HB4949 - 104th General Assembly
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| 1 | AN ACT concerning government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. Short title. This Act may be cited as the Family | ||||||
| 5 | Justice Centers Act. | ||||||
| 6 | Section 5. Findings. The General Assembly finds and | ||||||
| 7 | declares that: | ||||||
| 8 | (1) Underreporting of domestic violence, sexual | ||||||
| 9 | violence, stalking, and human trafficking to service | ||||||
| 10 | providers, law enforcement, and protective agencies is | ||||||
| 11 | detrimental to the health, safety, and welfare of the | ||||||
| 12 | State of Illinois. Survivors have stressed the need for | ||||||
| 13 | collaborative implementation of resources and interagency | ||||||
| 14 | communication and assessment of policies and procedures to | ||||||
| 15 | allow for intentional process improvement in the delivery | ||||||
| 16 | of and response to survivors. | ||||||
| 17 | (2) To support survivors and their children and | ||||||
| 18 | encourage the development of partnerships to close gaps | ||||||
| 19 | and implement best practices, entities must work | ||||||
| 20 | collaboratively and actively to build a trauma-informed, | ||||||
| 21 | survivor-centered community response to prevent domestic | ||||||
| 22 | violence, child abuse, sexual violence, stalking, and | ||||||
| 23 | human trafficking. | ||||||
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| 1 | (3) The enactment of the Family Justice Centers Act | ||||||
| 2 | promotes the health and safety of survivors of domestic | ||||||
| 3 | violence, sexual violence, stalking, and human trafficking | ||||||
| 4 | and provides alternative ways for survivors to seek | ||||||
| 5 | services in a trauma-informed, survivor-centered, | ||||||
| 6 | coordinated manner. | ||||||
| 7 | (4) In recent years, Illinois has experienced an | ||||||
| 8 | upward trend in domestic violence incidents, including | ||||||
| 9 | increased contacts to the Illinois Domestic Violence | ||||||
| 10 | Hotline and higher rates of domestic-related homicides. | ||||||
| 11 | Contacts to the Illinois Domestic Violence Hotline rose | ||||||
| 12 | 26% from 2023 to 2024 to a total of 59,704 contacts, which | ||||||
| 13 | is 140% higher than in 2019, according to Measuring | ||||||
| 14 | Safety: Gender Based Violence in Illinois 2024, Illinois | ||||||
| 15 | Domestic Violence Hotline Report, published in June 2025 | ||||||
| 16 | by The Network: Advocating Against Domestic Violence. This | ||||||
| 17 | rising rate of reports, coupled with the reality that many | ||||||
| 18 | incidents go unreported, demonstrates the need for a State | ||||||
| 19 | response. | ||||||
| 20 | (5) Given the intimate and personal nature of sexual | ||||||
| 21 | violence, advocacy services are necessary to support | ||||||
| 22 | survivors of sexual assault by providing comprehensive | ||||||
| 23 | assistance that addresses immediate and long-term needs. | ||||||
| 24 | The State of Illinois should continue to support these | ||||||
| 25 | programs, which have faced declining funds in recent | ||||||
| 26 | years. | ||||||
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| 1 | (6) In 2025, the Illinois General Assembly passed the | ||||||
| 2 | Illinois Statewide Trauma-Informed Response to Human | ||||||
| 3 | Trafficking Act, recognizing the need for a comprehensive | ||||||
| 4 | response to human trafficking in the State. This Act | ||||||
| 5 | requires agencies to investigate and respond in a | ||||||
| 6 | survivor-centered, trauma-informed manner to increase the | ||||||
| 7 | detection of survivors and provide a survivor-centered, | ||||||
| 8 | trauma-informed response when survivors present for | ||||||
| 9 | services. | ||||||
| 10 | (7) The Family Justice Center framework offers a | ||||||
| 11 | comprehensive and collaborative approach to addressing | ||||||
| 12 | domestic violence, sexual violence, stalking, and human | ||||||
| 13 | trafficking. Family Justice Centers bring together | ||||||
| 14 | professionals and services under one roof, providing a | ||||||
| 15 | safe and supportive environment for survivors and ensuring | ||||||
| 16 | a coordinated and effective response. | ||||||
| 17 | (8) Children's Advocacy Centers were established in | ||||||
| 18 | Illinois by Public Act 86-276 and are governed by the | ||||||
| 19 | Children's Advocacy Center Act. In response to the need | ||||||
| 20 | for a formal, comprehensive, integrated, and | ||||||
| 21 | multidisciplinary approach to child maltreatment, | ||||||
| 22 | Children's Advocacy Centers provide subject-matter | ||||||
| 23 | expertise that complements Family Justice Centers. This | ||||||
| 24 | Act is intended to enhance collaboration and sharing of | ||||||
| 25 | expertise and is not meant to supersede the expertise of | ||||||
| 26 | Children's Advocacy Centers. Domestic violence, sexual | ||||||
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| 1 | violence, and child abuse are forms of community violence | ||||||
| 2 | that require coordinated responses. Family Justice Centers | ||||||
| 3 | and Children's Advocacy Centers should work | ||||||
| 4 | collaboratively. | ||||||
| 5 | (9) Family Justice Centers minimize the need for | ||||||
| 6 | survivors to navigate multiple agencies, to travel to | ||||||
| 7 | multiple locations, and to repeat their stories. They | ||||||
| 8 | offer services shown to improve access to services, | ||||||
| 9 | increase hope and well-being, reduce recantation, reduce | ||||||
| 10 | homicides, and increase successful prosecution of | ||||||
| 11 | offenders. | ||||||
| 12 | (10) Creating Family Justice Centers is essential to | ||||||
| 13 | provide multiagency, multidisciplinary support and | ||||||
| 14 | services to survivors of domestic violence, sexual | ||||||
| 15 | violence, stalking, and human trafficking; to ensure | ||||||
| 16 | survivors can access all needed services; to enhance | ||||||
| 17 | survivor safety; to increase offender accountability; and | ||||||
| 18 | to reduce the number of times survivors are questioned and | ||||||
| 19 | examined and the number of places survivors must go to | ||||||
| 20 | receive assistance. | ||||||
| 21 | Section 10. Definitions. As used in this Act: | ||||||
| 22 | "Domestic violence" means any act of abuse as defined in | ||||||
| 23 | the Illinois Domestic Violence Act of 1986. | ||||||
| 24 | "Human trafficking" means an act as set forth in Section | ||||||
| 25 | 10-9 of the Criminal Code of 2012, including recruiting, | ||||||
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| 1 | harboring, transporting, providing, or obtaining a person for | ||||||
| 2 | labor or services through force, fraud, or coercion. | ||||||
| 3 | "Sexual violence" means physical sexual acts attempted or | ||||||
| 4 | perpetrated against a person's will or when a person is | ||||||
| 5 | incapable of giving consent, including, without limitation, | ||||||
| 6 | rape, sexual assault, sexual battery, sexual abuse, and sexual | ||||||
| 7 | coercion. | ||||||
| 8 | "Stalking" has the meaning given to that term in the | ||||||
| 9 | Stalking No Contact Order Act. "Stalking" includes, without | ||||||
| 10 | limitation, the following conduct: | ||||||
| 11 | (1) following a person; | ||||||
| 12 | (2) conducting surveillance of the person; | ||||||
| 13 | (3) appearing at the person's home, work, or school | ||||||
| 14 | without a reasonable purpose under the circumstances; | ||||||
| 15 | (4) making unwanted phone calls; | ||||||
| 16 | (5) sending unwanted mail; | ||||||
| 17 | (6) sending unwanted messages via social media; | ||||||
| 18 | (7) sending unwanted text messages; | ||||||
| 19 | (8) leaving objects for the person; | ||||||
| 20 | (9) vandalizing the person's property; | ||||||
| 21 | (10) injuring a pet; or | ||||||
| 22 | (11) using any electronic tracking system or acquiring | ||||||
| 23 | tracking information to determine the person's location, | ||||||
| 24 | movements, or travel patterns. | ||||||
| 25 | Section 15. Family Justice Centers. | ||||||
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| 1 | (a) A city, county, State, community-based nonprofit | ||||||
| 2 | organization, or a combination of these entities may establish | ||||||
| 3 | a multiagency, multidisciplinary Family Justice Center to | ||||||
| 4 | assist survivors of domestic violence, sexual violence, | ||||||
| 5 | stalking, and human trafficking, to ensure that survivors are | ||||||
| 6 | able to access needed services in one location, to enhance | ||||||
| 7 | survivor safety, to increase offender accountability, and to | ||||||
| 8 | improve access to services. | ||||||
| 9 | (b) A Family Justice Center is a multiagency, | ||||||
| 10 | multidisciplinary service center where public and private | ||||||
| 11 | agencies assign staff members on a full-time or part-time | ||||||
| 12 | basis to provide services to survivors of domestic violence, | ||||||
| 13 | sexual violence, stalking, and human trafficking from one | ||||||
| 14 | location, to reduce the number of times survivors must repeat | ||||||
| 15 | their accounts, to reduce the number of places survivors must | ||||||
| 16 | go for help, and to increase access to services and support for | ||||||
| 17 | survivors and their children. A Family Justice Center shall, | ||||||
| 18 | as appropriate, partner with other agencies to provide | ||||||
| 19 | services. | ||||||
| 20 | (c) Staff members at a Family Justice Center may include, | ||||||
| 21 | but are not limited to: | ||||||
| 22 | (1) domestic violence providers recognized by the | ||||||
| 23 | Department of Human Services; | ||||||
| 24 | (2) rape crisis organizations as defined in Section | ||||||
| 25 | 8-802.1 of the Code of Civil Procedure; | ||||||
| 26 | (3) civil legal service providers, in accordance with | ||||||
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| 1 | memoranda of understanding developed by the Family Justice | ||||||
| 2 | Center; | ||||||
| 3 | (4) legal advocacy providers, in accordance with | ||||||
| 4 | memoranda of understanding developed by the Family Justice | ||||||
| 5 | Center; | ||||||
| 6 | (5) mental health care providers, in accordance with | ||||||
| 7 | memoranda of understanding developed by the Family Justice | ||||||
| 8 | Center; | ||||||
| 9 | (6) housing providers, in accordance with memoranda of | ||||||
| 10 | understanding developed by the Family Justice Center; | ||||||
| 11 | (7) substance-use counselors, in accordance with | ||||||
| 12 | memoranda of understanding developed by the Family Justice | ||||||
| 13 | Center; | ||||||
| 14 | (8) Family Justice Center administrative personnel; | ||||||
| 15 | (9) medical personnel; | ||||||
| 16 | (10) local Children's Advocacy Centers; | ||||||
| 17 | (11) law enforcement; | ||||||
| 18 | (12) the State's Attorney's office and victim-witness | ||||||
| 19 | personnel; | ||||||
| 20 | (13) supervised volunteers of partner agencies; and | ||||||
| 21 | (14) other professional agencies serving survivors of | ||||||
| 22 | domestic violence, sexual violence, stalking, or human | ||||||
| 23 | trafficking, in accordance with memoranda of understanding | ||||||
| 24 | developed by the Family Justice Center. | ||||||
| 25 | (d) If Department of Children and Family Services | ||||||
| 26 | personnel are present on site at a Family Justice Center, they | ||||||
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| 1 | shall only interact with a survivor receiving services from | ||||||
| 2 | the Family Justice Center upon the survivor's request. | ||||||
| 3 | (e) This Section does not abrogate existing laws regarding | ||||||
| 4 | privacy or information sharing. Family Justice Center staff | ||||||
| 5 | members shall comply with the laws governing their respective | ||||||
| 6 | professions. | ||||||
| 7 | (f) Survivors shall not be required to participate with | ||||||
| 8 | law enforcement, the Department of Children and Family | ||||||
| 9 | Services, or the criminal justice system to receive services | ||||||
| 10 | at a Family Justice Center. A Family Justice Center shall | ||||||
| 11 | establish memoranda of understanding with law enforcement, the | ||||||
| 12 | Department of Children and Family Services, and State's | ||||||
| 13 | Attorneys' offices to facilitate collaboration, improved | ||||||
| 14 | processes, and systems change for the benefit of survivors and | ||||||
| 15 | the health, safety, and well-being of the community. | ||||||
| 16 | (g) Each Family Justice Center shall consult with | ||||||
| 17 | statewide and local community-based domestic violence, sexual | ||||||
| 18 | assault, stalking, and human trafficking agencies, in | ||||||
| 19 | partnership with survivors and their advocates, in the | ||||||
| 20 | operation of the Family Justice Center. Each Family Justice | ||||||
| 21 | Center shall establish procedures for ongoing input, feedback, | ||||||
| 22 | and evaluation by survivors and community-based survivor | ||||||
| 23 | service providers and advocates. | ||||||
| 24 | (h) Each Family Justice Center shall develop operating | ||||||
| 25 | agreements, policies, and procedures, in collaboration with | ||||||
| 26 | local community-based survivor service providers and local | ||||||
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| 1 | survivors, to ensure coordinated services and to enhance the | ||||||
| 2 | safety of survivors and professionals at the Family Justice | ||||||
| 3 | Center, including participants in affiliated survivor-centered | ||||||
| 4 | support or advocacy groups. Each Family Justice Center shall | ||||||
| 5 | maintain a formal survivor feedback, complaint, and input | ||||||
| 6 | process to address concerns about services or the conduct of | ||||||
| 7 | any Family Justice Center professionals, agency partners, or | ||||||
| 8 | volunteers. | ||||||
| 9 | (i) Each Family Justice Center shall provide survivors | ||||||
| 10 | with educational materials relating to rights available under | ||||||
| 11 | Illinois law. | ||||||
| 12 | (j) Each Family Justice Center shall maintain a survivor's | ||||||
| 13 | informed, specific, and time-limited consent. The consent | ||||||
| 14 | policy, and the sharing of any details gathered from the | ||||||
| 15 | survivor, the survivor's family, or other sources shall follow | ||||||
| 16 | all State and federal laws, including, but not limited to, the | ||||||
| 17 | Violence Against Women Act of 1994, so as to protect the | ||||||
| 18 | confidentiality of information gathered and any documents in a | ||||||
| 19 | survivor's file, including, but not limited to, medical | ||||||
| 20 | records, legal records, survivor counselor records, and any | ||||||
| 21 | other information gathered during intake or throughout the | ||||||
| 22 | period of engagement with the survivor. Each Family Justice | ||||||
| 23 | Center shall develop privacy policies and procedures | ||||||
| 24 | consistent with State and federal privacy and confidentiality | ||||||
| 25 | laws and the Fair Information Practice Principles adopted by | ||||||
| 26 | the U.S. Department of Homeland Security in Privacy Policy | ||||||
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| 1 | Guidance Memorandum 2008-01. | ||||||
| 2 | (k) A Family Justice Center shall obtain informed, | ||||||
| 3 | written, time-limited consent from a survivor before sharing | ||||||
| 4 | information obtained from the survivor with any staff member | ||||||
| 5 | or agency partner, except that a Family Justice Center shall | ||||||
| 6 | inform the survivor that information shared with staff members | ||||||
| 7 | or partner agencies may be shared with the Department of | ||||||
| 8 | Children and Family Services or a peace officer without the | ||||||
| 9 | survivor's consent if there is a mandatory duty to report or if | ||||||
| 10 | the survivor is a danger to self or others. A Family Justice | ||||||
| 11 | Center shall obtain written acknowledgment that the survivor | ||||||
| 12 | has been informed of this policy. | ||||||
| 13 | (l) Consent by a survivor to share information within a | ||||||
| 14 | Family Justice Center under this Section shall not be | ||||||
| 15 | construed as a universal waiver of any evidentiary privilege | ||||||
| 16 | that makes confidential communications or documents between | ||||||
| 17 | the survivor and a service provider, including, without | ||||||
| 18 | limitation, any lawyer, advocate, rape crisis counselor, or | ||||||
| 19 | domestic violence counselor, and including protections under | ||||||
| 20 | applicable State and federal law, such as the Address | ||||||
| 21 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
| 22 | Assault, Human Trafficking, or Stalking Act; and Sections | ||||||
| 23 | 8-802, 8-802.1, and 8-802.2 of the Code of Civil Procedure. | ||||||
| 24 | Any oral or written communication or document authorized by | ||||||
| 25 | the survivor to be shared for the purposes of enhancing safety | ||||||
| 26 | and providing more effective and efficient services shall not | ||||||
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| 1 | be disclosed to any third party, unless authorized by the | ||||||
| 2 | survivor or required by State or federal law or court order. | ||||||
| 3 | (m) An individual staff member, volunteer, or agency that | ||||||
| 4 | has survivor information governed by this Section shall not be | ||||||
| 5 | required to disclose that information unless the survivor has | ||||||
| 6 | consented to the disclosure or the disclosure is consistent | ||||||
| 7 | with applicable State law regarding crime victims' rights. | ||||||
| 8 | (n) A disclosure of information consented to by the | ||||||
| 9 | survivor in a Family Justice Center, made for the purposes of | ||||||
| 10 | clinical assessment, risk assessment, safety planning, or | ||||||
| 11 | service delivery, shall not be deemed a waiver of any | ||||||
| 12 | privilege or confidentiality provision contained in any other | ||||||
| 13 | law of this State. | ||||||
| 14 | (o) In addition to any other required training, each | ||||||
| 15 | Family Justice Center shall maintain a training program with | ||||||
| 16 | mandatory training of not less than 16 hours per year for all | ||||||
| 17 | persons providing services at the Family Justice Center, | ||||||
| 18 | including, but not limited to, training on evidentiary | ||||||
| 19 | privileges, confidentiality provisions, information sharing, | ||||||
| 20 | risk assessment, safety planning, survivor advocacy, and | ||||||
| 21 | high-risk case response. | ||||||
