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Public Act 92-0162
SB686 Enrolled LRB9207951RCcd
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-22 and adding Section
112A-22.10 as follows:
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. 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 112A-17, (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 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 112A-17,
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. Instead of serving the order upon the
respondent, however, the sheriff, other law enforcement
official, or special process server may serve the respondent
with a short form notification as provided in Section
112A-22.10. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification.
(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 112A-17 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 112A-17 of this Code.
(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.
(Source: P.A. 90-392, eff. 1-1-98.)
(725 ILCS 5/112A-22.10 new)
Sec. 112A-22.10. Short form notification.
(a) Instead of personal service of an order of
protection under Section 112A-22, a sheriff, other law
enforcement official, or special process server may serve a
respondent with a short form notification. The short form
notification must include the following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of
protection was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(9) The name of the judge who signed the order.
(b) The short form notification must contain the
following notice in bold print:
"The order of protection is now enforceable. You must
report to the office of the sheriff or the office of the
circuit court in (name of county) County to obtain a copy
of the order of protection. You are subject to arrest and
may be charged with a misdemeanor or felony if you
violate any of the terms of the order of protection."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order of protection against
the respondent, a sheriff or other law enforcement official
may detain the respondent for a reasonable time necessary to
complete and serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the
sheriff, other law enforcement official, or special process
server making the service.
(e) The Attorney General shall provide adequate copies of
the short form notification form to law enforcement agencies
in this State.
Section 10. The Illinois Domestic Violence Act of 1986
is amended by changing Section 222 and adding Section 222.10
as follows:
(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. Instead of serving the order upon the
respondent, however, the sheriff, other law enforcement
official, or special process server may serve the respondent
with a short form notification as provided in Section 222.10.
If process has not yet been served upon the respondent, it
shall be served with the order or short form notification. 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 request the clerk of the
issuing judge shall file a certified copy of an order of
protection with the private school or schools or the
principal office of the public school district or districts
in which any children of the petitioner are enrolled.
(f) Disclosure by schools. After receiving a certified
copy of an order of protection that prohibits a respondent's
access to records, neither a public or private school 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.
(Source: P.A. 89-106, eff. 7-7-95; 90-392, eff. 1-1-98.)
(750 ILCS 60/222.10 new)
Sec. 222.10. Short form notification.
(a) Instead of personal service of an order of protection
under Section 222, a sheriff, other law enforcement official,
or special process server may serve a respondent with a short
form notification. The short form notification must include
the following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of
protection was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(9) The name of the judge who signed the order.
(b) The short form notification must contain the
following notice in bold print:
"The order of protection is now enforceable. You must
report to the office of the sheriff or the office of the
circuit court in (name of county) County to obtain a copy
of the order of protection. You are subject to arrest and
may be charged with a misdemeanor or felony if you
violate any of the terms of the order of protection."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order of protection against
the respondent, a sheriff or other law enforcement official
may detain the respondent for a reasonable time necessary to
complete and serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the
sheriff, other law enforcement official, or special process
server making the service.
(e) The Attorney General shall provide adequate copies of
the short form notification form to law enforcement agencies
in this State.
Passed in the General Assembly May 08, 2001.
Approved July 25, 2001.
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