Sen. Celina Villanueva

Filed: 3/4/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2633

2    AMENDMENT NO. ______. Amend Senate Bill 2633 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearms Restraining Order Act is amended
5by changing Section 5 as follows:
 
6    (430 ILCS 67/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Family member of the respondent" means a spouse, former
9spouse, person with whom the respondent has a minor child in
10common, parent, child, or step-child of the respondent, any
11other person related by blood or present marriage to the
12respondent, or a person who shares a common dwelling with the
13respondent.
14    "Firearms restraining order" means an order issued by the
15court, prohibiting and enjoining a named person from having in
16his or her custody or control, purchasing, possessing, or

 

 

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1receiving any firearms or ammunition, or removing firearm
2parts that could be assembled to make an operable firearm.
3    "Intimate partner" means a spouse, former spouse, a person
4with whom the respondent has or allegedly has a child in
5common, or a person with whom the respondent has or has had a
6dating or engagement relationship.
7    "Petitioner" means:
8        (1) a family member of the respondent as defined in
9    this Act; or
10        (2) a law enforcement officer who files a petition
11    alleging that the respondent poses a danger of causing
12    personal injury to himself, herself, or another by having
13    in his or her custody or control, purchasing, possessing,
14    or receiving a firearm, ammunition, or firearm parts that
15    could be assembled to make an operable firearm or removing
16    firearm parts that could be assembled to make an operable
17    firearm; or .
18        (3) an intimate partner.
19    "Respondent" means the person alleged in the petition to
20pose a danger of causing personal injury to himself, herself,
21or another by having in his or her custody or control,
22purchasing, possessing, or receiving a firearm, ammunition, or
23firearm parts that could be assembled to make an operable
24firearm or removing firearm parts that could be assembled to
25make an operable firearm.
26(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 

 

 

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1    Section 10. The Code of Criminal Procedure of 1963 is
2amended by changing Section 112A-14 as follows:
 
3    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
4    Sec. 112A-14. Domestic violence order of protection;
5remedies.
6    (a) (Blank).
7    (b) The court may order any of the remedies listed in this
8subsection (b). The remedies listed in this subsection (b)
9shall be in addition to other civil or criminal remedies
10available to petitioner.
11        (1) Prohibition of abuse. Prohibit respondent's
12    harassment, interference with personal liberty,
13    intimidation of a dependent, physical abuse, or willful
14    deprivation, as defined in this Article, if such abuse has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in subsection (c-2) of

 

 

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1    Section 501 of the Illinois Marriage and Dissolution of
2    Marriage Act.
3            (A) Right to occupancy. A party has a right to
4        occupancy of a residence or household if it is solely
5        or jointly owned or leased by that party, that party's
6        spouse, a person with a legal duty to support that
7        party or a minor child in that party's care, or by any
8        person or entity other than the opposing party that
9        authorizes that party's occupancy (e.g., a domestic
10        violence shelter). Standards set forth in subparagraph
11        (B) shall not preclude equitable relief.
12            (B) Presumption of hardships. If petitioner and
13        respondent each has the right to occupancy of a
14        residence or household, the court shall balance (i)
15        the hardships to respondent and any minor child or
16        dependent adult in respondent's care resulting from
17        entry of this remedy with (ii) the hardships to
18        petitioner and any minor child or dependent adult in
19        petitioner's care resulting from continued exposure to
20        the risk of abuse (should petitioner remain at the
21        residence or household) or from loss of possession of
22        the residence or household (should petitioner leave to
23        avoid the risk of abuse). When determining the balance
24        of hardships, the court shall also take into account
25        the accessibility of the residence or household.
26        Hardships need not be balanced if respondent does not

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    to an Illinois Department of Human Services protocol
2    approved partner abuse intervention program for an
3    assessment and to follow all recommended treatment.
4        (5) Physical care and possession of the minor child.
5    In order to protect the minor child from abuse, neglect,
6    or unwarranted separation from the person who has been the
7    minor child's primary caretaker, or to otherwise protect
8    the well-being of the minor child, the court may do either
9    or both of the following: (i) grant petitioner physical
10    care or possession of the minor child, or both, or (ii)
11    order respondent to return a minor child to, or not remove
12    a minor child from, the physical care of a parent or person
13    in loco parentis.
14        If the respondent is charged with abuse (as defined in
15    Section 112A-3 of this Code) of a minor child, there shall
16    be a rebuttable presumption that awarding physical care to
17    respondent would not be in the minor child's best
18    interest.
19        (6) Temporary allocation of parental responsibilities
20    and significant decision-making responsibilities. Award
21    temporary significant decision-making responsibility to
22    petitioner in accordance with this Section, the Illinois
23    Marriage and Dissolution of Marriage Act, the Illinois
24    Parentage Act of 2015, and this State's Uniform
25    Child-Custody Jurisdiction and Enforcement Act.
26        If the respondent is charged with abuse (as defined in

 

 

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1    Section 112A-3 of this Code) of a minor child, there shall
2    be a rebuttable presumption that awarding temporary
3    significant decision-making responsibility to respondent
4    would not be in the child's best interest.
5        (7) Parenting time. Determine the parenting time, if
6    any, of respondent in any case in which the court awards
7    physical care or temporary significant decision-making
8    responsibility of a minor child to petitioner. The court
9    shall restrict or deny respondent's parenting time with a
10    minor child if the court finds that respondent has done or
11    is likely to do any of the following:
12            (i) abuse or endanger the minor child during
13        parenting time;
14            (ii) use the parenting time as an opportunity to
15        abuse or harass petitioner or petitioner's family or
16        household members;
17            (iii) improperly conceal or detain the minor
18        child; or
19            (iv) otherwise act in a manner that is not in the
20        best interests of the minor child.
21        The court shall not be limited by the standards set
22    forth in Section 603.10 of the Illinois Marriage and
23    Dissolution of Marriage Act. If the court grants parenting
24    time, the order shall specify dates and times for the
25    parenting time to take place or other specific parameters
26    or conditions that are appropriate. No order for parenting

 

 

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1    time shall refer merely to the term "reasonable parenting
2    time". Petitioner may deny respondent access to the minor
3    child if, when respondent arrives for parenting time,
4    respondent is under the influence of drugs or alcohol and
5    constitutes a threat to the safety and well-being of
6    petitioner or petitioner's minor children or is behaving
7    in a violent or abusive manner. If necessary to protect
8    any member of petitioner's family or household from future
9    abuse, respondent shall be prohibited from coming to
10    petitioner's residence to meet the minor child for
11    parenting time, and the petitioner and respondent shall
12    submit to the court their recommendations for reasonable
13    alternative arrangements for parenting time. A person may
14    be approved to supervise parenting time only after filing
15    an affidavit accepting that responsibility and
16    acknowledging accountability to the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return
23    the child to the custody or care of the petitioner, or to
24    permit any court-ordered interview or examination of the
25    child or the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

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

 

 

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1            (ii) the petitioner and respondent own the
2        property jointly, and the balance of hardships favors
3        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 petitioner's
12    significant decision-making responsibility unless
13    otherwise 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. Such losses shall include, but not be limited
17    to, medical expenses, lost earnings or other support,
18    repair or replacement of property damaged or taken,
19    reasonable attorney's fees, court costs, and moving or
20    other travel expenses, including additional reasonable
21    expenses for temporary shelter and restaurant meals.
22            (i) Losses affecting family needs. If a party is
23        entitled to seek maintenance, child support, or
24        property distribution from the other party under the
25        Illinois Marriage and Dissolution of Marriage Act, as
26        now or hereafter amended, the court may order

 

 

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1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including, but not
10        limited to, legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and
16    well-being of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm, ammunition, and firearm
18    part possession.
19            (A) A person who is subject to an existing
20        domestic violence order of protection issued under
21        this Code may not lawfully possess weapons,
22        ammunition, or firearm parts that could be assembled
23        to make an operable firearm or a Firearm Owner's
24        Identification Card under Section 8.2 of the Firearm
25        Owners Identification Card Act and shall be
26        immediately ordered to surrender the person's Firearm

 

 

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1        Owner's Identification Card to the relevant law
2        enforcement agency.
3            (B) Any firearms in the possession of the
4        respondent, ammunition in the possession of the
5        respondent, or firearm parts in the possession of the
6        respondent that could be assembled to make an operable
7        firearm in the possession of the respondent, except as
8        provided in subparagraph (C) of this paragraph (14.5),
9        shall be ordered by the court to be surrendered to law
10        enforcement immediately. The respondent shall be
11        prohibited from transferring such firearms,
12        ammunition, and firearm parts that could be assembled
13        to make an operable firearm to another individual in
14        lieu of surrender to law enforcement turned over to a
15        person with a valid Firearm Owner's Identification
16        Card for safekeeping. The court shall issue an order
17        that the respondent comply with Section 9.5 of the
18        Firearm Owners Identification Card Act.
19            (B-1) Upon issuance of an ex parte, interim, or
20        final order of protection, the court shall immediately
21        issue a search warrant directing seizure of any
22        firearms, ammunition, or firearm parts that could be
23        assembled to make an operable firearm and the
24        respondent's Firearm Owner's Identification Card, if
25        any, if the court finds, based upon sworn testimony,
26        that:

 

 

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1                (1) probable cause exists that the respondent
2            possesses firearms, ammunition, or firearm parts
3            that could be assembled to make an operable
4            firearm; and
5                (2) probable cause exists to believe that (A)
6            the respondent poses a danger of causing personal
7            injury to the petitioner or a child by having in
8            the respondent's custody or control, or by
9            purchasing, possessing, or receiving a firearm,
10            ammunition, or firearm parts that could be
11            assembled to make an operable firearm and (B) that
12            the danger is immediate and present. If a court
13            finds that the respondent has committed abuse
14            against the petitioner or child, there shall be a
15            rebuttable presumption that the respondent poses a
16            danger of causing personal injury to the
17            petitioner or child; and
18                (3) probable cause exists that the firearms,
19            ammunition, or firearm parts that could be
20            assembled to make an operable firearm are located
21            at the residence, vehicle, or other property of
22            the respondent.
23            The court shall grant ex parte relief under this
24        subparagraph (B-1) and issue a warrant for search and
25        seizure of any firearms, ammunition, or firearm parts
26        that could be assembled to make an operable firearm if

 

 

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1        the court has found: (i) probable cause as required by
2        this subparagraph, (ii) that personal injury to the
3        petitioner or a child is likely to occur if the
4        respondent received prior notice, and (iii) the
5        petitioner has otherwise satisfied the requirements of
6        Section 112A-17.5.
7            (B-2) A search warrant issued under subparagraph
8        (B-1) of this subsection shall specify with
9        particularity the scope of the search, including the
10        property to be searched, and shall direct the relevant
11        law enforcement agency to seize the respondent's
12        firearms, ammunition, and any firearm parts that could
13        be assembled to make an operable firearm. Law
14        enforcement shall also be directed to take any Firearm
15        Owner's Identification Card belonging to the
16        respondent. The court may, as a part of that warrant,
17        direct the law enforcement agency to search the
18        respondent's residence and other places where the
19        court finds there is probable cause to believe the
20        respondent is likely to possess the firearms,
21        ammunition, or firearm parts that could be assembled
22        to make an operable firearm. Law enforcement shall
23        execute the warrant at the earliest time but no later
24        than 96 hours after issuance, and execution shall take
25        precedence over other warrants except those of a
26        similar emergency nature. A return of the warrant

 

 

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1        shall be filed by the law enforcement agency within 24
2        hours of execution, setting forth the time, date, and
3        location where the warrant was executed and what
4        items, if any, were seized. If the court is not in
5        session, the return information shall be returned on
6        the next date the court is in session. Service of any
7        order of protection shall, to the extent possible, be
8        concurrent with the execution of such warrant for
9        search and seizure.
10            (B-3) The relevant law enforcement agency shall
11        provide a statement of receipt of any firearm seized
12        or surrendered with a description of any firearm
13        seized or surrendered to the respondent and the court.
14        The law enforcement agency may enter arrangements, as
15        needed, with federally licensed firearm dealers for
16        the storage of any firearms seized or surrendered
17        under this Section.
18            (B-4) The finding of probable cause for a warrant
19        upon oral testimony may be based on the same kind of
20        evidence as is sufficient for a warrant upon
21        affidavit.
22            (C) If the respondent is a peace officer as
23        defined in Section 2-13 of the Criminal Code of 2012,
24        the court shall order that any firearms used by the
25        respondent in the performance of his or her duties as a
26        peace officer be surrendered to the chief law

 

 

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

 

 

10300SB2633sam001- 21 -LRB103 34623 RLC 65219 a

1    school or any other records of the minor child who is in
2    the care of 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 to effectuate one of the
11    granted remedies, if supported by the balance of
12    hardships. If the harm to be prevented by the injunction
13    is abuse or any other harm that one of the remedies listed
14    in paragraphs (1) through (16) of this subsection is
15    designed to prevent, no further evidence is necessary to
16    establish that the harm is an irreparable injury.
17        (18) Telephone services.
18            (A) Unless a condition described in subparagraph
19        (B) of this paragraph exists, the court may, upon
20        request by the petitioner, order a wireless telephone
21        service provider to transfer to the petitioner the
22        right to continue to use a telephone number or numbers
23        indicated by the petitioner and the financial
24        responsibility associated with the number or numbers,
25        as set forth in subparagraph (C) of this paragraph. In
26        this paragraph (18), the term "wireless telephone

 

 

10300SB2633sam001- 22 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 23 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 24 -LRB103 34623 RLC 65219 a

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

 

 

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

 

 

10300SB2633sam001- 26 -LRB103 34623 RLC 65219 a

1            (ii) Whether the conduct or actions of respondent,
2        unless prohibited, will likely cause irreparable harm
3        or continued abuse.
4            (iii) Whether it is necessary to grant the
5        requested relief in order to protect petitioner or
6        other alleged abused persons.
7        (4) (Blank).
8        (5) Never married parties. No rights or
9    responsibilities for a minor child born outside of
10    marriage attach to a putative father until a father and
11    child relationship has been established under the Illinois
12    Parentage Act of 1984, the Illinois Parentage Act of 2015,
13    the Illinois Public Aid Code, Section 12 of the Vital
14    Records Act, the Juvenile Court Act of 1987, the Probate
15    Act of 1975, the Uniform Interstate Family Support Act,
16    the Expedited Child Support Act of 1990, any judicial,
17    administrative, or other act of another state or
18    territory, any other statute of this State, or by any
19    foreign nation establishing the father and child
20    relationship, any other proceeding substantially in
21    conformity with the federal Personal Responsibility and
22    Work Opportunity Reconciliation Act of 1996, or when both
23    parties appeared in open court or at an administrative
24    hearing acknowledging under oath or admitting by
25    affirmation the existence of a father and child
26    relationship. Absent such an adjudication, no putative

 

 

10300SB2633sam001- 27 -LRB103 34623 RLC 65219 a

1    father shall be granted temporary allocation of parental
2    responsibilities, including parenting time with the minor
3    child, or physical care and possession of the minor child,
4    nor shall an order of payment for support of the minor
5    child be entered.
6    (d) Balance of hardships; findings. If the court finds
7that the balance of hardships does not support the granting of
8a remedy governed by paragraph (2), (3), (10), (11), or (16) of
9subsection (b) of this Section, which may require such
10balancing, the court's findings shall so indicate and shall
11include a finding as to whether granting the remedy will
12result in hardship to respondent that would substantially
13outweigh the hardship to petitioner from denial of the remedy.
14The findings shall be an official record or in writing.
15    (e) Denial of remedies. Denial of any remedy shall not be
16based, in whole or in part, on evidence that:
17        (1) respondent has cause for any use of force, unless
18    that cause satisfies the standards for justifiable use of
19    force provided by Article 7 of the Criminal Code of 2012;
20        (2) respondent was voluntarily intoxicated;
21        (3) petitioner acted in self-defense or defense of
22    another, provided that, if petitioner utilized force, such
23    force was justifiable under Article 7 of the Criminal Code
24    of 2012;
25        (4) petitioner did not act in self-defense or defense
26    of another;

 

 

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1        (5) petitioner left the residence or household to
2    avoid further abuse by respondent;
3        (6) petitioner did not leave the residence or
4    household to avoid further abuse by respondent; or
5        (7) conduct by any family or household member excused
6    the abuse by respondent, unless that same conduct would
7    have excused such abuse if the parties had not been family
8    or household members.
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
11    Section 15. The Illinois Domestic Violence Act of 1986 is
12amended by changing Section 214 as follows:
 
13    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
14    Sec. 214. Order of protection; remedies.
15    (a) Issuance of order. If the court finds that petitioner
16has been abused by a family or household member or that
17petitioner is a high-risk adult who has been abused,
18neglected, or exploited, as defined in this Act, an order of
19protection prohibiting the abuse, neglect, or exploitation
20shall issue; provided that petitioner must also satisfy the
21requirements of one of the following Sections, as appropriate:
22Section 217 on emergency orders, Section 218 on interim
23orders, or Section 219 on plenary orders. Petitioner shall not
24be denied an order of protection because petitioner or

 

 

10300SB2633sam001- 29 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 30 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 31 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 32 -LRB103 34623 RLC 65219 a

1        exclusive possession of the residence, or prohibits
2        respondent from entering the residence, or orders
3        respondent to stay away from petitioner or other
4        protected persons, then the court may allow respondent
5        access to the residence to remove items of clothing
6        and personal adornment used exclusively by respondent,
7        medications, and other items as the court directs. The
8        right to access shall be exercised on only one
9        occasion as the court directs and in the presence of an
10        agreed-upon adult third party or law enforcement
11        officer.
12            (B) When the petitioner and the respondent attend
13        the same public, private, or non-public elementary,
14        middle, or high school, the court when issuing an
15        order of protection and providing relief shall
16        consider the severity of the act, any continuing
17        physical danger or emotional distress to the
18        petitioner, the educational rights guaranteed to the
19        petitioner and respondent under federal and State law,
20        the availability of a transfer of the respondent to
21        another school, a change of placement or a change of
22        program of the respondent, the expense, difficulty,
23        and educational disruption that would be caused by a
24        transfer of the respondent to another school, and any
25        other relevant facts of the case. The court may order
26        that the respondent not attend the public, private, or

 

 

10300SB2633sam001- 33 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 34 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 35 -LRB103 34623 RLC 65219 a

1    domestic violence abusers or any other guidance service
2    the court deems appropriate. The Court may order the
3    respondent in any intimate partner relationship to report
4    to an Illinois Department of Human Services protocol
5    approved partner abuse intervention program for an
6    assessment and to follow all recommended treatment.
7        (5) Physical care and possession of the minor child.
8    In order to protect the minor child from abuse, neglect,
9    or unwarranted separation from the person who has been the
10    minor child's primary caretaker, or to otherwise protect
11    the well-being of the minor child, the court may do either
12    or both of the following: (i) grant petitioner physical
13    care or possession of the minor child, or both, or (ii)
14    order respondent to return a minor child to, or not remove
15    a minor child from, the physical care of a parent or person
16    in loco parentis.
17        If a court finds, after a hearing, that respondent has
18    committed abuse (as defined in Section 103) of a minor
19    child, there shall be a rebuttable presumption that
20    awarding physical care to respondent would not be in the
21    minor child's best interest.
22        (6) Temporary allocation of parental responsibilities:
23    significant decision-making. Award temporary
24    decision-making responsibility to petitioner in accordance
25    with this Section, the Illinois Marriage and Dissolution
26    of Marriage Act, the Illinois Parentage Act of 2015, and

 

 

10300SB2633sam001- 36 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 37 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 38 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 39 -LRB103 34623 RLC 65219 a

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

 

 

10300SB2633sam001- 40 -LRB103 34623 RLC 65219 a

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

 

 

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1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including but not
10        limited to legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and
16    well-being of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm, ammunition, and firearm
18    part possession.
19            (a) Prohibit a respondent against whom an order of
20        protection was issued from possessing, during the
21        duration of the order, any firearms, ammunition, and
22        firearm parts that could be assembled to make an
23        operable firearm and issue a warrant for search and
24        seizure of any firearms, ammunition, or firearm parts
25        concurrent with issuing an order of protection as set
26        forth in this subsection. during the duration of the

 

 

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1        order if the order:
2            (a-1)(1) Upon the issuance of an emergency,
3        interim, or final order of protection, the court shall
4        issue a warrant for search and seizure of firearms,
5        ammunition, or firearm parts that could be assembled
6        to make an operable firearm if the court, based upon
7        sworn testimony, finds:
8                (i) probable cause exists that the respondent
9            possesses firearms, ammunition, or firearm parts
10            that could be assembled to make an operable
11            firearm; and
12                (ii) probable cause exists to believe that:
13            (A) the respondent poses a danger of causing
14            personal injury to the petitioner or a child by
15            having in the respondent's custody or control, or
16            by purchasing, possessing, or receiving a firearm,
17            ammunition, or firearm parts that could be
18            assembled to make an operable firearm; and (B)
19            that the danger is immediate and present. If a
20            court finds that the respondent has committed
21            abuse against the petitioner or a child, there
22            shall be a rebuttable presumption that the
23            respondent poses a danger of causing personal
24            injury to the petitioner or the child; and
25                (iii) probable cause exists that the firearms,
26            ammunition, or firearm parts that could be

 

 

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1            assembled to make an operable firearm are located
2            at the residence, vehicle, or other property of
3            the respondent.
4            (2) A warrant for search and seizure issued under
5        subparagraph (a-1) shall specify with particularity
6        the scope of the search, including the property to be
7        searched, and shall direct the relevant law
8        enforcement agency to seize the respondent's firearms,
9        ammunition, and any firearm parts that could be
10        assembled to make an operable firearm. Law enforcement
11        shall also be directed to take any Firearm Owner's
12        Identification Card belonging to the respondent into
13        its possession. The court may, as a part of that
14        warrant, direct the law enforcement agency to search
15        the respondent's residence and other places where the
16        court finds there is probable cause to believe the
17        respondent is likely to possess the firearms,
18        ammunition, or firearm parts that could be assembled
19        to make an operable firearm. Law enforcement shall
20        execute the warrant at the earliest time but no later
21        than 96 hours after issuance, and execution shall take
22        precedence over other warrants except those of a
23        similar emergency nature. A return of the warrant
24        shall be filed by the law enforcement agency within 24
25        hours of execution, setting forth the time, date, and
26        location where the warrant was executed and what

 

 

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1        items, if any, were seized. If the court is not in
2        session, the return information shall be returned on
3        the next date the court is in session. Service of any
4        order of protection shall, to the extent possible, be
5        concurrent with the execution of the warrant for
6        search and seizure. The finding of probable cause for
7        a warrant upon oral testimony may be based on the same
8        kind of evidence as is sufficient for a warrant upon
9        affidavit.
10            (3) The court shall grant ex parte relief under
11        this subparagraph and issue a warrant for search and
12        seizure of any firearms if the court has found (i)
13        probable cause as required by this subparagraph, (ii)
14        that personal injury to the petitioner or child is
15        likely to occur if the respondent received prior
16        notice, and (iii) the petitioner has otherwise
17        satisfied the requirements of Section 217 of this Act.
18                (1) was issued after a hearing of which such
19            person received actual notice, and at which such
20            person had an opportunity to participate;
21                (2) restrains such person from harassing,
22            stalking, or threatening an intimate partner of
23            such person or child of such intimate partner or
24            person, or engaging in other conduct that would
25            place an intimate partner in reasonable fear of
26            bodily injury to the partner or child; and

 

 

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1                (3)(i) includes a finding that such person
2            represents a credible threat to the physical
3            safety of such intimate partner or child; or (ii)
4            by its terms explicitly prohibits the use,
5            attempted use, or threatened use of physical force
6            against such intimate partner or child that would
7            reasonably be expected to cause bodily injury.
8            (a-2) The court shall prohibit the respondent from
9        possessing, during the duration of the order, any
10        firearms, ammunition, or firearm parts that could be
11        assembled to make an operable firearm and order the
12        surrender of any firearms, ammunition, or firearm
13        parts that could be assembled to make an operable
14        firearm to the relevant law enforcement agency if (1)
15        the court has ordered a warrant for search and seizure
16        under subparagraph (a-1) or (2) the order of
17        protection issued by the court against the respondent:
18                (i) was issued after a hearing of which such
19            person received actual notice, and at which such
20            person had an opportunity to participate, or
21            petitioner has satisfied the requirements of
22            Section 217;
23                (ii) restrains such person from harassing,
24            stalking, or threatening the petitioner or child,
25            or engaging in other conduct that would place the
26            petitioner in reasonable fear of bodily injury to

 

 

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1            the petitioner or a child; and
2                (iii)(A) includes a finding that such person
3            represents a credible threat to the physical
4            safety of the petitioner or a child; or
5                (B) by its terms explicitly prohibits the use,
6            attempted use, or threatened use of physical force
7            against such petitioner or the child that would
8            reasonably be expected to cause bodily injury.
9            (a-3) Any firearms, ammunition, or firearm parts
10        that could be assembled to make an operable firearm
11        shall be kept by the local law enforcement agency for
12        safekeeping, except as provided in subsection (b). The
13        period of safekeeping shall be for the duration of the
14        order of protection. Respondent is prohibited from
15        transferring firearms, ammunition, or firearm parts to
16        another individual in lieu of surrender to law
17        enforcement. The law enforcement agency shall provide
18        a statement of receipt of any firearm, ammunition, or
19        firearm part seized or surrendered with a description
20        of any firearm seized or surrendered to the respondent
21        and the court. The law enforcement agency may enter
22        arrangements, as needed, with federally licensed
23        firearm dealers for the storage of any firearms seized
24        or surrendered under this Section.
25            (a-4) If relief is granted under this subsection,
26        any Firearm Owner's Identification Card in the

 

 

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1        possession of the respondent, except as provided in
2        subsection (b), shall be ordered by the court to be
3        turned over to the local law enforcement agency. The
4        local law enforcement agency shall immediately mail
5        the card to the Illinois State Police Firearm Owner's
6        Identification Card Office for safekeeping.
7        (a-5) Any Firearm Owner's Identification Card in the
8        possession of the respondent, except as provided in
9        subsection (b), shall be ordered by the court to be
10        turned over to the local law enforcement agency. The
11        local law enforcement agency shall immediately mail
12        the card to the Illinois State Police Firearm Owner's
13        Identification Card Office for safekeeping. The court
14        shall issue a warrant for seizure of any firearm in the
15        possession of the respondent, to be kept by the local
16        law enforcement agency for safekeeping, except as
17        provided in subsection (b). The period of safekeeping
18        shall be for the duration of the order of protection.
19        The firearm or firearms and Firearm Owner's
20        Identification Card, if unexpired, seized or
21        surrendered shall, at the respondent's request, be
22        returned to the respondent at the end of the order of
23        protection. It is the respondent's responsibility to
24        notify the Illinois State Police Firearm Owner's
25        Identification Card Office.
26            (b) If the respondent is a peace officer as

 

 

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1        defined in Section 2-13 of the Criminal Code of 2012,
2        the court shall order that any firearms used by the
3        respondent in the performance of his or her duties as a
4        peace officer be surrendered to the chief law
5        enforcement executive of the agency in which the
6        respondent is employed, who shall retain the firearms
7        for safekeeping for the duration of the order of
8        protection.
9            (c) Upon expiration of the period of safekeeping,
10        if the firearms or Firearm Owner's Identification Card
11        cannot be returned to respondent because respondent
12        cannot be located, fails to respond to requests to
13        retrieve the firearms, or is not lawfully eligible to
14        possess a firearm, upon petition from the local law
15        enforcement agency, the court may order the local law
16        enforcement agency to destroy the firearms, use the
17        firearms for training purposes, or for any other
18        application as deemed appropriate by the local law
19        enforcement agency; or that the firearms be turned
20        over to a third party who is lawfully eligible to
21        possess firearms, and who does not reside with
22        respondent.
23        (15) Prohibition of access to records. If an order of
24    protection prohibits respondent from having contact with
25    the minor child, or if petitioner's address is omitted
26    under subsection (b) of Section 203, or if necessary to

 

 

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

 

 

10300SB2633sam001- 50 -LRB103 34623 RLC 65219 a

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

 

 

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1        to the petitioner use of, the telephone number or
2        numbers indicated in subparagraph (A) of this
3        paragraph unless it notifies the petitioner, within 72
4        hours after it receives the order, that one of the
5        following applies:
6                (i) The account holder named in the order has
7            terminated the account.
8                (ii) A difference in network technology would
9            prevent or impair the functionality of a device on
10            a network if the transfer occurs.
11                (iii) The transfer would cause a geographic or
12            other limitation on network or service provision
13            to the petitioner.
14                (iv) Another technological or operational
15            issue would prevent or impair the use of the
16            telephone number if the transfer occurs.
17            (C) The petitioner assumes all financial
18        responsibility for and right to the use of any
19        telephone number transferred under this paragraph. In
20        this paragraph, "financial responsibility" includes
21        monthly service costs and costs associated with any
22        mobile device associated with the number.
23            (D) A wireless telephone service provider may
24        apply to the petitioner its routine and customary
25        requirements for establishing an account or
26        transferring a number, including requiring the

 

 

10300SB2633sam001- 52 -LRB103 34623 RLC 65219 a

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

 

 

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

 

 

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1    (4) of this subsection, the court shall make its findings
2    in an official record or in writing, and shall at a minimum
3    set forth the following:
4            (i) That the court has considered the applicable
5        relevant factors described in paragraphs (1) and (2)
6        of this subsection.
7            (ii) Whether the conduct or actions of respondent,
8        unless prohibited, will likely cause irreparable harm
9        or continued abuse.
10            (iii) Whether it is necessary to grant the
11        requested relief in order to protect petitioner or
12        other alleged abused persons.
13        (4) For purposes of issuing an ex parte emergency
14    order of protection, the court, as an alternative to or as
15    a supplement to making the findings described in
16    paragraphs (c)(3)(i) through (c)(3)(iii) of this
17    subsection, may use the following procedure:
18        When a verified petition for an emergency order of
19    protection in accordance with the requirements of Sections
20    203 and 217 is presented to the court, the court shall
21    examine petitioner on oath or affirmation. An emergency
22    order of protection shall be issued by the court if it
23    appears from the contents of the petition and the
24    examination of petitioner that the averments are
25    sufficient to indicate abuse by respondent and to support
26    the granting of relief under the issuance of the emergency

 

 

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1    order of protection.
2        (5) Never married parties. No rights or
3    responsibilities for a minor child born outside of
4    marriage attach to a putative father until a father and
5    child relationship has been established under the Illinois
6    Parentage Act of 1984, the Illinois Parentage Act of 2015,
7    the Illinois Public Aid Code, Section 12 of the Vital
8    Records Act, the Juvenile Court Act of 1987, the Probate
9    Act of 1975, the Revised Uniform Reciprocal Enforcement of
10    Support Act, the Uniform Interstate Family Support Act,
11    the Expedited Child Support Act of 1990, any judicial,
12    administrative, or other act of another state or
13    territory, any other Illinois statute, or by any foreign
14    nation establishing the father and child relationship, any
15    other proceeding substantially in conformity with the
16    Personal Responsibility and Work Opportunity
17    Reconciliation Act of 1996 (Pub. L. 104-193), or where
18    both parties appeared in open court or at an
19    administrative hearing acknowledging under oath or
20    admitting by affirmation the existence of a father and
21    child relationship. Absent such an adjudication, finding,
22    or acknowledgment, no putative father shall be granted
23    temporary allocation of parental responsibilities,
24    including parenting time with the minor child, or physical
25    care and possession of the minor child, nor shall an order
26    of payment for support of the minor child be entered.

 

 

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

 

 

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1    by respondent;
2        (7) Conduct by any family or household member excused
3    the abuse, neglect, or exploitation by respondent, unless
4    that same conduct would have excused such abuse, neglect,
5    or exploitation if the parties had not been family or
6    household members.
7(Source: P.A. 102-538, eff. 8-20-21.)".