Bill Amendment: IL SB0899 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2021-01-13 - Session Sine Die [SB0899 Detail]
Download: Illinois-2019-SB0899-Senate_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2021-01-13 - Session Sine Die [SB0899 Detail]
Download: Illinois-2019-SB0899-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 899
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2 | AMENDMENT NO. ______. Amend Senate Bill 899 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 2605-375 as follows:
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7 | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
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8 | Sec. 2605-375. Missing persons; Law Enforcement Agencies | ||||||
9 | Data System
(LEADS).
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10 | (a) To establish and maintain a statewide Law Enforcement
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11 | Agencies Data System (LEADS) for the purpose of providing | ||||||
12 | electronic access
by authorized entities to criminal justice | ||||||
13 | data repositories and effecting an
immediate law enforcement | ||||||
14 | response to reports of missing persons, including
lost, missing | ||||||
15 | or runaway minors, lost or missing individuals with | ||||||
16 | developmental or intellectual disabilities, and missing |
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1 | endangered seniors. The Department shall implement an | ||||||
2 | automatic
data exchange system to compile, to maintain, and to | ||||||
3 | make available to
other law
enforcement agencies for immediate | ||||||
4 | dissemination data that can
assist
appropriate agencies in | ||||||
5 | recovering missing persons and provide access by
authorized | ||||||
6 | entities to various data repositories available through LEADS | ||||||
7 | for
criminal justice and related purposes. To assist the | ||||||
8 | Department in
this effort, funds may be appropriated from the | ||||||
9 | LEADS Maintenance Fund. Funds may be appropriated from the | ||||||
10 | LEADS Maintenance Fund to the Department to finance any of its | ||||||
11 | lawful purposes or functions in relation to defraying the | ||||||
12 | expenses associated with establishing, maintaining, and | ||||||
13 | supporting the issuance of electronic citations. Information | ||||||
14 | required to be entered into the statewide Law Enforcement
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15 | Agencies Data System (LEADS) shall be electronically entered | ||||||
16 | into the System upon receipt. Arrest information shall be | ||||||
17 | electronically transmitted by the arresting agency to the | ||||||
18 | Department immediately upon a person's arrest. Charge and | ||||||
19 | dispositional information shall be electronically transmitted | ||||||
20 | by the clerk of the court to the Department which shall | ||||||
21 | immediately enter that information into the System upon | ||||||
22 | receipt.
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23 | (b) In exercising its duties under this Section, the
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24 | Department shall provide a uniform reporting format (LEADS) for | ||||||
25 | the entry of pertinent
information regarding the report of a | ||||||
26 | missing person into LEADS. The report must include all of the |
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1 | following:
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2 | (1) Relevant information obtained from the | ||||||
3 | notification concerning the missing person, including all | ||||||
4 | of the following: | ||||||
5 | (A) a physical description of the missing person; | ||||||
6 | (B) the date, time, and place that the missing | ||||||
7 | person was last seen; and | ||||||
8 | (C) the missing person's address. | ||||||
9 | (2) Information gathered by a preliminary | ||||||
10 | investigation, if one was made. | ||||||
11 | (3) A statement by the law enforcement officer in | ||||||
12 | charge stating the officer's assessment of the case based | ||||||
13 | on the evidence and information received. | ||||||
14 | (b-5) The Department of State Police shall: | ||||||
15 | (1) Develop and implement a policy whereby a statewide | ||||||
16 | or regional alert
would be used in situations relating to | ||||||
17 | the disappearances of individuals,
based on criteria and in | ||||||
18 | a format established by the Department. Such a
format shall | ||||||
19 | include, but not be limited to, the age of the missing | ||||||
20 | person
and the suspected circumstance of the | ||||||
21 | disappearance.
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22 | (2) Notify all law enforcement agencies that reports of | ||||||
23 | missing persons
shall be entered as soon as the minimum | ||||||
24 | level of data specified by the
Department is available to | ||||||
25 | the reporting agency and that no waiting period
for the | ||||||
26 | entry of the data exists.
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1 | (3) Compile and retain information regarding lost, | ||||||
2 | abducted, missing,
or
runaway minors in a separate data | ||||||
3 | file, in a manner that allows that
information to be used | ||||||
4 | by law enforcement and other agencies deemed
appropriate by | ||||||
5 | the Director, for investigative purposes. The
information
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6 | shall include the disposition of all reported lost, | ||||||
7 | abducted, missing, or
runaway minor cases.
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8 | (4) Compile and maintain an historic data repository | ||||||
9 | relating to lost,
abducted, missing, or runaway minors and | ||||||
10 | other missing persons, including, but not limited to, lost | ||||||
11 | or missing individuals with developmental or intellectual | ||||||
12 | disabilities and missing endangered seniors, in order to
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13 | develop and improve techniques utilized by law enforcement | ||||||
14 | agencies when
responding to reports of missing persons.
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15 | (5) Create a quality control program regarding | ||||||
16 | confirmation of missing
person data, timeliness of entries | ||||||
17 | of missing person reports into LEADS,
and
performance | ||||||
18 | audits of all entering agencies.
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19 | (c) The Illinois Law Enforcement Training Standards Board | ||||||
20 | shall conduct a training program for law enforcement personnel | ||||||
21 | of local governmental agencies in the Missing Persons | ||||||
22 | Identification Act.
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23 | (d) The Department of State Police shall perform the duties | ||||||
24 | prescribed in the Missing Persons Identification Act, subject | ||||||
25 | to appropriation.
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26 | (Source: P.A. 100-662, eff. 1-1-19 .)
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1 | Section 10. The Firearms Restraining Order Act is amended | ||||||
2 | by changing Sections 50 and 55 as follows:
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3 | (430 ILCS 67/50)
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4 | Sec. 50. Notice of orders.
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5 | (a) Entry and issuance. Upon issuance of any firearms | ||||||
6 | restraining order, the clerk shall immediately : , or on the next | ||||||
7 | court day if an emergency firearms restraining order is issued | ||||||
8 | in accordance with Section 35 of this Act (emergency firearms | ||||||
9 | restraining order), (i) enter the order on the record and file | ||||||
10 | it in accordance with the circuit court procedures and (ii) | ||||||
11 | provide a file stamped copy of the order to the respondent, if | ||||||
12 | present, and to the petitioner.
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13 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
14 | shall, or the petitioner may, immediately electronically | ||||||
15 | transmit, when on the same day that a firearms restraining | ||||||
16 | order is issued, file a certified copy of that order with the | ||||||
17 | sheriff or other law enforcement officials charged with | ||||||
18 | maintaining Department of State Police records or charged with | ||||||
19 | serving the order upon the respondent. If the order was issued | ||||||
20 | in accordance with Section 35 of this Act (emergency firearms | ||||||
21 | restraining order), the clerk shall immediately electronically | ||||||
22 | transmit on the next court day, file a certified copy of the | ||||||
23 | order to with the sheriff or other law enforcement officials | ||||||
24 | charged with maintaining Department of State Police records , |
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1 | which shall immediately enter the order into the Law | ||||||
2 | Enforcement
Agencies Data System .
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3 | (c) Service by sheriff. Unless the respondent was present | ||||||
4 | in court when the order was issued, the sheriff or other law | ||||||
5 | enforcement official shall promptly serve that order upon the | ||||||
6 | respondent and file proof of the service, in the manner | ||||||
7 | provided for service of process in civil proceedings. Instead | ||||||
8 | of serving the order upon the respondent, however, the sheriff, | ||||||
9 | other law enforcement official, or other persons defined in | ||||||
10 | Section 112A-22.10 of the Code of Criminal Procedure Criminal | ||||||
11 | Code of 1963 may serve the respondent with a short form | ||||||
12 | notification as provided in that Section. If process has not | ||||||
13 | yet been served upon the respondent, it shall be served with | ||||||
14 | the order or short form notification if the service is made by | ||||||
15 | the sheriff, or other law enforcement official. | ||||||
16 | (d) Any order renewing or terminating any firearms | ||||||
17 | restraining order shall be promptly recorded, issued, and | ||||||
18 | served as provided in this Section.
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19 | (Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
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20 | (430 ILCS 67/55)
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21 | Sec. 55. Data maintenance by law enforcement agencies.
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22 | (a) All sheriffs shall furnish to the Department of State | ||||||
23 | Police, daily, in the form and detail the Department requires, | ||||||
24 | copies of any recorded firearms restraining orders order issued | ||||||
25 | by the court, and any foreign orders of protection filed by the |
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1 | clerk of the court, and transmitted to the sheriff by the clerk | ||||||
2 | of the court under Section 50. Each firearms restraining order | ||||||
3 | shall be immediately entered in the Law Enforcement Agencies | ||||||
4 | Data System (LEADS) electronically when on the same day it is | ||||||
5 | issued by the court. If an emergency firearms restraining order | ||||||
6 | was issued in accordance with Section 35 of this Act, the order | ||||||
7 | shall be immediately entered in the Law Enforcement Agencies | ||||||
8 | Data System (LEADS) as soon as possible after receipt from the | ||||||
9 | clerk. | ||||||
10 | (b) The Department of State Police shall maintain a | ||||||
11 | complete and systematic record and index of all valid and | ||||||
12 | recorded firearms restraining orders issued or filed under this | ||||||
13 | Act. The data shall be used to inform all dispatchers and law | ||||||
14 | enforcement officers at the scene of a violation of a firearms | ||||||
15 | restraining order of the effective dates and terms of any | ||||||
16 | recorded order of protection.
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17 | (c) The data, records , and transmittals required under this | ||||||
18 | Section shall pertain to any valid emergency or 6-month | ||||||
19 | firearms restraining order, whether issued in a civil or | ||||||
20 | criminal proceeding or authorized under the laws of another | ||||||
21 | state, tribe, or United States territory.
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22 | (Source: P.A. 100-607, eff. 1-1-19; revised 10-2-18.)
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23 | Section 15. The Code of Criminal Procedure of 1963 is | ||||||
24 | amended by changing Section 112A-28 as follows:
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1 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
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2 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
3 | agencies.
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4 | (a) All sheriffs shall furnish to the Department of State | ||||||
5 | Police, daily, in
the form and detail the Department requires, | ||||||
6 | copies of any recorded protective orders issued by the court, | ||||||
7 | and any foreign protective orders filed by
the clerk of the | ||||||
8 | court, and transmitted to the sheriff by the clerk of the
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9 | court. Each protective order shall be immediately entered in | ||||||
10 | the Law Enforcement Agencies
Data System electronically when on | ||||||
11 | the same day it is issued by the court.
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12 | (b) The Department of State Police shall maintain a | ||||||
13 | complete and systematic
record and index of all valid and | ||||||
14 | recorded protective orders issued or
filed under this Act. The | ||||||
15 | data shall be used to inform all dispatchers
and law | ||||||
16 | enforcement officers at the scene of an alleged incident of | ||||||
17 | abuse or
violation of a protective order of any recorded prior | ||||||
18 | incident of abuse
involving the abused party and the effective | ||||||
19 | dates and terms of any recorded
protective order.
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20 | (c) The data, records and transmittals required under this | ||||||
21 | Section shall
pertain to: | ||||||
22 | (1) any valid emergency, interim or plenary domestic | ||||||
23 | violence order of protection, civil no contact or stalking | ||||||
24 | no contact order
issued in a civil proceeding; and | ||||||
25 | (2) any valid ex parte or final protective order issued | ||||||
26 | in a criminal proceeding or authorized under the laws
of |
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1 | another state, tribe, or United States territory.
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2 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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3 | Section 20. The Stalking No Contact Order Act is amended by | ||||||
4 | changing Sections 95 and 115 as follows:
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5 | (740 ILCS 21/95)
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6 | Sec. 95. Emergency stalking no contact order. | ||||||
7 | (a) An emergency stalking no contact order shall issue if | ||||||
8 | the petitioner satisfies the requirements of this subsection | ||||||
9 | (a). The petitioner shall establish that: | ||||||
10 | (1) the court has jurisdiction under Section 50; | ||||||
11 | (2) the requirements of Section 80 are satisfied; and | ||||||
12 | (3) there is good cause to grant the remedy, regardless | ||||||
13 | of prior service of process or of notice upon the | ||||||
14 | respondent, because the harm which that remedy is intended | ||||||
15 | to prevent would be likely to occur if the respondent were | ||||||
16 | given any prior notice, or greater notice than was actually | ||||||
17 | given, of the petitioner's efforts to obtain judicial | ||||||
18 | relief. | ||||||
19 | An emergency stalking no contact order shall be issued by | ||||||
20 | the court if it appears from the contents of the petition and | ||||||
21 | the examination of the petitioner that the averments are | ||||||
22 | sufficient to indicate stalking by the respondent and to | ||||||
23 | support the granting of relief under the issuance of the | ||||||
24 | stalking no contact order. |
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1 | An emergency stalking no contact order shall be issued if | ||||||
2 | the court finds that items (1), (2), and (3) of this subsection | ||||||
3 | (a) are met. | ||||||
4 | (b) If the respondent appears in court for this hearing for | ||||||
5 | an emergency order, he or she may elect to file a general | ||||||
6 | appearance and testify. Any resulting order may be an emergency | ||||||
7 | order, governed by this Section. Notwithstanding the | ||||||
8 | requirements of this Section, if all requirements of Section | ||||||
9 | 100 have been met, the court may issue a plenary order. | ||||||
10 | (c) Emergency orders; court holidays and evenings. | ||||||
11 | (1) When the court is unavailable at the close of | ||||||
12 | business, the petitioner may file a petition for a 21-day | ||||||
13 | emergency order before any available circuit judge or | ||||||
14 | associate judge who may grant relief under this Act. If the | ||||||
15 | judge finds that there is an immediate and present danger | ||||||
16 | of abuse against the petitioner and that the petitioner has | ||||||
17 | satisfied the prerequisites set forth in subsection (a), | ||||||
18 | that judge may issue an emergency stalking no contact | ||||||
19 | order. | ||||||
20 | (2) The chief judge of the circuit court may designate | ||||||
21 | for each county in the circuit at least one judge to be | ||||||
22 | reasonably available to issue orally, by telephone, by | ||||||
23 | facsimile, or otherwise, an emergency stalking no contact | ||||||
24 | order at all times, whether or not the court is in session. | ||||||
25 | (3) Any order issued under this Section and any | ||||||
26 | documentation in support of the order shall be certified |
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1 | immediately on the next court day to the appropriate court. | ||||||
2 | The clerk of that court shall immediately assign a case | ||||||
3 | number, file the petition, order, and other documents with | ||||||
4 | the court, and enter the order of record and file it with | ||||||
5 | the sheriff for service, in accordance with Section 60. | ||||||
6 | Filing the petition shall commence proceedings for further | ||||||
7 | relief under Section 20. Failure to comply with the | ||||||
8 | requirements of this paragraph (3) does not affect the | ||||||
9 | validity of the order.
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10 | (Source: P.A. 96-246, eff. 1-1-10.)
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11 | (740 ILCS 21/115)
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12 | Sec. 115. Notice of orders. | ||||||
13 | (a) Upon issuance of any stalking no contact order, the | ||||||
14 | clerk shall immediately , or on the next court day if an | ||||||
15 | emergency order is issued in accordance with subsection (c) of | ||||||
16 | Section 95 : | ||||||
17 | (1) enter the order on the record and file it in | ||||||
18 | accordance with the circuit court procedures; and | ||||||
19 | (2) provide a file stamped copy of the order to the | ||||||
20 | respondent, if present, and to the petitioner. | ||||||
21 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
22 | may, immediately, when on the same day that a stalking no | ||||||
23 | contact order is issued, electronically transmit file a | ||||||
24 | certified copy of that order to with the sheriff or other law | ||||||
25 | enforcement officials charged with maintaining Department of |
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1 | State Police records or charged with serving the order upon the | ||||||
2 | respondent , which shall immediately enter the order into the | ||||||
3 | Law Enforcement
Agencies Data System . If the order was issued | ||||||
4 | in accordance with subsection (c) of Section 95, the clerk | ||||||
5 | shall, on the next court day, file a certified copy of the | ||||||
6 | order with the sheriff or other law enforcement officials | ||||||
7 | charged with maintaining Department of State Police records. If | ||||||
8 | the respondent, at the time of the issuance of the order, is | ||||||
9 | committed to the custody of the Illinois Department of | ||||||
10 | Corrections or Illinois Department of Juvenile Justice or is on | ||||||
11 | parole, aftercare release, or mandatory supervised release, | ||||||
12 | the sheriff or other law enforcement officials charged with | ||||||
13 | maintaining Department of State Police records shall notify the | ||||||
14 | Department of Corrections or Department of Juvenile Justice | ||||||
15 | within 48 hours of receipt of a copy of the stalking no contact | ||||||
16 | order from the clerk of the issuing judge or the petitioner. | ||||||
17 | Such notice shall include the name of the respondent, the | ||||||
18 | respondent's IDOC inmate number or IDJJ youth identification | ||||||
19 | number, the respondent's date of birth, and the LEADS Record | ||||||
20 | Index Number. | ||||||
21 | (c) Unless the respondent was present in court when the | ||||||
22 | order was issued, the sheriff, other law enforcement official, | ||||||
23 | or special process server shall promptly serve that order upon | ||||||
24 | the respondent and file proof of such service in the manner | ||||||
25 | provided for service of process in civil proceedings. Instead | ||||||
26 | of serving the order upon the respondent, however, the sheriff, |
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1 | other law enforcement official, special process server, or | ||||||
2 | other persons defined in Section 117 may serve the respondent | ||||||
3 | with a short form notification as provided in Section 117. If | ||||||
4 | process has not yet been served upon the respondent, it shall | ||||||
5 | be served with the order or short form notification if such | ||||||
6 | service is made by the sheriff, other law enforcement official, | ||||||
7 | or special process server. | ||||||
8 | (d) If the person against whom the stalking no contact | ||||||
9 | order is issued is arrested and the written order is issued in | ||||||
10 | accordance with subsection (c) of Section 95 and received by | ||||||
11 | the custodial law enforcement agency before the respondent or | ||||||
12 | arrestee is released from custody, the custodial law | ||||||
13 | enforcement agent shall promptly serve the order upon the | ||||||
14 | respondent or arrestee before the respondent or arrestee is | ||||||
15 | released from custody. In no event shall detention of the | ||||||
16 | respondent or arrestee be extended for hearing on the petition | ||||||
17 | for stalking no contact order or receipt of the order issued | ||||||
18 | under Section 95 of this Act. | ||||||
19 | (e) Any order extending, modifying, or revoking any | ||||||
20 | stalking no contact order shall be promptly recorded, issued, | ||||||
21 | and served as provided in this Section. | ||||||
22 | (f) Upon the request of the petitioner, within 24 hours of | ||||||
23 | the issuance of a stalking no contact order, the clerk of the | ||||||
24 | issuing judge shall send written notice of the order along with | ||||||
25 | a certified copy of the order to any school, daycare, college, | ||||||
26 | or university at which the petitioner is enrolled.
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1 | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | ||||||
2 | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
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3 | Section 25. The Civil No Contact Order Act is amended by | ||||||
4 | changing Sections 214 and 218 as follows:
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5 | (740 ILCS 22/214)
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6 | Sec. 214. Emergency civil no contact order.
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7 | (a) An emergency civil no contact order shall issue if
the | ||||||
8 | petitioner satisfies the requirements of this subsection (a). | ||||||
9 | The
petitioner
shall establish that:
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10 | (1) the court has jurisdiction under Section 206;
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11 | (2) the requirements of Section 213 are satisfied; and
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12 | (3) there is good cause to grant the remedy, regardless | ||||||
13 | of
prior service of process or of notice upon the | ||||||
14 | respondent, because
the harm which that remedy is intended | ||||||
15 | to
prevent would be likely to occur if the respondent were | ||||||
16 | given
any prior notice, or greater notice than was actually | ||||||
17 | given, of
the petitioner's efforts to obtain judicial | ||||||
18 | relief.
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19 | An emergency civil no contact order shall be issued by the | ||||||
20 | court if it appears from the contents of the petition and the | ||||||
21 | examination of the petitioner that the averments are sufficient | ||||||
22 | to indicate nonconsensual sexual conduct or nonconsensual | ||||||
23 | sexual penetration by the respondent and to support the | ||||||
24 | granting of relief under the issuance of the civil no contact |
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1 | order.
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2 | An emergency civil no contact order shall be issued if the | ||||||
3 | court finds that subsections (1), (2), and (3) above are met.
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4 | (b) If the respondent appears in court for
this hearing for | ||||||
5 | an emergency order, he or she may elect to file a
general | ||||||
6 | appearance and testify. Any resulting order may be an emergency
| ||||||
7 | order, governed by this Section. Notwithstanding the | ||||||
8 | requirements of
this Section, if all requirements of Section | ||||||
9 | 215 have been met, the
court may issue a plenary order.
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10 | (c) Emergency orders; court holidays and evenings.
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11 | (1) When the court is unavailable at the close
of | ||||||
12 | business, the petitioner may file a petition for a 21-day
| ||||||
13 | emergency order before any available circuit judge or | ||||||
14 | associate
judge who may grant relief under this Act. If the | ||||||
15 | judge finds that
there is an immediate and present danger | ||||||
16 | of
abuse against the petitioner and
that the petitioner has | ||||||
17 | satisfied the prerequisites set forth in
subsection (a), | ||||||
18 | that judge may issue an emergency
civil no contact order.
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19 | (2) The chief judge of the circuit court
may designate | ||||||
20 | for each county in the circuit at least one judge to
be | ||||||
21 | reasonably available to issue orally, by telephone, by | ||||||
22 | facsimile,
or otherwise, an emergency civil no contact | ||||||
23 | order at all times, whether
or not the court is in session.
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24 | (3) Any order issued under this
Section and any | ||||||
25 | documentation in support of the order shall be certified | ||||||
26 | immediately
on the next court day to the appropriate court. |
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1 | The clerk of that
court shall immediately assign a case | ||||||
2 | number, file the petition,
order, and other documents with | ||||||
3 | the court, and enter the order of
record and file it with | ||||||
4 | the sheriff for service, in accordance with
Section 222. | ||||||
5 | Filing the petition shall commence proceedings for
further | ||||||
6 | relief under Section 202. Failure to comply with the
| ||||||
7 | requirements of this paragraph (3) does not affect the | ||||||
8 | validity of the
order.
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9 | (Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05; 94-360, | ||||||
10 | eff. 1-1-06.)
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11 | (740 ILCS 22/218)
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12 | Sec. 218. Notice of orders.
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13 | (a) Upon issuance of any civil no contact order, the clerk | ||||||
14 | shall
immediately , or on the next court day if an emergency | ||||||
15 | order is issued in
accordance with subsection (c) of Section | ||||||
16 | 214 :
| ||||||
17 | (1) enter the order on the record and file it in | ||||||
18 | accordance with the
circuit court procedures; and
| ||||||
19 | (2) provide a file stamped copy of the order to the | ||||||
20 | respondent, if
present, and to the petitioner.
| ||||||
21 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
22 | may, immediately, when on the
same day that a civil no contact | ||||||
23 | order is issued, electronically transmit file a certified copy | ||||||
24 | of that
order to with the sheriff or other law enforcement | ||||||
25 | officials charged with
maintaining Department of State Police |
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| |||||||
1 | records or charged with serving the
order upon the respondent , | ||||||
2 | which shall immediately enter the order into the Law | ||||||
3 | Enforcement
Agencies Data System . If the order was issued in | ||||||
4 | accordance with
subsection (c) of Section 214, the clerk shall, | ||||||
5 | on the next court day, file a
certified copy of the order with | ||||||
6 | the Sheriff or other law enforcement officials
charged with | ||||||
7 | maintaining Department of State Police records. If the | ||||||
8 | respondent, at the time of the issuance of the order, is | ||||||
9 | committed to the custody of the Illinois Department of | ||||||
10 | Corrections or Illinois Department of Juvenile Justice, or is | ||||||
11 | on parole, aftercare release, or mandatory supervised release, | ||||||
12 | the sheriff or other law enforcement officials charged with | ||||||
13 | maintaining Department of State Police records shall notify the | ||||||
14 | Department of Corrections or Department of Juvenile Justice | ||||||
15 | within 48 hours of receipt of a copy of the civil no contact | ||||||
16 | order from the clerk of the issuing judge or the petitioner. | ||||||
17 | Such notice shall include the name of the respondent, the | ||||||
18 | respondent's IDOC inmate number or IDJJ youth identification | ||||||
19 | number, the respondent's date of birth, and the LEADS Record | ||||||
20 | Index Number.
| ||||||
21 | (c) Unless the respondent was present in court when the | ||||||
22 | order was
issued, the sheriff, other law enforcement official, | ||||||
23 | or special process server
shall promptly serve that order upon | ||||||
24 | the respondent and file proof of such
service in the manner | ||||||
25 | provided for service of process in civil proceedings. Instead | ||||||
26 | of serving the order upon the respondent, however, the sheriff, |
| |||||||
| |||||||
1 | other law enforcement official, special process server, or | ||||||
2 | other persons defined in Section 218.1 may serve the respondent | ||||||
3 | with a short form notification as provided in Section 218.1. If
| ||||||
4 | process has not yet been served upon the respondent, it shall | ||||||
5 | be served with
the order or short form notification if such | ||||||
6 | service is made by the sheriff, other law enforcement official, | ||||||
7 | or special process server.
| ||||||
8 | (d) If the person against whom the civil no contact order | ||||||
9 | is issued is
arrested and the written order is issued in | ||||||
10 | accordance with subsection (c) of
Section 214 and received by | ||||||
11 | the custodial law enforcement agency before
the respondent or | ||||||
12 | arrestee is released from custody, the custodial law
| ||||||
13 | enforcement agent shall promptly serve the order upon the | ||||||
14 | respondent or
arrestee before the respondent or arrestee is | ||||||
15 | released from custody. In no
event shall detention of the | ||||||
16 | respondent or arrestee be extended for hearing
on the petition | ||||||
17 | for civil no contact order or receipt of the order issued under
| ||||||
18 | Section 214 of this Act.
| ||||||
19 | (e) Any order extending, modifying, or revoking any civil | ||||||
20 | no contact
order shall be promptly recorded, issued, and served | ||||||
21 | as provided in this
Section.
| ||||||
22 | (f) Upon the request of the
petitioner, within 24 hours of | ||||||
23 | the issuance of a civil no contact order, the
clerk of the | ||||||
24 | issuing judge shall
send written notice of the order along with
| ||||||
25 | a certified copy of the order to any school, college, or | ||||||
26 | university at which
the
petitioner is enrolled.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-904, eff. 1-1-13; 97-1017, eff. 1-1-13; | ||||||
2 | 98-463, eff. 8-16-13; 98-558, eff. 1-1-14.)
| ||||||
3 | Section 30. The Illinois Domestic Violence Act of 1986 is | ||||||
4 | amended by changing Sections 217, 222, and 302 as follows:
| ||||||
5 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
6 | Sec. 217. Emergency order of protection.
| ||||||
7 | (a) Prerequisites. An emergency order of protection shall | ||||||
8 | issue if
petitioner satisfies the requirements of this | ||||||
9 | subsection for one or more of the
requested remedies. For each | ||||||
10 | remedy requested, petitioner shall establish
that:
| ||||||
11 | (1) The court has jurisdiction under Section 208;
| ||||||
12 | (2) The requirements of Section 214 are satisfied; and
| ||||||
13 | (3) There is good cause to grant the remedy, regardless | ||||||
14 | of prior service
of process or of notice upon the | ||||||
15 | respondent, because:
| ||||||
16 | (i) For
the remedies of "prohibition of abuse" | ||||||
17 | described in
Section 214(b)(1), "stay away order and | ||||||
18 | additional prohibitions" described in
Section
| ||||||
19 | 214(b)(3), "removal or concealment of minor child" | ||||||
20 | described in Section
214(b)(8), "order to appear" | ||||||
21 | described in Section 214(b)(9), "physical
care and | ||||||
22 | possession of the minor child" described in Section | ||||||
23 | 214(b)(5),
"protection of property" described in | ||||||
24 | Section 214(b)(11), "prohibition
of entry" described |
| |||||||
| |||||||
1 | in Section 214(b)(14), "prohibition of firearm | ||||||
2 | possession" described in Section 214(b)(14.5), | ||||||
3 | "prohibition of access to
records" described in | ||||||
4 | Section 214(b)(15), and "injunctive relief"
described | ||||||
5 | in Section 214(b)(16), the harm which that remedy
is | ||||||
6 | intended to prevent would be likely to occur if the | ||||||
7 | respondent were given
any prior notice, or greater | ||||||
8 | notice than was actually given, of the
petitioner's | ||||||
9 | efforts to obtain judicial relief;
| ||||||
10 | (ii) For the remedy of "grant of exclusive | ||||||
11 | possession of
residence" described in Section | ||||||
12 | 214(b)(2), the immediate danger of further
abuse of | ||||||
13 | petitioner by respondent,
if petitioner chooses or had | ||||||
14 | chosen to remain in the residence or household
while | ||||||
15 | respondent was given any prior notice or greater notice | ||||||
16 | than was
actually given of petitioner's efforts to | ||||||
17 | obtain judicial relief,
outweighs the hardships to | ||||||
18 | respondent of an emergency order
granting petitioner | ||||||
19 | exclusive possession of the residence or household.
| ||||||
20 | This remedy shall not be denied because petitioner has | ||||||
21 | or could obtain
temporary shelter elsewhere while | ||||||
22 | prior notice is given to respondent, unless
the
| ||||||
23 | hardships to respondent from exclusion from the home | ||||||
24 | substantially outweigh
those to petitioner;
| ||||||
25 | (iii) For the remedy of "possession of personal | ||||||
26 | property"
described in
Section 214(b)(10), improper |
| |||||||
| |||||||
1 | disposition of the personal
property would be likely
to | ||||||
2 | occur if respondent were given any prior notice, or | ||||||
3 | greater notice than
was actually given, of | ||||||
4 | petitioner's efforts to obtain judicial relief, or
| ||||||
5 | petitioner has an immediate and pressing need for | ||||||
6 | possession of that property.
| ||||||
7 | An emergency order may not include the counseling, legal | ||||||
8 | custody, payment
of support or monetary compensation remedies.
| ||||||
9 | (b) Appearance by respondent.
If respondent appears in | ||||||
10 | court for this hearing for an emergency order,
he or she may | ||||||
11 | elect to file a general appearance and testify.
Any resulting | ||||||
12 | order may be an emergency order, governed
by this Section.
| ||||||
13 | Notwithstanding the requirements of this Section, if all | ||||||
14 | requirements of
Section 218 have been met, the court may issue | ||||||
15 | a 30-day interim order.
| ||||||
16 | (c) Emergency orders: court holidays and evenings.
| ||||||
17 | (1) Prerequisites. When the court is unavailable at the | ||||||
18 | close of
business, the petitioner may file a petition for a | ||||||
19 | 21-day emergency order
before any available circuit judge | ||||||
20 | or associate judge who may grant relief
under this Act. If | ||||||
21 | the judge finds that there is an immediate and present
| ||||||
22 | danger of abuse to petitioner and that petitioner has | ||||||
23 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
24 | Section 217, that judge may
issue an emergency order of | ||||||
25 | protection.
| ||||||
26 | (1.5) Issuance of order. The chief judge of the circuit |
| |||||||
| |||||||
1 | court
may designate for each county in the circuit at least | ||||||
2 | one judge to be
reasonably available to
issue orally, by | ||||||
3 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
4 | of protection at all times, whether or not the court is in | ||||||
5 | session.
| ||||||
6 | (2) Certification and transfer. The judge who issued | ||||||
7 | the order under this Section shall promptly communicate or | ||||||
8 | convey the order to the sheriff to immediately, upon | ||||||
9 | issuance, facilitate the entry of the order into the Law | ||||||
10 | Enforcement Agencies Data System by the Department of State | ||||||
11 | Police pursuant to Section 302. Any order issued under this | ||||||
12 | Section and
any documentation in support thereof shall be | ||||||
13 | certified immediately, upon issuance, on the next court
day | ||||||
14 | to the appropriate court. The clerk of that court shall | ||||||
15 | immediately
assign a case number, file the petition, order | ||||||
16 | and other documents with the
court, and enter the order of | ||||||
17 | record and file it with the sheriff for
service, in | ||||||
18 | accordance with Section 222. Filing the petition
shall | ||||||
19 | commence proceedings for further relief under Section 202.
| ||||||
20 | Failure to comply with the requirements of this subsection | ||||||
21 | shall not
affect the validity of the order.
| ||||||
22 | (Source: P.A. 96-701, eff. 1-1-10; 96-1241, eff. 1-1-11.)
| ||||||
23 | (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
| ||||||
24 | Sec. 222. Notice of orders.
| ||||||
25 | (a) Entry and issuance. Upon issuance of any order of |
| |||||||
| |||||||
1 | protection, the
clerk shall immediately , or on the next court | ||||||
2 | day if an emergency order is
issued in accordance with | ||||||
3 | subsection (c) of Section 217,
(i) enter the order on the | ||||||
4 | record and file it
in accordance with the circuit court | ||||||
5 | procedures and (ii) provide a file stamped
copy of the order to | ||||||
6 | respondent, if
present, and to petitioner.
| ||||||
7 | (b) Filing with sheriff. The clerk of the issuing judge | ||||||
8 | shall, or
the petitioner may, immediately, when on the same day | ||||||
9 | that an order of protection is
issued, electronically transmit | ||||||
10 | file a certified copy of that order with the sheriff or other | ||||||
11 | law
enforcement officials charged with maintaining Department | ||||||
12 | of State Police
records or charged with serving the order upon | ||||||
13 | respondent.
If the order was issued in accordance with | ||||||
14 | subsection (c) of Section 217,
the clerk
shall immediately | ||||||
15 | electronically transmit on the next court day, file a certified | ||||||
16 | copy of the order to with the
Sheriff or other law enforcement | ||||||
17 | officials charged with maintaining Department
of State Police | ||||||
18 | records which shall immediately enter the order into the Law | ||||||
19 | Enforcement Agencies
Data System . If the respondent, at the | ||||||
20 | time of the issuance of the order, is committed to the custody | ||||||
21 | of the Illinois Department of Corrections or Illinois | ||||||
22 | Department of Juvenile Justice or is on parole, aftercare | ||||||
23 | release, or mandatory supervised release, the sheriff or other | ||||||
24 | law enforcement officials charged with maintaining Department | ||||||
25 | of State Police records shall notify the Department of | ||||||
26 | Corrections or Department of Juvenile Justice within 48 hours |
| |||||||
| |||||||
1 | of receipt of a copy of the order of protection from the clerk | ||||||
2 | of the issuing judge or the petitioner. Such notice shall | ||||||
3 | include the name of the respondent, the respondent's IDOC | ||||||
4 | inmate number or IDJJ youth identification number, the | ||||||
5 | respondent's date of birth, and the LEADS Record Index Number.
| ||||||
6 | (c) Service by sheriff. Unless respondent was present in | ||||||
7 | court when the
order was issued, the sheriff, other law | ||||||
8 | enforcement official or special
process server shall
promptly | ||||||
9 | serve that order upon respondent and file proof of such | ||||||
10 | service,
in the manner provided for service of process in civil | ||||||
11 | proceedings.
Instead of serving the order upon the respondent, | ||||||
12 | however, the sheriff, other
law enforcement official, special | ||||||
13 | process server, or other persons defined in Section 222.10 may | ||||||
14 | serve the respondent
with a short form notification as provided | ||||||
15 | in Section 222.10.
If
process has not yet been served upon the | ||||||
16 | respondent, it shall be served
with the order or short form | ||||||
17 | notification if such service is made by the sheriff, other law | ||||||
18 | enforcement official, or special process server. A single fee | ||||||
19 | may be charged for
service of an order
obtained in civil court, | ||||||
20 | or for service of such an order together with
process, unless | ||||||
21 | waived or deferred under Section 210.
| ||||||
22 | (c-5) If the person against whom the order of protection is | ||||||
23 | issued is
arrested and the written order is issued in | ||||||
24 | accordance with subsection (c) of
Section 217
and received by | ||||||
25 | the custodial law enforcement agency before the respondent or
| ||||||
26 | arrestee is released from custody, the custodial law |
| |||||||
| |||||||
1 | enforcement agent shall
promptly serve the order upon the | ||||||
2 | respondent or arrestee before the
respondent or arrestee is | ||||||
3 | released from custody. In no event shall detention
of the | ||||||
4 | respondent or arrestee be extended for hearing on the petition | ||||||
5 | for order
of protection or receipt of the order issued under | ||||||
6 | Section 217 of this Act.
| ||||||
7 | (d) Extensions, modifications and revocations. Any order | ||||||
8 | extending,
modifying or revoking any order of protection shall | ||||||
9 | be promptly recorded,
issued and served as provided in this | ||||||
10 | Section.
| ||||||
11 | (e) Notice to schools. Upon the request of the petitioner, | ||||||
12 | within 24
hours of the issuance of an order of
protection, the | ||||||
13 | clerk of the issuing judge shall
send a certified copy of
the | ||||||
14 | order of protection to the day-care facility,
pre-school or | ||||||
15 | pre-kindergarten, or private school or the principal
office of | ||||||
16 | the public school district or any college or university in | ||||||
17 | which any child who
is a protected person under the order of | ||||||
18 | protection or any child
of
the
petitioner is enrolled as | ||||||
19 | requested by the petitioner at the mailing address provided by | ||||||
20 | the petitioner.
If the child transfers enrollment to another | ||||||
21 | day-care facility, pre-school,
pre-kindergarten,
private | ||||||
22 | school, public school, college, or university, the petitioner | ||||||
23 | may,
within 24 hours
of the transfer, send to the clerk written | ||||||
24 | notice of the transfer, including
the name and
address of the | ||||||
25 | institution to which the child is transferring.
Within 24 hours | ||||||
26 | of receipt of notice
from the petitioner that a child is |
| |||||||
| |||||||
1 | transferring to another day-care facility,
pre-school, | ||||||
2 | pre-kindergarten, private school, public school, college, or
| ||||||
3 | university, the clerk shall send a certified copy of the order | ||||||
4 | to the institution to which the child
is
transferring.
| ||||||
5 | (f) Disclosure by schools. After receiving a certified copy | ||||||
6 | of an order
of protection that prohibits a respondent's access | ||||||
7 | to records, neither a
day-care facility, pre-school, | ||||||
8 | pre-kindergarten, public
or private school, college, or | ||||||
9 | university nor its employees shall allow a
respondent access to | ||||||
10 | a
protected child's records or release information in those | ||||||
11 | records to the
respondent. The school shall file
the copy of | ||||||
12 | the order of protection in the records of a child who
is a | ||||||
13 | protected person under the order of protection. When a child | ||||||
14 | who is a
protected person under the order of protection | ||||||
15 | transfers to another day-care
facility, pre-school, | ||||||
16 | pre-kindergarten, public or private school, college, or
| ||||||
17 | university, the institution from which the child is | ||||||
18 | transferring may, at the
request of the petitioner, provide,
| ||||||
19 | within 24 hours of the transfer, written notice of the order of | ||||||
20 | protection,
along with a certified copy of the order, to the | ||||||
21 | institution to which the child
is
transferring.
| ||||||
22 | (g) Notice to health care facilities and health care | ||||||
23 | practitioners. Upon the request of the petitioner, the clerk of | ||||||
24 | the circuit court shall send a certified copy of the order of | ||||||
25 | protection to any specified health care facility or health care | ||||||
26 | practitioner requested by the petitioner at the mailing address |
| |||||||
| |||||||
1 | provided by the petitioner. | ||||||
2 | (h) Disclosure by health care facilities and health care | ||||||
3 | practitioners. After receiving a certified copy of an order of | ||||||
4 | protection that prohibits a respondent's access to records, no | ||||||
5 | health care facility or health care practitioner shall allow a | ||||||
6 | respondent access to the records of any child who is a | ||||||
7 | protected person under the order of protection, or release | ||||||
8 | information in those records to the respondent, unless the | ||||||
9 | order has expired or the respondent shows a certified copy of | ||||||
10 | the court order vacating the corresponding order of protection | ||||||
11 | that was sent to the health care facility or practitioner. | ||||||
12 | Nothing in this Section shall be construed to require health | ||||||
13 | care facilities or health care practitioners to alter | ||||||
14 | procedures related to billing and payment. The health care | ||||||
15 | facility or health care practitioner may file the copy of the | ||||||
16 | order of protection in the records of a child who is a | ||||||
17 | protected person under the order of protection, or may employ | ||||||
18 | any other method to identify the records to which a respondent | ||||||
19 | is prohibited access. No health care facility or health care | ||||||
20 | practitioner shall be civilly or professionally liable for | ||||||
21 | reliance on a copy of an order of protection, except for | ||||||
22 | willful and wanton misconduct. | ||||||
23 | (Source: P.A. 97-50, eff. 6-28-11; 97-904, eff. 1-1-13; 98-558, | ||||||
24 | eff. 1-1-14.)
| ||||||
25 | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
|
| |||||||
| |||||||
1 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
2 | (a) All sheriffs shall immediately transmit electronically | ||||||
3 | furnish to the Department of State Police, on receipt the
same | ||||||
4 | day as received , in the form and detail the Department | ||||||
5 | requires, copies of
any recorded emergency, interim, or plenary | ||||||
6 | orders of protection issued by the
court, and any foreign | ||||||
7 | orders of protection filed by the clerk of the court,
and | ||||||
8 | electronically transmitted to the sheriff by the clerk of the | ||||||
9 | court pursuant to subsection
(b) of Section 222 of this Act. | ||||||
10 | Each order of protection shall be immediately, upon | ||||||
11 | transmission, entered in
the Law Enforcement Agencies Data | ||||||
12 | System when on the same day it
is issued by the court. If an | ||||||
13 | emergency order of protection was issued in
accordance with | ||||||
14 | subsection (c) of Section 217, the order shall be entered in
| ||||||
15 | the Law Enforcement Agencies Data System as soon as possible
| ||||||
16 | after receipt from the clerk.
| ||||||
17 | (b) The Department of State Police shall maintain a | ||||||
18 | complete and systematic
record and index of all valid and | ||||||
19 | recorded orders of protection issued pursuant
to this Act. The | ||||||
20 | data shall be used to inform all dispatchers and law
| ||||||
21 | enforcement officers at the scene of an alleged incident of | ||||||
22 | abuse, neglect,
or exploitation or violation of an order of | ||||||
23 | protection of any recorded prior
incident of abuse, neglect, or | ||||||
24 | exploitation involving the abused, neglected,
or exploited | ||||||
25 | party and the effective dates and terms of any recorded order | ||||||
26 | of
protection.
|
| |||||||
| |||||||
1 | (c) The data, records and transmittals required under this | ||||||
2 | Section shall
pertain to any valid emergency, interim or | ||||||
3 | plenary order of protection,
whether issued in a civil or | ||||||
4 | criminal proceeding or authorized under the laws
of another | ||||||
5 | state, tribe, or United States territory.
| ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07.)".
|