Rep. Denyse Wang Stoneback

Filed: 2/9/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2541

2    AMENDMENT NO. ______. Amend House Bill 2541 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
 
6    (430 ILCS 65/9.5)
7    Sec. 9.5. Revocation of Firearm Owner's Identification
8Card.
9    (a) A person who receives a revocation notice under
10Section 9 of this Act shall, within 48 hours of receiving
11notice of the revocation:
12        (1) surrender his or her Firearm Owner's
13    Identification Card to the local law enforcement agency
14    where the person resides or to the Illinois State Police;
15    and
16        (2) complete a Firearm Disposition Record on a form

 

 

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1    prescribed by the Illinois State Police and place his or
2    her firearms in the location or with the person reported
3    in the Firearm Disposition Record. The form shall require
4    the person to disclose:
5            (A) the make, model, and serial number of each
6        firearm owned by or under the custody and control of
7        the revoked person;
8            (B) the location where each firearm will be
9        maintained during the prohibited term;
10            (C) if any firearm will be transferred to the
11        custody of another person, the name, address and
12        Firearm Owner's Identification Card number of the
13        transferee; and
14            (D) to whom his or her Firearm Owner's
15        Identification Card was surrendered.
16        Once completed, the person shall retain a copy and
17    provide a copy of the Firearm Disposition Record to the
18    Illinois State Police.
19    Nothing in this Section supersedes a court's authority to
20order a person who receives a revocation notice to surrender
21the person's firearms to a law enforcement agency of the
22court's choosing.
23    (b) Upon confirming through the portal created under
24Section 2605-304 of the Illinois Department of State Police
25Law of the Civil Administrative Code of Illinois that the
26Firearm Owner's Identification Card has been revoked by the

 

 

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1Illinois State Police, surrendered cards shall be destroyed by
2the law enforcement agency receiving the cards. If a card has
3not been revoked, the card shall be returned to the
4cardholder. Illinois
5    (b-5) If a court orders the surrender of a Firearms
6Owner's Identification Card and accepts receipt of the Card,
7the court shall destroy the Card and direct the person whose
8Firearm Owner's Identification Card has been surrendered to
9comply with paragraph (2) of subsection (a).
10    (b-10) If the person whose Firearm Owner's Identification
11Card has been revoked has either lost or destroyed the Card,
12the person must still comply with paragraph (2) of subsection
13(a).
14    (b-15) A notation shall be made in the portal created
15under Section 2605-304 of the Illinois Department of State
16Police Law of the Civil Administrative Code of Illinois that
17the revoked Firearm Owner's Identification Card has been
18destroyed.
19    (c) If the person whose Firearm Owner's Identification
20Card has been revoked fails to comply with the requirements of
21this Section, the sheriff or law enforcement agency where the
22person resides may petition the circuit court to issue a
23warrant to search for and seize the Firearm Owner's
24Identification Card and firearms in the possession or under
25the custody or control of the person whose Firearm Owner's
26Identification Card has been revoked.

 

 

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1    (d) A violation of subsection (a) of this Section is a
2Class A misdemeanor.
3    (e) The observation of a Firearm Owner's Identification
4Card in the possession of a person whose Firearm Owner's
5Identification Card has been revoked constitutes a sufficient
6basis for the arrest of that person for violation of this
7Section.
8    (f) Within 30 days after July 9, 2013 (the effective date
9of Public Act 98-63) this amendatory Act of the 98th General
10Assembly, the Illinois State Police shall provide written
11notice of the requirements of this Section to persons whose
12Firearm Owner's Identification Cards have been revoked,
13suspended, or expired and who have failed to surrender their
14cards to the Illinois State Police Department.
15    (g) A person whose Firearm Owner's Identification Card has
16been revoked and who received notice under subsection (f)
17shall comply with the requirements of this Section within 48
18hours of receiving notice.
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20revised 10-15-21.)
 
21    Section 10. The Code of Criminal Procedure of 1963 is
22amended by changing Section 112A-14 as follows:
 
23    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
24    Sec. 112A-14. Domestic violence order of protection;

 

 

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1remedies.
2    (a) (Blank).
3    (b) The court may order any of the remedies listed in this
4subsection (b). The remedies listed in this subsection (b)
5shall be in addition to other civil or criminal remedies
6available to petitioner.
7        (1) Prohibition of abuse. Prohibit respondent's
8    harassment, interference with personal liberty,
9    intimidation of a dependent, physical abuse, or willful
10    deprivation, as defined in this Article, if such abuse has
11    occurred or otherwise appears likely to occur if not
12    prohibited.
13        (2) Grant of exclusive possession of residence.
14    Prohibit respondent from entering or remaining in any
15    residence, household, or premises of the petitioner,
16    including one owned or leased by respondent, if petitioner
17    has a right to occupancy thereof. The grant of exclusive
18    possession of the residence, household, or premises shall
19    not affect title to real property, nor shall the court be
20    limited by the standard set forth in subsection (c-2) of
21    Section 501 of the Illinois Marriage and Dissolution of
22    Marriage Act.
23            (A) Right to occupancy. A party has a right to
24        occupancy of a residence or household if it is solely
25        or jointly owned or leased by that party, that party's
26        spouse, a person with a legal duty to support that

 

 

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1        party or a minor child in that party's care, or by any
2        person or entity other than the opposing party that
3        authorizes that party's occupancy (e.g., a domestic
4        violence shelter). Standards set forth in subparagraph
5        (B) shall not preclude equitable relief.
6            (B) Presumption of hardships. If petitioner and
7        respondent each has the right to occupancy of a
8        residence or household, the court shall balance (i)
9        the hardships to respondent and any minor child or
10        dependent adult in respondent's care resulting from
11        entry of this remedy with (ii) the hardships to
12        petitioner and any minor child or dependent adult in
13        petitioner's care resulting from continued exposure to
14        the risk of abuse (should petitioner remain at the
15        residence or household) or from loss of possession of
16        the residence or household (should petitioner leave to
17        avoid the risk of abuse). When determining the balance
18        of hardships, the court shall also take into account
19        the accessibility of the residence or household.
20        Hardships need not be balanced if respondent does not
21        have a right to occupancy.
22            The balance of hardships is presumed to favor
23        possession by petitioner unless the presumption is
24        rebutted by a preponderance of the evidence, showing
25        that the hardships to respondent substantially
26        outweigh the hardships to petitioner and any minor

 

 

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1        child or dependent adult in petitioner's care. The
2        court, on the request of petitioner or on its own
3        motion, may order respondent to provide suitable,
4        accessible, alternate housing for petitioner instead
5        of excluding respondent from a mutual residence or
6        household.
7        (3) Stay away order and additional prohibitions. Order
8    respondent to stay away from petitioner or any other
9    person protected by the domestic violence order of
10    protection, or prohibit respondent from entering or
11    remaining present at petitioner's school, place of
12    employment, or other specified places at times when
13    petitioner is present, or both, if reasonable, given the
14    balance of hardships. Hardships need not be balanced for
15    the court to enter a stay away order or prohibit entry if
16    respondent has no right to enter the premises.
17            (A) If a domestic violence order of protection
18        grants petitioner exclusive possession of the
19        residence, prohibits respondent from entering the
20        residence, or orders respondent to stay away from
21        petitioner or other protected persons, then the court
22        may allow respondent access to the residence to remove
23        items of clothing and personal adornment used
24        exclusively by respondent, medications, and other
25        items as the court directs. The right to access shall
26        be exercised on only one occasion as the court directs

 

 

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1        and in the presence of an agreed-upon adult third
2        party or law enforcement officer.
3            (B) When the petitioner and the respondent attend
4        the same public, private, or non-public elementary,
5        middle, or high school, the court when issuing a
6        domestic violence order of protection and providing
7        relief shall consider the severity of the act, any
8        continuing physical danger or emotional distress to
9        the petitioner, the educational rights guaranteed to
10        the petitioner and respondent under federal and State
11        law, the availability of a transfer of the respondent
12        to another school, a change of placement or a change of
13        program of the respondent, the expense, difficulty,
14        and educational disruption that would be caused by a
15        transfer of the respondent to another school, and any
16        other relevant facts of the case. The court may order
17        that the respondent not attend the public, private, or
18        non-public elementary, middle, or high school attended
19        by the petitioner, order that the respondent accept a
20        change of placement or change of program, as
21        determined by the school district or private or
22        non-public school, or place restrictions on the
23        respondent's movements within the school attended by
24        the petitioner. The respondent bears the burden of
25        proving by a preponderance of the evidence that a
26        transfer, change of placement, or change of program of

 

 

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1        the respondent is not available. The respondent also
2        bears the burden of production with respect to the
3        expense, difficulty, and educational disruption that
4        would be caused by a transfer of the respondent to
5        another school. A transfer, change of placement, or
6        change of program is not unavailable to the respondent
7        solely on the ground that the respondent does not
8        agree with the school district's or private or
9        non-public school's transfer, change of placement, or
10        change of program or solely on the ground that the
11        respondent fails or refuses to consent or otherwise
12        does not take an action required to effectuate a
13        transfer, change of placement, or change of program.
14        When a court orders a respondent to stay away from the
15        public, private, or non-public school attended by the
16        petitioner and the respondent requests a transfer to
17        another attendance center within the respondent's
18        school district or private or non-public school, the
19        school district or private or non-public school shall
20        have sole discretion to determine the attendance
21        center to which the respondent is transferred. If the
22        court order results in a transfer of the minor
23        respondent to another attendance center, a change in
24        the respondent's placement, or a change of the
25        respondent's program, the parents, guardian, or legal
26        custodian of the respondent is responsible for

 

 

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1        transportation and other costs associated with the
2        transfer or change.
3            (C) The court may order the parents, guardian, or
4        legal custodian of a minor respondent to take certain
5        actions or to refrain from taking certain actions to
6        ensure that the respondent complies with the order. If
7        the court orders a transfer of the respondent to
8        another school, the parents, guardian, or legal
9        custodian of the respondent is responsible for
10        transportation and other costs associated with the
11        change of school by the respondent.
12        (4) Counseling. Require or recommend the respondent to
13    undergo counseling for a specified duration with a social
14    worker, psychologist, clinical psychologist,
15    psychiatrist, family service agency, alcohol or substance
16    abuse program, mental health center guidance counselor,
17    agency providing services to elders, program designed for
18    domestic violence abusers, or any other guidance service
19    the court deems appropriate. The court may order the
20    respondent in any intimate partner relationship to report
21    to an Illinois Department of Human Services protocol
22    approved partner abuse intervention program for an
23    assessment and to follow all recommended treatment.
24        (5) Physical care and possession of the minor child.
25    In order to protect the minor child from abuse, neglect,
26    or unwarranted separation from the person who has been the

 

 

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1    minor child's primary caretaker, or to otherwise protect
2    the well-being of the minor child, the court may do either
3    or both of the following: (i) grant petitioner physical
4    care or possession of the minor child, or both, or (ii)
5    order respondent to return a minor child to, or not remove
6    a minor child from, the physical care of a parent or person
7    in loco parentis.
8        If the respondent is charged with abuse (as defined in
9    Section 112A-3 of this Code) of a minor child, there shall
10    be a rebuttable presumption that awarding physical care to
11    respondent would not be in the minor child's best
12    interest.
13        (6) Temporary allocation of parental responsibilities
14    and significant decision-making responsibilities. Award
15    temporary significant decision-making responsibility to
16    petitioner in accordance with this Section, the Illinois
17    Marriage and Dissolution of Marriage Act, the Illinois
18    Parentage Act of 2015, and this State's Uniform
19    Child-Custody Jurisdiction and Enforcement Act.
20        If the respondent is charged with abuse (as defined in
21    Section 112A-3 of this Code) of a minor child, there shall
22    be a rebuttable presumption that awarding temporary
23    significant decision-making responsibility to respondent
24    would not be in the child's best interest.
25        (7) Parenting time. Determine the parenting time, if
26    any, of respondent in any case in which the court awards

 

 

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1    physical care or temporary significant decision-making
2    responsibility of a minor child to petitioner. The court
3    shall restrict or deny respondent's parenting time with a
4    minor child if the court finds that respondent has done or
5    is likely to do any of the following:
6            (i) abuse or endanger the minor child during
7        parenting time;
8            (ii) use the parenting time as an opportunity to
9        abuse or harass petitioner or petitioner's family or
10        household members;
11            (iii) improperly conceal or detain the minor
12        child; or
13            (iv) otherwise act in a manner that is not in the
14        best interests of the minor child.
15        The court shall not be limited by the standards set
16    forth in Section 603.10 of the Illinois Marriage and
17    Dissolution of Marriage Act. If the court grants parenting
18    time, the order shall specify dates and times for the
19    parenting time to take place or other specific parameters
20    or conditions that are appropriate. No order for parenting
21    time shall refer merely to the term "reasonable parenting
22    time". Petitioner may deny respondent access to the minor
23    child if, when respondent arrives for parenting time,
24    respondent is under the influence of drugs or alcohol and
25    constitutes a threat to the safety and well-being of
26    petitioner or petitioner's minor children or is behaving

 

 

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1    in a violent or abusive manner. If necessary to protect
2    any member of petitioner's family or household from future
3    abuse, respondent shall be prohibited from coming to
4    petitioner's residence to meet the minor child for
5    parenting time, and the petitioner and respondent shall
6    submit to the court their recommendations for reasonable
7    alternative arrangements for parenting time. A person may
8    be approved to supervise parenting time only after filing
9    an affidavit accepting that responsibility and
10    acknowledging accountability to the court.
11        (8) Removal or concealment of minor child. Prohibit
12    respondent from removing a minor child from the State or
13    concealing the child within the State.
14        (9) Order to appear. Order the respondent to appear in
15    court, alone or with a minor child, to prevent abuse,
16    neglect, removal or concealment of the child, to return
17    the child to the custody or care of the petitioner, or to
18    permit any court-ordered interview or examination of the
19    child or the respondent.
20        (10) Possession of personal property. Grant petitioner
21    exclusive possession of personal property and, if
22    respondent has possession or control, direct respondent to
23    promptly make it available to petitioner, if:
24            (i) petitioner, but not respondent, owns the
25        property; or
26            (ii) the petitioner and respondent own the

 

 

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1        property jointly; sharing it would risk abuse of
2        petitioner by respondent or is impracticable; and the
3        balance of hardships favors temporary possession by
4        petitioner.
5        If petitioner's sole claim to ownership of the
6    property is that it is marital property, the court may
7    award petitioner temporary possession thereof under the
8    standards of subparagraph (ii) of this paragraph only if a
9    proper proceeding has been filed under the Illinois
10    Marriage and Dissolution of Marriage Act, as now or
11    hereafter amended.
12        No order under this provision shall affect title to
13    property.
14        (11) Protection of property. Forbid the respondent
15    from taking, transferring, encumbering, concealing,
16    damaging, or otherwise disposing of any real or personal
17    property, except as explicitly authorized by the court,
18    if:
19            (i) petitioner, but not respondent, owns the
20        property; or
21            (ii) the petitioner and respondent own the
22        property jointly, and the balance of hardships favors
23        granting this remedy.
24        If petitioner's sole claim to ownership of the
25    property is that it is marital property, the court may
26    grant petitioner relief under subparagraph (ii) of this

 

 

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1    paragraph only if a proper proceeding has been filed under
2    the Illinois Marriage and Dissolution of Marriage Act, as
3    now or hereafter amended.
4        The court may further prohibit respondent from
5    improperly using the financial or other resources of an
6    aged member of the family or household for the profit or
7    advantage of respondent or of any other person.
8        (11.5) Protection of animals. Grant the petitioner the
9    exclusive care, custody, or control of any animal owned,
10    possessed, leased, kept, or held by either the petitioner
11    or the respondent or a minor child residing in the
12    residence or household of either the petitioner or the
13    respondent and order the respondent to stay away from the
14    animal and forbid the respondent from taking,
15    transferring, encumbering, concealing, harming, or
16    otherwise disposing of the animal.
17        (12) Order for payment of support. Order respondent to
18    pay temporary support for the petitioner or any child in
19    the petitioner's care or over whom the petitioner has been
20    allocated parental responsibility, when the respondent has
21    a legal obligation to support that person, in accordance
22    with the Illinois Marriage and Dissolution of Marriage
23    Act, which shall govern, among other matters, the amount
24    of support, payment through the clerk and withholding of
25    income to secure payment. An order for child support may
26    be granted to a petitioner with lawful physical care of a

 

 

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1    child, or an order or agreement for physical care of a
2    child, prior to entry of an order allocating significant
3    decision-making responsibility. Such a support order shall
4    expire upon entry of a valid order allocating parental
5    responsibility differently and vacating petitioner's
6    significant decision-making responsibility unless
7    otherwise provided in the order.
8        (13) Order for payment of losses. Order respondent to
9    pay petitioner for losses suffered as a direct result of
10    the abuse. Such losses shall include, but not be limited
11    to, medical expenses, lost earnings or other support,
12    repair or replacement of property damaged or taken,
13    reasonable attorney's fees, court costs, and moving or
14    other travel expenses, including additional reasonable
15    expenses for temporary shelter and restaurant meals.
16            (i) Losses affecting family needs. If a party is
17        entitled to seek maintenance, child support, or
18        property distribution from the other party under the
19        Illinois Marriage and Dissolution of Marriage Act, as
20        now or hereafter amended, the court may order
21        respondent to reimburse petitioner's actual losses, to
22        the extent that such reimbursement would be
23        "appropriate temporary relief", as authorized by
24        subsection (a)(3) of Section 501 of that Act.
25            (ii) Recovery of expenses. In the case of an
26        improper concealment or removal of a minor child, the

 

 

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1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including, but not
4        limited to, legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and
10    well-being of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (A) A person who is subject to an existing
13        domestic violence order of protection issued under
14        this Code may not lawfully possess weapons or a
15        Firearm Owner's Identification Card under Section 8.2
16        of the Firearm Owners Identification Card Act and is
17        subject to the requirements of subsection (a-1) of
18        Section 214 of the Domestic Violence Act of 1986 and
19        paragraph (14.5) or (14.6) of subsection (b) of
20        Section 214 of the Domestic Violence Act of 1986, as
21        applicable.
22            (B) Any firearms in the possession of the
23        respondent, except as provided in subparagraph (C) of
24        this paragraph (14.5), shall be ordered by the court
25        to be turned over to a person with a valid Firearm
26        Owner's Identification Card for surrender: safekeeping

 

 

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1                (i) in the case of an ex parte order under
2            Section 112A-17.5, for the duration of the
3            domestic violence order of protection; or
4                (ii) in the case of a final order, for the
5            duration of the domestic violence order of
6            protection or 2 years, whichever is longer.
7            The court shall issue an order that the respondent
8        comply with Section 9.5 of the Firearm Owners
9        Identification Card Act. Illinois
10            (C) If the respondent is a peace officer as
11        defined in Section 2-13 of the Criminal Code of 2012,
12        the court shall order that any firearms used by the
13        respondent in the performance of his or her duties as a
14        peace officer be surrendered to the chief law
15        enforcement executive of the agency in which the
16        respondent is employed, who shall retain the firearms
17        for surrender: safekeeping
18                (i) in the case of an ex parte order under
19            Section 112A-17.5, for the duration of the
20            domestic violence order of protection; or
21                (ii) in the case of a final order, for the
22            duration of the domestic violence order of
23            protection or 2 years, whichever is longer.
24            (D) Upon expiration of the period of surrender
25        safekeeping, if the firearms or Firearm Owner's
26        Identification Card cannot be returned to respondent

 

 

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1        because respondent cannot be located, fails to respond
2        to requests to retrieve the firearms, or is not
3        lawfully eligible to possess a firearm, upon petition
4        from the local law enforcement agency, the court may
5        order the local law enforcement agency to destroy the
6        firearms, use the firearms for training purposes, or
7        for any other application as deemed appropriate by the
8        local law enforcement agency; or that the firearms be
9        turned over to a third party who is lawfully eligible
10        to possess firearms, and who does not reside with
11        respondent.
12        (15) Prohibition of access to records. If a domestic
13    violence order of protection prohibits respondent from
14    having contact with the minor child, or if petitioner's
15    address is omitted under subsection (b) of Section 112A-5
16    of this Code, or if necessary to prevent abuse or wrongful
17    removal or concealment of a minor child, the order shall
18    deny respondent access to, and prohibit respondent from
19    inspecting, obtaining, or attempting to inspect or obtain,
20    school or any other records of the minor child who is in
21    the care of petitioner.
22        (16) Order for payment of shelter services. Order
23    respondent to reimburse a shelter providing temporary
24    housing and counseling services to the petitioner for the
25    cost of the services, as certified by the shelter and
26    deemed reasonable by the court.

 

 

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1        (17) Order for injunctive relief. Enter injunctive
2    relief necessary or appropriate to prevent further abuse
3    of a family or household member or to effectuate one of the
4    granted remedies, if supported by the balance of
5    hardships. If the harm to be prevented by the injunction
6    is abuse or any other harm that one of the remedies listed
7    in paragraphs (1) through (16) of this subsection is
8    designed to prevent, no further evidence is necessary to
9    establish that the harm is an irreparable injury.
10        (18) Telephone services.
11            (A) Unless a condition described in subparagraph
12        (B) of this paragraph exists, the court may, upon
13        request by the petitioner, order a wireless telephone
14        service provider to transfer to the petitioner the
15        right to continue to use a telephone number or numbers
16        indicated by the petitioner and the financial
17        responsibility associated with the number or numbers,
18        as set forth in subparagraph (C) of this paragraph. In
19        this paragraph (18), the term "wireless telephone
20        service provider" means a provider of commercial
21        mobile service as defined in 47 U.S.C. 332. The
22        petitioner may request the transfer of each telephone
23        number that the petitioner, or a minor child in his or
24        her custody, uses. The clerk of the court shall serve
25        the order on the wireless telephone service provider's
26        agent for service of process provided to the Illinois

 

 

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1        Commerce Commission. The order shall contain all of
2        the following:
3                (i) The name and billing telephone number of
4            the account holder including the name of the
5            wireless telephone service provider that serves
6            the account.
7                (ii) Each telephone number that will be
8            transferred.
9                (iii) A statement that the provider transfers
10            to the petitioner all financial responsibility for
11            and right to the use of any telephone number
12            transferred under this paragraph.
13            (B) A wireless telephone service provider shall
14        terminate the respondent's use of, and shall transfer
15        to the petitioner use of, the telephone number or
16        numbers indicated in subparagraph (A) of this
17        paragraph unless it notifies the petitioner, within 72
18        hours after it receives the order, that one of the
19        following applies:
20                (i) The account holder named in the order has
21            terminated the account.
22                (ii) A difference in network technology would
23            prevent or impair the functionality of a device on
24            a network if the transfer occurs.
25                (iii) The transfer would cause a geographic or
26            other limitation on network or service provision

 

 

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1            to the petitioner.
2                (iv) Another technological or operational
3            issue would prevent or impair the use of the
4            telephone number if the transfer occurs.
5            (C) The petitioner assumes all financial
6        responsibility for and right to the use of any
7        telephone number transferred under this paragraph. In
8        this paragraph, "financial responsibility" includes
9        monthly service costs and costs associated with any
10        mobile device associated with the number.
11            (D) A wireless telephone service provider may
12        apply to the petitioner its routine and customary
13        requirements for establishing an account or
14        transferring a number, including requiring the
15        petitioner to provide proof of identification,
16        financial information, and customer preferences.
17            (E) Except for willful or wanton misconduct, a
18        wireless telephone service provider is immune from
19        civil liability for its actions taken in compliance
20        with a court order issued under this paragraph.
21            (F) All wireless service providers that provide
22        services to residential customers shall provide to the
23        Illinois Commerce Commission the name and address of
24        an agent for service of orders entered under this
25        paragraph (18). Any change in status of the registered
26        agent must be reported to the Illinois Commerce

 

 

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1        Commission within 30 days of such change.
2            (G) The Illinois Commerce Commission shall
3        maintain the list of registered agents for service for
4        each wireless telephone service provider on the
5        Commission's website. The Commission may consult with
6        wireless telephone service providers and the Circuit
7        Court Clerks on the manner in which this information
8        is provided and displayed.
9    (c) Relevant factors; findings.
10        (1) In determining whether to grant a specific remedy,
11    other than payment of support, the court shall consider
12    relevant factors, including, but not limited to, the
13    following:
14            (i) the nature, frequency, severity, pattern, and
15        consequences of the respondent's past abuse of the
16        petitioner or any family or household member,
17        including the concealment of his or her location in
18        order to evade service of process or notice, and the
19        likelihood of danger of future abuse to petitioner or
20        any member of petitioner's or respondent's family or
21        household; and
22            (ii) the danger that any minor child will be
23        abused or neglected or improperly relocated from the
24        jurisdiction, improperly concealed within the State,
25        or improperly separated from the child's primary
26        caretaker.

 

 

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1        (2) In comparing relative hardships resulting to the
2    parties from loss of possession of the family home, the
3    court shall consider relevant factors, including, but not
4    limited to, the following:
5            (i) availability, accessibility, cost, safety,
6        adequacy, location, and other characteristics of
7        alternate housing for each party and any minor child
8        or dependent adult in the party's care;
9            (ii) the effect on the party's employment; and
10            (iii) the effect on the relationship of the party,
11        and any minor child or dependent adult in the party's
12        care, to family, school, church, and community.
13        (3) Subject to the exceptions set forth in paragraph
14    (4) of this subsection (c), the court shall make its
15    findings in an official record or in writing, and shall at
16    a minimum set forth the following:
17            (i) That the court has considered the applicable
18        relevant factors described in paragraphs (1) and (2)
19        of this subsection (c).
20            (ii) Whether the conduct or actions of respondent,
21        unless prohibited, will likely cause irreparable harm
22        or continued abuse.
23            (iii) Whether it is necessary to grant the
24        requested relief in order to protect petitioner or
25        other alleged abused persons.
26        (4) (Blank).

 

 

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1        (5) Never married parties. No rights or
2    responsibilities for a minor child born outside of
3    marriage attach to a putative father until a father and
4    child relationship has been established under the Illinois
5    Parentage Act of 1984, the Illinois Parentage Act of 2015,
6    the Illinois Public Aid Code, Section 12 of the Vital
7    Records Act, the Juvenile Court Act of 1987, the Probate
8    Act of 1975, the Uniform Interstate Family Support Act,
9    the Expedited Child Support Act of 1990, any judicial,
10    administrative, or other act of another state or
11    territory, any other statute of this State, or by any
12    foreign nation establishing the father and child
13    relationship, any other proceeding substantially in
14    conformity with the federal Personal Responsibility and
15    Work Opportunity Reconciliation Act of 1996, or when both
16    parties appeared in open court or at an administrative
17    hearing acknowledging under oath or admitting by
18    affirmation the existence of a father and child
19    relationship. Absent such an adjudication, no putative
20    father shall be granted temporary allocation of parental
21    responsibilities, including parenting time with the minor
22    child, or physical care and possession of the minor child,
23    nor shall an order of payment for support of the minor
24    child be entered.
25    (d) Balance of hardships; findings. If the court finds
26that the balance of hardships does not support the granting of

 

 

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1a remedy governed by paragraph (2), (3), (10), (11), or (16) of
2subsection (b) of this Section, which may require such
3balancing, the court's findings shall so indicate and shall
4include a finding as to whether granting the remedy will
5result in hardship to respondent that would substantially
6outweigh the hardship to petitioner from denial of the remedy.
7The findings shall be an official record or in writing.
8    (e) Denial of remedies. Denial of any remedy shall not be
9based, in whole or in part, on evidence that:
10        (1) respondent has cause for any use of force, unless
11    that cause satisfies the standards for justifiable use of
12    force provided by Article 7 of the Criminal Code of 2012;
13        (2) respondent was voluntarily intoxicated;
14        (3) petitioner acted in self-defense or defense of
15    another, provided that, if petitioner utilized force, such
16    force was justifiable under Article 7 of the Criminal Code
17    of 2012;
18        (4) petitioner did not act in self-defense or defense
19    of another;
20        (5) petitioner left the residence or household to
21    avoid further abuse by respondent;
22        (6) petitioner did not leave the residence or
23    household to avoid further abuse by respondent; or
24        (7) conduct by any family or household member excused
25    the abuse by respondent, unless that same conduct would
26    have excused such abuse if the parties had not been family

 

 

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1    or household members.
2(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
3102-538, eff. 8-20-21; revised 11-2-21.)
 
4    Section 15. The Illinois Domestic Violence Act of 1986 is
5amended by changing Sections 214, 217, and 223 as follows:
 
6    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
7    Sec. 214. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member or that
10petitioner is a high-risk adult who has been abused,
11neglected, or exploited, as defined in this Act, an order of
12protection prohibiting the abuse, neglect, or exploitation
13shall issue; provided that petitioner must also satisfy the
14requirements of one of the following Sections, as appropriate:
15Section 217 on emergency orders, Section 218 on interim
16orders, or Section 219 on plenary orders. Petitioner shall not
17be denied an order of protection because petitioner or
18respondent is a minor. The court, when determining whether or
19not to issue an order of protection, shall not require
20physical manifestations of abuse on the person of the victim.
21Modification and extension of prior orders of protection shall
22be in accordance with this Act.
23    (a-1) If the respondent to an order of protection issued
24under subsection (a) is subject to paragraph (14.5) or (14.6)

 

 

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1of subsection (b), the order of protection shall also include
2an order to surrender firearms. The order to surrender
3firearms shall require the respondent to surrender any firearm
4on the day the respondent is served with the order of
5protection. Upon the respondent surrendering any firearm to
6the appropriate law enforcement agency, the law enforcement
7agency shall provide a statement of receipt of any firearm,
8with a description of any firearm surrendered, to the
9respondent and the court. This statement of receipt shall be
10considered proof of compliance with an order to surrender
11firearms and may be presented as proof at a hearing.
12    The failure to surrender any firearm within 24 hours to
13the appropriate law enforcement agency under an order to
14surrender firearms shall constitute contempt of court for the
15violation of the terms of the order of protection.
16    Within 30 days of the effective date of this amendatory
17Act of the 102nd General Assembly, the Supreme Court shall
18adopt a form for an order to surrender firearms and update any
19existing forms for an order of protection to reflect the
20changes made by this amendatory Act of the 102nd General
21Assembly. The form for an order to surrender firearms shall
22also include forms for a declaration of surrender of firearms,
23proof of surrender, declaration of nonsurrender, and order to
24release firearms.
25    (b) Remedies and standards. The remedies to be included in
26an order of protection shall be determined in accordance with

 

 

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1this Section and one of the following Sections, as
2appropriate: Section 217 on emergency orders, Section 218 on
3interim orders, and Section 219 on plenary orders. The
4remedies listed in this subsection shall be in addition to
5other civil or criminal remedies available to petitioner.
6        (1) Prohibition of abuse, neglect, or exploitation.
7    Prohibit respondent's harassment, interference with
8    personal liberty, intimidation of a dependent, physical
9    abuse, or willful deprivation, neglect or exploitation, as
10    defined in this Act, or stalking of the petitioner, as
11    defined in Section 12-7.3 of the Criminal Code of 2012, if
12    such abuse, neglect, exploitation, or stalking has
13    occurred or otherwise appears likely to occur if not
14    prohibited.
15        (2) Grant of exclusive possession of residence.
16    Prohibit respondent from entering or remaining in any
17    residence, household, or premises of the petitioner,
18    including one owned or leased by respondent, if petitioner
19    has a right to occupancy thereof. The grant of exclusive
20    possession of the residence, household, or premises shall
21    not affect title to real property, nor shall the court be
22    limited by the standard set forth in subsection (c-2) of
23    Section 501 of the Illinois Marriage and Dissolution of
24    Marriage Act.
25            (A) Right to occupancy. A party has a right to
26        occupancy of a residence or household if it is solely

 

 

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1        or jointly owned or leased by that party, that party's
2        spouse, a person with a legal duty to support that
3        party or a minor child in that party's care, or by any
4        person or entity other than the opposing party that
5        authorizes that party's occupancy (e.g., a domestic
6        violence shelter). Standards set forth in subparagraph
7        (B) shall not preclude equitable relief.
8            (B) Presumption of hardships. If petitioner and
9        respondent each has the right to occupancy of a
10        residence or household, the court shall balance (i)
11        the hardships to respondent and any minor child or
12        dependent adult in respondent's care resulting from
13        entry of this remedy with (ii) the hardships to
14        petitioner and any minor child or dependent adult in
15        petitioner's care resulting from continued exposure to
16        the risk of abuse (should petitioner remain at the
17        residence or household) or from loss of possession of
18        the residence or household (should petitioner leave to
19        avoid the risk of abuse). When determining the balance
20        of hardships, the court shall also take into account
21        the accessibility of the residence or household.
22        Hardships need not be balanced if respondent does not
23        have a right to occupancy.
24            The balance of hardships is presumed to favor
25        possession by petitioner unless the presumption is
26        rebutted by a preponderance of the evidence, showing

 

 

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1        that the hardships to respondent substantially
2        outweigh the hardships to petitioner and any minor
3        child or dependent adult in petitioner's care. The
4        court, on the request of petitioner or on its own
5        motion, may order respondent to provide suitable,
6        accessible, alternate housing for petitioner instead
7        of excluding respondent from a mutual residence or
8        household.
9        (3) Stay away order and additional prohibitions. Order
10    respondent to stay away from petitioner or any other
11    person protected by the order of protection, or prohibit
12    respondent from entering or remaining present at
13    petitioner's school, place of employment, or other
14    specified places at times when petitioner is present, or
15    both, if reasonable, given the balance of hardships.
16    Hardships need not be balanced for the court to enter a
17    stay away order or prohibit entry if respondent has no
18    right to enter the premises.
19            (A) If an order of protection grants petitioner
20        exclusive possession of the residence, or prohibits
21        respondent from entering the residence, or orders
22        respondent to stay away from petitioner or other
23        protected persons, then the court may allow respondent
24        access to the residence to remove items of clothing
25        and personal adornment used exclusively by respondent,
26        medications, and other items as the court directs. The

 

 

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1        right to access shall be exercised on only one
2        occasion as the court directs and in the presence of an
3        agreed-upon adult third party or law enforcement
4        officer.
5            (B) When the petitioner and the respondent attend
6        the same public, private, or non-public elementary,
7        middle, or high school, the court when issuing an
8        order of protection and providing relief shall
9        consider the severity of the act, any continuing
10        physical danger or emotional distress to the
11        petitioner, the educational rights guaranteed to the
12        petitioner and respondent under federal and State law,
13        the availability of a transfer of the respondent to
14        another school, a change of placement or a change of
15        program of the respondent, the expense, difficulty,
16        and educational disruption that would be caused by a
17        transfer of the respondent to another school, and any
18        other relevant facts of the case. The court may order
19        that the respondent not attend the public, private, or
20        non-public elementary, middle, or high school attended
21        by the petitioner, order that the respondent accept a
22        change of placement or change of program, as
23        determined by the school district or private or
24        non-public school, or place restrictions on the
25        respondent's movements within the school attended by
26        the petitioner. The respondent bears the burden of

 

 

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1        proving by a preponderance of the evidence that a
2        transfer, change of placement, or change of program of
3        the respondent is not available. The respondent also
4        bears the burden of production with respect to the
5        expense, difficulty, and educational disruption that
6        would be caused by a transfer of the respondent to
7        another school. A transfer, change of placement, or
8        change of program is not unavailable to the respondent
9        solely on the ground that the respondent does not
10        agree with the school district's or private or
11        non-public school's transfer, change of placement, or
12        change of program or solely on the ground that the
13        respondent fails or refuses to consent or otherwise
14        does not take an action required to effectuate a
15        transfer, change of placement, or change of program.
16        When a court orders a respondent to stay away from the
17        public, private, or non-public school attended by the
18        petitioner and the respondent requests a transfer to
19        another attendance center within the respondent's
20        school district or private or non-public school, the
21        school district or private or non-public school shall
22        have sole discretion to determine the attendance
23        center to which the respondent is transferred. In the
24        event the court order results in a transfer of the
25        minor respondent to another attendance center, a
26        change in the respondent's placement, or a change of

 

 

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1        the respondent's program, the parents, guardian, or
2        legal custodian of the respondent is responsible for
3        transportation and other costs associated with the
4        transfer or change.
5            (C) The court may order the parents, guardian, or
6        legal custodian of a minor respondent to take certain
7        actions or to refrain from taking certain actions to
8        ensure that the respondent complies with the order. In
9        the event the court orders a transfer of the
10        respondent to another school, the parents, guardian,
11        or legal custodian of the respondent is responsible
12        for transportation and other costs associated with the
13        change of school by the respondent.
14        (4) Counseling. Require or recommend the respondent to
15    undergo counseling for a specified duration with a social
16    worker, psychologist, clinical psychologist,
17    psychiatrist, family service agency, alcohol or substance
18    abuse program, mental health center guidance counselor,
19    agency providing services to elders, program designed for
20    domestic violence abusers or any other guidance service
21    the court deems appropriate. The Court may order the
22    respondent in any intimate partner relationship to report
23    to an Illinois Department of Human Services protocol
24    approved partner abuse intervention program for an
25    assessment and to follow all recommended treatment.
26        (5) Physical care and possession of the minor child.

 

 

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1    In order to protect the minor child from abuse, neglect,
2    or unwarranted separation from the person who has been the
3    minor child's primary caretaker, or to otherwise protect
4    the well-being of the minor child, the court may do either
5    or both of the following: (i) grant petitioner physical
6    care or possession of the minor child, or both, or (ii)
7    order respondent to return a minor child to, or not remove
8    a minor child from, the physical care of a parent or person
9    in loco parentis.
10        If a court finds, after a hearing, that respondent has
11    committed abuse (as defined in Section 103) of a minor
12    child, there shall be a rebuttable presumption that
13    awarding physical care to respondent would not be in the
14    minor child's best interest.
15        (6) Temporary allocation of parental responsibilities:
16    significant decision-making. Award temporary
17    decision-making responsibility to petitioner in accordance
18    with this Section, the Illinois Marriage and Dissolution
19    of Marriage Act, the Illinois Parentage Act of 2015, and
20    this State's Uniform Child-Custody Jurisdiction and
21    Enforcement Act.
22        If a court finds, after a hearing, that respondent has
23    committed abuse (as defined in Section 103) of a minor
24    child, there shall be a rebuttable presumption that
25    awarding temporary significant decision-making
26    responsibility to respondent would not be in the child's

 

 

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1    best interest.
2        (7) Parenting time. Determine the parenting time, if
3    any, of respondent in any case in which the court awards
4    physical care or allocates temporary significant
5    decision-making responsibility of a minor child to
6    petitioner. The court shall restrict or deny respondent's
7    parenting time with a minor child if the court finds that
8    respondent has done or is likely to do any of the
9    following: (i) abuse or endanger the minor child during
10    parenting time; (ii) use the parenting time as an
11    opportunity to abuse or harass petitioner or petitioner's
12    family or household members; (iii) improperly conceal or
13    detain the minor child; or (iv) otherwise act in a manner
14    that is not in the best interests of the minor child. The
15    court shall not be limited by the standards set forth in
16    Section 603.10 of the Illinois Marriage and Dissolution of
17    Marriage Act. If the court grants parenting time, the
18    order shall specify dates and times for the parenting time
19    to take place or other specific parameters or conditions
20    that are appropriate. No order for parenting time shall
21    refer merely to the term "reasonable parenting time".
22        Petitioner may deny respondent access to the minor
23    child if, when respondent arrives for parenting time,
24    respondent is under the influence of drugs or alcohol and
25    constitutes a threat to the safety and well-being of
26    petitioner or petitioner's minor children or is behaving

 

 

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1    in a violent or abusive manner.
2        If necessary to protect any member of petitioner's
3    family or household from future abuse, respondent shall be
4    prohibited from coming to petitioner's residence to meet
5    the minor child for parenting time, and the parties shall
6    submit to the court their recommendations for reasonable
7    alternative arrangements for parenting time. A person may
8    be approved to supervise parenting time only after filing
9    an affidavit accepting that responsibility and
10    acknowledging accountability to the court.
11        (8) Removal or concealment of minor child. Prohibit
12    respondent from removing a minor child from the State or
13    concealing the child within the State.
14        (9) Order to appear. Order the respondent to appear in
15    court, alone or with a minor child, to prevent abuse,
16    neglect, removal or concealment of the child, to return
17    the child to the custody or care of the petitioner or to
18    permit any court-ordered interview or examination of the
19    child or the respondent.
20        (10) Possession of personal property. Grant petitioner
21    exclusive possession of personal property and, if
22    respondent has possession or control, direct respondent to
23    promptly make it available to petitioner, if:
24            (i) petitioner, but not respondent, owns the
25        property; or
26            (ii) the parties own the property jointly; sharing

 

 

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1        it would risk abuse of petitioner by respondent or is
2        impracticable; and the balance of hardships favors
3        temporary possession by petitioner.
4        If petitioner's sole claim to ownership of the
5    property is that it is marital property, the court may
6    award petitioner temporary possession thereof under the
7    standards of subparagraph (ii) of this paragraph only if a
8    proper proceeding has been filed under the Illinois
9    Marriage and Dissolution of Marriage Act, as now or
10    hereafter amended.
11        No order under this provision shall affect title to
12    property.
13        (11) Protection of property. Forbid the respondent
14    from taking, transferring, encumbering, concealing,
15    damaging or otherwise disposing of any real or personal
16    property, except as explicitly authorized by the court,
17    if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the parties own the property jointly, and the
21        balance of hardships favors granting this remedy.
22        If petitioner's sole claim to ownership of the
23    property is that it is marital property, the court may
24    grant petitioner relief under subparagraph (ii) of this
25    paragraph only if a proper proceeding has been filed under
26    the Illinois Marriage and Dissolution of Marriage Act, as

 

 

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1    now or hereafter amended.
2        The court may further prohibit respondent from
3    improperly using the financial or other resources of an
4    aged member of the family or household for the profit or
5    advantage of respondent or of any other person.
6        (11.5) Protection of animals. Grant the petitioner the
7    exclusive care, custody, or control of any animal owned,
8    possessed, leased, kept, or held by either the petitioner
9    or the respondent or a minor child residing in the
10    residence or household of either the petitioner or the
11    respondent and order the respondent to stay away from the
12    animal and forbid the respondent from taking,
13    transferring, encumbering, concealing, harming, or
14    otherwise disposing of the animal.
15        (12) Order for payment of support. Order respondent to
16    pay temporary support for the petitioner or any child in
17    the petitioner's care or over whom the petitioner has been
18    allocated parental responsibility, when the respondent has
19    a legal obligation to support that person, in accordance
20    with the Illinois Marriage and Dissolution of Marriage
21    Act, which shall govern, among other matters, the amount
22    of support, payment through the clerk and withholding of
23    income to secure payment. An order for child support may
24    be granted to a petitioner with lawful physical care of a
25    child, or an order or agreement for physical care of a
26    child, prior to entry of an order allocating significant

 

 

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1    decision-making responsibility. Such a support order shall
2    expire upon entry of a valid order allocating parental
3    responsibility differently and vacating the petitioner's
4    significant decision-making authority, unless otherwise
5    provided in the order.
6        (13) Order for payment of losses. Order respondent to
7    pay petitioner for losses suffered as a direct result of
8    the abuse, neglect, or exploitation. Such losses shall
9    include, but not be limited to, medical expenses, lost
10    earnings or other support, repair or replacement of
11    property damaged or taken, reasonable attorney's fees,
12    court costs and moving or other travel expenses, including
13    additional reasonable expenses for temporary shelter and
14    restaurant meals.
15            (i) Losses affecting family needs. If a party is
16        entitled to seek maintenance, child support or
17        property distribution from the other party under the
18        Illinois Marriage and Dissolution of Marriage Act, as
19        now or hereafter amended, the court may order
20        respondent to reimburse petitioner's actual losses, to
21        the extent that such reimbursement would be
22        "appropriate temporary relief", as authorized by
23        subsection (a)(3) of Section 501 of that Act.
24            (ii) Recovery of expenses. In the case of an
25        improper concealment or removal of a minor child, the
26        court may order respondent to pay the reasonable

 

 

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1        expenses incurred or to be incurred in the search for
2        and recovery of the minor child, including but not
3        limited to legal fees, court costs, private
4        investigator fees, and travel costs.
5        (14) Prohibition of entry. Prohibit the respondent
6    from entering or remaining in the residence or household
7    while the respondent is under the influence of alcohol or
8    drugs and constitutes a threat to the safety and
9    well-being of the petitioner or the petitioner's children.
10        (14.5) Prohibition of firearm possession; plenary
11    orders.
12            (a) In the case of a granted plenary order,
13        prohibit Prohibit a respondent against whom an order
14        of protection was issued from possessing any firearms
15        during the duration of the order or 2 years, whichever
16        is longer, if the order:
17                (1) was issued after a hearing of which such
18            person received actual notice, and at which such
19            person had an opportunity to participate;
20                (2) restrains such person from harassing,
21            stalking, or threatening an intimate partner of
22            such person or child of such intimate partner or
23            person, or engaging in other conduct that would
24            place an intimate partner in reasonable fear of
25            bodily injury to the partner or child; and
26                (3)(i) includes a finding that such person

 

 

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1            represents a credible threat to the physical
2            safety of such intimate partner or child; or (ii)
3            by its terms explicitly prohibits the use,
4            attempted use, or threatened use of physical force
5            against such intimate partner or child that would
6            reasonably be expected to cause bodily injury.
7            Any Firearm Owner's Identification Card in the
8        possession of the respondent, except as provided in
9        subparagraph subsection (b), shall be revoked or
10        suspended consistent with Section 8.2 of the Firearm
11        Owners Identification Act, and the respondent shall be
12        ordered by the court to surrender the card and any
13        firearm in the respondent's possession consistent with
14        Sections 8.2, 8.3, and 9.5 of the Firearm Owners
15        Identification Act. If the card is suspended, the be
16        turned over to the local law enforcement agency. The
17        local law enforcement agency shall immediately mail
18        the card to the Illinois State Police Firearm Owner's
19        Identification Card Office for safekeeping. The court
20        shall issue a warrant for seizure of any firearm in the
21        possession of the respondent, to be kept by the local
22        law enforcement agency for safekeeping, except as
23        provided in subsection (b). The period of surrender
24        safekeeping shall be for the duration of the order of
25        protection. If the card is revoked, the period of
26        surrender shall be for the duration of the order of

 

 

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1        protection or 2 years, whichever is longer. The
2        Illinois State Police shall make notification to the
3        local law enforcement with jurisdiction of the
4        suspension or revocation. The firearm or firearms and
5        Firearm Owner's Identification Card, if unexpired,
6        shall at the respondent's request, be returned to the
7        respondent at the end of the order of protection. It is
8        the respondent's responsibility to notify the Illinois
9        State Police Firearm Owner's Identification Card
10        Office.
11            (b) If the respondent is a peace officer as
12        defined in Section 2-13 of the Criminal Code of 2012,
13        the court shall order that any firearms used by the
14        respondent in the performance of his or her duties as a
15        peace officer be surrendered to the chief law
16        enforcement executive of the agency in which the
17        respondent is employed, who shall retain the firearms
18        for surrender safekeeping for the duration of the
19        order of protection or 2 years, whichever is longer.
20            (c) Upon expiration of the period of surrender
21        safekeeping, if the firearms or Firearm Owner's
22        Identification Card cannot be returned to the
23        respondent because the respondent cannot be located,
24        fails to respond to requests to retrieve the firearms,
25        or is not lawfully eligible to possess a firearm, upon
26        petition from the local law enforcement agency, the

 

 

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1        court may order the local law enforcement agency to
2        destroy the firearms, use the firearms for training
3        purposes, or for any other application as deemed
4        appropriate by the local law enforcement agency; or
5        that the firearms be turned over to a third party who
6        is lawfully eligible to possess firearms, and who does
7        not reside with the respondent.
8            (d) A respondent who has surrendered a firearm
9        under this paragraph shall not purchase a firearm for
10        the period of surrender. A respondent who has
11        surrendered a firearm under this paragraph shall not
12        possess or have access to any firearm regardless of
13        whether the firearm belongs to another person or if
14        the respondent is residing with another person who
15        owns a firearm and keeps the firearm at the residence.
16            (e) Upon expiration of the period of surrender,
17        any surrendered firearm may only be returned to a
18        respondent if a judicial officer has signed an order
19        to release firearms stating that the order of
20        protection is no longer in effect and the period of
21        surrender has expired.
22        (14.6) Prohibition of firearm possession; emergency
23    orders.
24            (a) Any Firearm Owner's Identification Card in the
25        possession of the respondent, except as provided in
26        subparagraph (b), shall be suspended consistent with

 

 

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1        Section 8.2 of the Firearm Owners Identification Act,
2        and the respondent shall be ordered by the court to
3        surrender the card and any firearm in the respondent's
4        possession consistent with Sections 8.3 and 9.5 of the
5        Firearm Owners Identification Act. The period of
6        surrender shall be for the duration of the order of
7        protection.
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 surrender for the duration of the order of
16        protection.
17            (c) Upon expiration of the period of surrender, if
18        the firearms or Firearm Owner's Identification Card
19        cannot be returned to respondent because respondent
20        cannot be located, fails to respond to requests to
21        retrieve the firearms, or is not lawfully eligible to
22        possess a firearm, upon petition from the local law
23        enforcement agency, the court may order the local law
24        enforcement agency to destroy the firearms, use the
25        firearms for training purposes, or for any other
26        application as deemed appropriate by the local law

 

 

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1        enforcement agency; or that the firearms be turned
2        over to a third party who is lawfully eligible to
3        possess firearms, and who does not reside with
4        respondent.
5            (d) A respondent who has surrendered a firearm
6        under this paragraph shall not purchase a firearm for
7        the period of surrender. A respondent who has
8        surrendered a firearm under this paragraph shall not
9        possess or have access to any firearm regardless of
10        whether the firearm belongs to another person or if
11        the respondent is residing with another person who
12        owns a firearm and keeps the firearm at the residence.
13            (e) Upon expiration of the period of surrender,
14        any surrendered firearm may only be returned to a
15        respondent if a judicial officer has signed an order
16        to release firearms stating that the order of
17        protection is no longer in effect and the period of
18        surrender has expired.
19        (15) Prohibition of access to records. If an order of
20    protection prohibits respondent from having contact with
21    the minor child, or if petitioner's address is omitted
22    under subsection (b) of Section 203, or if necessary to
23    prevent abuse or wrongful removal or concealment of a
24    minor child, the order shall deny respondent access to,
25    and prohibit respondent from inspecting, obtaining, or
26    attempting to inspect or obtain, school or any other

 

 

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1    records of the minor child who is in the care of
2    petitioner.
3        (16) Order for payment of shelter services. Order
4    respondent to reimburse a shelter providing temporary
5    housing and counseling services to the petitioner for the
6    cost of the services, as certified by the shelter and
7    deemed reasonable by the court.
8        (17) Order for injunctive relief. Enter injunctive
9    relief necessary or appropriate to prevent further abuse
10    of a family or household member or further abuse, neglect,
11    or exploitation of a high-risk adult with disabilities or
12    to effectuate one of the granted remedies, if supported by
13    the balance of hardships. If the harm to be prevented by
14    the injunction is abuse or any other harm that one of the
15    remedies listed in paragraphs (1) through (16) of this
16    subsection is designed to prevent, no further evidence is
17    necessary that the harm is an irreparable injury.
18        (18) Telephone services.
19            (A) Unless a condition described in subparagraph
20        (B) of this paragraph exists, the court may, upon
21        request by the petitioner, order a wireless telephone
22        service provider to transfer to the petitioner the
23        right to continue to use a telephone number or numbers
24        indicated by the petitioner and the financial
25        responsibility associated with the number or numbers,
26        as set forth in subparagraph (C) of this paragraph.

 

 

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1        For purposes of this paragraph (18), the term
2        "wireless telephone service provider" means a provider
3        of commercial mobile service as defined in 47 U.S.C.
4        332. The petitioner may request the transfer of each
5        telephone number that the petitioner, or a minor child
6        in his or her custody, uses. The clerk of the court
7        shall serve the order on the wireless telephone
8        service provider's agent for service of process
9        provided to the Illinois Commerce Commission. The
10        order shall contain all of the following:
11                (i) The name and billing telephone number of
12            the account holder including the name of the
13            wireless telephone service provider that serves
14            the account.
15                (ii) Each telephone number that will be
16            transferred.
17                (iii) A statement that the provider transfers
18            to the petitioner all financial responsibility for
19            and right to the use of any telephone number
20            transferred under this paragraph.
21            (B) A wireless telephone service provider shall
22        terminate the respondent's use of, and shall transfer
23        to the petitioner use of, the telephone number or
24        numbers indicated in subparagraph (A) of this
25        paragraph unless it notifies the petitioner, within 72
26        hours after it receives the order, that one of the

 

 

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1        following applies:
2                (i) The account holder named in the order has
3            terminated the account.
4                (ii) A difference in network technology would
5            prevent or impair the functionality of a device on
6            a network if the transfer occurs.
7                (iii) The transfer would cause a geographic or
8            other limitation on network or service provision
9            to the petitioner.
10                (iv) Another technological or operational
11            issue would prevent or impair the use of the
12            telephone number if the transfer occurs.
13            (C) The petitioner assumes all financial
14        responsibility for and right to the use of any
15        telephone number transferred under this paragraph. In
16        this paragraph, "financial responsibility" includes
17        monthly service costs and costs associated with any
18        mobile device associated with the number.
19            (D) A wireless telephone service provider may
20        apply to the petitioner its routine and customary
21        requirements for establishing an account or
22        transferring a number, including requiring the
23        petitioner to provide proof of identification,
24        financial information, and customer preferences.
25            (E) Except for willful or wanton misconduct, a
26        wireless telephone service provider is immune from

 

 

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1        civil liability for its actions taken in compliance
2        with a court order issued under this paragraph.
3            (F) All wireless service providers that provide
4        services to residential customers shall provide to the
5        Illinois Commerce Commission the name and address of
6        an agent for service of orders entered under this
7        paragraph (18). Any change in status of the registered
8        agent must be reported to the Illinois Commerce
9        Commission within 30 days of such change.
10            (G) The Illinois Commerce Commission shall
11        maintain the list of registered agents for service for
12        each wireless telephone service provider on the
13        Commission's website. The Commission may consult with
14        wireless telephone service providers and the Circuit
15        Court Clerks on the manner in which this information
16        is provided and displayed.
17    (c) Relevant factors; findings.
18        (1) In determining whether to grant a specific remedy,
19    other than payment of support, the court shall consider
20    relevant factors, including but not limited to the
21    following:
22            (i) the nature, frequency, severity, pattern and
23        consequences of the respondent's past abuse, neglect
24        or exploitation of the petitioner or any family or
25        household member, including the concealment of his or
26        her location in order to evade service of process or

 

 

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1        notice, and the likelihood of danger of future abuse,
2        neglect, or exploitation to petitioner or any member
3        of petitioner's or respondent's family or household;
4        and
5            (ii) the danger that any minor child will be
6        abused or neglected or improperly relocated from the
7        jurisdiction, improperly concealed within the State or
8        improperly separated from the child's primary
9        caretaker.
10        (2) In comparing relative hardships resulting to the
11    parties from loss of possession of the family home, the
12    court shall consider relevant factors, including but not
13    limited to the following:
14            (i) availability, accessibility, cost, safety,
15        adequacy, location and other characteristics of
16        alternate housing for each party and any minor child
17        or dependent adult in the party's care;
18            (ii) the effect on the party's employment; and
19            (iii) the effect on the relationship of the party,
20        and any minor child or dependent adult in the party's
21        care, to family, school, church and community.
22        (3) Subject to the exceptions set forth in paragraph
23    (4) of this subsection, the court shall make its findings
24    in an official record or in writing, and shall at a minimum
25    set forth the following:
26            (i) That the court has considered the applicable

 

 

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1        relevant factors described in paragraphs (1) and (2)
2        of this subsection.
3            (ii) Whether the conduct or actions of respondent,
4        unless prohibited, will likely cause irreparable harm
5        or continued abuse.
6            (iii) Whether it is necessary to grant the
7        requested relief in order to protect petitioner or
8        other alleged abused persons.
9        (4) For purposes of issuing an ex parte emergency
10    order of protection, the court, as an alternative to or as
11    a supplement to making the findings described in
12    paragraphs (c)(3)(i) through (c)(3)(iii) of this
13    subsection, may use the following procedure:
14        When a verified petition for an emergency order of
15    protection in accordance with the requirements of Sections
16    203 and 217 is presented to the court, the court shall
17    examine petitioner on oath or affirmation. An emergency
18    order of protection shall be issued by the court if it
19    appears from the contents of the petition and the
20    examination of petitioner that the averments are
21    sufficient to indicate abuse by respondent and to support
22    the granting of relief under the issuance of the emergency
23    order of protection.
24        (5) Never married parties. No rights or
25    responsibilities for a minor child born outside of
26    marriage attach to a putative father until a father and

 

 

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1    child relationship has been established under the Illinois
2    Parentage Act of 1984, the Illinois Parentage Act of 2015,
3    the Illinois Public Aid Code, Section 12 of the Vital
4    Records Act, the Juvenile Court Act of 1987, the Probate
5    Act of 1975, the Revised Uniform Reciprocal Enforcement of
6    Support Act, the Uniform Interstate Family Support Act,
7    the Expedited Child Support Act of 1990, any judicial,
8    administrative, or other act of another state or
9    territory, any other Illinois statute, or by any foreign
10    nation establishing the father and child relationship, any
11    other proceeding substantially in conformity with the
12    Personal Responsibility and Work Opportunity
13    Reconciliation Act of 1996 (Pub. L. 104-193), or where
14    both parties appeared in open court or at an
15    administrative hearing acknowledging under oath or
16    admitting by affirmation the existence of a father and
17    child relationship. Absent such an adjudication, finding,
18    or acknowledgment, no putative father shall be granted
19    temporary allocation of parental responsibilities,
20    including parenting time with the minor child, or physical
21    care and possession of the minor child, nor shall an order
22    of payment for support of the minor child be entered.
23    (d) Balance of hardships; findings. If the court finds
24that the balance of hardships does not support the granting of
25a remedy governed by paragraph (2), (3), (10), (11), or (16) of
26subsection (b) of this Section, which may require such

 

 

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1balancing, the court's findings shall so indicate and shall
2include a finding as to whether granting the remedy will
3result in hardship to respondent that would substantially
4outweigh the hardship to petitioner from denial of the remedy.
5The findings shall be an official record or in writing.
6    (e) Denial of remedies. Denial of any remedy shall not be
7based, in whole or in part, on evidence that:
8        (1) Respondent has cause for any use of force, unless
9    that cause satisfies the standards for justifiable use of
10    force provided by Article 7 of the Criminal Code of 2012;
11        (2) Respondent was voluntarily intoxicated;
12        (3) Petitioner acted in self-defense or defense of
13    another, provided that, if petitioner utilized force, such
14    force was justifiable under Article 7 of the Criminal Code
15    of 2012;
16        (4) Petitioner did not act in self-defense or defense
17    of another;
18        (5) Petitioner left the residence or household to
19    avoid further abuse, neglect, or exploitation by
20    respondent;
21        (6) Petitioner did not leave the residence or
22    household to avoid further abuse, neglect, or exploitation
23    by respondent;
24        (7) Conduct by any family or household member excused
25    the abuse, neglect, or exploitation by respondent, unless
26    that same conduct would have excused such abuse, neglect,

 

 

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1    or exploitation if the parties had not been family or
2    household members.
3(Source: P.A. 102-538, eff. 8-20-21.)
 
4    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
5    Sec. 217. Emergency order of protection.
6    (a) Prerequisites. An emergency order of protection shall
7issue if petitioner satisfies the requirements of this
8subsection for one or more of the requested remedies. For each
9remedy requested, petitioner shall establish that:
10        (1) The court has jurisdiction under Section 208;
11        (2) The requirements of Section 214 are satisfied; and
12        (3) There is good cause to grant the remedy,
13    regardless of prior service of process or of notice upon
14    the respondent, because:
15            (i) For the remedies of "prohibition of abuse"
16        described in Section 214(b)(1), "stay away order and
17        additional prohibitions" described in Section
18        214(b)(3), "removal or concealment of minor child"
19        described in Section 214(b)(8), "order to appear"
20        described in Section 214(b)(9), "physical care and
21        possession of the minor child" described in Section
22        214(b)(5), "protection of property" described in
23        Section 214(b)(11), "prohibition of entry" described
24        in Section 214(b)(14), "prohibition of firearm
25        possession" described in Section 214(b)(14.6)

 

 

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1        214(b)(14.5), "prohibition of access to records"
2        described in Section 214(b)(15), and "injunctive
3        relief" described in Section 214(b)(16), the harm
4        which that remedy is intended to prevent would be
5        likely to occur if the respondent were given any prior
6        notice, or greater notice than was actually given, of
7        the petitioner's efforts to obtain judicial relief;
8            (ii) For the remedy of "grant of exclusive
9        possession of residence" described in Section
10        214(b)(2), the immediate danger of further abuse of
11        petitioner by respondent, if petitioner chooses or had
12        chosen to remain in the residence or household while
13        respondent was given any prior notice or greater
14        notice than was actually given of petitioner's efforts
15        to obtain judicial relief, outweighs the hardships to
16        respondent of an emergency order granting petitioner
17        exclusive possession of the residence or household.
18        This remedy shall not be denied because petitioner has
19        or could obtain temporary shelter elsewhere while
20        prior notice is given to respondent, unless the
21        hardships to respondent from exclusion from the home
22        substantially outweigh those to petitioner;
23            (iii) For the remedy of "possession of personal
24        property" described in Section 214(b)(10), improper
25        disposition of the personal property would be likely
26        to occur if respondent were given any prior notice, or

 

 

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1        greater notice than was actually given, of
2        petitioner's efforts to obtain judicial relief, or
3        petitioner has an immediate and pressing need for
4        possession of that property.
5    An emergency order may not include the counseling, legal
6custody, payment of support or monetary compensation remedies.
7    (a-5) When a petition for an emergency order of protection
8is granted, the order shall not be publicly available until
9the order is served on the respondent.
10    (b) Appearance by respondent. If respondent appears in
11court for this hearing for an emergency order, he or she may
12elect to file a general appearance and testify. Any resulting
13order may be an emergency order, governed by this Section.
14Notwithstanding the requirements of this Section, if all
15requirements of Section 218 have been met, the court may issue
16a 30-day interim order.
17    (c) Emergency orders: court holidays and evenings.
18        (1) Prerequisites. When the court is unavailable at
19    the close of business, the petitioner may file a petition
20    for a 21-day emergency order before any available circuit
21    judge or associate judge who may grant relief under this
22    Act. If the judge finds that there is an immediate and
23    present danger of abuse to petitioner and that petitioner
24    has satisfied the prerequisites set forth in subsection
25    (a) of Section 217, that judge may issue an emergency
26    order of protection.

 

 

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1        (1.5) Issuance of order. The chief judge of the
2    circuit court may designate for each county in the circuit
3    at least one judge to be reasonably available to issue
4    orally, by telephone, by facsimile, or otherwise, an
5    emergency order of protection at all times, whether or not
6    the court is in session.
7        (2) Certification and transfer. The judge who issued
8    the order under this Section shall promptly communicate or
9    convey the order to the sheriff to facilitate the entry of
10    the order into the Law Enforcement Agencies Data System by
11    the Illinois State Police pursuant to Section 302. Any
12    order issued under this Section and any documentation in
13    support thereof shall be certified on the next court day
14    to the appropriate court. The clerk of that court shall
15    immediately assign a case number, file the petition, order
16    and other documents with the court, and enter the order of
17    record and file it with the sheriff for service, in
18    accordance with Section 222. Filing the petition shall
19    commence proceedings for further relief under Section 202.
20    Failure to comply with the requirements of this subsection
21    shall not affect the validity of the order.
22(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
23    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
24    (Text of Section before amendment by P.A. 101-652)
25    Sec. 223. Enforcement of orders of protection.

 

 

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1    (a) When violation is crime. A violation of any order of
2protection, whether issued in a civil or criminal proceeding,
3shall be enforced by a criminal court when:
4        (1) The respondent commits the crime of violation of
5    an order of protection pursuant to Section 12-3.4 or 12-30
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    by having knowingly violated:
8            (i) remedies described in paragraphs (1), (2),
9        (3), (14), or (14.5), or (14.6) of subsection (b) of
10        Section 214 of this Act; or
11            (ii) a remedy, which is substantially similar to
12        the remedies authorized under paragraphs (1), (2),
13        (3), (14), and (14.5), and (14.6) of subsection (b) of
14        Section 214 of this Act, in a valid order of protection
15        which is authorized under the laws of another state,
16        tribe, or United States territory; or
17            (iii) any other remedy when the act constitutes a
18        crime against the protected parties as defined by the
19        Criminal Code of 1961 or the Criminal Code of 2012.
20        Prosecution for a violation of an order of protection
21    shall not bar concurrent prosecution for any other crime,
22    including any crime that may have been committed at the
23    time of the violation of the order of protection; or
24        (2) The respondent commits the crime of child
25    abduction pursuant to Section 10-5 of the Criminal Code of
26    1961 or the Criminal Code of 2012, by having knowingly

 

 

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1    violated:
2            (i) remedies described in paragraphs (5), (6) or
3        (8) of subsection (b) of Section 214 of this Act; or
4            (ii) a remedy, which is substantially similar to
5        the remedies authorized under paragraphs (5), (6), or
6        (8) of subsection (b) of Section 214 of this Act, in a
7        valid order of protection which is authorized under
8        the laws of another state, tribe, or United States
9        territory.
10    (b) When violation is contempt of court. A violation of
11any valid Illinois order of protection, whether issued in a
12civil or criminal proceeding, may be enforced through civil or
13criminal contempt procedures, as appropriate, by any court
14with jurisdiction, regardless where the act or acts which
15violated the order of protection were committed, to the extent
16consistent with the venue provisions of this Act. Nothing in
17this Act shall preclude any Illinois court from enforcing any
18valid order of protection issued in another state. Illinois
19courts may enforce orders of protection through both criminal
20prosecution and contempt proceedings, unless the action which
21is second in time is barred by collateral estoppel or the
22constitutional prohibition against double jeopardy.
23        (1) In a contempt proceeding where the petition for a
24    rule to show cause sets forth facts evidencing an
25    immediate danger that the respondent will flee the
26    jurisdiction, conceal a child, or inflict physical abuse

 

 

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1    on the petitioner or minor children or on dependent adults
2    in petitioner's care, the court may order the attachment
3    of the respondent without prior service of the rule to
4    show cause or the petition for a rule to show cause. Bond
5    shall be set unless specifically denied in writing.
6        (2) A petition for a rule to show cause for violation
7    of an order of protection shall be treated as an expedited
8    proceeding.
9    (b-1) The court shall not hold a school district or
10private or non-public school or any of its employees in civil
11or criminal contempt unless the school district or private or
12non-public school has been allowed to intervene.
13    (b-2) The court may hold the parents, guardian, or legal
14custodian of a minor respondent in civil or criminal contempt
15for a violation of any provision of any order entered under
16this Act for conduct of the minor respondent in violation of
17this Act if the parents, guardian, or legal custodian
18directed, encouraged, or assisted the respondent minor in such
19conduct.
20    (c) Violation of custody or support orders or temporary or
21final judgments allocating parental responsibilities. A
22violation of remedies described in paragraphs (5), (6), (8),
23or (9) of subsection (b) of Section 214 of this Act may be
24enforced by any remedy provided by Section 607.5 of the
25Illinois Marriage and Dissolution of Marriage Act. The court
26may enforce any order for support issued under paragraph (12)

 

 

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1of subsection (b) of Section 214 in the manner provided for
2under Parts V and VII of the Illinois Marriage and Dissolution
3of Marriage Act.
4    (d) Actual knowledge. An order of protection may be
5enforced pursuant to this Section if the respondent violates
6the order after the respondent has actual knowledge of its
7contents as shown through one of the following means:
8        (1) By service, delivery, or notice under Section 210.
9        (2) By notice under Section 210.1 or 211.
10        (3) By service of an order of protection under Section
11    222.
12        (4) By other means demonstrating actual knowledge of
13    the contents of the order.
14    (e) The enforcement of an order of protection in civil or
15criminal court shall not be affected by either of the
16following:
17        (1) The existence of a separate, correlative order,
18    entered under Section 215.
19        (2) Any finding or order entered in a conjoined
20    criminal proceeding.
21    (f) Circumstances. The court, when determining whether or
22not a violation of an order of protection has occurred, shall
23not require physical manifestations of abuse on the person of
24the victim.
25    (g) Penalties.
26        (1) Except as provided in paragraph (3) of this

 

 

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1    subsection, where the court finds the commission of a
2    crime or contempt of court under subsections (a) or (b) of
3    this Section, the penalty shall be the penalty that
4    generally applies in such criminal or contempt
5    proceedings, and may include one or more of the following:
6    incarceration, payment of restitution, a fine, payment of
7    attorneys' fees and costs, or community service.
8        (2) The court shall hear and take into account
9    evidence of any factors in aggravation or mitigation
10    before deciding an appropriate penalty under paragraph (1)
11    of this subsection.
12        (3) To the extent permitted by law, the court is
13    encouraged to:
14            (i) increase the penalty for the knowing violation
15        of any order of protection over any penalty previously
16        imposed by any court for respondent's violation of any
17        order of protection or penal statute involving
18        petitioner as victim and respondent as defendant;
19            (ii) impose a minimum penalty of 24 hours
20        imprisonment for respondent's first violation of any
21        order of protection; and
22            (iii) impose a minimum penalty of 48 hours
23        imprisonment for respondent's second or subsequent
24        violation of an order of protection
25    unless the court explicitly finds that an increased
26    penalty or that period of imprisonment would be manifestly

 

 

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1    unjust.
2        (4) In addition to any other penalties imposed for a
3    violation of an order of protection, a criminal court may
4    consider evidence of any violations of an order of
5    protection:
6            (i) to increase, revoke or modify the bail bond on
7        an underlying criminal charge pursuant to Section
8        110-6 of the Code of Criminal Procedure of 1963;
9            (ii) to revoke or modify an order of probation,
10        conditional discharge or supervision, pursuant to
11        Section 5-6-4 of the Unified Code of Corrections;
12            (iii) to revoke or modify a sentence of periodic
13        imprisonment, pursuant to Section 5-7-2 of the Unified
14        Code of Corrections.
15        (5) In addition to any other penalties, the court
16    shall impose an additional fine of $20 as authorized by
17    Section 5-9-1.11 of the Unified Code of Corrections upon
18    any person convicted of or placed on supervision for a
19    violation of an order of protection. The additional fine
20    shall be imposed for each violation of this Section.
21(Source: P.A. 99-90, eff. 1-1-16.)
 
22    (Text of Section after amendment by P.A. 101-652)
23    Sec. 223. Enforcement of orders of protection.
24    (a) When violation is crime. A violation of any order of
25protection, whether issued in a civil or criminal proceeding,

 

 

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1shall be enforced by a criminal court when:
2        (1) The respondent commits the crime of violation of
3    an order of protection pursuant to Section 12-3.4 or 12-30
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    by having knowingly violated:
6            (i) remedies described in paragraphs (1), (2),
7        (3), (14), or (14.5), or (14.6) of subsection (b) of
8        Section 214 of this Act; or
9            (ii) a remedy, which is substantially similar to
10        the remedies authorized under paragraphs (1), (2),
11        (3), (14), and (14.5), and (14.6) of subsection (b) of
12        Section 214 of this Act, in a valid order of protection
13        which is authorized under the laws of another state,
14        tribe, or United States territory; or
15            (iii) any other remedy when the act constitutes a
16        crime against the protected parties as defined by the
17        Criminal Code of 1961 or the Criminal Code of 2012.
18        Prosecution for a violation of an order of protection
19    shall not bar concurrent prosecution for any other crime,
20    including any crime that may have been committed at the
21    time of the violation of the order of protection; or
22        (2) The respondent commits the crime of child
23    abduction pursuant to Section 10-5 of the Criminal Code of
24    1961 or the Criminal Code of 2012, by having knowingly
25    violated:
26            (i) remedies described in paragraphs (5), (6) or

 

 

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1        (8) of subsection (b) of Section 214 of this Act; or
2            (ii) a remedy, which is substantially similar to
3        the remedies authorized under paragraphs (5), (6), or
4        (8) of subsection (b) of Section 214 of this Act, in a
5        valid order of protection which is authorized under
6        the laws of another state, tribe, or United States
7        territory.
8    (b) When violation is contempt of court. A violation of
9any valid Illinois order of protection, whether issued in a
10civil or criminal proceeding, may be enforced through civil or
11criminal contempt procedures, as appropriate, by any court
12with jurisdiction, regardless where the act or acts which
13violated the order of protection were committed, to the extent
14consistent with the venue provisions of this Act. Nothing in
15this Act shall preclude any Illinois court from enforcing any
16valid order of protection issued in another state. Illinois
17courts may enforce orders of protection through both criminal
18prosecution and contempt proceedings, unless the action which
19is second in time is barred by collateral estoppel or the
20constitutional prohibition against double jeopardy.
21        (1) In a contempt proceeding where the petition for a
22    rule to show cause sets forth facts evidencing an
23    immediate danger that the respondent will flee the
24    jurisdiction, conceal a child, or inflict physical abuse
25    on the petitioner or minor children or on dependent adults
26    in petitioner's care, the court may order the attachment

 

 

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1    of the respondent without prior service of the rule to
2    show cause or the petition for a rule to show cause.
3    Conditions of release shall be set unless specifically
4    denied in writing.
5        (2) A petition for a rule to show cause for violation
6    of an order of protection shall be treated as an expedited
7    proceeding.
8    (b-1) The court shall not hold a school district or
9private or non-public school or any of its employees in civil
10or criminal contempt unless the school district or private or
11non-public school has been allowed to intervene.
12    (b-2) The court may hold the parents, guardian, or legal
13custodian of a minor respondent in civil or criminal contempt
14for a violation of any provision of any order entered under
15this Act for conduct of the minor respondent in violation of
16this Act if the parents, guardian, or legal custodian
17directed, encouraged, or assisted the respondent minor in such
18conduct.
19    (c) Violation of custody or support orders or temporary or
20final judgments allocating parental responsibilities. A
21violation of remedies described in paragraphs (5), (6), (8),
22or (9) of subsection (b) of Section 214 of this Act may be
23enforced by any remedy provided by Section 607.5 of the
24Illinois Marriage and Dissolution of Marriage Act. The court
25may enforce any order for support issued under paragraph (12)
26of subsection (b) of Section 214 in the manner provided for

 

 

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1under Parts V and VII of the Illinois Marriage and Dissolution
2of Marriage Act.
3    (d) Actual knowledge. An order of protection may be
4enforced pursuant to this Section if the respondent violates
5the order after the respondent has actual knowledge of its
6contents as shown through one of the following means:
7        (1) By service, delivery, or notice under Section 210.
8        (2) By notice under Section 210.1 or 211.
9        (3) By service of an order of protection under Section
10    222.
11        (4) By other means demonstrating actual knowledge of
12    the contents of the order.
13    (e) The enforcement of an order of protection in civil or
14criminal court shall not be affected by either of the
15following:
16        (1) The existence of a separate, correlative order,
17    entered under Section 215.
18        (2) Any finding or order entered in a conjoined
19    criminal proceeding.
20    (f) Circumstances. The court, when determining whether or
21not a violation of an order of protection has occurred, shall
22not require physical manifestations of abuse on the person of
23the victim.
24    (g) Penalties.
25        (1) Except as provided in paragraph (3) of this
26    subsection, where the court finds the commission of a

 

 

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1    crime or contempt of court under subsections (a) or (b) of
2    this Section, the penalty shall be the penalty that
3    generally applies in such criminal or contempt
4    proceedings, and may include one or more of the following:
5    incarceration, payment of restitution, a fine, payment of
6    attorneys' fees and costs, or community service.
7        (2) The court shall hear and take into account
8    evidence of any factors in aggravation or mitigation
9    before deciding an appropriate penalty under paragraph (1)
10    of this subsection.
11        (3) To the extent permitted by law, the court is
12    encouraged to:
13            (i) increase the penalty for the knowing violation
14        of any order of protection over any penalty previously
15        imposed by any court for respondent's violation of any
16        order of protection or penal statute involving
17        petitioner as victim and respondent as defendant;
18            (ii) impose a minimum penalty of 24 hours
19        imprisonment for respondent's first violation of any
20        order of protection; and
21            (iii) impose a minimum penalty of 48 hours
22        imprisonment for respondent's second or subsequent
23        violation of an order of protection
24    unless the court explicitly finds that an increased
25    penalty or that period of imprisonment would be manifestly
26    unjust.

 

 

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1        (4) In addition to any other penalties imposed for a
2    violation of an order of protection, a criminal court may
3    consider evidence of any violations of an order of
4    protection:
5            (i) to increase, revoke or modify the conditions
6        of pretrial release on an underlying criminal charge
7        pursuant to Section 110-6 of the Code of Criminal
8        Procedure of 1963;
9            (ii) to revoke or modify an order of probation,
10        conditional discharge or supervision, pursuant to
11        Section 5-6-4 of the Unified Code of Corrections;
12            (iii) to revoke or modify a sentence of periodic
13        imprisonment, pursuant to Section 5-7-2 of the Unified
14        Code of Corrections.
15        (5) In addition to any other penalties, the court
16    shall impose an additional fine of $20 as authorized by
17    Section 5-9-1.11 of the Unified Code of Corrections upon
18    any person convicted of or placed on supervision for a
19    violation of an order of protection. The additional fine
20    shall be imposed for each violation of this Section.
21(Source: P.A. 101-652, eff. 1-1-23.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.".