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Illinois House Bill 3396

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  • #1565
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    Status
    Spectrum: Partisan Bill (Democrat 12-0)
    Status: Enrolled on May 30 2019 – 75% progression
    Action: 2019-06-28 – Sent to the Governor
    Text: Latest bill text (Enrolled) [HTML]

    Summary
    Amends the Stalking No Contact Order Act. Provides that if an emergency stalking no contact order is granted on a court holiday or evening, the court shall immediately file a certified copy of the order with the sheriff or other law enforcement official charged with maintaining Department of State Police records (rather than on the next court day).

    Title
    STALKING NO CONTACT-NOTICE

    Sponsors
    Rep. Frances Hurley [D] Rep. Joyce Mason [D] Rep. Debbie Meyers-Martin [D] Rep. Terra Costa Howard [D]
    Rep. Natalie Manley [D] Sen. Linda Holmes [D] Sen. Jacqueline Collins [D] Sen. Mattie Hunter [D]
    Sen. Jennifer Bertino-Tarrant [D] Sen. William Cunningham [D] Sen. Antonio Munoz [D] Sen. Laura Fine [D]

    Roll Calls
    2019-05-30 – House – Concurrence in House (Y: 116 N: 0 NV: 0 Abs: 0) [PASS]
    2019-05-23 – Senate – Third Reading in Senate (Y: 57 N: 0 NV: 2 Abs: 0) [PASS]
    2019-04-04 – House – Third Reading in House (Y: 111 N: 0 NV: 2 Abs: 0) [PASS]

    History
    Date Chamber Action
    2019-06-28 House Sent to the Governor
    2019-05-30 House Passed Both Houses
    2019-05-30 House House Concurs
    2019-05-30 House Senate Floor Amendment No. 1 House Concurs 116-000-000
    2019-05-28 House Added Co-Sponsor Rep. Natalie A. Manley
    2019-05-27 House Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary – Criminal Committee; 018-000-000
    2019-05-26 House Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary – Criminal Committee
    2019-05-26 House Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
    2019-05-26 House Senate Floor Amendment No. 1 Motion Filed Concur Rep. Frances Ann Hurley
    2019-05-23 House Placed on Calendar Order of Concurrence Senate Amendment(s) 1
    2019-05-23 House Arrived in House
    2019-05-23 Senate Added as Alternate Co-Sponsor Sen. Laura Fine
    2019-05-23 Senate Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
    2019-05-23 Senate Third Reading – Passed; 057-000-000
    2019-05-23 Senate Placed on Calendar Order of 3rd Reading
    2019-05-23 Senate Senate Floor Amendment No. 1 Adopted; Holmes
    2019-05-23 Senate Recalled to Second Reading
    2019-05-22 Senate Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 010-000-000
    2019-05-21 Senate Placed on Calendar Order of 3rd Reading May 22, 2019
    2019-05-21 Senate Second Reading
    2019-05-21 Senate Added as Alternate Co-Sponsor Sen. Antonio Muñoz
    2019-05-21 Senate Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
    2019-05-17 Senate Senate Floor Amendment No. 1 Referred to Assignments
    2019-05-17 Senate Senate Floor Amendment No. 1 Filed with Secretary by Sen. Linda Holmes
    2019-05-08 Senate Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
    2019-05-08 Senate Placed on Calendar Order of 2nd Reading May 9, 2019
    2019-05-08 Senate Do Pass Criminal Law; 010-000-000
    2019-05-02 Senate Added as Alternate Co-Sponsor Sen. Bill Cunningham
    2019-05-02 Senate Added as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant
    2019-05-02 Senate Postponed – Criminal Law
    2019-04-24 Senate Assigned to Criminal Law
    2019-04-24 Senate Referred to Assignments
    2019-04-24 Senate First Reading
    2019-04-24 Senate Chief Senate Sponsor Sen. Linda Holmes
    2019-04-04 Senate Placed on Calendar Order of First Reading April 9, 2019
    2019-04-04 Senate Arrive in Senate
    2019-04-04 House Third Reading – Short Debate – Passed 111-000-000
    2019-04-02 House Added Chief Co-Sponsor Rep. Debbie Meyers-Martin
    2019-04-02 House Placed on Calendar Order of 3rd Reading – Short Debate
    2019-04-02 House Second Reading – Short Debate
    2019-03-29 House Placed on Calendar 2nd Reading – Short Debate
    2019-03-28 House Do Pass / Short Debate Judiciary – Criminal Committee; 019-000-000
    2019-03-12 House Added Chief Co-Sponsor Rep. Joyce Mason
    2019-03-05 House Assigned to Judiciary – Criminal Committee
    2019-02-28 House Added Co-Sponsor Rep. Terra Costa Howard
    2019-02-15 House Referred to Rules Committee
    2019-02-15 House First Reading
    2019-02-15 House Filed with the Clerk by Rep. Frances Ann Hurley
    Code Citations
    Chapter Article Section Citation Type Statute Text
    740 21 115 Amended Code Citation Text
    740 21 60 Amended Code Citation Text
    Illinois State Sources
    Type Source
    Summary http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3396&GAID=15&DocTypeID=HB&SessionID=108&GA=101
    Text http://www.ilga.gov/legislation/101/HB/10100HB3396.htm
    Text http://www.ilga.gov/legislation/101/HB/10100HB3396eng.htm
    Text http://www.ilga.gov/legislation/101/HB/10100HB3396enr.htm
    Amendment http://www.ilga.gov/legislation/101/HB/10100HB3396sam001.htm
    Roll Call http://www.ilga.gov/legislation/votehistory/101/house/10100HB3396_04042019_012000T.pdf
    Roll Call http://www.ilga.gov/legislation/votehistory/101/senate/10100HB3396_05232019_022000T.pdf
    Roll Call http://www.ilga.gov/legislation/votehistory/101/house/10100HB3396sam001_05302019_030000C.pdf

    This topic was also posted in: Illinois.
    #1567
    AvatarNews
    Keymaster

    HB3396 Enrolled LRB101 10793 LNS 55919 b
    1 AN ACT concerning civil law.
    2 Be it enacted by the People of the State of Illinois,
    3 represented in the General Assembly:
    4 Section 5. The Stalking No Contact Order Act is amended by
    5 changing Sections 60 and 115 as follows:
    6 (740 ILCS 21/60)
    7 Sec. 60. Process.
    8 (a) Any action for a stalking no contact order requires
    9 that a separate summons be issued and served. The summons shall
    10 be in the form prescribed by Supreme Court Rule 101(d), except
    11 that it shall require the respondent to answer or appear within
    12 7 days. Attachments to the summons or notice shall include the
    13 petition for stalking no contact order and supporting
    14 affidavits, if any, and any emergency stalking no contact order
    15 that has been issued.
    16 (b) The summons shall be served by the sheriff or other law
    17 enforcement officer at the earliest time and shall take
    18 precedence over other summonses except those of a similar
    19 emergency nature. Special process servers may be appointed at
    20 any time, and their designation shall not affect the
    21 responsibilities and authority of the sheriff or other official
    22 process servers.
    23 (c) Service of process on a member of the respondent’s
    HB3396 Enrolled – 2 – LRB101 10793 LNS 55919 b
    1 household or by publication shall be adequate if: (1) the
    2 petitioner has made all reasonable efforts to accomplish actual
    3 service of process personally upon the respondent, but the
    4 respondent cannot be found to effect such service; and (2) the
    5 petitioner files an affidavit or presents sworn testimony as to
    6 those efforts.
    7 (d) A plenary stalking no contact order may be entered by
    8 default for the remedy sought in the petition, if the
    9 respondent has been served or given notice in accordance with
    10 subsection (a) and if the respondent then fails to appear as
    11 directed or fails to appear on any subsequent appearance or
    12 hearing date agreed to by the parties or set by the court.
    13 (e) If an order is granted under subsection (c) of Section
    14 95, the court shall immediately file a certified copy of the
    15 order with the sheriff or other law enforcement official
    16 charged with maintaining Department of State Police records.
    17 (Source: P.A. 96-246, eff. 1-1-10.)
    18 (740 ILCS 21/115)
    19 Sec. 115. Notice of orders.
    20 (a) Upon issuance of any stalking no contact order, the
    21 clerk shall immediately, or on the next court day if an
    22 emergency order is issued in accordance with subsection (c) of
    23 Section 95:
    24 (1) enter the order on the record and file it in
    25 accordance with the circuit court procedures; and
    HB3396 Enrolled – 3 – LRB101 10793 LNS 55919 b
    1 (2) provide a file stamped copy of the order to the
    2 respondent, if present, and to the petitioner.
    3 (b) The clerk of the issuing judge shall, or the petitioner
    4 may, on the same day that a stalking no contact order is
    5 issued, file a certified copy of that order with the sheriff or
    6 other law enforcement officials charged with maintaining
    7 Department of State Police records or charged with serving the
    8 order upon the respondent. If the order was issued in
    9 accordance with subsection (c) of Section 95, the clerk shall,
    10 on the next court day, file a certified copy of the order with
    11 the sheriff or other law enforcement officials charged with
    12 maintaining Department of State Police records. If the
    13 respondent, at the time of the issuance of the order, is
    14 committed to the custody of the Illinois Department of
    15 Corrections or Illinois Department of Juvenile Justice or is on
    16 parole, aftercare release, or mandatory supervised release,
    17 the sheriff or other law enforcement officials charged with
    18 maintaining Department of State Police records shall notify the
    19 Department of Corrections or Department of Juvenile Justice
    20 within 48 hours of receipt of a copy of the stalking no contact
    21 order from the clerk of the issuing judge or the petitioner.
    22 Such notice shall include the name of the respondent, the
    23 respondent’s IDOC inmate number or IDJJ youth identification
    24 number, the respondent’s date of birth, and the LEADS Record
    25 Index Number.
    26 (c) Unless the respondent was present in court when the
    HB3396 Enrolled – 4 – LRB101 10793 LNS 55919 b
    1 order was issued, the sheriff, other law enforcement official,
    2 or special process server shall promptly serve that order upon
    3 the respondent and file proof of such service in the manner
    4 provided for service of process in civil proceedings. Instead
    5 of serving the order upon the respondent, however, the sheriff,
    6 other law enforcement official, special process server, or
    7 other persons defined in Section 117 may serve the respondent
    8 with a short form notification as provided in Section 117. If
    9 process has not yet been served upon the respondent, it shall
    10 be served with the order or short form notification if such
    11 service is made by the sheriff, other law enforcement official,
    12 or special process server.
    13 (d) If the person against whom the stalking no contact
    14 order is issued is arrested and the written order is issued in
    15 accordance with subsection (c) of Section 95 and received by
    16 the custodial law enforcement agency before the respondent or
    17 arrestee is released from custody, the custodial law
    18 enforcement agent shall promptly serve the order upon the
    19 respondent or arrestee before the respondent or arrestee is
    20 released from custody. In no event shall detention of the
    21 respondent or arrestee be extended for hearing on the petition
    22 for stalking no contact order or receipt of the order issued
    23 under Section 95 of this Act.
    24 (e) Any order extending, modifying, or revoking any
    25 stalking no contact order shall be promptly recorded, issued,
    26 and served as provided in this Section.
    HB3396 Enrolled – 5 – LRB101 10793 LNS 55919 b
    1 (f) Upon the request of the petitioner, within 24 hours of
    2 the issuance of a stalking no contact order, the clerk of the
    3 issuing judge shall send written notice of the order along with
    4 a certified copy of the order to any school, daycare, college,
    5 or university at which the petitioner is enrolled.
    6 (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
    7 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
    8 Section 10. The Civil No Contact Order Act is amended by
    9 changing Sections 208 and 218 as follows:
    10 (740 ILCS 22/208)
    11 Sec. 208. Process.
    12 (a) Any action for a civil no contact order requires that a
    13 separate summons be issued and served. The summons shall be in
    14 the form prescribed by Supreme Court Rule 101(d), except that
    15 it shall require the respondent to answer or appear within 7
    16 days. Attachments to the summons or notice shall include the
    17 petition for civil no contact order and supporting affidavits,
    18 if any, and any emergency civil no contact order that has been
    19 issued.
    20 (b) The summons shall be served by the sheriff or other law
    21 enforcement officer at the earliest time and shall take
    22 precedence over other summonses except those of a similar
    23 emergency nature. Special process servers may be appointed at
    24 any time, and their designation shall not affect the
    HB3396 Enrolled – 6 – LRB101 10793 LNS 55919 b
    1 responsibilities and authority of the sheriff or other official
    2 process servers.
    3 (c) Service of process on a member of the respondent’s
    4 household or by publication shall be adequate if: (1) the
    5 petitioner has made all reasonable efforts to accomplish actual
    6 service of process personally upon the respondent, but the
    7 respondent cannot be found to effect such service; and (2) the
    8 petitioner files an affidavit or presents sworn testimony as to
    9 those efforts.
    10 (d) A plenary civil no contact order may be entered by
    11 default for the remedy sought in the petition, if the
    12 respondent has been served or given notice in accordance with
    13 subsection (a) and if the respondent then fails to appear as
    14 directed or fails to appear on any subsequent appearance or
    15 hearing date agreed to by the parties or set by the court.
    16 (e) If an order is granted under subsection (c) of Section
    17 214, the court shall immediately file a certified copy of the
    18 order with the sheriff or other law enforcement official
    19 charged with maintaining Department of State Police records.
    20 (Source: P.A. 93-236, eff. 1-1-04.)
    21 (740 ILCS 22/218)
    22 Sec. 218. Notice of orders.
    23 (a) Upon issuance of any civil no contact order, the clerk
    24 shall immediately, or on the next court day if an emergency
    25 order is issued in accordance with subsection (c) of Section
    HB3396 Enrolled – 7 – LRB101 10793 LNS 55919 b
    1 214:
    2 (1) enter the order on the record and file it in
    3 accordance with the circuit court procedures; and
    4 (2) provide a file stamped copy of the order to the
    5 respondent, if present, and to the petitioner.
    6 (b) The clerk of the issuing judge shall, or the petitioner
    7 may, on the same day that a civil no contact order is issued,
    8 file a certified copy of that order with the sheriff or other
    9 law enforcement officials charged with maintaining Department
    10 of State Police records or charged with serving the order upon
    11 the respondent. If the order was issued in accordance with
    12 subsection (c) of Section 214, the clerk shall, on the next
    13 court day, file a certified copy of the order with the Sheriff
    14 or other law enforcement officials charged with maintaining
    15 Department of State Police records. If the respondent, at the
    16 time of the issuance of the order, is committed to the custody
    17 of the Illinois Department of Corrections or Illinois
    18 Department of Juvenile Justice, or is on parole, aftercare
    19 release, or mandatory supervised release, the sheriff or other
    20 law enforcement officials charged with maintaining Department
    21 of State Police records shall notify the Department of
    22 Corrections or Department of Juvenile Justice within 48 hours
    23 of receipt of a copy of the civil no contact order from the
    24 clerk of the issuing judge or the petitioner. Such notice shall
    25 include the name of the respondent, the respondent’s IDOC
    26 inmate number or IDJJ youth identification number, the
    HB3396 Enrolled – 8 – LRB101 10793 LNS 55919 b
    1 respondent’s date of birth, and the LEADS Record Index Number.
    2 (c) Unless the respondent was present in court when the
    3 order was issued, the sheriff, other law enforcement official,
    4 or special process server shall promptly serve that order upon
    5 the respondent and file proof of such service in the manner
    6 provided for service of process in civil proceedings. Instead
    7 of serving the order upon the respondent, however, the sheriff,
    8 other law enforcement official, special process server, or
    9 other persons defined in Section 218.1 may serve the respondent
    10 with a short form notification as provided in Section 218.1. If
    11 process has not yet been served upon the respondent, it shall
    12 be served with the order or short form notification if such
    13 service is made by the sheriff, other law enforcement official,
    14 or special process server.
    15 (d) If the person against whom the civil no contact order
    16 is issued is arrested and the written order is issued in
    17 accordance with subsection (c) of Section 214 and received by
    18 the custodial law enforcement agency before the respondent or
    19 arrestee is released from custody, the custodial law
    20 enforcement agent shall promptly serve the order upon the
    21 respondent or arrestee before the respondent or arrestee is
    22 released from custody. In no event shall detention of the
    23 respondent or arrestee be extended for hearing on the petition
    24 for civil no contact order or receipt of the order issued under
    25 Section 214 of this Act.
    26 (e) Any order extending, modifying, or revoking any civil
    HB3396 Enrolled – 9 – LRB101 10793 LNS 55919 b
    1 no contact order shall be promptly recorded, issued, and served
    2 as provided in this Section.
    3 (f) Upon the request of the petitioner, within 24 hours of
    4 the issuance of a civil no contact order, the clerk of the
    5 issuing judge shall send written notice of the order along with
    6 a certified copy of the order to any school, college, or
    7 university at which the petitioner is enrolled.
    8 (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13;
    9 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
    10 Section 15. The Illinois Domestic Violence Act of 1986 is
    11 amended by changing Sections 210 and 222 as follows:
    12 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
    13 Sec. 210. Process.
    14 (a) Summons. Any action for an order of protection, whether
    15 commenced alone or in conjunction with another proceeding, is a
    16 distinct cause of action and requires that a separate summons
    17 be issued and served, except that in pending cases the
    18 following methods may be used:
    19 (1) By delivery of the summons to respondent personally
    20 in open court in pending civil or criminal cases.
    21 (2) By notice in accordance with Section 210.1 in civil
    22 cases in which the defendant has filed a general
    23 appearance.
    24 The summons shall be in the form prescribed by Supreme
    HB3396 Enrolled – 10 – LRB101 10793 LNS 55919 b
    1 Court Rule 101(d), except that it shall require respondent to
    2 answer or appear within 7 days. Attachments to the summons or
    3 notice shall include the petition for order of protection and
    4 supporting affidavits, if any, and any emergency order of
    5 protection that has been issued. The enforcement of an order of
    6 protection under Section 223 shall not be affected by the lack
    7 of service, delivery, or notice, provided the requirements of
    8 subsection (d) of that Section are otherwise met.
    9 (b) Blank.
    10 (c) Expedited service. The summons shall be served by the
    11 sheriff or other law enforcement officer at the earliest time
    12 and shall take precedence over other summonses except those of
    13 a similar emergency nature. Special process servers may be
    14 appointed at any time, and their designation shall not affect
    15 the responsibilities and authority of the sheriff or other
    16 official process servers. In counties with a population over
    17 3,000,000, a special process server may not be appointed if the
    18 order of protection grants the surrender of a child, the
    19 surrender of a firearm or firearm owners identification card,
    20 or the exclusive possession of a shared residence.
    21 (d) Remedies requiring actual notice. The counseling,
    22 payment of support, payment of shelter services, and payment of
    23 losses remedies provided by paragraphs 4, 12, 13, and 16 of
    24 subsection (b) of Section 214 may be granted only if respondent
    25 has been personally served with process, has answered or has
    26 made a general appearance.
    HB3396 Enrolled – 11 – LRB101 10793 LNS 55919 b
    1 (e) Remedies upon constructive notice. Service of process
    2 on a member of respondent’s household or by publication shall
    3 be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
    4 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
    5 214, but only if: (i) petitioner has made all reasonable
    6 efforts to accomplish actual service of process personally upon
    7 respondent, but respondent cannot be found to effect such
    8 service and (ii) petitioner files an affidavit or presents
    9 sworn testimony as to those efforts.
    10 (f) Default. A plenary order of protection may be entered
    11 by default as follows:
    12 (1) For any of the remedies sought in the petition, if
    13 respondent has been served or given notice in accordance
    14 with subsection (a) and if respondent then fails to appear
    15 as directed or fails to appear on any subsequent appearance
    16 or hearing date agreed to by the parties or set by the
    17 court; or
    18 (2) For any of the remedies provided in accordance with
    19 subsection (e), if respondent fails to answer or appear in
    20 accordance with the date set in the publication notice or
    21 the return date indicated on the service of a household
    22 member.
    23 (g) Emergency orders. If an order is granted under
    24 subsection (c) of Section 217, the court shall immediately file
    25 a certified copy of the order with the sheriff or other law
    26 enforcement official charged with maintaining Department of
    HB3396 Enrolled – 12 – LRB101 10793 LNS 55919 b
    1 State Police records.
    2 (Source: P.A. 99-240, eff. 1-1-16.)
    3 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
    4 Sec. 222. Notice of orders.
    5 (a) Entry and issuance. Upon issuance of any order of
    6 protection, the clerk shall immediately, or on the next court
    7 day if an emergency order is issued in accordance with
    8 subsection (c) of Section 217, (i) enter the order on the
    9 record and file it in accordance with the circuit court
    10 procedures and (ii) provide a file stamped copy of the order to
    11 respondent, if present, and to petitioner.
    12 (b) Filing with sheriff. The clerk of the issuing judge
    13 shall, or the petitioner may, on the same day that an order of
    14 protection is issued, file a certified copy of that order with
    15 the sheriff or other law enforcement officials charged with
    16 maintaining Department of State Police records or charged with
    17 serving the order upon respondent. If the order was issued in
    18 accordance with subsection (c) of Section 217, the clerk shall
    19 on the next court day, file a certified copy of the order with
    20 the Sheriff or other law enforcement officials charged with
    21 maintaining Department of State Police records. If the
    22 respondent, at the time of the issuance of the order, is
    23 committed to the custody of the Illinois Department of
    24 Corrections or Illinois Department of Juvenile Justice or is on
    25 parole, aftercare release, or mandatory supervised release,
    HB3396 Enrolled – 13 – LRB101 10793 LNS 55919 b
    1 the sheriff or other law enforcement officials charged with
    2 maintaining Department of State Police records shall notify the
    3 Department of Corrections or Department of Juvenile Justice
    4 within 48 hours of receipt of a copy of the order of protection
    5 from the clerk of the issuing judge or the petitioner. Such
    6 notice shall include the name of the respondent, the
    7 respondent’s IDOC inmate number or IDJJ youth identification
    8 number, the respondent’s date of birth, and the LEADS Record
    9 Index Number.
    10 (c) Service by sheriff. Unless respondent was present in
    11 court when the order was issued, the sheriff, other law
    12 enforcement official or special process server shall promptly
    13 serve that order upon respondent and file proof of such
    14 service, in the manner provided for service of process in civil
    15 proceedings. Instead of serving the order upon the respondent,
    16 however, the sheriff, other law enforcement official, special
    17 process server, or other persons defined in Section 222.10 may
    18 serve the respondent with a short form notification as provided
    19 in Section 222.10. If process has not yet been served upon the
    20 respondent, it shall be served with the order or short form
    21 notification if such service is made by the sheriff, other law
    22 enforcement official, or special process server. A single fee
    23 may be charged for service of an order obtained in civil court,
    24 or for service of such an order together with process, unless
    25 waived or deferred under Section 210.
    26 (c-5) If the person against whom the order of protection is
    HB3396 Enrolled – 14 – LRB101 10793 LNS 55919 b
    1 issued is arrested and the written order is issued in
    2 accordance with subsection (c) of Section 217 and received by
    3 the custodial law enforcement agency before the respondent or
    4 arrestee is released from custody, the custodial law
    5 enforcement agent shall promptly serve the order upon the
    6 respondent or arrestee before the respondent or arrestee is
    7 released from custody. In no event shall detention of the
    8 respondent or arrestee be extended for hearing on the petition
    9 for order of protection or receipt of the order issued under
    10 Section 217 of this Act.
    11 (d) Extensions, modifications and revocations. Any order
    12 extending, modifying or revoking any order of protection shall
    13 be promptly recorded, issued and served as provided in this
    14 Section.
    15 (e) Notice to schools. Upon the request of the petitioner,
    16 within 24 hours of the issuance of an order of protection, the
    17 clerk of the issuing judge shall send a certified copy of the
    18 order of protection to the day-care facility, pre-school or
    19 pre-kindergarten, or private school or the principal office of
    20 the public school district or any college or university in
    21 which any child who is a protected person under the order of
    22 protection or any child of the petitioner is enrolled as
    23 requested by the petitioner at the mailing address provided by
    24 the petitioner. If the child transfers enrollment to another
    25 day-care facility, pre-school, pre-kindergarten, private
    26 school, public school, college, or university, the petitioner
    HB3396 Enrolled – 15 – LRB101 10793 LNS 55919 b
    1 may, within 24 hours of the transfer, send to the clerk written
    2 notice of the transfer, including the name and address of the
    3 institution to which the child is transferring. Within 24 hours
    4 of receipt of notice from the petitioner that a child is
    5 transferring to another day-care facility, pre-school,
    6 pre-kindergarten, private school, public school, college, or
    7 university, the clerk shall send a certified copy of the order
    8 to the institution to which the child is transferring.
    9 (f) Disclosure by schools. After receiving a certified copy
    10 of an order of protection that prohibits a respondent’s access
    11 to records, neither a day-care facility, pre-school,
    12 pre-kindergarten, public or private school, college, or
    13 university nor its employees shall allow a respondent access to
    14 a protected child’s records or release information in those
    15 records to the respondent. The school shall file the copy of
    16 the order of protection in the records of a child who is a
    17 protected person under the order of protection. When a child
    18 who is a protected person under the order of protection
    19 transfers to another day-care facility, pre-school,
    20 pre-kindergarten, public or private school, college, or
    21 university, the institution from which the child is
    22 transferring may, at the request of the petitioner, provide,
    23 within 24 hours of the transfer, written notice of the order of
    24 protection, along with a certified copy of the order, to the
    25 institution to which the child is transferring.
    26 (g) Notice to health care facilities and health care
    HB3396 Enrolled – 16 – LRB101 10793 LNS 55919 b
    1 practitioners. Upon the request of the petitioner, the clerk of
    2 the circuit court shall send a certified copy of the order of
    3 protection to any specified health care facility or health care
    4 practitioner requested by the petitioner at the mailing address
    5 provided by the petitioner.
    6 (h) Disclosure by health care facilities and health care
    7 practitioners. After receiving a certified copy of an order of
    8 protection that prohibits a respondent’s access to records, no
    9 health care facility or health care practitioner shall allow a
    10 respondent access to the records of any child who is a
    11 protected person under the order of protection, or release
    12 information in those records to the respondent, unless the
    13 order has expired or the respondent shows a certified copy of
    14 the court order vacating the corresponding order of protection
    15 that was sent to the health care facility or practitioner.
    16 Nothing in this Section shall be construed to require health
    17 care facilities or health care practitioners to alter
    18 procedures related to billing and payment. The health care
    19 facility or health care practitioner may file the copy of the
    20 order of protection in the records of a child who is a
    21 protected person under the order of protection, or may employ
    22 any other method to identify the records to which a respondent
    23 is prohibited access. No health care facility or health care
    24 practitioner shall be civilly or professionally liable for
    25 reliance on a copy of an order of protection, except for
    26 willful and wanton misconduct.
    HB3396 Enrolled – 17 – LRB101 10793 LNS 55919 b
    1 (Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558,
    2 eff. 1-1-14.)

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