Illinois General Assembly - Full Text of SB2288
Illinois General Assembly

Previous General Assemblies

Full Text of SB2288  100th General Assembly

SB2288 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2288

 

Introduced 1/10/2018, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 21/80
740 ILCS 22/213

    Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that an order issued under either of those Acts may require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate. Provides that the court may order the respondent in any intimate partner relationship to report to an Illinois Department of Human Services protocol approved partner abuse intervention program for an assessment and to follow all recommended treatment.


LRB100 16058 HEP 31177 b

 

 

A BILL FOR

 

SB2288LRB100 16058 HEP 31177 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 Stalking No Contact Order Act is amended by
5changing Section 80 as follows:
 
6    (740 ILCS 21/80)
7    Sec. 80. Stalking no contact orders; remedies.
8    (a) If the court finds that the petitioner has been a
9victim of stalking, a stalking no contact order shall issue;
10provided that the petitioner must also satisfy the requirements
11of Section 95 on emergency orders or Section 100 on plenary
12orders. The petitioner shall not be denied a stalking no
13contact order because the petitioner or the respondent is a
14minor. The court, when determining whether or not to issue a
15stalking no contact order, may not require physical injury on
16the person of the petitioner. Modification and extension of
17prior stalking no contact orders shall be in accordance with
18this Act.
19    (b) A stalking no contact order shall order one or more of
20the following:
21        (1) prohibit the respondent from threatening to commit
22    or committing stalking;
23        (2) order the respondent not to have any contact with

 

 

SB2288- 2 -LRB100 16058 HEP 31177 b

1    the petitioner or a third person specifically named by the
2    court;
3        (3) prohibit the respondent from knowingly coming
4    within, or knowingly remaining within a specified distance
5    of the petitioner or the petitioner's residence, school,
6    daycare, or place of employment, or any specified place
7    frequented by the petitioner; however, the court may order
8    the respondent to stay away from the respondent's own
9    residence, school, or place of employment only if the
10    respondent has been provided actual notice of the
11    opportunity to appear and be heard on the petition;
12        (4) prohibit the respondent from possessing a Firearm
13    Owners Identification Card, or possessing or buying
14    firearms; and
15        (5) order other injunctive relief the court determines
16    to be necessary to protect the petitioner or third party
17    specifically named by the court; and .
18        (6) require or recommend the respondent to undergo
19    counseling for a specified duration with a social worker,
20    psychologist, clinical psychologist, psychiatrist, family
21    service agency, alcohol or substance abuse program, mental
22    health center guidance counselor, agency providing
23    services to elders, program designed for domestic violence
24    abusers or any other guidance service the court deems
25    appropriate. The court may order the respondent in any
26    intimate partner relationship to report to an Illinois

 

 

SB2288- 3 -LRB100 16058 HEP 31177 b

1    Department of Human Services protocol approved partner
2    abuse intervention program for an assessment and to follow
3    all recommended treatment.
4    (b-5) When the petitioner and the respondent attend the
5same public, private, or non-public elementary, middle, or high
6school, the court when issuing a stalking no contact order and
7providing relief shall consider the severity of the act, any
8continuing physical danger or emotional distress to the
9petitioner, the educational rights guaranteed to the
10petitioner and respondent under federal and State law, the
11availability of a transfer of the respondent to another school,
12a change of placement or a change of program of the respondent,
13the expense, difficulty, and educational disruption that would
14be caused by a transfer of the respondent to another school,
15and any other relevant facts of the case. The court may order
16that the respondent not attend the public, private, or
17non-public elementary, middle, or high school attended by the
18petitioner, order that the respondent accept a change of
19placement or program, as determined by the school district or
20private or non-public school, or place restrictions on the
21respondent's movements within the school attended by the
22petitioner. The respondent bears the burden of proving by a
23preponderance of the evidence that a transfer, change of
24placement, or change of program of the respondent is not
25available. The respondent also bears the burden of production
26with respect to the expense, difficulty, and educational

 

 

SB2288- 4 -LRB100 16058 HEP 31177 b

1disruption that would be caused by a transfer of the respondent
2to another school. A transfer, change of placement, or change
3of program is not unavailable to the respondent solely on the
4ground that the respondent does not agree with the school
5district's or private or non-public school's transfer, change
6of placement, or change of program or solely on the ground that
7the respondent fails or refuses to consent to or otherwise does
8not take an action required to effectuate a transfer, change of
9placement, or change of program. When a court orders a
10respondent to stay away from the public, private, or non-public
11school attended by the petitioner and the respondent requests a
12transfer to another attendance center within the respondent's
13school district or private or non-public school, the school
14district or private or non-public school shall have sole
15discretion to determine the attendance center to which the
16respondent is transferred. In the event the court order results
17in a transfer of the minor respondent to another attendance
18center, a change in the respondent's placement, or a change of
19the respondent's program, the parents, guardian, or legal
20custodian of the respondent is responsible for transportation
21and other costs associated with the transfer or change.
22    (b-6) The court may order the parents, guardian, or legal
23custodian of a minor respondent to take certain actions or to
24refrain from taking certain actions to ensure that the
25respondent complies with the order. In the event the court
26orders a transfer of the respondent to another school, the

 

 

SB2288- 5 -LRB100 16058 HEP 31177 b

1parents, guardian, or legal custodian of the respondent are
2responsible for transportation and other costs associated with
3the change of school by the respondent.
4    (b-7) The court shall not hold a school district or private
5or non-public school or any of its employees in civil or
6criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8    (b-8) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Act for conduct of the minor respondent in violation of
12this Act if the parents, guardian, or legal custodian directed,
13encouraged, or assisted the respondent minor in such conduct.
14    (c) The court may award the petitioner costs and attorneys
15fees if a stalking no contact order is granted.
16    (d) Monetary damages are not recoverable as a remedy.
17    (e) If the stalking no contact order prohibits the
18respondent from possessing a Firearm Owner's Identification
19Card, or possessing or buying firearms; the court shall
20confiscate the respondent's Firearm Owner's Identification
21Card and immediately return the card to the Department of State
22Police Firearm Owner's Identification Card Office.
23(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
2497-1131, eff. 1-1-13.)
 
25    Section 10. The Civil No Contact Order Act is amended by

 

 

SB2288- 6 -LRB100 16058 HEP 31177 b

1changing Section 213 as follows:
 
2    (740 ILCS 22/213)
3    Sec. 213. Civil no contact order; remedies.
4    (a) If the court finds that the petitioner has been a
5victim of non-consensual sexual conduct or non-consensual
6sexual penetration, a civil no contact order shall issue;
7provided that the petitioner must also satisfy the requirements
8of Section 214 on emergency orders or Section 215 on plenary
9orders. The petitioner shall not be denied a civil no contact
10order because the petitioner or the respondent is a minor. The
11court, when determining whether or not to issue a civil no
12contact order, may not require physical injury on the person of
13the victim. Modification and extension of prior civil no
14contact orders shall be in accordance with this Act.
15    (b) (Blank).
16    (b-5) The court may provide relief as follows:
17        (1) prohibit the respondent from knowingly coming
18    within, or knowingly remaining within, a specified
19    distance from the petitioner;
20        (2) restrain the respondent from having any contact,
21    including nonphysical contact, with the petitioner
22    directly, indirectly, or through third parties, regardless
23    of whether those third parties know of the order;
24        (3) prohibit the respondent from knowingly coming
25    within, or knowingly remaining within, a specified

 

 

SB2288- 7 -LRB100 16058 HEP 31177 b

1    distance from the petitioner's residence, school, day care
2    or other specified location;
3        (4) order the respondent to stay away from any property
4    or animal owned, possessed, leased, kept, or held by the
5    petitioner and forbid the respondent from taking,
6    transferring, encumbering, concealing, harming, or
7    otherwise disposing of the property or animal; and
8        (5) order any other injunctive relief as necessary or
9    appropriate for the protection of the petitioner; and .
10        (6) require or recommend the respondent to undergo
11    counseling for a specified duration with a social worker,
12    psychologist, clinical psychologist, psychiatrist, family
13    service agency, alcohol or substance abuse program, mental
14    health center guidance counselor, agency providing
15    services to elders, program designed for domestic violence
16    abusers or any other guidance service the court deems
17    appropriate. The court may order the respondent in any
18    intimate partner relationship to report to an Illinois
19    Department of Human Services protocol approved partner
20    abuse intervention program for an assessment and to follow
21    all recommended treatment.
22    (b-6) When the petitioner and the respondent attend the
23same public or private elementary, middle, or high school, the
24court when issuing a civil no contact order and providing
25relief shall consider the severity of the act, any continuing
26physical danger or emotional distress to the petitioner, the

 

 

SB2288- 8 -LRB100 16058 HEP 31177 b

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

 

 

SB2288- 9 -LRB100 16058 HEP 31177 b

1program. When a court orders a respondent to stay away from the
2public, private, or non-public school attended by the
3petitioner and the respondent requests a transfer to another
4attendance center within the respondent's school district or
5private or non-public school, the school district or private or
6non-public school shall have sole discretion to determine the
7attendance center to which the respondent is transferred. In
8the event the court order results in a transfer of the minor
9respondent to another attendance center, a change in the
10respondent's placement, or a change of the respondent's
11program, the parents, guardian, or legal custodian of the
12respondent is responsible for transportation and other costs
13associated with the transfer or change.
14    (b-7) The court may order the parents, guardian, or legal
15custodian of a minor respondent to take certain actions or to
16refrain from taking certain actions to ensure that the
17respondent complies with the order. In the event the court
18orders a transfer of the respondent to another school, the
19parents or legal guardians of the respondent are responsible
20for transportation and other costs associated with the change
21of school by the respondent.
22    (c) Denial of a remedy may not be based, in whole or in
23part, on evidence that:
24        (1) the respondent has cause for any use of force,
25    unless that cause satisfies the standards for justifiable
26    use of force provided by Article 7 of the Criminal Code of

 

 

SB2288- 10 -LRB100 16058 HEP 31177 b

1    2012;
2        (2) the respondent was voluntarily intoxicated;
3        (3) the petitioner acted in self-defense or defense of
4    another, provided that, if the petitioner utilized force,
5    such force was justifiable under Article 7 of the Criminal
6    Code of 2012;
7        (4) the petitioner did not act in self-defense or
8    defense of another;
9        (5) the petitioner left the residence or household to
10    avoid further non-consensual sexual conduct or
11    non-consensual sexual penetration by the respondent; or
12        (6) the petitioner did not leave the residence or
13    household to avoid further non-consensual sexual conduct
14    or non-consensual sexual penetration by the respondent.
15    (d) Monetary damages are not recoverable as a remedy.
16(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
1797-1150, eff. 1-25-13.)