SB 1828 — ORDERS OF PROTECTION

SB1828 EngrossedEnrolled LRB097 02692 RLC 42711 b AN ACT concerning orders of protection.

If the order was issued in accordance with subsection (c) of Section 112A-17, the clerk shall on the next court day, file a certified copy of the order with the Sheriff or other law enforcement officials charged SB1828 EngrossedEnrolled - 2 - LRB097 02692 RLC 42711 b with maintaining Department of State Police records.

SB1828 EngrossedEnrolled - 3 - LRB097 02692 RLC 42711 b (d) Extensions, modifications and revocations.

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 SB1828 EngrossedEnrolled - 4 - LRB097 02692 RLC 42711 b any other method to identify the records to which a respondent is prohibited access.

After receiving a certified copy SB1828 EngrossedEnrolled - 5 - LRB097 02692 RLC 42711 b of an order of protection that prohibits a respondent's access to records, neither a day-care facility, pre-school, 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.

(a) Instead of personal service of an order of protection under Section 112A-22, a sheriff, other law enforcement official, or special process server, or personnel assigned by the Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory SB1828 EngrossedEnrolled - 6 - LRB097 02692 RLC 42711 b supervised release may serve a respondent with a short form notification.

You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order of protection." (c) Upon verification of the identity of the respondent and the existence of an unserved order of protection against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to SB1828 EngrossedEnrolled - 7 - LRB097 02692 RLC 42711 b complete and serve the short form notification.

(3) report to an agent of the Department of SB1828 EngrossedEnrolled - 8 - LRB097 02692 RLC 42711 b Corrections;

(7.6) if convicted of a sex offense as defined in the Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or SB1828 EngrossedEnrolled - 9 - LRB097 02692 RLC 42711 b apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense;

(7.7) if convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988) this amendatory Act of the 94th General Assembly, wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense SB1828 EngrossedEnrolled - 10 - LRB097 02692 RLC 42711 b and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;

(7.9) if convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of SB1828 EngrossedEnrolled - 11 - LRB097 02692 RLC 42711 b accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to SB1828 EngrossedEnrolled - 12 - LRB097 02692 RLC 42711 b conduct a more thorough inspection;

SB1828 EngrossedEnrolled - 13 - LRB097 02692 RLC 42711 b (10) consent to a search of his or her person, property, or residence under his or her control;

SB1828 EngrossedEnrolled - 14 - LRB097 02692 RLC 42711 b These instructions by the parole agent may be modified at any time, as the agent deems appropriate;

(1) work or pursue a course of study or vocational SB1828 EngrossedEnrolled - 15 - LRB097 02692 RLC 42711 b training;

or SB1828 EngrossedEnrolled - 16 - LRB097 02692 RLC 42711 b (iv) a step-child or adopted child of the accused;

and SB1828 EngrossedEnrolled - 17 - LRB097 02692 RLC 42711 b (8) in addition, if a minor:

(5) not be employed or participate in any volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an SB1828 EngrossedEnrolled - 18 - LRB097 02692 RLC 42711 b agent of the Department of Corrections;

(10) neither possess or have under his or her control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access SB1828 EngrossedEnrolled - 19 - LRB097 02692 RLC 42711 b to any computer or material linked to computer access use;

(c) The conditions under which the parole or mandatory SB1828 EngrossedEnrolled - 20 - LRB097 02692 RLC 42711 b supervised release is to be served shall be communicated to the person in writing prior to his release, and he shall sign the same before release.

95-579, SB1828 EngrossedEnrolled - 21 - LRB097 02692 RLC 42711 b eff.

If the order was issued in accordance with subsection (c) of Section 217, the clerk shall on the next court day, file a certified copy of the order with the Sheriff or other law enforcement officials charged with SB1828 EngrossedEnrolled - 22 - LRB097 02692 RLC 42711 b maintaining Department of State Police records.

In no event shall detention of the SB1828 EngrossedEnrolled - 23 - LRB097 02692 RLC 42711 b 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.

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 SB1828 EngrossedEnrolled - 24 - LRB097 02692 RLC 42711 b to the institution to which the child is transferring.

After receiving a certified copy of an order of SB1828 EngrossedEnrolled - 25 - LRB097 02692 RLC 42711 b 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 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.

(a) Instead of personal service of an order of protection under Section 222, a sheriff, other law enforcement official, or special process server, or personnel assigned by the SB1828 EngrossedEnrolled - 26 - LRB097 02692 RLC 42711 b Department of Corrections to investigate the alleged misconduct of committed persons or alleged violations of a parolee's or releasee's conditions of parole or mandatory supervised release may serve a respondent with a short form notification.

You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order of protection." (c) Upon verification of the identity of the respondent and SB1828 EngrossedEnrolled - 27 - LRB097 02692 RLC 42711 b the existence of an unserved order of protection 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.