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Public Act 92-0090
SB187 Enrolled LRB9206039ARsbA
AN ACT concerning orders of protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 203 and 222 as follows:
(750 ILCS 60/203) (from Ch. 40, par. 2312-3)
Sec. 203. Pleading; non-disclosure of address;
non-disclosure of schools.
(a) A petition for an order of protection shall be in
writing and verified or accompanied by affidavit and shall
allege that petitioner has been abused by respondent, who is
a family or household member. The petition shall further set
forth whether there is any other pending action between the
parties. During the pendency of this proceeding, each party
has a continuing duty to inform the court of any subsequent
proceeding for an order of protection in this or any other
state.
(b) If the petition states that disclosure of
petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from all documents filed
with the court. If disclosure is necessary to determine
jurisdiction or consider any venue issue, it shall be made
orally and in camera. If petitioner has not disclosed an
address under this subsection, petitioner shall designate an
alternative address at which respondent may serve notice of
any motions.
(c) If the petitioner is seeking to have a child
protected by the order of protection, and if that child is
enrolled in any day-care facility, pre-school,
pre-kindergarten, private school, public school district,
college, or university, the petitioner may provide the name
and address of the day-care facility, pre-school,
pre-kindergarten, private school, public school district,
college, or university to the court. However, if the
petition states that disclosure of this information would
risk abuse to petitioner or to the child protected under the
order, this information may be omitted from all documents
filed with the court.
(Source: P.A. 87-1186.)
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately, or on the next court
day if an emergency order is issued in accordance with
subsection (c) of Section 217, (i) enter the order on the
record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order
to respondent, if present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that an order
of protection is issued, file a certified copy of that order
with the sheriff or other law enforcement officials charged
with maintaining Department of State Police records or
charged with serving the order upon respondent. If the order
was issued in accordance with subsection (c) of Section 217,
the clerk shall on the next court day, file a certified copy
of the order with the Sheriff or other law enforcement
officials charged with maintaining Department of State Police
records.
(c) Service by sheriff. Unless respondent was present
in court when the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon respondent and file proof of such
service, in the manner provided for service of process in
civil proceedings. If process has not yet been served upon
the respondent, it shall be served with the order. A single
fee may be charged for service of an order obtained in civil
court, or for service of such an order together with process,
unless waived or deferred under Section 210.
(c-5) If the person against whom the order of protection
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the
petition for order of protection or receipt of the order
issued under Section 217 of this Act.
(d) Extensions, modifications and revocations. Any
order extending, modifying or revoking any order of
protection shall be promptly recorded, issued and served as
provided in this Section.
(e) Notice to schools. Upon the request of the
petitioner, within 24 hours of the issuance of an order of
protection, Upon request the clerk of the issuing judge shall
send written notice of the order of protection along with
file a certified copy of the an order of protection to with
the day-care facility, pre-school or pre-kindergarten, or
private school or schools or the principal office of the
public school district or any college or university or
districts in which any child who is a protected person under
the order of protection or any child children of the
petitioner is are enrolled. If the child transfers enrollment
to another day-care facility, pre-school, pre-kindergarten,
private school, public school, college, or university, the
petitioner may, within 24 hours of the transfer, send to the
clerk written notice of the transfer, including the name and
address of the institution to which the child is
transferring. Within 24 hours of receipt of notice from the
petitioner that a child is transferring to another day-care
facility, pre-school, pre-kindergarten, private school,
public school, college, or university, the clerk shall send
written notice of the order of protection, along with a
certified copy of the order, to the institution to which the
child is transferring.
(f) Disclosure by schools. After receiving a certified
copy of an order of protection that prohibits a respondent's
access to records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access
to a protected child's records or release information in
those records to the respondent. The school shall file the
copy of the order of protection in the records of a child who
is a protected person under the order of protection. When a
child who is a protected person under the order of protection
transfers to another day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order
of protection, along with a certified copy of the order, to
the institution to which the child is transferring.
(Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2001.
Approved July 18, 2001.
Effective July 18, 2001.
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