Sen. Linda Holmes
Filed: 5/17/2019
 
 


 




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1
AMENDMENT TO HOUSE BILL 3396 




2 AMENDMENT NO. ______. Amend House Bill 3396 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Stalking No Contact Order Act is amended by 
5changing 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 
9that a separate summons be issued and served. The summons shall 
10be in the form prescribed by Supreme Court Rule 101(d), except 
11that it shall require the respondent to answer or appear within 
127 days. Attachments to the summons or notice shall include the 
13petition for stalking no contact order and supporting 
14affidavits, if any, and any emergency stalking no contact order 
15that has been issued.
16 (b) The summons shall be served by the sheriff or other law 
 
 
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1enforcement officer at the earliest time and shall take 
2precedence over other summonses except those of a similar 
3emergency nature. Special process servers may be appointed at 
4any time, and their designation shall not affect the 
5responsibilities and authority of the sheriff or other official 
6process servers.
7 (c) Service of process on a member of the respondent's 
8household or by publication shall be adequate if: (1) the 
9petitioner has made all reasonable efforts to accomplish actual 
10service of process personally upon the respondent, but the 
11respondent cannot be found to effect such service; and (2) the 
12petitioner files an affidavit or presents sworn testimony as to 
13those efforts.
14 (d) A plenary stalking no contact order may be entered by 
15default for the remedy sought in the petition, if the 
16respondent has been served or given notice in accordance with 
17subsection (a) and if the respondent then fails to appear as 
18directed or fails to appear on any subsequent appearance or 
19hearing date agreed to by the parties or set by the court. 

20 (e) If an order is granted under subsection (c) of Section 
2195, the court shall immediately file a certified copy of the 
22order with the sheriff or other law enforcement official 
23charged with maintaining Department of State Police records.
24(Source: P.A. 96-246, eff. 1-1-10.)



25 (740 ILCS 21/115)


 
 
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1 Sec. 115. Notice of orders.
2 (a) Upon issuance of any stalking no contact order, the 
3clerk shall immediately, or on the next court day if an 
4emergency order is issued in accordance with subsection (c) of 
5Section 95:
6  (1) enter the order on the record and file it in 
7 accordance with the circuit court procedures; and
8  (2) provide a file stamped copy of the order to the 
9 respondent, if present, and to the petitioner.
10 (b) The clerk of the issuing judge shall, or the petitioner 
11may, on the same day that a stalking no contact order is 
12issued, file a certified copy of that order with the sheriff or 
13other law enforcement officials charged with maintaining 
14Department of State Police records or charged with serving the 
15order upon the respondent. If the order was issued in 
16accordance with subsection (c) of Section 95, the clerk shall, 
17on the next court day, file a certified copy of the order with 
18the sheriff or other law enforcement officials charged with 
19maintaining Department of State Police records. If the 
20respondent, at the time of the issuance of the order, is 
21committed to the custody of the Illinois Department of 
22Corrections or Illinois Department of Juvenile Justice or is on 
23parole, aftercare release, or mandatory supervised release, 
24the sheriff or other law enforcement officials charged with 
25maintaining Department of State Police records shall notify the 
26Department of Corrections or Department of Juvenile Justice 
 
 
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1within 48 hours of receipt of a copy of the stalking no contact 
2order from the clerk of the issuing judge or the petitioner. 
3Such notice shall include the name of the respondent, the 
4respondent's IDOC inmate number or IDJJ youth identification 
5number, the respondent's date of birth, and the LEADS Record 
6Index Number.
7 (c) Unless the respondent was present in court when the 
8order was issued, the sheriff, other law enforcement official, 
9or special process server shall promptly serve that order upon 
10the respondent and file proof of such service in the manner 
11provided for service of process in civil proceedings. Instead 
12of serving the order upon the respondent, however, the sheriff, 
13other law enforcement official, special process server, or 
14other persons defined in Section 117 may serve the respondent 
15with a short form notification as provided in Section 117. If 
16process has not yet been served upon the respondent, it shall 
17be served with the order or short form notification if such 
18service is made by the sheriff, other law enforcement official, 
19or special process server.
20 (d) If the person against whom the stalking no contact 
21order is issued is arrested and the written order is issued in 
22accordance with subsection (c) of Section 95 and received by 
23the custodial law enforcement agency before the respondent or 
24arrestee is released from custody, the custodial law 
25enforcement agent shall promptly serve the order upon the 
26respondent or arrestee before the respondent or arrestee is 
 
 
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1released from custody. In no event shall detention of the 
2respondent or arrestee be extended for hearing on the petition 
3for stalking no contact order or receipt of the order issued 
4under Section 95 of this Act.
5 (e) Any order extending, modifying, or revoking any 
6stalking no contact order shall be promptly recorded, issued, 
7and served as provided in this Section.
8 (f) Upon the request of the petitioner, within 24 hours of 
9the issuance of a stalking no contact order, the clerk of the 
10issuing judge shall send written notice of the order along with 
11a certified copy of the order to any school, daycare, college, 
12or university at which the petitioner is enrolled.

13(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; 
1498-463, eff. 8-16-13; 98-558, eff. 1-1-14.)


15 Section 10. The Civil No Contact Order Act is amended by 
16changing Sections 208 and 218 as follows:




17 (740 ILCS 22/208)



18 Sec. 208. Process. 

19 (a) Any action for a civil no contact order requires that a 
20separate
summons be issued and
served. The summons shall be in 
21the form prescribed by Supreme Court
Rule
101(d), except that 
22it shall require the respondent to answer or appear
within 7 
23days. Attachments to the summons or notice shall include the

24petition for civil no contact order and supporting affidavits, 
 
 
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1if any, and
any emergency civil no contact order that has been 
2issued.

3 (b) The summons shall be served by the sheriff
or other law 
4enforcement officer at the earliest time and shall take

5precedence over other summonses except those of a similar 
6emergency
nature. Special process servers may be appointed at 
7any time, and their
designation shall not affect the 
8responsibilities and authority of the
sheriff or other official 
9process servers.

10 (c) Service of process on a member of the respondent's 
11household or
by publication shall be adequate if: (1) the 
12petitioner
has made all reasonable efforts to accomplish actual 
13service of process
personally upon the respondent, but the 
14respondent cannot be found to effect
such service; and (2) the 
15petitioner files an affidavit or presents sworn
testimony as to 
16those efforts.

17 (d) A plenary civil no contact order may be entered by

18default for the remedy sought in the petition, if the 
19respondent has been
served or given notice in accordance with

20subsection (a) and if the respondent then fails to appear as 
21directed or
fails to appear on any subsequent appearance or 
22hearing date agreed
to by the parties or set by the court.

23 (e) If an order is granted under subsection (c) of Section 
24214, the court shall immediately file a certified copy of the 
25order with the sheriff or other law enforcement official 
26charged with maintaining Department of State Police records.
 
 
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1(Source: P.A. 93-236, eff. 1-1-04.)




2 (740 ILCS 22/218)


3 Sec. 218. Notice of orders. 

4 (a) Upon issuance of any civil no contact order, the clerk 
5shall
immediately, or on the next court day if an emergency 
6order is issued in
accordance with subsection (c) of Section 
7214:


8  (1) enter the order on the record and file it in 
9 accordance with the
circuit court procedures; and


10  (2) provide a file stamped copy of the order to the 
11 respondent, if
present, and to the petitioner.

12 (b) The clerk of the issuing judge shall, or the petitioner 
13may, on the
same day that a civil no contact order is issued, 
14file a certified copy of that
order with the sheriff or other 
15law enforcement officials charged with
maintaining Department 
16of State Police records or charged with serving the
order upon 
17the respondent. If the order was issued in accordance with

18subsection (c) of Section 214, the clerk shall, on the next 
19court day, file a
certified copy of the order with the Sheriff 
20or other law enforcement officials
charged with maintaining 
21Department of State Police records. If the respondent, at the 
22time of the issuance of the order, is committed to the custody 
23of the Illinois Department of Corrections or Illinois 
24Department of Juvenile Justice, or is on parole, aftercare 
25release, or mandatory supervised release, the sheriff or other 
 
 
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1law enforcement officials charged with maintaining Department 
2of State Police records shall notify the Department of 
3Corrections or Department of Juvenile Justice within 48 hours 
4of receipt of a copy of the civil no contact order from the 
5clerk of the issuing judge or the petitioner. Such notice shall 
6include the name of the respondent, the respondent's IDOC 
7inmate number or IDJJ youth identification number, the 
8respondent's date of birth, and the LEADS Record Index Number.

9 (c) Unless the respondent was present in court when the 
10order was
issued, the sheriff, other law enforcement official, 
11or special process server
shall promptly serve that order upon 
12the respondent and file proof of such
service in the manner 
13provided for service of process in civil proceedings. Instead 
14of serving the order upon the respondent, however, the sheriff, 
15other law enforcement official, special process server, or 
16other persons defined in Section 218.1 may serve the respondent 
17with a short form notification as provided in Section 218.1. If

18process has not yet been served upon the respondent, it shall 
19be served with
the order or short form notification if such 
20service is made by the sheriff, other law enforcement official, 
21or special process server.

22 (d) If the person against whom the civil no contact order 
23is issued is
arrested and the written order is issued in 
24accordance with subsection (c) of
Section 214 and received by 
25the custodial law enforcement agency before
the respondent or 
26arrestee is released from custody, the custodial law

 
 
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1enforcement agent shall promptly serve the order upon the 
2respondent or
arrestee before the respondent or arrestee is 
3released from custody. In no
event shall detention of the 
4respondent or arrestee be extended for hearing
on the petition 
5for civil no contact order or receipt of the order issued under

6Section 214 of this Act.

7 (e) Any order extending, modifying, or revoking any civil 
8no contact
order shall be promptly recorded, issued, and served 
9as provided in this
Section.

10 (f) Upon the request of the
petitioner, within 24 hours of 
11the issuance of a civil no contact order, the
clerk of the 
12issuing judge shall
send written notice of the order along with

13a certified copy of the order to any school, college, or 
14university at which
the
petitioner is enrolled.

15(Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; 
1698-463, eff. 8-16-13; 98-558, eff. 1-1-14.)


17 Section 15. The Illinois Domestic Violence Act of 1986 is 
18amended by changing Sections 210 and 222 as follows:



19 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)



20 Sec. 210. Process. 

21 (a) Summons. Any action for an order
of protection, whether 
22commenced alone or in conjunction with another
proceeding, is a 
23distinct cause of action and requires that a separate
summons 
24be issued and served, except that in pending cases the 
 
 
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1following
methods may be used:

2  (1) By delivery of the summons to respondent personally 
3 in open
court in pending civil or criminal cases.

4  (2) By notice in accordance with Section 210.1 in civil 
5 cases in which
the defendant has filed a general 
6 appearance.

7 The summons shall be in the form prescribed
by Supreme 
8Court Rule 101(d), except that it shall require respondent to

9answer or appear within 7 days.
Attachments to the summons or 
10notice shall include the petition for order
of protection and 
11supporting affidavits, if any, and any emergency order of

12protection that has been issued. The enforcement of an order of 
13protection
under Section 223 shall not be affected by the lack 
14of service, delivery,
or notice, provided the requirements of 
15subsection (d) of that Section are
otherwise met.

16 (b) Blank.

17 (c) Expedited service. The summons shall be served by the 
18sheriff or
other law enforcement officer at the earliest time 
19and shall take
precedence over other summonses except those of 
20a similar emergency nature.
Special process servers may be 
21appointed at any time, and their
designation shall not affect 
22the responsibilities and authority of the
sheriff or other 
23official process servers. In counties with a population over 
243,000,000, a special process server may not be appointed if the 
25order of protection grants the surrender of a child, the 
26surrender of a firearm or firearm owners identification card, 
 
 
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1or the exclusive possession of a shared residence.

2 (d) Remedies requiring actual notice. The counseling, 
3payment of
support, payment of shelter services,
and payment of 
4losses remedies provided by paragraphs 4,
12, 13, and 16 of 
5subsection (b) of Section 214 may be granted only if
respondent 
6has
been personally served with process, has answered or has 
7made a general
appearance.

8 (e) Remedies upon constructive notice. Service of process 
9on a member
of respondent's household or by publication shall 
10be adequate for the
remedies provided by paragraphs 1, 2, 3, 5, 
116, 7, 8, 9, 10,
11, 14, 15, and 17 of subsection
(b) of Section 
12214, but only if: (i) petitioner has made all reasonable

13efforts to accomplish actual service of process personally upon 
14respondent,
but respondent cannot be found to effect such 
15service and (ii) petitioner
files an affidavit or presents 
16sworn testimony
as to those efforts.

17 (f) Default. A plenary order of protection may be entered 
18by default as follows:

19  (1) For any of the remedies sought in the petition, if 
20 respondent
has been served or given notice in accordance 
21 with subsection (a) and if
respondent then fails to appear 
22 as directed or fails to appear on any subsequent
appearance 
23 or hearing date agreed to by the parties or set by the 
24 court; or

25  (2) For any of the remedies provided in accordance with 
26 subsection
(e), if respondent fails to answer or appear in 
 
 
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1 accordance with the
date set in the publication notice or 
2 the return date indicated on the
service of a household 
3 member.

4 (g) Emergency orders. If an order is granted under 
5subsection (c) of Section 217, the court shall immediately file 
6a certified copy of the order with the sheriff or other law 
7enforcement official charged with maintaining Department of 
8State Police records.
9(Source: P.A. 99-240, eff. 1-1-16.)





10 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)


11 Sec. 222. Notice of orders. 

12 (a) Entry and issuance. Upon issuance of any order of 
13protection, the
clerk shall immediately, or on the next court 
14day if an emergency order is
issued in accordance with 
15subsection (c) of Section 217,
(i) enter the order on the 
16record and file it
in accordance with the circuit court 
17procedures and (ii) provide a file stamped
copy of the order to 
18respondent, if
present, and to petitioner.

19 (b) Filing with sheriff. The clerk of the issuing judge 
20shall, or
the petitioner may, on the same day that an order of 
21protection is
issued, file a certified copy of that order with 
22the sheriff or other law
enforcement officials charged with 
23maintaining Department of State Police
records or charged with 
24serving the order upon respondent.
If the order was issued in 
25accordance with subsection (c) of Section 217,
the clerk
shall 
 
 
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1on the next court day, file a certified copy of the order with 
2the
Sheriff or other law enforcement officials charged with 
3maintaining Department
of State Police records. If the 
4respondent, at the time of the issuance of the order, is 
5committed to the custody of the Illinois Department of 
6Corrections or Illinois Department of Juvenile Justice or is on 
7parole, aftercare release, or mandatory supervised release, 
8the sheriff or other law enforcement officials charged with 
9maintaining Department of State Police records shall notify the 
10Department of Corrections or Department of Juvenile Justice 
11within 48 hours of receipt of a copy of the order of protection 
12from the clerk of the issuing judge or the petitioner. Such 
13notice shall include the name of the respondent, the 
14respondent's IDOC inmate number or IDJJ youth identification 
15number, the respondent's date of birth, and the LEADS Record 
16Index Number.

17 (c) Service by sheriff. Unless respondent was present in 
18court when the
order was issued, the sheriff, other law 
19enforcement official or special
process server shall
promptly 
20serve that order upon respondent and file proof of such 
21service,
in the manner provided for service of process in civil 
22proceedings.
Instead of serving the order upon the respondent, 
23however, the sheriff, other
law enforcement official, special 
24process server, or other persons defined in Section 222.10 may 
25serve the respondent
with a short form notification as provided 
26in Section 222.10.
If
process has not yet been served upon the 
 
 
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1respondent, it shall be served
with the order or short form 
2notification if such service is made by the sheriff, other law 
3enforcement official, or special process server. A single fee 
4may be charged for
service of an order
obtained in civil court, 
5or for service of such an order together with
process, unless 
6waived or deferred under Section 210.

7 (c-5) If the person against whom the order of protection is 
8issued is
arrested and the written order is issued in 
9accordance with subsection (c) of
Section 217
and received by 
10the custodial law enforcement agency before the respondent or

11arrestee is released from custody, the custodial law 
12enforcement agent shall
promptly serve the order upon the 
13respondent or arrestee before the
respondent or arrestee is 
14released from custody. In no event shall detention
of the 
15respondent or arrestee be extended for hearing on the petition 
16for order
of protection or receipt of the order issued under 
17Section 217 of this Act.

18 (d) Extensions, modifications and revocations. Any order 
19extending,
modifying or revoking any order of protection shall 
20be promptly recorded,
issued and served as provided in this 
21Section.

22 (e) Notice to schools. Upon the request of the petitioner, 
23within 24
hours of the issuance of an order of
protection, the 
24clerk of the issuing judge shall
send a certified copy of
the 
25order of protection to the day-care facility,
pre-school or 
26pre-kindergarten, or private school or the principal
office of 
 
 
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1the public school district or any college or university in 
2which any child who
is a protected person under the order of 
3protection or any child
of
the
petitioner is enrolled as 
4requested by the petitioner at the mailing address provided by 
5the petitioner.
If the child transfers enrollment to another 
6day-care facility, pre-school,
pre-kindergarten,
private 
7school, public school, college, or university, the petitioner 
8may,
within 24 hours
of the transfer, send to the clerk written 
9notice of the transfer, including
the name and
address of the 
10institution to which the child is transferring.
Within 24 hours 
11of receipt of notice
from the petitioner that a child is 
12transferring to another day-care facility,
pre-school, 
13pre-kindergarten, private school, public school, college, or

14university, the clerk shall send a certified copy of the order 
15to the institution to which the child
is
transferring.

16 (f) Disclosure by schools. After receiving a certified copy 
17of an order
of protection that prohibits a respondent's access 
18to records, neither a
day-care facility, pre-school, 
19pre-kindergarten, public
or private school, college, or 
20university nor its employees shall allow a
respondent access to 
21a
protected child's records or release information in those 
22records to the
respondent. The school shall file
the copy of 
23the order of protection in the records of a child who
is a 
24protected person under the order of protection. When a child 
25who is a
protected person under the order of protection 
26transfers to another day-care
facility, pre-school, 
 
 
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1pre-kindergarten, public or private school, college, or

2university, the institution from which the child is 
3transferring may, at the
request of the petitioner, provide,

4within 24 hours of the transfer, written notice of the order of 
5protection,
along with a certified copy of the order, to the 
6institution to which the child
is
transferring.

7 (g) Notice to health care facilities and health care 
8practitioners. Upon the request of the petitioner, the clerk of 
9the circuit court shall send a certified copy of the order of 
10protection to any specified health care facility or health care 
11practitioner requested by the petitioner at the mailing address 
12provided by the petitioner. 
13 (h) Disclosure by health care facilities and health care 
14practitioners. After receiving a certified copy of an order of 
15protection that prohibits a respondent's access to records, no 
16health care facility or health care practitioner shall allow a 
17respondent access to the records of any child who is a 
18protected person under the order of protection, or release 
19information in those records to the respondent, unless the 
20order has expired or the respondent shows a certified copy of 
21the court order vacating the corresponding order of protection 
22that was sent to the health care facility or practitioner. 
23Nothing in this Section shall be construed to require health 
24care facilities or health care practitioners to alter 
25procedures related to billing and payment. The health care 
26facility or health care practitioner may file the copy of the 
 
 
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1order of protection in the records of a child who is a 
2protected person under the order of protection, or may employ 
3any other method to identify the records to which a respondent 
4is prohibited access. No health care facility or health care 
5practitioner shall be civilly or professionally liable for 
6reliance on a copy of an order of protection, except for 
7willful and wanton misconduct. 
8(Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, 
9eff. 1-1-14.)".