HB4715ham002 94TH GENERAL ASSEMBLY

Rep. Robin Kelly

Filed: 2/27/2006

09400HB4715ham002 LRB094 15382 AJO 56544 a

AMENDMENT TO HOUSE BILL 4715

AMENDMENT NO. ______. Amend House Bill 4715, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Safe Homes Act.

Section 5. Findings. The General Assembly finds and declares the following:

(1) Domestic and sexual violence affect many persons without regard to age, race, education, socioeconomic status, religion, or occupation.

(2) Domestic and sexual violence have a devastating effect on individuals, families, and communities.

(3) Domestic violence crimes account for approximately 15% of total crime costs in the United States each year.

(4) Violence against women has been reported to be the leading cause of physical injury to women. This violence has a devastating impact on women's physical and emotional health.

(5) According to recent government surveys, from 1993 through 1998 the average annual number of violent victimizations committed by intimate partners of the victim was 1,082,110 and 87% of those were committed against women.

(6) Female murder victims were substantially more likely than male murder victims to have been killed by an intimate partner. About one-third of female murder victims, and about 4% of male murder victims, were killed by an intimate partner.

(7) According to the Department of Justice, women living in rental housing experience intimate partner violence at 3 times the rate of women who own their homes.

(8) According to recent government estimates, approximately 987,400 rapes occur annually in the United States and 89% of the rapes are perpetrated against female victims.

(9) One out of every 7 adult women, or more than 670,000 in Illinois, has been the victim of a forcible rape sometime in her lifetime.

(10) In a survey of 600 women and men ages 16-24, 60% of the respondents stated that they know a woman who has been sexually assaulted.

(11) Eighty percent of women who are raped are raped by acquaintances.

(12) Approximately 10,200,000 people have been stalked at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their homes or work places, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property.

(13) Too often, victims of domestic and sexual violence suffer not only physical and emotional abuse, but also the devastation of being displaced from their homes because of violence.

(14) The loss of a victim's home can, in turn, result in the loss of employment, public benefits, and even the custody of children.

(15) The problem is compounded by the fact that victims of domestic and sexual violence are discriminated against when attempting to access safe housing, make their current housing more safe, or flee existing housing. Additionally, victims of domestic and sexual violence are often evicted because of the abuse that they have suffered.

(16) There is a strong link between domestic violence and homelessness. Among cities surveyed, 50% identified domestic violence as a primary cause of homelessness.

(17) Ninety-two percent of homeless women have experienced severe physical or sexual abuse at some point in their lives. Of all homeless women and children, 60% had been abused by age 12, and 63% have been victims of intimate partner violence as adults.

(18) Women who leave their abusers frequently lack adequate emergency shelter options and this makes their decisions concerning leaving their dwelling places more difficult.

(19) Victims of domestic violence often return to abusive partners because they cannot find long-term housing.

(20) Because abusers frequently manipulate their victims' finances in an effort to control their partners, victims often lack a steady income, a credit history, landlord references, and a current address, all of which are necessary to obtain long-term permanent housing.

(21) Abusers also frequently manipulate the systems in place meant to protect victims, by accusing the victim of initiating the violence, calling the police, or attempting to obtain an order for protection. Victims who attempt to defend themselves or others from an abuser's violence are particularly vulnerable to this practice.

(22) Victims of domestic and sexual violence in rural areas face additional barriers, challenges, and unique circumstances, such as geographic isolation, poverty, lack of public transportation systems, shortage of health care providers, and decreased access to safe housing resources.

Section 10. Purposes. The purposes of this Act are:

(1) To promote the State's interest in reducing domestic violence, dating violence, sexual assault, and stalking by enabling victims of domestic or sexual violence and their families to access or maintain safe housing or flee existing dangerous housing in order to leave violent or abusive situations, achieve safety, and minimize the physical and emotional injuries from domestic or sexual violence, and to reduce the devastating economic consequences to the State and victims.

(2) To address the failure of existing laws to protect the housing rights of victims of domestic or sexual violence, as well as family or household members affected by the violence.

(3) To accomplish the purposes described in paragraphs (1) and (2) by providing victims of domestic or sexual violence and their families with options to access or maintain safe housing or to flee dangerous housing.

Section 15. Public housing excluded. This Act does not apply to public housing.

Section 20. Definitions. For the purposes of this Act:

"Domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Landlord" and "tenant" have the definitions stated in Section 1.1 of the Rental Property Utility Service Act.

"Perpetrator" means an individual who commits or is alleged to have committed or threatened any act of domestic or sexual violence.

"Protected applicant" means a person who makes application to the landlord of a building or mobile home to become an occupant in the building or mobile home, whether under a lease or periodic tenancy, who has been subjected to any act or threat of domestic or sexual violence. A perpetrator is not considered a protected applicant.

"Protected household member" means any member of a household who has been subjected to any act or threat of domestic or sexual violence, including but not limited to: any minor child, any dependant adult, and any other person residing with a victim of domestic or sexual violence. A perpetrator is not considered a protected household member.

"Protected tenant" means an occupant of a building or mobile home whether under a lease or periodic tenancy, who has been subjected to any act or threat of domestic or sexual violence, including but not limited to a tenant residing with a victim of domestic or sexual violence. A perpetrator is not considered a protected tenant.

"Sexual violence" means any act or threat of sexual assault, abuse, or stalking of an adult or minor child including, but not limited to, non-consensual sexual conduct or non-consensual sexual penetration as defined in the Civil No Contact Order Act and the offenses of stalking, aggravated stalking, cyberstalking, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, and aggravated criminal sexual abuse as these offenses are described in the Criminal Code of 1961, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood, marriage, or law to the victim.

"Victim" means an individual who has been subjected to any act or threat of domestic or sexual violence. A perpetrator is not considered a victim.

Section 25. Victim protection when the perpetrator is not a leaseholder.

(a) Change of locks. When the perpetrator is not a leaseholder in the same dwelling unit as the victim, a protected tenant in the same dwelling unit may request that the landlord change the locks to the dwelling unit if the protected tenant notifies the landlord that a protected household member is a victim of domestic or sexual violence and provides at least one form of the types of evidence to support that claim as described in subsection (c).

(1) Once the landlord has received one form of evidence indicating that a protected household member is a victim of domestic or sexual violence the landlord shall, within 48 hours or such lesser time as required by court order, change the locks to the protected tenant's dwelling unit or give the protected tenant permission to change the locks within 48 hours or such lesser time as required by a court order.

(2) The landlord may charge a fee for the expense of changing the locks. That fee must not exceed the reasonable price customarily charged for the repair.

(3) If a landlord fails to change the locks within the required time, after being provided with the evidence indicating that a protected household member is a victim of domestic or sexual violence, the protected tenant may change the locks without the landlord's permission. If the protected tenant changes the locks, the protected tenant shall give a key to the new locks to the landlord within 48 hours of the locks being changed.

(b) Early termination of the rental agreement. When the perpetrator is not a leaseholder, a protected tenant who is a victim of domestic or sexual violence or whose dwelling unit contains protected household members who are victims of domestic or sexual violence may terminate his or her rental agreement for the dwelling unit if it is necessary to protect their physical or emotional safety and well being. The protected tenant shall provide the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord shall be accompanied by at least one form of the types of evidence to support that claim as described in subsection (c).

(1) If, pursuant to this Section, the protected tenant terminates the rental agreement 14 days or more before occupancy, the protected tenant is not subject to any damages or penalties.

(2) The protected tenant shall vacate the dwelling on or before the effective date of the notice.

(c) Evidence of domestic or sexual violence. Notice to the landlord requesting a change of locks or early termination of the rental agreement shall be accompanied by at least one form of the following types of evidence to support a claim of domestic or sexual violence under this Section: medical, court or police evidence of domestic or sexual violence; or a statement from an employee of a victim services, domestic violence, or rape crisis organization from whom the protected tenant or protected household member has sought services.

Section 30. Victim protection when the perpetrator is a leaseholder.

(a) Change of locks. If the perpetrator of the domestic violence or sexual violence is a leaseholder in the same dwelling unit as the victim, a protected tenant of the same dwelling unit may request that the landlord change the locks if the protected tenant notifies the landlord that a protected household member is a victim of domestic or sexual violence and provides the landlord with at least one form of the types of evidence to support that claim as described in subsection (c).

(1) A landlord who receives a request under this subsection shall, within 72 hours or such lesser time as required by a court order, change the locks to the dwelling unit or give the protected tenant permission to change the locks.

(2) The landlord may charge a fee for the expense of changing the locks. That fee must not exceed the reasonable price customarily charged for the repair.

(3) If a landlord fails to change the locks within the required time, after being provided with the evidence indicating that a protected household member is a victim of domestic or sexual violence, the protected tenant may change the locks without the landlord's permission. If the protected tenant changes the locks, the protected tenant shall give a key to the new locks to the landlord within 48 hours of the locks being changed.

(4) Unless a court order allows the perpetrator to return to the dwelling unit to retrieve personal belongings, the landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit, to provide keys to the perpetrator, or to provide the perpetrator access to the perpetrator's personal property within the dwelling unit. If a landlord complies with this Section, the landlord is not liable for civil damages to a perpetrator excluded from the dwelling unit for loss of use of the dwelling unit or loss of use or damage to the perpetrator's personal property.

(b) Early termination of the rental agreement. When the perpetrator is a leaseholder in the same dwelling unit, a protected tenant who is a victim of domestic or sexual violence or whose dwelling unit contains protected household members who are victims of domestic or sexual violence may terminate his or her rental agreement for the dwelling unit if it is necessary to protect their physical or emotional safety and well being. The protected tenant shall provide the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord shall be accompanied by at least one form of the types of evidence to support that claim as described in subsection (c).

(1) If, pursuant to this Section, the protected tenant terminates the rental agreement 14 days or more before occupancy, the protected tenant is not subject to any damages or penalties.

(2) The protected tenant shall vacate the dwelling on or before the effective date of the notice.

(c) Evidence of domestic or sexual violence. Notice to the landlord requesting a change of locks or early termination of the rental agreement shall be accompanied by at least one form of the following types of evidence to support a claim of domestic or sexual violence under this Section: a copy of an order issued by a court, which may be incorporated into any form of court order including but not limited to an Order Of Protection pursuant to the Illinois Domestic Violence Act of 1986 or Article 112A of the Code of Criminal Procedure of 1963.

Section 35. Enforceability. In addition to any other remedies provided in this Act or under other laws, any protected household member, protected tenant, or victim adversely affected by an act or omission of the landlord that violates this Act may file an action against the landlord in the circuit court. If the court finds that a violation of this Act occurred or is about to occur by an act or omission of the landlord, the court may award to the plaintiff actual damages, reasonable attorney's fees, and costs and may grant as relief, as the court deems appropriate, any permanent or preliminary injunction, temporary restraining order, or other order, including an order enjoining the landlord from engaging in violations of this Act or ordering such affirmative action as may be appropriate.

Section 40. Effect on other laws.

(a) More protective laws. Nothing in this Act shall be construed to supersede any provision of any federal, State, or local law that provides greater protections for victims of domestic or sexual violence than the rights established under this Act.

(b) Less protective laws. The rights established for victims of domestic or sexual violence under this Act shall not be diminished by any State or local law.

Section 45. Prohibition on waiver or modification. Sections 5, 10, 15, 20, 25, 30, 35, and 40 may not be waived or modified by an agreement of the parties.

Section 99. Effective date. This Act takes effect upon becoming law.".