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1 | AN ACT concerning human trafficking.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||||||
5 | amended by changing Sections 112A-4 and 112A-4.5 as follows:
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6 | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
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7 | Sec. 112A-4. Persons protected by this Article.
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8 | (a) The following persons are protected by
this Article in | |||||||||||||||||||||||
9 | cases involving domestic violence:
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10 | (1) any person abused by a family or household member;
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11 | (2) any minor child or dependent adult in the care of
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12 | such person;
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13 | (3) any person residing or employed at a private home | |||||||||||||||||||||||
14 | or public
shelter which is housing an abused family or | |||||||||||||||||||||||
15 | household member; and | |||||||||||||||||||||||
16 | (4) any of the following persons if the person is | |||||||||||||||||||||||
17 | abused by a family or household member of a child: | |||||||||||||||||||||||
18 | (i) a foster parent of that child if the child has | |||||||||||||||||||||||
19 | been placed in the foster parent's home by the | |||||||||||||||||||||||
20 | Department of Children and Family Services or by | |||||||||||||||||||||||
21 | another state's public child welfare agency; | |||||||||||||||||||||||
22 | (ii) a legally appointed guardian or legally | |||||||||||||||||||||||
23 | appointed custodian of that child; |
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1 | (iii) an adoptive parent of that child; or | ||||||
2 | (iv) a prospective adoptive parent of that child if | ||||||
3 | the child has been placed in the prospective adoptive | ||||||
4 | parent's home pursuant to the Adoption Act or pursuant | ||||||
5 | to another state's law ; and . | ||||||
6 | (5) any person who is a victim of human trafficking, | ||||||
7 | regardless of the relationship between the victim and the | ||||||
8 | trafficker. | ||||||
9 | For purposes of this paragraph (a)(4), individuals who | ||||||
10 | would have been considered "family or household members" of the | ||||||
11 | child under paragraph (3) of subsection (b) of Section 112A-3 | ||||||
12 | before a termination of the parental rights with respect to the | ||||||
13 | child continue to meet the definition of "family or household | ||||||
14 | members" of the child.
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15 | (a-5) The following persons are protected by this Article | ||||||
16 | in cases involving sexual offenses: | ||||||
17 | (1) any victim of non-consensual sexual conduct or
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18 | non-consensual sexual penetration on whose behalf the | ||||||
19 | petition is brought; | ||||||
20 | (2) any family or household member of the named
victim; | ||||||
21 | and | ||||||
22 | (3) any employee of or volunteer at a rape crisis | ||||||
23 | center. | ||||||
24 | (a-10) The following persons are protected by this Article | ||||||
25 | in cases involving stalking offenses: | ||||||
26 | (1) any victim of stalking; and |
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1 | (2) any family or household member of the named victim. | ||||||
2 | (b) (Blank).
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3 | (Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19 .)
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4 | (725 ILCS 5/112A-4.5) | ||||||
5 | Sec. 112A-4.5. Who may file petition. | ||||||
6 | (a) A petition for a domestic violence order of protection | ||||||
7 | may be filed: | ||||||
8 | (1) by a named victim
who
has been abused by a family | ||||||
9 | or household member; | ||||||
10 | (2) by any person or by the State's Attorney on behalf
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11 | of a named victim who is a minor child or an adult who has | ||||||
12 | been
abused by a family or household
member and who, | ||||||
13 | because of age, health, disability, or inaccessibility,
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14 | cannot file the petition; | ||||||
15 | (3) by a State's Attorney on behalf of any minor child | ||||||
16 | or dependent adult in the care of the named victim, if the | ||||||
17 | named victim does not file a petition or request the | ||||||
18 | State's Attorney file the petition; or | ||||||
19 | (4) any of the following persons if the person is | ||||||
20 | abused by a family or household member of a child: | ||||||
21 | (i) a foster parent of that child if the child has | ||||||
22 | been placed in the foster parent's home by the | ||||||
23 | Department of Children and Family Services or by | ||||||
24 | another state's public child welfare agency; | ||||||
25 | (ii) a legally appointed guardian or legally |
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1 | appointed custodian of that child; | ||||||
2 | (iii) an adoptive parent of that child; | ||||||
3 | (iv) a prospective adoptive parent of that child if | ||||||
4 | the child has been placed in the prospective adoptive | ||||||
5 | parent's home pursuant to the Adoption Act or pursuant | ||||||
6 | to another state's law ; or . | ||||||
7 | (5) by a person who has been the victim of human | ||||||
8 | trafficking, or by any person on behalf of a minor child or | ||||||
9 | an adult who has been the victim of human trafficking and | ||||||
10 | who, because of age, health, disability, or | ||||||
11 | inaccessibility, cannot file the petition. | ||||||
12 | For purposes of this paragraph (a)(4), individuals who | ||||||
13 | would have been considered "family or household members" of the | ||||||
14 | child under paragraph (3) of subsection (b) of Section 112A-3 | ||||||
15 | before a termination of the parental rights with respect to the | ||||||
16 | child continue to meet the definition of "family or household | ||||||
17 | members" of the child. | ||||||
18 | (b) A petition for a civil no contact order may be filed: | ||||||
19 | (1) by any person who is a named victim of | ||||||
20 | non-consensual
sexual conduct or non-consensual sexual | ||||||
21 | penetration, including a single incident of non-consensual | ||||||
22 | sexual conduct or non-consensual sexual penetration; | ||||||
23 | (2) by a person or by the State's Attorney on behalf of | ||||||
24 | a named victim who is a minor child or an
adult who is a | ||||||
25 | victim of non-consensual sexual conduct or non-consensual | ||||||
26 | sexual penetration but, because of age, disability, |
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1 | health, or inaccessibility, cannot file the petition; or | ||||||
2 | (3) by a State's Attorney on behalf of any minor child | ||||||
3 | who is a family or household member of the named victim, if | ||||||
4 | the named victim does not file a petition or request the | ||||||
5 | State's Attorney file the petition. | ||||||
6 | (c) A petition for a stalking no contact order may be | ||||||
7 | filed: | ||||||
8 | (1) by any person who is a named victim of stalking; | ||||||
9 | (2) by a person or by the State's Attorney on behalf of | ||||||
10 | a named victim who is a minor child or an
adult who is a | ||||||
11 | victim of stalking but, because of age, disability, health, | ||||||
12 | or inaccessibility, cannot file the petition; or | ||||||
13 | (3) by a State's Attorney on behalf of any minor child | ||||||
14 | who is a family or household member of the named victim, if | ||||||
15 | the named victim does not file a petition or request the | ||||||
16 | State's Attorney file the petition. | ||||||
17 | (d) The State's Attorney shall file a petition on behalf of | ||||||
18 | any person who may file a petition under subsections (a), (b), | ||||||
19 | or (c) of this Section if the person requests the State's | ||||||
20 | Attorney to file a petition on the person's behalf, unless the | ||||||
21 | State's Attorney has a good faith basis to delay filing the | ||||||
22 | petition. The State's Attorney shall inform the person that the | ||||||
23 | State's Attorney will not be filing the petition at that time | ||||||
24 | and that the person may file a petition or may retain an | ||||||
25 | attorney to file the petition. The State's Attorney may file | ||||||
26 | the petition at a later date. |
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1 | (d-5) (1) A person eligible to file a petition under | ||||||
2 | subsection (a), (b), or (c) of this Section may retain an | ||||||
3 | attorney to represent the petitioner on the petitioner's | ||||||
4 | request for a protective order. The attorney's representation | ||||||
5 | is limited to matters related to the petition and relief | ||||||
6 | authorized under this Article. | ||||||
7 | (2) Advocates shall be allowed to accompany the petitioner | ||||||
8 | and confer with the victim, unless otherwise directed by the | ||||||
9 | court. Advocates are not engaged in the unauthorized practice | ||||||
10 | of law when providing assistance to the petitioner. | ||||||
11 | (e) Any petition properly
filed under this Article may seek
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12 | protection for any additional persons protected by this | ||||||
13 | Article.
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14 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; | ||||||
15 | 100-639, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
16 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
17 | amended by changing Section 201 as follows:
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18 | (750 ILCS 60/201) (from Ch. 40, par. 2312-1)
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19 | Sec. 201. Persons protected by this Act.
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20 | (a) The following persons are protected by this Act:
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21 | (i) any person abused by a family or household member;
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22 | (ii) any high-risk adult with disabilities who is | ||||||
23 | abused, neglected,
or exploited by a family or household | ||||||
24 | member;
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1 | (iii) any minor child or dependent adult in the care of | ||||||
2 | such person;
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3 | (iv) any person residing or employed at a private home | ||||||
4 | or public
shelter which is housing an abused family or | ||||||
5 | household member; and
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6 | (v) any of the following persons if the person is | ||||||
7 | abused by a family or household member of a child: | ||||||
8 | (A) a foster parent of that child if the child has | ||||||
9 | been placed in the foster parent's home by the | ||||||
10 | Department of Children and Family Services or by | ||||||
11 | another state's public child welfare agency; | ||||||
12 | (B) a legally appointed guardian or legally | ||||||
13 | appointed custodian of that child; | ||||||
14 | (C) an adoptive parent of that child; or | ||||||
15 | (D) a prospective adoptive parent of that child if | ||||||
16 | the child has been placed in the prospective adoptive | ||||||
17 | parent's home pursuant to the Adoption Act or pursuant | ||||||
18 | to another state's law ; and . | ||||||
19 | (vi) any person who is a victim of human trafficking, | ||||||
20 | regardless of the relationship between the victim and the | ||||||
21 | trafficker. | ||||||
22 | For purposes of this paragraph (a)(v), individuals who | ||||||
23 | would have been considered "family or household members" of the | ||||||
24 | child under subsection (6) of Section 103 of this Act before a | ||||||
25 | termination of the parental rights with respect to the child | ||||||
26 | continue to meet the definition of "family or household |
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1 | members" of the child. | ||||||
2 | (b) A petition for an order of protection may be filed
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3 | only: | ||||||
4 | (i) by a person who
has been abused by a family or | ||||||
5 | household member or by any person on behalf
of a minor child or | ||||||
6 | an adult who has been
abused by a
family or household
member | ||||||
7 | and who, because of age, health, disability, or | ||||||
8 | inaccessibility,
cannot
file the petition; | ||||||
9 | (ii) by any person on behalf of a high-risk adult with
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10 | disabilities who has been abused, neglected, or exploited | ||||||
11 | by a family or
household member; or | ||||||
12 | (iii) any of the following persons if the person is | ||||||
13 | abused by a family or household member of a child: | ||||||
14 | (A) a foster parent of that child if the child has | ||||||
15 | been placed in the foster parent's home by the | ||||||
16 | Department of Children and Family Services or by | ||||||
17 | another state's public child welfare agency; | ||||||
18 | (B) a legally appointed guardian or legally | ||||||
19 | appointed custodian of that child; | ||||||
20 | (C) an adoptive parent of that child; | ||||||
21 | (D) a prospective adoptive parent of that child if | ||||||
22 | the child has been placed in the prospective adoptive | ||||||
23 | parent's home pursuant to the Adoption Act or pursuant | ||||||
24 | to another state's law ; or . | ||||||
25 | (iv) by a person who has been the victim of human | ||||||
26 | trafficking, or by any person on behalf of a minor child or |
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1 | an adult who has been the victim of human trafficking and | ||||||
2 | who, because of age, health, disability, or | ||||||
3 | inaccessibility, cannot file the petition. | ||||||
4 | For purposes of this paragraph (b)(iii), individuals who | ||||||
5 | would have been considered "family or household members" of the | ||||||
6 | child under subsection (6) of Section 103 of this Act before a | ||||||
7 | termination of the parental rights with respect to the child | ||||||
8 | continue to meet the definition of "family or household | ||||||
9 | members" of the child. | ||||||
10 | (c) Any petition properly filed under this Act may seek
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11 | protection for any additional persons protected by this Act.
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12 | (Source: P.A. 100-639, eff. 1-1-19 .)
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