Illinois General Assembly - Full Text of HB1039
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Full Text of HB1039  102nd General Assembly

HB1039 102ND GENERAL ASSEMBLY


 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1039

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 22/103

    Amends the Civil No Contact Order Act. Makes a technical change to a Section concerning definitions.


LRB102 03052 LNS 13065 b

 

 

A BILL FOR

 

HB1039LRB102 03052 LNS 13065 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 Civil No Contact Order Act is amended by
5changing Section 103 as follows:
 
6    (740 ILCS 22/103)
7    Sec. 103. Definitions. As used in this Act:
8    "Civil no contact order" means an emergency order or
9plenary order granted under this Act, which includes a remedy
10authorized by Section 213 of this Act.
11    "Family or household members" include spouses, parents,
12children, stepchildren, and and persons who share a common
13dwelling.
14    "Non-consensual" means a lack of freely given agreement.
15    "Petitioner" may mean not only any named petitioner for
16the civil no contact order and any named victim of
17non-consensual sexual conduct or non-consensual sexual
18penetration on whose behalf the petition is brought, but also
19any other person sought to be protected by this Act.
20    "Respondent" in a petition for a civil no contact order
21may mean not only the person alleged to have committed an act
22of non-consensual sexual conduct or non-consensual sexual
23penetration against the petitioner, but also any other named

 

 

HB1039- 2 -LRB102 03052 LNS 13065 b

1person alleged to have aided and abetted such an act of
2non-consensual sexual conduct or non-consensual sexual
3penetration.
4    "Sexual conduct" means any intentional or knowing touching
5or fondling by the petitioner or the respondent, either
6directly or through clothing, of the sex organs, anus, or
7breast of the petitioner or the respondent, or any part of the
8body of a child under 13 years of age, or any transfer or
9transmission of semen by the respondent upon any part of the
10clothed or unclothed body of the petitioner, for the purpose
11of sexual gratification or arousal of the petitioner or the
12respondent.
13    "Sexual penetration" means any contact, however slight,
14between the sex organ or anus of one person by an object, the
15sex organ, mouth or anus of another person, or any intrusion,
16however slight, of any part of the body of one person or of any
17animal or object into the sex organ or anus of another person,
18including but not limited to cunnilingus, fellatio or anal
19penetration. Evidence of emission of semen is not required to
20prove sexual penetration.
21    "Stay away" means to refrain from both physical presence
22and nonphysical contact with the petitioner directly,
23indirectly, or through third parties who may or may not know of
24the order. "Nonphysical contact" includes, but is not limited
25to, telephone calls, mail, e-mail, fax, and written notes.
26(Source: P.A. 96-311, eff. 1-1-10.)