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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||||
5 | Section 24-6 as follows:
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6 | (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
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7 | Sec. 24-6. Confiscation and disposition of weapons.
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8 | (a) Upon conviction of an offense in which a weapon was | |||||||||||||||||||||||||
9 | used or
possessed by the offender, any weapon seized shall be | |||||||||||||||||||||||||
10 | confiscated by the
trial court.
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11 | (b) Any stolen weapon so confiscated, when no longer
needed | |||||||||||||||||||||||||
12 | for evidentiary purposes, shall be returned to the person | |||||||||||||||||||||||||
13 | entitled to
possession, if known. After the
disposition of a | |||||||||||||||||||||||||
14 | criminal case or in any criminal case where a final judgment
in | |||||||||||||||||||||||||
15 | the case was not entered due to the death of the defendant, and | |||||||||||||||||||||||||
16 | when a
confiscated weapon is no longer needed for evidentiary | |||||||||||||||||||||||||
17 | purposes, and when in
due course no legitimate claim has been | |||||||||||||||||||||||||
18 | made for the weapon, the court may
transfer the weapon to the | |||||||||||||||||||||||||
19 | sheriff of the county who may proceed to
destroy it, or may in | |||||||||||||||||||||||||
20 | its discretion order the weapon preserved as
property of the | |||||||||||||||||||||||||
21 | governmental body whose police agency seized the weapon, or
may | |||||||||||||||||||||||||
22 | in its discretion order the weapon to be transferred to the | |||||||||||||||||||||||||
23 | Department
of State Police for use by the crime laboratory |
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| |||||||
1 | system, for training
purposes, or for any other application as | ||||||
2 | deemed appropriate by the
Department. A weapon transferred to a | ||||||
3 | law enforcement agency under this Section may be sold by the | ||||||
4 | law enforcement agency at public auction under Section 3 of the | ||||||
5 | Law Enforcement Disposition of Property Act. If, after the | ||||||
6 | disposition of a criminal case, a need still
exists for the use | ||||||
7 | of the confiscated weapon for evidentiary purposes, the
court | ||||||
8 | may transfer the weapon to the custody of the State Department | ||||||
9 | of
Corrections for preservation. The court may not order the | ||||||
10 | transfer of the
weapon to any private individual or private | ||||||
11 | organization other than to return
a stolen weapon to its | ||||||
12 | rightful owner.
| ||||||
13 | The provisions of this Section shall not apply to | ||||||
14 | violations of the Fish
and Aquatic Life Code or the Wildlife | ||||||
15 | Code. Confiscation
of weapons for Fish and Aquatic Life Code | ||||||
16 | and Wildlife Code
violations shall be only as provided in those | ||||||
17 | Codes.
| ||||||
18 | (c) Any mental hospital that admits a person as an | ||||||
19 | inpatient pursuant
to any of the provisions of the Mental | ||||||
20 | Health and Developmental
Disabilities Code shall confiscate | ||||||
21 | any firearms in the possession of that
person at the time of | ||||||
22 | admission, or at any time the firearms are
discovered in the | ||||||
23 | person's possession during the course of hospitalization.
The | ||||||
24 | hospital shall, as soon as possible following confiscation, | ||||||
25 | transfer
custody of the firearms to the appropriate law | ||||||
26 | enforcement agency. The
hospital shall give written notice to |
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1 | the person from whom the firearm was
confiscated of the | ||||||
2 | identity and address of the law enforcement agency to
which it | ||||||
3 | has given the firearm.
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4 | The law enforcement agency shall maintain possession of any | ||||||
5 | firearm it
obtains pursuant to this subsection for a minimum of | ||||||
6 | 90 days. Thereafter,
the firearm may be disposed of pursuant to | ||||||
7 | the 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 | ||||||
10 | amended 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; | ||||||
13 | remedies.
| ||||||
14 | (a) (Blank).
| ||||||
15 | (b) The court may order any of the remedies listed in this | ||||||
16 | subsection (b).
The remedies listed in this subsection (b) | ||||||
17 | shall be in addition to other civil
or criminal remedies | ||||||
18 | available 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
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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 |
| |||||||
| |||||||
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
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
1 | (d) Balance of hardships; findings. If the court finds that | ||||||
2 | the balance
of hardships does not support the granting of a | ||||||
3 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
4 | subsection (b) of this Section,
which may require such | ||||||
5 | balancing, the court's findings shall so
indicate and shall | ||||||
6 | include a finding as to whether granting the remedy will
result | ||||||
7 | in hardship to respondent that would substantially outweigh the | ||||||
8 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
9 | shall be an official record or in
writing.
| ||||||
10 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
11 | based, 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 |
| |||||||
| |||||||
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; | ||||||
5 | 100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff. | ||||||
6 | 8-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)
| ||||||
7 | Section 15. The Illinois Domestic Violence Act of 1986 is | ||||||
8 | amended 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 | ||||||
12 | has been
abused by a family or household member or that | ||||||
13 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
14 | or exploited, as defined in this Act,
an order of protection | ||||||
15 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
16 | provided that petitioner must also satisfy the requirements of
| ||||||
17 | one of the following Sections, as appropriate: Section 217 on | ||||||
18 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
19 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
20 | protection because petitioner or
respondent is a minor. The | ||||||
21 | court, when determining whether or not to issue
an order of | ||||||
22 | protection, shall not require physical manifestations of abuse
| ||||||
23 | on the person of the victim. Modification and extension of | ||||||
24 | prior
orders of protection shall be in accordance with this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (b) Remedies and standards. The remedies to be included in | ||||||
3 | an order of
protection shall be determined in accordance with | ||||||
4 | this Section and one of
the following Sections, as appropriate: | ||||||
5 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
6 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
7 | subsection shall be in addition to other civil or
criminal | ||||||
8 | remedies 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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
26 | the balance
of hardships does not support the granting of a |
| |||||||
| |||||||
1 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
2 | subsection (b) of this Section,
which may require such | ||||||
3 | balancing, the court's findings shall so
indicate and shall | ||||||
4 | include a finding as to whether granting the remedy will
result | ||||||
5 | in hardship to respondent that would substantially outweigh the | ||||||
6 | hardship
to petitioner from denial of the remedy. The findings | ||||||
7 | shall be an official
record or in writing.
| ||||||
8 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
9 | based, 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 |
| |||||||
| |||||||
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, | ||||||
5 | eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
6 | 100-923, eff. 1-1-19 .)
| ||||||
7 | Section 20. The Law Enforcement Disposition of Property Act | ||||||
8 | is 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 | ||||||
11 | stolen or otherwise
illegally possessed shall be retained in | ||||||
12 | custody by the sheriff, chief of
police or other principal | ||||||
13 | official of the law enforcement agency, which
shall make | ||||||
14 | reasonable inquiry and efforts to identify and notify the owner
| ||||||
15 | or other person entitled to possession thereof, and shall | ||||||
16 | return the
property after such person provides reasonable and | ||||||
17 | satisfactory proof of
his ownership or right to possession and | ||||||
18 | reimburses the agency for all
reasonable expenses of such | ||||||
19 | custody.
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20 | (b) Weapons that have been confiscated as a result of | ||||||
21 | having been
abandoned or illegally possessed may be
sold at | ||||||
22 | public auction under Section 3 of this Act; or transferred to | ||||||
23 | the Department of State Police for use by the crime
laboratory | ||||||
24 | system, for training purposes, or for any other application as
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| |||||||
1 | deemed appropriate by the Department, if no legitimate
claim is
| ||||||
2 | made for the confiscated weapon within 6 months of the date of
| ||||||
3 | confiscation, or within 6 months of final court disposition if | ||||||
4 | such
confiscated weapon was used for evidentiary purposes.
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5 | (Source: P.A. 85-632.)
|