 (d) Extensions, modifications and revocations. Any 12 order extending, modifying or revoking any order of 13 protection shall be promptly recorded, issued and served as 14 provided in this Section. 15 (e) Notice to schools. Upon request the clerk of the 16 issuing judge shall file a certified copy of an order of 17 protection with the private school or schools or the 18 principal office of the public school district or districts 19 in which any children of the petitioner are enrolled. 20 (f) Disclosure by schools. After receiving a certified 21 copy of an order of protection that prohibits a respondent's 22 access to records, neither a public or private school nor its 23 employees shall allow a respondent access to a protected 24 child's records or release information in those records to 25 the respondent. The school shall file the copy of the order 26 of protection in the records of a child who is a protected 27 person under the order of protection. 28 (Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.) 29 (750 ILCS 60/222.10 new) 30 Sec. 222.10. Short form notification. 31 (a) Instead of personal service of an order of protection 32 under Section 222, a sheriff, other law enforcement official, 33 or special process server may serve a respondent with a short SB686 Engrossed -6- LRB9207951RCcd 1 form notification. The short form notification must include 2 the following items: 3 (1) The respondent's name. 4 (2) The respondent's date of birth, if known. 5 (3) The petitioner's name. 6 (4) The names of other protected parties. 7 (5) The date and county in which the order of 8 protection was filed. 9 (6) The court file number. 10 (7) The hearing date and time, if known. 11 (8) The conditions that apply to the respondent, 12 either in checklist form or handwritten. 13 (9) The name of the judge who signed the order. 14 (b) The short form notification must contain the 15 following notice in bold print: 16 "The order of protection is now enforceable. You must 17 report to the office of the sheriff or the office of the 18 circuit court in (name of county) County to obtain a copy 19 of the order of protection. You are subject to arrest and 20 may be charged with a misdemeanor or felony if you 21 violate any of the terms of the order of protection." 22 (c) Upon verification of the identity of the respondent 23 and the existence of an unserved order of protection against 24 the respondent, a sheriff or other law enforcement official 25 may detain the respondent for a reasonable time necessary to 26 complete and serve the short form notification. 27 (d) When service is made by short form notification under 28 this Section, it may be proved by the affidavit of the 29 sheriff, other law enforcement official, or special process 30 server making the service. 31 (e) The Attorney General shall provide adequate copies of 32 the short form notification form to law enforcement agencies 33 in this State.