95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2612


 
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Daniel J. Burke
 
SYNOPSIS AS INTRODUCED:
 		













740 ILCS 22/103










    Amends the Civil No Contact Order Act. Makes a technical change to a Section
concerning definitions.
















LRB095 01189 AJO 21191 b

















 


 


A BILL FOR









 











HB2612

LRB095 01189 AJO 21191 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Civil No Contact Order Act is amended by 
5
changing Section 103 as follows:
 



6
    (740 ILCS 22/103)



7
    Sec. 103. Definitions. As used in this Act:

8
    "Civil no contact order" means an emergency order or 
9
plenary order
granted under this Act, which includes a remedy 
10
authorized by Section 213
of this Act.

11
    "Non-consensual" means a lack of freely given agreement.

12
    "Petitioner" means any named petitioner for the
the
no 
13
contact order or any named victim of non-consensual sexual 
14
conduct or
non-consensual sexual penetration on whose behalf 
15
the
petition is brought.
16
    "Sexual conduct" means any intentional or knowing touching 
17
or
fondling by the petitioner or the respondent, either 
18
directly or through
clothing, of the sex organs, anus, or 
19
breast of the petitioner or the
respondent, or any part of the 
20
body of a child under 13 years of age, or
any transfer or 
21
transmission of semen by the respondent upon any part of
the 
22
clothed or unclothed body of the petitioner, for the purpose of 
23
sexual
gratification or arousal of the petitioner or the 
 


 






HB2612
- 2 -
LRB095 01189 AJO 21191 b




1
respondent.

2
    "Sexual penetration" means any contact, however slight, 
3
between
the sex organ or anus of one person by an object, the 
4
sex organ, mouth
or anus of another person, or any intrusion, 
5
however slight, of any part
of the body of one person or of any 
6
animal or object into the sex organ
or anus of another person, 
7
including but not limited to cunnilingus,
fellatio or anal 
8
penetration. Evidence of emission of semen is not
required to 
9
prove sexual penetration.

10
    "Stay away" means to refrain from both physical presence 
11
and nonphysical contact with the petitioner directly, 
12
indirectly, or through third parties who may or may not know of 
13
the order. "Nonphysical contact" includes, but is not limited 
14
to, telephone calls, mail, e-mail, fax, and written notes.
15
(Source: P.A. 93-236, eff. 1-1-04; 93-811, eff. 1-1-05.)