Sen. Cristina H. Pacione-Zayas

Filed: 3/3/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 44

2    AMENDMENT NO. ______. Amend Senate Bill 44 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 214 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

 

 

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1be denied an order of protection because petitioner or
2respondent is a minor. The court, when determining whether or
3not to issue an order of protection, shall not require
4physical manifestations of abuse on the person of the victim.
5Modification and extension of prior orders of protection shall
6be in accordance with this Act.
7    (b) Remedies and standards. The remedies to be included in
8an order of protection shall be determined in accordance with
9this Section and one of the following Sections, as
10appropriate: Section 217 on emergency orders, Section 218 on
11interim orders, and Section 219 on plenary orders. The
12remedies listed in this subsection shall be in addition to
13other civil or criminal remedies available to petitioner.
14        (1) Prohibition of abuse, neglect, or exploitation.
15    Prohibit respondent's harassment, interference with
16    personal liberty, intimidation of a dependent, physical
17    abuse, or willful deprivation, neglect or exploitation, as
18    defined in this Act, or stalking of the petitioner, as
19    defined in Section 12-7.3 of the Criminal Code of 2012, if
20    such abuse, neglect, exploitation, or stalking has
21    occurred or otherwise appears likely to occur if not
22    prohibited.
23        (2) Grant of exclusive possession of residence.
24    Prohibit respondent from entering or remaining in any
25    residence, household, or premises of the petitioner,
26    including one owned or leased by respondent, if petitioner

 

 

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1    has a right to occupancy thereof. The grant of exclusive
2    possession of the residence, household, or premises shall
3    not affect title to real property, nor shall the court be
4    limited by the standard set forth in subsection (c-2) of
5    Section 501 of the Illinois Marriage and Dissolution of
6    Marriage Act.
7            (A) Right to occupancy. A party has a right to
8        occupancy of a residence or household if it is solely
9        or jointly owned or leased by that party, that party's
10        spouse, a person with a legal duty to support that
11        party or a minor child in that party's care, or by any
12        person or entity other than the opposing party that
13        authorizes that party's occupancy (e.g., a domestic
14        violence shelter). Standards set forth in subparagraph
15        (B) shall not preclude equitable relief.
16            (B) Presumption of hardships. If petitioner and
17        respondent each has the right to occupancy of a
18        residence or household, the court shall balance (i)
19        the hardships to respondent and any minor child or
20        dependent adult in respondent's care resulting from
21        entry of this remedy with (ii) the hardships to
22        petitioner and any minor child or dependent adult in
23        petitioner's care resulting from continued exposure to
24        the risk of abuse (should petitioner remain at the
25        residence or household) or from loss of possession of
26        the residence or household (should petitioner leave to

 

 

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1        avoid the risk of abuse). When determining the balance
2        of hardships, the court shall also take into account
3        the accessibility of the residence or household.
4        Hardships need not be balanced if respondent does not
5        have a right to occupancy.
6            The balance of hardships is presumed to favor
7        possession by petitioner unless the presumption is
8        rebutted by a preponderance of the evidence, showing
9        that the hardships to respondent substantially
10        outweigh the hardships to petitioner and any minor
11        child or dependent adult in petitioner's care. The
12        court, on the request of petitioner or on its own
13        motion, may order respondent to provide suitable,
14        accessible, alternate housing for petitioner instead
15        of excluding respondent from a mutual residence or
16        household.
17        (3) Stay away order and additional prohibitions. Order
18    respondent to stay away from petitioner or any other
19    person protected by the order of protection, or prohibit
20    respondent from entering or remaining present at
21    petitioner's school, place of employment, or other
22    specified places at times when petitioner is present, or
23    both, if reasonable, given the balance of hardships.
24    Hardships need not be balanced for the court to enter a
25    stay away order or prohibit entry if respondent has no
26    right to enter the premises.

 

 

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1            (A) If an order of protection grants petitioner
2        exclusive possession of the residence, or prohibits
3        respondent from entering the residence, or orders
4        respondent to stay away from petitioner or other
5        protected persons, then the court may allow respondent
6        access to the residence to remove items of clothing
7        and personal adornment used exclusively by respondent,
8        medications, and other items as the court directs. The
9        right to access shall be exercised on only one
10        occasion as the court directs and in the presence of an
11        agreed-upon adult third party or law enforcement
12        officer.
13            (B) When the petitioner and the respondent attend
14        the same public, private, or non-public elementary,
15        middle, or high school, the court when issuing an
16        order of protection and providing relief shall
17        consider the severity of the act, any continuing
18        physical danger or emotional distress to the
19        petitioner, the educational rights guaranteed to the
20        petitioner and respondent under federal and State law,
21        the availability of a transfer of the respondent to
22        another school, a change of placement or a change of
23        program of the respondent, the expense, difficulty,
24        and educational disruption that would be caused by a
25        transfer of the respondent to another school, and any
26        other relevant facts of the case. The court may order

 

 

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

 

 

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1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. In the
6        event the court order results in a transfer of the
7        minor respondent to another attendance center, a
8        change in the respondent's placement, or a change of
9        the respondent's program, the parents, guardian, or
10        legal custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. In
17        the event the court orders a transfer of the
18        respondent to another school, the parents, guardian,
19        or legal custodian of the respondent is responsible
20        for transportation and other costs associated with the
21        change of school by the respondent.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist,
25    psychiatrist, family service agency, alcohol or substance
26    abuse program, mental health center guidance counselor,

 

 

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1    agency providing services to elders, program designed for
2    domestic violence abusers or any other guidance service
3    the court deems appropriate. The Court may order the
4    respondent in any intimate partner relationship to report
5    to an Illinois Department of Human Services protocol
6    approved partner abuse intervention program for an
7    assessment and to follow all recommended treatment.
8        (5) Physical care and possession of the minor child.
9    In order to protect the minor child from abuse, neglect,
10    or unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding physical care to respondent would not be in the
22    minor child's best interest.
23        (6) Temporary allocation of parental responsibilities:
24    significant decision-making. Award temporary
25    decision-making responsibility to petitioner in accordance
26    with this Section, the Illinois Marriage and Dissolution

 

 

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1    of Marriage Act, the Illinois Parentage Act of 2015, and
2    this State's Uniform Child-Custody Jurisdiction and
3    Enforcement Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 103) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary significant decision-making
8    responsibility to respondent would not be in the child's
9    best interest.
10        (7) Parenting time. Determine the parenting time, if
11    any, of respondent in any case in which the court awards
12    physical care or allocates temporary significant
13    decision-making responsibility of a minor child to
14    petitioner. The court shall restrict or deny respondent's
15    parenting time with a minor child if the court finds that
16    respondent has done or is likely to do any of the
17    following: (i) abuse or endanger the minor child during
18    parenting time; (ii) use the parenting time as an
19    opportunity to abuse or harass petitioner or petitioner's
20    family or household members; (iii) improperly conceal or
21    detain the minor child; or (iv) otherwise act in a manner
22    that is not in the best interests of the minor child. The
23    court shall not be limited by the standards set forth in
24    Section 603.10 of the Illinois Marriage and Dissolution of
25    Marriage Act. If the court grants parenting time, the
26    order shall specify dates and times for the parenting time

 

 

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1    to take place or other specific parameters or conditions
2    that are appropriate. No order for parenting time shall
3    refer merely to the term "reasonable parenting time".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for parenting time,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving
9    in a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for parenting time, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for parenting time. A person may
16    be approved to supervise parenting time only after filing
17    an affidavit accepting that responsibility and
18    acknowledging accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return
25    the child to the custody or care of the petitioner or to
26    permit any court-ordered interview or examination of the

 

 

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

 

 

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1        property; or
2            (ii) the parties own the property jointly, and the
3        balance of hardships favors granting this remedy.
4        If petitioner's sole claim to ownership of the
5    property is that it is marital property, the court may
6    grant petitioner relief under subparagraph (ii) of this
7    paragraph only if a proper proceeding has been filed under
8    the Illinois Marriage and Dissolution of Marriage Act, as
9    now or hereafter amended.
10        The court may further prohibit respondent from
11    improperly using the financial or other resources of an
12    aged member of the family or household for the profit or
13    advantage of respondent or of any other person.
14        (11.5) Protection of animals. Grant the petitioner the
15    exclusive care, custody, or control of any animal owned,
16    possessed, leased, kept, or held by either the petitioner
17    or the respondent or a minor child residing in the
18    residence or household of either the petitioner or the
19    respondent and order the respondent to stay away from the
20    animal and forbid the respondent from taking,
21    transferring, encumbering, concealing, harming, or
22    otherwise disposing of the animal.
23        (12) Order for payment of support. Order respondent to
24    pay temporary support for the petitioner or any child in
25    the petitioner's care or over whom the petitioner has been
26    allocated parental responsibility, when the respondent has

 

 

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1    a legal obligation to support that person, in accordance
2    with the Illinois Marriage and Dissolution of Marriage
3    Act, which shall govern, among other matters, the amount
4    of support, payment through the clerk and withholding of
5    income to secure payment. An order for child support may
6    be granted to a petitioner with lawful physical care of a
7    child, or an order or agreement for physical care of a
8    child, prior to entry of an order allocating significant
9    decision-making responsibility. Such a support order shall
10    expire upon entry of a valid order allocating parental
11    responsibility differently and vacating the petitioner's
12    significant decision-making authority, unless otherwise
13    provided in the order.
14        (13) Order for payment of losses. Order respondent to
15    pay petitioner for losses suffered as a direct result of
16    the abuse, neglect, or exploitation. Such losses shall
17    include, but not be limited to, medical expenses, lost
18    earnings or other support, repair or replacement of
19    property damaged or taken, reasonable attorney's fees,
20    court costs and moving or other travel expenses, including
21    additional reasonable expenses for temporary shelter and
22    restaurant meals.
23            (i) Losses affecting family needs. If a party is
24        entitled to seek maintenance, child support or
25        property distribution from the other party under the
26        Illinois Marriage and Dissolution of Marriage Act, as

 

 

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1        now or hereafter amended, the court may order
2        respondent to reimburse petitioner's actual losses, to
3        the extent that such reimbursement would be
4        "appropriate temporary relief", as authorized by
5        subsection (a)(3) of Section 501 of that Act.
6            (ii) Recovery of expenses. In the case of an
7        improper concealment or removal of a minor child, the
8        court may order respondent to pay the reasonable
9        expenses incurred or to be incurred in the search for
10        and recovery of the minor child, including but not
11        limited to legal fees, court costs, private
12        investigator fees, and travel costs.
13        (14) Prohibition of entry. Prohibit the respondent
14    from entering or remaining in the residence or household
15    while the respondent is under the influence of alcohol or
16    drugs and constitutes a threat to the safety and
17    well-being of the petitioner or the petitioner's children.
18        (14.5) Prohibition of firearm possession.
19            (a) Prohibit a respondent against whom an order of
20        protection was issued from possessing any firearms
21        during the duration of the order if the order:
22                (1) (blank); was issued after a hearing of
23            which such person received actual notice, and at
24            which such person had an opportunity to
25            participate;
26                (2) restrains such person from abusing the

 

 

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1            petitioner as defined in this Act harassing,
2            stalking, or threatening an intimate partner of
3            such person or child of such intimate partner or
4            person, or engaging in other conduct that would
5            place an intimate partner in reasonable fear of
6            bodily injury to the partner or child; and
7                (3)(i) includes a finding that such person
8            represents a credible threat to the physical
9            safety of the petitioner such intimate partner or
10            child; or (ii) by its terms explicitly prohibits
11            the use, attempted use, or threatened use of
12            physical force against the petitioner such
13            intimate partner or child that would reasonably be
14            expected to cause bodily injury.
15            (a-1) Except as provided in subparagraph (b), a
16        Any Firearm Owner's Identification Card in the
17        possession of the respondent, except as provided in
18        subsection (b), shall be ordered by the court to be
19        turned over to the local law enforcement agency and
20        respondent shall be prohibited from acquiring or
21        possessing any firearms for the duration of the order
22        of protection. The local law enforcement agency shall
23        immediately mail the card to the Illinois State Police
24        Firearm Owner's Identification Card Office for
25        safekeeping.
26            (a-2) Immediately upon entry of an order of

 

 

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1        protection prohibiting firearm possession under this
2        Section, the The court shall issue a warrant for
3        seizure of any firearm in the possession of the
4        respondent, to be kept by the local law enforcement
5        agency for safekeeping, except as provided in
6        subsection (b). Petitioner's general description of
7        the firearm or firearms and their location shall be
8        sufficient to support issuing a warrant. The period of
9        safekeeping shall be for the duration of the order of
10        protection.
11            (a-3) Notwithstanding the issuance of a warrant
12        under subparagraph (a-2), the respondent shall be
13        ordered to immediately surrender any firearms to the
14        appropriate law enforcement agency and prohibited from
15        transferring firearms to another individual in lieu of
16        surrender to law enforcement.
17            (a-4) The relevant law enforcement agency shall
18        provide a statement of receipt of any firearm seized
19        or surrendered with a description of any firearm
20        seized or surrendered to the respondent and the court.
21        This statement of receipt shall be prima facie
22        evidence of compliance with an order to surrender
23        firearms.
24            (a-5) The firearm or firearms and Firearm Owner's
25        Identification Card, if unexpired, shall at the
26        respondent's request, be returned to the respondent at

 

 

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1        the end of the order of protection. It is the
2        respondent's responsibility to notify the Illinois
3        State Police Firearm Owner's Identification Card
4        Office.
5            (b) If the respondent is a peace officer as
6        defined in Section 2-13 of the Criminal Code of 2012,
7        the court shall order that any firearms used by the
8        respondent in the performance of his or her duties as a
9        peace officer be surrendered to the chief law
10        enforcement executive of the agency in which the
11        respondent is employed, who shall retain the firearms
12        for safekeeping for the duration of the order of
13        protection.
14            (c) Upon expiration of the period of safekeeping,
15        if the firearms or Firearm Owner's Identification Card
16        cannot be returned to respondent because respondent
17        cannot be located, fails to respond to requests to
18        retrieve the firearms, or is not lawfully eligible to
19        possess a firearm, upon petition from the local law
20        enforcement agency, the court may order the local law
21        enforcement agency to destroy the firearms, use the
22        firearms for training purposes, or for any other
23        application as deemed appropriate by the local law
24        enforcement agency; or that the firearms be turned
25        over to a third party who is lawfully eligible to
26        possess firearms, and who does not reside with

 

 

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1        respondent.
2        (14.6) Prohibition of firearm possession; emergency
3    orders. Prohibit a respondent against whom an order of
4    protection was issued from possessing any firearms during
5    the duration of the order as set forth in paragraph (14.5)
6    if the prerequisites in subsection (a) Section 217 are
7    satisfied.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 203, or if necessary to
12    prevent abuse or wrongful removal or concealment of a
13    minor child, the order shall deny respondent access to,
14    and prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse
25    of a family or household member or further abuse, neglect,
26    or exploitation of a high-risk adult with disabilities or

 

 

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

 

 

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

 

 

10300SB0044sam001- 21 -LRB103 04765 RLC 58269 a

1            telephone number if the transfer occurs.
2            (C) The petitioner assumes all financial
3        responsibility for and right to the use of any
4        telephone number transferred under this paragraph. In
5        this paragraph, "financial responsibility" includes
6        monthly service costs and costs associated with any
7        mobile device associated with the number.
8            (D) A wireless telephone service provider may
9        apply to the petitioner its routine and customary
10        requirements for establishing an account or
11        transferring a number, including requiring the
12        petitioner to provide proof of identification,
13        financial information, and customer preferences.
14            (E) Except for willful or wanton misconduct, a
15        wireless telephone service provider is immune from
16        civil liability for its actions taken in compliance
17        with a court order issued under this paragraph.
18            (F) All wireless service providers that provide
19        services to residential customers shall provide to the
20        Illinois Commerce Commission the name and address of
21        an agent for service of orders entered under this
22        paragraph (18). Any change in status of the registered
23        agent must be reported to the Illinois Commerce
24        Commission within 30 days of such change.
25            (G) The Illinois Commerce Commission shall
26        maintain the list of registered agents for service for

 

 

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

 

 

10300SB0044sam001- 23 -LRB103 04765 RLC 58269 a

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

 

 

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1    paragraphs (c)(3)(i) through (c)(3)(iii) of this
2    subsection, may use the following procedure:
3        When a verified petition for an emergency order of
4    protection in accordance with the requirements of Sections
5    203 and 217 is presented to the court, the court shall
6    examine petitioner on oath or affirmation. An emergency
7    order of protection shall be issued by the court if it
8    appears from the contents of the petition and the
9    examination of petitioner that the averments are
10    sufficient to indicate abuse by respondent and to support
11    the granting of relief under the issuance of the emergency
12    order of protection.
13        (5) Never married parties. No rights or
14    responsibilities for a minor child born outside of
15    marriage attach to a putative father until a father and
16    child relationship has been established under the Illinois
17    Parentage Act of 1984, the Illinois Parentage Act of 2015,
18    the Illinois Public Aid Code, Section 12 of the Vital
19    Records Act, the Juvenile Court Act of 1987, the Probate
20    Act of 1975, the Revised Uniform Reciprocal Enforcement of
21    Support Act, the Uniform Interstate Family Support Act,
22    the Expedited Child Support Act of 1990, any judicial,
23    administrative, or other act of another state or
24    territory, any other Illinois statute, or by any foreign
25    nation establishing the father and child relationship, any
26    other proceeding substantially in conformity with the

 

 

10300SB0044sam001- 25 -LRB103 04765 RLC 58269 a

1    Personal Responsibility and Work Opportunity
2    Reconciliation Act of 1996 (Pub. L. 104-193), or where
3    both parties appeared in open court or at an
4    administrative hearing acknowledging under oath or
5    admitting by affirmation the existence of a father and
6    child relationship. Absent such an adjudication, finding,
7    or acknowledgment, no putative father shall be granted
8    temporary allocation of parental responsibilities,
9    including parenting time with the minor child, or physical
10    care and possession of the minor child, nor shall an order
11    of payment for support of the minor child be entered.
12    (d) Balance of hardships; findings. If the court finds
13that the balance of hardships does not support the granting of
14a remedy governed by paragraph (2), (3), (10), (11), or (16) of
15subsection (b) of this Section, which may require such
16balancing, the court's findings shall so indicate and shall
17include a finding as to whether granting the remedy will
18result in hardship to respondent that would substantially
19outweigh the hardship to petitioner from denial of the remedy.
20The findings shall be an official record or in writing.
21    (e) Denial of remedies. Denial of any remedy shall not be
22based, in whole or in part, on evidence that:
23        (1) Respondent has cause for any use of force, unless
24    that cause satisfies the standards for justifiable use of
25    force provided by Article 7 of the Criminal Code of 2012;
26        (2) Respondent was voluntarily intoxicated;

 

 

10300SB0044sam001- 26 -LRB103 04765 RLC 58269 a

1        (3) Petitioner acted in self-defense or defense of
2    another, provided that, if petitioner utilized force, such
3    force was justifiable under Article 7 of the Criminal Code
4    of 2012;
5        (4) Petitioner did not act in self-defense or defense
6    of another;
7        (5) Petitioner left the residence or household to
8    avoid further abuse, neglect, or exploitation by
9    respondent;
10        (6) Petitioner did not leave the residence or
11    household to avoid further abuse, neglect, or exploitation
12    by respondent;
13        (7) Conduct by any family or household member excused
14    the abuse, neglect, or exploitation by respondent, unless
15    that same conduct would have excused such abuse, neglect,
16    or exploitation if the parties had not been family or
17    household members.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 10. The Firearm Owners Identification Card Act is
20amended by changing Section 9.5 as follows:
 
21    (430 ILCS 65/9.5)
22    Sec. 9.5. Revocation of Firearm Owner's Identification
23Card.
24    (a) A person who receives a revocation notice under

 

 

10300SB0044sam001- 27 -LRB103 04765 RLC 58269 a

1Section 9 of this Act shall, within 48 hours of receiving
2notice of the revocation:
3        (1) surrender his or her Firearm Owner's
4    Identification Card to the local law enforcement agency
5    where the person resides or to the Illinois State Police;
6    and
7        (2) complete a Firearm Disposition Record on a form
8    prescribed by the Illinois State Police and place his or
9    her firearms in the location or with the person reported
10    in the Firearm Disposition Record. The form shall require
11    the person to disclose:
12            (A) the make, model, and serial number of each
13        firearm owned by or under the custody and control of
14        the revoked person;
15            (B) the location where each firearm will be
16        maintained during the prohibited term;
17            (C) if any firearm will be transferred to the
18        custody of another person, the name, address and
19        Firearm Owner's Identification Card number of the
20        transferee; and
21            (D) to whom his or her Firearm Owner's
22        Identification Card was surrendered.
23        Once completed, the person shall retain a copy and
24    provide a copy of the Firearm Disposition Record to the
25    Illinois State Police.
26    (b) Upon confirming through the portal created under

 

 

10300SB0044sam001- 28 -LRB103 04765 RLC 58269 a

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

 

 

10300SB0044sam001- 29 -LRB103 04765 RLC 58269 a

1Identification Card has been revoked.
2    (d) A violation of subsection (a) of this Section is a
3Class A misdemeanor.
4    (e) The observation of a Firearm Owner's Identification
5Card in the possession of a person whose Firearm Owner's
6Identification Card has been revoked constitutes a sufficient
7basis for the arrest of that person for violation of this
8Section.
9    (f) Within 30 days after July 9, 2013 (the effective date
10of Public Act 98-63), the Illinois State Police shall provide
11written notice of the requirements of this Section to persons
12whose Firearm Owner's Identification Cards have been revoked,
13suspended, or expired and who have failed to surrender their
14cards to the Illinois State Police.
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    Nothing in this Section shall supersede a court's
20authority to order remedies under paragraphs (14.5) and (14.6)
21of subsection (b) of Section 214 of the Illinois Domestic
22Violence Act of 1986, including, but not limited to, an order
23for surrender of a Firearm Owner's Identification Card,
24surrender of firearms, and issuance of a warrant for seizure
25of firearms.
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

 

 

10300SB0044sam001- 30 -LRB103 04765 RLC 58269 a

1102-813, eff. 5-13-22; revised 8-24-22.)
 
2    Section 15. The Firearms Restraining Order Act is amended
3by changing Section 5 as follows:
 
4    (430 ILCS 67/5)
5    Sec. 5. Definitions. As used in this Act:
6    "Family member of the respondent" means a spouse, former
7spouse, person with whom the respondent has a minor child in
8common, parent, child, or step-child of the respondent, any
9other person related by blood or present marriage to the
10respondent, or a person who shares a common dwelling with the
11respondent.
12    "Firearms restraining order" means an order issued by the
13court, prohibiting and enjoining a named person from having in
14his or her custody or control, purchasing, possessing, or
15receiving any firearms or ammunition, or removing firearm
16parts that could be assembled to make an operable firearm.
17    "Intimate partner" means a spouse, former spouse, a person
18with whom the respondent has or allegedly has a child in
19common, or a person with whom the respondent has or has had a
20dating or engagement relationship.
21    "Petitioner" means:
22        (1) a family member of the respondent as defined in
23    this Act; or
24        (2) a law enforcement officer who files a petition

 

 

10300SB0044sam001- 31 -LRB103 04765 RLC 58269 a

1    alleging that the respondent poses a danger of causing
2    personal injury to himself, herself, or another by having
3    in his or her custody or control, purchasing, possessing,
4    or receiving a firearm, ammunition, or firearm parts that
5    could be assembled to make an operable firearm or removing
6    firearm parts that could be assembled to make an operable
7    firearm; or .
8        (3) intimate partner as defined in this Act.
9    "Respondent" means the person alleged in the petition to
10pose a danger of causing personal injury to himself, herself,
11or another by having in his or her custody or control,
12purchasing, possessing, or receiving a firearm, ammunition, or
13firearm parts that could be assembled to make an operable
14firearm or removing firearm parts that could be assembled to
15make an operable firearm.
16(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)".