HB5403 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5403

 

Introduced , by Rep. David A. Welter - Grant Wehrli - Patrick Windhorst - Amy Grant

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-2.5
740 ILCS 22/201

    Amends the Civil No Contact Order Act. Provides that a petition for a civil no contact order may be filed by a family or household member of a victim of a murder. Amends the Code of Criminal Procedure of 1963. Provides that a civil no contact order in a case involving a family or household member of a victim of a murder may be entered in conjunction with a delinquency petition or a criminal prosecution.


LRB101 15883 LNS 65240 b

 

 

A BILL FOR

 

HB5403LRB101 15883 LNS 65240 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 Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-2.5 as follows:
 
6    (725 ILCS 5/112A-2.5)
7    Sec. 112A-2.5. Types of protective orders. The following
8protective orders may be entered in conjunction with a
9delinquency petition or a criminal prosecution:
10        (1) a domestic violence order of protection in cases
11    involving domestic violence;
12        (2) a civil no contact order in cases involving sexual
13    offenses or a family or household member of a victim of a
14    murder; or
15        (3) a stalking no contact order in cases involving
16    stalking offenses.
17(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
18    Section 10. The Civil No Contact Order Act is amended by
19changing Section 201 as follows:
 
20    (740 ILCS 22/201)
21    Sec. 201. Persons protected by this Act.

 

 

HB5403- 2 -LRB101 15883 LNS 65240 b

1    (a) The following persons are protected by this Act:
2        (1) any victim of non-consensual sexual conduct or
3    non-consensual sexual penetration on whose behalf the
4    petition is brought;
5        (2) any family or household member of the named victim;
6    and
7        (3) any employee of or volunteer at a rape crisis
8    center that is providing services to the petitioner or the
9    petitioner's family or household member; and .
10        (4) any family or household member of a victim of a
11    murder.
12    (b) A petition for a civil no contact order may be filed:
13        (1) by any person who is a victim of non-consensual
14    sexual conduct or non-consensual sexual penetration,
15    including a single incident of non-consensual sexual
16    conduct or non-consensual sexual penetration; or
17        (2) by a person on behalf of a minor child or an adult
18    who is a victim of non-consensual sexual conduct or
19    non-consensual sexual penetration but, because of age,
20    disability, health, or inaccessibility, cannot file the
21    petition; or .
22        (3) by a person who is a family or household member of
23    a victim of a murder.
24(Source: P.A. 96-311, eff. 1-1-10.)