093_HB3501eng HB3501 Engrossed LRB093 06501 RLC 06626 b 1 AN ACT in relation to domestic violence. 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 202 and 222 as follows: 6 (750 ILCS 60/202) (from Ch. 40, par. 2312-2) 7 Sec. 202. Commencement of action; filing fees; 8 dismissal. 9 (a) How to commence action. Actions for orders of 10 protection are commenced: 11 (1) Independently: By filing a petition for an 12 order of protection in any civil court, unless specific 13 courts are designated by local rule or order. 14 (2) In conjunction with another civil proceeding: 15 By filing a petition for an order of protection under the 16 same case number as another civil proceeding involving 17 the parties, including but not limited to: (i) any 18 proceeding under the Illinois Marriage and Dissolution of 19 Marriage Act, Illinois Parentage Act of 1984, Nonsupport 20 of Spouse and Children Act, Revised Uniform Reciprocal 21 Enforcement of Support Act or an action for nonsupport 22 brought under Article 10 of the Illinois Public Aid Code, 23 provided that a petitioner and the respondent are a party 24 to or the subject of that proceeding or (ii) a 25 guardianship proceeding under the Probate Act of 1975, or 26 a proceeding for involuntary commitment under the Mental 27 Health and Developmental Disabilities Code, or any 28 proceeding, other than a delinquency petition, under the 29 Juvenile Court Act of 1987, provided that a petitioner or 30 the respondent is a party to or the subject of such 31 proceeding. HB3501 Engrossed -2- LRB093 06501 RLC 06626 b 1 (3) In conjunction with a delinquency petition or a 2 criminal prosecution: By filing a petition for an order 3 of protection, under the same case number as the 4 delinquency petition or criminal prosecution, to be 5 granted during pre-trial release of a defendant, with any 6 dispositional order issued under Section 5-710 of the 7 Juvenile Court Act of 1987 or as a condition of release, 8 supervision, conditional discharge, probation, periodic 9 imprisonment, parole or mandatory supervised release, or 10 in conjunction with imprisonment or a bond forfeiture 11 warrant; provided that: 12 (i) the violation is alleged in an 13 information, complaint, indictment or delinquency 14 petition on file, and the alleged offender and 15 victim are family or household members or persons 16 protected by this Act; and 17 (ii) the petition, which is filed by the 18 State's Attorney, names a victim of the alleged 19 crime as a petitioner. 20 (b) Filing, certification, and service fees. No fee 21 shall be charged by the clerk for filing, amending, vacating, 22 certifying, or photocopying petitions orcertifyingorders; 23 or for issuing alias summons; or for any related filing 24 service. No fee shall be charged by the sheriff for service 25 by the sheriff of a petition, rule, motion, or order in an 26 action commenced under this Section. 27 (c) Dismissal and consolidation. Withdrawal or 28 dismissal of any petition for an order of protection prior to 29 adjudication where the petitioner is represented by the State 30 shall operate as a dismissal without prejudice. No action 31 for an order of protection shall be dismissed because the 32 respondent is being prosecuted for a crime against the 33 petitioner. An independent action may be consolidated with 34 another civil proceeding, as provided by paragraph (2) of HB3501 Engrossed -3- LRB093 06501 RLC 06626 b 1 subsection (a) of this Section. For any action commenced 2 under paragraph (2) or (3) of subsection (a) of this Section, 3 dismissal of the conjoined case (or a finding of not guilty) 4 shall not require dismissal of the action for the order of 5 protection; instead, it may be treated as an independent 6 action and, if necessary and appropriate, transferred to a 7 different court or division. Dismissal of any conjoined case 8 shall not affect the validity of any previously issued order 9 of protection, and thereafter subsections (b)(1) and (b)(2) 10 of Section 220 shall be inapplicable to such order. 11 (d) Pro se petitions. The court shall provide, through 12 the office of the clerk of the court, simplified forms and 13 clerical assistance to help with the writing and filing of a 14 petition under this Section by any person not represented by 15 counsel. In addition, that assistance may be provided by the 16 state's attorney. 17 (Source: P.A. 90-590, eff. 1-1-99.) 18 (750 ILCS 60/222) (from Ch. 40, par. 2312-22) 19 Sec. 222. Notice of orders. 20 (a) Entry and issuance. Upon issuance of any order of 21 protection, the clerk shall immediately, or on the next court 22 day if an emergency order is issued in accordance with 23 subsection (c) of Section 217, (i) enter the order on the 24 record and file it in accordance with the circuit court 25 procedures and (ii) provide a file stamped copy of the order 26 to respondent, if present, and to petitioner. 27 (b) Filing with sheriff. The clerk of the issuing judge 28 shall, or the petitioner may, on the same day that an order 29 of protection is issued, file a certified copy of that order 30 with the sheriff or other law enforcement officials charged 31 with maintaining Department of State Police records or 32 charged with serving the order upon respondent. If the order 33 was issued in accordance with subsection (c) of Section 217, HB3501 Engrossed -4- LRB093 06501 RLC 06626 b 1 the clerk shall on the next court day, file a certified copy 2 of the order with the Sheriff or other law enforcement 3 officials charged with maintaining Department of State Police 4 records. 5 (c) Service by sheriff. Unless respondent was present 6 in court when the order was issued, the sheriff, other law 7 enforcement official or special process server shall promptly 8 serve that order upon respondent and file proof of such 9 service, in the manner provided for service of process in 10 civil proceedings. Instead of serving the order upon the 11 respondent, however, the sheriff, other law enforcement 12 official, or special process server may serve the respondent 13 with a short form notification as provided in Section 222.10. 14 If process has not yet been served upon the respondent, it 15 shall be served with the order or short form notification. A 16 single fee may be charged for service of an order obtained in 17 civil court, or for service of such an order together with 18 process, unless waived or deferred under Section 210. 19 (c-5) If the person against whom the order of protection 20 is issued is arrested and the written order is issued in 21 accordance with subsection (c) of Section 217 and received by 22 the custodial law enforcement agency before the respondent or 23 arrestee is released from custody, the custodial law 24 enforcement agent shall promptly serve the order upon the 25 respondent or arrestee before the respondent or arrestee is 26 released from custody. In no event shall detention of the 27 respondent or arrestee be extended for hearing on the 28 petition for order of protection or receipt of the order 29 issued under Section 217 of this Act. 30 (d) Extensions, modifications and revocations. Any 31 order extending, modifying or revoking any order of 32 protection shall be promptly recorded, issued and served as 33 provided in this Section. 34 (e) Notice to schools. Upontherequest of the HB3501 Engrossed -5- LRB093 06501 RLC 06626 b 1 petitioner, or after an order of protection is entered within 2 which any children of the petitioner are protected persons 3 within 24 hours of the issuance of an order of protection, 4 the clerk of the issuing judge shall send written notice of 5 the order of protection along with a certified copy of the 6 order of protection to the day-care facility, pre-school or 7 pre-kindergarten, or private school or the principal office 8 of the public school district or any college or university, 9 or the State licensed day care facility or the State licensed 10 before-school or after-school program facility in which the 11 petitioner informs the clerk that any child who is a 12 protected person under the order of protection or any child 13 of the petitioner is enrolled. The petitioner must provide 14 the name, address, and telephone number of the school or 15 facility to the clerk. If the child transfers enrollment to 16 another day-care facility, pre-school, pre-kindergarten, 17 private school, public school, college, or university, the 18 petitioner may, within 24 hours of the transfer, send to the 19 clerk written notice of the transfer, including the name and 20 address of the institution to which the child is 21 transferring. Within 24 hours of receipt of notice from the 22 petitioner that a child is transferring to another day-care 23 facility, pre-school, pre-kindergarten, private school, 24 public school, college, or university, the clerk shall send 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 (f) Disclosure by schools, day care, and before-school 29 or after-school program facilities. After receiving a 30 certified copy of an order of protection that prohibits a 31 respondent's access to records, neither a day-care facility, 32 pre-school, pre-kindergarten, public or private school, 33 college,oruniversity, State licensed day care facility, a 34 State licensed before-school or after-school program HB3501 Engrossed -6- LRB093 06501 RLC 06626 b 1 facility, nor its employees shall allow a respondent access 2 to a protected child's records or release information in 3 those records to the respondent. The school, day care 4 facilities, or before-school or after-school program facility 5 shall file the copy of the order of protection in the records 6 of a child who is a protected person under the order of 7 protection. When a child who is a protected person under the 8 order of protection transfers to another day-care facility, 9 pre-school, pre-kindergarten, public or private school, 10 college, or university, the institution from which the child 11 is transferring may, at the request of the petitioner, 12 provide, within 24 hours of the transfer, written notice of 13 the order of protection, along with a certified copy of the 14 order, to the institution to which the child is transferring. 15 (Source: P.A. 92-90, eff. 7-18-01; 92-162, eff. 1-1-02; 16 92-651, eff. 7-11-02.)