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Full Text of HB2931  102nd General Assembly

HB2931 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2931

 

Introduced 2/19/2021, by Rep. Chris Bos

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 61/1
750 ILCS 61/5
750 ILCS 61/10
750 ILCS 61/11
750 ILCS 61/15
750 ILCS 61/40

    Amends the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, or Stalking Act. Renames the Act the Address Confidentiality for Victims of Domestic Violence, Human Trafficking, Sexual Assault, or Stalking Act. Defines "human trafficking". Makes the Act's requirements applicable to victims of human trafficking.


LRB102 11385 LNS 16718 b

 

 

A BILL FOR

 

HB2931LRB102 11385 LNS 16718 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Address Confidentiality for Victims of
5Domestic Violence, Sexual Assault, or Stalking Act is amended
6by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
 
7    (750 ILCS 61/1)
8    Sec. 1. Short title. This Act may be cited as the Address
9Confidentiality for Victims of Domestic Violence, Human
10Trafficking, Sexual Assault, or Stalking Act.
11(Source: P.A. 101-270, eff. 1-1-21.)
 
12    (750 ILCS 61/5)
13    Sec. 5. Legislative findings. The General Assembly finds
14that persons attempting to escape from actual or threatened
15domestic violence, human trafficking, sexual assault, or
16stalking frequently establish new addresses in order to
17prevent their assailants or probable assailants from finding
18them. The purpose of this Act is to enable State and local
19agencies to respond to requests for public records without
20disclosing the location of a victim of domestic violence,
21human trafficking, sexual assault, or stalking, to enable
22interagency cooperation with the Attorney General in providing

 

 

HB2931- 2 -LRB102 11385 LNS 16718 b

1address confidentiality for victims of domestic violence,
2human trafficking, sexual assault, or stalking, and to enable
3State and local agencies to accept a program participant's use
4of an address designated by the Attorney General as a
5substitute mailing address.
6(Source: P.A. 101-270, eff. 1-1-21.)
 
7    (750 ILCS 61/10)
8    Sec. 10. Definitions. In this Act, unless the context
9otherwise requires:
10    "Address" means a residential street address, school
11address, or work address of an individual, as specified on the
12individual's application to be a program participant under
13this Act.
14    "Program participant" means a person certified as a
15program participant under this Act.
16    "Domestic violence" has the same meaning as in the
17Illinois Domestic Violence Act of 1986 and includes a threat
18of domestic violence against an individual in a domestic
19situation, regardless of whether the domestic violence or
20threat has been reported to law enforcement officers.
21    "Human trafficking" means the practices set forth in
22subsection (b), (c), or (d) of Section 10-9 of the Criminal
23Code of 2012, regardless of whether the victim has reported
24the trafficking to law enforcement officers.
25    "Sexual assault" has the same meaning as sexual conduct or

 

 

HB2931- 3 -LRB102 11385 LNS 16718 b

1sexual penetration as defined in the Civil No Contact Order
2Act. "Sexual assault" includes a threat of sexual assault,
3regardless of whether the sexual assault or threat has been
4reported to law enforcement officers.
5    "Stalking" has the same meaning as in the Stalking No
6Contact Order Act. "Stalking" includes a threat of stalking,
7regardless of whether the stalking or threat has been reported
8to law enforcement officers.
9(Source: P.A. 101-270, eff. 1-1-21.)
 
10    (750 ILCS 61/11)
11    Sec. 11. Address confidentiality program; administration.
12Subject to appropriations for the purposes of this Act, the
13Attorney General shall administer an address confidentiality
14program for victims of domestic violence, human trafficking,
15sexual assault, or stalking.
16(Source: P.A. 101-270, eff. 1-1-21.)
 
17    (750 ILCS 61/15)
18    Sec. 15. Address confidentiality program; application;
19certification.
20    (a) An adult person, a parent or guardian acting on behalf
21of a minor, or a guardian acting on behalf of a person with a
22disability, as defined in Article 11a of the Probate Act of
231975, may apply to the Attorney General to have an address
24designated by the Attorney General serve as the person's

 

 

HB2931- 4 -LRB102 11385 LNS 16718 b

1address or the address of the minor or person with a
2disability. The Attorney General shall approve an application
3if it is filed in the manner and on the form prescribed by him
4or her and if it contains:
5        (1) a sworn statement by the applicant that the
6    applicant has good reason to believe (i) that the
7    applicant, or the minor or person with a disability on
8    whose behalf the application is made, is a victim of
9    domestic violence, human trafficking, sexual assault, or
10    stalking; and (ii) that the applicant fears for his or her
11    safety or his or her children's safety, or the safety of
12    the minor or person with a disability on whose behalf the
13    application is made;
14        (2) a designation of the Attorney General as agent for
15    purposes of service of process and receipt of mail;
16        (3) the mailing address where the applicant can be
17    contacted by the Attorney General, and the phone number or
18    numbers where the applicant can be called by the Attorney
19    General;
20        (4) the new address or addresses that the applicant
21    requests not be disclosed for the reason that disclosure
22    will increase the risk of domestic violence, human
23    trafficking, sexual assault, or stalking; and
24        (5) the signature of the applicant and of any
25    individual or representative of any office designated in
26    writing under Section 40 of this Act who assisted in the

 

 

HB2931- 5 -LRB102 11385 LNS 16718 b

1    preparation of the application, and the date on which the
2    applicant signed the application.
3    (b) Applications shall be filed with the office of the
4Attorney General.
5    (c) Upon filing a properly completed application, the
6Attorney General shall certify the applicant as a program
7participant. Applicants shall be certified for 4 years
8following the date of filing unless the certification is
9withdrawn or invalidated before that date. The Attorney
10General shall by rule establish a renewal procedure.
11    (d) A person who falsely attests in an application that
12disclosure of the applicant's address would endanger the
13applicant's safety or the safety of the applicant's children
14or the minor or incapacitated person on whose behalf the
15application is made, or who knowingly provides false or
16incorrect information upon making an application, is guilty of
17a Class 3 felony.
18(Source: P.A. 101-270, eff. 1-1-21.)
 
19    (750 ILCS 61/40)
20    Sec. 40. Assistance for program applicants. The Attorney
21General shall designate State and local agencies and nonprofit
22agencies that provide counseling and shelter services to
23victims of domestic violence, human trafficking, sexual
24assault, or stalking to assist persons applying to be program
25participants. Any assistance and counseling rendered by the

 

 

HB2931- 6 -LRB102 11385 LNS 16718 b

1office of the Attorney General or its designees to applicants
2shall in no way be construed as legal advice.
3(Source: P.A. 101-270, eff. 1-1-21.)