|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2934 Introduced 1/27/2026, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: | | 15 ILCS 205/6.7 new | | 750 ILCS 60/214 | from Ch. 40, par. 2312-14 | 750 ILCS 60/222 | from Ch. 40, par. 2312-22 | 750 ILCS 60/222.15 new | | 750 ILCS 60/223 | from Ch. 40, par. 2312-23 | 750 ILCS 60/305 | from Ch. 40, par. 2313-5 |
| Amends the Attorney General Act. Requires the Attorney General to develop and provide guidance for electronic service by law enforcement of orders of protection issued under the Illinois Domestic Violence Act of 1986. Amends the Illinois Domestic Violence Act of 1986. Provides that if petitioner is granted a stay-away order, the court may order local law enforcement, to the extent possible, to periodically monitor the petitioner's residence, periodically patrol near the petitioner's residence, and investigate whether a violation of the order of protection has occurred. Permits electronic service of an order of protection after 2 unsuccessful attempts of personal service. Provides the circumstances in which electronic service may be used. Makes other changes. |
| |
| | A BILL FOR |
|
|
| | SB2934 | | LRB104 17679 JRC 31110 b |
|
|
| 1 | | AN ACT concerning domestic violence. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Attorney General Act is amended by adding |
| 5 | | Section 6.7 as follows: |
| 6 | | (15 ILCS 205/6.7 new) |
| 7 | | Sec. 6.7. Guidance and procedures for electronic service. |
| 8 | | The General Assembly finds that the Illinois Domestic Violence |
| 9 | | Act of 1986's goals of supporting and protecting victims from |
| 10 | | further abuse require strategic and vigilant action from the |
| 11 | | court and law enforcement. To assist these efforts, the Office |
| 12 | | of the Attorney General shall develop and provide guidance and |
| 13 | | procedures for attempting electronic service, as allowed under |
| 14 | | the Illinois Domestic Violence Act of 1986. Access to |
| 15 | | electronic service simplifies and modernizes courts, reduces |
| 16 | | costs, guarantees actual notice to the respondent, and |
| 17 | | minimizes delays and the need for more hearings, all of which |
| 18 | | can hinder access to justice and undermine judicial economy. |
| 19 | | Section 10. The Illinois Domestic Violence Act of 1986 is |
| 20 | | amended by changing Sections 214, 222, 223, and 305 and by |
| 21 | | adding Section 222.15 as follows: |
|
| | SB2934 | - 2 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14) |
| 2 | | Sec. 214. Order of protection; remedies. |
| 3 | | (a) Issuance of order. If the court finds that petitioner |
| 4 | | has been abused by a family or household member or that |
| 5 | | petitioner is a high-risk adult who has been abused, |
| 6 | | neglected, or exploited, as defined in this Act, an order of |
| 7 | | protection prohibiting the abuse, neglect, or exploitation |
| 8 | | shall issue; provided that petitioner must also satisfy the |
| 9 | | requirements of one of the following Sections, as appropriate: |
| 10 | | Section 217 on emergency orders, Section 218 on interim |
| 11 | | orders, or Section 219 on plenary orders. Petitioner shall not |
| 12 | | be denied an order of protection because petitioner or |
| 13 | | respondent is a minor. The court, when determining whether or |
| 14 | | not to issue an order of protection, shall not require |
| 15 | | physical manifestations of abuse on the person of the victim. |
| 16 | | Modification and extension of prior orders of protection shall |
| 17 | | be in accordance with this Act. |
| 18 | | (b) Remedies and standards. The remedies to be included in |
| 19 | | an order of protection shall be determined in accordance with |
| 20 | | this Section and one of the following Sections, as |
| 21 | | appropriate: Section 217 on emergency orders, Section 218 on |
| 22 | | interim orders, and Section 219 on plenary orders. The |
| 23 | | remedies listed in this subsection shall be in addition to |
| 24 | | other civil or criminal remedies available to petitioner. |
| 25 | | (1) Prohibition of abuse, neglect, or exploitation. |
| 26 | | Prohibit respondent's harassment, interference with |
|
| | SB2934 | - 3 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | personal liberty, intimidation of a dependent, physical |
| 2 | | abuse, or willful deprivation, neglect or exploitation, as |
| 3 | | defined in this Act, or stalking of the petitioner, as |
| 4 | | defined in Section 12-7.3 of the Criminal Code of 2012, if |
| 5 | | such abuse, neglect, exploitation, or stalking has |
| 6 | | occurred or otherwise appears likely to occur if not |
| 7 | | prohibited. |
| 8 | | (2) Grant of exclusive possession of residence. |
| 9 | | Prohibit respondent from entering or remaining in any |
| 10 | | residence, household, or premises of the petitioner, |
| 11 | | including one owned or leased by respondent, if petitioner |
| 12 | | has a right to occupancy thereof. The grant of exclusive |
| 13 | | possession of the residence, household, or premises shall |
| 14 | | not affect title to real property, nor shall the court be |
| 15 | | limited by the standard set forth in subsection (c-2) of |
| 16 | | Section 501 of the Illinois Marriage and Dissolution of |
| 17 | | Marriage Act. |
| 18 | | (A) Right to occupancy. A party has a right to |
| 19 | | occupancy of a residence or household if it is solely |
| 20 | | or jointly owned or leased by that party, that party's |
| 21 | | spouse, a person with a legal duty to support that |
| 22 | | party or a minor child in that party's care, or by any |
| 23 | | person or entity other than the opposing party that |
| 24 | | authorizes that party's occupancy (e.g., a domestic |
| 25 | | violence shelter). Standards set forth in subparagraph |
| 26 | | (B) shall not preclude equitable relief. |
|
| | SB2934 | - 4 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (B) Presumption of hardships. If petitioner and |
| 2 | | respondent each has the right to occupancy of a |
| 3 | | residence or household, the court shall balance (i) |
| 4 | | the hardships to respondent and any minor child or |
| 5 | | dependent adult in respondent's care resulting from |
| 6 | | entry of this remedy with (ii) the hardships to |
| 7 | | petitioner and any minor child or dependent adult in |
| 8 | | petitioner's care resulting from continued exposure to |
| 9 | | the risk of abuse (should petitioner remain at the |
| 10 | | residence or household) or from loss of possession of |
| 11 | | the residence or household (should petitioner leave to |
| 12 | | avoid the risk of abuse). When determining the balance |
| 13 | | of hardships, the court shall also take into account |
| 14 | | the accessibility of the residence or household. |
| 15 | | Hardships need not be balanced if respondent does not |
| 16 | | have a right to occupancy. |
| 17 | | The balance of hardships is presumed to favor |
| 18 | | possession by petitioner unless the presumption is |
| 19 | | rebutted by a preponderance of the evidence, showing |
| 20 | | that the hardships to respondent substantially |
| 21 | | outweigh the hardships to petitioner and any minor |
| 22 | | child or dependent adult in petitioner's care. The |
| 23 | | court, on the request of petitioner or on its own |
| 24 | | motion, may order respondent to provide suitable, |
| 25 | | accessible, alternate housing for petitioner instead |
| 26 | | of excluding respondent from a mutual residence or |
|
| | SB2934 | - 5 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | household. |
| 2 | | (3) Stay away order and additional prohibitions. Order |
| 3 | | respondent to stay away from petitioner or any other |
| 4 | | person protected by the order of protection, or prohibit |
| 5 | | respondent from entering or remaining present at |
| 6 | | petitioner's school, place of employment, or other |
| 7 | | specified places at times when petitioner is present, or |
| 8 | | both, if reasonable, given the balance of hardships. |
| 9 | | Hardships need not be balanced for the court to enter a |
| 10 | | stay away order or prohibit entry if respondent has no |
| 11 | | right to enter the premises. |
| 12 | | (A) If an order of protection grants petitioner |
| 13 | | exclusive possession of the residence, or prohibits |
| 14 | | respondent from entering the residence, or orders |
| 15 | | respondent to stay away from petitioner or other |
| 16 | | protected persons, then the court may allow respondent |
| 17 | | access to the residence to remove items of clothing |
| 18 | | and personal adornment used exclusively by respondent, |
| 19 | | medications, and other items as the court directs. The |
| 20 | | right to access shall be exercised on only one |
| 21 | | occasion as the court directs and in the presence of an |
| 22 | | agreed-upon adult third party or law enforcement |
| 23 | | officer. |
| 24 | | (B) When the petitioner and the respondent attend |
| 25 | | the same public, private, or non-public elementary, |
| 26 | | middle, or high school, the court when issuing an |
|
| | SB2934 | - 6 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | order of protection and providing relief shall |
| 2 | | consider the severity of the act, any continuing |
| 3 | | physical danger or emotional distress to the |
| 4 | | petitioner, the educational rights guaranteed to the |
| 5 | | petitioner and respondent under federal and State law, |
| 6 | | the availability of a transfer of the respondent to |
| 7 | | another school, a change of placement or a change of |
| 8 | | program of the respondent, the expense, difficulty, |
| 9 | | and educational disruption that would be caused by a |
| 10 | | transfer of the respondent to another school, and any |
| 11 | | other relevant facts of the case. The court may order |
| 12 | | that the respondent not attend the public, private, or |
| 13 | | non-public elementary, middle, or high school attended |
| 14 | | by the petitioner, order that the respondent accept a |
| 15 | | change of placement or change of program, as |
| 16 | | determined by the school district or private or |
| 17 | | non-public school, or place restrictions on the |
| 18 | | respondent's movements within the school attended by |
| 19 | | the petitioner. The respondent bears the burden of |
| 20 | | proving by a preponderance of the evidence that a |
| 21 | | transfer, change of placement, or change of program of |
| 22 | | the respondent is not available. The respondent also |
| 23 | | bears the burden of production with respect to the |
| 24 | | expense, difficulty, and educational disruption that |
| 25 | | would be caused by a transfer of the respondent to |
| 26 | | another school. A transfer, change of placement, or |
|
| | SB2934 | - 7 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | change of program is not unavailable to the respondent |
| 2 | | solely on the ground that the respondent does not |
| 3 | | agree with the school district's or private or |
| 4 | | non-public school's transfer, change of placement, or |
| 5 | | change of program or solely on the ground that the |
| 6 | | respondent fails or refuses to consent or otherwise |
| 7 | | does not take an action required to effectuate a |
| 8 | | transfer, change of placement, or change of program. |
| 9 | | When a court orders a respondent to stay away from the |
| 10 | | public, private, or non-public school attended by the |
| 11 | | petitioner and the respondent requests a transfer to |
| 12 | | another attendance center within the respondent's |
| 13 | | school district or private or non-public school, the |
| 14 | | school district or private or non-public school shall |
| 15 | | have sole discretion to determine the attendance |
| 16 | | center to which the respondent is transferred. In the |
| 17 | | event the court order results in a transfer of the |
| 18 | | minor respondent to another attendance center, a |
| 19 | | change in the respondent's placement, or a change of |
| 20 | | the respondent's program, the parents, guardian, or |
| 21 | | legal custodian of the respondent is responsible for |
| 22 | | transportation and other costs associated with the |
| 23 | | transfer or change. |
| 24 | | (C) The court may order the parents, guardian, or |
| 25 | | legal custodian of a minor respondent to take certain |
| 26 | | actions or to refrain from taking certain actions to |
|
| | SB2934 | - 8 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | ensure that the respondent complies with the order. In |
| 2 | | the event the court orders a transfer of the |
| 3 | | respondent to another school, the parents, guardian, |
| 4 | | or legal custodian of the respondent is responsible |
| 5 | | for transportation and other costs associated with the |
| 6 | | change of school by the respondent. |
| 7 | | (4) Counseling. Require or recommend the respondent to |
| 8 | | undergo counseling for a specified duration with a social |
| 9 | | worker, psychologist, clinical psychologist, |
| 10 | | psychiatrist, family service agency, alcohol or substance |
| 11 | | abuse program, mental health center guidance counselor, |
| 12 | | agency providing services to elders, program designed for |
| 13 | | domestic violence abusers or any other guidance service |
| 14 | | the court deems appropriate. The Court may order the |
| 15 | | respondent in any intimate partner relationship to report |
| 16 | | to an Illinois Department of Human Services protocol |
| 17 | | approved partner abuse intervention program for an |
| 18 | | assessment and to follow all recommended treatment. |
| 19 | | (5) Physical care and possession of the minor child. |
| 20 | | In order to protect the minor child from abuse, neglect, |
| 21 | | or unwarranted separation from the person who has been the |
| 22 | | minor child's primary caretaker, or to otherwise protect |
| 23 | | the well-being of the minor child, the court may do either |
| 24 | | or both of the following: (i) grant petitioner physical |
| 25 | | care or possession of the minor child, or both, or (ii) |
| 26 | | order respondent to return a minor child to, or not remove |
|
| | SB2934 | - 9 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | a minor child from, the physical care of a parent or person |
| 2 | | in loco parentis. |
| 3 | | If a court finds, after a hearing, that respondent has |
| 4 | | committed abuse (as defined in Section 103) of a minor |
| 5 | | child, there shall be a rebuttable presumption that |
| 6 | | awarding physical care to respondent would not be in the |
| 7 | | minor child's best interest. |
| 8 | | (6) Temporary allocation of parental responsibilities: |
| 9 | | significant decision-making. Award temporary |
| 10 | | decision-making responsibility to petitioner in accordance |
| 11 | | with this Section, the Illinois Marriage and Dissolution |
| 12 | | of Marriage Act, the Illinois Parentage Act of 2015, and |
| 13 | | this State's Uniform Child-Custody Jurisdiction and |
| 14 | | Enforcement Act. |
| 15 | | If a court finds, after a hearing, that respondent has |
| 16 | | committed abuse (as defined in Section 103) of a minor |
| 17 | | child, there shall be a rebuttable presumption that |
| 18 | | awarding temporary significant decision-making |
| 19 | | responsibility to respondent would not be in the child's |
| 20 | | best interest. |
| 21 | | (7) Parenting time. Determine the parenting time, if |
| 22 | | any, of respondent in any case in which the court awards |
| 23 | | physical care or allocates temporary significant |
| 24 | | decision-making responsibility of a minor child to |
| 25 | | petitioner. The court shall restrict or deny respondent's |
| 26 | | parenting time with a minor child if the court finds that |
|
| | SB2934 | - 10 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | respondent has done or is likely to do any of the |
| 2 | | following: (i) abuse or endanger the minor child during |
| 3 | | parenting time; (ii) use the parenting time as an |
| 4 | | opportunity to abuse or harass petitioner or petitioner's |
| 5 | | family or household members; (iii) improperly conceal or |
| 6 | | detain the minor child; or (iv) otherwise act in a manner |
| 7 | | that is not in the best interests of the minor child. The |
| 8 | | court shall not be limited by the standards set forth in |
| 9 | | Section 603.10 of the Illinois Marriage and Dissolution of |
| 10 | | Marriage Act. If the court grants parenting time, the |
| 11 | | order shall specify dates and times for the parenting time |
| 12 | | to take place or other specific parameters or conditions |
| 13 | | that are appropriate. No order for parenting time shall |
| 14 | | refer merely to the term "reasonable parenting time". |
| 15 | | Petitioner may deny respondent access to the minor |
| 16 | | child if, when respondent arrives for parenting time, |
| 17 | | respondent is under the influence of drugs or alcohol and |
| 18 | | constitutes a threat to the safety and well-being of |
| 19 | | petitioner or petitioner's minor children or is behaving |
| 20 | | in a violent or abusive manner. |
| 21 | | If necessary to protect any member of petitioner's |
| 22 | | family or household from future abuse, respondent shall be |
| 23 | | prohibited from coming to petitioner's residence to meet |
| 24 | | the minor child for parenting time, and the parties shall |
| 25 | | submit to the court their recommendations for reasonable |
| 26 | | alternative arrangements for parenting time. A person may |
|
| | SB2934 | - 11 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | be approved to supervise parenting time only after filing |
| 2 | | an affidavit accepting that responsibility and |
| 3 | | acknowledging accountability to the court. |
| 4 | | (8) Removal or concealment of minor child. Prohibit |
| 5 | | respondent from removing a minor child from the State or |
| 6 | | concealing the child within the State. |
| 7 | | (9) Order to appear. Order the respondent to appear in |
| 8 | | court, alone or with a minor child, to prevent abuse, |
| 9 | | neglect, removal or concealment of the child, to return |
| 10 | | the child to the custody or care of the petitioner or to |
| 11 | | permit any court-ordered interview or examination of the |
| 12 | | child or the respondent. |
| 13 | | (10) Possession of personal property. Grant petitioner |
| 14 | | exclusive possession of personal property and, if |
| 15 | | respondent has possession or control, direct respondent to |
| 16 | | promptly make it available to petitioner, if: |
| 17 | | (i) petitioner, but not respondent, owns the |
| 18 | | property; or |
| 19 | | (ii) the parties own the property jointly; sharing |
| 20 | | it would risk abuse of petitioner by respondent or is |
| 21 | | impracticable; and the balance of hardships favors |
| 22 | | temporary possession by petitioner. |
| 23 | | If petitioner's sole claim to ownership of the |
| 24 | | property is that it is marital property, the court may |
| 25 | | award petitioner temporary possession thereof under the |
| 26 | | standards of subparagraph (ii) of this paragraph only if a |
|
| | SB2934 | - 12 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | proper proceeding has been filed under the Illinois |
| 2 | | Marriage and Dissolution of Marriage Act, as now or |
| 3 | | hereafter amended. |
| 4 | | No order under this provision shall affect title to |
| 5 | | property. |
| 6 | | (11) Protection of property. Forbid the respondent |
| 7 | | from taking, transferring, encumbering, concealing, |
| 8 | | damaging or otherwise disposing of any real or personal |
| 9 | | property, except as explicitly authorized by the court, |
| 10 | | if: |
| 11 | | (i) petitioner, but not respondent, owns the |
| 12 | | property; or |
| 13 | | (ii) the parties own the property jointly, and the |
| 14 | | balance of hardships favors granting this remedy. |
| 15 | | If petitioner's sole claim to ownership of the |
| 16 | | property is that it is marital property, the court may |
| 17 | | grant petitioner relief under subparagraph (ii) of this |
| 18 | | paragraph only if a proper proceeding has been filed under |
| 19 | | the Illinois Marriage and Dissolution of Marriage Act, as |
| 20 | | now or hereafter amended. |
| 21 | | The court may further prohibit respondent from |
| 22 | | improperly using the financial or other resources of an |
| 23 | | aged member of the family or household for the profit or |
| 24 | | advantage of respondent or of any other person. |
| 25 | | (11.5) Protection of animals. Grant the petitioner the |
| 26 | | exclusive care, custody, or control of any animal owned, |
|
| | SB2934 | - 13 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | possessed, leased, kept, or held by either the petitioner |
| 2 | | or the respondent or a minor child residing in the |
| 3 | | residence or household of either the petitioner or the |
| 4 | | respondent and order the respondent to stay away from the |
| 5 | | animal and forbid the respondent from taking, |
| 6 | | transferring, encumbering, concealing, harming, or |
| 7 | | otherwise disposing of the animal. |
| 8 | | (12) Order for payment of support. Order respondent to |
| 9 | | pay temporary support for the petitioner or any child in |
| 10 | | the petitioner's care or over whom the petitioner has been |
| 11 | | allocated parental responsibility, when the respondent has |
| 12 | | a legal obligation to support that person, in accordance |
| 13 | | with the Illinois Marriage and Dissolution of Marriage |
| 14 | | Act, which shall govern, among other matters, the amount |
| 15 | | of support, payment through the clerk and withholding of |
| 16 | | income to secure payment. An order for child support may |
| 17 | | be granted to a petitioner with lawful physical care of a |
| 18 | | child, or an order or agreement for physical care of a |
| 19 | | child, prior to entry of an order allocating significant |
| 20 | | decision-making responsibility. Such a support order shall |
| 21 | | expire upon entry of a valid order allocating parental |
| 22 | | responsibility differently and vacating the petitioner's |
| 23 | | significant decision-making authority, unless otherwise |
| 24 | | provided in the order. |
| 25 | | (13) Order for payment of losses. Order respondent to |
| 26 | | pay petitioner for losses suffered as a direct result of |
|
| | SB2934 | - 14 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | the abuse, neglect, or exploitation. Such losses shall |
| 2 | | include, but not be limited to, medical expenses, lost |
| 3 | | earnings or other support, repair or replacement of |
| 4 | | property damaged or taken, reasonable attorney's fees, |
| 5 | | court costs and moving or other travel expenses, including |
| 6 | | additional reasonable expenses for temporary shelter and |
| 7 | | restaurant meals. |
| 8 | | (i) Losses affecting family needs. If a party is |
| 9 | | entitled to seek maintenance, child support or |
| 10 | | property distribution from the other party under the |
| 11 | | Illinois Marriage and Dissolution of Marriage Act, as |
| 12 | | now or hereafter amended, the court may order |
| 13 | | respondent to reimburse petitioner's actual losses, to |
| 14 | | the extent that such reimbursement would be |
| 15 | | "appropriate temporary relief", as authorized by |
| 16 | | subsection (a)(3) of Section 501 of that Act. |
| 17 | | (ii) Recovery of expenses. In the case of an |
| 18 | | improper concealment or removal of a minor child, the |
| 19 | | court may order respondent to pay the reasonable |
| 20 | | expenses incurred or to be incurred in the search for |
| 21 | | and recovery of the minor child, including but not |
| 22 | | limited to legal fees, court costs, private |
| 23 | | investigator fees, and travel costs. |
| 24 | | (14) Prohibition of entry. Prohibit the respondent |
| 25 | | from entering or remaining in the residence or household |
| 26 | | while the respondent is under the influence of alcohol or |
|
| | SB2934 | - 15 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | drugs and constitutes a threat to the safety and |
| 2 | | well-being of the petitioner or the petitioner's children. |
| 3 | | (14.5) Prohibition of possession of firearms and |
| 4 | | firearm parts; search and seizure of firearms and firearms |
| 5 | | parts. |
| 6 | | (A)(i) Prohibit a respondent against whom an |
| 7 | | emergency, interim, or plenary order of protection was |
| 8 | | issued from possessing, during the duration of the |
| 9 | | order, any firearms or firearm parts that could be |
| 10 | | assembled into an operable firearm if a search warrant |
| 11 | | is issued under (A-1) or the order: |
| 12 | | (aa) was issued after a hearing of which such |
| 13 | | person received actual notice, and at which such |
| 14 | | person had an opportunity to participate, or the |
| 15 | | petitioner has satisfied the requirements of |
| 16 | | Section 217; |
| 17 | | (bb) restrains such person from using physical |
| 18 | | force; harassing, stalking, or threatening an |
| 19 | | intimate partner of such person or child of such |
| 20 | | intimate partner or person; or engaging in other |
| 21 | | conduct that would place an intimate partner in |
| 22 | | reasonable fear of bodily injury to the partner or |
| 23 | | child; and |
| 24 | | (cc) includes a finding that such person |
| 25 | | represents a credible threat to the physical |
| 26 | | safety of such intimate partner or child. |
|
| | SB2934 | - 16 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (ii) The court shall order any respondent |
| 2 | | prohibited from possessing firearms under item (i) of |
| 3 | | subparagraph (A) to surrender any firearms or firearm |
| 4 | | parts that could be assembled to make an operable |
| 5 | | firearm. Any firearms or firearm parts on the |
| 6 | | respondent's person or at the place of service shall |
| 7 | | be surrendered to the serving officers at the time of |
| 8 | | service of the order of protection, and any other |
| 9 | | firearms or firearm parts shall be surrendered to |
| 10 | | local law enforcement within 24 hours of service of |
| 11 | | the order of protection. Any Firearm Owner's |
| 12 | | Identification Card or Concealed Carry License in the |
| 13 | | possession of the respondent, except as provided in |
| 14 | | subparagraph (B), shall also be ordered by the court |
| 15 | | to be turned over to the officer serving the order of |
| 16 | | protection at the time of service or, if not on the |
| 17 | | respondent's person or at the location where the |
| 18 | | respondent is served at the time of service, to local |
| 19 | | law enforcement within 24 hours of service of the |
| 20 | | order of protection. The law enforcement agency shall |
| 21 | | immediately mail the card, as well as any license, to |
| 22 | | the Illinois State Police Firearm Owner's |
| 23 | | Identification Card Office for safekeeping. |
| 24 | | (A-1)(i) Upon issuance of an emergency, interim, |
| 25 | | or plenary order of protection and subject to the |
| 26 | | provisions of item (ii) of this subparagraph (A-1), |
|
| | SB2934 | - 17 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | the court shall issue a search warrant for the seizure |
| 2 | | of any firearms or firearm parts that could be |
| 3 | | assembled to make an operable firearm belonging to the |
| 4 | | respondent if the court, based upon sworn testimony, |
| 5 | | finds that: |
| 6 | | (aa) the respondent poses a credible threat to |
| 7 | | the physical safety of the petitioner protected by |
| 8 | | the order of protection; and |
| 9 | | (bb) probable cause exists to believe that: |
| 10 | | (I) the respondent possesses firearms or |
| 11 | | firearm parts that could be assembled to make |
| 12 | | an operable firearm; |
| 13 | | (II) the firearms or firearm parts that |
| 14 | | could be assembled to make an operable firearm |
| 15 | | are located at the residence, vehicle, or |
| 16 | | other property of the respondent to be |
| 17 | | searched; and |
| 18 | | (III) the credible threat to the physical |
| 19 | | safety of the petitioner protected by the |
| 20 | | order of protection is immediate and present. |
| 21 | | The record shall reflect the court's findings in |
| 22 | | determining whether the search warrant shall be |
| 23 | | issued. |
| 24 | | (ii) If the petitioner does not seek a warrant |
| 25 | | under this subparagraph (A-1) or the court determines |
| 26 | | that the requirements of this subparagraph (A-1) have |
|
| | SB2934 | - 18 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | not been met, relief under subparagraph (A) alone may |
| 2 | | be granted. |
| 3 | | (iii) An ex parte search warrant shall be granted |
| 4 | | under this subparagraph (A-1) only if the court finds |
| 5 | | that: |
| 6 | | (aa) the elements of item (i) of subparagraph |
| 7 | | (A-1) have been met; |
| 8 | | (bb) personal injury to the petitioner is |
| 9 | | likely to occur if the respondent received prior |
| 10 | | notice; and |
| 11 | | (cc) the petitioner has otherwise satisfied |
| 12 | | the requirements of Section 217 of this Act. |
| 13 | | (iv) Oral testimony is sufficient in lieu of an |
| 14 | | affidavit to support a finding of probable cause. |
| 15 | | (v) A search warrant issued under this |
| 16 | | subparagraph (A-1) shall be directed by the court for |
| 17 | | enforcement to the law enforcement agency with primary |
| 18 | | responsibility for responding to calls for service at |
| 19 | | the location to be searched or to another appropriate |
| 20 | | law enforcement agency if justified by the |
| 21 | | circumstances. The search warrant shall specify with |
| 22 | | particularity the scope of the search, including the |
| 23 | | property to be searched, and shall direct the law |
| 24 | | enforcement agency to seize the respondent's firearms |
| 25 | | and firearm parts that could be assembled to make an |
| 26 | | operable firearm. Law enforcement shall also be |
|
| | SB2934 | - 19 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | directed to seize any Firearm Owner's Identification |
| 2 | | Card and any Concealed Carry License belonging to the |
| 3 | | respondent. |
| 4 | | (vi) The petitioner shall prepare an information |
| 5 | | sheet, reviewed by the court, for law enforcement at |
| 6 | | the time the warrant is granted. The information sheet |
| 7 | | shall include: |
| 8 | | (aa) contact information for the petitioner, |
| 9 | | the petitioner's attorney, or both, including a |
| 10 | | telephone number and email, if available; |
| 11 | | (bb) a physical description of the respondent, |
| 12 | | including the respondent's date of birth, if |
| 13 | | known, or approximate age, height, weight, race, |
| 14 | | and hair color; |
| 15 | | (cc) days and times that the respondent is |
| 16 | | likely to be at the property to be searched, if |
| 17 | | known; and |
| 18 | | (dd) whether people other than the respondent |
| 19 | | are likely to be present at the property to be |
| 20 | | searched and when, if known. |
| 21 | | (vii) The information sheet shall be transmitted |
| 22 | | to the law enforcement agency to which the search |
| 23 | | warrant is directed in the same manner as the warrant |
| 24 | | is transmitted under Section 222 of this Act. |
| 25 | | (viii) If the court, after determining a search |
| 26 | | warrant should issue, finds that the petitioner has |
|
| | SB2934 | - 20 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | made a credible report of domestic violence to the |
| 2 | | local law enforcement agency within the previous 90 |
| 3 | | days, law enforcement shall execute the warrant no |
| 4 | | later than 96 hours after receipt of the warrant. If |
| 5 | | the court finds that petitioner has not made such a |
| 6 | | report, the law enforcement agency to which the court |
| 7 | | has directed the warrant shall, within 48 hours of |
| 8 | | receipt, evaluate the warrant and seek any corrections |
| 9 | | to the warrant, and, if applicable, add to or negate |
| 10 | | the warrant. The record shall reflect the court's |
| 11 | | findings in determining whether to correct, add, or |
| 12 | | negate the warrant. If a change is made regarding the |
| 13 | | search warrant, law enforcement shall execute the |
| 14 | | warrant no later than 96 hours after the correction is |
| 15 | | issued. The law enforcement agency shall notify the |
| 16 | | petitioner of any changes to the warrant or if the |
| 17 | | warrant has been negated. The law enforcement agency |
| 18 | | to which the court has directed the warrant may |
| 19 | | coordinate with other law enforcement agencies to |
| 20 | | execute the warrant. A return of the warrant shall be |
| 21 | | filed by the law enforcement agency within 24 hours of |
| 22 | | execution, setting forth the time, date, and location |
| 23 | | where the warrant was executed and what items, if any, |
| 24 | | were seized. If the court is not in session, the return |
| 25 | | information shall be returned on the next date the |
| 26 | | court is in session. Subject to the provisions of this |
|
| | SB2934 | - 21 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | Section, peace officers shall have the same authority |
| 2 | | to execute a warrant issued pursuant to this |
| 3 | | subsection as a warrant issued under Article 108 of |
| 4 | | the Code of Criminal Procedure of 1963. |
| 5 | | (ix) Upon discovering a defect in the search |
| 6 | | warrant, the appropriate law enforcement agency may |
| 7 | | petition the court to correct the warrant. The law |
| 8 | | enforcement agency shall notify the petitioner of any |
| 9 | | such correction. |
| 10 | | (x) Upon petition by the appropriate law |
| 11 | | enforcement agency, the court may modify the search |
| 12 | | warrant or extend the time to execute the search |
| 13 | | warrant for a period of no more than 96 hours. In |
| 14 | | determining whether to modify or extend the warrant, |
| 15 | | the court shall consider: |
| 16 | | (aa) any increased risk to the petitioner's |
| 17 | | safety that may result from a modification or |
| 18 | | extension of the warrant; |
| 19 | | (bb) any unnecessary risk to law enforcement |
| 20 | | that would be mitigated by a modification or |
| 21 | | extension of the warrant; |
| 22 | | (cc) any risks to third parties at the |
| 23 | | location to be searched that would be mitigated by |
| 24 | | a modification or extension of the warrant; and |
| 25 | | (dd) the likelihood of successful execution of |
| 26 | | warrant. |
|
| | SB2934 | - 22 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | The record shall reflect the court's findings in |
| 2 | | determining whether to extend or modify the warrant. |
| 3 | | The law enforcement agency shall notify the petitioner |
| 4 | | of any modification or extension of the warrant. |
| 5 | | (xi) Service of any order of protection shall, to |
| 6 | | the extent possible, be concurrent with the execution |
| 7 | | of any search warrant under this paragraph. |
| 8 | | (B) If the respondent is a peace officer as |
| 9 | | defined in Section 2-13 of the Criminal Code of 2012, |
| 10 | | the court shall order that any firearms used by the |
| 11 | | respondent in the performance of his or her duties as a |
| 12 | | peace officer be surrendered to the chief law |
| 13 | | enforcement executive of the agency in which the |
| 14 | | respondent is employed, who shall retain the firearms |
| 15 | | for safekeeping for the duration of the order of |
| 16 | | protection. |
| 17 | | (C)(i) Any firearms or firearm parts that could be |
| 18 | | assembled to make an operable firearm shall be kept by |
| 19 | | the law enforcement agency that took possession of the |
| 20 | | items for safekeeping, except as provided in |
| 21 | | subparagraph (B). The period of safekeeping shall be |
| 22 | | for the duration of the order of protection. Except as |
| 23 | | provided in subparagraph (E), the respondent is |
| 24 | | prohibited from transferring firearms or firearm parts |
| 25 | | to another individual in lieu of surrender to law |
| 26 | | enforcement. The law enforcement agency shall provide |
|
| | SB2934 | - 23 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | an itemized statement of receipt to the respondent and |
| 2 | | the court describing any seized or surrendered |
| 3 | | firearms or firearm parts and informing the respondent |
| 4 | | that the respondent may seek the return of the |
| 5 | | respondent's items at the end of the order of |
| 6 | | protection. The law enforcement agency may enter |
| 7 | | arrangements, as needed, with federally licensed |
| 8 | | firearm dealers or other law enforcement agencies for |
| 9 | | the storage of any firearms seized or surrendered |
| 10 | | under this subsection. |
| 11 | | (ii) It is the respondent's responsibility to |
| 12 | | request the return or reinstatement of any Firearm |
| 13 | | Owner's Identification Card or Concealed Carry License |
| 14 | | and notify the Illinois State Police Firearm Owner's |
| 15 | | Identification Card Office at the end of the Order of |
| 16 | | Protection. |
| 17 | | (iii) At the end of the order of protection, a |
| 18 | | respondent may request the return of any seized or |
| 19 | | surrendered firearms or firearm parts that could be |
| 20 | | assembled to make an operable firearm. Such firearms |
| 21 | | or firearm parts shall be returned within 14 days of |
| 22 | | the request to the respondent, if the respondent is |
| 23 | | lawfully eligible to possess firearms, or to a |
| 24 | | designated third party who is lawfully eligible to |
| 25 | | possess firearms. If the firearms or firearm parts |
| 26 | | cannot be returned to respondent because (1) the |
|
| | SB2934 | - 24 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | respondent has not requested the return or transfer of |
| 2 | | the firearms or firearm parts as set forth in this |
| 3 | | subparagraph, and (2) the respondent cannot be located |
| 4 | | or fails to respond to more than 3 requests to retrieve |
| 5 | | the firearms or firearm parts the court may, or is not |
| 6 | | lawfully eligible to possess a firearm, upon petition |
| 7 | | from the appropriate law enforcement agency and notice |
| 8 | | to the respondent at the respondent's last known |
| 9 | | address, order the law enforcement agency to destroy |
| 10 | | the firearms or firearm parts; use the firearms or |
| 11 | | firearm parts for training purposes or for any other |
| 12 | | application as deemed appropriate by the law |
| 13 | | enforcement agency; or turn over the firearm or |
| 14 | | firearm parts to a third party who is lawfully |
| 15 | | eligible to possess firearms, and who does not reside |
| 16 | | with respondent. |
| 17 | | (D)(i) If a person other than the respondent |
| 18 | | claims title to any firearms and firearm parts that |
| 19 | | could be assembled to make an operable firearm seized |
| 20 | | or surrendered under this subsection, the person may |
| 21 | | petition the court to have the firearm and firearm |
| 22 | | parts that could be assembled to make an operable |
| 23 | | firearm returned to him or her with proper notice to |
| 24 | | the petitioner and respondent. If, at a hearing on the |
| 25 | | petition, the court determines the person to be the |
| 26 | | lawful owner of the firearm and firearm parts that |
|
| | SB2934 | - 25 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | could be assembled to make an operable firearm, the |
| 2 | | firearm and firearm parts that could be assembled to |
| 3 | | make an operable firearm shall be returned to the |
| 4 | | person, provided that: |
| 5 | | (aa) the firearm and firearm parts that could |
| 6 | | be assembled to make an operable firearm are |
| 7 | | removed from the respondent's custody, control, or |
| 8 | | possession and the lawful owner agrees to store |
| 9 | | the firearm and firearm parts that could be |
| 10 | | assembled to make an operable firearm in a manner |
| 11 | | such that the respondent does not have access to |
| 12 | | or control of the firearm and firearm parts that |
| 13 | | could be assembled to make an operable firearm; |
| 14 | | and |
| 15 | | (bb) the firearm and firearm parts that could |
| 16 | | be assembled to make an operable firearm are not |
| 17 | | otherwise unlawfully possessed by the owner. |
| 18 | | (ii) The person petitioning for the return of his |
| 19 | | or her firearm and firearm parts that could be |
| 20 | | assembled to make an operable firearm must swear or |
| 21 | | affirm by affidavit that he or she: |
| 22 | | (aa) is the lawful owner of the firearm and |
| 23 | | firearm parts that could be assembled to make an |
| 24 | | operable firearm; |
| 25 | | (bb) shall not transfer the firearm and |
| 26 | | firearm parts that could be assembled to make an |
|
| | SB2934 | - 26 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | operable firearm to the respondent; and |
| 2 | | (cc) will store the firearm and firearm parts |
| 3 | | that could be assembled to make an operable |
| 4 | | firearm in a manner that the respondent does not |
| 5 | | have access to or control of the firearm and |
| 6 | | firearm parts that could be assembled to make an |
| 7 | | operable firearm. |
| 8 | | (E)(i) The respondent may file a motion to |
| 9 | | transfer, at the next scheduled hearing, any seized or |
| 10 | | surrendered firearms or firearm parts to a third |
| 11 | | party. Notice of the motion shall be provided to the |
| 12 | | petitioner and the third party must appear at the |
| 13 | | hearing. |
| 14 | | (ii) The court may order transfer of the seized or |
| 15 | | surrendered firearm or firearm parts only if: |
| 16 | | (aa) the third party transferee affirms by |
| 17 | | affidavit to the open court that: |
| 18 | | (I) the third party transferee does not |
| 19 | | reside with the respondent; |
| 20 | | (II) the respondent does not have access |
| 21 | | to the location in which the third party |
| 22 | | transferee intends to keep the firearms or |
| 23 | | firearm parts; |
| 24 | | (III) the third party transferee will not |
| 25 | | transfer the firearm or firearm parts to the |
| 26 | | respondent or anyone who resides with the |
|
| | SB2934 | - 27 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | respondent; |
| 2 | | (IV) the third party transferee will |
| 3 | | maintain control and possession of the firearm |
| 4 | | or firearm parts until otherwise ordered by |
| 5 | | the court; and |
| 6 | | (V) the third party transferee will be |
| 7 | | subject to criminal penalties for transferring |
| 8 | | the firearms or firearm parts to the |
| 9 | | respondent; and |
| 10 | | (bb) the court finds that: |
| 11 | | (I) the respondent holds a valid Firearm |
| 12 | | Owner's Identification; and |
| 13 | | (II) the transfer of firearms or firearm |
| 14 | | parts to the third party transferee does not |
| 15 | | place the petitioner or any other protected |
| 16 | | parties at any additional threat or risk of |
| 17 | | harm. |
| 18 | | (15) Prohibition of access to records. If an order of |
| 19 | | protection prohibits respondent from having contact with |
| 20 | | the minor child, or if petitioner's address is omitted |
| 21 | | under subsection (b) of Section 203, or if necessary to |
| 22 | | prevent abuse or wrongful removal or concealment of a |
| 23 | | minor child, the order shall deny respondent access to, |
| 24 | | and prohibit respondent from inspecting, obtaining, or |
| 25 | | attempting to inspect or obtain, school or any other |
| 26 | | records of the minor child who is in the care of |
|
| | SB2934 | - 28 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | petitioner. |
| 2 | | (16) Order for payment of shelter services. Order |
| 3 | | respondent to reimburse a shelter providing temporary |
| 4 | | housing and counseling services to the petitioner for the |
| 5 | | cost of the services, as certified by the shelter and |
| 6 | | deemed reasonable by the court. |
| 7 | | (17) Order for injunctive relief. Enter injunctive |
| 8 | | relief necessary or appropriate to prevent further abuse |
| 9 | | of a family or household member or further abuse, neglect, |
| 10 | | or exploitation of a high-risk adult with disabilities or |
| 11 | | to effectuate one of the granted remedies, if supported by |
| 12 | | the balance of hardships. If the harm to be prevented by |
| 13 | | the injunction is abuse or any other harm that one of the |
| 14 | | remedies listed in paragraphs (1) through (16) of this |
| 15 | | subsection is designed to prevent, no further evidence is |
| 16 | | necessary that the harm is an irreparable injury. |
| 17 | | (18) Telephone services. |
| 18 | | (A) Unless a condition described in subparagraph |
| 19 | | (B) of this paragraph exists, the court may, upon |
| 20 | | request by the petitioner, order a wireless telephone |
| 21 | | service provider to transfer to the petitioner the |
| 22 | | right to continue to use a telephone number or numbers |
| 23 | | indicated by the petitioner and the financial |
| 24 | | responsibility associated with the number or numbers, |
| 25 | | as set forth in subparagraph (C) of this paragraph. |
| 26 | | For purposes of this paragraph (18), the term |
|
| | SB2934 | - 29 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | "wireless telephone service provider" means a provider |
| 2 | | of commercial mobile service as defined in 47 U.S.C. |
| 3 | | 332. The petitioner may request the transfer of each |
| 4 | | telephone number that the petitioner, or a minor child |
| 5 | | in his or her custody, uses. The clerk of the court |
| 6 | | shall serve the order on the wireless telephone |
| 7 | | service provider's agent for service of process |
| 8 | | provided to the Illinois Commerce Commission. The |
| 9 | | order shall contain all of the following: |
| 10 | | (i) The name and billing telephone number of |
| 11 | | the account holder including the name of the |
| 12 | | wireless telephone service provider that serves |
| 13 | | the account. |
| 14 | | (ii) Each telephone number that will be |
| 15 | | transferred. |
| 16 | | (iii) A statement that the provider transfers |
| 17 | | to the petitioner all financial responsibility for |
| 18 | | and right to the use of any telephone number |
| 19 | | transferred under this paragraph. |
| 20 | | (B) A wireless telephone service provider shall |
| 21 | | terminate the respondent's use of, and shall transfer |
| 22 | | to the petitioner use of, the telephone number or |
| 23 | | numbers indicated in subparagraph (A) of this |
| 24 | | paragraph unless it notifies the petitioner, within 72 |
| 25 | | hours after it receives the order, that one of the |
| 26 | | following applies: |
|
| | SB2934 | - 30 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (i) The account holder named in the order has |
| 2 | | terminated the account. |
| 3 | | (ii) A difference in network technology would |
| 4 | | prevent or impair the functionality of a device on |
| 5 | | a network if the transfer occurs. |
| 6 | | (iii) The transfer would cause a geographic or |
| 7 | | other limitation on network or service provision |
| 8 | | to the petitioner. |
| 9 | | (iv) Another technological or operational |
| 10 | | issue would prevent or impair the use of the |
| 11 | | telephone number if the transfer occurs. |
| 12 | | (C) The petitioner assumes all financial |
| 13 | | responsibility for and right to the use of any |
| 14 | | telephone number transferred under this paragraph. In |
| 15 | | this paragraph, "financial responsibility" includes |
| 16 | | monthly service costs and costs associated with any |
| 17 | | mobile device associated with the number. |
| 18 | | (D) A wireless telephone service provider may |
| 19 | | apply to the petitioner its routine and customary |
| 20 | | requirements for establishing an account or |
| 21 | | transferring a number, including requiring the |
| 22 | | petitioner to provide proof of identification, |
| 23 | | financial information, and customer preferences. |
| 24 | | (E) Except for willful or wanton misconduct, a |
| 25 | | wireless telephone service provider is immune from |
| 26 | | civil liability for its actions taken in compliance |
|
| | SB2934 | - 31 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | with a court order issued under this paragraph. |
| 2 | | (F) All wireless service providers that provide |
| 3 | | services to residential customers shall provide to the |
| 4 | | Illinois Commerce Commission the name and address of |
| 5 | | an agent for service of orders entered under this |
| 6 | | paragraph (18). Any change in status of the registered |
| 7 | | agent must be reported to the Illinois Commerce |
| 8 | | Commission within 30 days of such change. |
| 9 | | (G) The Illinois Commerce Commission shall |
| 10 | | maintain the list of registered agents for service for |
| 11 | | each wireless telephone service provider on the |
| 12 | | Commission's website. The Commission may consult with |
| 13 | | wireless telephone service providers and the Circuit |
| 14 | | Court Clerks on the manner in which this information |
| 15 | | is provided and displayed. |
| 16 | | (c) Relevant factors; findings. |
| 17 | | (1) In determining whether to grant a specific remedy, |
| 18 | | other than payment of support, the court shall consider |
| 19 | | relevant factors, including but not limited to the |
| 20 | | following: |
| 21 | | (i) the nature, frequency, severity, pattern and |
| 22 | | consequences of the respondent's past abuse, neglect |
| 23 | | or exploitation of the petitioner or any family or |
| 24 | | household member, including the concealment of his or |
| 25 | | her location in order to evade service of process or |
| 26 | | notice, and the likelihood of danger of future abuse, |
|
| | SB2934 | - 32 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | neglect, or exploitation to petitioner or any member |
| 2 | | of petitioner's or respondent's family or household; |
| 3 | | and |
| 4 | | (ii) the danger that any minor child will be |
| 5 | | abused or neglected or improperly relocated from the |
| 6 | | jurisdiction, improperly concealed within the State or |
| 7 | | improperly separated from the child's primary |
| 8 | | caretaker. |
| 9 | | (2) In comparing relative hardships resulting to the |
| 10 | | parties from loss of possession of the family home, the |
| 11 | | court shall consider relevant factors, including but not |
| 12 | | limited to the following: |
| 13 | | (i) availability, accessibility, cost, safety, |
| 14 | | adequacy, location and other characteristics of |
| 15 | | alternate housing for each party and any minor child |
| 16 | | or dependent adult in the party's care; |
| 17 | | (ii) the effect on the party's employment; and |
| 18 | | (iii) the effect on the relationship of the party, |
| 19 | | and any minor child or dependent adult in the party's |
| 20 | | care, to family, school, church and community. |
| 21 | | (3) Subject to the exceptions set forth in paragraph |
| 22 | | (4) of this subsection, the court shall make its findings |
| 23 | | in an official record or in writing, and shall at a minimum |
| 24 | | set forth the following: |
| 25 | | (i) That the court has considered the applicable |
| 26 | | relevant factors described in paragraphs (1) and (2) |
|
| | SB2934 | - 33 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | of this subsection. |
| 2 | | (ii) Whether the conduct or actions of respondent, |
| 3 | | unless prohibited, will likely cause irreparable harm |
| 4 | | or continued abuse. |
| 5 | | (iii) Whether it is necessary to grant the |
| 6 | | requested relief in order to protect petitioner or |
| 7 | | other alleged abused persons. |
| 8 | | (4) For purposes of issuing an ex parte emergency |
| 9 | | order of protection, the court, as an alternative to or as |
| 10 | | a supplement to making the findings described in |
| 11 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this |
| 12 | | subsection, may use the following procedure: |
| 13 | | When a verified petition for an emergency order of |
| 14 | | protection in accordance with the requirements of Sections |
| 15 | | 203 and 217 is presented to the court, the court shall |
| 16 | | examine petitioner on oath or affirmation. An emergency |
| 17 | | order of protection shall be issued by the court if it |
| 18 | | appears from the contents of the petition and the |
| 19 | | examination of petitioner that the averments are |
| 20 | | sufficient to indicate abuse by respondent and to support |
| 21 | | the granting of relief under the issuance of the emergency |
| 22 | | order of protection. |
| 23 | | (5) Never married parties. No rights or |
| 24 | | responsibilities for a minor child born outside of |
| 25 | | marriage attach to a putative father until a father and |
| 26 | | child relationship has been established under the Illinois |
|
| | SB2934 | - 34 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | Parentage Act of 1984, the Illinois Parentage Act of 2015, |
| 2 | | the Illinois Public Aid Code, Section 12 of the Vital |
| 3 | | Records Act, the Juvenile Court Act of 1987, the Probate |
| 4 | | Act of 1975, the Revised Uniform Reciprocal Enforcement of |
| 5 | | Support Act, the Uniform Interstate Family Support Act, |
| 6 | | the Expedited Child Support Act of 1990, any judicial, |
| 7 | | administrative, or other act of another state or |
| 8 | | territory, any other Illinois statute, or by any foreign |
| 9 | | nation establishing the father and child relationship, any |
| 10 | | other proceeding substantially in conformity with the |
| 11 | | Personal Responsibility and Work Opportunity |
| 12 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where |
| 13 | | both parties appeared in open court or at an |
| 14 | | administrative hearing acknowledging under oath or |
| 15 | | admitting by affirmation the existence of a father and |
| 16 | | child relationship. Absent such an adjudication, finding, |
| 17 | | or acknowledgment, no putative father shall be granted |
| 18 | | temporary allocation of parental responsibilities, |
| 19 | | including parenting time with the minor child, or physical |
| 20 | | care and possession of the minor child, nor shall an order |
| 21 | | of payment for support of the minor child be entered. |
| 22 | | (d) Balance of hardships; findings. If the court finds |
| 23 | | that the balance of hardships does not support the granting of |
| 24 | | a remedy governed by paragraph (2), (3), (10), (11), or (16) of |
| 25 | | subsection (b) of this Section, which may require such |
| 26 | | balancing, the court's findings shall so indicate and shall |
|
| | SB2934 | - 35 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | include a finding as to whether granting the remedy will |
| 2 | | result in hardship to respondent that would substantially |
| 3 | | outweigh the hardship to petitioner from denial of the remedy. |
| 4 | | The findings shall be an official record or in writing. |
| 5 | | (e) Denial of remedies. Denial of any remedy shall not be |
| 6 | | based, in whole or in part, on evidence that: |
| 7 | | (1) Respondent has cause for any use of force, unless |
| 8 | | that cause satisfies the standards for justifiable use of |
| 9 | | force provided by Article 7 of the Criminal Code of 2012; |
| 10 | | (2) Respondent was voluntarily intoxicated; |
| 11 | | (3) Petitioner acted in self-defense or defense of |
| 12 | | another, provided that, if petitioner utilized force, such |
| 13 | | force was justifiable under Article 7 of the Criminal Code |
| 14 | | of 2012; |
| 15 | | (4) Petitioner did not act in self-defense or defense |
| 16 | | of another; |
| 17 | | (5) Petitioner left the residence or household to |
| 18 | | avoid further abuse, neglect, or exploitation by |
| 19 | | respondent; |
| 20 | | (6) Petitioner did not leave the residence or |
| 21 | | household to avoid further abuse, neglect, or exploitation |
| 22 | | by respondent; |
| 23 | | (7) Conduct by any family or household member excused |
| 24 | | the abuse, neglect, or exploitation by respondent, unless |
| 25 | | that same conduct would have excused such abuse, neglect, |
| 26 | | or exploitation if the parties had not been family or |
|
| | SB2934 | - 36 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | household members. |
| 2 | | (f) Optional order to law enforcement for wellness checks. |
| 3 | | When a petitioner is granted the remedy available under |
| 4 | | paragraph (3) of subsection (b), the court may also, upon |
| 5 | | issuance of an emergency, interim, or plenary order of |
| 6 | | protection, order local law enforcement, to the extent |
| 7 | | possible, to periodically monitor the petitioner's residence, |
| 8 | | periodically patrol near the petitioner's residence, and |
| 9 | | investigate whether a violation of the order of protection has |
| 10 | | occurred, including interviewing the petitioner. The |
| 11 | | petitioner may opt out of these precautionary measures at any |
| 12 | | time. For the safety of the petitioner and others protected by |
| 13 | | the order of protection, the order for local law enforcement |
| 14 | | to conduct wellness checks on the petitioner's residence may |
| 15 | | not be made available to the respondent. |
| 16 | | (Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.) |
| 17 | | (750 ILCS 60/222) (from Ch. 40, par. 2312-22) |
| 18 | | Sec. 222. Notice of orders. |
| 19 | | (a) Entry and issuance. Upon issuance of any order of |
| 20 | | protection, the clerk shall immediately (i) enter the order on |
| 21 | | the record and file it in accordance with the circuit court |
| 22 | | procedures and (ii) provide a file stamped copy of the order to |
| 23 | | respondent, if present, and to petitioner. |
| 24 | | (b) Filing with sheriff or other law enforcement |
| 25 | | officials. The clerk of the issuing judge shall, or the |
|
| | SB2934 | - 37 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | petitioner may, on the same day that an order of protection is |
| 2 | | issued, file a certified copy of that order with the sheriff or |
| 3 | | other law enforcement officials charged with maintaining |
| 4 | | Illinois State Police records or charged with serving the |
| 5 | | order upon respondent or executing any search warrant issued |
| 6 | | under paragraph (14.5) of subsection (b) of Section 214 of |
| 7 | | this Act. If a search warrant is issued under paragraph (14.5) |
| 8 | | of subsection (b) of Section 214 of this Act, the clerk of the |
| 9 | | issuing judge shall, or the petitioner may, on the same day |
| 10 | | that the warrant is issued, transmit the warrant to the law |
| 11 | | enforcement agency to which the warrant is directed. If the |
| 12 | | respondent, at the time of the issuance of the order, is |
| 13 | | committed to the custody of the Illinois Department of |
| 14 | | Corrections or Illinois Department of Juvenile Justice or is |
| 15 | | on parole, aftercare release, or mandatory supervised release, |
| 16 | | the sheriff or other law enforcement officials charged with |
| 17 | | maintaining Illinois State Police records shall notify the |
| 18 | | Department of Corrections or Department of Juvenile Justice |
| 19 | | within 48 hours of receipt of a copy of the order of protection |
| 20 | | from the clerk of the issuing judge or the petitioner. Such |
| 21 | | notice shall include the name of the respondent, the |
| 22 | | respondent's IDOC inmate number or IDJJ youth identification |
| 23 | | number, the respondent's date of birth, and the LEADS Record |
| 24 | | Index Number. |
| 25 | | (c) Service by sheriff. Unless respondent was present in |
| 26 | | court when the order was issued, the sheriff, other law |
|
| | SB2934 | - 38 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | enforcement official or special process server shall promptly |
| 2 | | serve that order upon respondent and file proof of such |
| 3 | | service, in the manner provided for service of process in |
| 4 | | civil proceedings. Instead of serving the order upon the |
| 5 | | respondent, however, the sheriff, other law enforcement |
| 6 | | official, special process server, or other persons defined in |
| 7 | | Section 222.10 may serve the respondent with a short form |
| 8 | | notification as provided in Section 222.10. If process has not |
| 9 | | yet been served upon the respondent, it shall be served with |
| 10 | | the order or short form notification if such service is made by |
| 11 | | the sheriff, other law enforcement official, or special |
| 12 | | process server. A single fee may be charged for service of an |
| 13 | | order obtained in civil court, or for service of such an order |
| 14 | | together with process, unless waived or deferred under Section |
| 15 | | 210. After 2 unsuccessful personal service attempts by law |
| 16 | | enforcement, electronic service under Section 222.15 is |
| 17 | | permitted. |
| 18 | | (c-5) If the person against whom the order of protection |
| 19 | | is issued is arrested and the written order is issued in |
| 20 | | accordance with subsection (c) of Section 217 and received by |
| 21 | | the custodial law enforcement agency before the respondent or |
| 22 | | arrestee is released from custody, the custodial law |
| 23 | | enforcement agent shall promptly serve the order upon the |
| 24 | | respondent or arrestee before the respondent or arrestee is |
| 25 | | released from custody. In no event shall detention of the |
| 26 | | respondent or arrestee be extended for hearing on the petition |
|
| | SB2934 | - 39 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | for order of protection or receipt of the order issued under |
| 2 | | Section 217 of this Act. |
| 3 | | (d) Extensions, modifications and revocations. Any order |
| 4 | | extending, modifying or revoking any order of protection shall |
| 5 | | be promptly recorded, issued and served as provided in this |
| 6 | | Section. |
| 7 | | (e) Notice to schools. Upon the request of the petitioner, |
| 8 | | within 24 hours of the issuance of an order of protection, the |
| 9 | | clerk of the issuing judge shall send a certified copy of the |
| 10 | | order of protection to the day-care facility, pre-school or |
| 11 | | pre-kindergarten, or private school or the principal office of |
| 12 | | the public school district or any college or university in |
| 13 | | which any child who is a protected person under the order of |
| 14 | | protection or any child of the petitioner is enrolled as |
| 15 | | requested by the petitioner at the mailing address provided by |
| 16 | | the petitioner. If the child transfers enrollment to another |
| 17 | | day-care facility, pre-school, pre-kindergarten, private |
| 18 | | school, public school, college, or university, the petitioner |
| 19 | | may, within 24 hours of the transfer, send to the clerk written |
| 20 | | notice of the transfer, including the name and address of the |
| 21 | | institution to which the child is transferring. Within 24 |
| 22 | | hours of receipt of notice from the petitioner that a child is |
| 23 | | transferring to another day-care facility, pre-school, |
| 24 | | pre-kindergarten, private school, public school, college, or |
| 25 | | university, the clerk shall send a certified copy of the order |
| 26 | | to the institution to which the child is transferring. |
|
| | SB2934 | - 40 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (f) Disclosure by schools. After receiving a certified |
| 2 | | copy of an order of protection that prohibits a respondent's |
| 3 | | access to records, neither a day-care facility, pre-school, |
| 4 | | pre-kindergarten, public or private school, college, or |
| 5 | | university nor its employees shall allow a respondent access |
| 6 | | to a protected child's records or release information in those |
| 7 | | records to the respondent. The school shall file the copy of |
| 8 | | the order of protection in the records of a child who is a |
| 9 | | protected person under the order of protection. When a child |
| 10 | | who is a protected person under the order of protection |
| 11 | | transfers to another day-care facility, pre-school, |
| 12 | | pre-kindergarten, public or private school, college, or |
| 13 | | university, the institution from which the child is |
| 14 | | transferring may, at the request of the petitioner, provide, |
| 15 | | within 24 hours of the transfer, written notice of the order of |
| 16 | | protection, along with a certified copy of the order, to the |
| 17 | | institution to which the child is transferring. |
| 18 | | (g) Notice to health care facilities and health care |
| 19 | | practitioners. Upon the request of the petitioner, the clerk |
| 20 | | of the circuit court shall send a certified copy of the order |
| 21 | | of protection to any specified health care facility or health |
| 22 | | care practitioner requested by the petitioner at the mailing |
| 23 | | address provided by the petitioner. |
| 24 | | (h) Disclosure by health care facilities and health care |
| 25 | | practitioners. After receiving a certified copy of an order of |
| 26 | | protection that prohibits a respondent's access to records, no |
|
| | SB2934 | - 41 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | health care facility or health care practitioner shall allow a |
| 2 | | respondent access to the records of any child who is a |
| 3 | | protected person under the order of protection, or release |
| 4 | | information in those records to the respondent, unless the |
| 5 | | order has expired or the respondent shows a certified copy of |
| 6 | | the court order vacating the corresponding order of protection |
| 7 | | that was sent to the health care facility or practitioner. |
| 8 | | Nothing in this Section shall be construed to require health |
| 9 | | care facilities or health care practitioners to alter |
| 10 | | procedures related to billing and payment. The health care |
| 11 | | facility or health care practitioner may file the copy of the |
| 12 | | order of protection in the records of a child who is a |
| 13 | | protected person under the order of protection, or may employ |
| 14 | | any other method to identify the records to which a respondent |
| 15 | | is prohibited access. No health care facility or health care |
| 16 | | practitioner shall be civilly or professionally liable for |
| 17 | | reliance on a copy of an order of protection, except for |
| 18 | | willful and wanton misconduct. |
| 19 | | (i) Status of service of a plenary order of protection. |
| 20 | | The court shall set a hearing for 60 days after the entry of a |
| 21 | | plenary order of protection under Section 219 to review the |
| 22 | | status of service and service attempts on the respondent of |
| 23 | | the petition and order. Documented efforts by law enforcement |
| 24 | | to serve the respondent shall be provided to the court for the |
| 25 | | hearing. No penalty may be imposed on the petitioner upon |
| 26 | | failing to appear at a hearing to review the status of service. |
|
| | SB2934 | - 42 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | If the petitioner fails to appear at a hearing to review the |
| 2 | | status of service, the clerk shall send notice to the |
| 3 | | petitioner of the next hearing to review the status of |
| 4 | | service, which shall be set no later than 30 days after the |
| 5 | | most recent hearing to review the status of service. |
| 6 | | At the hearing to review the status of service, the court |
| 7 | | shall: |
| 8 | | (1) review the return of service or affidavits filed |
| 9 | | by law enforcement; |
| 10 | | (2) make any necessary findings concerning the service |
| 11 | | efforts by law enforcement through affidavit or other |
| 12 | | notification; and |
| 13 | | (3) if service was not successful, inquire if |
| 14 | | additional information can be provided to effectuate |
| 15 | | service, including electronic service, as provided in |
| 16 | | Section 222.15. |
| 17 | | If upon the hearing the court finds that all reasonable |
| 18 | | efforts to accomplish service of process upon respondent have |
| 19 | | been exhausted, the court may terminate the order of |
| 20 | | protection for failure to serve. |
| 21 | | The clerk of the court may strike the hearing to review the |
| 22 | | status of service from the court's call if the Sheriff |
| 23 | | provides the court proof of service through affidavit before |
| 24 | | the hearing date. |
| 25 | | (Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.) |
|
| | SB2934 | - 43 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (750 ILCS 60/222.15 new) |
| 2 | | Sec. 222.15. Electronic service; limited circumstances. |
| 3 | | (a) In furtherance of this Act's purpose to support |
| 4 | | victims' efforts to avoid further abuse by promptly entering |
| 5 | | and diligently enforcing orders of protection to protect the |
| 6 | | safety and security of victims, electronic service, as |
| 7 | | provided in this Section, may be attempted to effectuate |
| 8 | | service. Access to electronic service simplifies and |
| 9 | | modernizes courts, reduces costs, guarantees actual notice to |
| 10 | | the respondent, and minimizes delays and the need for more |
| 11 | | hearings, all of which can hinder access to justice and |
| 12 | | undermine judicial economy. |
| 13 | | (b) As provided in this Section, electronic service may be |
| 14 | | attempted for emergency, interim, or plenary orders of |
| 15 | | protection for the remedy provided in paragraph (3) of |
| 16 | | subsection (b) of Section 214. After 2 unsuccessful service |
| 17 | | attempts at personal service, electronic service is permitted |
| 18 | | in accordance with this Section. The court may also order |
| 19 | | electronic service under this Section upon review of service |
| 20 | | attempts at the status of service hearing as provided in |
| 21 | | subsection (i) of Section 222. |
| 22 | | (c) Electronic service must be made by a law enforcement |
| 23 | | agency, and a court order permitting electronic service is not |
| 24 | | required for law enforcement to attempt electronic service |
| 25 | | under subsection (b). No formal motion is necessary. |
| 26 | | (d) The petitioner shall complete an information sheet, |
|
| | SB2934 | - 44 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | reviewed by the court, for law enforcement that includes, if |
| 2 | | known or available, the following: (1) contact information for |
| 3 | | the petitioner and the petitioner's attorney including a |
| 4 | | telephone number and email; (2) a physical description of the |
| 5 | | respondent including, respondent's date of birth, or |
| 6 | | approximate age, height, weight, race, and hair color; (3) the |
| 7 | | respondent's address, last known address, alternate address, |
| 8 | | address of employment and any other address where law |
| 9 | | enforcement may serve the order of protection on the |
| 10 | | respondent; (4) days and times that the respondent is likely |
| 11 | | to be at the address of service; and (5) the respondent's email |
| 12 | | address, number for text messaging, and username or other |
| 13 | | identification on social media applications and other |
| 14 | | technologies. The petitioner must attest that the information |
| 15 | | is legitimate and current or the last known contact |
| 16 | | information for the respondent. The information sheet may not |
| 17 | | be included with the court record. The information sheet shall |
| 18 | | be transmitted to law enforcement in the same manner as the |
| 19 | | order of protection. |
| 20 | | (e) Electronic service must be effected by transmitting |
| 21 | | copies of the petition and any supporting materials filed with |
| 22 | | the petition, notice of hearing, and any orders, or relevant |
| 23 | | materials for motions, to the respondent at the respondent's |
| 24 | | electronic address or the respondent's electronic account |
| 25 | | associated with email, text messaging, social media |
| 26 | | applications, or other technologies, as listed in (d)(5) of |
|
| | SB2934 | - 45 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | this Section. |
| 2 | | (f) The electronic service notification must include the |
| 3 | | following items: |
| 4 | | (1) the respondent's name; |
| 5 | | (2) the respondent's date of birth, if known; |
| 6 | | (3) the petitioner's name; |
| 7 | | (4) the name of other protected parties; |
| 8 | | (5) the date and county in which the order of |
| 9 | | protection was filed; and |
| 10 | | (6) the court file number. |
| 11 | | (g) The electronic service notification must contain a |
| 12 | | notice to the respondent from the court, as determined by the |
| 13 | | court, in a conspicuous manner, of the consequences of being |
| 14 | | served the order and how to receive a copy of the order through |
| 15 | | the court. |
| 16 | | (h) Verification of notice is required and may be |
| 17 | | accomplished through read-receipt mechanisms, a response, a |
| 18 | | sworn statement from the person who effected service verifying |
| 19 | | transmission and any follow-up communications such as email or |
| 20 | | telephone contact used to further verify, or an appearance by |
| 21 | | the respondent at a hearing. Sworn proof of service must be |
| 22 | | filed with the court by the person who effected service. |
| 23 | | (i) The electronic service notification must contain the |
| 24 | | following notice in uppercase: "THE ORDER IS NOW ENFORCEABLE. |
| 25 | | YOU MUST REPORT TO THE OFFICE OF THE SHERIFF OR THE OFFICE OF |
| 26 | | THE CIRCUIT COURT IN (NAME OF COUNTY) COUNTY TO OBTAIN A COPY |
|
| | SB2934 | - 46 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | OF THE ORDER. YOU ARE SUBJECT TO ARREST AND MAY BE CHARGED WITH |
| 2 | | A MISDEMEANOR OR FELONY IF YOU VIOLATE ANY OF THE TERMS OF THE |
| 3 | | ORDER." |
| 4 | | (j) The Office of the Attorney General shall develop and |
| 5 | | provide guidance and procedures for law enforcement to attempt |
| 6 | | and effectuate electronic service under this Section. |
| 7 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23) |
| 8 | | Sec. 223. Enforcement of orders of protection. |
| 9 | | (a) When violation is crime. A violation of any order of |
| 10 | | protection, whether issued in a civil or criminal proceeding |
| 11 | | or by a military judge, shall be enforced by a criminal court |
| 12 | | when: |
| 13 | | (1) The respondent commits the crime of violation of |
| 14 | | an order of protection pursuant to Section 12-3.4 or 12-30 |
| 15 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
| 16 | | by having knowingly violated: |
| 17 | | (i) remedies described in paragraphs (1), (2), |
| 18 | | (3), (14), or (14.5) of subsection (b) of Section 214 |
| 19 | | of this Act; or |
| 20 | | (ii) a remedy, which is substantially similar to |
| 21 | | the remedies authorized under paragraphs (1), (2), |
| 22 | | (3), (14), and (14.5) of subsection (b) of Section 214 |
| 23 | | of this Act, in a valid order of protection which is |
| 24 | | authorized under the laws of another state, tribe, or |
| 25 | | United States territory; or |
|
| | SB2934 | - 47 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | (iii) any other remedy when the act constitutes a |
| 2 | | crime against the protected parties as defined by the |
| 3 | | Criminal Code of 1961 or the Criminal Code of 2012. |
| 4 | | Prosecution for a violation of an order of protection |
| 5 | | shall not bar concurrent prosecution for any other crime, |
| 6 | | including any crime that may have been committed at the |
| 7 | | time of the violation of the order of protection; or |
| 8 | | (2) The respondent commits the crime of child |
| 9 | | abduction pursuant to Section 10-5 of the Criminal Code of |
| 10 | | 1961 or the Criminal Code of 2012, by having knowingly |
| 11 | | violated: |
| 12 | | (i) remedies described in paragraphs (5), (6) or |
| 13 | | (8) of subsection (b) of Section 214 of this Act; or |
| 14 | | (ii) a remedy, which is substantially similar to |
| 15 | | the remedies authorized under paragraphs (5), (6), or |
| 16 | | (8) of subsection (b) of Section 214 of this Act, in a |
| 17 | | valid order of protection which is authorized under |
| 18 | | the laws of another state, tribe, or United States |
| 19 | | territory. |
| 20 | | (b) When violation is contempt of court. A violation of |
| 21 | | any valid Illinois order of protection, whether issued in a |
| 22 | | civil or criminal proceeding or by a military judge, may be |
| 23 | | enforced through civil or criminal contempt procedures, as |
| 24 | | appropriate, by any court with jurisdiction, regardless where |
| 25 | | the act or acts which violated the order of protection were |
| 26 | | committed, to the extent consistent with the venue provisions |
|
| | SB2934 | - 48 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | of this Act. Nothing in this Act shall preclude any Illinois |
| 2 | | court from enforcing any valid order of protection issued in |
| 3 | | another state. Illinois courts may enforce orders of |
| 4 | | protection through both criminal prosecution and contempt |
| 5 | | proceedings, unless the action which is second in time is |
| 6 | | barred by collateral estoppel or the constitutional |
| 7 | | prohibition against double jeopardy. |
| 8 | | (1) In a contempt proceeding where the petition for a |
| 9 | | rule to show cause sets forth facts evidencing an |
| 10 | | immediate danger that the respondent will flee the |
| 11 | | jurisdiction, conceal a child, or inflict physical abuse |
| 12 | | on the petitioner or minor children or on dependent adults |
| 13 | | in petitioner's care, the court may order the attachment |
| 14 | | of the respondent without prior service of the rule to |
| 15 | | show cause or the petition for a rule to show cause. |
| 16 | | Conditions of release shall be set unless specifically |
| 17 | | denied in writing. |
| 18 | | (2) A petition for a rule to show cause for violation |
| 19 | | of an order of protection shall be treated as an expedited |
| 20 | | proceeding. |
| 21 | | (b-1) The court shall not hold a school district or |
| 22 | | private or non-public school or any of its employees in civil |
| 23 | | or criminal contempt unless the school district or private or |
| 24 | | non-public school has been allowed to intervene. |
| 25 | | (b-2) The court may hold the parents, guardian, or legal |
| 26 | | custodian of a minor respondent in civil or criminal contempt |
|
| | SB2934 | - 49 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | for a violation of any provision of any order entered under |
| 2 | | this Act for conduct of the minor respondent in violation of |
| 3 | | this Act if the parents, guardian, or legal custodian |
| 4 | | directed, encouraged, or assisted the respondent minor in such |
| 5 | | conduct. |
| 6 | | (c) Violation of custody or support orders or temporary or |
| 7 | | final judgments allocating parental responsibilities. A |
| 8 | | violation of remedies described in paragraphs (5), (6), (8), |
| 9 | | or (9) of subsection (b) of Section 214 of this Act may be |
| 10 | | enforced by any remedy provided by Section 607.5 of the |
| 11 | | Illinois Marriage and Dissolution of Marriage Act. The court |
| 12 | | may enforce any order for support issued under paragraph (12) |
| 13 | | of subsection (b) of Section 214 in the manner provided for |
| 14 | | under Parts V and VII of the Illinois Marriage and Dissolution |
| 15 | | of Marriage Act. |
| 16 | | (d) Actual knowledge. An order of protection may be |
| 17 | | enforced pursuant to this Section if the respondent violates |
| 18 | | the order after the respondent has actual knowledge of its |
| 19 | | contents as shown through one of the following means: |
| 20 | | (1) By service, delivery, or notice under Section 210. |
| 21 | | (2) By notice under Section 210.1 or 211. |
| 22 | | (3) By service of an order of protection under Section |
| 23 | | 222 or 222.15. |
| 24 | | (4) By other means demonstrating actual knowledge of |
| 25 | | the contents of the order. |
| 26 | | (e) The enforcement of an order of protection in civil or |
|
| | SB2934 | - 50 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | criminal court shall not be affected by either of the |
| 2 | | following: |
| 3 | | (1) The existence of a separate, correlative order, |
| 4 | | entered under Section 215. |
| 5 | | (2) Any finding or order entered in a conjoined |
| 6 | | criminal proceeding. |
| 7 | | (f) Circumstances. The court, when determining whether or |
| 8 | | not a violation of an order of protection has occurred, shall |
| 9 | | not require physical manifestations of abuse on the person of |
| 10 | | the victim. |
| 11 | | (g) Penalties. |
| 12 | | (1) Except as provided in paragraph (3) of this |
| 13 | | subsection, where the court finds the commission of a |
| 14 | | crime or contempt of court under subsections (a) or (b) of |
| 15 | | this Section, the penalty shall be the penalty that |
| 16 | | generally applies in such criminal or contempt |
| 17 | | proceedings, and may include one or more of the following: |
| 18 | | incarceration, payment of restitution, a fine, payment of |
| 19 | | attorneys' fees and costs, or community service. |
| 20 | | (2) The court shall hear and take into account |
| 21 | | evidence of any factors in aggravation or mitigation |
| 22 | | before deciding an appropriate penalty under paragraph (1) |
| 23 | | of this subsection. |
| 24 | | (3) To the extent permitted by law, the court is |
| 25 | | encouraged to: |
| 26 | | (i) increase the penalty for the knowing violation |
|
| | SB2934 | - 51 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | of any order of protection over any penalty previously |
| 2 | | imposed by any court for respondent's violation of any |
| 3 | | order of protection or penal statute involving |
| 4 | | petitioner as victim and respondent as defendant; |
| 5 | | (ii) impose a minimum penalty of 24 hours |
| 6 | | imprisonment for respondent's first violation of any |
| 7 | | order of protection; and |
| 8 | | (iii) impose a minimum penalty of 48 hours |
| 9 | | imprisonment for respondent's second or subsequent |
| 10 | | violation of an order of protection |
| 11 | | unless the court explicitly finds that an increased |
| 12 | | penalty or that period of imprisonment would be manifestly |
| 13 | | unjust. |
| 14 | | (4) In addition to any other penalties imposed for a |
| 15 | | violation of an order of protection, a criminal court may |
| 16 | | consider evidence of any violations of an order of |
| 17 | | protection: |
| 18 | | (i) to increase, revoke or modify the conditions |
| 19 | | of pretrial release on an underlying criminal charge |
| 20 | | pursuant to Section 110-6 of the Code of Criminal |
| 21 | | Procedure of 1963; |
| 22 | | (ii) to revoke or modify an order of probation, |
| 23 | | conditional discharge or supervision, pursuant to |
| 24 | | Section 5-6-4 of the Unified Code of Corrections; |
| 25 | | (iii) to revoke or modify a sentence of periodic |
| 26 | | imprisonment, pursuant to Section 5-7-2 of the Unified |
|
| | SB2934 | - 52 - | LRB104 17679 JRC 31110 b |
|
|
| 1 | | Code of Corrections. |
| 2 | | (5) In addition to any other penalties, the court |
| 3 | | shall impose an additional fine of $20 as authorized by |
| 4 | | Section 5-9-1.11 of the Unified Code of Corrections upon |
| 5 | | any person convicted of or placed on supervision for a |
| 6 | | violation of an order of protection. The additional fine |
| 7 | | shall be imposed for each violation of this Section. |
| 8 | | (Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.) |
| 9 | | (750 ILCS 60/305) (from Ch. 40, par. 2313-5) |
| 10 | | Sec. 305. Limited law enforcement liability. Any act of |
| 11 | | omission or commission by any law enforcement officer acting |
| 12 | | in good faith in rendering emergency assistance, executing |
| 13 | | search warrants, conducting a wellness check under this Act, |
| 14 | | or otherwise enforcing this Act shall not impose civil |
| 15 | | liability upon the law enforcement officer or his or her |
| 16 | | supervisor or employer, unless the act is a result of willful |
| 17 | | or wanton misconduct. |
| 18 | | (Source: P.A. 103-1065, eff. 5-11-25.) |