Bill Text: IL SB1828 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that 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 supervised release may serve respondents with short form notifications of the issuance of orders of protection. Amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, the parolee or releasee must immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections. Provides that as a condition of parole or mandatory supervised release, the parolee or releasee must comply with the terms and conditions of an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-28 - Public Act . . . . . . . . . 97-0050 [SB1828 Detail]

Download: Illinois-2011-SB1828-Chaptered.html

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Public Act 097-0050
SB1828 Enrolled LRB097 02692 RLC 42711 b
AN ACT concerning orders of protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-22 and 112A-22.10 as follows:
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. 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 112A-17, (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 copy of that order with 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 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

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, or other persons defined in Section
112A-22.10 may serve the respondent with a short form
notification as provided in Section 112A-22.10. If process has
not yet been served upon the respondent, it shall be served
with the order or short form notification if such service is
made by the sheriff, other law enforcement official, or special
process server.
(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 112A-17 and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for order of protection or receipt of the order issued under
Section 112A-17 of this Code.

(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 health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the order of
protection to any specified health care facility or health care
practitioner requested by the petitioner at the mailing address
provided by the petitioner.
(f) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of
protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ

any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(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
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.
(Source: P.A. 96-651, eff. 1-1-10.)
(725 ILCS 5/112A-22.10)
Sec. 112A-22.10. Short form notification.
(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

supervised release may serve a respondent with a short form
notification. The short form notification must include the
following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of
protection was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent, either
in checklist form or handwritten.
(9) The name of the judge who signed the order.
(b) The short form notification must contain the following
notice in bold print:
"The order of protection is now enforceable. You must
report to the office of the sheriff or the office of the
circuit court in (name of county) County to obtain a copy
of the order of protection. 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

complete and serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
sheriff, other law enforcement official, or special process
server making the service.
(e) The Attorney General shall provide adequate copies of
the short form notification form to law enforcement agencies in
this State.
(Source: P.A. 92-162, eff. 1-1-02.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-3-7 as follows:
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of

Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections as soon as permitted by the arresting authority
but in no event later than 24 hours after release from
custody and immediately report service or notification of
an order of protection, a civil no contact order, or a
stalking no contact order to an agent of the Department of
Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(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

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; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(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

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;
(7.8) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) this
amendatory Act of the 95th General Assembly that would
qualify the accused as a child sex offender as defined in
Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (7.8),
"Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is not related
to the accused if the person is not: (i) the spouse,
brother, or sister of the accused; (ii) a descendant of the
accused; (iii) a first or second cousin of the accused; or
(iv) a step-child or adopted child of the accused;
(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

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;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the
effective date of Public Act 95-640) this amendatory Act of
the 95th General Assembly, not possess prescription drugs
for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
Code of 1961, or any attempt to commit any of these
offenses, committed on or after June 1, 2009 (the effective
date of Public Act 95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(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

conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 16D-2 of the Criminal Code of 1961;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;

(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent and not
associate with persons who are members of an organized gang
as that term is defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by his
or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board or
by law, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.

These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter; and
(17) if convicted of a violation of an order of
protection under Section 12-30 of the Criminal Code of
1961, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code; and .
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational

training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his dependents;
(5) (blank);
(6) (blank);
(7) (blank) comply with the terms and conditions of an
order of protection issued pursuant to the Illinois
Domestic Violence Act of 1986, enacted by the 84th General
Assembly, or an order of protection issued by the court of
another state, tribe, or United States territory;
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, refrain from communicating with or
contacting, by means of the Internet, a person who is
related to the accused and whom the accused reasonably
believes to be under 18 years of age; for purposes of this
paragraph (7.5), "Internet" has the meaning ascribed to it
in Section 16J-5 of the Criminal Code of 1961; and a person
is related to the accused if the person is: (i) the spouse,
brother, or sister of the accused; (ii) a descendant of the
accused; (iii) a first or second cousin of the accused; or

(iv) a step-child or adopted child of the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(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
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent; and

(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his own support at home or in a
foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(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

agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of day,
and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third party,
with minor children without prior identification and
approval of an 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

to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory

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. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,

eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
96-1000, eff. 7-2-10.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 222 and 222.10 as follows:
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(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
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, or other persons defined in Section
222.10 may serve the respondent with a short form notification
as provided in Section 222.10. If process has not yet been
served upon the respondent, it shall be served with the order
or short form notification if such service is made by the
sheriff, other law enforcement official, or special process
server. A single fee may be charged for service of an order
obtained in civil court, or for service of such an order
together with process, unless waived or deferred under Section
210.
(c-5) If the person against whom the order of protection is
issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the

respondent or arrestee be extended for hearing on the petition
for order of protection or receipt of the order issued under
Section 217 of this Act.
(d) Extensions, modifications and revocations. Any order
extending, modifying or revoking any order of protection shall
be promptly recorded, issued and served as provided in this
Section.
(e) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of an order of protection, the
clerk of the issuing judge shall send a certified copy of the
order of protection to the day-care facility, pre-school or
pre-kindergarten, or private school or the principal office of
the public school district or any college or university in
which any child who is a protected person under the order of
protection or any child of the petitioner is enrolled as
requested by the petitioner at the mailing address provided by
the petitioner. If the child transfers enrollment to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the petitioner
may, within 24 hours of the transfer, send to the clerk written
notice of the transfer, including the name and address of the
institution to which the child is transferring. Within 24 hours
of receipt of notice from the petitioner that a child is
transferring to another day-care facility, pre-school,
pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order

to the institution to which the child is transferring.
(f) Disclosure by schools. After receiving a certified copy
of an order of protection that prohibits a respondent's access
to records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access to
a protected child's records or release information in those
records to the respondent. The school shall file the copy of
the order of protection in the records of a child who is a
protected person under the order of protection. When a child
who is a protected person under the order of protection
transfers to another day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order of
protection, along with a certified copy of the order, to the
institution to which the child is transferring.
(g) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the order of
protection to any specified health care facility or health care
practitioner requested by the petitioner at the mailing address
provided by the petitioner.
(h) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of

protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ
any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.)
(750 ILCS 60/222.10)
Sec. 222.10. Short form notification.
(a) Instead of personal service of an order of protection
under Section 222, a sheriff, other law enforcement official,
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
supervised release may serve a respondent with a short form
notification. The short form notification must include the
following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of
protection was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent, either
in checklist form or handwritten.
(9) The name of the judge who signed the order.
(b) The short form notification must contain the following
notice in bold print:
"The order of protection is now enforceable. You must
report to the office of the sheriff or the office of the
circuit court in (name of county) County to obtain a copy
of the order of protection. 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
complete and serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
sheriff, other law enforcement official, or special process
server making the service.
(e) The Attorney General shall provide adequate copies of
the short form notification form to law enforcement agencies in
this State.
(Source: P.A. 92-162, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.