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HB 5787

Illinois House•In House Committee

Summary

HB 5787, “PROTECTIVE ORDERS-SERVICE”, was introduced in the House on May 21, 2026 by Rep. David Friess (R). It was referred to Rules, and last saw action on May 21, 2026: Referred to Rules Committee.

Record

Text

HB 5787 has no co-sponsors and has not gone to a roll call.

hb5787/introduced.txt
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Full Text of HB5787
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	HB5787 - 104th General Assembly
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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
    AN ACT concerning protective orders.
    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 Section 112A-22 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 protective
order, the clerk shall immediately, or on the next court day if
an ex parte order is issued under subsection (e) of Section
112A-17.5 of this Code, (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 and
to petitioner, if present, and to the State's Attorney. If the
victim is not present the State's Attorney shall (i) as soon as
practicable notify the petitioner the order has been entered
and (ii) provide a file stamped copy of the order to the
petitioner within 3 days.
    (b) Filing with sheriff. The clerk of the issuing judge
shall, on the same day that a protective order is issued, file
a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois State Police
records or charged with serving the order upon respondent. If
		HB5787	- 2 -	LRB104 21928 RLC 37834 b
the order was issued under subsection (e) of Section 112A-17.5
of this Code, the clerk on the next court day shall file a
certified copy of the order with the sheriff or other law
enforcement officials charged with maintaining Illinois State
Police records.
    (c) (Blank).
    (c-1) Service at hearing. Notice and service of a 
protective order 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 protective 
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 protective 
order.
    (c-2) 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 the
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, special process server, or other persons defined in
Section 112A-22.1 of this Code may serve the respondent with a
short form notification as provided in Section 112A-22.1 of
this Code. If process has not yet been served upon the
respondent, process shall be served with the order or short
		HB5787	- 3 -	LRB104 21928 RLC 37834 b
form notification if the service is made by the sheriff, other
law enforcement official, or special process server.
    (c-3) If the person against whom the protective order is
issued is arrested and the written order is issued under
subsection (e) of Section 112A-17.5 of this Code and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agency 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 a hearing on the
petition for protective order or receipt of the order issued
under Section 112A-17 of this Code.
    (c-4) Extensions, modifications, and revocations. Any
order extending, modifying, or revoking any protective order
shall be promptly recorded, issued, and served as provided in
this Section.
    (c-5) (Blank).
    (d) (Blank).
    (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
protective order 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
		HB5787	- 4 -	LRB104 21928 RLC 37834 b
practitioners. After receiving a certified copy of a
protective order 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 protective order, 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 protective order
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
protective order in the records of a child who is a protected
person under the protective order, 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 a protective order, except for willful
and wanton misconduct.
    (g) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of a protective order, the
clerk of the issuing judge shall send a certified copy of the
protective order 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
		HB5787	- 5 -	LRB104 21928 RLC 37834 b
which any child who is a protected person under the protective
order 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 a protective order 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 protective order in the records of a child who is a
protected person under the order. When a child who is a
protected person under the protective order transfers to
another day-care facility, pre-school, pre-kindergarten,
public or private school, college, or university, the
		HB5787	- 6 -	LRB104 21928 RLC 37834 b
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 protective order, along with a
certified copy of the order, to the institution to which the
child is transferring.
(Source: P.A. 102-538, eff. 8-20-21.)
    Section 10. 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 (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 or other law enforcement
officials. 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
Illinois State Police records or charged with serving the
order upon respondent or executing any search warrant issued
under paragraph (14.5) of subsection (b) of Section 214 of
this Act. If a search warrant is issued under paragraph (14.5)
		HB5787	- 7 -	LRB104 21928 RLC 37834 b
of subsection (b) of Section 214 of this Act, the clerk of the
issuing judge shall, or the petitioner may, on the same day
that the warrant is issued, transmit the warrant to the law
enforcement agency to which the warrant is directed. If the
respondent, at the time of the issuance of the order, is
committed to the custody of the Illinois Department of
Corrections or Illinois Department of Juvenile Justice or is
on parole, aftercare release, or mandatory supervised release,
the sheriff or other law enforcement officials charged with
maintaining Illinois State Police records shall notify the
Department of Corrections or Department of Juvenile Justice
within 48 hours of receipt of a copy of the order of protection
from the clerk of the issuing judge or the petitioner. Such
notice shall include the name of the respondent, the
respondent's IDOC inmate number or IDJJ youth identification
number, the respondent's date of birth, and the LEADS Record
Index Number.
    (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, special process server, or other persons defined in
Section 222.10 may serve the respondent with a short form
		HB5787	- 8 -	LRB104 21928 RLC 37834 b
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-1) Notice and service of 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 of protection, 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 of protection.
    (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.
		HB5787	- 9 -	LRB104 21928 RLC 37834 b
    (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
		HB5787	- 10 -	LRB104 21928 RLC 37834 b
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
		HB5787	- 11 -	LRB104 21928 RLC 37834 b
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. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)

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.

Sponsors

Rep. David Friess (R) sponsors HB 5787 alone.

David Friess

Rep. · R–115 · Sponsor

Committees

HB 5787 went before 1 committee: Rules.

Rules
Rules
Referred to · May 21, 2026 · 5,290 Bills

History

HB 5787 has taken 3 actions since May 21, 2026.

ChamberAction
May 21, 2026
House
Filed with the Clerk by Rep. David Friess
May 21, 2026
House
First Reading
May 21, 2026
House
Referred to Rules Committee

Votes

HB 5787 has not gone to a roll call.

Source: ilga.gov · legiscan.com