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Illinois Senate Bill SB2605

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2605 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2605 Introduced 10/18/2023, by Sen. Natalie Toro SYNOPSIS AS INTRODUCED: 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1 Amends the Code of Criminal Procedure of 1963. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a protective order 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 34270 LNS 64096 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2605 Introduced 10/18/2023, by Sen. Natalie Toro SYNOPSIS AS INTRODUCED: 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1 Amends the Code of Criminal Procedure of 1963. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a protective order 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 34270 LNS 64096 b LRB103 34270 LNS 64096 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2605 Introduced 10/18/2023, by Sen. Natalie Toro SYNOPSIS AS INTRODUCED:
33 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1
44 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22
55 725 ILCS 5/112A-22.1
66 Amends the Code of Criminal Procedure of 1963. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a protective order 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.
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Code of Criminal Procedure of 1963 is
1616 5 amended by changing Sections 112A-22 and 112A-22.1 as follows:
1717 6 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
1818 7 Sec. 112A-22. Notice of orders.
1919 8 (a) Entry and issuance. Upon issuance of any protective
2020 9 order, the clerk shall immediately, or on the next court day if
2121 10 an ex parte order is issued under subsection (e) of Section
2222 11 112A-17.5 of this Code, (i) enter the order on the record and
2323 12 file it in accordance with the circuit court procedures and
2424 13 (ii) provide a file stamped copy of the order to respondent and
2525 14 to petitioner, if present, and to the State's Attorney. If the
2626 15 victim is not present the State's Attorney shall (i) as soon as
2727 16 practicable notify the petitioner the order has been entered
2828 17 and (ii) provide a file stamped copy of the order to the
2929 18 petitioner within 3 days.
3030 19 (b) Filing with sheriff. The clerk of the issuing judge
3131 20 shall, on the same day that a protective order is issued, file
3232 21 a copy of that order with the sheriff or other law enforcement
3333 22 officials charged with maintaining Illinois State Police
3434 23 records or charged with serving the order upon respondent. If
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2605 Introduced 10/18/2023, by Sen. Natalie Toro SYNOPSIS AS INTRODUCED:
3939 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22 725 ILCS 5/112A-22.1
4040 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22
4141 725 ILCS 5/112A-22.1
4242 Amends the Code of Criminal Procedure of 1963. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a protective order 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.
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7171 1 the order was issued under subsection (e) of Section 112A-17.5
7272 2 of this Code, the clerk on the next court day shall file a
7373 3 certified copy of the order with the sheriff or other law
7474 4 enforcement officials charged with maintaining Illinois State
7575 5 Police records.
7676 6 (c) (Blank).
7777 7 (c-2) Service by sheriff. Unless respondent was present in
7878 8 court when the order was issued, the sheriff, other law
7979 9 enforcement official, or special process server shall promptly
8080 10 serve that order upon respondent and file proof of the
8181 11 service, in the manner provided for service of process in
8282 12 civil proceedings. Instead of serving the order upon the
8383 13 respondent; however, the sheriff, other law enforcement
8484 14 official, special process server, or other persons defined in
8585 15 Section 112A-22.1 of this Code may serve the respondent with a
8686 16 short form notification as provided in Section 112A-22.1 of
8787 17 this Code. If process has not yet been served upon the
8888 18 respondent, process shall be served with the order or short
8989 19 form notification if the service is made by the sheriff, other
9090 20 law enforcement official, or special process server.
9191 21 (c-3) If the person against whom the protective order is
9292 22 issued is arrested and the written order is issued under
9393 23 subsection (e) of Section 112A-17.5 of this Code and received
9494 24 by the custodial law enforcement agency before the respondent
9595 25 or arrestee is released from custody, the custodial law
9696 26 enforcement agency shall promptly serve the order upon the
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107107 1 respondent or arrestee before the respondent or arrestee is
108108 2 released from custody. In no event shall detention of the
109109 3 respondent or arrestee be extended for a hearing on the
110110 4 petition for protective order or receipt of the order issued
111111 5 under Section 112A-17 of this Code.
112112 6 (c-4) Extensions, modifications, and revocations. Any
113113 7 order extending, modifying, or revoking any protective order
114114 8 shall be promptly recorded, issued, and served as provided in
115115 9 this Section.
116116 10 (c-5) (Blank).
117117 11 (d) (Blank).
118118 12 (e) Notice to health care facilities and health care
119119 13 practitioners. Upon the request of the petitioner, the clerk
120120 14 of the circuit court shall send a certified copy of the
121121 15 protective order to any specified health care facility or
122122 16 health care practitioner requested by the petitioner at the
123123 17 mailing address provided by the petitioner.
124124 18 (f) Disclosure by health care facilities and health care
125125 19 practitioners. After receiving a certified copy of a
126126 20 protective order that prohibits a respondent's access to
127127 21 records, no health care facility or health care practitioner
128128 22 shall allow a respondent access to the records of any child who
129129 23 is a protected person under the protective order, or release
130130 24 information in those records to the respondent, unless the
131131 25 order has expired or the respondent shows a certified copy of
132132 26 the court order vacating the corresponding protective order
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143143 1 that was sent to the health care facility or practitioner.
144144 2 Nothing in this Section shall be construed to require health
145145 3 care facilities or health care practitioners to alter
146146 4 procedures related to billing and payment. The health care
147147 5 facility or health care practitioner may file the copy of the
148148 6 protective order in the records of a child who is a protected
149149 7 person under the protective order, or may employ any other
150150 8 method to identify the records to which a respondent is
151151 9 prohibited access. No health care facility or health care
152152 10 practitioner shall be civilly or professionally liable for
153153 11 reliance on a copy of a protective order, except for willful
154154 12 and wanton misconduct.
155155 13 (g) Notice to schools. Upon the request of the petitioner,
156156 14 within 24 hours of the issuance of a protective order, the
157157 15 clerk of the issuing judge shall send a certified copy of the
158158 16 protective order to the day-care facility, pre-school or
159159 17 pre-kindergarten, or private school or the principal office of
160160 18 the public school district or any college or university in
161161 19 which any child who is a protected person under the protective
162162 20 order or any child of the petitioner is enrolled as requested
163163 21 by the petitioner at the mailing address provided by the
164164 22 petitioner. If the child transfers enrollment to another
165165 23 day-care facility, pre-school, pre-kindergarten, private
166166 24 school, public school, college, or university, the petitioner
167167 25 may, within 24 hours of the transfer, send to the clerk written
168168 26 notice of the transfer, including the name and address of the
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179179 1 institution to which the child is transferring. Within 24
180180 2 hours of receipt of notice from the petitioner that a child is
181181 3 transferring to another day-care facility, pre-school,
182182 4 pre-kindergarten, private school, public school, college, or
183183 5 university, the clerk shall send a certified copy of the order
184184 6 to the institution to which the child is transferring.
185185 7 (h) Disclosure by schools. After receiving a certified
186186 8 copy of a protective order that prohibits a respondent's
187187 9 access to records, neither a day-care facility, pre-school,
188188 10 pre-kindergarten, public or private school, college, or
189189 11 university nor its employees shall allow a respondent access
190190 12 to a protected child's records or release information in those
191191 13 records to the respondent. The school shall file the copy of
192192 14 the protective order in the records of a child who is a
193193 15 protected person under the order. When a child who is a
194194 16 protected person under the protective order transfers to
195195 17 another day-care facility, pre-school, pre-kindergarten,
196196 18 public or private school, college, or university, the
197197 19 institution from which the child is transferring may, at the
198198 20 request of the petitioner, provide, within 24 hours of the
199199 21 transfer, written notice of the protective order, along with a
200200 22 certified copy of the order, to the institution to which the
201201 23 child is transferring.
202202 24 (i) Notice to workplace. Upon the request of the
203203 25 petitioner, the clerk of the circuit court shall send a
204204 26 certified copy of the protective order to the petitioner's
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215215 1 current workplace. If the petitioner's workplace changes, the
216216 2 petitioner may send to the clerk written notice of the change
217217 3 in workplace, including the name and address of the new
218218 4 workplace. Within 24 hours of receipt of notice from the
219219 5 petitioner that the petitioner's workplace has changed, the
220220 6 clerk shall send a certified copy of the protective order to
221221 7 the petitioner's new workplace.
222222 8 (j) Notification by workplace. After receiving notice of a
223223 9 protective order either by the petitioner or the clerk of the
224224 10 circuit court, the manager of the workplace shall immediately
225225 11 notify the appropriate law enforcement agency if the
226226 12 respondent is present at the workplace and is looking for the
227227 13 petitioner or if the respondent is present at the workplace
228228 14 during the petitioner's hours of employment.
229229 15 (Source: P.A. 102-538, eff. 8-20-21.)
230230 16 (725 ILCS 5/112A-22.1)
231231 17 Sec. 112A-22.1. Short form notification.
232232 18 (a) Instead of personal service of a protective order
233233 19 under Section 112A-22 of this Code, a sheriff, other law
234234 20 enforcement official, special process server, or personnel
235235 21 assigned by the Department of Corrections or Department of
236236 22 Juvenile Justice to investigate the alleged misconduct of
237237 23 committed persons or alleged violations of the person's
238238 24 conditions of parole, aftercare release, or mandatory
239239 25 supervised release, shall may serve a respondent with a short
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250250 1 form notification. The short form notification shall include
251251 2 the following:
252252 3 (1) Respondent's name.
253253 4 (2) Respondent's date of birth, if known.
254254 5 (3) Petitioner's name.
255255 6 (4) Names of other protected parties.
256256 7 (5) Date and county in which the protective order was
257257 8 filed.
258258 9 (6) Court file number.
259259 10 (7) Hearing date and time, if known.
260260 11 (8) Conditions that apply to the respondent, either in
261261 12 checklist form or handwritten.
262262 13 (b) The short form notification shall contain the
263263 14 following notice in bold print:
264264 15 "The order is now enforceable. You must report to the
265265 16 office of the sheriff or the office of the circuit court in
266266 17 (name of county) County to obtain a copy of the order. You are
267267 18 subject to arrest and may be charged with a misdemeanor or
268268 19 felony if you violate any of the terms of the order."
269269 20 (c) Upon verification of the identity of the respondent
270270 21 and the existence of an unserved order against the respondent,
271271 22 a sheriff or other law enforcement official may detain the
272272 23 respondent for a reasonable time necessary to complete and
273273 24 serve the short form notification.
274274 25 (d) When service is made by short form notification under
275275 26 this Section, it may be proved by the affidavit of the person
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286286 1 making the service.
287287 2 (e) The Attorney General shall make the short form
288288 3 notification form available to law enforcement agencies in
289289 4 this State.
290290 5 (Source: P.A. 100-597, eff. 6-29-18.)
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