103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2604

 

Introduced 10/18/2023, by Sen. Natalie Toro

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 21/115
740 ILCS 21/117
740 ILCS 22/218
740 ILCS 22/218.1
750 ILCS 60/222  from Ch. 40, par. 2312-22
750 ILCS 60/222.10

    Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a stalking no contact order, civil no contact order, or order of protection to the petitioner's workplace. Requires, after receipt of the notification, the manager of the workplace to immediately notify the appropriate law enforcement agency if the respondent is present at the workplace and is looking for the petitioner or if the respondent is present at the workplace during the petitioner's hours of employment. Provides that a sheriff, other law enforcement official, special process servicer, or personnel assigned by the Department of Corrections or Department of Juvenile Justice shall (rather than may) serve a respondent with a short form notification.


LRB103 34271 LNS 64097 b

 

 

A BILL FOR

 

SB2604LRB103 34271 LNS 64097 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Sections 115 and 117 as follows:
 
6    (740 ILCS 21/115)
7    Sec. 115. Notice of orders.
8    (a) Upon issuance of any stalking no contact order, the
9clerk shall immediately:
10        (1) enter the order on the record and file it in
11    accordance with the circuit court procedures; and
12        (2) provide a file stamped copy of the order to the
13    respondent, if present, and to the petitioner.
14    (b) The clerk of the issuing judge shall, or the
15petitioner may, on the same day that a stalking no contact
16order is issued, file a certified copy of that order with the
17sheriff or other law enforcement officials charged with
18maintaining Illinois State Police records or charged with
19serving the order upon the respondent. If the respondent, at
20the time of the issuance of the order, is committed to the
21custody of the Illinois Department of Corrections or Illinois
22Department of Juvenile Justice or is on parole, aftercare
23release, or mandatory supervised release, the sheriff or other

 

 

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1law enforcement officials charged with maintaining Illinois
2State Police records shall notify the Department of
3Corrections or Department of Juvenile Justice within 48 hours
4of receipt of a copy of the stalking no contact order from the
5clerk of the issuing judge or the petitioner. Such notice
6shall include the name of the respondent, the respondent's
7IDOC inmate number or IDJJ youth identification number, the
8respondent's date of birth, and the LEADS Record Index Number.
9    (c) Unless the respondent was present in court when the
10order was issued, the sheriff, other law enforcement official,
11or special process server shall promptly serve that order upon
12the respondent and file proof of such service in the manner
13provided for service of process in civil proceedings. Instead
14of serving the order upon the respondent, however, the
15sheriff, other law enforcement official, special process
16server, or other persons defined in Section 117 may serve the
17respondent with a short form notification as provided in
18Section 117. If process has not yet been served upon the
19respondent, it shall be served with the order or short form
20notification if such service is made by the sheriff, other law
21enforcement official, or special process server.
22    (d) If the person against whom the stalking no contact
23order is issued is arrested and the written order is issued in
24accordance with subsection (c) of Section 95 and received by
25the custodial law enforcement agency before the respondent or
26arrestee is released from custody, the custodial law

 

 

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1enforcement agent shall promptly serve the order upon the
2respondent or arrestee before the respondent or arrestee is
3released from custody. In no event shall detention of the
4respondent or arrestee be extended for hearing on the petition
5for stalking no contact order or receipt of the order issued
6under Section 95 of this Act.
7    (e) Any order extending, modifying, or revoking any
8stalking no contact order shall be promptly recorded, issued,
9and served as provided in this Section.
10    (f) Upon the request of the petitioner, within 24 hours of
11the issuance of a stalking no contact order, the clerk of the
12issuing judge shall send written notice of the order along
13with a certified copy of the order to any school, daycare,
14college, or university at which the petitioner is enrolled.
15    (g) Upon the request of the petitioner, the clerk of the
16circuit court shall send a certified copy of the stalking no
17contact order to the petitioner's current workplace. If the
18petitioner's workplace changes, the petitioner may send to the
19clerk written notice of the change in workplace, including the
20name and address of the new workplace. Within 24 hours of
21receipt of notice from the petitioner that the petitioner's
22workplace has changed, the clerk shall send a certified copy
23of the stalking no contact order to the petitioner's new
24workplace.
25    (h) After receiving notice of a stalking no contact order
26either by the petitioner or the clerk of the circuit court, the

 

 

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1manager of the workplace shall immediately notify the
2appropriate law enforcement agency if the respondent is
3present at the workplace and is looking for the petitioner or
4if the respondent is present at the workplace during the
5petitioner's hours of employment.
6(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
7    (740 ILCS 21/117)
8    Sec. 117. Short form notification.
9    (a) Instead of personal service of a stalking no contact
10order under Section 115, a sheriff, other law enforcement
11official, special process server, or personnel assigned by the
12Department of Corrections or Department of Juvenile Justice to
13investigate the alleged misconduct of committed persons or
14alleged violations of a parolee's or releasee's conditions of
15parole, aftercare release, or mandatory supervised release
16shall may serve a respondent with a short form notification.
17The short form notification must include the following items:
18        (1) The respondent's name.
19        (2) The respondent's date of birth, if known.
20        (3) The petitioner's name.
21        (4) The names of other protected parties.
22        (5) The date and county in which the stalking no
23    contact order was filed.
24        (6) The court file number.
25        (7) The hearing date and time, if known.

 

 

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1        (8) The conditions that apply to the respondent,
2    either in checklist form or handwritten.
3    (b) The short form notification must contain the following
4notice in bold print:
5    "The order is now enforceable. You must report to the
6office of the sheriff or the office of the circuit court in
7(name of county) County to obtain a copy of the order. You are
8subject to arrest and may be charged with a misdemeanor or
9felony if you violate any of the terms of the order."
10    (c) Upon verification of the identity of the respondent
11and the existence of an unserved order against the respondent,
12a sheriff or other law enforcement official may detain the
13respondent for a reasonable time necessary to complete and
14serve the short form notification.
15    (d) When service is made by short form notification under
16this Section, it may be proved by the affidavit of the person
17making the service.
18    (e) The Attorney General shall make the short form
19notification form available to law enforcement agencies in
20this State.
21    (f) A single short form notification form may be used for
22orders of protection under the Illinois Domestic Violence Act
23of 1986, stalking no contact orders under this Act, and civil
24no contact orders under the Civil No Contact Order Act.
25(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
 

 

 

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1    Section 10. The Civil No Contact Order Act is amended by
2changing Sections 218 and 218.1 as follows:
 
3    (740 ILCS 22/218)
4    Sec. 218. Notice of orders.
5    (a) Upon issuance of any civil no contact order, the clerk
6shall immediately:
7        (1) enter the order on the record and file it in
8    accordance with the circuit court procedures; and
9        (2) provide a file stamped copy of the order to the
10    respondent, if present, and to the petitioner.
11    (b) The clerk of the issuing judge shall, or the
12petitioner may, on the same day that a civil no contact order
13is issued, file a certified copy of that order with the sheriff
14or other law enforcement officials charged with maintaining
15Illinois State Police records or charged with serving the
16order upon the respondent. If the respondent, at the time of
17the issuance of the order, is committed to the custody of the
18Illinois Department of Corrections or Illinois Department of
19Juvenile Justice, or is on parole, aftercare release, or
20mandatory supervised release, the sheriff or other law
21enforcement officials charged with maintaining Illinois State
22Police records shall notify the Department of Corrections or
23Department of Juvenile Justice within 48 hours of receipt of a
24copy of the civil no contact order from the clerk of the
25issuing judge or the petitioner. Such notice shall include the

 

 

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1name of the respondent, the respondent's IDOC inmate number or
2IDJJ youth identification number, the respondent's date of
3birth, and the LEADS Record Index Number.
4    (c) Unless the respondent was present in court when the
5order was issued, the sheriff, other law enforcement official,
6or special process server shall promptly serve that order upon
7the respondent and file proof of such service in the manner
8provided for service of process in civil proceedings. Instead
9of serving the order upon the respondent, however, the
10sheriff, other law enforcement official, special process
11server, or other persons defined in Section 218.1 may serve
12the respondent with a short form notification as provided in
13Section 218.1. If process has not yet been served upon the
14respondent, it shall be served with the order or short form
15notification if such service is made by the sheriff, other law
16enforcement official, or special process server.
17    (d) If the person against whom the civil no contact order
18is issued is arrested and the written order is issued in
19accordance with subsection (c) of Section 214 and received by
20the custodial law enforcement agency before the respondent or
21arrestee is released from custody, the custodial law
22enforcement agent shall promptly serve the order upon the
23respondent or arrestee before the respondent or arrestee is
24released from custody. In no event shall detention of the
25respondent or arrestee be extended for hearing on the petition
26for civil no contact order or receipt of the order issued under

 

 

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1Section 214 of this Act.
2    (e) Any order extending, modifying, or revoking any civil
3no contact order shall be promptly recorded, issued, and
4served as provided in this Section.
5    (f) Upon the request of the petitioner, within 24 hours of
6the issuance of a civil no contact order, the clerk of the
7issuing judge shall send written notice of the order along
8with a certified copy of the order to any school, college, or
9university at which the petitioner is enrolled.
10    (g) Upon the request of the petitioner, the clerk of the
11circuit court shall send a certified copy of the civil no
12contact order to the petitioner's current workplace. If the
13petitioner's workplace changes, the petitioner may send to the
14clerk written notice of the change in workplace, including the
15name and address of the new workplace. Within 24 hours of
16receipt of notice from the petitioner that the petitioner's
17workplace has changed, the clerk shall send a certified copy
18of the civil no contact order to the petitioner's new
19workplace.
20    (h) After receiving notice of a civil no contact order
21either by the petitioner or the clerk of the circuit court, the
22manager of the workplace shall immediately notify the
23appropriate law enforcement agency if the respondent is
24present at the workplace and is looking for the petitioner or
25if the respondent is present at the workplace during the
26petitioner's hours of employment.

 

 

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1(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
2    (740 ILCS 22/218.1)
3    Sec. 218.1. Short form notification.
4    (a) Instead of personal service of a civil no contact
5order under Section 218, a sheriff, other law enforcement
6official, special process server, or personnel assigned by the
7Department of Corrections or Department of Juvenile Justice to
8investigate the alleged misconduct of committed persons or
9alleged violations of a parolee's or releasee's conditions of
10parole, aftercare release, or mandatory supervised release
11shall may serve a respondent with a short form notification.
12The short form notification must include the following items:
13        (1) The respondent's name.
14        (2) The respondent's date of birth, if known.
15        (3) The petitioner's name.
16        (4) The names of other protected parties.
17        (5) The date and county in which the civil no contact
18    order was filed.
19        (6) The court file number.
20        (7) The hearing date and time, if known.
21        (8) The conditions that apply to the respondent,
22    either in checklist form or handwritten.
23    (b) The short form notification must contain the following
24notice in bold print:
25    "The order is now enforceable. You must report to the

 

 

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1office of the sheriff or the office of the circuit court in
2(name of county) County to obtain a copy of the order. You are
3subject to arrest and may be charged with a misdemeanor or
4felony if you violate any of the terms of the order."
5    (c) Upon verification of the identity of the respondent
6and the existence of an unserved order against the respondent,
7a sheriff or other law enforcement official may detain the
8respondent for a reasonable time necessary to complete and
9serve the short form notification.
10    (d) When service is made by short form notification under
11this Section, it may be proved by the affidavit of the person
12making the service.
13    (e) The Attorney General shall make the short form
14notification form available to law enforcement agencies in
15this State.
16    (f) A single short form notification form may be used for
17orders of protection under the Illinois Domestic Violence Act
18of 1986, stalking no contact orders under the Stalking No
19Contact Order Act, and civil no contact orders under this Act.
20(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
21    Section 15. The Illinois Domestic Violence Act of 1986 is
22amended by changing Sections 222 and 222.10 as follows:
 
23    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
24    Sec. 222. Notice of orders.

 

 

SB2604- 11 -LRB103 34271 LNS 64097 b

1    (a) Entry and issuance. Upon issuance of any order of
2protection, the clerk shall immediately (i) enter the order on
3the record and file it in accordance with the circuit court
4procedures and (ii) provide a file stamped copy of the order to
5respondent, if present, and to petitioner.
6    (b) Filing with sheriff. The clerk of the issuing judge
7shall, or the petitioner may, on the same day that an order of
8protection is issued, file a certified copy of that order with
9the sheriff or other law enforcement officials charged with
10maintaining Illinois State Police records or charged with
11serving the order upon respondent. If the respondent, at the
12time of the issuance of the order, is committed to the custody
13of the Illinois Department of Corrections or Illinois
14Department of Juvenile Justice or is on parole, aftercare
15release, or mandatory supervised release, the sheriff or other
16law enforcement officials charged with maintaining Illinois
17State Police records shall notify the Department of
18Corrections or Department of Juvenile Justice within 48 hours
19of receipt of a copy of the order of protection from the clerk
20of the issuing judge or the petitioner. Such notice shall
21include the name of the respondent, the respondent's IDOC
22inmate number or IDJJ youth identification number, the
23respondent's date of birth, and the LEADS Record Index Number.
24    (c) Service by sheriff. Unless respondent was present in
25court when the order was issued, the sheriff, other law
26enforcement official or special process server shall promptly

 

 

SB2604- 12 -LRB103 34271 LNS 64097 b

1serve that order upon respondent and file proof of such
2service, in the manner provided for service of process in
3civil proceedings. Instead of serving the order upon the
4respondent, however, the sheriff, other law enforcement
5official, special process server, or other persons defined in
6Section 222.10 may serve the respondent with a short form
7notification as provided in Section 222.10. If process has not
8yet been served upon the respondent, it shall be served with
9the order or short form notification if such service is made by
10the sheriff, other law enforcement official, or special
11process server. A single fee may be charged for service of an
12order obtained in civil court, or for service of such an order
13together with process, unless waived or deferred under Section
14210.
15    (c-5) If the person against whom the order of protection
16is issued is arrested and the written order is issued in
17accordance with subsection (c) of Section 217 and received by
18the custodial law enforcement agency before the respondent or
19arrestee is released from custody, the custodial law
20enforcement agent shall promptly serve the order upon the
21respondent or arrestee before the respondent or arrestee is
22released from custody. In no event shall detention of the
23respondent or arrestee be extended for hearing on the petition
24for order of protection or receipt of the order issued under
25Section 217 of this Act.
26    (d) Extensions, modifications and revocations. Any order

 

 

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1extending, modifying or revoking any order of protection shall
2be promptly recorded, issued and served as provided in this
3Section.
4    (e) Notice to schools. Upon the request of the petitioner,
5within 24 hours of the issuance of an order of protection, the
6clerk of the issuing judge shall send a certified copy of the
7order of protection to the day-care facility, pre-school or
8pre-kindergarten, or private school or the principal office of
9the public school district or any college or university in
10which any child who is a protected person under the order of
11protection or any child of the petitioner is enrolled as
12requested by the petitioner at the mailing address provided by
13the petitioner. If the child transfers enrollment to another
14day-care facility, pre-school, pre-kindergarten, private
15school, public school, college, or university, the petitioner
16may, within 24 hours of the transfer, send to the clerk written
17notice of the transfer, including the name and address of the
18institution to which the child is transferring. Within 24
19hours of receipt of notice from the petitioner that a child is
20transferring to another day-care facility, pre-school,
21pre-kindergarten, private school, public school, college, or
22university, the clerk shall send a certified copy of the order
23to the institution to which the child is transferring.
24    (f) Disclosure by schools. After receiving a certified
25copy of an order of protection that prohibits a respondent's
26access to records, neither a day-care facility, pre-school,

 

 

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1pre-kindergarten, public or private school, college, or
2university nor its employees shall allow a respondent access
3to a protected child's records or release information in those
4records to the respondent. The school shall file the copy of
5the order of protection in the records of a child who is a
6protected person under the order of protection. When a child
7who is a protected person under the order of protection
8transfers to another day-care facility, pre-school,
9pre-kindergarten, public or private school, college, or
10university, the institution from which the child is
11transferring may, at the request of the petitioner, provide,
12within 24 hours of the transfer, written notice of the order of
13protection, along with a certified copy of the order, to the
14institution to which the child is transferring.
15    (g) Notice to health care facilities and health care
16practitioners. Upon the request of the petitioner, the clerk
17of the circuit court shall send a certified copy of the order
18of protection to any specified health care facility or health
19care practitioner requested by the petitioner at the mailing
20address provided by the petitioner.
21    (h) Disclosure by health care facilities and health care
22practitioners. After receiving a certified copy of an order of
23protection that prohibits a respondent's access to records, no
24health care facility or health care practitioner shall allow a
25respondent access to the records of any child who is a
26protected person under the order of protection, or release

 

 

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1information in those records to the respondent, unless the
2order has expired or the respondent shows a certified copy of
3the court order vacating the corresponding order of protection
4that was sent to the health care facility or practitioner.
5Nothing in this Section shall be construed to require health
6care facilities or health care practitioners to alter
7procedures related to billing and payment. The health care
8facility or health care practitioner may file the copy of the
9order of protection in the records of a child who is a
10protected person under the order of protection, or may employ
11any other method to identify the records to which a respondent
12is prohibited access. No health care facility or health care
13practitioner shall be civilly or professionally liable for
14reliance on a copy of an order of protection, except for
15willful and wanton misconduct.
16     (i) Notice to workplace. Upon the request of the
17petitioner, the clerk of the circuit court shall send a
18certified copy of the order of protection to the petitioner's
19current workplace. If the petitioner's workplace changes, the
20petitioner may send to the clerk written notice of the change
21in workplace, including the name and address of the new
22workplace. Within 24 hours of receipt of notice from the
23petitioner that the petitioner's workplace has changed, the
24clerk shall send a certified copy of the order of protection to
25the petitioner's new workplace.
26    (j) Notification by workplace. After receiving notice of

 

 

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1an order of protection either by the petitioner or the clerk of
2the circuit court, the manager of the workplace shall
3immediately notify the appropriate law enforcement agency if
4the respondent is present at the workplace and is looking for
5the petitioner or if the respondent is present at the
6workplace during the petitioner's hours of employment.
7(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
8    (750 ILCS 60/222.10)
9    Sec. 222.10. Short form notification.
10    (a) Instead of personal service of an order of protection
11under Section 222, a sheriff, other law enforcement official,
12special process server, or personnel assigned by the
13Department of Corrections or Department of Juvenile Justice to
14investigate the alleged misconduct of committed persons or
15alleged violations of a parolee's or releasee's conditions of
16parole, aftercare release, or mandatory supervised release
17shall may serve a respondent with a short form notification.
18The short form notification must include the following items:
19        (1) The respondent's name.
20        (2) The respondent's date of birth, if known.
21        (3) The petitioner's name.
22        (4) The names of other protected parties.
23        (5) The date and county in which the order of
24    protection was filed.
25        (6) The court file number.

 

 

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1        (7) The hearing date and time, if known.
2        (8) The conditions that apply to the respondent,
3    either in checklist form or handwritten.
4    (b) The short form notification must contain the following
5notice in bold print:
6    "The order is now enforceable. You must report to the
7    office of the sheriff or the office of the circuit court in
8    (name of county) County to obtain a copy of the order. You
9    are subject to arrest and may be charged with a
10    misdemeanor or felony if you violate any of the terms of
11    the order."
12    (c) Upon verification of the identity of the respondent
13and the existence of an unserved order against the respondent,
14a sheriff or other law enforcement official may detain the
15respondent for a reasonable time necessary to complete and
16serve the short form notification.
17    (d) When service is made by short form notification under
18this Section, it may be proved by the affidavit of the person
19making the service.
20    (e) The Attorney General shall make the short form
21notification form available to law enforcement agencies in
22this State.
23    (f) A single short form notification form may be used for
24orders of protection under this Act, stalking no contact
25orders under the Stalking No Contact Order Act, and civil no
26contact orders under the Civil No Contact Order Act.

 

 

SB2604- 18 -LRB103 34271 LNS 64097 b

1(Source: P.A. 97-50, eff. 6-28-11; 97-1017, eff. 1-1-13;
298-558, eff. 1-1-14.)