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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 26 | ||||||
| 12 | percent from 2023 to 2024 to a total of 59,704 contacts, | ||||||
| 13 | which is 140 percent higher than in 2019 (Measuring Safety | ||||||
| 14 | 2024, Illinois Domestic Violence Hotline Report - The | ||||||
| 15 | Network). This rising rate of reports, coupled with the | ||||||
| 16 | reality that many incidents go unreported, demonstrates | ||||||
| 17 | the need for a State response. | ||||||
| 18 | (5) Given the intimate and personal nature of sexual | ||||||
| 19 | violence, advocacy services are necessary to support | ||||||
| 20 | survivors of sexual assault by providing comprehensive | ||||||
| 21 | assistance that addresses immediate and long-term needs. | ||||||
| 22 | The State of Illinois should continue to support these | ||||||
| 23 | programs, which have faced declining funds in recent | ||||||
| 24 | years. | ||||||
| 25 | (6) In 2025, the Illinois General Assembly enacted | ||||||
| 26 | Public Act 104-159, the Illinois Statewide Trauma-Informed | ||||||
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| 1 | Response to Human Trafficking Act, recognizing the need | ||||||
| 2 | for a comprehensive response to human trafficking in the | ||||||
| 3 | State. Public Act 104-159 requires agencies to investigate | ||||||
| 4 | and respond in a survivor-centered, trauma-informed manner | ||||||
| 5 | to increase the detection of survivors and provide a | ||||||
| 6 | survivor-centered, trauma-informed response when | ||||||
| 7 | survivors present for services. | ||||||
| 8 | (7) The Family Justice Center framework offers a | ||||||
| 9 | comprehensive and collaborative approach to addressing | ||||||
| 10 | domestic violence, sexual violence, stalking, and human | ||||||
| 11 | trafficking. Family Justice Centers bring together | ||||||
| 12 | professionals and services under one roof, providing a | ||||||
| 13 | safe and supportive environment for survivors and ensuring | ||||||
| 14 | a coordinated and effective response. | ||||||
| 15 | (8) Children's Advocacy Centers were established in | ||||||
| 16 | Illinois by Public Act 86-276 and are governed by the | ||||||
| 17 | Children's Advocacy Center Act. In response to the need | ||||||
| 18 | for a formal, comprehensive, integrated, and | ||||||
| 19 | multidisciplinary approach to child maltreatment, | ||||||
| 20 | Children's Advocacy Centers provide subject-matter | ||||||
| 21 | expertise that complements Family Justice Centers. This | ||||||
| 22 | Act is intended to enhance collaboration and sharing of | ||||||
| 23 | expertise and is not meant to supersede the expertise of | ||||||
| 24 | Children's Advocacy Centers. Domestic violence, sexual | ||||||
| 25 | violence, and child abuse are forms of community violence | ||||||
| 26 | that require coordinated responses. Family Justice Centers | ||||||
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| 1 | and Children's Advocacy Centers should work | ||||||
| 2 | collaboratively. | ||||||
| 3 | (9) Family Justice Centers minimize the need for | ||||||
| 4 | survivors to navigate multiple agencies, to travel to | ||||||
| 5 | multiple locations, and to repeat their stories. They | ||||||
| 6 | offer services shown to improve access to services, | ||||||
| 7 | increase hope and well-being, reduce recantation, reduce | ||||||
| 8 | homicides, and increase successful prosecution of | ||||||
| 9 | offenders. | ||||||
| 10 | (10) Creating Family Justice Centers is essential to | ||||||
| 11 | provide multiagency, multidisciplinary support and | ||||||
| 12 | services to survivors of domestic violence, sexual | ||||||
| 13 | violence, stalking, and human trafficking; to ensure | ||||||
| 14 | survivors can access all needed services; to enhance | ||||||
| 15 | survivor safety; to increase offender accountability; and | ||||||
| 16 | to reduce the number of times survivors are questioned and | ||||||
| 17 | examined and the number of places survivors must go to | ||||||
| 18 | receive assistance. | ||||||
| 19 | Section 10. Definitions. As used in this Act: | ||||||
| 20 | "Domestic violence" means any act of abuse as defined in | ||||||
| 21 | the Illinois Domestic Violence Act of 1986. | ||||||
| 22 | "Human trafficking" means an act as set forth in Section | ||||||
| 23 | 10-9 of the Criminal Code of 2012, including recruiting, | ||||||
| 24 | harboring, transporting, providing, or obtaining a person for | ||||||
| 25 | labor or services through force, fraud, or coercion. | ||||||
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| 1 | "Sexual violence" means physical sexual acts attempted or | ||||||
| 2 | perpetrated against a person's will or when a person is | ||||||
| 3 | incapable of giving consent, including, without limitation, | ||||||
| 4 | rape, sexual assault, sexual battery, sexual abuse, and sexual | ||||||
| 5 | coercion. | ||||||
| 6 | "Stalking" has the meaning given to that term in the | ||||||
| 7 | Stalking No Contact Order Act. | ||||||
| 8 | "Stalking" includes, without limitation, the following | ||||||
| 9 | conduct: | ||||||
| 10 | (1) following a person; | ||||||
| 11 | (2) conducting surveillance of the person; | ||||||
| 12 | (3) appearing at the person's home, work, or school | ||||||
| 13 | without a reasonable purpose under the circumstances; | ||||||
| 14 | (4) making unwanted phone calls; | ||||||
| 15 | (5) sending unwanted mail; | ||||||
| 16 | (6) sending unwanted messages via social media; | ||||||
| 17 | (7) sending unwanted text messages; | ||||||
| 18 | (8) leaving objects for the person; | ||||||
| 19 | (9) vandalizing the person's property; | ||||||
| 20 | (10) injuring a pet; or | ||||||
| 21 | (11) using any electronic tracking system or acquiring | ||||||
| 22 | tracking information to determine the person's location, | ||||||
| 23 | movements, or travel patterns. | ||||||
| 24 | Section 15. Family Justice Centers. | ||||||
| 25 | (a) A city, county, State, community-based nonprofit | ||||||
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| 1 | organization, or a combination of these entities may establish | ||||||
| 2 | a multiagency, multidisciplinary Family Justice Center to | ||||||
| 3 | assist survivors of domestic violence, sexual violence, | ||||||
| 4 | stalking, and human trafficking, to ensure that survivors are | ||||||
| 5 | able to access needed services in one location, to enhance | ||||||
| 6 | survivor safety, to increase offender accountability, and to | ||||||
| 7 | improve access to services. | ||||||
| 8 | (b) A Family Justice Center is a multiagency, | ||||||
| 9 | multidisciplinary service center where public and private | ||||||
| 10 | agencies assign staff members on a full-time or part-time | ||||||
| 11 | basis to provide services to survivors of domestic violence, | ||||||
| 12 | sexual violence, stalking, and human trafficking from one | ||||||
| 13 | location, to reduce the number of times survivors must repeat | ||||||
| 14 | their accounts, to reduce the number of places survivors must | ||||||
| 15 | go for help, and to increase access to services and support for | ||||||
| 16 | survivors and their children. A Family Justice Center shall, | ||||||
| 17 | as appropriate, partner with other agencies to provide | ||||||
| 18 | services. | ||||||
| 19 | (c) Staff members at a Family Justice Center may include, | ||||||
| 20 | but are not limited to: | ||||||
| 21 | (1) domestic violence providers recognized by the | ||||||
| 22 | Department of Human Services; | ||||||
| 23 | (2) rape crisis organizations as defined in Section | ||||||
| 24 | 8-802.1 of the Code of Civil Procedure; | ||||||
| 25 | (3) civil legal service providers, in accordance with | ||||||
| 26 | memoranda of understanding developed by the Family Justice | ||||||
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| 1 | Center; | ||||||
| 2 | (4) legal advocacy providers, in accordance with | ||||||
| 3 | memoranda of understanding developed by the Family Justice | ||||||
| 4 | Center; | ||||||
| 5 | (5) mental health care providers, in accordance with | ||||||
| 6 | memoranda of understanding developed by the Family Justice | ||||||
| 7 | Center; | ||||||
| 8 | (6) housing providers, in accordance with memoranda of | ||||||
| 9 | understanding developed by the Family Justice Center; | ||||||
| 10 | (7) substance-use counselors, in accordance with | ||||||
| 11 | memoranda of understanding developed by the Family Justice | ||||||
| 12 | Center; | ||||||
| 13 | (8) Family Justice Center administrative personnel; | ||||||
| 14 | (9) medical personnel; | ||||||
| 15 | (10) local Children's Advocacy Centers; | ||||||
| 16 | (11) law enforcement; | ||||||
| 17 | (12) the State's Attorney's office and victim-witness | ||||||
| 18 | personnel; | ||||||
| 19 | (13) supervised volunteers of partner agencies; and | ||||||
| 20 | (14) other professional agencies serving survivors of | ||||||
| 21 | domestic violence, sexual violence, sexual assault, | ||||||
| 22 | stalking, or human trafficking, in accordance with | ||||||
| 23 | memoranda of understanding developed by the Family Justice | ||||||
| 24 | Center. | ||||||
| 25 | (d) This Section does not abrogate existing laws regarding | ||||||
| 26 | privacy or information sharing. Family Justice Center staff | ||||||
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| 1 | members shall comply with the laws governing their respective | ||||||
| 2 | professions. | ||||||
| 3 | (e) Survivors shall not be required to participate with | ||||||
| 4 | law enforcement or the criminal justice system to receive | ||||||
| 5 | services at a Family Justice Center. A Family Justice Center | ||||||
| 6 | shall establish memoranda of understanding with law | ||||||
| 7 | enforcement and State's Attorney's offices to facilitate | ||||||
| 8 | collaboration, improved processes, and systems change for the | ||||||
| 9 | benefit of survivors and the health, safety, and well-being of | ||||||
| 10 | the community. | ||||||
| 11 | (f) Each Family Justice Center shall consult with | ||||||
| 12 | community-based domestic violence, sexual assault, stalking, | ||||||
| 13 | and human trafficking agencies, in partnership with survivors | ||||||
| 14 | and their advocates, in the operation of the Family Justice | ||||||
| 15 | Center. Each Family Justice Center shall establish procedures | ||||||
| 16 | for ongoing input, feedback, and evaluation by survivors and | ||||||
| 17 | community-based survivor service providers and advocates. | ||||||
| 18 | (g) Each Family Justice Center shall develop operating | ||||||
| 19 | agreements, policies, and procedures, in collaboration with | ||||||
| 20 | local community-based survivor service providers and local | ||||||
| 21 | survivors, to ensure coordinated services and to enhance the | ||||||
| 22 | safety of survivors and professionals at the Family Justice | ||||||
| 23 | Center, including participants in affiliated survivor-centered | ||||||
| 24 | support or advocacy groups. Each Family Justice Center shall | ||||||
| 25 | maintain a formal survivor feedback, complaint, and input | ||||||
| 26 | process to address concerns about services or the conduct of | ||||||
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| 1 | any Family Justice Center professionals, agency partners, or | ||||||
| 2 | volunteers. | ||||||
| 3 | (h) Each Family Justice Center shall provide survivors | ||||||
| 4 | with educational materials relating to rights available under | ||||||
| 5 | Illinois law. | ||||||
| 6 | (i) Each Family Justice Center shall maintain a survivor | ||||||
| 7 | consent policy and shall follow all State and federal laws | ||||||
| 8 | protecting the confidentiality of information and documents in | ||||||
| 9 | a survivor's file, including, but not limited to, medical, | ||||||
| 10 | legal, and survivor counselor records. Each Family Justice | ||||||
| 11 | Center shall develop privacy policies and procedures | ||||||
| 12 | consistent with State and federal privacy and confidentiality | ||||||
| 13 | laws and the Fair Information Practice Principles promulgated | ||||||
| 14 | by the U.S. Department of Homeland Security. | ||||||
| 15 | (j) A Family Justice Center shall obtain informed, | ||||||
| 16 | written, time-limited consent from a survivor before sharing | ||||||
| 17 | information obtained from the survivor with any staff member | ||||||
| 18 | or agency partner, except as provided in paragraphs (1) and | ||||||
| 19 | (2) of this subsection. | ||||||
| 20 | (1) A Family Justice Center is not required to obtain | ||||||
| 21 | consent before sharing information obtained from the | ||||||
| 22 | survivor with a mandated reporter, a peace officer, or a | ||||||
| 23 | member of the prosecution team if that person is required | ||||||
| 24 | by law to report or disclose specific information or | ||||||
| 25 | incidents. Such persons shall inform the survivor that | ||||||
| 26 | they may share information without the survivor's consent. | ||||||
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| 1 | (2) A Family Justice Center shall inform the survivor | ||||||
| 2 | that information shared with staff members or partner | ||||||
| 3 | agencies may be shared with law enforcement without the | ||||||
| 4 | survivor's consent if there is a mandatory duty to report | ||||||
| 5 | or if the survivor is a danger to itself or others. A | ||||||
| 6 | Family Justice Center shall obtain written acknowledgment | ||||||
| 7 | that the survivor has been informed of this policy. | ||||||
| 8 | (k) Consent by a survivor to share information within a | ||||||
| 9 | Family Justice Center under this Section shall not be | ||||||
| 10 | construed as a universal waiver of any evidentiary privilege | ||||||
| 11 | that makes confidential communications or documents between | ||||||
| 12 | the survivor and a service provider, including, without | ||||||
| 13 | limitation, any lawyer, advocate, rape crisis counselor, or | ||||||
| 14 | domestic violence counselor, and including protections under | ||||||
| 15 | applicable State and federal law, such as the Address | ||||||
| 16 | Confidentiality for Victims of Domestic Violence, Sexual | ||||||
| 17 | Assault, Human Trafficking, or Stalking Act; and Sections | ||||||
| 18 | 8-802, 8-802.1, and 8-802.2 of the Code of Civil Procedure. | ||||||
| 19 | Any oral or written communication or document authorized by | ||||||
| 20 | the survivor to be shared for the purposes of enhancing safety | ||||||
| 21 | and providing more effective and efficient services shall not | ||||||
| 22 | be disclosed to any third party, unless authorized by the | ||||||
| 23 | survivor or required by State or federal law or court order. | ||||||
| 24 | (l) An individual staff member, volunteer, or agency that | ||||||
| 25 | has survivor information governed by this Section shall not be | ||||||
| 26 | required to disclose that information unless the survivor has | ||||||
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| 1 | consented to the disclosure or the disclosure is consistent | ||||||
| 2 | with applicable State law regarding crime victims' rights. | ||||||
| 3 | (m) A disclosure of information consented to by the | ||||||
| 4 | survivor in a Family Justice Center, made for the purposes of | ||||||
| 5 | clinical assessment, risk assessment, safety planning, or | ||||||
| 6 | service delivery, shall not be deemed a waiver of any | ||||||
| 7 | privilege or confidentiality provision contained in any other | ||||||
| 8 | law of this State. | ||||||
| 9 | (n) In addition to any other required training, each | ||||||
| 10 | Family Justice Center shall maintain a training program with | ||||||
| 11 | mandatory training of not less than 16 hours per year for all | ||||||
| 12 | persons providing services at the Family Justice Center, | ||||||
| 13 | including, but not limited to, training on evidentiary | ||||||
| 14 | privileges, confidentiality provisions, information sharing, | ||||||
| 15 | risk assessment, safety planning, survivor advocacy, and | ||||||
| 16 | high-risk case response. | ||||||