Illinois General Assembly - Full Text of HB5581
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Full Text of HB5581  101st General Assembly

HB5581 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5581

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-3  from Ch. 38, par. 112A-3
725 ILCS 5/112A-4  from Ch. 38, par. 112A-4
725 ILCS 5/112A-4.5
725 ILCS 5/112A-5  from Ch. 38, par. 112A-5
725 ILCS 5/115-7.4
725 ILCS 5/115-20
750 ILCS 60/103  from Ch. 40, par. 2311-3
750 ILCS 60/201  from Ch. 40, par. 2312-1

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "domestic violence" includes abuse by a family or household member or by a present or prior dating or sexual partner. Includes in the protections against domestic violence, a present or prior dating or sexual partner, or a present or prior dating or sexual partner of a person related by blood or by a present or prior marriage or civil union. Provides that evidence of a prior conviction of a defendant for aggravated battery committed against a present or prior dating or sexual partner is admissible in a later criminal prosecution for various similar types of offenses when the victim is the same person who was the victim of the previous offense that resulted in conviction of the defendant. Defines "dating or sexual partner".


LRB101 19217 RLC 68681 b

 

 

A BILL FOR

 

HB5581LRB101 19217 RLC 68681 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-3, 112A-4, 112A-4.5, 112A-5,
6115-7.4, and 115-20 as follows:
 
7    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
8    Sec. 112A-3. Definitions.
9    (a) In this Article:
10    "Advocate" means a person whose communications with the
11victim are privileged under Section 8-802.1 or 8-802.2 of the
12Code of Civil Procedure or Section 227 of the Illinois Domestic
13Violence Act of 1986.
14    "Named victim" means the person named as the victim in the
15delinquency petition or criminal prosecution.
16    "Protective order" means a domestic violence order of
17protection, a civil no contact order, or a stalking no contact
18order.
19    (b) For the purposes of domestic violence cases, the
20following terms shall have the following meanings in this
21Article:
22        (1) "Abuse" means physical abuse, harassment,
23    intimidation of a dependent, interference with personal

 

 

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1    liberty or willful deprivation but does not include
2    reasonable direction of a minor child by a parent or person
3    in loco parentis.
4        (2) "Domestic violence" means abuse as described in
5    paragraph (1) of this subsection (b) by a family or
6    household member or by a present or prior dating or sexual
7    partner.
8        (2.1) "Dating or sexual partner" means a present or
9    prior partner in a dating, sexual, or engagement
10    relationship, irrespective of the duration, seriousness,
11    intimacy, or romantic focus of the courtship or
12    relationship.
13        (3) "Family or household members" include spouses,
14    former spouses, present or prior parties to a civil union,
15    parents, children, stepchildren, and other persons related
16    by blood or by present or prior marriage, persons who share
17    or formerly shared a common dwelling, persons who have or
18    allegedly have a child in common, persons who share or
19    allegedly share a blood relationship through a child,
20    persons who have or have had a dating or engagement
21    relationship, persons with disabilities and their personal
22    assistants, and caregivers as defined in subsection (e) of
23    Section 12-4.4a of the Criminal Code of 2012. For purposes
24    of this paragraph (3), neither a casual acquaintanceship
25    nor ordinary fraternization between 2 individuals in
26    business or social contexts shall be deemed to constitute a

 

 

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1    dating relationship.
2        (4) "Harassment" means knowing conduct which is not
3    necessary to accomplish a purpose which is reasonable under
4    the circumstances; would cause a reasonable person
5    emotional distress; and does cause emotional distress to
6    the petitioner. Unless the presumption is rebutted by a
7    preponderance of the evidence, the following types of
8    conduct shall be presumed to cause emotional distress:
9            (i) creating a disturbance at petitioner's place
10        of employment or school;
11            (ii) repeatedly telephoning petitioner's place of
12        employment, home or residence;
13            (iii) repeatedly following petitioner about in a
14        public place or places;
15            (iv) repeatedly keeping petitioner under
16        surveillance by remaining present outside his or her
17        home, school, place of employment, vehicle or other
18        place occupied by petitioner or by peering in
19        petitioner's windows;
20            (v) improperly concealing a minor child from
21        petitioner, repeatedly threatening to improperly
22        remove a minor child of petitioner's from the
23        jurisdiction or from the physical care of petitioner,
24        repeatedly threatening to conceal a minor child from
25        petitioner, or making a single such threat following an
26        actual or attempted improper removal or concealment,

 

 

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1        unless respondent was fleeing from an incident or
2        pattern of domestic violence; or
3            (vi) threatening physical force, confinement or
4        restraint on one or more occasions.
5        (5) "Interference with personal liberty" means
6    committing or threatening physical abuse, harassment,
7    intimidation or willful deprivation so as to compel another
8    to engage in conduct from which she or he has a right to
9    abstain or to refrain from conduct in which she or he has a
10    right to engage.
11        (6) "Intimidation of a dependent" means subjecting a
12    person who is dependent because of age, health, or
13    disability to participation in or the witnessing of:
14    physical force against another or physical confinement or
15    restraint of another which constitutes physical abuse as
16    defined in this Article, regardless of whether the abused
17    person is a family or household member.
18        (7) "Order of protection" or "domestic violence order
19    of protection" means an ex parte or final order, granted
20    pursuant to this Article, which includes any or all of the
21    remedies authorized by Section 112A-14 of this Code.
22        (8) "Petitioner" may mean not only any named petitioner
23    for the domestic violence order of protection and any named
24    victim of abuse on whose behalf the petition is brought,
25    but also any other person protected by this Article.
26        (9) "Physical abuse" includes sexual abuse and means

 

 

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1    any of the following:
2            (i) knowing or reckless use of physical force,
3        confinement or restraint;
4            (ii) knowing, repeated and unnecessary sleep
5        deprivation; or
6            (iii) knowing or reckless conduct which creates an
7        immediate risk of physical harm.
8        (9.3) "Respondent" in a petition for a domestic
9    violence order of protection means the defendant.
10        (9.5) "Stay away" means for the respondent to refrain
11    from both physical presence and nonphysical contact with
12    the petitioner whether direct, indirect (including, but
13    not limited to, telephone calls, mail, email, faxes, and
14    written notes), or through third parties who may or may not
15    know about the domestic violence order of protection.
16        (10) "Willful deprivation" means wilfully denying a
17    person who because of age, health or disability requires
18    medication, medical care, shelter, accessible shelter or
19    services, food, therapeutic device, or other physical
20    assistance, and thereby exposing that person to the risk of
21    physical, mental or emotional harm, except with regard to
22    medical care and treatment when such dependent person has
23    expressed the intent to forgo such medical care or
24    treatment. This paragraph (10) does not create any new
25    affirmative duty to provide support to dependent persons.
26    (c) For the purposes of cases involving sexual offenses,

 

 

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1the following terms shall have the following meanings in this
2Article:
3        (1) "Civil no contact order" means an ex parte or final
4    order granted under this Article, which includes a remedy
5    authorized by Section 112A-14.5 of this Code.
6        (2) "Family or household members" include spouses,
7    parents, children, stepchildren, and persons who share a
8    common dwelling.
9        (3) "Non-consensual" means a lack of freely given
10    agreement.
11        (4) "Petitioner" means not only any named petitioner
12    for the civil no contact order and any named victim of
13    non-consensual sexual conduct or non-consensual sexual
14    penetration on whose behalf the petition is brought, but
15    includes any other person sought to be protected under this
16    Article.
17        (5) "Respondent" in a petition for a civil no contact
18    order means the defendant.
19        (6) "Sexual conduct" means any intentional or knowing
20    touching or fondling by the petitioner or the respondent,
21    either directly or through clothing, of the sex organs,
22    anus, or breast of the petitioner or the respondent, or any
23    part of the body of a child under 13 years of age, or any
24    transfer or transmission of semen by the respondent upon
25    any part of the clothed or unclothed body of the
26    petitioner, for the purpose of sexual gratification or

 

 

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1    arousal of the petitioner or the respondent.
2        (7) "Sexual penetration" means any contact, however
3    slight, between the sex organ or anus of one person by an
4    object, the sex organ, mouth or anus of another person, or
5    any intrusion, however slight, of any part of the body of
6    one person or of any animal or object into the sex organ or
7    anus of another person, including, but not limited to,
8    cunnilingus, fellatio, or anal penetration. Evidence of
9    emission of semen is not required to prove sexual
10    penetration.
11        (8) "Stay away" means to refrain from both physical
12    presence and nonphysical contact with the petitioner
13    directly, indirectly, or through third parties who may or
14    may not know of the order. "Nonphysical contact" includes,
15    but is not limited to, telephone calls, mail, e-mail, fax,
16    and written notes.
17    (d) For the purposes of cases involving stalking offenses,
18the following terms shall have the following meanings in this
19Article:
20        (1) "Course of conduct" means 2 or more acts,
21    including, but not limited to, acts in which a respondent
22    directly, indirectly, or through third parties, by any
23    action, method, device, or means follows, monitors,
24    observes, surveils, threatens, or communicates to or
25    about, a person, engages in other contact, or interferes
26    with or damages a person's property or pet. A course of

 

 

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1    conduct may include contact via electronic communications.
2    The incarceration of a person in a penal institution who
3    commits the course of conduct is not a bar to prosecution.
4        (2) "Emotional distress" means significant mental
5    suffering, anxiety, or alarm.
6        (3) "Contact" includes any contact with the victim,
7    that is initiated or continued without the victim's
8    consent, or that is in disregard of the victim's expressed
9    desire that the contact be avoided or discontinued,
10    including, but not limited to, being in the physical
11    presence of the victim; appearing within the sight of the
12    victim; approaching or confronting the victim in a public
13    place or on private property; appearing at the workplace or
14    residence of the victim; entering onto or remaining on
15    property owned, leased, or occupied by the victim; or
16    placing an object on, or delivering an object to, property
17    owned, leased, or occupied by the victim.
18        (4) "Petitioner" means any named petitioner for the
19    stalking no contact order or any named victim of stalking
20    on whose behalf the petition is brought.
21        (5) "Reasonable person" means a person in the
22    petitioner's circumstances with the petitioner's knowledge
23    of the respondent and the respondent's prior acts.
24        (6) "Respondent" in a petition for a civil no contact
25    order means the defendant.
26        (7) "Stalking" means engaging in a course of conduct

 

 

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1    directed at a specific person, and he or she knows or
2    should know that this course of conduct would cause a
3    reasonable person to fear for his or her safety or the
4    safety of a third person or suffer emotional distress.
5    "Stalking" does not include an exercise of the right to
6    free speech or assembly that is otherwise lawful or
7    picketing occurring at the workplace that is otherwise
8    lawful and arises out of a bona fide labor dispute,
9    including any controversy concerning wages, salaries,
10    hours, working conditions or benefits, including health
11    and welfare, sick leave, insurance, and pension or
12    retirement provisions, the making or maintaining of
13    collective bargaining agreements, and the terms to be
14    included in those agreements.
15        (8) "Stalking no contact order" means an ex parte or
16    final order granted under this Article, which includes a
17    remedy authorized by Section 112A-14.7 of this Code.
18(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
19    (725 ILCS 5/112A-4)  (from Ch. 38, par. 112A-4)
20    Sec. 112A-4. Persons protected by this Article.
21    (a) The following persons are protected by this Article in
22cases involving domestic violence:
23        (1) any person abused by a family or household member
24    or by a present or prior dating or sexual partner, or by a
25    present or prior dating or sexual partner of a person

 

 

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1    related by blood or by a present or prior marriage or civil
2    union;
3        (2) any minor child or dependent adult in the care of
4    such person;
5        (3) any person residing or employed at a private home
6    or public shelter which is housing a person an abused by a
7    family or household member or by a present or prior dating
8    or sexual partner; and
9        (4) any of the following persons if the person is
10    abused by a family or household member or by a present or
11    prior dating or sexual partner of a child:
12            (i) a foster parent of that child if the child has
13        been placed in the foster parent's home by the
14        Department of Children and Family Services or by
15        another state's public child welfare agency;
16            (ii) a legally appointed guardian or legally
17        appointed custodian of that child;
18            (iii) an adoptive parent of that child; or
19            (iv) a prospective adoptive parent of that child if
20        the child has been placed in the prospective adoptive
21        parent's home pursuant to the Adoption Act or pursuant
22        to another state's law.
23        For purposes of this paragraph (a)(4), individuals who
24    would have been considered "family or household members" of
25    the child under paragraph (3) of subsection (b) of Section
26    112A-3 before a termination of the parental rights with

 

 

HB5581- 11 -LRB101 19217 RLC 68681 b

1    respect to the child continue to meet the definition of
2    "family or household members" of the child.
3    (a-5) The following persons are protected by this Article
4in cases involving sexual offenses:
5        (1) any victim of non-consensual sexual conduct or
6    non-consensual sexual penetration on whose behalf the
7    petition is brought;
8        (2) any family or household member of the named victim;
9    and
10        (3) any employee of or volunteer at a rape crisis
11    center.
12    (a-10) The following persons are protected by this Article
13in cases involving stalking offenses:
14        (1) any victim of stalking; and
15        (2) any family or household member of the named victim.
16    (b) (Blank).
17(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19.)
 
18    (725 ILCS 5/112A-4.5)
19    Sec. 112A-4.5. Who may file petition.
20    (a) A petition for a domestic violence order of protection
21may be filed:
22        (1) by a named victim who has been abused by a family
23    or household member or by a present or prior dating or
24    sexual partner;
25        (2) by any person or by the State's Attorney on behalf

 

 

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1    of a named victim who is a minor child or an adult who has
2    been abused by a family or household member or by a present
3    or prior dating or sexual partner and who, because of age,
4    health, disability, or inaccessibility, cannot file the
5    petition;
6        (3) by a State's Attorney on behalf of any minor child
7    or dependent adult in the care of the named victim, if the
8    named victim does not file a petition or request the
9    State's Attorney file the petition; or
10        (4) any of the following persons if the person is
11    abused by a family or household member or by a present or
12    prior dating or sexual partner of a child:
13            (i) a foster parent of that child if the child has
14        been placed in the foster parent's home by the
15        Department of Children and Family Services or by
16        another state's public child welfare agency;
17            (ii) a legally appointed guardian or legally
18        appointed custodian of that child;
19            (iii) an adoptive parent of that child;
20            (iv) a prospective adoptive parent of that child if
21        the child has been placed in the prospective adoptive
22        parent's home pursuant to the Adoption Act or pursuant
23        to another state's law.
24    For purposes of this paragraph (a)(4), individuals who
25would have been considered "family or household members" of the
26child under paragraph (3) of subsection (b) of Section 112A-3

 

 

HB5581- 13 -LRB101 19217 RLC 68681 b

1before a termination of the parental rights with respect to the
2child continue to meet the definition of "family or household
3members" of the child.
4    (b) A petition for a civil no contact order may be filed:
5        (1) by any person who is a named victim of
6    non-consensual sexual conduct or non-consensual sexual
7    penetration, including a single incident of non-consensual
8    sexual conduct or non-consensual sexual penetration;
9        (2) by a person or by the State's Attorney on behalf of
10    a named victim who is a minor child or an adult who is a
11    victim of non-consensual sexual conduct or non-consensual
12    sexual penetration but, because of age, disability,
13    health, or inaccessibility, cannot file the petition; or
14        (3) by a State's Attorney on behalf of any minor child
15    who is a family or household member of the named victim, if
16    the named victim does not file a petition or request the
17    State's Attorney file the petition.
18    (c) A petition for a stalking no contact order may be
19filed:
20        (1) by any person who is a named victim of stalking;
21        (2) by a person or by the State's Attorney on behalf of
22    a named victim who is a minor child or an adult who is a
23    victim of stalking but, because of age, disability, health,
24    or inaccessibility, cannot file the petition; or
25        (3) by a State's Attorney on behalf of any minor child
26    who is a family or household member of the named victim, if

 

 

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1    the named victim does not file a petition or request the
2    State's Attorney file the petition.
3    (d) The State's Attorney shall file a petition on behalf of
4any person who may file a petition under subsections (a), (b),
5or (c) of this Section if the person requests the State's
6Attorney to file a petition on the person's behalf, unless the
7State's Attorney has a good faith basis to delay filing the
8petition. The State's Attorney shall inform the person that the
9State's Attorney will not be filing the petition at that time
10and that the person may file a petition or may retain an
11attorney to file the petition. The State's Attorney may file
12the petition at a later date.
13    (d-5) (1) A person eligible to file a petition under
14subsection (a), (b), or (c) of this Section may retain an
15attorney to represent the petitioner on the petitioner's
16request for a protective order. The attorney's representation
17is limited to matters related to the petition and relief
18authorized under this Article.
19    (2) Advocates shall be allowed to accompany the petitioner
20and confer with the victim, unless otherwise directed by the
21court. Advocates are not engaged in the unauthorized practice
22of law when providing assistance to the petitioner.
23    (e) Any petition properly filed under this Article may seek
24protection for any additional persons protected by this
25Article.
26(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;

 

 

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1100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
2    (725 ILCS 5/112A-5)  (from Ch. 38, par. 112A-5)
3    Sec. 112A-5. Pleading; non-disclosure of address.
4    (a) A petition for a protective order shall be filed in
5conjunction with a delinquency petition or criminal
6prosecution, or in conjunction with imprisonment or a bond
7forfeiture warrant, provided the petition names a victim of the
8alleged crime. The petition may include a request for an ex
9parte protective order, a final protective order, or both. The
10petition shall be in writing and verified or accompanied by
11affidavit and shall allege that:
12        (1) petitioner has been abused by respondent, who is a
13    family or household member or by a present or prior dating
14    or sexual partner;
15        (2) respondent has engaged in non-consensual sexual
16    conduct or non-consensual sexual penetration, including a
17    single incident of non-consensual sexual conduct or
18    non-consensual sexual penetration with petitioner; or
19        (3) petitioner has been stalked by respondent.
20    The petition shall further set forth whether there is any
21other action between the petitioner and respondent. During the
22pendency of this proceeding, the petitioner and respondent have
23a continuing duty to inform the court of any subsequent
24proceeding for a protective order in this State or any other
25state.

 

 

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1    (a-5) The petition shall indicate whether an ex parte
2protective order, a protective order, or both are requested. If
3the respondent receives notice of a petition for a final
4protective order and the respondent requests a continuance to
5respond to the petition, the petitioner may, either orally or
6in writing, request an ex parte order.
7    (b) The petitioner shall not be required to disclose the
8petitioner's address. If the petition states that disclosure of
9petitioner's address would risk abuse to or endanger the safety
10of petitioner or any member of petitioner's family or household
11or reveal the confidential address of a shelter for domestic
12violence victims, that address may be omitted from all
13documents filed with the court.
14(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
15    (725 ILCS 5/115-7.4)
16    Sec. 115-7.4. Evidence in domestic violence cases.
17    (a) In a criminal prosecution in which the defendant is
18accused of an offense of domestic violence as defined in
19Section 112A-3 of this Act or paragraphs (1) and (3) of Section
20103 of the Illinois Domestic Violence Act of 1986, or first
21degree murder or second degree murder when the commission of
22the offense involves domestic violence, evidence of the
23defendant's commission of another offense or offenses of
24domestic violence is admissible, and may be considered for its
25bearing on any matter to which it is relevant.

 

 

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1    (b) In weighing the probative value of the evidence against
2undue prejudice to the defendant, the court may consider:
3        (1) the proximity in time to the charged or predicate
4    offense;
5        (2) the degree of factual similarity to the charged or
6    predicate offense; or
7        (3) other relevant facts and circumstances.
8    (c) In a criminal case in which the prosecution intends to
9offer evidence under this Section, it must disclose the
10evidence, including statements of witnesses or a summary of the
11substance of any testimony, at a reasonable time in advance of
12trial, or during trial if the court excuses pretrial notice on
13good cause shown.
14    (d) In a criminal case in which evidence is offered under
15this Section, proof may be made by specific instances of
16conduct, testimony as to reputation, or testimony in the form
17of an expert opinion, except that the prosecution may offer
18reputation testimony only after the opposing party has offered
19that testimony.
20(Source: P.A. 97-1036, eff. 8-20-12.)
 
21    (725 ILCS 5/115-20)
22    Sec. 115-20. Evidence of prior conviction.
23    (a) Evidence of a prior conviction of a defendant for
24domestic battery, aggravated battery committed against a
25family or household member or a present or prior dating or

 

 

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1sexual partner as defined in Section 112A-3, stalking,
2aggravated stalking, or violation of an order of protection is
3admissible in a later criminal prosecution for any of these
4types of offenses when the victim is the same person who was
5the victim of the previous offense that resulted in conviction
6of the defendant.
7    (b) If the defendant is accused of an offense set forth in
8subsection (a) or the defendant is tried or retried for any of
9the offenses set forth in subsection (a), evidence of the
10defendant's conviction for another offense or offenses set
11forth in subsection (a) may be admissible (if that evidence is
12otherwise admissible under the rules of evidence) and may be
13considered for its bearing on any matter to which it is
14relevant if the victim is the same person who was the victim of
15the previous offense that resulted in conviction of the
16defendant.
17    (c) In weighing the probative value of the evidence against
18undue prejudice to the defendant, the court may consider:
19        (1) the proximity in time to the charged or predicate
20    offense;
21        (2) the degree of factual similarity to the charged or
22    predicate offense; or
23        (3) other relevant facts and circumstances.
24    (d) In a criminal case in which the prosecution intends to
25offer evidence under this Section, it must disclose the
26evidence, including statements of witnesses or a summary of the

 

 

HB5581- 19 -LRB101 19217 RLC 68681 b

1substance of any testimony, at a reasonable time in advance of
2trial, or during trial if the court excuses pretrial notice on
3good cause shown.
4    (e) In a criminal case in which evidence is offered under
5this Section, proof may be made by specific instances of
6conduct as evidenced by proof of conviction, testimony as to
7reputation, or testimony in the form of an expert opinion,
8except that the prosecution may offer reputation testimony only
9after the opposing party has offered that testimony.
10(Source: P.A. 90-387, eff. 1-1-98.)
 
11    Section 10. The Illinois Domestic Violence Act of 1986 is
12amended by changing Sections 103 and 201 as follows:
 
13    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
14    Sec. 103. Definitions. For the purposes of this Act, the
15following terms shall have the following meanings:
16    (1) "Abuse" means physical abuse, harassment, intimidation
17of a dependent, interference with personal liberty or willful
18deprivation but does not include reasonable direction of a
19minor child by a parent or person in loco parentis.
20    (2) "Adult with disabilities" means an elder adult with
21disabilities or a high-risk adult with disabilities. A person
22may be an adult with disabilities for purposes of this Act even
23though he or she has never been adjudicated an incompetent
24adult. However, no court proceeding may be initiated or

 

 

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1continued on behalf of an adult with disabilities over that
2adult's objection, unless such proceeding is approved by his or
3her legal guardian, if any.
4    (3) "Domestic violence" means abuse as defined in paragraph
5(1) by a family or household member or by a present or prior
6dating or sexual partner.
7    (4) "Elder adult with disabilities" means an adult
8prevented by advanced age from taking appropriate action to
9protect himself or herself from abuse by a family or household
10member or by a present or prior dating or sexual partner.
11    (5) "Exploitation" means the illegal, including tortious,
12use of a high-risk adult with disabilities or of the assets or
13resources of a high-risk adult with disabilities. Exploitation
14includes, but is not limited to, the misappropriation of assets
15or resources of a high-risk adult with disabilities by undue
16influence, by breach of a fiduciary relationship, by fraud,
17deception, or extortion, or the use of such assets or resources
18in a manner contrary to law.
19    (6) "Family or household members" include spouses, former
20spouses, present or prior parties to a civil union, parents,
21children, stepchildren and other persons related by blood or by
22present or prior marriage or civil union, persons who share or
23formerly shared a common dwelling, persons who have or
24allegedly have a child in common, persons who share or
25allegedly share a blood relationship through a child, persons
26who have or have had a dating or engagement relationship,

 

 

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1persons with disabilities and their personal assistants, and
2caregivers as defined in Section 12-4.4a of the Criminal Code
3of 2012. For purposes of this paragraph, neither a casual
4acquaintanceship nor ordinary fraternization between 2
5individuals in business or social contexts shall be deemed to
6constitute a dating relationship. In the case of a high-risk
7adult with disabilities, "family or household members"
8includes any person who has the responsibility for a high-risk
9adult as a result of a family relationship or who has assumed
10responsibility for all or a portion of the care of a high-risk
11adult with disabilities voluntarily, or by express or implied
12contract, or by court order.
13    (7) "Harassment" means knowing conduct which is not
14necessary to accomplish a purpose that is reasonable under the
15circumstances; would cause a reasonable person emotional
16distress; and does cause emotional distress to the petitioner.
17Unless the presumption is rebutted by a preponderance of the
18evidence, the following types of conduct shall be presumed to
19cause emotional distress:
20        (i) creating a disturbance at petitioner's place of
21    employment or school;
22        (ii) repeatedly telephoning petitioner's place of
23    employment, home or residence;
24        (iii) repeatedly following petitioner about in a
25    public place or places;
26        (iv) repeatedly keeping petitioner under surveillance

 

 

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1    by remaining present outside his or her home, school, place
2    of employment, vehicle or other place occupied by
3    petitioner or by peering in petitioner's windows;
4        (v) improperly concealing a minor child from
5    petitioner, repeatedly threatening to improperly remove a
6    minor child of petitioner's from the jurisdiction or from
7    the physical care of petitioner, repeatedly threatening to
8    conceal a minor child from petitioner, or making a single
9    such threat following an actual or attempted improper
10    removal or concealment, unless respondent was fleeing an
11    incident or pattern of domestic violence; or
12        (vi) threatening physical force, confinement or
13    restraint on one or more occasions.
14    (8) "High-risk adult with disabilities" means a person aged
1518 or over whose physical or mental disability impairs his or
16her ability to seek or obtain protection from abuse, neglect,
17or exploitation.
18    (9) "Interference with personal liberty" means committing
19or threatening physical abuse, harassment, intimidation or
20willful deprivation so as to compel another to engage in
21conduct from which she or he has a right to abstain or to
22refrain from conduct in which she or he has a right to engage.
23    (10) "Intimidation of a dependent" means subjecting a
24person who is dependent because of age, health or disability to
25participation in or the witnessing of: physical force against
26another or physical confinement or restraint of another which

 

 

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1constitutes physical abuse as defined in this Act, regardless
2of whether the abused person is a family or household member.
3    (11) (A) "Neglect" means the failure to exercise that
4degree of care toward a high-risk adult with disabilities which
5a reasonable person would exercise under the circumstances and
6includes but is not limited to:
7        (i) the failure to take reasonable steps to protect a
8    high-risk adult with disabilities from acts of abuse;
9        (ii) the repeated, careless imposition of unreasonable
10    confinement;
11        (iii) the failure to provide food, shelter, clothing,
12    and personal hygiene to a high-risk adult with disabilities
13    who requires such assistance;
14        (iv) the failure to provide medical and rehabilitative
15    care for the physical and mental health needs of a
16    high-risk adult with disabilities; or
17        (v) the failure to protect a high-risk adult with
18    disabilities from health and safety hazards.
19    (B) Nothing in this subsection (10) shall be construed to
20impose a requirement that assistance be provided to a high-risk
21adult with disabilities over his or her objection in the
22absence of a court order, nor to create any new affirmative
23duty to provide support to a high-risk adult with disabilities.
24    (12) "Order of protection" means an emergency order,
25interim order or plenary order, granted pursuant to this Act,
26which includes any or all of the remedies authorized by Section

 

 

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1214 of this Act.
2    (13) "Petitioner" may mean not only any named petitioner
3for the order of protection and any named victim of abuse on
4whose behalf the petition is brought, but also any other person
5protected by this Act.
6    (14) "Physical abuse" includes sexual abuse and means any
7of the following:
8        (i) knowing or reckless use of physical force,
9    confinement or restraint;
10        (ii) knowing, repeated and unnecessary sleep
11    deprivation; or
12        (iii) knowing or reckless conduct which creates an
13    immediate risk of physical harm.
14    (14.5) "Stay away" means for the respondent to refrain from
15both physical presence and nonphysical contact with the
16petitioner whether direct, indirect (including, but not
17limited to, telephone calls, mail, email, faxes, and written
18notes), or through third parties who may or may not know about
19the order of protection.
20    (15) "Willful deprivation" means wilfully denying a person
21who because of age, health or disability requires medication,
22medical care, shelter, accessible shelter or services, food,
23therapeutic device, or other physical assistance, and thereby
24exposing that person to the risk of physical, mental or
25emotional harm, except with regard to medical care or treatment
26when the dependent person has expressed an intent to forgo such

 

 

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1medical care or treatment. This paragraph does not create any
2new affirmative duty to provide support to dependent persons.
3(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
4    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
5    Sec. 201. Persons protected by this Act.
6    (a) The following persons are protected by this Act:
7        (i) any person abused by a family or household member
8    or by a present or prior dating or sexual partner, or by a
9    present or prior dating or sexual partner of a person
10    related by blood or by a present or prior marriage or civil
11    union;
12        (ii) any high-risk adult with disabilities who is
13    abused, neglected, or exploited by a family or household
14    member or by a present or prior dating or sexual partner;
15        (iii) any minor child or dependent adult in the care of
16    such person;
17        (iv) any person residing or employed at a private home
18    or public shelter which is housing a person an abused by a
19    family or household member or by a present or prior dating
20    or sexual partner; and
21        (v) any of the following persons if the person is
22    abused by a family or household member or a present or
23    prior dating or sexual partner of a child:
24            (A) a foster parent of that child if the child has
25        been placed in the foster parent's home by the

 

 

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1        Department of Children and Family Services or by
2        another state's public child welfare agency;
3            (B) a legally appointed guardian or legally
4        appointed custodian of that child;
5            (C) an adoptive parent of that child; or
6            (D) a prospective adoptive parent of that child if
7        the child has been placed in the prospective adoptive
8        parent's home pursuant to the Adoption Act or pursuant
9        to another state's law.
10        For purposes of this paragraph (a)(v), individuals who
11    would have been considered "family or household members" of
12    the child under subsection (6) of Section 103 of this Act
13    before a termination of the parental rights with respect to
14    the child continue to meet the definition of "family or
15    household members" of the child.
16    (b) A petition for an order of protection may be filed
17only:
18        (i) by a person who has been abused by a family or
19    household member or by a present or prior dating or sexual
20    partner, or by any person on behalf of a minor child or an
21    adult who has been abused by a family or household member
22    or by a present or prior dating or sexual partner and who,
23    because of age, health, disability, or inaccessibility,
24    cannot file the petition;
25        (ii) by any person on behalf of a high-risk adult with
26    disabilities who has been abused, neglected, or exploited

 

 

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1    by a family or household member or by a present or prior
2    dating or sexual partner; or
3        (iii) any of the following persons if the person is
4    abused by a family or household member or by a present or
5    prior dating or sexual partner of a child:
6            (A) a foster parent of that child if the child has
7        been placed in the foster parent's home by the
8        Department of Children and Family Services or by
9        another state's public child welfare agency;
10            (B) a legally appointed guardian or legally
11        appointed custodian of that child;
12            (C) an adoptive parent of that child;
13            (D) a prospective adoptive parent of that child if
14        the child has been placed in the prospective adoptive
15        parent's home pursuant to the Adoption Act or pursuant
16        to another state's law.
17        For purposes of this paragraph (b)(iii), individuals
18    who would have been considered "family or household
19    members" of the child under subsection (6) of Section 103
20    of this Act before a termination of the parental rights
21    with respect to the child continue to meet the definition
22    of "family or household members" of the child.
23    (c) Any petition properly filed under this Act may seek
24protection for any additional persons protected by this Act.
25    (d) For purposes of this Act, "dating or sexual partner"
26means a present or prior partner in a dating, sexual, or

 

 

HB5581- 28 -LRB101 19217 RLC 68681 b

1engagement relationship, irrespective of the duration,
2seriousness, intimacy, or romantic focus of the courtship or
3relationship.
4(Source: P.A. 100-639, eff. 1-1-19.)