Bill Text: IL HB3396 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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).
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0508 [HB3396 Detail]
Download: Illinois-2019-HB3396-Engrossed.html
Bill Title: 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).
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0508 [HB3396 Detail]
Download: Illinois-2019-HB3396-Engrossed.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Stalking No Contact Order Act is amended by | ||||||
5 | changing Sections 60 and 115 as follows:
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6 | (740 ILCS 21/60)
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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 |
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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.
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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.)
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18 | (740 ILCS 21/115)
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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 |
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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 |
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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. |
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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.
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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.)
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