HB5391 101ST GENERAL ASSEMBLY

LRB101 15854 LNS 65211 b

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.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Address Confidentiality for Victims of Domestic Violence Act is amended by changing Sections 1, 5, 10, 11, 15, and 40 as follows:

(750 ILCS 61/1)

(Text of Section before amendment by P.A. 101-270)

Sec. 1. Short title. This Act may be cited as the Address Confidentiality for Victims of Domestic Violence Act.

(Source: P.A. 91-494, eff. 1-1-00.)

(Text of Section after amendment by P.A. 101-270)

Sec. 1. Short title. This Act may be cited as the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act.

(Source: P.A. 101-270, eff. 1-1-21.)

(750 ILCS 61/5)

(Text of Section before amendment by P.A. 101-270)

Sec. 5. Legislative findings. The General Assembly finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this Act is to enable State and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, to enable interagency cooperation with the Attorney General in providing address confidentiality for victims of domestic violence, and to enable State and local agencies to accept a program participant's use of an address designated by the Attorney General as a substitute mailing address.

(Source: P.A. 91-494, eff. 1-1-00.)

(Text of Section after amendment by P.A. 101-270)

Sec. 5. Legislative findings. The General Assembly finds that persons attempting to escape from actual or threatened domestic violence, human trafficking, sexual assault, or stalking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this Act is to enable State and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, human trafficking, sexual assault, or stalking, to enable interagency cooperation with the Attorney General in providing address confidentiality for victims of domestic violence, human trafficking, sexual assault, or stalking, and to enable State and local agencies to accept a program participant's use of an address designated by the Attorney General as a substitute mailing address.

(Source: P.A. 101-270, eff. 1-1-21.)

(750 ILCS 61/10)

(Text of Section before amendment by P.A. 101-270)

Sec. 10. Definitions. In this Act, unless the context otherwise requires:

"Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this Act.

"Program participant" means a person certified as a program participant under this Act.

"Domestic violence" has the same meaning as in the Illinois Domestic Violence Act of 1986 and includes a threat of domestic violence against an individual in a domestic situation, regardless of whether the domestic violence or threat has been reported to law enforcement officers.

(Source: P.A. 91-494, eff. 1-1-00.)

(Text of Section after amendment by P.A. 101-270)

Sec. 10. Definitions. In this Act, unless the context otherwise requires:

"Address" means a residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this Act.

"Program participant" means a person certified as a program participant under this Act.

"Domestic violence" has the same meaning as in the Illinois Domestic Violence Act of 1986 and includes a threat of domestic violence against an individual in a domestic situation, regardless of whether the domestic violence or threat has been reported to law enforcement officers.

"Human trafficking" means the practices set forth in subsection (b), (c), or (d) of Section 10-9 of the Criminal Code of 2012, regardless of whether the victim has reported the trafficking to law enforcement officers.

"Sexual assault" has the same meaning as sexual conduct or sexual penetration as defined in the Civil No Contact Order Act. "Sexual assault" includes a threat of sexual assault, regardless of whether the sexual assault or threat has been reported to law enforcement officers.

"Stalking" has the same meaning as in the Stalking No Contact Order Act. "Stalking" includes a threat of stalking, regardless of whether the stalking or threat has been reported to law enforcement officers.

(Source: P.A. 101-270, eff. 1-1-21.)

(750 ILCS 61/11)

(Text of Section before amendment by P.A. 101-270)

Sec. 11. Address confidentiality program; administration. Subject to appropriations for the purposes of this Act, the Attorney General shall administer an address confidentiality program for victims of domestic violence.

(Source: P.A. 91-494, eff. 1-1-00.)

(Text of Section after amendment by P.A. 101-270)

Sec. 11. Address confidentiality program; administration. Subject to appropriations for the purposes of this Act, the Attorney General shall administer an address confidentiality program for victims of domestic violence, human trafficking, sexual assault, or stalking.

(Source: P.A. 101-270, eff. 1-1-21.)

(750 ILCS 61/15)

(Text of Section before amendment by P.A. 101-270)

Sec. 15. Address confidentiality program; application; certification.

(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of a person with a disability, as defined in Article 11a of the Probate Act of 1975, may apply to the Attorney General to have an address designated by the Attorney General serve as the person's address or the address of the minor or person with a disability. The Attorney General shall approve an application if it is filed in the manner and on the form prescribed by him or her and if it contains:

(1) a sworn statement by the applicant that the applicant has good reason to believe (i) that the applicant, or the minor or person with a disability on whose behalf the application is made, is a victim of domestic violence; and (ii) that the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or person with a disability on whose behalf the application is made;

(2) a designation of the Attorney General as agent for purposes of service of process and receipt of mail;

(3) the mailing address where the applicant can be contacted by the Attorney General, and the phone number or numbers where the applicant can be called by the Attorney General;

(4) the new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence; and

(5) the signature of the applicant and of any individual or representative of any office designated in writing under Section 40 of this Act who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Attorney General.

(c) Upon filing a properly completed application, the Attorney General shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date. The Attorney General shall by rule establish a renewal procedure.

(d) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a Class 3 felony.

(Source: P.A. 99-143, eff. 7-27-15.)

(Text of Section after amendment by P.A. 101-270)

Sec. 15. Address confidentiality program; application; certification.

(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of a person with a disability, as defined in Article 11a of the Probate Act of 1975, may apply to the Attorney General to have an address designated by the Attorney General serve as the person's address or the address of the minor or person with a disability. The Attorney General shall approve an application if it is filed in the manner and on the form prescribed by him or her and if it contains:

(1) a sworn statement by the applicant that the applicant has good reason to believe (i) that the applicant, or the minor or person with a disability on whose behalf the application is made, is a victim of domestic violence, human trafficking, sexual assault, or stalking; and (ii) that the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or person with a disability on whose behalf the application is made;

(2) a designation of the Attorney General as agent for purposes of service of process and receipt of mail;

(3) the mailing address where the applicant can be contacted by the Attorney General, and the phone number or numbers where the applicant can be called by the Attorney General;

(4) the new address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, human trafficking, sexual assault, or stalking; and

(5) the signature of the applicant and of any individual or representative of any office designated in writing under Section 40 of this Act who assisted in the preparation of the application, and the date on which the applicant signed the application.

(b) Applications shall be filed with the office of the Attorney General.

(c) Upon filing a properly completed application, the Attorney General shall certify the applicant as a program participant. Applicants shall be certified for 4 years following the date of filing unless the certification is withdrawn or invalidated before that date. The Attorney General shall by rule establish a renewal procedure.

(d) A person who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, is guilty of a Class 3 felony.

(Source: P.A. 101-270, eff. 1-1-21.)

(750 ILCS 61/40)

(Text of Section before amendment by P.A. 101-270)

Sec. 40. Assistance for program applicants. The Attorney General shall designate State and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Attorney General or its designees to applicants shall in no way be construed as legal advice.

(Source: P.A. 91-494, eff. 1-1-00.)

(Text of Section after amendment by P.A. 101-270)

Sec. 40. Assistance for program applicants. The Attorney General shall designate State and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, human trafficking, sexual assault, or stalking to assist persons applying to be program participants. Any assistance and counseling rendered by the office of the Attorney General or its designees to applicants shall in no way be construed as legal advice.

(Source: P.A. 101-270, eff. 1-1-21.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.