Illinois General Assembly - Full Text of HB3686
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Full Text of HB3686  102nd General Assembly

HB3686 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3686

 

Introduced 2/22/2021, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-6  from Ch. 38, par. 24-6
725 ILCS 5/112A-14  from Ch. 38, par. 112A-14
750 ILCS 60/214  from Ch. 40, par. 2312-14
765 ILCS 1030/2  from Ch. 141, par. 142

    Amends the Criminal Code of 2012. Provides that after the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, a weapon transferred to a law enforcement agency may be sold by the law enforcement agency at public auction under the Law Enforcement Disposition of Property Act. Amends the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that upon expiration of the period of safekeeping of a firearm of a respondent against whom an order of protection was issued, if the firearms or Firearm Owner's Identification Card cannot be returned to respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to sell the firearm at public auction under the provisions of the Law Enforcement Disposition of Property Act. Amends the Law Enforcement Disposition of Property Act. Provides that weapons that have been confiscated as a result of having been abandoned or illegally possessed may be sold at public auction under the Act.


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A BILL FOR

 

HB3686LRB102 14582 KMF 19935 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-6 as follows:
 
6    (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)
7    Sec. 24-6. Confiscation and disposition of weapons.
8    (a) Upon conviction of an offense in which a weapon was
9used or possessed by the offender, any weapon seized shall be
10confiscated by the trial court.
11    (b) Any stolen weapon so confiscated, when no longer
12needed for evidentiary purposes, shall be returned to the
13person entitled to possession, if known. After the disposition
14of a criminal case or in any criminal case where a final
15judgment in the case was not entered due to the death of the
16defendant, and when a confiscated weapon is no longer needed
17for evidentiary purposes, and when in due course no legitimate
18claim has been made for the weapon, the court may transfer the
19weapon to the sheriff of the county who may proceed to destroy
20it, or may in its discretion order the weapon preserved as
21property of the governmental body whose police agency seized
22the weapon, or may in its discretion order the weapon to be
23transferred to the Department of State Police for use by the

 

 

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1crime laboratory system, for training purposes, or for any
2other application as deemed appropriate by the Department. A
3weapon transferred to a law enforcement agency under this
4Section may be sold by the law enforcement agency at public
5auction under Section 3 of the Law Enforcement Disposition of
6Property Act. If, after the disposition of a criminal case, a
7need still exists for the use of the confiscated weapon for
8evidentiary purposes, the court may transfer the weapon to the
9custody of the State Department of Corrections for
10preservation. The court may not order the transfer of the
11weapon to any private individual or private organization other
12than to return a stolen weapon to its rightful owner.
13    The provisions of this Section shall not apply to
14violations of the Fish and Aquatic Life Code or the Wildlife
15Code. Confiscation of weapons for Fish and Aquatic Life Code
16and Wildlife Code violations shall be only as provided in
17those Codes.
18    (c) Any mental hospital that admits a person as an
19inpatient pursuant to any of the provisions of the Mental
20Health and Developmental Disabilities Code shall confiscate
21any firearms in the possession of that person at the time of
22admission, or at any time the firearms are discovered in the
23person's possession during the course of hospitalization. The
24hospital shall, as soon as possible following confiscation,
25transfer custody of the firearms to the appropriate law
26enforcement agency. The hospital shall give written notice to

 

 

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1the person from whom the firearm was confiscated of the
2identity and address of the law enforcement agency to which it
3has given the firearm.
4    The law enforcement agency shall maintain possession of
5any firearm it obtains pursuant to this subsection for a
6minimum of 90 days. Thereafter, the firearm may be disposed of
7pursuant to the provisions of subsection (b) of this Section.
8(Source: P.A. 91-696, eff. 4-13-00.)
 
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Section 112A-14 as follows:
 
11    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
12    Sec. 112A-14. Domestic violence order of protection;
13remedies.
14    (a) (Blank).
15    (b) The court may order any of the remedies listed in this
16subsection (b). The remedies listed in this subsection (b)
17shall be in addition to other civil or criminal remedies
18available to petitioner.
19        (1) Prohibition of abuse. Prohibit respondent's
20    harassment, interference with personal liberty,
21    intimidation of a dependent, physical abuse, or willful
22    deprivation, as defined in this Article, if such abuse has
23    occurred or otherwise appears likely to occur if not
24    prohibited.

 

 

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1        (2) Grant of exclusive possession of residence.
2    Prohibit respondent from entering or remaining in any
3    residence, household, or premises of the petitioner,
4    including one owned or leased by respondent, if petitioner
5    has a right to occupancy thereof. The grant of exclusive
6    possession of the residence, household, or premises shall
7    not affect title to real property, nor shall the court be
8    limited by the standard set forth in subsection (c-2) of
9    Section 501 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)
23        the 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
23    person protected by the domestic violence order of
24    protection, or prohibit respondent from entering or
25    remaining present at petitioner's school, place of
26    employment, or other specified places at times when

 

 

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1    petitioner is present, or both, if reasonable, given the
2    balance of hardships. Hardships need not be balanced for
3    the court to enter a stay away order or prohibit entry if
4    respondent has no right to enter the premises.
5            (A) If a domestic violence order of protection
6        grants petitioner exclusive possession of the
7        residence, prohibits respondent from entering the
8        residence, or orders respondent to stay away from
9        petitioner or other protected persons, then the court
10        may allow respondent access to the residence to remove
11        items of clothing and personal adornment used
12        exclusively by respondent, medications, and other
13        items as the court directs. The right to access shall
14        be exercised on only one occasion as the court directs
15        and in the presence of an agreed-upon adult third
16        party or law enforcement officer.
17            (B) When the petitioner and the respondent attend
18        the same public, private, or non-public elementary,
19        middle, or high school, the court when issuing a
20        domestic violence order of protection and providing
21        relief shall consider the severity of the act, any
22        continuing physical danger or emotional distress to
23        the petitioner, the educational rights guaranteed to
24        the petitioner and respondent under federal and State
25        law, the availability of a transfer of the respondent
26        to another school, a change of placement or a change of

 

 

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

 

 

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1        transfer, change of placement, or change of program.
2        When a court orders a respondent to stay away from the
3        public, private, or non-public school attended by the
4        petitioner and the respondent requests a transfer to
5        another attendance center within the respondent's
6        school district or private or non-public school, the
7        school district or private or non-public school shall
8        have sole discretion to determine the attendance
9        center to which the respondent is transferred. If the
10        court order results in a transfer of the minor
11        respondent to another attendance center, a change in
12        the respondent's placement, or a change of the
13        respondent's program, the parents, guardian, or legal
14        custodian of the respondent is responsible for
15        transportation and other costs associated with the
16        transfer or change.
17            (C) The court may order the parents, guardian, or
18        legal custodian of a minor respondent to take certain
19        actions or to refrain from taking certain actions to
20        ensure that the respondent complies with the order. If
21        the court orders a transfer of the respondent to
22        another school, the parents, guardian, or legal
23        custodian of the respondent is responsible for
24        transportation and other costs associated with the
25        change of school by the respondent.
26        (4) Counseling. Require or recommend the respondent to

 

 

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1    undergo counseling for a specified duration with a social
2    worker, psychologist, clinical psychologist,
3    psychiatrist, family service agency, alcohol or substance
4    abuse program, mental health center guidance counselor,
5    agency providing services to elders, program designed for
6    domestic violence abusers, or any other guidance service
7    the court deems appropriate. The court may order the
8    respondent in any intimate partner relationship to report
9    to an Illinois Department of Human Services protocol
10    approved partner abuse intervention program for an
11    assessment and to follow all recommended treatment.
12        (5) Physical care and possession of the minor child.
13    In order to protect the minor child from abuse, neglect,
14    or unwarranted separation from the person who has been the
15    minor child's primary caretaker, or to otherwise protect
16    the well-being of the minor child, the court may do either
17    or both of the following: (i) grant petitioner physical
18    care or possession of the minor child, or both, or (ii)
19    order respondent to return a minor child to, or not remove
20    a minor child from, the physical care of a parent or person
21    in loco parentis.
22        If the respondent is charged with abuse (as defined in
23    Section 112A-3 of this Code) of a minor child, there shall
24    be a rebuttable presumption that awarding physical care to
25    respondent would not be in the minor child's best
26    interest.

 

 

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1        (6) Temporary allocation of parental responsibilities
2    and significant decision-making responsibilities. Award
3    temporary significant decision-making responsibility to
4    petitioner in accordance with this Section, the Illinois
5    Marriage and Dissolution of Marriage Act, the Illinois
6    Parentage Act of 2015, and this State's Uniform
7    Child-Custody Jurisdiction and Enforcement Act.
8        If the respondent is charged with abuse (as defined in
9    Section 112A-3 of this Code) of a minor child, there shall
10    be a rebuttable presumption that awarding temporary
11    significant decision-making responsibility to respondent
12    would not be in the child's best interest.
13        (7) Parenting time. Determine the parenting time, if
14    any, of respondent in any case in which the court awards
15    physical care or temporary significant decision-making
16    responsibility of a minor child to petitioner. The court
17    shall restrict or deny respondent's parenting time with a
18    minor child if the court finds that respondent has done or
19    is likely to do any of the following:
20            (i) abuse or endanger the minor child during
21        parenting time;
22            (ii) use the parenting time as an opportunity to
23        abuse or harass petitioner or petitioner's family or
24        household members;
25            (iii) improperly conceal or detain the minor
26        child; or

 

 

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1            (iv) otherwise act in a manner that is not in the
2        best interests of the minor child.
3        The court shall not be limited by the standards set
4    forth in Section 603.10 of the Illinois Marriage and
5    Dissolution of Marriage Act. If the court grants parenting
6    time, the order shall specify dates and times for the
7    parenting time to take place or other specific parameters
8    or conditions that are appropriate. No order for parenting
9    time shall refer merely to the term "reasonable parenting
10    time". Petitioner may deny respondent access to the minor
11    child if, when respondent arrives for parenting time,
12    respondent is under the influence of drugs or alcohol and
13    constitutes a threat to the safety and well-being of
14    petitioner or petitioner's minor children or is behaving
15    in a violent or abusive manner. If necessary to protect
16    any member of petitioner's family or household from future
17    abuse, respondent shall be prohibited from coming to
18    petitioner's residence to meet the minor child for
19    parenting time, and the petitioner and respondent shall
20    submit to the court their recommendations for reasonable
21    alternative arrangements for parenting time. A person may
22    be approved to supervise parenting time only after filing
23    an affidavit accepting that responsibility and
24    acknowledging accountability to the court.
25        (8) Removal or concealment of minor child. Prohibit
26    respondent from removing a minor child from the State or

 

 

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1    concealing the child within the State.
2        (9) Order to appear. Order the respondent to appear in
3    court, alone or with a minor child, to prevent abuse,
4    neglect, removal or concealment of the child, to return
5    the child to the custody or care of the petitioner, or to
6    permit any court-ordered interview or examination of the
7    child or the respondent.
8        (10) Possession of personal property. Grant petitioner
9    exclusive possession of personal property and, if
10    respondent has possession or control, direct respondent to
11    promptly make it available to petitioner, if:
12            (i) petitioner, but not respondent, owns the
13        property; or
14            (ii) the petitioner and respondent own the
15        property jointly; sharing it would risk abuse of
16        petitioner by respondent or is impracticable; and the
17        balance of hardships favors temporary possession by
18        petitioner.
19        If petitioner's sole claim to ownership of the
20    property is that it is marital property, the court may
21    award petitioner temporary possession thereof under the
22    standards of subparagraph (ii) of this paragraph only if a
23    proper proceeding has been filed under the Illinois
24    Marriage and Dissolution of Marriage Act, as now or
25    hereafter amended.
26        No order under this provision shall affect title to

 

 

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1    property.
2        (11) Protection of property. Forbid the respondent
3    from taking, transferring, encumbering, concealing,
4    damaging, or otherwise disposing of any real or personal
5    property, except as explicitly authorized by the court,
6    if:
7            (i) petitioner, but not respondent, owns the
8        property; or
9            (ii) the petitioner and respondent own the
10        property jointly, and the balance of hardships favors
11        granting this remedy.
12        If petitioner's sole claim to ownership of the
13    property is that it is marital property, the court may
14    grant petitioner relief under subparagraph (ii) of this
15    paragraph only if a proper proceeding has been filed under
16    the Illinois Marriage and Dissolution of Marriage Act, as
17    now or hereafter amended.
18        The court may further prohibit respondent from
19    improperly using the financial or other resources of an
20    aged member of the family or household for the profit or
21    advantage of respondent or of any other person.
22        (11.5) Protection of animals. Grant the petitioner the
23    exclusive care, custody, or control of any animal owned,
24    possessed, leased, kept, or held by either the petitioner
25    or the respondent or a minor child residing in the
26    residence or household of either the petitioner or the

 

 

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

 

 

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

 

 

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1        domestic violence order of protection issued under
2        this Code may not lawfully possess weapons under
3        Section 8.2 of the Firearm Owners Identification Card
4        Act.
5            (B) Any firearms in the possession of the
6        respondent, except as provided in subparagraph (C) of
7        this paragraph (14.5), shall be ordered by the court
8        to be turned over to a person with a valid Firearm
9        Owner's Identification Card for safekeeping. The court
10        shall issue an order that the respondent's Firearm
11        Owner's Identification Card be turned over to the
12        local law enforcement agency, which in turn shall
13        immediately mail the card to the Department of State
14        Police Firearm Owner's Identification Card Office for
15        safekeeping. The period of safekeeping shall be for
16        the duration of the domestic violence order of
17        protection. The firearm or firearms and Firearm
18        Owner's Identification Card, if unexpired, shall at
19        the respondent's request be returned to the respondent
20        at expiration of the domestic violence order of
21        protection.
22            (C) If the respondent is a peace officer as
23        defined in Section 2-13 of the Criminal Code of 2012,
24        the court shall order that any firearms used by the
25        respondent in the performance of his or her duties as a
26        peace officer be surrendered to the chief law

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    affirmation the existence of a father and child
2    relationship. Absent such an adjudication, no putative
3    father shall be granted temporary allocation of parental
4    responsibilities, including parenting time with the minor
5    child, or physical care and possession of the minor child,
6    nor shall an order of payment for support of the minor
7    child be entered.
8    (d) Balance of hardships; findings. If the court finds
9that the balance of hardships does not support the granting of
10a remedy governed by paragraph (2), (3), (10), (11), or (16) of
11subsection (b) of this Section, which may require such
12balancing, the court's findings shall so indicate and shall
13include a finding as to whether granting the remedy will
14result in hardship to respondent that would substantially
15outweigh the hardship to petitioner from denial of the remedy.
16The findings shall be an official record or in writing.
17    (e) Denial of remedies. Denial of any remedy shall not be
18based, 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 7 of the Criminal Code of 2012;
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 7 of the Criminal Code
26    of 2012;

 

 

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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
4    avoid further abuse by respondent;
5        (6) petitioner did not leave the residence or
6    household to avoid further abuse by respondent; or
7        (7) conduct by any family or household member excused
8    the abuse by respondent, unless that same conduct would
9    have excused such abuse if the parties had not been family
10    or household members.
11(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
12100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
131-1-19; 101-81, eff. 7-12-19.)
 
14    Section 15. The Illinois Domestic Violence Act of 1986 is
15amended by changing Section 214 as follows:
 
16    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
17    Sec. 214. Order of protection; remedies.
18    (a) Issuance of order. If the court finds that petitioner
19has been abused by a family or household member or that
20petitioner is a high-risk adult who has been abused,
21neglected, or exploited, as defined in this Act, an order of
22protection prohibiting the abuse, neglect, or exploitation
23shall issue; provided that petitioner must also satisfy the
24requirements of one of the following Sections, as appropriate:

 

 

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1Section 217 on emergency orders, Section 218 on interim
2orders, or Section 219 on plenary orders. Petitioner shall not
3be denied an order of protection because petitioner or
4respondent is a minor. The court, when determining whether or
5not to issue an order of protection, shall not require
6physical manifestations of abuse on the person of the victim.
7Modification and extension of prior orders of protection shall
8be in accordance with this Act.
9    (b) Remedies and standards. The remedies to be included in
10an order of protection shall be determined in accordance with
11this Section and one of the following Sections, as
12appropriate: Section 217 on emergency orders, Section 218 on
13interim orders, and Section 219 on plenary orders. The
14remedies listed in this subsection shall be in addition to
15other civil or criminal remedies available to petitioner.
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 2012, 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, household, or premises of the petitioner,
2    including one owned or leased by respondent, if petitioner
3    has a right to occupancy thereof. The grant of exclusive
4    possession of the residence, household, or premises shall
5    not affect title to real property, nor shall the court be
6    limited by the standard set forth in subsection (c-2) of
7    Section 501 of the Illinois Marriage and Dissolution of
8    Marriage Act.
9            (A) Right to occupancy. A party has a right to
10        occupancy of a residence or household if it is solely
11        or jointly owned or leased by that party, that party's
12        spouse, a person with a legal duty to support that
13        party or a minor child in that party's care, or by any
14        person or entity other than the opposing party that
15        authorizes that party's occupancy (e.g., a domestic
16        violence shelter). Standards set forth in subparagraph
17        (B) shall not preclude equitable relief.
18            (B) Presumption of hardships. If petitioner and
19        respondent each has the right to occupancy of a
20        residence or household, the court shall balance (i)
21        the hardships to respondent and any minor child or
22        dependent adult in respondent's care resulting from
23        entry of this remedy with (ii) the hardships to
24        petitioner and any minor child or dependent adult in
25        petitioner's care resulting from continued exposure to
26        the risk of abuse (should petitioner remain at the

 

 

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

 

 

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1    stay away order or prohibit entry if respondent has no
2    right to enter the premises.
3            (A) If an order of protection grants petitioner
4        exclusive possession of the residence, or prohibits
5        respondent from entering the residence, or orders
6        respondent to stay away from petitioner or other
7        protected persons, then the court may allow respondent
8        access to the residence to remove items of clothing
9        and personal adornment used exclusively by respondent,
10        medications, and other items as the court directs. The
11        right to access shall be exercised on only one
12        occasion as the court directs and in the presence of an
13        agreed-upon adult third party or law enforcement
14        officer.
15            (B) When the petitioner and the respondent attend
16        the same public, private, or non-public elementary,
17        middle, or high school, the court when issuing an
18        order of protection and providing relief shall
19        consider the severity of the act, any continuing
20        physical danger or emotional distress to the
21        petitioner, the educational rights guaranteed to the
22        petitioner and respondent under federal and State law,
23        the availability of a transfer of the respondent to
24        another school, a change of placement or a change of
25        program of the respondent, the expense, difficulty,
26        and educational disruption that would be caused by a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    if:
2            (i) petitioner, but not respondent, owns the
3        property; or
4            (ii) the parties own the property jointly, and the
5        balance of hardships favors granting this remedy.
6        If petitioner's sole claim to ownership of the
7    property is that it is marital property, the court may
8    grant petitioner relief under subparagraph (ii) of this
9    paragraph only if a proper proceeding has been filed under
10    the Illinois Marriage and Dissolution of Marriage Act, as
11    now or hereafter amended.
12        The court may further prohibit respondent from
13    improperly using the financial or other resources of an
14    aged member of the family or household for the profit or
15    advantage of respondent or of any other person.
16        (11.5) Protection of animals. Grant the petitioner the
17    exclusive care, custody, or control of any animal owned,
18    possessed, leased, kept, or held by either the petitioner
19    or the respondent or a minor child residing in the
20    residence or household of either the petitioner or the
21    respondent and order the respondent to stay away from the
22    animal and forbid the respondent from taking,
23    transferring, encumbering, concealing, harming, or
24    otherwise disposing of the animal.
25        (12) Order for payment of support. Order respondent to
26    pay temporary support for the petitioner or any child in

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        under the provisions of the Law Enforcement
2        Disposition of Property Act; or that the firearms be
3        turned over to a third party who is lawfully eligible
4        to possess firearms, and who does not reside with
5        respondent.
6        (15) Prohibition of access to records. If an order of
7    protection prohibits respondent from having contact with
8    the minor child, or if petitioner's address is omitted
9    under subsection (b) of Section 203, or if necessary to
10    prevent abuse or wrongful removal or concealment of a
11    minor child, the order shall deny respondent access to,
12    and prohibit respondent from inspecting, obtaining, or
13    attempting to inspect or obtain, school or any other
14    records of the minor child who is in the care of
15    petitioner.
16        (16) Order for payment of shelter services. Order
17    respondent to reimburse a shelter providing temporary
18    housing and counseling services to the petitioner for the
19    cost of the services, as certified by the shelter and
20    deemed reasonable by the court.
21        (17) Order for injunctive relief. Enter injunctive
22    relief necessary or appropriate to prevent further abuse
23    of a family or household member or further abuse, neglect,
24    or exploitation of a high-risk adult with disabilities or
25    to effectuate one of the granted remedies, if supported by
26    the balance of hardships. If the harm to be prevented by

 

 

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

 

 

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

 

 

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

 

 

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1        wireless telephone service providers and the Circuit
2        Court Clerks on the manner in which this information
3        is provided and displayed.
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
16        of petitioner's or respondent's family or household;
17        and
18            (ii) the danger that any minor child will be
19        abused or neglected or improperly relocated from the
20        jurisdiction, improperly concealed within the State or
21        improperly separated from the child's primary
22        caretaker.
23        (2) In comparing relative hardships resulting to the
24    parties from loss of possession of the family home, the
25    court shall consider relevant factors, including but not
26    limited to the following:

 

 

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

 

 

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1        When a verified petition for an emergency order of
2    protection in accordance with the requirements of Sections
3    203 and 217 is presented to the court, the court shall
4    examine petitioner on oath or affirmation. An emergency
5    order of protection shall be issued by the court if it
6    appears from the contents of the petition and the
7    examination of petitioner that the averments are
8    sufficient to indicate abuse by respondent and to support
9    the granting of relief under the issuance of the emergency
10    order of protection.
11        (5) Never married parties. No rights or
12    responsibilities for a minor child born outside of
13    marriage attach to a putative father until a father and
14    child relationship has been established under the Illinois
15    Parentage Act of 1984, the Illinois Parentage Act of 2015,
16    the Illinois Public Aid Code, Section 12 of the Vital
17    Records Act, the Juvenile Court Act of 1987, the Probate
18    Act of 1975, the Revised Uniform Reciprocal Enforcement of
19    Support Act, the Uniform Interstate Family Support Act,
20    the Expedited Child Support Act of 1990, any judicial,
21    administrative, or other act of another state or
22    territory, any other Illinois statute, or by any foreign
23    nation establishing the father and child relationship, any
24    other proceeding substantially in conformity with the
25    Personal Responsibility and Work Opportunity
26    Reconciliation Act of 1996 (Pub. L. 104-193), or where

 

 

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

 

 

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1    force was justifiable under Article 7 of the Criminal Code
2    of 2012;
3        (4) Petitioner did not act in self-defense or defense
4    of another;
5        (5) Petitioner left the residence or household to
6    avoid further abuse, neglect, or exploitation by
7    respondent;
8        (6) Petitioner did not leave the residence or
9    household to avoid further abuse, neglect, or exploitation
10    by respondent;
11        (7) Conduct by any family or household member excused
12    the abuse, neglect, or exploitation by respondent, unless
13    that same conduct would have excused such abuse, neglect,
14    or exploitation if the parties had not been family or
15    household members.
16(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
17eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
18100-923, eff. 1-1-19.)
 
19    Section 20. The Law Enforcement Disposition of Property
20Act is amended by changing Section 2 as follows:
 
21    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
22    Sec. 2. (a) Such property believed to be abandoned, lost
23or stolen or otherwise illegally possessed shall be retained
24in custody by the sheriff, chief of police or other principal

 

 

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1official of the law enforcement agency, which shall make
2reasonable inquiry and efforts to identify and notify the
3owner or other person entitled to possession thereof, and
4shall return the property after such person provides
5reasonable and satisfactory proof of his ownership or right to
6possession and reimburses the agency for all reasonable
7expenses of such custody.
8    (b) Weapons that have been confiscated as a result of
9having been abandoned or illegally possessed may be sold at
10public auction under Section 3 of this Act; or transferred to
11the Department of State Police for use by the crime laboratory
12system, for training purposes, or for any other application as
13deemed appropriate by the Department, if no legitimate claim
14is made for the confiscated weapon within 6 months of the date
15of confiscation, or within 6 months of final court disposition
16if such confiscated weapon was used for evidentiary purposes.
17(Source: P.A. 85-632.)