101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3142

 

Introduced , by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-6  from Ch. 38, par. 24-6
725 ILCS 5/112A-14  from Ch. 38, par. 112A-14
750 ILCS 60/214  from Ch. 40, par. 2312-14
765 ILCS 1030/2  from Ch. 141, par. 142

    Amends the Criminal Code of 2012. Provides that after the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, a weapon transferred to a law enforcement agency may be sold by the law enforcement agency at public auction under the Law Enforcement Disposition of Property Act. Amends the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that upon expiration of the period of safekeeping of a firearm of a respondent against whom an order of protection was issued, if the firearms or Firearm Owner's Identification Card cannot be returned to respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to sell the firearm at public auction under the provisions of the Law Enforcement Disposition of Property Act. Amends the Law Enforcement Disposition of Property Act. Provides that weapons that have been confiscated as a result of having been abandoned or illegally possessed may be sold at public auction under the Act.


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A BILL FOR

 

HB3142LRB101 04618 SLF 49626 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-6 as follows:
 
6    (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)
7    Sec. 24-6. Confiscation and disposition of weapons.
8    (a) Upon conviction of an offense in which a weapon was
9used or possessed by the offender, any weapon seized shall be
10confiscated by the trial court.
11    (b) Any stolen weapon so confiscated, when no longer needed
12for evidentiary purposes, shall be returned to the person
13entitled to possession, if known. After the disposition of a
14criminal case or in any criminal case where a final judgment in
15the case was not entered due to the death of the defendant, and
16when a confiscated weapon is no longer needed for evidentiary
17purposes, and when in due course no legitimate claim has been
18made for the weapon, the court may transfer the weapon to the
19sheriff of the county who may proceed to destroy it, or may in
20its discretion order the weapon preserved as property of the
21governmental body whose police agency seized the weapon, or may
22in its discretion order the weapon to be transferred to the
23Department of State Police for use by the crime laboratory

 

 

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1system, for training purposes, or for any other application as
2deemed appropriate by the Department. A weapon transferred to a
3law enforcement agency under this Section may be sold by the
4law enforcement agency at public auction under Section 3 of the
5Law Enforcement Disposition of Property Act. If, after the
6disposition of a criminal case, a need still exists for the use
7of the confiscated weapon for evidentiary purposes, the court
8may transfer the weapon to the custody of the State Department
9of Corrections for preservation. The court may not order the
10transfer of the weapon to any private individual or private
11organization other than to return a stolen weapon to its
12rightful owner.
13    The provisions of this Section shall not apply to
14violations of the Fish and Aquatic Life Code or the Wildlife
15Code. Confiscation of weapons for Fish and Aquatic Life Code
16and Wildlife Code violations shall be only as provided in those
17Codes.
18    (c) Any mental hospital that admits a person as an
19inpatient pursuant to any of the provisions of the Mental
20Health and Developmental Disabilities Code shall confiscate
21any firearms in the possession of that person at the time of
22admission, or at any time the firearms are discovered in the
23person's possession during the course of hospitalization. The
24hospital shall, as soon as possible following confiscation,
25transfer custody of the firearms to the appropriate law
26enforcement agency. The hospital shall give written notice to

 

 

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1the person from whom the firearm was confiscated of the
2identity and address of the law enforcement agency to which it
3has given the firearm.
4    The law enforcement agency shall maintain possession of any
5firearm it obtains pursuant to this subsection for a minimum of
690 days. Thereafter, the firearm may be disposed of pursuant to
7the provisions of subsection (b) of this Section.
8(Source: P.A. 91-696, eff. 4-13-00.)
 
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 112A-14 as follows:
 
11    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
12    Sec. 112A-14. Domestic violence order of protection;
13remedies.
14    (a) (Blank).
15    (b) The court may order any of the remedies listed in this
16subsection (b). The remedies listed in this subsection (b)
17shall be in addition to other civil or criminal remedies
18available to petitioner.
19        (1) Prohibition of abuse. Prohibit respondent's
20    harassment, interference with personal liberty,
21    intimidation of a dependent, physical abuse, or willful
22    deprivation, as defined in this Article, if such abuse has
23    occurred or otherwise appears likely to occur if not
24    prohibited.

 

 

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1        (2) Grant of exclusive possession of residence.
2    Prohibit respondent from entering or remaining in any
3    residence, household, or premises of the petitioner,
4    including one owned or leased by respondent, if petitioner
5    has a right to occupancy thereof. The grant of exclusive
6    possession of the residence, household, or premises shall
7    not affect title to real property, nor shall the court be
8    limited by the standard set forth in subsection (c-2) of
9    Section 501 of the Illinois Marriage and Dissolution of
10    Marriage Act.
11            (A) Right to occupancy. A party has a right to
12        occupancy of a residence or household if it is solely
13        or jointly owned or leased by that party, that party's
14        spouse, a person with a legal duty to support that
15        party or a minor child in that party's care, or by any
16        person or entity other than the opposing party that
17        authorizes that party's occupancy (e.g., a domestic
18        violence shelter). Standards set forth in subparagraph
19        (B) shall not preclude equitable relief.
20            (B) Presumption of hardships. If petitioner and
21        respondent each has the right to occupancy of a
22        residence or household, the court shall balance (i) the
23        hardships to respondent and any minor child or
24        dependent adult in respondent's care resulting from
25        entry of this remedy with (ii) the hardships to
26        petitioner and any minor child or dependent adult in

 

 

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1        petitioner's care resulting from continued exposure to
2        the risk of abuse (should petitioner remain at the
3        residence or household) or from loss of possession of
4        the residence or household (should petitioner leave to
5        avoid the risk of abuse). When determining the balance
6        of hardships, the court shall also take into account
7        the accessibility of the residence or household.
8        Hardships need not be balanced if respondent does not
9        have a right to occupancy.
10            The balance of hardships is presumed to favor
11        possession by petitioner unless the presumption is
12        rebutted by a preponderance of the evidence, showing
13        that the hardships to respondent substantially
14        outweigh the hardships to petitioner and any minor
15        child or dependent adult in petitioner's care. The
16        court, on the request of petitioner or on its own
17        motion, may order respondent to provide suitable,
18        accessible, alternate housing for petitioner instead
19        of excluding respondent from a mutual residence or
20        household.
21        (3) Stay away order and additional prohibitions. Order
22    respondent to stay away from petitioner or any other person
23    protected by the domestic violence order of protection, or
24    prohibit respondent from entering or remaining present at
25    petitioner's school, place of employment, or other
26    specified places at times when petitioner is present, or

 

 

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1    both, if reasonable, given the balance of hardships.
2    Hardships need not be balanced for the court to enter a
3    stay away order or prohibit entry if respondent has no
4    right to enter the premises.
5            (A) If a domestic violence order of protection
6        grants petitioner exclusive possession of the
7        residence, prohibits respondent from entering the
8        residence, or orders respondent to stay away from
9        petitioner or other protected persons, then the court
10        may allow respondent access to the residence to remove
11        items of clothing and personal adornment used
12        exclusively by respondent, medications, and other
13        items as the court directs. The right to access shall
14        be exercised on only one occasion as the court directs
15        and in the presence of an agreed-upon adult third party
16        or law enforcement officer.
17            (B) When the petitioner and the respondent attend
18        the same public, private, or non-public elementary,
19        middle, or high school, the court when issuing a
20        domestic violence order of protection and providing
21        relief shall consider the severity of the act, any
22        continuing physical danger or emotional distress to
23        the petitioner, the educational rights guaranteed to
24        the petitioner and respondent under federal and State
25        law, the availability of a transfer of the respondent
26        to another school, a change of placement or a change of

 

 

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1        program of the respondent, the expense, difficulty,
2        and educational disruption that would be caused by a
3        transfer of the respondent to another school, and any
4        other relevant facts of the case. The court may order
5        that the respondent not attend the public, private, or
6        non-public elementary, middle, or high school attended
7        by the petitioner, order that the respondent accept a
8        change of placement or change of program, as determined
9        by the school district or private or non-public school,
10        or place restrictions on the respondent's movements
11        within the school attended by the petitioner. The
12        respondent bears the burden of proving by a
13        preponderance of the evidence that a transfer, change
14        of placement, or change of program of the respondent is
15        not available. The respondent also bears the burden of
16        production with respect to the expense, difficulty,
17        and educational disruption that would be caused by a
18        transfer of the respondent to another school. A
19        transfer, change of placement, or change of program is
20        not unavailable to the respondent solely on the ground
21        that the respondent does not agree with the school
22        district's or private or non-public school's transfer,
23        change of placement, or change of program or solely on
24        the ground that the respondent fails or refuses to
25        consent or otherwise does not take an action required
26        to effectuate a transfer, change of placement, or

 

 

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1        change of program. When a court orders a respondent to
2        stay away from the public, private, or non-public
3        school attended by the petitioner and the respondent
4        requests a transfer to another attendance center
5        within the respondent's school district or private or
6        non-public school, the school district or private or
7        non-public school shall have sole discretion to
8        determine the attendance center to which the
9        respondent is transferred. If the court order results
10        in a transfer of the minor respondent to another
11        attendance center, a change in the respondent's
12        placement, or a change of the respondent's program, the
13        parents, guardian, or legal custodian of the
14        respondent is responsible for transportation and other
15        costs associated with the transfer or change.
16            (C) The court may order the parents, guardian, or
17        legal custodian of a minor respondent to take certain
18        actions or to refrain from taking certain actions to
19        ensure that the respondent complies with the order. If
20        the court orders a transfer of the respondent to
21        another school, the parents, guardian, or legal
22        custodian of the respondent is responsible for
23        transportation and other costs associated with the
24        change of school by the respondent.
25        (4) Counseling. Require or recommend the respondent to
26    undergo counseling for a specified duration with a social

 

 

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1    worker, psychologist, clinical psychologist, psychiatrist,
2    family service agency, alcohol or substance abuse program,
3    mental health center guidance counselor, agency providing
4    services to elders, program designed for domestic violence
5    abusers, or any other guidance service the court deems
6    appropriate. The court may order the respondent in any
7    intimate partner relationship to report to an Illinois
8    Department of Human Services protocol approved partner
9    abuse intervention program for an assessment and to follow
10    all recommended treatment.
11        (5) Physical care and possession of the minor child. In
12    order to protect the minor child from abuse, neglect, or
13    unwarranted separation from the person who has been the
14    minor child's primary caretaker, or to otherwise protect
15    the well-being of the minor child, the court may do either
16    or both of the following: (i) grant petitioner physical
17    care or possession of the minor child, or both, or (ii)
18    order respondent to return a minor child to, or not remove
19    a minor child from, the physical care of a parent or person
20    in loco parentis.
21        If the respondent is charged with abuse (as defined in
22    Section 112A-3 of this Code) of a minor child, there shall
23    be a rebuttable presumption that awarding physical care to
24    respondent would not be in the minor child's best interest.
25        (6) Temporary allocation of parental responsibilities
26    and significant decision-making responsibilities. Award

 

 

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1    temporary significant decision-making responsibility to
2    petitioner in accordance with this Section, the Illinois
3    Marriage and Dissolution of Marriage Act, the Illinois
4    Parentage Act of 2015, and this State's Uniform
5    Child-Custody Jurisdiction and Enforcement Act.
6        If the respondent is charged with abuse (as defined in
7    Section 112A-3 of this Code) of a minor child, there shall
8    be a rebuttable presumption that awarding temporary
9    significant decision-making responsibility to respondent
10    would not be in the child's best interest.
11        (7) Parenting time. Determine the parenting time, if
12    any, of respondent in any case in which the court awards
13    physical care or temporary significant decision-making
14    responsibility of a minor child to petitioner. The court
15    shall restrict or deny respondent's parenting time with a
16    minor child if the court finds that respondent has done or
17    is likely to do any of the following:
18            (i) abuse or endanger the minor child during
19        parenting time;
20            (ii) use the parenting time as an opportunity to
21        abuse or harass petitioner or petitioner's family or
22        household members;
23            (iii) improperly conceal or detain the minor
24        child; or
25            (iv) otherwise act in a manner that is not in the
26        best interests of the minor child.

 

 

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1        The court shall not be limited by the standards set
2    forth in Section 603.10 of the Illinois Marriage and
3    Dissolution of Marriage Act. If the court grants parenting
4    time, the order shall specify dates and times for the
5    parenting time to take place or other specific parameters
6    or conditions that are appropriate. No order for parenting
7    time shall refer merely to the term "reasonable parenting
8    time". Petitioner may deny respondent access to the minor
9    child if, when respondent arrives for parenting time,
10    respondent is under the influence of drugs or alcohol and
11    constitutes a threat to the safety and well-being of
12    petitioner or petitioner's minor children or is behaving in
13    a violent or abusive manner. If necessary to protect any
14    member of petitioner's family or household from future
15    abuse, respondent shall be prohibited from coming to
16    petitioner's residence to meet the minor child for
17    parenting time, and the petitioner and respondent shall
18    submit to the court their recommendations for reasonable
19    alternative arrangements for parenting time. A person may
20    be approved to supervise parenting time only after filing
21    an affidavit accepting that responsibility and
22    acknowledging accountability to the court.
23        (8) Removal or concealment of minor child. Prohibit
24    respondent from removing a minor child from the State or
25    concealing the child within the State.
26        (9) Order to appear. Order the respondent to appear in

 

 

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1    court, alone or with a minor child, to prevent abuse,
2    neglect, removal or concealment of the child, to return the
3    child to the custody or care of the petitioner, or to
4    permit any court-ordered interview or examination of the
5    child or the respondent.
6        (10) Possession of personal property. Grant petitioner
7    exclusive possession of personal property and, if
8    respondent has possession or control, direct respondent to
9    promptly make it available to petitioner, if:
10            (i) petitioner, but not respondent, owns the
11        property; or
12            (ii) the petitioner and respondent own the
13        property jointly; sharing it would risk abuse of
14        petitioner by respondent or is impracticable; and the
15        balance of hardships favors temporary possession by
16        petitioner.
17        If petitioner's sole claim to ownership of the property
18    is that it is marital property, the court may award
19    petitioner temporary possession thereof under the
20    standards of subparagraph (ii) of this paragraph only if a
21    proper proceeding has been filed under the Illinois
22    Marriage and Dissolution of Marriage Act, as now or
23    hereafter amended.
24        No order under this provision shall affect title to
25    property.
26        (11) Protection of property. Forbid the respondent

 

 

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1    from taking, transferring, encumbering, concealing,
2    damaging, or otherwise disposing of any real or personal
3    property, except as explicitly authorized by the court, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the petitioner and respondent own the
7        property jointly, and the balance of hardships favors
8        granting this remedy.
9        If petitioner's sole claim to ownership of the property
10    is that it is marital property, the court may grant
11    petitioner relief under subparagraph (ii) of this
12    paragraph only if a proper proceeding has been filed under
13    the Illinois Marriage and Dissolution of Marriage Act, as
14    now or hereafter amended.
15        The court may further prohibit respondent from
16    improperly using the financial or other resources of an
17    aged member of the family or household for the profit or
18    advantage of respondent or of any other person.
19        (11.5) Protection of animals. Grant the petitioner the
20    exclusive care, custody, or control of any animal owned,
21    possessed, leased, kept, or held by either the petitioner
22    or the respondent or a minor child residing in the
23    residence or household of either the petitioner or the
24    respondent and order the respondent to stay away from the
25    animal and forbid the respondent from taking,
26    transferring, encumbering, concealing, harming, or

 

 

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1    otherwise disposing of the animal.
2        (12) Order for payment of support. Order respondent to
3    pay temporary support for the petitioner or any child in
4    the petitioner's care or over whom the petitioner has been
5    allocated parental responsibility, when the respondent has
6    a legal obligation to support that person, in accordance
7    with the Illinois Marriage and Dissolution of Marriage Act,
8    which shall govern, among other matters, the amount of
9    support, payment through the clerk and withholding of
10    income to secure payment. An order for child support may be
11    granted to a petitioner with lawful physical care of a
12    child, or an order or agreement for physical care of a
13    child, prior to entry of an order allocating significant
14    decision-making responsibility. Such a support order shall
15    expire upon entry of a valid order allocating parental
16    responsibility differently and vacating petitioner's
17    significant decision-making responsibility unless
18    otherwise provided in the order.
19        (13) Order for payment of losses. Order respondent to
20    pay petitioner for losses suffered as a direct result of
21    the abuse. Such losses shall include, but not be limited
22    to, medical expenses, lost earnings or other support,
23    repair or replacement of property damaged or taken,
24    reasonable attorney's fees, court costs, and moving or
25    other travel expenses, including additional reasonable
26    expenses for temporary shelter and restaurant meals.

 

 

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1            (i) Losses affecting family needs. If a party is
2        entitled to seek maintenance, child support, or
3        property distribution from the other party under the
4        Illinois Marriage and Dissolution of Marriage Act, as
5        now or hereafter amended, the court may order
6        respondent to reimburse petitioner's actual losses, to
7        the extent that such reimbursement would be
8        "appropriate temporary relief", as authorized by
9        subsection (a)(3) of Section 501 of that Act.
10            (ii) Recovery of expenses. In the case of an
11        improper concealment or removal of a minor child, the
12        court may order respondent to pay the reasonable
13        expenses incurred or to be incurred in the search for
14        and recovery of the minor child, including, but not
15        limited to, legal fees, court costs, private
16        investigator fees, and travel costs.
17        (14) Prohibition of entry. Prohibit the respondent
18    from entering or remaining in the residence or household
19    while the respondent is under the influence of alcohol or
20    drugs and constitutes a threat to the safety and well-being
21    of the petitioner or the petitioner's children.
22        (14.5) Prohibition of firearm possession.
23            (A) A person who is subject to an existing domestic
24        violence order of protection issued under this Code may
25        not lawfully possess weapons under Section 8.2 of the
26        Firearm Owners Identification Card Act.

 

 

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1            (B) Any firearms in the possession of the
2        respondent, except as provided in subparagraph (C) of
3        this paragraph (14.5), shall be ordered by the court to
4        be turned over to a person with a valid Firearm Owner's
5        Identification Card for safekeeping. The court shall
6        issue an order that the respondent's Firearm Owner's
7        Identification Card be turned over to the local law
8        enforcement agency, which in turn shall immediately
9        mail the card to the Department of State Police Firearm
10        Owner's Identification Card Office for safekeeping.
11        The period of safekeeping shall be for the duration of
12        the domestic violence order of protection. The firearm
13        or firearms and Firearm Owner's Identification Card,
14        if unexpired, shall at the respondent's request be
15        returned to the respondent at expiration of the
16        domestic violence order of protection.
17            (C) If the respondent is a peace officer as defined
18        in Section 2-13 of the Criminal Code of 2012, the court
19        shall order that any firearms used by the respondent in
20        the performance of his or her duties as a peace officer
21        be surrendered to the chief law enforcement executive
22        of the agency in which the respondent is employed, who
23        shall retain the firearms for safekeeping for the
24        duration of the domestic violence order of protection.
25            (D) Upon expiration of the period of safekeeping,
26        if the firearms or Firearm Owner's Identification Card

 

 

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1        cannot be returned to respondent because respondent
2        cannot be located, fails to respond to requests to
3        retrieve the firearms, or is not lawfully eligible to
4        possess a firearm, upon petition from the local law
5        enforcement agency, the court may order the local law
6        enforcement agency to destroy the firearms, use the
7        firearms for training purposes, or for any other
8        application as deemed appropriate by the local law
9        enforcement agency, including a sale at public auction
10        under the provisions of the Law Enforcement
11        Disposition of Property Act; or that the firearms be
12        turned over to a third party who is lawfully eligible
13        to possess firearms, and who does not reside with
14        respondent.
15        (15) Prohibition of access to records. If a domestic
16    violence order of protection prohibits respondent from
17    having contact with the minor child, or if petitioner's
18    address is omitted under subsection (b) of Section 112A-5
19    of this Code, or if necessary to prevent abuse or wrongful
20    removal or concealment of a minor child, the order shall
21    deny respondent access to, and prohibit respondent from
22    inspecting, obtaining, or attempting to inspect or obtain,
23    school or any other records of the minor child who is in
24    the care of petitioner.
25        (16) Order for payment of shelter services. Order
26    respondent to reimburse a shelter providing temporary

 

 

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1    housing and counseling services to the petitioner for the
2    cost of the services, as certified by the shelter and
3    deemed reasonable by the court.
4        (17) Order for injunctive relief. Enter injunctive
5    relief necessary or appropriate to prevent further abuse of
6    a family or household member or to effectuate one of the
7    granted remedies, if supported by the balance of hardships.
8    If the harm to be prevented by the injunction is abuse or
9    any other harm that one of the remedies listed in
10    paragraphs (1) through (16) of this subsection is designed
11    to prevent, no further evidence is necessary to establish
12    that the harm is an irreparable injury.
13        (18) Telephone services.
14            (A) Unless a condition described in subparagraph
15        (B) of this paragraph exists, the court may, upon
16        request by the petitioner, order a wireless telephone
17        service provider to transfer to the petitioner the
18        right to continue to use a telephone number or numbers
19        indicated by the petitioner and the financial
20        responsibility associated with the number or numbers,
21        as set forth in subparagraph (C) of this paragraph. In
22        this paragraph (18), the term "wireless telephone
23        service provider" means a provider of commercial
24        mobile service as defined in 47 U.S.C. 332. The
25        petitioner may request the transfer of each telephone
26        number that the petitioner, or a minor child in his or

 

 

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1        her custody, uses. The clerk of the court shall serve
2        the order on the wireless telephone service provider's
3        agent for service of process provided to the Illinois
4        Commerce Commission. The order shall contain all of the
5        following:
6                (i) The name and billing telephone number of
7            the account holder including the name of the
8            wireless telephone service provider that serves
9            the account.
10                (ii) Each telephone number that will be
11            transferred.
12                (iii) A statement that the provider transfers
13            to the petitioner all financial responsibility for
14            and right to the use of any telephone number
15            transferred under this paragraph.
16            (B) A wireless telephone service provider shall
17        terminate the respondent's use of, and shall transfer
18        to the petitioner use of, the telephone number or
19        numbers indicated in subparagraph (A) of this
20        paragraph unless it notifies the petitioner, within 72
21        hours after it receives the order, that one of the
22        following applies:
23                (i) The account holder named in the order has
24            terminated the account.
25                (ii) A difference in network technology would
26            prevent or impair the functionality of a device on

 

 

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1            a network if the transfer occurs.
2                (iii) The transfer would cause a geographic or
3            other limitation on network or service provision
4            to the petitioner.
5                (iv) Another technological or operational
6            issue would prevent or impair the use of the
7            telephone number if the transfer occurs.
8            (C) The petitioner assumes all financial
9        responsibility for and right to the use of any
10        telephone number transferred under this paragraph. In
11        this paragraph, "financial responsibility" includes
12        monthly service costs and costs associated with any
13        mobile device associated with the number.
14            (D) A wireless telephone service provider may
15        apply to the petitioner its routine and customary
16        requirements for establishing an account or
17        transferring a number, including requiring the
18        petitioner to provide proof of identification,
19        financial information, and customer preferences.
20            (E) Except for willful or wanton misconduct, a
21        wireless telephone service provider is immune from
22        civil liability for its actions taken in compliance
23        with a court order issued under this paragraph.
24            (F) All wireless service providers that provide
25        services to residential customers shall provide to the
26        Illinois Commerce Commission the name and address of an

 

 

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1        agent for service of orders entered under this
2        paragraph (18). Any change in status of the registered
3        agent must be reported to the Illinois Commerce
4        Commission within 30 days of such change.
5            (G) The Illinois Commerce Commission shall
6        maintain the list of registered agents for service for
7        each wireless telephone service provider on the
8        Commission's website. The Commission may consult with
9        wireless telephone service providers and the Circuit
10        Court Clerks on the manner in which this information is
11        provided and displayed.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including, but not limited to, the
16    following:
17            (i) the nature, frequency, severity, pattern, and
18        consequences of the respondent's past abuse of the
19        petitioner or any family or household member,
20        including the concealment of his or her location in
21        order to evade service of process or notice, and the
22        likelihood of danger of future abuse to petitioner or
23        any member of petitioner's or respondent's family or
24        household; and
25            (ii) the danger that any minor child will be abused
26        or neglected or improperly relocated from the

 

 

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1        jurisdiction, improperly concealed within the State,
2        or improperly separated from the child's primary
3        caretaker.
4        (2) In comparing relative hardships resulting to the
5    parties from loss of possession of the family home, the
6    court shall consider relevant factors, including, but not
7    limited to, the following:
8            (i) availability, accessibility, cost, safety,
9        adequacy, location, and other characteristics of
10        alternate housing for each party and any minor child or
11        dependent adult in the party's care;
12            (ii) the effect on the party's employment; and
13            (iii) the effect on the relationship of the party,
14        and any minor child or dependent adult in the party's
15        care, to family, school, church, and community.
16        (3) Subject to the exceptions set forth in paragraph
17    (4) of this subsection (c), the court shall make its
18    findings in an official record or in writing, and shall at
19    a minimum set forth the following:
20            (i) That the court has considered the applicable
21        relevant factors described in paragraphs (1) and (2) of
22        this subsection (c).
23            (ii) Whether the conduct or actions of respondent,
24        unless prohibited, will likely cause irreparable harm
25        or continued abuse.
26            (iii) Whether it is necessary to grant the

 

 

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1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) (Blank).
4        (5) Never married parties. No rights or
5    responsibilities for a minor child born outside of marriage
6    attach to a putative father until a father and child
7    relationship has been established under the Illinois
8    Parentage Act of 1984, the Illinois Parentage Act of 2015,
9    the Illinois Public Aid Code, Section 12 of the Vital
10    Records Act, the Juvenile Court Act of 1987, the Probate
11    Act of 1975, the Uniform Interstate Family Support Act, the
12    Expedited Child Support Act of 1990, any judicial,
13    administrative, or other act of another state or territory,
14    any other statute of this State, or by any foreign nation
15    establishing the father and child relationship, any other
16    proceeding substantially in conformity with the federal
17    Personal Responsibility and Work Opportunity
18    Reconciliation Act of 1996, or when both parties appeared
19    in open court or at an administrative hearing acknowledging
20    under oath or admitting by affirmation the existence of a
21    father and child relationship. Absent such an
22    adjudication, no putative father shall be granted
23    temporary allocation of parental responsibilities,
24    including parenting time with the minor child, or physical
25    care and possession of the minor child, nor shall an order
26    of payment for support of the minor child be entered.

 

 

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1    (d) Balance of hardships; findings. If the court finds that
2the balance of hardships does not support the granting of a
3remedy governed by paragraph (2), (3), (10), (11), or (16) of
4subsection (b) of this Section, which may require such
5balancing, the court's findings shall so indicate and shall
6include a finding as to whether granting the remedy will result
7in hardship to respondent that would substantially outweigh the
8hardship to petitioner from denial of the remedy. The findings
9shall be an official record or in writing.
10    (e) Denial of remedies. Denial of any remedy shall not be
11based, in whole or in part, on evidence that:
12        (1) respondent has cause for any use of force, unless
13    that cause satisfies the standards for justifiable use of
14    force provided by Article 7 of the Criminal Code of 2012;
15        (2) respondent was voluntarily intoxicated;
16        (3) petitioner acted in self-defense or defense of
17    another, provided that, if petitioner utilized force, such
18    force was justifiable under Article 7 of the Criminal Code
19    of 2012;
20        (4) petitioner did not act in self-defense or defense
21    of another;
22        (5) petitioner left the residence or household to avoid
23    further abuse by respondent;
24        (6) petitioner did not leave the residence or household
25    to avoid further abuse by respondent; or
26        (7) conduct by any family or household member excused

 

 

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1    the abuse by respondent, unless that same conduct would
2    have excused such abuse if the parties had not been family
3    or household members.
4(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
5100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff.
68-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)
 
7    Section 15. The Illinois Domestic Violence Act of 1986 is
8amended by changing Section 214 as follows:
 
9    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
10    Sec. 214. Order of protection; remedies.
11    (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member or that
13petitioner is a high-risk adult who has been abused, neglected,
14or exploited, as defined in this Act, an order of protection
15prohibiting the abuse, neglect, or exploitation shall issue;
16provided that petitioner must also satisfy the requirements of
17one of the following Sections, as appropriate: Section 217 on
18emergency orders, Section 218 on interim orders, or Section 219
19on plenary orders. Petitioner shall not be denied an order of
20protection because petitioner or respondent is a minor. The
21court, when determining whether or not to issue an order of
22protection, shall not require physical manifestations of abuse
23on the person of the victim. Modification and extension of
24prior orders of protection shall be in accordance with this

 

 

HB3142- 26 -LRB101 04618 SLF 49626 b

1Act.
2    (b) Remedies and standards. The remedies to be included in
3an order of protection shall be determined in accordance with
4this Section and one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim orders,
6and Section 219 on plenary orders. The remedies listed in this
7subsection shall be in addition to other civil or criminal
8remedies available to petitioner.
9        (1) Prohibition of abuse, neglect, or exploitation.
10    Prohibit respondent's harassment, interference with
11    personal liberty, intimidation of a dependent, physical
12    abuse, or willful deprivation, neglect or exploitation, as
13    defined in this Act, or stalking of the petitioner, as
14    defined in Section 12-7.3 of the Criminal Code of 2012, if
15    such abuse, neglect, exploitation, or stalking has
16    occurred or otherwise appears likely to occur if not
17    prohibited.
18        (2) Grant of exclusive possession of residence.
19    Prohibit respondent from entering or remaining in any
20    residence, household, or premises of the petitioner,
21    including one owned or leased by respondent, if petitioner
22    has a right to occupancy thereof. The grant of exclusive
23    possession of the residence, household, or premises shall
24    not affect title to real property, nor shall the court be
25    limited by the standard set forth in subsection (c-2) of
26    Section 501 of the Illinois Marriage and Dissolution of

 

 

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1    Marriage Act.
2            (A) Right to occupancy. A party has a right to
3        occupancy of a residence or household if it is solely
4        or jointly owned or leased by that party, that party's
5        spouse, a person with a legal duty to support that
6        party or a minor child in that party's care, or by any
7        person or entity other than the opposing party that
8        authorizes that party's occupancy (e.g., a domestic
9        violence shelter). Standards set forth in subparagraph
10        (B) shall not preclude equitable relief.
11            (B) Presumption of hardships. If petitioner and
12        respondent each has the right to occupancy of a
13        residence or household, the court shall balance (i) the
14        hardships to respondent and any minor child or
15        dependent adult in respondent's care resulting from
16        entry of this remedy with (ii) the hardships to
17        petitioner and any minor child or dependent adult in
18        petitioner's care resulting from continued exposure to
19        the risk of abuse (should petitioner remain at the
20        residence or household) or from loss of possession of
21        the residence or household (should petitioner leave to
22        avoid the risk of abuse). When determining the balance
23        of hardships, the court shall also take into account
24        the accessibility of the residence or household.
25        Hardships need not be balanced if respondent does not
26        have a right to occupancy.

 

 

HB3142- 28 -LRB101 04618 SLF 49626 b

1            The balance of hardships is presumed to favor
2        possession by petitioner unless the presumption is
3        rebutted by a preponderance of the evidence, showing
4        that the hardships to respondent substantially
5        outweigh the hardships to petitioner and any minor
6        child or dependent adult in petitioner's care. The
7        court, on the request of petitioner or on its own
8        motion, may order respondent to provide suitable,
9        accessible, alternate housing for petitioner instead
10        of excluding respondent from a mutual residence or
11        household.
12        (3) Stay away order and additional prohibitions. Order
13    respondent to stay away from petitioner or any other person
14    protected by the order of protection, or prohibit
15    respondent from entering or remaining present at
16    petitioner's school, place of employment, or other
17    specified places at times when petitioner is present, or
18    both, if reasonable, given the balance of hardships.
19    Hardships need not be balanced for the court to enter a
20    stay away order or prohibit entry if respondent has no
21    right to enter the premises.
22            (A) If an order of protection grants petitioner
23        exclusive possession of the residence, or prohibits
24        respondent from entering the residence, or orders
25        respondent to stay away from petitioner or other
26        protected persons, then the court may allow respondent

 

 

HB3142- 29 -LRB101 04618 SLF 49626 b

1        access to the residence to remove items of clothing and
2        personal adornment used exclusively by respondent,
3        medications, and other items as the court directs. The
4        right to access shall be exercised on only one occasion
5        as the court directs and in the presence of an
6        agreed-upon adult third party or law enforcement
7        officer.
8            (B) When the petitioner and the respondent attend
9        the same public, private, or non-public elementary,
10        middle, or high school, the court when issuing an order
11        of protection and providing relief shall consider the
12        severity of the act, any continuing physical danger or
13        emotional distress to the petitioner, the educational
14        rights guaranteed to the petitioner and respondent
15        under federal and State law, the availability of a
16        transfer of the respondent to another school, a change
17        of placement or a change of program of the respondent,
18        the expense, difficulty, and educational disruption
19        that would be caused by a transfer of the respondent to
20        another school, and any other relevant facts of the
21        case. The court may order that the respondent not
22        attend the public, private, or non-public elementary,
23        middle, or high school attended by the petitioner,
24        order that the respondent accept a change of placement
25        or change of program, as determined by the school
26        district or private or non-public school, or place

 

 

HB3142- 30 -LRB101 04618 SLF 49626 b

1        restrictions on the respondent's movements within the
2        school attended by the petitioner. The respondent
3        bears the burden of proving by a preponderance of the
4        evidence that a transfer, change of placement, or
5        change of program of the respondent is not available.
6        The respondent also bears the burden of production with
7        respect to the expense, difficulty, and educational
8        disruption that would be caused by a transfer of the
9        respondent to another school. A transfer, change of
10        placement, or change of program is not unavailable to
11        the respondent solely on the ground that the respondent
12        does not agree with the school district's or private or
13        non-public school's transfer, change of placement, or
14        change of program or solely on the ground that the
15        respondent fails or refuses to consent or otherwise
16        does not take an action required to effectuate a
17        transfer, change of placement, or change of program.
18        When a court orders a respondent to stay away from the
19        public, private, or non-public school attended by the
20        petitioner and the respondent requests a transfer to
21        another attendance center within the respondent's
22        school district or private or non-public school, the
23        school district or private or non-public school shall
24        have sole discretion to determine the attendance
25        center to which the respondent is transferred. In the
26        event the court order results in a transfer of the

 

 

HB3142- 31 -LRB101 04618 SLF 49626 b

1        minor respondent to another attendance center, a
2        change in the respondent's placement, or a change of
3        the respondent's program, the parents, guardian, or
4        legal custodian of the respondent is responsible for
5        transportation and other costs associated with the
6        transfer or change.
7            (C) The court may order the parents, guardian, or
8        legal custodian of a minor respondent to take certain
9        actions or to refrain from taking certain actions to
10        ensure that the respondent complies with the order. In
11        the event the court orders a transfer of the respondent
12        to another school, the parents, guardian, or legal
13        custodian of the respondent is responsible for
14        transportation and other costs associated with the
15        change of school by the respondent.
16        (4) Counseling. Require or recommend the respondent to
17    undergo counseling for a specified duration with a social
18    worker, psychologist, clinical psychologist, psychiatrist,
19    family service agency, alcohol or substance abuse program,
20    mental health center guidance counselor, agency providing
21    services to elders, program designed for domestic violence
22    abusers or any other guidance service the court deems
23    appropriate. The Court may order the respondent in any
24    intimate partner relationship to report to an Illinois
25    Department of Human Services protocol approved partner
26    abuse intervention program for an assessment and to follow

 

 

HB3142- 32 -LRB101 04618 SLF 49626 b

1    all recommended treatment.
2        (5) Physical care and possession of the minor child. In
3    order to protect the minor child from abuse, neglect, or
4    unwarranted separation from the person who has been the
5    minor child's primary caretaker, or to otherwise protect
6    the well-being of the minor child, the court may do either
7    or both of the following: (i) grant petitioner physical
8    care or possession of the minor child, or both, or (ii)
9    order respondent to return a minor child to, or not remove
10    a minor child from, the physical care of a parent or person
11    in loco parentis.
12        If a court finds, after a hearing, that respondent has
13    committed abuse (as defined in Section 103) of a minor
14    child, there shall be a rebuttable presumption that
15    awarding physical care to respondent would not be in the
16    minor child's best interest.
17        (6) Temporary allocation of parental responsibilities:
18    significant decision-making. Award temporary
19    decision-making responsibility to petitioner in accordance
20    with this Section, the Illinois Marriage and Dissolution of
21    Marriage Act, the Illinois Parentage Act of 2015, and this
22    State's Uniform Child-Custody Jurisdiction and Enforcement
23    Act.
24        If a court finds, after a hearing, that respondent has
25    committed abuse (as defined in Section 103) of a minor
26    child, there shall be a rebuttable presumption that

 

 

HB3142- 33 -LRB101 04618 SLF 49626 b

1    awarding temporary significant decision-making
2    responsibility to respondent would not be in the child's
3    best interest.
4        (7) Parenting time. Determine the parenting time, if
5    any, of respondent in any case in which the court awards
6    physical care or allocates temporary significant
7    decision-making responsibility of a minor child to
8    petitioner. The court shall restrict or deny respondent's
9    parenting time with a minor child if the court finds that
10    respondent has done or is likely to do any of the
11    following: (i) abuse or endanger the minor child during
12    parenting time; (ii) use the parenting time as an
13    opportunity to abuse or harass petitioner or petitioner's
14    family or household members; (iii) improperly conceal or
15    detain the minor child; or (iv) otherwise act in a manner
16    that is not in the best interests of the minor child. The
17    court shall not be limited by the standards set forth in
18    Section 603.10 of the Illinois Marriage and Dissolution of
19    Marriage Act. If the court grants parenting time, the order
20    shall specify dates and times for the parenting time to
21    take place or other specific parameters or conditions that
22    are appropriate. No order for parenting time shall refer
23    merely to the term "reasonable parenting time".
24        Petitioner may deny respondent access to the minor
25    child if, when respondent arrives for parenting time,
26    respondent is under the influence of drugs or alcohol and

 

 

HB3142- 34 -LRB101 04618 SLF 49626 b

1    constitutes a threat to the safety and well-being of
2    petitioner or petitioner's minor children or is behaving in
3    a violent or abusive manner.
4        If necessary to protect any member of petitioner's
5    family or household from future abuse, respondent shall be
6    prohibited from coming to petitioner's residence to meet
7    the minor child for parenting time, and the parties shall
8    submit to the court their recommendations for reasonable
9    alternative arrangements for parenting time. A person may
10    be approved to supervise parenting time only after filing
11    an affidavit accepting that responsibility and
12    acknowledging accountability to the court.
13        (8) Removal or concealment of minor child. Prohibit
14    respondent from removing a minor child from the State or
15    concealing the child within the State.
16        (9) Order to appear. Order the respondent to appear in
17    court, alone or with a minor child, to prevent abuse,
18    neglect, removal or concealment of the child, to return the
19    child to the custody or care of the petitioner or to permit
20    any court-ordered interview or examination of the child or
21    the respondent.
22        (10) Possession of personal property. Grant petitioner
23    exclusive possession of personal property and, if
24    respondent has possession or control, direct respondent to
25    promptly make it available to petitioner, if:
26            (i) petitioner, but not respondent, owns the

 

 

HB3142- 35 -LRB101 04618 SLF 49626 b

1        property; or
2            (ii) the parties own the property jointly; sharing
3        it would risk abuse of petitioner by respondent or is
4        impracticable; and the balance of hardships favors
5        temporary possession by petitioner.
6        If petitioner's sole claim to ownership of the property
7    is that it is marital property, the court may award
8    petitioner temporary possession thereof under the
9    standards of subparagraph (ii) of this paragraph only if a
10    proper proceeding has been filed under the Illinois
11    Marriage and Dissolution of Marriage Act, as now or
12    hereafter amended.
13        No order under this provision shall affect title to
14    property.
15        (11) Protection of property. Forbid the respondent
16    from taking, transferring, encumbering, concealing,
17    damaging or otherwise disposing of any real or personal
18    property, except as explicitly authorized by the court, if:
19            (i) petitioner, but not respondent, owns the
20        property; or
21            (ii) the parties own the property jointly, and the
22        balance of hardships favors granting this remedy.
23        If petitioner's sole claim to ownership of the property
24    is that it is marital property, the court may grant
25    petitioner relief under subparagraph (ii) of this
26    paragraph only if a proper proceeding has been filed under

 

 

HB3142- 36 -LRB101 04618 SLF 49626 b

1    the Illinois Marriage and Dissolution of Marriage Act, as
2    now or hereafter amended.
3        The court may further prohibit respondent from
4    improperly using the financial or other resources of an
5    aged member of the family or household for the profit or
6    advantage of respondent or of any other person.
7        (11.5) Protection of animals. Grant the petitioner the
8    exclusive care, custody, or control of any animal owned,
9    possessed, leased, kept, or held by either the petitioner
10    or the respondent or a minor child residing in the
11    residence or household of either the petitioner or the
12    respondent and order the respondent to stay away from the
13    animal and forbid the respondent from taking,
14    transferring, encumbering, concealing, harming, or
15    otherwise disposing of the animal.
16        (12) Order for payment of support. Order respondent to
17    pay temporary support for the petitioner or any child in
18    the petitioner's care or over whom the petitioner has been
19    allocated parental responsibility, when the respondent has
20    a legal obligation to support that person, in accordance
21    with the Illinois Marriage and Dissolution of Marriage Act,
22    which shall govern, among other matters, the amount of
23    support, payment through the clerk and withholding of
24    income to secure payment. An order for child support may be
25    granted to a petitioner with lawful physical care of a
26    child, or an order or agreement for physical care of a

 

 

HB3142- 37 -LRB101 04618 SLF 49626 b

1    child, prior to entry of an order allocating significant
2    decision-making responsibility. Such a support order shall
3    expire upon entry of a valid order allocating parental
4    responsibility differently and vacating the petitioner's
5    significant decision-making authority, unless otherwise
6    provided in the order.
7        (13) Order for payment of losses. Order respondent to
8    pay petitioner for losses suffered as a direct result of
9    the abuse, neglect, or exploitation. Such losses shall
10    include, but not be limited to, medical expenses, lost
11    earnings or other support, repair or replacement of
12    property damaged or taken, reasonable attorney's fees,
13    court costs and moving or other travel expenses, including
14    additional reasonable expenses for temporary shelter and
15    restaurant meals.
16            (i) Losses affecting family needs. If a party is
17        entitled to seek maintenance, child support or
18        property distribution from the other party under the
19        Illinois Marriage and Dissolution of Marriage Act, as
20        now or hereafter amended, the court may order
21        respondent to reimburse petitioner's actual losses, to
22        the extent that such reimbursement would be
23        "appropriate temporary relief", as authorized by
24        subsection (a)(3) of Section 501 of that Act.
25            (ii) Recovery of expenses. In the case of an
26        improper concealment or removal of a minor child, the

 

 

HB3142- 38 -LRB101 04618 SLF 49626 b

1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including but not
4        limited to legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and well-being
10    of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (a) Prohibit a respondent against whom an order of
13        protection was issued from possessing any firearms
14        during the duration of the order if the order:
15                (1) was issued after a hearing of which such
16            person received actual notice, and at which such
17            person had an opportunity to participate;
18                (2) restrains such person from harassing,
19            stalking, or threatening an intimate partner of
20            such person or child of such intimate partner or
21            person, or engaging in other conduct that would
22            place an intimate partner in reasonable fear of
23            bodily injury to the partner or child; and
24                (3)(i) includes a finding that such person
25            represents a credible threat to the physical
26            safety of such intimate partner or child; or (ii)

 

 

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1            by its terms explicitly prohibits the use,
2            attempted use, or threatened use of physical force
3            against such intimate partner or child that would
4            reasonably be expected to cause bodily injury.
5        Any Firearm Owner's Identification Card in the
6        possession of the respondent, except as provided in
7        subsection (b), shall be ordered by the court to be
8        turned over to the local law enforcement agency. The
9        local law enforcement agency shall immediately mail
10        the card to the Department of State Police Firearm
11        Owner's Identification Card Office for safekeeping.
12        The court shall issue a warrant for seizure of any
13        firearm in the possession of the respondent, to be kept
14        by the local law enforcement agency for safekeeping,
15        except as provided in subsection (b). The period of
16        safekeeping shall be for the duration of the order of
17        protection. The firearm or firearms and Firearm
18        Owner's Identification Card, if unexpired, shall at
19        the respondent's request, be returned to the
20        respondent at the end of the order of protection. It is
21        the respondent's responsibility to notify the
22        Department of State Police Firearm Owner's
23        Identification Card Office.
24            (b) If the respondent is a peace officer as defined
25        in Section 2-13 of the Criminal Code of 2012, the court
26        shall order that any firearms used by the respondent in

 

 

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1        the performance of his or her duties as a peace officer
2        be surrendered to the chief law enforcement executive
3        of the agency in which the respondent is employed, who
4        shall retain the firearms for safekeeping for the
5        duration of the order of protection.
6            (c) Upon expiration of the period of safekeeping,
7        if the firearms or Firearm Owner's Identification Card
8        cannot be returned to respondent because respondent
9        cannot be located, fails to respond to requests to
10        retrieve the firearms, or is not lawfully eligible to
11        possess a firearm, upon petition from the local law
12        enforcement agency, the court may order the local law
13        enforcement agency to destroy the firearms, use the
14        firearms for training purposes, or for any other
15        application as deemed appropriate by the local law
16        enforcement agency, including a sale at public auction
17        under the provisions of the Law Enforcement
18        Disposition of Property Act; or that the firearms be
19        turned over to a third party who is lawfully eligible
20        to possess firearms, and who does not reside with
21        respondent.
22        (15) Prohibition of access to records. If an order of
23    protection prohibits respondent from having contact with
24    the minor child, or if petitioner's address is omitted
25    under subsection (b) of Section 203, or if necessary to
26    prevent abuse or wrongful removal or concealment of a minor

 

 

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1    child, the order shall deny respondent access to, and
2    prohibit respondent from inspecting, obtaining, or
3    attempting to inspect or obtain, school or any other
4    records of the minor child who is in the care of
5    petitioner.
6        (16) Order for payment of shelter services. Order
7    respondent to reimburse a shelter providing temporary
8    housing and counseling services to the petitioner for the
9    cost of the services, as certified by the shelter and
10    deemed reasonable by the court.
11        (17) Order for injunctive relief. Enter injunctive
12    relief necessary or appropriate to prevent further abuse of
13    a family or household member or further abuse, neglect, or
14    exploitation of a high-risk adult with disabilities or to
15    effectuate one of the granted remedies, if supported by the
16    balance of hardships. If the harm to be prevented by the
17    injunction is abuse or any other harm that one of the
18    remedies listed in paragraphs (1) through (16) of this
19    subsection is designed to prevent, no further evidence is
20    necessary that the harm is an irreparable injury.
21        (18) Telephone services.
22            (A) Unless a condition described in subparagraph
23        (B) of this paragraph exists, the court may, upon
24        request by the petitioner, order a wireless telephone
25        service provider to transfer to the petitioner the
26        right to continue to use a telephone number or numbers

 

 

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1        indicated by the petitioner and the financial
2        responsibility associated with the number or numbers,
3        as set forth in subparagraph (C) of this paragraph. For
4        purposes of this paragraph (18), the term "wireless
5        telephone service provider" means a provider of
6        commercial mobile service as defined in 47 U.S.C. 332.
7        The petitioner may request the transfer of each
8        telephone number that the petitioner, or a minor child
9        in his or her custody, uses. The clerk of the court
10        shall serve the order on the wireless telephone service
11        provider's agent for service of process provided to the
12        Illinois Commerce Commission. The order shall contain
13        all of the following:
14                (i) The name and billing telephone number of
15            the account holder including the name of the
16            wireless telephone service provider that serves
17            the account.
18                (ii) Each telephone number that will be
19            transferred.
20                (iii) A statement that the provider transfers
21            to the petitioner all financial responsibility for
22            and right to the use of any telephone number
23            transferred under this paragraph.
24            (B) A wireless telephone service provider shall
25        terminate the respondent's use of, and shall transfer
26        to the petitioner use of, the telephone number or

 

 

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1        numbers indicated in subparagraph (A) of this
2        paragraph unless it notifies the petitioner, within 72
3        hours after it receives the order, that one of the
4        following applies:
5                (i) The account holder named in the order has
6            terminated the account.
7                (ii) A difference in network technology would
8            prevent or impair the functionality of a device on
9            a network if the transfer occurs.
10                (iii) The transfer would cause a geographic or
11            other limitation on network or service provision
12            to the petitioner.
13                (iv) Another technological or operational
14            issue would prevent or impair the use of the
15            telephone number if the transfer occurs.
16            (C) The petitioner assumes all financial
17        responsibility for and right to the use of any
18        telephone number transferred under this paragraph. In
19        this paragraph, "financial responsibility" includes
20        monthly service costs and costs associated with any
21        mobile device associated with the number.
22            (D) A wireless telephone service provider may
23        apply to the petitioner its routine and customary
24        requirements for establishing an account or
25        transferring a number, including requiring the
26        petitioner to provide proof of identification,

 

 

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1        financial information, and customer preferences.
2            (E) Except for willful or wanton misconduct, a
3        wireless telephone service provider is immune from
4        civil liability for its actions taken in compliance
5        with a court order issued under this paragraph.
6            (F) All wireless service providers that provide
7        services to residential customers shall provide to the
8        Illinois Commerce Commission the name and address of an
9        agent for service of orders entered under this
10        paragraph (18). Any change in status of the registered
11        agent must be reported to the Illinois Commerce
12        Commission within 30 days of such change.
13            (G) The Illinois Commerce Commission shall
14        maintain the list of registered agents for service for
15        each wireless telephone service provider on the
16        Commission's website. The Commission may consult with
17        wireless telephone service providers and the Circuit
18        Court Clerks on the manner in which this information is
19        provided and displayed.
20    (c) Relevant factors; findings.
21        (1) In determining whether to grant a specific remedy,
22    other than payment of support, the court shall consider
23    relevant factors, including but not limited to the
24    following:
25            (i) the nature, frequency, severity, pattern and
26        consequences of the respondent's past abuse, neglect

 

 

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1        or exploitation of the petitioner or any family or
2        household member, including the concealment of his or
3        her location in order to evade service of process or
4        notice, and the likelihood of danger of future abuse,
5        neglect, or exploitation to petitioner or any member of
6        petitioner's or respondent's family or household; and
7            (ii) the danger that any minor child will be abused
8        or neglected or improperly relocated from the
9        jurisdiction, improperly concealed within the State or
10        improperly separated from the child's primary
11        caretaker.
12        (2) In comparing relative hardships resulting to the
13    parties from loss of possession of the family home, the
14    court shall consider relevant factors, including but not
15    limited to the following:
16            (i) availability, accessibility, cost, safety,
17        adequacy, location and other characteristics of
18        alternate housing for each party and any minor child or
19        dependent adult in the party's care;
20            (ii) the effect on the party's employment; and
21            (iii) the effect on the relationship of the party,
22        and any minor child or dependent adult in the party's
23        care, to family, school, church and community.
24        (3) Subject to the exceptions set forth in paragraph
25    (4) of this subsection, the court shall make its findings
26    in an official record or in writing, and shall at a minimum

 

 

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1    set forth the following:
2            (i) That the court has considered the applicable
3        relevant factors described in paragraphs (1) and (2) of
4        this subsection.
5            (ii) Whether the conduct or actions of respondent,
6        unless prohibited, will likely cause irreparable harm
7        or continued abuse.
8            (iii) Whether it is necessary to grant the
9        requested relief in order to protect petitioner or
10        other alleged abused persons.
11        (4) For purposes of issuing an ex parte emergency order
12    of protection, the court, as an alternative to or as a
13    supplement to making the findings described in paragraphs
14    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
15    the following procedure:
16        When a verified petition for an emergency order of
17    protection in accordance with the requirements of Sections
18    203 and 217 is presented to the court, the court shall
19    examine petitioner on oath or affirmation. An emergency
20    order of protection shall be issued by the court if it
21    appears from the contents of the petition and the
22    examination of petitioner that the averments are
23    sufficient to indicate abuse by respondent and to support
24    the granting of relief under the issuance of the emergency
25    order of protection.
26        (5) Never married parties. No rights or

 

 

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1    responsibilities for a minor child born outside of marriage
2    attach to a putative father until a father and child
3    relationship has been established under the Illinois
4    Parentage Act of 1984, the Illinois Parentage Act of 2015,
5    the Illinois Public Aid Code, Section 12 of the Vital
6    Records Act, the Juvenile Court Act of 1987, the Probate
7    Act of 1975, the Revised Uniform Reciprocal Enforcement of
8    Support Act, the Uniform Interstate Family Support Act, the
9    Expedited Child Support Act of 1990, any judicial,
10    administrative, or other act of another state or territory,
11    any other Illinois statute, or by any foreign nation
12    establishing the father and child relationship, any other
13    proceeding substantially in conformity with the Personal
14    Responsibility and Work Opportunity Reconciliation Act of
15    1996 (Pub. L. 104-193), or where both parties appeared in
16    open court or at an administrative hearing acknowledging
17    under oath or admitting by affirmation the existence of a
18    father and child relationship. Absent such an
19    adjudication, finding, or acknowledgment, no putative
20    father shall be granted temporary allocation of parental
21    responsibilities, including parenting time with the minor
22    child, or physical care and possession of the minor child,
23    nor shall an order of payment for support of the minor
24    child be entered.
25    (d) Balance of hardships; findings. If the court finds that
26the balance of hardships does not support the granting of a

 

 

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1remedy governed by paragraph (2), (3), (10), (11), or (16) of
2subsection (b) of this Section, which may require such
3balancing, the court's findings shall so indicate and shall
4include a finding as to whether granting the remedy will result
5in hardship to respondent that would substantially outweigh the
6hardship to petitioner from denial of the remedy. The findings
7shall be an official record or in writing.
8    (e) Denial of remedies. Denial of any remedy shall not be
9based, in whole or in part, on evidence that:
10        (1) Respondent has cause for any use of force, unless
11    that cause satisfies the standards for justifiable use of
12    force provided by Article 7 of the Criminal Code of 2012;
13        (2) Respondent was voluntarily intoxicated;
14        (3) Petitioner acted in self-defense or defense of
15    another, provided that, if petitioner utilized force, such
16    force was justifiable under Article 7 of the Criminal Code
17    of 2012;
18        (4) Petitioner did not act in self-defense or defense
19    of another;
20        (5) Petitioner left the residence or household to avoid
21    further abuse, neglect, or exploitation by respondent;
22        (6) Petitioner did not leave the residence or household
23    to avoid further abuse, neglect, or exploitation by
24    respondent;
25        (7) Conduct by any family or household member excused
26    the abuse, neglect, or exploitation by respondent, unless

 

 

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1    that same conduct would have excused such abuse, neglect,
2    or exploitation if the parties had not been family or
3    household members.
4(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
5eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
6100-923, eff. 1-1-19.)
 
7    Section 20. The Law Enforcement Disposition of Property Act
8is amended by changing Section 2 as follows:
 
9    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
10    Sec. 2. (a) Such property believed to be abandoned, lost or
11stolen or otherwise illegally possessed shall be retained in
12custody by the sheriff, chief of police or other principal
13official of the law enforcement agency, which shall make
14reasonable inquiry and efforts to identify and notify the owner
15or other person entitled to possession thereof, and shall
16return the property after such person provides reasonable and
17satisfactory proof of his ownership or right to possession and
18reimburses the agency for all reasonable expenses of such
19custody.
20    (b) Weapons that have been confiscated as a result of
21having been abandoned or illegally possessed may be sold at
22public auction under Section 3 of this Act; or transferred to
23the Department of State Police for use by the crime laboratory
24system, for training purposes, or for any other application as

 

 

HB3142- 50 -LRB101 04618 SLF 49626 b

1deemed appropriate by the Department, if no legitimate claim is
2made for the confiscated weapon within 6 months of the date of
3confiscation, or within 6 months of final court disposition if
4such confiscated weapon was used for evidentiary purposes.
5(Source: P.A. 85-632.)