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HB 3463

ORDER OF PROTECTION-SCHOOLS

104th Regular Session Introduced by Harry Benton and 2 co-sponsors

HB 3463 strengthens protective orders involving children by requiring 24-hour delivery to schools/daycares and school resource officers, improving safety coordination.

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 3463

Summary — HB 3463 (ORDER OF PROTECTION‑SCHOOLS)

Status and timeline
- Bill introduced: February 2025 (House sponsor Rep. Sharon Chung; co‑sponsors Rep. Harry Benton and Rep. Janet Yang Rohr).
- Enacted: Signed by the Governor June 20, 2025.
- Effective date: September 1, 2025.
- Statutory changes amend: School Code (105 ILCS 5/10‑22.3c), Code of Criminal Procedure (725 ILCS 5/112A‑11.5), and the Illinois Domestic Violence Act (750 ILCS 60/222).

Purpose and intent
- To clarify procedural rules for issuance of protective orders and to improve notice and record handling when an order of protection involves a child and a school or daycare. The bill also creates a specific opportunity for respondents to rebut certain prima facie showings used to issue emergency protective relief.

Key provisions
1. School resource officer notification (School Code — 105 ILCS 5/10‑22.3c)
- If a school district receives a certified order of protection that protects the identity and location of a school attended by the petitioner’s child(ren), the district must notify and deliver a copy of the order to the school resource officer (as defined in Section 10‑22.68).

  1. Modifications to issuance of protective orders (Criminal Procedure — 725 ILCS 5/112A‑11.5)

    • Identifies categories of prima facie evidence that may support issuance (e.g., charging instruments, adjudications, dispositional orders, prior protective orders).
    • Creates an express procedure for the respondent to rebut prima facie evidence arising from a charging document by asserting a “meritorious defense.” The respondent must file a verified written notice and affidavit describing the evidence to be presented. If the court finds the meritorious defense by a preponderance, it may decline to issue the protective order.
    • Confirms that minors may be petitioners or respondents and that courts may not require physical injury to issue a protective order.
    • Requires the court, when issuing a final protective order that affects a child protected under the order, to ask the petitioner whether the order should be sent to the child’s school or daycare (referral to Section 112A‑22).

  2. Notice to schools and related clerical duties (Illinois Domestic Violence Act — 750 ILCS 60/222)

    • Requires the clerk, upon petitioner request, to send a certified copy of an order of protection to daycare, pre‑K/private schools, the principal office of the public school district, or institutions of higher education where a protected child or petitioner’s child is enrolled — within 24 hours of issuance. Includes procedures for notifying schools when a child transfers enrollment.

Who is affected
- Petitioners and respondents in domestic‑violence, sexual‑offense, and stalking protective‑order proceedings (including minors).
- Circuit court clerks (additional short‑term notice duties).
- School districts, schools, daycares, colleges/universities (receipt and record‑keeping of protective orders).
- School resource officers and law enforcement responsible for service/recording of orders.
- Juvenile and correctional custodial agencies in custody/notification contexts.

Practical impact
- Strengthens and clarifies how protective orders involving children are routed to schools/daycares and to school resource officers, aiming to improve safety coordination.
- Adds a documented mechanism for respondents to rebut certain prima facie showings before an order issues, which may affect issuance rates and hearing procedures.
- Imposes time‑sensitive clerical notification duties (24‑hour rule) that courts and clerks must implement.

Compiled from official sources — confirm details with the bill’s official record.

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