101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5391

 

Introduced , by Rep. Grant Wehrli - Avery Bourne - Amy Grant

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 61/1
750 ILCS 61/5
750 ILCS 61/10
750 ILCS 61/11
750 ILCS 61/15
750 ILCS 61/40

    Amends the Address Confidentiality for Victims of Domestic Violence Act (renamed the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act by Public Act 101-270). Renames the Act the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act. Defines "human trafficking". Makes the Act's requirements applicable to victims of human trafficking.


LRB101 15854 LNS 65211 b

 

 

A BILL FOR

 

HB5391LRB101 15854 LNS 65211 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Address Confidentiality for Victims of
5Domestic Violence Act is amended by changing Sections 1, 5, 10,
611, 15, and 40 as follows:
 
7    (750 ILCS 61/1)
8    (Text of Section before amendment by P.A. 101-270)
9    Sec. 1. Short title. This Act may be cited as the Address
10Confidentiality for Victims of Domestic Violence Act.
11(Source: P.A. 91-494, eff. 1-1-00.)
 
12    (Text of Section after amendment by P.A. 101-270)
13    Sec. 1. Short title. This Act may be cited as the Address
14Confidentiality for Victims of Domestic Violence, Human
15Trafficking, Sexual Assault, or Stalking Act.
16(Source: P.A. 101-270, eff. 1-1-21.)
 
17    (750 ILCS 61/5)
18    (Text of Section before amendment by P.A. 101-270)
19    Sec. 5. Legislative findings. The General Assembly finds
20that persons attempting to escape from actual or threatened
21domestic violence frequently establish new addresses in order

 

 

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1to prevent their assailants or probable assailants from finding
2them. The purpose of this Act is to enable State and local
3agencies to respond to requests for public records without
4disclosing the location of a victim of domestic violence, to
5enable interagency cooperation with the Attorney General in
6providing address confidentiality for victims of domestic
7violence, and to enable State and local agencies to accept a
8program participant's use of an address designated by the
9Attorney General as a substitute mailing address.
10(Source: P.A. 91-494, eff. 1-1-00.)
 
11    (Text of Section after amendment by P.A. 101-270)
12    Sec. 5. Legislative findings. The General Assembly finds
13that persons attempting to escape from actual or threatened
14domestic violence, human trafficking, sexual assault, or
15stalking frequently establish new addresses in order to prevent
16their assailants or probable assailants from finding them. The
17purpose of this Act is to enable State and local agencies to
18respond to requests for public records without disclosing the
19location of a victim of domestic violence, human trafficking,
20sexual assault, or stalking, to enable interagency cooperation
21with the Attorney General in providing address confidentiality
22for victims of domestic violence, human trafficking, sexual
23assault, or stalking, and to enable State and local agencies to
24accept a program participant's use of an address designated by
25the Attorney General as a substitute mailing address.

 

 

HB5391- 3 -LRB101 15854 LNS 65211 b

1(Source: P.A. 101-270, eff. 1-1-21.)
 
2    (750 ILCS 61/10)
3    (Text of Section before amendment by P.A. 101-270)
4    Sec. 10. Definitions. In this Act, unless the context
5otherwise requires:
6    "Address" means a residential street address, school
7address, or work address of an individual, as specified on the
8individual's application to be a program participant under this
9Act.
10    "Program participant" means a person certified as a program
11participant under this Act.
12    "Domestic violence" has the same meaning as in the Illinois
13Domestic Violence Act of 1986 and includes a threat of domestic
14violence against an individual in a domestic situation,
15regardless of whether the domestic violence or threat has been
16reported to law enforcement officers.
17(Source: P.A. 91-494, eff. 1-1-00.)
 
18    (Text of Section after amendment by P.A. 101-270)
19    Sec. 10. Definitions. In this Act, unless the context
20otherwise requires:
21    "Address" means a residential street address, school
22address, or work address of an individual, as specified on the
23individual's application to be a program participant under this
24Act.

 

 

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1    "Program participant" means a person certified as a program
2participant under this Act.
3    "Domestic violence" has the same meaning as in the Illinois
4Domestic Violence Act of 1986 and includes a threat of domestic
5violence against an individual in a domestic situation,
6regardless of whether the domestic violence or threat has been
7reported to law enforcement officers.
8    "Human trafficking" means the practices set forth in
9subsection (b), (c), or (d) of Section 10-9 of the Criminal
10Code of 2012, regardless of whether the victim has reported the
11trafficking to law enforcement officers.
12    "Sexual assault" has the same meaning as sexual conduct or
13sexual penetration as defined in the Civil No Contact Order
14Act. "Sexual assault" includes a threat of sexual assault,
15regardless of whether the sexual assault or threat has been
16reported to law enforcement officers.
17    "Stalking" has the same meaning as in the Stalking No
18Contact Order Act. "Stalking" includes a threat of stalking,
19regardless of whether the stalking or threat has been reported
20to law enforcement officers.
21(Source: P.A. 101-270, eff. 1-1-21.)
 
22    (750 ILCS 61/11)
23    (Text of Section before amendment by P.A. 101-270)
24    Sec. 11. Address confidentiality program; administration.
25Subject to appropriations for the purposes of this Act, the

 

 

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1Attorney General shall administer an address confidentiality
2program for victims of domestic violence.
3(Source: P.A. 91-494, eff. 1-1-00.)
 
4    (Text of Section after amendment by P.A. 101-270)
5    Sec. 11. Address confidentiality program; administration.
6Subject to appropriations for the purposes of this Act, the
7Attorney General shall administer an address confidentiality
8program for victims of domestic violence, human trafficking,
9sexual assault, or stalking.
10(Source: P.A. 101-270, eff. 1-1-21.)
 
11    (750 ILCS 61/15)
12    (Text of Section before amendment by P.A. 101-270)
13    Sec. 15. Address confidentiality program; application;
14certification.
15    (a) An adult person, a parent or guardian acting on behalf
16of a minor, or a guardian acting on behalf of a person with a
17disability, as defined in Article 11a of the Probate Act of
181975, may apply to the Attorney General to have an address
19designated by the Attorney General serve as the person's
20address or the address of the minor or person with a
21disability. The Attorney General shall approve an application
22if it is filed in the manner and on the form prescribed by him
23or her and if it contains:
24        (1) a sworn statement by the applicant that the

 

 

HB5391- 6 -LRB101 15854 LNS 65211 b

1    applicant has good reason to believe (i) that the
2    applicant, or the minor or person with a disability on
3    whose behalf the application is made, is a victim of
4    domestic violence; and (ii) that the applicant fears for
5    his or her safety or his or her children's safety, or the
6    safety of the minor or person with a disability on whose
7    behalf the application is made;
8        (2) a designation of the Attorney General as agent for
9    purposes of service of process and receipt of mail;
10        (3) the mailing address where the applicant can be
11    contacted by the Attorney General, and the phone number or
12    numbers where the applicant can be called by the Attorney
13    General;
14        (4) the new address or addresses that the applicant
15    requests not be disclosed for the reason that disclosure
16    will increase the risk of domestic violence; and
17        (5) the signature of the applicant and of any
18    individual or representative of any office designated in
19    writing under Section 40 of this Act who assisted in the
20    preparation of the application, and the date on which the
21    applicant signed the application.
22    (b) Applications shall be filed with the office of the
23Attorney General.
24    (c) Upon filing a properly completed application, the
25Attorney General shall certify the applicant as a program
26participant. Applicants shall be certified for 4 years

 

 

HB5391- 7 -LRB101 15854 LNS 65211 b

1following the date of filing unless the certification is
2withdrawn or invalidated before that date. The Attorney General
3shall by rule establish a renewal procedure.
4    (d) A person who falsely attests in an application that
5disclosure of the applicant's address would endanger the
6applicant's safety or the safety of the applicant's children or
7the minor or incapacitated person on whose behalf the
8application is made, or who knowingly provides false or
9incorrect information upon making an application, is guilty of
10a Class 3 felony.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    (Text of Section after amendment by P.A. 101-270)
13    Sec. 15. Address confidentiality program; application;
14certification.
15    (a) An adult person, a parent or guardian acting on behalf
16of a minor, or a guardian acting on behalf of a person with a
17disability, as defined in Article 11a of the Probate Act of
181975, may apply to the Attorney General to have an address
19designated by the Attorney General serve as the person's
20address or the address of the minor or person with a
21disability. The Attorney General shall approve an application
22if it is filed in the manner and on the form prescribed by him
23or her and if it contains:
24        (1) a sworn statement by the applicant that the
25    applicant has good reason to believe (i) that the

 

 

HB5391- 8 -LRB101 15854 LNS 65211 b

1    applicant, or the minor or person with a disability on
2    whose behalf the application is made, is a victim of
3    domestic violence, human trafficking, sexual assault, or
4    stalking; and (ii) that the applicant fears for his or her
5    safety or his or her children's safety, or the safety of
6    the minor or person with a disability on whose behalf the
7    application is made;
8        (2) a designation of the Attorney General as agent for
9    purposes of service of process and receipt of mail;
10        (3) the mailing address where the applicant can be
11    contacted by the Attorney General, and the phone number or
12    numbers where the applicant can be called by the Attorney
13    General;
14        (4) the new address or addresses that the applicant
15    requests not be disclosed for the reason that disclosure
16    will increase the risk of domestic violence, human
17    trafficking, sexual assault, or stalking; and
18        (5) the signature of the applicant and of any
19    individual or representative of any office designated in
20    writing under Section 40 of this Act who assisted in the
21    preparation of the application, and the date on which the
22    applicant signed the application.
23    (b) Applications shall be filed with the office of the
24Attorney General.
25    (c) Upon filing a properly completed application, the
26Attorney General shall certify the applicant as a program

 

 

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1participant. Applicants shall be certified for 4 years
2following the date of filing unless the certification is
3withdrawn or invalidated before that date. The Attorney General
4shall by rule establish a renewal procedure.
5    (d) A person who falsely attests in an application that
6disclosure of the applicant's address would endanger the
7applicant's safety or the safety of the applicant's children or
8the minor or incapacitated person on whose behalf the
9application is made, or who knowingly provides false or
10incorrect information upon making an application, is guilty of
11a Class 3 felony.
12(Source: P.A. 101-270, eff. 1-1-21.)
 
13    (750 ILCS 61/40)
14    (Text of Section before amendment by P.A. 101-270)
15    Sec. 40. Assistance for program applicants. The Attorney
16General shall designate State and local agencies and nonprofit
17agencies that provide counseling and shelter services to
18victims of domestic violence to assist persons applying to be
19program participants. Any assistance and counseling rendered
20by the office of the Attorney General or its designees to
21applicants shall in no way be construed as legal advice.
22(Source: P.A. 91-494, eff. 1-1-00.)
 
23    (Text of Section after amendment by P.A. 101-270)
24    Sec. 40. Assistance for program applicants. The Attorney

 

 

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1General shall designate State and local agencies and nonprofit
2agencies that provide counseling and shelter services to
3victims of domestic violence, human trafficking, sexual
4assault, or stalking to assist persons applying to be program
5participants. Any assistance and counseling rendered by the
6office of the Attorney General or its designees to applicants
7shall in no way be construed as legal advice.
8(Source: P.A. 101-270, eff. 1-1-21.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.