95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB6325

 

Introduced , by Rep. Suzanne Bassi - Dennis M. Reboletti - Michael P. McAuliffe - Tom Cross - Rosemary Mulligan, et al.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of State Police Law of the Civil Administrative Code of Illinois, the State Finance Act, the Criminal Code of 1961, the Unified Code of Corrections, the Code of Criminal Procedure of 1963, and the Illinois Domestic Violence Act, and provides that the Act may be referred to as the Cindy Bischof Law. Provides that the Department of State Police shall develop a protocol to coordinate actions of the courts and law enforcement agencies to implement the domestic violence surveillance program created by the amendatory Act. Creates the Domestic Violence Surveillance Fund in the State treasury. Provides that the offense of violation of an order of protection includes the respondent's failure to attend and complete partner abuse intervention programs. Provides that in addition to any other penalties, the court may, after consultation with the petitioner, order the respondent to carry or wear a global positioning system device. Provides that in domestic violence cases, the court shall order the respondent to attend and complete partner abuse intervention programs. Adds to every penalty imposed upon a plea of guilty or finding of guilty resulting in a judgment of conviction of a violation of an order of protection an additional fine in an amount not less than $200 to be set at the discretion of the court which shall be deposited into the Domestic Violence Surveillance Fund. Makes other changes.


LRB095 20594 RLC 48811 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning domestic violence, which may be referred
2 to as the Cindy Bischof Law.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Department of State Police Law of the Civil
6 Administrative Code of Illinois is amended by adding Section
7 2605-585 as follows:
 
8     (20 ILCS 2605/2605-585 new)
9     Sec. 2605-585. Protocols for domestic violence
10 surveillance. The Department of State Police shall develop a
11 protocol to coordinate actions of the courts and law
12 enforcement agencies to implement the domestic violence
13 surveillance program established in Section 5-8A-7 of the
14 Unified Code of Corrections, including the deposit and
15 administration of fines provided for in Section 5-9-1.16 of the
16 Unified Code of Corrections.
 
17     Section 10. The State Finance Act is amended by adding
18 Section 5.710 as follows:
 
19     (30 ILCS 105/5.710 new)
20     Sec. 5.710. The Domestic Violence Surveillance Fund.
 

 

 

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1     Section 15. The Criminal Code of 1961 is amended by
2 changing Section 12-30 as follows:
 
3     (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
4     Sec. 12-30. Violation of an order of protection.
5     (a) A person commits violation of an order of protection
6 if:
7         (1) He or she commits an act which was prohibited by a
8     court or fails to commit an act which was ordered by a
9     court in violation of:
10             (i) a remedy in a valid order of protection
11         authorized under paragraphs (1), (2), (3), (14), or
12         (14.5), or (18) of subsection (b) of Section 214 of the
13         Illinois Domestic Violence Act of 1986,
14             (ii) a remedy, which is substantially similar to
15         the remedies authorized under paragraphs (1), (2),
16         (3), (14), or (14.5), or (18) of subsection (b) of
17         Section 214 of the Illinois Domestic Violence Act of
18         1986, in a valid order of protection, which is
19         authorized under the laws of another state, tribe or
20         United States territory,
21             (iii) any other remedy when the act constitutes a
22         crime against the protected parties as the term
23         protected parties is defined in Section 112A-4 of the
24         Code of Criminal Procedure of 1963; and
25         (2) Such violation occurs after the offender has been

 

 

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1     served notice of the contents of the order, pursuant to the
2     Illinois Domestic Violence Act of 1986 or any substantially
3     similar statute of another state, tribe or United States
4     territory, or otherwise has acquired actual knowledge of
5     the contents of the order.
6     An order of protection issued by a state, tribal or
7 territorial court related to domestic or family violence shall
8 be deemed valid if the issuing court had jurisdiction over the
9 parties and matter under the law of the state, tribe or
10 territory. There shall be a presumption of validity where an
11 order is certified and appears authentic on its face.
12     (a-5) Failure to provide reasonable notice and opportunity
13 to be heard shall be an affirmative defense to any charge or
14 process filed seeking enforcement of a foreign order of
15 protection.
16     (b) For purposes of this Section, an "order of protection"
17 may have been issued in a criminal or civil proceeding.
18     (c) Nothing in this Section shall be construed to diminish
19 the inherent authority of the courts to enforce their lawful
20 orders through civil or criminal contempt proceedings.
21     (d) Violation of an order of protection under subsection
22 (a) of this Section is a Class A misdemeanor. Violation of an
23 order of protection under subsection (a) of this Section is a
24 Class 4 felony if the defendant has any prior conviction under
25 this Code for domestic battery (Section 12-3.2) or violation of
26 an order of protection (Section 12-30). Violation of an order

 

 

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1 of protection is a Class 4 felony if the defendant has any
2 prior conviction under this Code for first degree murder
3 (Section 9-1), attempt to commit first degree murder (Section
4 8-4), aggravated domestic battery (Section 12-3.3), aggravated
5 battery (Section 12-4), heinous battery (Section 12-4.1),
6 aggravated battery with a firearm (Section 12-4.2), aggravated
7 battery of a child (Section 12-4.3), aggravated battery of an
8 unborn child (Section 12-4.4), aggravated battery of a senior
9 citizen (Section 12-4.6), stalking (Section 12-7.3),
10 aggravated stalking (Section 12-7.4), criminal sexual assault
11 (Section 12-13), aggravated criminal sexual assault (12-14),
12 kidnapping (Section 10-1), aggravated kidnapping (Section
13 10-2), predatory criminal sexual assault of a child (Section
14 12-14.1), aggravated criminal sexual abuse (Section 12-16),
15 unlawful restraint (Section 10-3), aggravated unlawful
16 restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
17 or aggravated discharge of a firearm (Section 24-1.2), when any
18 of these offenses have been committed against a family or
19 household member as defined in Section 112A-3 of the Code of
20 Criminal Procedure of 1963. The court shall impose a minimum
21 penalty of 24 hours imprisonment for defendant's second or
22 subsequent violation of any order of protection; unless the
23 court explicitly finds that an increased penalty or such period
24 of imprisonment would be manifestly unjust. In addition to any
25 other penalties, the court may order the defendant to pay a
26 fine as authorized under Section 5-9-1 of the Unified Code of

 

 

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1 Corrections or to make restitution to the victim under Section
2 5-5-6 of the Unified Code of Corrections. In addition to any
3 other penalties, including those imposed by Section 5-9-1.5 of
4 the Unified Code of Corrections, the court shall impose an
5 additional fine of $20 as authorized by Section 5-9-1.11 of the
6 Unified Code of Corrections upon any person convicted of or
7 placed on supervision for a violation of this Section. The
8 additional fine shall be imposed for each violation of this
9 Section. In addition to any other penalties, the court may,
10 after consultation with the petitioner, order the respondent to
11 carry or wear a global positioning system device as provided in
12 Section 5-8A-7 of the Unified Code of Corrections.
13     (e) The limitations placed on law enforcement liability by
14 Section 305 of the Illinois Domestic Violence Act of 1986 apply
15 to actions taken under this Section.
16 (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
17 92-827, eff. 8-22-02.)
 
18     Section 20. The Code of Criminal Procedure of 1963 is
19 amended by changing Section 112A-14 as follows:
 
20     (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
21     Sec. 112A-14. Order of protection; remedies.
22     (a) Issuance of order. If the court finds that petitioner
23 has been abused by a family or household member, as defined in
24 this Article, an order of protection prohibiting such abuse

 

 

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1 shall issue; provided that petitioner must also satisfy the
2 requirements of one of the following Sections, as appropriate:
3 Section 112A-17 on emergency orders, Section 112A-18 on interim
4 orders, or Section 112A-19 on plenary orders. Petitioner shall
5 not be denied an order of protection because petitioner or
6 respondent is a minor. The court, when determining whether or
7 not to issue an order of protection, shall not require physical
8 manifestations of abuse on the person of the victim.
9 Modification and extension of prior orders of protection shall
10 be in accordance with this Article.
11     (b) Remedies and standards. The remedies to be included in
12 an order of protection shall be determined in accordance with
13 this Section and one of the following Sections, as appropriate:
14 Section 112A-17 on emergency orders, Section 112A-18 on interim
15 orders, and Section 112A-19 on plenary orders. The remedies
16 listed in this subsection shall be in addition to other civil
17 or criminal remedies available to petitioner. The remedy
18 provided in paragraph (18) of this subsection (b) shall be
19 included in every order of protection issued on or after the
20 effective date of this amendatory Act of the 95th General
21 Assembly.
22         (1) Prohibition of abuse. Prohibit respondent's
23     harassment, interference with personal liberty,
24     intimidation of a dependent, physical abuse or willful
25     deprivation, as defined in this Article, if such abuse has
26     occurred or otherwise appears likely to occur if not

 

 

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1     prohibited.
2         (2) Grant of exclusive possession of residence.
3     Prohibit respondent from entering or remaining in any
4     residence or household of the petitioner, including one
5     owned or leased by respondent, if petitioner has a right to
6     occupancy thereof. The grant of exclusive possession of the
7     residence shall not affect title to real property, nor
8     shall the court be limited by the standard set forth in
9     Section 701 of the Illinois Marriage and Dissolution of
10     Marriage Act.
11             (A) Right to occupancy. A party has a right to
12         occupancy of a residence or household if it is solely
13         or jointly owned or leased by that party, that party's
14         spouse, a person with a legal duty to support that
15         party or a minor child in that party's care, or by any
16         person or entity other than the opposing party that
17         authorizes that party's occupancy (e.g., a domestic
18         violence shelter). Standards set forth in subparagraph
19         (B) shall not preclude equitable relief.
20             (B) Presumption of hardships. If petitioner and
21         respondent each has the right to occupancy of a
22         residence or household, the court shall balance (i) the
23         hardships to respondent and any minor child or
24         dependent adult in respondent's care resulting from
25         entry of this remedy with (ii) the hardships to
26         petitioner and any minor child or dependent adult in

 

 

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1         petitioner's care resulting from continued exposure to
2         the risk of abuse (should petitioner remain at the
3         residence or household) or from loss of possession of
4         the residence or household (should petitioner leave to
5         avoid the risk of abuse). When determining the balance
6         of hardships, the court shall also take into account
7         the accessibility of the residence or household.
8         Hardships need not be balanced if respondent does not
9         have a right to occupancy.
10             The balance of hardships is presumed to favor
11         possession by petitioner unless the presumption is
12         rebutted by a preponderance of the evidence, showing
13         that the hardships to respondent substantially
14         outweigh the hardships to petitioner and any minor
15         child or dependent adult in petitioner's care. The
16         court, on the request of petitioner or on its own
17         motion, may order respondent to provide suitable,
18         accessible, alternate housing for petitioner instead
19         of excluding respondent from a mutual residence or
20         household.
21         (3) Stay away order and additional prohibitions. Order
22     respondent to stay away from petitioner or any other person
23     protected by the order of protection, or prohibit
24     respondent from entering or remaining present at
25     petitioner's school, place of employment, or other
26     specified places at times when petitioner is present, or

 

 

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1     both, if reasonable, given the balance of hardships.
2     Hardships need not be balanced for the court to enter a
3     stay away order or prohibit entry if respondent has no
4     right to enter the premises.
5         If an order of protection grants petitioner exclusive
6     possession of the residence, or prohibits respondent from
7     entering the residence, or orders respondent to stay away
8     from petitioner or other protected persons, then the court
9     may allow respondent access to the residence to remove
10     items of clothing and personal adornment used exclusively
11     by respondent, medications, and other items as the court
12     directs. The right to access shall be exercised on only one
13     occasion as the court directs and in the presence of an
14     agreed-upon adult third party or law enforcement officer.
15         (4) Counseling. Require or recommend the respondent to
16     undergo counseling for a specified duration with a social
17     worker, psychologist, clinical psychologist, psychiatrist,
18     family service agency, alcohol or substance abuse program,
19     mental health center guidance counselor, agency providing
20     services to elders, program designed for domestic violence
21     abusers or any other guidance service the court deems
22     appropriate.
23         (5) Physical care and possession of the minor child. In
24     order to protect the minor child from abuse, neglect, or
25     unwarranted separation from the person who has been the
26     minor child's primary caretaker, or to otherwise protect

 

 

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1     the well-being of the minor child, the court may do either
2     or both of the following: (i) grant petitioner physical
3     care or possession of the minor child, or both, or (ii)
4     order respondent to return a minor child to, or not remove
5     a minor child from, the physical care of a parent or person
6     in loco parentis.
7         If a court finds, after a hearing, that respondent has
8     committed abuse (as defined in Section 112A-3) of a minor
9     child, there shall be a rebuttable presumption that
10     awarding physical care to respondent would not be in the
11     minor child's best interest.
12         (6) Temporary legal custody. Award temporary legal
13     custody to petitioner in accordance with this Section, the
14     Illinois Marriage and Dissolution of Marriage Act, the
15     Illinois Parentage Act of 1984, and this State's Uniform
16     Child-Custody Jurisdiction and Enforcement Act.
17         If a court finds, after a hearing, that respondent has
18     committed abuse (as defined in Section 112A-3) of a minor
19     child, there shall be a rebuttable presumption that
20     awarding temporary legal custody to respondent would not be
21     in the child's best interest.
22         (7) Visitation. Determine the visitation rights, if
23     any, of respondent in any case in which the court awards
24     physical care or temporary legal custody of a minor child
25     to petitioner. The court shall restrict or deny
26     respondent's visitation with a minor child if the court

 

 

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1     finds that respondent has done or is likely to do any of
2     the following: (i) abuse or endanger the minor child during
3     visitation; (ii) use the visitation as an opportunity to
4     abuse or harass petitioner or petitioner's family or
5     household members; (iii) improperly conceal or detain the
6     minor child; or (iv) otherwise act in a manner that is not
7     in the best interests of the minor child. The court shall
8     not be limited by the standards set forth in Section 607.1
9     of the Illinois Marriage and Dissolution of Marriage Act.
10     If the court grants visitation, the order shall specify
11     dates and times for the visitation to take place or other
12     specific parameters or conditions that are appropriate. No
13     order for visitation shall refer merely to the term
14     "reasonable visitation".
15         Petitioner may deny respondent access to the minor
16     child if, when respondent arrives for visitation,
17     respondent is under the influence of drugs or alcohol and
18     constitutes a threat to the safety and well-being of
19     petitioner or petitioner's minor children or is behaving in
20     a violent or abusive manner.
21         If necessary to protect any member of petitioner's
22     family or household from future abuse, respondent shall be
23     prohibited from coming to petitioner's residence to meet
24     the minor child for visitation, and the parties shall
25     submit to the court their recommendations for reasonable
26     alternative arrangements for visitation. A person may be

 

 

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1     approved to supervise visitation only after filing an
2     affidavit accepting that responsibility and acknowledging
3     accountability to the court.
4         (8) Removal or concealment of minor child. Prohibit
5     respondent from removing a minor child from the State or
6     concealing the child within the State.
7         (9) Order to appear. Order the respondent to appear in
8     court, alone or with a minor child, to prevent abuse,
9     neglect, removal or concealment of the child, to return the
10     child to the custody or care of the petitioner or to permit
11     any court-ordered interview or examination of the child or
12     the respondent.
13         (10) Possession of personal property. Grant petitioner
14     exclusive possession of personal property and, if
15     respondent has possession or control, direct respondent to
16     promptly make it available to petitioner, if:
17             (i) petitioner, but not respondent, owns the
18         property; or
19             (ii) the parties own the property jointly; sharing
20         it would risk abuse of petitioner by respondent or is
21         impracticable; and the balance of hardships favors
22         temporary possession by petitioner.
23         If petitioner's sole claim to ownership of the property
24     is that it is marital property, the court may award
25     petitioner temporary possession thereof under the
26     standards of subparagraph (ii) of this paragraph only if a

 

 

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1     proper proceeding has been filed under the Illinois
2     Marriage and Dissolution of Marriage Act, as now or
3     hereafter amended.
4         No order under this provision shall affect title to
5     property.
6         (11) Protection of property. Forbid the respondent
7     from taking, transferring, encumbering, concealing,
8     damaging or otherwise disposing of any real or personal
9     property, except as explicitly authorized by the court, if:
10             (i) petitioner, but not respondent, owns the
11         property; or
12             (ii) the parties own the property jointly, and the
13         balance of hardships favors granting this remedy.
14         If petitioner's sole claim to ownership of the property
15     is that it is marital property, the court may grant
16     petitioner relief under subparagraph (ii) of this
17     paragraph only if a proper proceeding has been filed under
18     the Illinois Marriage and Dissolution of Marriage Act, as
19     now or hereafter amended.
20         The court may further prohibit respondent from
21     improperly using the financial or other resources of an
22     aged member of the family or household for the profit or
23     advantage of respondent or of any other person.
24         (11.5) Protection of animals. Grant the petitioner the
25     exclusive care, custody, or control of any animal owned,
26     possessed, leased, kept, or held by either the petitioner

 

 

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1     or the respondent or a minor child residing in the
2     residence or household of either the petitioner or the
3     respondent and order the respondent to stay away from the
4     animal and forbid the respondent from taking,
5     transferring, encumbering, concealing, harming, or
6     otherwise disposing of the animal.
7         (12) Order for payment of support. Order respondent to
8     pay temporary support for the petitioner or any child in
9     the petitioner's care or custody, when the respondent has a
10     legal obligation to support that person, in accordance with
11     the Illinois Marriage and Dissolution of Marriage Act,
12     which shall govern, among other matters, the amount of
13     support, payment through the clerk and withholding of
14     income to secure payment. An order for child support may be
15     granted to a petitioner with lawful physical care or
16     custody of a child, or an order or agreement for physical
17     care or custody, prior to entry of an order for legal
18     custody. Such a support order shall expire upon entry of a
19     valid order granting legal custody to another, unless
20     otherwise provided in the custody order.
21         (13) Order for payment of losses. Order respondent to
22     pay petitioner for losses suffered as a direct result of
23     the abuse. Such losses shall include, but not be limited
24     to, medical expenses, lost earnings or other support,
25     repair or replacement of property damaged or taken,
26     reasonable attorney's fees, court costs and moving or other

 

 

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1     travel expenses, including additional reasonable expenses
2     for temporary shelter and restaurant meals.
3             (i) Losses affecting family needs. If a party is
4         entitled to seek maintenance, child support or
5         property distribution from the other party under the
6         Illinois Marriage and Dissolution of Marriage Act, as
7         now or hereafter amended, the court may order
8         respondent to reimburse petitioner's actual losses, to
9         the extent that such reimbursement would be
10         "appropriate temporary relief", as authorized by
11         subsection (a)(3) of Section 501 of that Act.
12             (ii) Recovery of expenses. In the case of an
13         improper concealment or removal of a minor child, the
14         court may order respondent to pay the reasonable
15         expenses incurred or to be incurred in the search for
16         and recovery of the minor child, including but not
17         limited to legal fees, court costs, private
18         investigator fees, and travel costs.
19         (14) Prohibition of entry. Prohibit the respondent
20     from entering or remaining in the residence or household
21     while the respondent is under the influence of alcohol or
22     drugs and constitutes a threat to the safety and well-being
23     of the petitioner or the petitioner's children.
24         (14.5) Prohibition of firearm possession.
25             (a) When a complaint is made under a request for an
26         order of protection, that the respondent has

 

 

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1         threatened or is likely to use firearms illegally
2         against the petitioner, and the respondent is present
3         in court, or has failed to appear after receiving
4         actual notice, the court shall examine on oath the
5         petitioner, and any witnesses who may be produced. If
6         the court is satisfied that there is any danger of the
7         illegal use of firearms, it shall include in the order
8         of protection the requirement that any firearms in the
9         possession of the respondent, except as provided in
10         subsection (b), be turned over to the local law
11         enforcement agency for safekeeping. If the respondent
12         fails to appear, or refuses or fails to surrender his
13         or her firearms, the court shall issue a warrant for
14         seizure of any firearm in the possession of the
15         respondent. The period of safekeeping shall be for a
16         stated period of time not to exceed 2 years. The
17         firearm or firearms shall be returned to the respondent
18         at the end of the stated period or at expiration of the
19         order of protection, whichever is sooner.
20             (b) If the respondent is a peace officer as defined
21         in Section 2-13 of the Criminal Code of 1961, the court
22         shall order that any firearms used by the respondent in
23         the performance of his or her duties as a peace officer
24         be surrendered to the chief law enforcement executive
25         of the agency in which the respondent is employed, who
26         shall retain the firearms for safekeeping for the

 

 

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1         stated period not to exceed 2 years as set forth in the
2         court order.
3         (15) Prohibition of access to records. If an order of
4     protection prohibits respondent from having contact with
5     the minor child, or if petitioner's address is omitted
6     under subsection (b) of Section 112A-5, or if necessary to
7     prevent abuse or wrongful removal or concealment of a minor
8     child, the order shall deny respondent access to, and
9     prohibit respondent from inspecting, obtaining, or
10     attempting to inspect or obtain, school or any other
11     records of the minor child who is in the care of
12     petitioner.
13         (16) Order for payment of shelter services. Order
14     respondent to reimburse a shelter providing temporary
15     housing and counseling services to the petitioner for the
16     cost of the services, as certified by the shelter and
17     deemed reasonable by the court.
18         (17) Order for injunctive relief. Enter injunctive
19     relief necessary or appropriate to prevent further abuse of
20     a family or household member or to effectuate one of the
21     granted remedies, if supported by the balance of hardships.
22     If the harm to be prevented by the injunction is abuse or
23     any other harm that one of the remedies listed in
24     paragraphs (1) through (16) of this subsection is designed
25     to prevent, no further evidence is necessary to establish
26     that the harm is an irreparable injury.

 

 

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1         (18) Order for attendance at partner abuse
2     intervention programs. Order the respondent to attend and
3     complete partner abuse intervention programs per protocols
4     set by the Illinois Department of Human Services under such
5     terms and conditions as the court may direct.
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 of the
13         petitioner or any family or household member,
14         including the concealment of his or her location in
15         order to evade service of process or notice, and the
16         likelihood of danger of future abuse to petitioner or
17         any member of petitioner's or respondent's family or
18         household; and
19             (ii) the danger that any minor child will be abused
20         or neglected or improperly removed from the
21         jurisdiction, improperly concealed within the State or
22         improperly separated from the child's primary
23         caretaker.
24         (2) In comparing relative hardships resulting to the
25     parties from loss of possession of the family home, the
26     court shall consider relevant factors, including but not

 

 

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1     limited to the following:
2             (i) availability, accessibility, cost, safety,
3         adequacy, location and other characteristics of
4         alternate housing for each party and any minor child or
5         dependent adult in the party's care;
6             (ii) the effect on the party's employment; and
7             (iii) the effect on the relationship of the party,
8         and any minor child or dependent adult in the party's
9         care, to family, school, church and community.
10         (3) Subject to the exceptions set forth in paragraph
11     (4) of this subsection, the court shall make its findings
12     in an official record or in writing, and shall at a minimum
13     set forth the following:
14             (i) That the court has considered the applicable
15         relevant factors described in paragraphs (1) and (2) of
16         this subsection.
17             (ii) Whether the conduct or actions of respondent,
18         unless prohibited, will likely cause irreparable harm
19         or continued abuse.
20             (iii) Whether it is necessary to grant the
21         requested relief in order to protect petitioner or
22         other alleged abused persons.
23         (4) For purposes of issuing an ex parte emergency order
24     of protection, the court, as an alternative to or as a
25     supplement to making the findings described in paragraphs
26     (c)(3)(i) through (c)(3)(iii) of this subsection, may use

 

 

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1     the following procedure:
2         When a verified petition for an emergency order of
3     protection in accordance with the requirements of Sections
4     112A-5 and 112A-17 is presented to the court, the court
5     shall examine petitioner on oath or affirmation. An
6     emergency order of protection shall be issued by the court
7     if it appears from the contents of the petition and the
8     examination of petitioner that the averments are
9     sufficient to indicate abuse by respondent and to support
10     the granting of relief under the issuance of the emergency
11     order of protection.
12         (5) Never married parties. No rights or
13     responsibilities for a minor child born outside of marriage
14     attach to a putative father until a father and child
15     relationship has been established under the Illinois
16     Parentage Act of 1984. Absent such an adjudication, no
17     putative father shall be granted temporary custody of the
18     minor child, visitation with the minor child, or physical
19     care and possession of the minor child, nor shall an order
20     of payment for support of the minor child be entered.
21     (d) Balance of hardships; findings. If the court finds that
22 the balance of hardships does not support the granting of a
23 remedy governed by paragraph (2), (3), (10), (11), or (16) of
24 subsection (b) of this Section, which may require such
25 balancing, the court's findings shall so indicate and shall
26 include a finding as to whether granting the remedy will result

 

 

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1 in hardship to respondent that would substantially outweigh the
2 hardship to petitioner from denial of the remedy. The findings
3 shall be an official record or in writing.
4     (e) Denial of remedies. Denial of any remedy shall not be
5 based, in whole or in part, on evidence that:
6         (1) Respondent has cause for any use of force, unless
7     that cause satisfies the standards for justifiable use of
8     force provided by Article VII of the Criminal Code of 1961;
9         (2) Respondent was voluntarily intoxicated;
10         (3) Petitioner acted in self-defense or defense of
11     another, provided that, if petitioner utilized force, such
12     force was justifiable under Article VII of the Criminal
13     Code of 1961;
14         (4) Petitioner did not act in self-defense or defense
15     of another;
16         (5) Petitioner left the residence or household to avoid
17     further abuse by respondent;
18         (6) Petitioner did not leave the residence or household
19     to avoid further abuse by respondent;
20         (7) Conduct by any family or household member excused
21     the abuse by respondent, unless that same conduct would
22     have excused such abuse if the parties had not been family
23     or household members.
24 (Source: P.A. 95-234, eff. 1-1-08.)
 
25     Section 25. The Unified Code of Corrections is amended by

 

 

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1 adding Sections 5-8A-7 and 5-9-1.16 as follows:
 
2     (730 ILCS 5/5-8A-7 new)
3     Sec. 5-8A-7. Domestic violence surveillance program. If
4 the court orders electronic surveillance for a violation of an
5 order of protection under Section 12-30 of the Criminal Code of
6 1961, the supervising authority must use a system that requires
7 the respondent to carry or wear a global positioning system
8 device, provides the petitioner with an electronic receptor
9 device, and actively monitors and identifies the offender's
10 current location and timely reports or records the offender's
11 presence and alerts the supervising authority and the
12 petitioner of the offender's presence in a place prohibited in
13 the order of protection and the offender's departure from
14 specified geographic limitations.
 
15     (730 ILCS 5/5-9-1.16 new)
16     Sec. 5-9-1.16. Protective order violation fines.
17     (a) There shall be added to every penalty imposed in
18 sentencing for a violation of an order of protection under
19 Section 12-30 of the Criminal Code of 1961 an additional fine
20 to be set at the discretion of the court in an amount not less
21 than $200 to be imposed upon a plea of guilty or finding of
22 guilty resulting in a judgment of conviction.
23     (b) Such additional amount shall be assessed by the court
24 imposing sentence and shall be collected by the Circuit Clerk

 

 

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1 in addition to the fine, if any, and costs in the case to be
2 used by the Illinois State Police in implementing the domestic
3 violence surveillance program. Each such additional penalty
4 shall be remitted by the Circuit Clerk within one month after
5 receipt to the State Treasurer for deposit into the Domestic
6 Violence Surveillance Fund. The Circuit Clerk shall retain 10%
7 of such penalty to cover the costs incurred in administering
8 and enforcing this Section. Such additional penalty shall not
9 be considered a part of the fine for purposes of any reduction
10 in the fine for time served either before or after sentencing.
11     (c) Not later than March 1 of each year the Clerk of the
12 Circuit Court shall submit to the State Comptroller a report of
13 the amount of funds remitted by him or her to the State
14 Treasurer under this Section during the preceding calendar
15 year. Except as otherwise provided by Supreme Court Rules, if a
16 court in sentencing an offender levies a gross amount for fine,
17 costs, fees and penalties, the amount of the additional penalty
18 provided for herein shall be collected from the amount
19 remaining after deducting from the gross amount levied all fees
20 of the Circuit Clerk, the State's Attorney and the Sheriff.
21 After deducting from the gross amount levied the fees and
22 additional penalty provided for herein, less any other
23 additional penalties provided by law, the clerk shall remit the
24 net balance remaining to the State Treasurer for deposit into
25 the Domestic Violence Surveillance Fund.
26     (d) Moneys in the Domestic Violence Surveillance Fund shall

 

 

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1 be used by the supervising authority of a respondent ordered to
2 carry or wear a global positioning system device for a
3 violation of an order of protection under Section 12-30 of the
4 Criminal Code of 1961 to offset the costs of such surveillance
5 of the respondent.
6     (e) For purposes of this Section "fees of the Circuit
7 Clerk" shall include, if applicable, the fee provided for under
8 Section 27.3a of the Clerks of Courts Act and the fee, if
9 applicable, payable to the county in which the violation
10 occurred under Section 5-1101 of the Counties Code.
 
11     Section 30. The Illinois Domestic Violence Act of 1986 is
12 amended 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
16 has been abused by a family or household member or that
17 petitioner is a high-risk adult who has been abused, neglected,
18 or exploited, as defined in this Act, an order of protection
19 prohibiting the abuse, neglect, or exploitation shall issue;
20 provided that petitioner must also satisfy the requirements of
21 one of the following Sections, as appropriate: Section 217 on
22 emergency orders, Section 218 on interim orders, or Section 219
23 on plenary orders. Petitioner shall not be denied an order of
24 protection because petitioner or respondent is a minor. The

 

 

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1 court, when determining whether or not to issue an order of
2 protection, shall not require physical manifestations of abuse
3 on the person of the victim. Modification and extension of
4 prior orders of protection shall be in accordance with this
5 Act.
6     (b) Remedies and standards. The remedies to be included in
7 an order of protection shall be determined in accordance with
8 this Section and one of the following Sections, as appropriate:
9 Section 217 on emergency orders, Section 218 on interim orders,
10 and Section 219 on plenary orders. The remedies listed in this
11 subsection shall be in addition to other civil or criminal
12 remedies available to petitioner. The remedy provided in
13 paragraph (18) of this subsection (b) shall be included in
14 every order of protection issued on or after the effective date
15 of this amendatory Act of the 95th General Assembly.
16         (1) Prohibition of abuse, neglect, or exploitation.
17     Prohibit respondent's harassment, interference with
18     personal liberty, intimidation of a dependent, physical
19     abuse, or willful deprivation, neglect or exploitation, as
20     defined in this Act, or stalking of the petitioner, as
21     defined in Section 12-7.3 of the Criminal Code of 1961, if
22     such abuse, neglect, exploitation, or stalking has
23     occurred or otherwise appears likely to occur if not
24     prohibited.
25         (2) Grant of exclusive possession of residence.
26     Prohibit respondent from entering or remaining in any

 

 

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1     residence or household of the petitioner, including one
2     owned or leased by respondent, if petitioner has a right to
3     occupancy thereof. The grant of exclusive possession of the
4     residence shall not affect title to real property, nor
5     shall the court be limited by the standard set forth in
6     Section 701 of the Illinois Marriage and Dissolution of
7     Marriage Act.
8             (A) Right to occupancy. A party has a right to
9         occupancy of a residence or household if it is solely
10         or jointly owned or leased by that party, that party's
11         spouse, a person with a legal duty to support that
12         party or a minor child in that party's care, or by any
13         person or entity other than the opposing party that
14         authorizes that party's occupancy (e.g., a domestic
15         violence shelter). Standards set forth in subparagraph
16         (B) shall not preclude equitable relief.
17             (B) Presumption of hardships. If petitioner and
18         respondent each has the right to occupancy of a
19         residence or household, the court shall balance (i) the
20         hardships to respondent and any minor child or
21         dependent adult in respondent's care resulting from
22         entry of this remedy with (ii) the hardships to
23         petitioner and any minor child or dependent adult in
24         petitioner's care resulting from continued exposure to
25         the risk of abuse (should petitioner remain at the
26         residence or household) or from loss of possession of

 

 

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

 

 

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1     right to enter the premises.
2         If an order of protection grants petitioner exclusive
3     possession of the residence, or prohibits respondent from
4     entering the residence, or orders respondent to stay away
5     from petitioner or other protected persons, then the court
6     may allow respondent access to the residence to remove
7     items of clothing and personal adornment used exclusively
8     by respondent, medications, and other items as the court
9     directs. The 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 officer.
12         (4) Counseling. Require or recommend the respondent to
13     undergo counseling for a specified duration with a social
14     worker, psychologist, clinical psychologist, psychiatrist,
15     family service agency, alcohol or substance abuse program,
16     mental health center guidance counselor, agency providing
17     services to elders, program designed for domestic violence
18     abusers or any other guidance service the court deems
19     appropriate.
20         (5) Physical care and possession of the minor child. In
21     order to protect the minor child from abuse, neglect, or
22     unwarranted separation from the person who has been the
23     minor child's primary caretaker, or to otherwise protect
24     the well-being of the minor child, the court may do either
25     or both of the following: (i) grant petitioner physical
26     care or possession of the minor child, or both, or (ii)

 

 

HB6325 - 29 - LRB095 20594 RLC 48811 b

1     order respondent to return a minor child to, or not remove
2     a minor child from, the physical care of a parent or person
3     in loco parentis.
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 physical care to respondent would not be in the
8     minor child's best interest.
9         (6) Temporary legal custody. Award temporary legal
10     custody to petitioner in accordance with this Section, the
11     Illinois Marriage and Dissolution of Marriage Act, the
12     Illinois Parentage Act of 1984, and this State's Uniform
13     Child-Custody Jurisdiction and Enforcement Act.
14         If a court finds, after a hearing, that respondent has
15     committed abuse (as defined in Section 103) of a minor
16     child, there shall be a rebuttable presumption that
17     awarding temporary legal custody to respondent would not be
18     in the child's best interest.
19         (7) Visitation. Determine the visitation rights, if
20     any, of respondent in any case in which the court awards
21     physical care or temporary legal custody of a minor child
22     to petitioner. The court shall restrict or deny
23     respondent's visitation with a minor child if the court
24     finds that respondent has done or is likely to do any of
25     the following: (i) abuse or endanger the minor child during
26     visitation; (ii) use the visitation as an opportunity to

 

 

HB6325 - 30 - LRB095 20594 RLC 48811 b

1     abuse or harass petitioner or petitioner's family or
2     household members; (iii) improperly conceal or detain the
3     minor child; or (iv) otherwise act in a manner that is not
4     in the best interests of the minor child. The court shall
5     not be limited by the standards set forth in Section 607.1
6     of the Illinois Marriage and Dissolution of Marriage Act.
7     If the court grants visitation, the order shall specify
8     dates and times for the visitation to take place or other
9     specific parameters or conditions that are appropriate. No
10     order for visitation shall refer merely to the term
11     "reasonable visitation".
12         Petitioner may deny respondent access to the minor
13     child if, when respondent arrives for visitation,
14     respondent is under the influence of drugs or alcohol and
15     constitutes a threat to the safety and well-being of
16     petitioner or petitioner's minor children or is behaving in
17     a violent or abusive manner.
18         If necessary to protect any member of petitioner's
19     family or household from future abuse, respondent shall be
20     prohibited from coming to petitioner's residence to meet
21     the minor child for visitation, and the parties shall
22     submit to the court their recommendations for reasonable
23     alternative arrangements for visitation. A person may be
24     approved to supervise visitation only after filing an
25     affidavit accepting that responsibility and acknowledging
26     accountability to the court.

 

 

HB6325 - 31 - LRB095 20594 RLC 48811 b

1         (8) Removal or concealment of minor child. Prohibit
2     respondent from removing a minor child from the State or
3     concealing the child within the State.
4         (9) Order to appear. Order the respondent to appear in
5     court, alone or with a minor child, to prevent abuse,
6     neglect, removal or concealment of the child, to return the
7     child to the custody or care of the petitioner or to permit
8     any court-ordered interview or examination of the child or
9     the respondent.
10         (10) Possession of personal property. Grant petitioner
11     exclusive possession of personal property and, if
12     respondent has possession or control, direct respondent to
13     promptly make it available to petitioner, if:
14             (i) petitioner, but not respondent, owns the
15         property; or
16             (ii) the parties own the property jointly; sharing
17         it would risk abuse of petitioner by respondent or is
18         impracticable; and the balance of hardships favors
19         temporary possession by petitioner.
20         If petitioner's sole claim to ownership of the property
21     is that it is marital property, the court may award
22     petitioner temporary possession thereof under the
23     standards of subparagraph (ii) of this paragraph only if a
24     proper proceeding has been filed under the Illinois
25     Marriage and Dissolution of Marriage Act, as now or
26     hereafter amended.

 

 

HB6325 - 32 - LRB095 20594 RLC 48811 b

1         No order under this provision shall affect title to
2     property.
3         (11) Protection of property. Forbid the respondent
4     from taking, transferring, encumbering, concealing,
5     damaging or otherwise disposing of any real or personal
6     property, except as explicitly authorized by the court, if:
7             (i) petitioner, but not respondent, owns the
8         property; or
9             (ii) the parties own the property jointly, and the
10         balance of hardships favors granting this remedy.
11         If petitioner's sole claim to ownership of the property
12     is that it is marital property, the court may grant
13     petitioner relief under subparagraph (ii) of this
14     paragraph only if a proper proceeding has been filed under
15     the Illinois Marriage and Dissolution of Marriage Act, as
16     now or hereafter amended.
17         The court may further prohibit respondent from
18     improperly using the financial or other resources of an
19     aged member of the family or household for the profit or
20     advantage of respondent or of any other person.
21         (11.5) Protection of animals. Grant the petitioner the
22     exclusive care, custody, or control of any animal owned,
23     possessed, leased, kept, or held by either the petitioner
24     or the respondent or a minor child residing in the
25     residence or household of either the petitioner or the
26     respondent and order the respondent to stay away from the

 

 

HB6325 - 33 - LRB095 20594 RLC 48811 b

1     animal and forbid the respondent from taking,
2     transferring, encumbering, concealing, harming, or
3     otherwise disposing of the animal.
4         (12) Order for payment of support. Order respondent to
5     pay temporary support for the petitioner or any child in
6     the petitioner's care or custody, when the respondent has a
7     legal obligation to support that person, in accordance with
8     the Illinois Marriage and Dissolution of Marriage Act,
9     which shall govern, among other matters, the amount of
10     support, payment through the clerk and withholding of
11     income to secure payment. An order for child support may be
12     granted to a petitioner with lawful physical care or
13     custody of a child, or an order or agreement for physical
14     care or custody, prior to entry of an order for legal
15     custody. Such a support order shall expire upon entry of a
16     valid order granting legal custody to another, unless
17     otherwise provided in the custody order.
18         (13) Order for payment of losses. Order respondent to
19     pay petitioner for losses suffered as a direct result of
20     the abuse, neglect, or exploitation. Such losses shall
21     include, but not be limited to, medical expenses, lost
22     earnings or other support, repair or replacement of
23     property damaged or taken, reasonable attorney's fees,
24     court costs and moving or other travel expenses, including
25     additional reasonable expenses for temporary shelter and
26     restaurant meals.

 

 

HB6325 - 34 - LRB095 20594 RLC 48811 b

1             (i) Losses affecting family needs. If a party is
2         entitled to seek maintenance, child support or
3         property distribution from the other party under the
4         Illinois Marriage and Dissolution of Marriage Act, as
5         now or hereafter amended, the court may order
6         respondent to reimburse petitioner's actual losses, to
7         the extent that such reimbursement would be
8         "appropriate temporary relief", as authorized by
9         subsection (a)(3) of Section 501 of that Act.
10             (ii) Recovery of expenses. In the case of an
11         improper concealment or removal of a minor child, the
12         court may order respondent to pay the reasonable
13         expenses incurred or to be incurred in the search for
14         and recovery of the minor child, including but not
15         limited to legal fees, court costs, private
16         investigator fees, and travel costs.
17         (14) Prohibition of entry. Prohibit the respondent
18     from entering or remaining in the residence or household
19     while the respondent is under the influence of alcohol or
20     drugs and constitutes a threat to the safety and well-being
21     of the petitioner or the petitioner's children.
22         (14.5) Prohibition of firearm possession.
23             (a) When a complaint is made under a request for an
24         order of protection, that the respondent has
25         threatened or is likely to use firearms illegally
26         against the petitioner, and the respondent is present

 

 

HB6325 - 35 - LRB095 20594 RLC 48811 b

1         in court, or has failed to appear after receiving
2         actual notice, the court shall examine on oath the
3         petitioner, and any witnesses who may be produced. If
4         the court is satisfied that there is any danger of the
5         illegal use of firearms, it shall issue an order that
6         any firearms in the possession of the respondent,
7         except as provided in subsection (b), be turned over to
8         the local law enforcement agency for safekeeping. If
9         the respondent has failed to appear, the court shall
10         issue a warrant for seizure of any firearm in the
11         possession of the respondent. The period of
12         safekeeping shall be for a stated period of time not to
13         exceed 2 years. The firearm or firearms shall be
14         returned to the respondent at the end of the stated
15         period or at expiration of the order of protection,
16         whichever is sooner.
17             (b) If the respondent is a peace officer as defined
18         in Section 2-13 of the Criminal Code of 1961, the court
19         shall order that any firearms used by the respondent in
20         the performance of his or her duties as a peace officer
21         be surrendered to the chief law enforcement executive
22         of the agency in which the respondent is employed, who
23         shall retain the firearms for safekeeping for the
24         stated period not to exceed 2 years as set forth in the
25         court order.
26         (15) Prohibition of access to records. If an order of

 

 

HB6325 - 36 - LRB095 20594 RLC 48811 b

1     protection prohibits respondent from having contact with
2     the minor child, or if petitioner's address is omitted
3     under subsection (b) of Section 203, or if necessary to
4     prevent abuse or wrongful removal or concealment of a minor
5     child, the order shall deny respondent access to, and
6     prohibit respondent from inspecting, obtaining, or
7     attempting to inspect or obtain, school or any other
8     records of the minor child who is in the care of
9     petitioner.
10         (16) Order for payment of shelter services. Order
11     respondent to reimburse a shelter providing temporary
12     housing and counseling services to the petitioner for the
13     cost of the services, as certified by the shelter and
14     deemed reasonable by the court.
15         (17) Order for injunctive relief. Enter injunctive
16     relief necessary or appropriate to prevent further abuse of
17     a family or household member or further abuse, neglect, or
18     exploitation of a high-risk adult with disabilities or to
19     effectuate one of the granted remedies, if supported by the
20     balance of hardships. If the harm to be prevented by the
21     injunction is abuse or any other harm that one of the
22     remedies listed in paragraphs (1) through (16) of this
23     subsection is designed to prevent, no further evidence is
24     necessary that the harm is an irreparable injury.
25         (18) Order for attendance at partner abuse
26     intervention programs. Order the respondent to attend and

 

 

HB6325 - 37 - LRB095 20594 RLC 48811 b

1     complete partner abuse intervention programs per protocols
2     set by the Illinois Department of Human Services under such
3     terms and conditions as the court may direct.
4     (c) Relevant factors; findings.
5         (1) In determining whether to grant a specific remedy,
6     other than payment of support, the court shall consider
7     relevant factors, including but not limited to the
8     following:
9             (i) the nature, frequency, severity, pattern and
10         consequences of the respondent's past abuse, neglect
11         or exploitation of the petitioner or any family or
12         household member, including the concealment of his or
13         her location in order to evade service of process or
14         notice, and the likelihood of danger of future abuse,
15         neglect, or exploitation to petitioner or any member of
16         petitioner's or respondent's family or household; and
17             (ii) the danger that any minor child will be abused
18         or neglected or improperly removed from the
19         jurisdiction, improperly concealed within the State or
20         improperly separated from the child's primary
21         caretaker.
22         (2) In comparing relative hardships resulting to the
23     parties from loss of possession of the family home, the
24     court shall consider relevant factors, including but not
25     limited to the following:
26             (i) availability, accessibility, cost, safety,

 

 

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1         adequacy, location and other characteristics of
2         alternate housing for each party and any minor child or
3         dependent adult in the party's care;
4             (ii) the effect on the party's employment; and
5             (iii) the effect on the relationship of the party,
6         and any minor child or dependent adult in the party's
7         care, to family, school, church and community.
8         (3) Subject to the exceptions set forth in paragraph
9     (4) of this subsection, the court shall make its findings
10     in an official record or in writing, and shall at a minimum
11     set forth the following:
12             (i) That the court has considered the applicable
13         relevant factors described in paragraphs (1) and (2) of
14         this subsection.
15             (ii) Whether the conduct or actions of respondent,
16         unless prohibited, will likely cause irreparable harm
17         or continued abuse.
18             (iii) Whether it is necessary to grant the
19         requested relief in order to protect petitioner or
20         other alleged abused persons.
21         (4) For purposes of issuing an ex parte emergency order
22     of protection, the court, as an alternative to or as a
23     supplement to making the findings described in paragraphs
24     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
25     the following procedure:
26         When a verified petition for an emergency order of

 

 

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1     protection in accordance with the requirements of Sections
2     203 and 217 is presented to the court, the court shall
3     examine petitioner on oath or affirmation. An emergency
4     order of protection shall be issued by the court if it
5     appears from the contents of the petition and the
6     examination of petitioner that the averments are
7     sufficient to indicate abuse by respondent and to support
8     the granting of relief under the issuance of the emergency
9     order of protection.
10         (5) Never married parties. No rights or
11     responsibilities for a minor child born outside of marriage
12     attach to a putative father until a father and child
13     relationship has been established under the Illinois
14     Parentage Act of 1984, the Illinois Public Aid Code,
15     Section 12 of the Vital Records Act, the Juvenile Court Act
16     of 1987, the Probate Act of 1985, the Revised Uniform
17     Reciprocal Enforcement of Support Act, the Uniform
18     Interstate Family Support Act, the Expedited Child Support
19     Act of 1990, any judicial, administrative, or other act of
20     another state or territory, any other Illinois statute, or
21     by any foreign nation establishing the father and child
22     relationship, any other proceeding substantially in
23     conformity with the Personal Responsibility and Work
24     Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
25     or where both parties appeared in open court or at an
26     administrative hearing acknowledging under oath or

 

 

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1     admitting by affirmation the existence of a father and
2     child relationship. Absent such an adjudication, finding,
3     or acknowledgement, no putative father shall be granted
4     temporary custody of the minor child, visitation with the
5     minor child, or physical care and possession of the minor
6     child, nor shall an order of payment for support of the
7     minor child be entered.
8     (d) Balance of hardships; findings. If the court finds that
9 the balance of hardships does not support the granting of a
10 remedy governed by paragraph (2), (3), (10), (11), or (16) of
11 subsection (b) of this Section, which may require such
12 balancing, the court's findings shall so indicate and shall
13 include a finding as to whether granting the remedy will result
14 in hardship to respondent that would substantially outweigh the
15 hardship to petitioner from denial of the remedy. The findings
16 shall be an official record or in writing.
17     (e) Denial of remedies. Denial of any remedy shall not be
18 based, in whole or in part, on evidence that:
19         (1) Respondent has cause for any use of force, unless
20     that cause satisfies the standards for justifiable use of
21     force provided by Article VII of the Criminal Code of 1961;
22         (2) Respondent was voluntarily intoxicated;
23         (3) Petitioner acted in self-defense or defense of
24     another, provided that, if petitioner utilized force, such
25     force was justifiable under Article VII of the Criminal
26     Code of 1961;

 

 

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1         (4) Petitioner did not act in self-defense or defense
2     of another;
3         (5) Petitioner left the residence or household to avoid
4     further abuse, neglect, or exploitation by respondent;
5         (6) Petitioner did not leave the residence or household
6     to avoid further abuse, neglect, or exploitation by
7     respondent;
8         (7) Conduct by any family or household member excused
9     the abuse, neglect, or exploitation by respondent, unless
10     that same conduct would have excused such abuse, neglect,
11     or exploitation if the parties had not been family or
12     household members.
13 (Source: P.A. 95-234, eff. 1-1-08.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     20 ILCS 2605/2605-585 new
4     30 ILCS 105/5.710 new
5     720 ILCS 5/12-30 from Ch. 38, par. 12-30
6     725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
7     730 ILCS 5/5-8A-7 new
8     730 ILCS 5/5-9-1.16 new
9     750 ILCS 60/214 from Ch. 40, par. 2312-14