Bill Text: IL SB2604 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a stalking no contact order, civil no contact order, or order of protection 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2604 Detail]

Download: Illinois-2023-SB2604-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2604 Introduced 10/18/2023, by Sen. Natalie Toro SYNOPSIS AS INTRODUCED:
740 ILCS 21/115
740 ILCS 21/117
740 ILCS 22/218
740 ILCS 22/218.1
750 ILCS 60/222 from Ch. 40, par. 2312-22
750 ILCS 60/222.10
Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Requires, upon the request of a petitioner, the clerk of the circuit court to send a certified copy of a stalking no contact order, civil no contact order, or order of protection 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 34271 LNS 64097 b
A BILL FOR
SB2604 LRB103 34271 LNS 64097 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Stalking No Contact Order Act is amended by
changing Sections 115 and 117 as follows:
(740 ILCS 21/115)
Sec. 115. Notice of orders.
(a) Upon issuance of any stalking no contact order, the
clerk shall immediately:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the
petitioner may, on the same day that a stalking no contact
order is issued, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Illinois State Police records or charged with
serving the order upon the respondent. If the respondent, at
the time of the issuance of the order, is committed to the
custody of the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or is on parole, aftercare
release, or mandatory supervised release, the sheriff or other

SB2604 - 2 - LRB103 34271 LNS 64097 b
law enforcement officials charged with maintaining Illinois
State Police records shall notify the Department of
Corrections or Department of Juvenile Justice within 48 hours
of receipt of a copy of the stalking no contact order from the
clerk of the issuing judge or the petitioner. Such notice
shall include the name of the respondent, the respondent's
IDOC inmate number or IDJJ youth identification number, the
respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the 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
the 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, special process
server, or other persons defined in Section 117 may serve the
respondent with a short form notification as provided in
Section 117. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification if such service is made by the sheriff, other law
enforcement official, or special process server.
(d) If the person against whom the stalking no contact
order is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 95 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law

SB2604 - 3 - LRB103 34271 LNS 64097 b
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 stalking no contact order or receipt of the order issued
under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a stalking no contact order, the clerk of the
issuing judge shall send written notice of the order along
with a certified copy of the order to any school, daycare,
college, or university at which the petitioner is enrolled.
(g) Upon the request of the petitioner, the clerk of the
circuit court shall send a certified copy of the stalking no
contact order to the petitioner's current workplace. If the
petitioner's workplace changes, the petitioner may send to the
clerk written notice of the change in workplace, including the
name and address of the new workplace. Within 24 hours of
receipt of notice from the petitioner that the petitioner's
workplace has changed, the clerk shall send a certified copy
of the stalking no contact order to the petitioner's new
workplace.
(h) After receiving notice of a stalking no contact order
either by the petitioner or the clerk of the circuit court, the

SB2604 - 4 - LRB103 34271 LNS 64097 b
manager of the workplace shall 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.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
(740 ILCS 21/117)
Sec. 117. Short form notification.
(a) Instead of personal service of a stalking no contact
order under Section 115, a sheriff, other law enforcement
official, special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of a parolee's or releasee's conditions of
parole, aftercare release, or mandatory supervised release
shall 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 stalking no
contact order was filed.
(6) The court file number.
(7) The hearing date and time, if known.

SB2604 - 5 - LRB103 34271 LNS 64097 b
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(b) The short form notification must contain the following
notice in bold print:
"The order 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. You are
subject to arrest and may be charged with a misdemeanor or
felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order 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 person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under the Illinois Domestic Violence Act
of 1986, stalking no contact orders under this Act, and civil
no contact orders under the Civil No Contact Order Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)

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Section 10. The Civil No Contact Order Act is amended by
changing Sections 218 and 218.1 as follows:
(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk
shall immediately:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the
petitioner may, on the same day that a civil no contact order
is issued, file a certified copy of that order with the sheriff
or other law enforcement officials charged with maintaining
Illinois State Police records or charged with serving the
order upon the respondent. If the respondent, at the time of
the issuance of the order, is committed to the custody of the
Illinois Department of Corrections or Illinois Department of
Juvenile Justice, or is on parole, aftercare release, or
mandatory supervised release, the sheriff or other law
enforcement officials charged with maintaining Illinois State
Police records shall notify the Department of Corrections or
Department of Juvenile Justice within 48 hours of receipt of a
copy of the civil no contact order from the clerk of the
issuing judge or the petitioner. Such notice shall include the

SB2604 - 7 - LRB103 34271 LNS 64097 b
name of the respondent, the respondent's IDOC inmate number or
IDJJ youth identification number, the respondent's date of
birth, and the LEADS Record Index Number.
(c) Unless the 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
the 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, special process
server, or other persons defined in Section 218.1 may serve
the respondent with a short form notification as provided in
Section 218.1. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification if such service is made by the sheriff, other law
enforcement official, or special process server.
(d) If the person against whom the civil no contact order
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 214 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 civil no contact order or receipt of the order issued under

SB2604 - 8 - LRB103 34271 LNS 64097 b
Section 214 of this Act.
(e) Any order extending, modifying, or revoking any civil
no contact order shall be promptly recorded, issued, and
served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of the order along
with a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.
(g) Upon the request of the petitioner, the clerk of the
circuit court shall send a certified copy of the civil no
contact order to the petitioner's current workplace. If the
petitioner's workplace changes, the petitioner may send to the
clerk written notice of the change in workplace, including the
name and address of the new workplace. Within 24 hours of
receipt of notice from the petitioner that the petitioner's
workplace has changed, the clerk shall send a certified copy
of the civil no contact order to the petitioner's new
workplace.
(h) After receiving notice of a civil no contact order
either by the petitioner or the clerk of the circuit court, the
manager of the workplace shall 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.

SB2604 - 9 - LRB103 34271 LNS 64097 b
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
(740 ILCS 22/218.1)
Sec. 218.1. Short form notification.
(a) Instead of personal service of a civil no contact
order under Section 218, a sheriff, other law enforcement
official, special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of a parolee's or releasee's conditions of
parole, aftercare release, or mandatory supervised release
shall 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 civil no contact
order 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.
(b) The short form notification must contain the following
notice in bold print:
"The order is now enforceable. You must report to the

SB2604 - 10 - LRB103 34271 LNS 64097 b
office of the sheriff or the office of the circuit court in
(name of county) County to obtain a copy of the order. You are
subject to arrest and may be charged with a misdemeanor or
felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order 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 person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under the Illinois Domestic Violence Act
of 1986, stalking no contact orders under the Stalking No
Contact Order Act, and civil no contact orders under this Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 222 and 222.10 as follows:
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.

SB2604 - 11 - LRB103 34271 LNS 64097 b
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately (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 Illinois State Police records or charged with
serving the order upon respondent. If the respondent, at the
time of the issuance of the order, is committed to the custody
of the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or is on parole, aftercare
release, or mandatory supervised release, the sheriff or other
law enforcement officials charged with maintaining Illinois
State Police records shall notify the Department of
Corrections or Department of Juvenile Justice within 48 hours
of receipt of a copy of the order of protection from the clerk
of the issuing judge or the petitioner. Such notice shall
include the name of the respondent, the respondent's IDOC
inmate number or IDJJ youth identification number, the
respondent's date of birth, and the LEADS Record Index Number.
(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

SB2604 - 12 - LRB103 34271 LNS 64097 b
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, special process server, or other persons defined in
Section 222.10 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 if such service is made by
the sheriff, other law enforcement official, or special
process server. 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

SB2604 - 13 - LRB103 34271 LNS 64097 b
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, the
clerk of the issuing judge shall send a certified copy of the
order of protection to the day-care facility, pre-school or
pre-kindergarten, or private school or the principal office of
the public school district or any college or university in
which any child who is a protected person under the order of
protection or any child of the petitioner is enrolled as
requested by the petitioner at the mailing address provided by
the petitioner. 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 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,

SB2604 - 14 - LRB103 34271 LNS 64097 b
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.
(g) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk
of the circuit court shall send a certified copy of the order
of protection to any specified health care facility or health
care practitioner requested by the petitioner at the mailing
address provided by the petitioner.
(h) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of
protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release

SB2604 - 15 - LRB103 34271 LNS 64097 b
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ
any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(i) Notice to workplace. Upon the request of the
petitioner, the clerk of the circuit court shall send a
certified copy of the order of protection to the petitioner's
current workplace. If the petitioner's workplace changes, the
petitioner may send to the clerk written notice of the change
in workplace, including the name and address of the new
workplace. Within 24 hours of receipt of notice from the
petitioner that the petitioner's workplace has changed, the
clerk shall send a certified copy of the order of protection to
the petitioner's new workplace.
(j) Notification by workplace. After receiving notice of

SB2604 - 16 - LRB103 34271 LNS 64097 b
an order of protection either by the petitioner or the clerk of
the circuit court, the manager of the workplace shall
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.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
(750 ILCS 60/222.10)
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,
special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of a parolee's or releasee's conditions of
parole, aftercare release, or mandatory supervised release
shall 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.

SB2604 - 17 - LRB103 34271 LNS 64097 b
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(b) The short form notification must contain the following
notice in bold print:
"The order 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. You
are subject to arrest and may be charged with a
misdemeanor or felony if you violate any of the terms of
the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order 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 person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under this Act, stalking no contact
orders under the Stalking No Contact Order Act, and civil no
contact orders under the Civil No Contact Order Act.

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(Source: P.A. 97-50, eff. 6-28-11; 97-1017, eff. 1-1-13;
98-558, eff. 1-1-14.)