SB 145 — CRIM PRO&MARRIAGE-NOTICE

SB0145 EngrossedEnrolled LRB096 03772 RLC 13802 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 SB0145 EngrossedEnrolled - 2 - LRB096 03772 RLC 13802 b with maintaining Department of State Police records.

Any order extending, modifying or revoking any order of protection shall be promptly recorded, issued and served as provided in this SB0145 EngrossedEnrolled - 3 - LRB096 03772 RLC 13802 b Section.

No health care facility or health care practitioner shall be civilly or professionally liable for SB0145 EngrossedEnrolled - 4 - LRB096 03772 RLC 13802 b reliance on a copy of an order of protection, except for willful and wanton misconduct.

(g) 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.

(h) 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, pre-kindergarten, public or private school, college, or SB0145 Enrolled - 5 - LRB096 03772 RLC 13802 b 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.

(b) Upon the application of either or both parents, or upon SB0145 Enrolled - 6 - LRB096 03772 RLC 13802 b its own motion, the court shall consider an award of joint custody.

The Agreement shall further specify a procedure by which proposed changes, disputes and alleged breaches may be mediated or otherwise resolved and shall provide for a periodic review of its terms by the SB0145 Engrossed - 5 - LRB096 03772 RLC 13802 b parents.

(c) The court may enter an order of joint custody if it SB0145 Enrolled - 7 - LRB096 03772 RLC 13802 b determines that joint custody would be in the best interests of the child, taking into account the following:

and SB0145 Engrossed - 6 - LRB096 03772 RLC 13802 b (3) all other factors which may be relevant to the best interest of the child.

however, no parent shall have access to the school records of a child if the parent is SB0145 Enrolled - 8 - LRB096 03772 RLC 13802 b prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended.amended or pursuant to the Code of Criminal Procedure of 1963.

95-912, eff.

1-1-09.) Section 15.

The Illinois Domestic Violence Act of 1986 is amended by changing Section 222 as follows:

(750 ILCS 60/222) (from Ch.

40, par.

2312-22) Sec.

222.

Notice of orders.

(a) Entry and issuance.

Upon issuance of any order of protection, the clerk shall immediately, or on the next court day if an emergency order is issued in accordance with subsection (c) of Section 217, (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 SB0145 Enrolled - 9 - LRB096 03772 RLC 13802 b the sheriff or other law enforcement officials charged with maintaining Department of State Police records or charged with serving the order upon respondent.

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 maintaining Department of State Police records.

(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 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, or special process server 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.

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 SB0145 Enrolled - 10 - LRB096 03772 RLC 13802 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 order of protection or receipt of the order issued under Section 217 of this Act.

(d) Extensions, modifications and revocations.

Any order extending, modifying or revoking any order of protection shall be promptly recorded, issued and served as provided in this Section.

(e) Notice to schools.