PROTECTIVE ORDERS-SERVICE

Illinois General Assembly - Full Text of HB5787

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5787

Introduced 5/21/2026, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112A-22

from Ch. 38, par. 112A-22
750 ILCS 60/222

from Ch. 40, par. 2312-22

Amends the Protective Orders Article of the Code of Criminal
Procedure of 1963 and the Orders of Protection Article of the Illinois
Domestic Violence Act of 1986. Provides that notice and service of a
protective order or an order of protection shall be deemed to have been
made upon a respondent if the respondent was personally present in open
court at the time the presiding judge issued the order, even if the
respondent did not remain personally present for the duration of the court
hearing to hear all of the conditions set by the presiding judge under the
order.
LRB104 21928 RLC 37834 b

A BILL FOR

HB5787
LRB104 21928 RLC 37834 b
1

AN ACT concerning protective orders.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Criminal Procedure of 1963 is
5
amended by changing Section 112A-22 as follows:

6

(725 ILCS 5/112A-22)

(from Ch. 38, par. 112A-22)
7

Sec. 112A-22.
Notice of orders.
8

(a) Entry and issuance. Upon issuance of any protective
9
order, the clerk shall immediately, or on the next court day if
10
an ex parte order is issued under subsection (e) of Section
11
112A-17.5 of this Code, (i) enter the order on the record and
12
file it in accordance with the circuit court procedures and
13
(ii) provide a file stamped copy of the order to respondent and
14
to petitioner, if present, and to the State's Attorney. If the
15
victim is not present the State's Attorney shall (i) as soon as
16
practicable notify the petitioner the order has been entered
17
and (ii) provide a file stamped copy of the order to the
18
petitioner within 3 days.
19

(b) Filing with sheriff. The clerk of the issuing judge
20
shall, on the same day that a protective order is issued, file
21
a copy of that order with the sheriff or other law enforcement
22
officials charged with maintaining Illinois State Police
23
records or charged with serving the order upon respondent. If

HB5787
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LRB104 21928 RLC 37834 b
1
the order was issued under subsection (e) of Section 112A-17.5
2
of this Code, the clerk on the next court day shall file a
3
certified copy of the order with the sheriff or other law
4
enforcement officials charged with maintaining Illinois State
5
Police records.
6

(c) (Blank).
7

(c-1) Service at hearing. Notice and service of a
8
protective order shall be deemed to have been made upon a
9
respondent if the respondent was personally present in open
10
court at the time the presiding judge issued the protective
11
order, even if the respondent did not remain personally
12
present for the duration of the court hearing to hear all of
13
the conditions set by the presiding judge under the protective
14
order.

15

(c-2) Service by sheriff. Unless respondent was present in
16
court when the order was issued, the sheriff, other law
17
enforcement official, or special process server shall promptly
18
serve that order upon respondent and file proof of the
19
service, in the manner provided for service of process in
20
civil proceedings. Instead of serving the order upon the
21
respondent; however, the sheriff, other law enforcement
22
official, special process server, or other persons defined in
23
Section 112A-22.1 of this Code may serve the respondent with a
24
short form notification as provided in Section 112A-22.1 of
25
this Code. If process has not yet been served upon the
26
respondent, process shall be served with the order or short

HB5787
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LRB104 21928 RLC 37834 b
1
form notification if the service is made by the sheriff, other
2
law enforcement official, or special process server.
3

(c-3) If the person against whom the protective order is
4
issued is arrested and the written order is issued under
5
subsection (e) of Section 112A-17.5 of this Code and received
6
by the custodial law enforcement agency before the respondent
7
or arrestee is released from custody, the custodial law
8
enforcement agency shall promptly serve the order upon the
9
respondent or arrestee before the respondent or arrestee is
10
released from custody. In no event shall detention of the
11
respondent or arrestee be extended for a hearing on the
12
petition for protective order or receipt of the order issued
13
under Section 112A-17 of this Code.
14

(c-4) Extensions, modifications, and revocations. Any
15
order extending, modifying, or revoking any protective order
16
shall be promptly recorded, issued, and served as provided in
17
this Section.
18

(c-5) (Blank).
19

(d) (Blank).
20

(e) Notice to health care facilities and health care
21
practitioners. Upon the request of the petitioner, the clerk
22
of the circuit court shall send a certified copy of the
23
protective order to any specified health care facility or
24
health care practitioner requested by the petitioner at the
25
mailing address provided by the petitioner.
26

(f) Disclosure by health care facilities and health care

HB5787
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LRB104 21928 RLC 37834 b
1
practitioners. After receiving a certified copy of a
2
protective order that prohibits a respondent's access to
3
records, no health care facility or health care practitioner
4
shall allow a respondent access to the records of any child who
5
is a protected person under the protective order, or release
6
information in those records to the respondent, unless the
7
order has expired or the respondent shows a certified copy of
8
the court order vacating the corresponding protective order
9
that was sent to the health care facility or practitioner.
10
Nothing in this Section shall be construed to require health
11
care facilities or health care practitioners to alter
12
procedures related to billing and payment. The health care
13
facility or health care practitioner may file the copy of the
14
protective order in the records of a child who is a protected
15
person under the protective order, or may employ any other
16
method to identify the records to which a respondent is
17
prohibited access. No health care facility or health care
18
practitioner shall be civilly or professionally liable for
19
reliance on a copy of a protective order, except for willful
20
and wanton misconduct.
21

(g) Notice to schools. Upon the request of the petitioner,
22
within 24 hours of the issuance of a protective order, the
23
clerk of the issuing judge shall send a certified copy of the
24
protective order to the day-care facility, pre-school or
25
pre-kindergarten, or private school or the principal office of
26
the public school district or any college or university in

HB5787
- 5 -
LRB104 21928 RLC 37834 b
1
which any child who is a protected person under the protective
2
order or any child of the petitioner is enrolled as requested
3
by the petitioner at the mailing address provided by the
4
petitioner. If the child transfers enrollment to another
5
day-care facility, pre-school, pre-kindergarten, private
6
school, public school, college, or university, the petitioner
7
may, within 24 hours of the transfer, send to the clerk written
8
notice of the transfer, including the name and address of the
9
institution to which the child is transferring. Within 24
10
hours of receipt of notice from the petitioner that a child is
11
transferring to another day-care facility, pre-school,
12
pre-kindergarten, private school, public school, college, or
13
university, the clerk shall send a certified copy of the order
14
to the institution to which the child is transferring.
15

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

HB5787
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LRB104 21928 RLC 37834 b
1
institution from which the child is transferring may, at the
2
request of the petitioner, provide, within 24 hours of the
3
transfer, written notice of the protective order, along with a
4
certified copy of the order, to the institution to which the
5
child is transferring.
6
(Source: P.A. 102-538, eff. 8-20-21.)

7

Section 10.
The Illinois Domestic Violence Act of 1986 is
8
amended by changing Section 222 as follows:

9

(750 ILCS 60/222)

(from Ch. 40, par. 2312-22)
10

Sec. 222.
Notice of orders.
11

(a) Entry and issuance. Upon issuance of any order of
12
protection, the clerk shall immediately (i) enter the order on
13
the record and file it in accordance with the circuit court
14
procedures and (ii) provide a file stamped copy of the order to
15
respondent, if present, and to petitioner.
16

(b) Filing with sheriff or other law enforcement
17
officials. The clerk of the issuing judge shall, or the
18
petitioner may, on the same day that an order of protection is
19
issued, file a certified copy of that order with the sheriff or
20
other law enforcement officials charged with maintaining
21
Illinois State Police records or charged with serving the
22
order upon respondent or executing any search warrant issued
23
under paragraph (14.5) of subsection (b) of Section 214 of
24
this Act. If a search warrant is issued under paragraph (14.5)

HB5787
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LRB104 21928 RLC 37834 b
1
of subsection (b) of Section 214 of this Act, the clerk of the
2
issuing judge shall, or the petitioner may, on the same day
3
that the warrant is issued, transmit the warrant to the law
4
enforcement agency to which the warrant is directed. If the
5
respondent, at the time of the issuance of the order, is
6
committed to the custody of the Illinois Department of
7
Corrections or Illinois Department of Juvenile Justice or is
8
on parole, aftercare release, or mandatory supervised release,
9
the sheriff or other law enforcement officials charged with
10
maintaining Illinois State Police records shall notify the
11
Department of Corrections or Department of Juvenile Justice
12
within 48 hours of receipt of a copy of the order of protection
13
from the clerk of the issuing judge or the petitioner. Such
14
notice shall include the name of the respondent, the
15
respondent's IDOC inmate number or IDJJ youth identification
16
number, the respondent's date of birth, and the LEADS Record
17
Index Number.
18

(c) Service by sheriff. Unless respondent was present in
19
court when the order was issued, the sheriff, other law
20
enforcement official or special process server shall promptly
21
serve that order upon respondent and file proof of such
22
service, in the manner provided for service of process in
23
civil proceedings. Instead of serving the order upon the
24
respondent, however, the sheriff, other law enforcement
25
official, special process server, or other persons defined in
26
Section 222.10 may serve the respondent with a short form

HB5787
- 8 -
LRB104 21928 RLC 37834 b
1
notification as provided in Section 222.10. If process has not
2
yet been served upon the respondent, it shall be served with
3
the order or short form notification if such service is made by
4
the sheriff, other law enforcement official, or special
5
process server. A single fee may be charged for service of an
6
order obtained in civil court, or for service of such an order
7
together with process, unless waived or deferred under Section
8
210.
9

(c-1) Notice and service of an order of protection shall
10
be deemed to have been made upon a respondent if the respondent
11
was personally present in open court at the time the presiding
12
judge issued the order of protection, even if the respondent
13
did not remain personally present for the duration of the
14
court hearing to hear all of the conditions set by the
15
presiding judge under the order of protection.

16

(c-5) If the person against whom the order of protection
17
is issued is arrested and the written order is issued in
18
accordance with subsection (c) of Section 217 and received by
19
the custodial law enforcement agency before the respondent or
20
arrestee is released from custody, the custodial law
21
enforcement agent shall promptly serve the order upon the
22
respondent or arrestee before the respondent or arrestee is
23
released from custody. In no event shall detention of the
24
respondent or arrestee be extended for hearing on the petition
25
for order of protection or receipt of the order issued under
26
Section 217 of this Act.

HB5787
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LRB104 21928 RLC 37834 b
1

(d) Extensions, modifications and revocations. Any order
2
extending, modifying or revoking any order of protection shall
3
be promptly recorded, issued and served as provided in this
4
Section.
5

(e) Notice to schools. Upon the request of the petitioner,
6
within 24 hours of the issuance of an order of protection, the
7
clerk of the issuing judge shall send a certified copy of the
8
order of protection to the day-care facility, pre-school or
9
pre-kindergarten, or private school or the principal office of
10
the public school district or any college or university in
11
which any child who is a protected person under the order of
12
protection or any child of the petitioner is enrolled as
13
requested by the petitioner at the mailing address provided by
14
the petitioner. If the child transfers enrollment to another
15
day-care facility, pre-school, pre-kindergarten, private
16
school, public school, college, or university, the petitioner
17
may, within 24 hours of the transfer, send to the clerk written
18
notice of the transfer, including the name and address of the
19
institution to which the child is transferring. Within 24
20
hours of receipt of notice from the petitioner that a child is
21
transferring to another day-care facility, pre-school,
22
pre-kindergarten, private school, public school, college, or
23
university, the clerk shall send a certified copy of the order
24
to the institution to which the child is transferring.
25

(f) Disclosure by schools. After receiving a certified
26
copy of an order of protection that prohibits a respondent's

HB5787
- 10 -
LRB104 21928 RLC 37834 b
1
access to records, neither a day-care facility, pre-school,
2
pre-kindergarten, public or private school, college, or
3
university nor its employees shall allow a respondent access
4
to a protected child's records or release information in those
5
records to the respondent. The school shall file the copy of
6
the order of protection in the records of a child who is a
7
protected person under the order of protection. When a child
8
who is a protected person under the order of protection
9
transfers to another day-care facility, pre-school,
10
pre-kindergarten, public or private school, college, or
11
university, the institution from which the child is
12
transferring may, at the request of the petitioner, provide,
13
within 24 hours of the transfer, written notice of the order of
14
protection, along with a certified copy of the order, to the
15
institution to which the child is transferring.
16

(g) Notice to health care facilities and health care
17
practitioners. Upon the request of the petitioner, the clerk
18
of the circuit court shall send a certified copy of the order
19
of protection to any specified health care facility or health
20
care practitioner requested by the petitioner at the mailing
21
address provided by the petitioner.
22

(h) Disclosure by health care facilities and health care
23
practitioners. After receiving a certified copy of an order of
24
protection that prohibits a respondent's access to records, no
25
health care facility or health care practitioner shall allow a
26
respondent access to the records of any child who is a

HB5787
- 11 -
LRB104 21928 RLC 37834 b
1
protected person under the order of protection, or release
2
information in those records to the respondent, unless the
3
order has expired or the respondent shows a certified copy of
4
the court order vacating the corresponding order of protection
5
that was sent to the health care facility or practitioner.
6
Nothing in this Section shall be construed to require health
7
care facilities or health care practitioners to alter
8
procedures related to billing and payment. The health care
9
facility or health care practitioner may file the copy of the
10
order of protection in the records of a child who is a
11
protected person under the order of protection, or may employ
12
any other method to identify the records to which a respondent
13
is prohibited access. No health care facility or health care
14
practitioner shall be civilly or professionally liable for
15
reliance on a copy of an order of protection, except for
16
willful and wanton misconduct.
17
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25
.)

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