Illinois General Assembly - Full Text of HB3038
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Full Text of HB3038  95th General Assembly

HB3038ham001 95TH GENERAL ASSEMBLY

Rep. Suzanne Bassi

Filed: 4/9/2008

 

 


 

 


 
09500HB3038ham001 LRB095 06600 RLC 49228 a

1
AMENDMENT TO HOUSE BILL 3038

2     AMENDMENT NO. ______. Amend House Bill 3038 by replacing
3 the title with the following:
4     "AN ACT concerning domestic violence, which may be referred
5 to as the Cindy Bischof Law."; and
 
6 by replacing everything after the enacting clause with the
7 following:
 
8     "Section 5. The Department of State Police Law of the Civil
9 Administrative Code of Illinois is amended by adding Section
10 2605-585 as follows:
 
11     (20 ILCS 2605/2605-585 new)
12     Sec. 2605-585. Protocols for domestic violence
13 surveillance. The Department of State Police shall develop a
14 protocol to coordinate actions of the courts and law
15 enforcement agencies to implement the domestic violence

 

 

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1 surveillance program established in Section 5-8A-7 of the
2 Unified Code of Corrections, including the deposit and
3 administration of fines provided for in Section 5-9-1.16 of the
4 Unified Code of Corrections.
 
5     Section 10. The State Finance Act is amended by adding
6 Section 5.710 as follows:
 
7     (30 ILCS 105/5.710 new)
8     Sec. 5.710. The Domestic Violence Surveillance Fund.
 
9     Section 15. The Criminal Code of 1961 is amended by
10 changing Section 12-30 as follows:
 
11     (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
12     Sec. 12-30. Violation of an order of protection.
13     (a) A person commits violation of an order of protection
14 if:
15         (1) He or she commits an act which was prohibited by a
16     court or fails to commit an act which was ordered by a
17     court in violation of:
18             (i) a remedy in a valid order of protection
19         authorized under paragraphs (1), (2), (3), (14), or
20         (14.5), or (18) of subsection (b) of Section 214 of the
21         Illinois Domestic Violence Act of 1986,
22             (ii) a remedy, which is substantially similar to

 

 

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1         the remedies authorized under paragraphs (1), (2),
2         (3), (14), or (14.5), or (18) of subsection (b) of
3         Section 214 of the Illinois Domestic Violence Act of
4         1986, in a valid order of protection, which is
5         authorized under the laws of another state, tribe or
6         United States territory,
7             (iii) any other remedy when the act constitutes a
8         crime against the protected parties as the term
9         protected parties is defined in Section 112A-4 of the
10         Code of Criminal Procedure of 1963; and
11         (2) Such violation occurs after the offender has been
12     served notice of the contents of the order, pursuant to the
13     Illinois Domestic Violence Act of 1986 or any substantially
14     similar statute of another state, tribe or United States
15     territory, or otherwise has acquired actual knowledge of
16     the contents of the order.
17     An order of protection issued by a state, tribal or
18 territorial court related to domestic or family violence shall
19 be deemed valid if the issuing court had jurisdiction over the
20 parties and matter under the law of the state, tribe or
21 territory. There shall be a presumption of validity where an
22 order is certified and appears authentic on its face.
23     (a-5) Failure to provide reasonable notice and opportunity
24 to be heard shall be an affirmative defense to any charge or
25 process filed seeking enforcement of a foreign order of
26 protection.

 

 

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1     (b) For purposes of this Section, an "order of protection"
2 may have been issued in a criminal or civil proceeding.
3     (c) Nothing in this Section shall be construed to diminish
4 the inherent authority of the courts to enforce their lawful
5 orders through civil or criminal contempt proceedings.
6     (d) Violation of an order of protection under subsection
7 (a) of this Section is a Class A misdemeanor. Violation of an
8 order of protection under subsection (a) of this Section is a
9 Class 4 felony if the defendant has any prior conviction under
10 this Code for domestic battery (Section 12-3.2) or violation of
11 an order of protection (Section 12-30). Violation of an order
12 of protection is a Class 4 felony if the defendant has any
13 prior conviction under this Code for first degree murder
14 (Section 9-1), attempt to commit first degree murder (Section
15 8-4), aggravated domestic battery (Section 12-3.3), aggravated
16 battery (Section 12-4), heinous battery (Section 12-4.1),
17 aggravated battery with a firearm (Section 12-4.2), aggravated
18 battery of a child (Section 12-4.3), aggravated battery of an
19 unborn child (Section 12-4.4), aggravated battery of a senior
20 citizen (Section 12-4.6), stalking (Section 12-7.3),
21 aggravated stalking (Section 12-7.4), criminal sexual assault
22 (Section 12-13), aggravated criminal sexual assault (12-14),
23 kidnapping (Section 10-1), aggravated kidnapping (Section
24 10-2), predatory criminal sexual assault of a child (Section
25 12-14.1), aggravated criminal sexual abuse (Section 12-16),
26 unlawful restraint (Section 10-3), aggravated unlawful

 

 

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1 restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
2 or aggravated discharge of a firearm (Section 24-1.2), when any
3 of these offenses have been committed against a family or
4 household member as defined in Section 112A-3 of the Code of
5 Criminal Procedure of 1963. The court shall impose a minimum
6 penalty of 24 hours imprisonment for defendant's second or
7 subsequent violation of any order of protection; unless the
8 court explicitly finds that an increased penalty or such period
9 of imprisonment would be manifestly unjust. In addition to any
10 other penalties, the court may order the defendant to pay a
11 fine as authorized under Section 5-9-1 of the Unified Code of
12 Corrections or to make restitution to the victim under Section
13 5-5-6 of the Unified Code of Corrections. In addition to any
14 other penalties, including those imposed by Section 5-9-1.5 of
15 the Unified Code of Corrections, the court shall impose an
16 additional fine of $20 as authorized by Section 5-9-1.11 of the
17 Unified Code of Corrections upon any person convicted of or
18 placed on supervision for a violation of this Section. The
19 additional fine shall be imposed for each violation of this
20 Section.
21     (e) The limitations placed on law enforcement liability by
22 Section 305 of the Illinois Domestic Violence Act of 1986 apply
23 to actions taken under this Section.
24 (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
25 92-827, eff. 8-22-02.)
 

 

 

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1     Section 20. The Code of Criminal Procedure of 1963 is
2 amended by changing Sections 110-5 and 112A-14 as follows:
 
3     (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
4     Sec. 110-5. Determining the amount of bail and conditions
5 of release.
6     (a) In determining the amount of monetary bail or
7 conditions of release, if any, which will reasonably assure the
8 appearance of a defendant as required or the safety of any
9 other person or the community and the likelihood of compliance
10 by the defendant with all the conditions of bail, the court
11 shall, on the basis of available information, take into account
12 such matters as the nature and circumstances of the offense
13 charged, whether the evidence shows that as part of the offense
14 there was a use of violence or threatened use of violence,
15 whether the offense involved corruption of public officials or
16 employees, whether there was physical harm or threats of
17 physical harm to any public official, public employee, judge,
18 prosecutor, juror or witness, senior citizen, child or
19 handicapped person, whether evidence shows that during the
20 offense or during the arrest the defendant possessed or used a
21 firearm, machine gun, explosive or metal piercing ammunition or
22 explosive bomb device or any military or paramilitary armament,
23 whether the evidence shows that the offense committed was
24 related to or in furtherance of the criminal activities of an
25 organized gang or was motivated by the defendant's membership

 

 

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1 in or allegiance to an organized gang, the condition of the
2 victim, any written statement submitted by the victim or
3 proffer or representation by the State regarding the impact
4 which the alleged criminal conduct has had on the victim and
5 the victim's concern, if any, with further contact with the
6 defendant if released on bail, whether the offense was based on
7 racial, religious, sexual orientation or ethnic hatred, the
8 likelihood of the filing of a greater charge, the likelihood of
9 conviction, the sentence applicable upon conviction, the
10 weight of the evidence against such defendant, whether there
11 exists motivation or ability to flee, whether there is any
12 verification as to prior residence, education, or family ties
13 in the local jurisdiction, in another county, state or foreign
14 country, the defendant's employment, financial resources,
15 character and mental condition, past conduct, prior use of
16 alias names or dates of birth, and length of residence in the
17 community, the consent of the defendant to periodic drug
18 testing in accordance with Section 110-6.5, whether a foreign
19 national defendant is lawfully admitted in the United States of
20 America, whether the government of the foreign national
21 maintains an extradition treaty with the United States by which
22 the foreign government will extradite to the United States its
23 national for a trial for a crime allegedly committed in the
24 United States, whether the defendant is currently subject to
25 deportation or exclusion under the immigration laws of the
26 United States, whether the defendant, although a United States

 

 

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1 citizen, is considered under the law of any foreign state a
2 national of that state for the purposes of extradition or
3 non-extradition to the United States, the amount of unrecovered
4 proceeds lost as a result of the alleged offense, the source of
5 bail funds tendered or sought to be tendered for bail, whether
6 from the totality of the court's consideration, the loss of
7 funds posted or sought to be posted for bail will not deter the
8 defendant from flight, whether the evidence shows that the
9 defendant is engaged in significant possession, manufacture,
10 or delivery of a controlled substance or cannabis, either
11 individually or in consort with others, whether at the time of
12 the offense charged he was on bond or pre-trial release pending
13 trial, probation, periodic imprisonment or conditional
14 discharge pursuant to this Code or the comparable Code of any
15 other state or federal jurisdiction, whether the defendant is
16 on bond or pre-trial release pending the imposition or
17 execution of sentence or appeal of sentence for any offense
18 under the laws of Illinois or any other state or federal
19 jurisdiction, whether the defendant is under parole or
20 mandatory supervised release or work release from the Illinois
21 Department of Corrections or any penal institution or
22 corrections department of any state or federal jurisdiction,
23 the defendant's record of convictions, whether the defendant
24 has been convicted of a misdemeanor or ordinance offense in
25 Illinois or similar offense in other state or federal
26 jurisdiction within the 10 years preceding the current charge

 

 

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1 or convicted of a felony in Illinois, whether the defendant was
2 convicted of an offense in another state or federal
3 jurisdiction that would be a felony if committed in Illinois
4 within the 20 years preceding the current charge or has been
5 convicted of such felony and released from the penitentiary
6 within 20 years preceding the current charge if a penitentiary
7 sentence was imposed in Illinois or other state or federal
8 jurisdiction, the defendant's records of juvenile adjudication
9 of delinquency in any jurisdiction, any record of appearance or
10 failure to appear by the defendant at court proceedings,
11 whether there was flight to avoid arrest or prosecution,
12 whether the defendant escaped or attempted to escape to avoid
13 arrest, whether the defendant refused to identify himself, or
14 whether there was a refusal by the defendant to be
15 fingerprinted as required by law. Information used by the court
16 in its findings or stated in or offered in connection with this
17 Section may be by way of proffer based upon reliable
18 information offered by the State or defendant. All evidence
19 shall be admissible if it is relevant and reliable regardless
20 of whether it would be admissible under the rules of evidence
21 applicable at criminal trials. If the State presents evidence
22 that the offense committed by the defendant was related to or
23 in furtherance of the criminal activities of an organized gang
24 or was motivated by the defendant's membership in or allegiance
25 to an organized gang, and if the court determines that the
26 evidence may be substantiated, the court shall prohibit the

 

 

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1 defendant from associating with other members of the organized
2 gang as a condition of bail or release. For the purposes of
3 this Section, "organized gang" has the meaning ascribed to it
4 in Section 10 of the Illinois Streetgang Terrorism Omnibus
5 Prevention Act.
6     (b) The amount of bail shall be:
7         (1) Sufficient to assure compliance with the
8     conditions set forth in the bail bond, which shall include
9     the defendant's current address with a written
10     admonishment to the defendant that he or she must comply
11     with the provisions of Section 110-12 regarding any change
12     in his or her address. The defendant's address shall at all
13     times remain a matter of public record with the clerk of
14     the court.
15         (2) Not oppressive.
16         (3) Considerate of the financial ability of the
17     accused.
18         (4) When a person is charged with a drug related
19     offense involving possession or delivery of cannabis or
20     possession or delivery of a controlled substance as defined
21     in the Cannabis Control Act, the Illinois Controlled
22     Substances Act, or the Methamphetamine Control and
23     Community Protection Act, the full street value of the
24     drugs seized shall be considered. "Street value" shall be
25     determined by the court on the basis of a proffer by the
26     State based upon reliable information of a law enforcement

 

 

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1     official contained in a written report as to the amount
2     seized and such proffer may be used by the court as to the
3     current street value of the smallest unit of the drug
4     seized.
5     (b-5) Upon the filing of a written request demonstrating
6 reasonable cause, the State's Attorney may request a source of
7 bail hearing either before or after the posting of any funds.
8 If the hearing is granted, before the posting of any bail, the
9 accused must file a written notice requesting that the court
10 conduct a source of bail hearing. The notice must be
11 accompanied by justifying affidavits stating the legitimate
12 and lawful source of funds for bail. At the hearing, the court
13 shall inquire into any matters stated in any justifying
14 affidavits, and may also inquire into matters appropriate to
15 the determination which shall include, but are not limited to,
16 the following:
17         (1) the background, character, reputation, and
18     relationship to the accused of any surety; and
19         (2) the source of any money or property deposited by
20     any surety, and whether any such money or property
21     constitutes the fruits of criminal or unlawful conduct; and
22         (3) the source of any money posted as cash bail, and
23     whether any such money constitutes the fruits of criminal
24     or unlawful conduct; and
25         (4) the background, character, reputation, and
26     relationship to the accused of the person posting cash

 

 

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1     bail.
2     Upon setting the hearing, the court shall examine, under
3 oath, any persons who may possess material information.
4     The State's Attorney has a right to attend the hearing, to
5 call witnesses and to examine any witness in the proceeding.
6 The court shall, upon request of the State's Attorney, continue
7 the proceedings for a reasonable period to allow the State's
8 Attorney to investigate the matter raised in any testimony or
9 affidavit. If the hearing is granted after the accused has
10 posted bail, the court shall conduct a hearing consistent with
11 this subsection (b-5). At the conclusion of the hearing, the
12 court must issue an order either approving of disapproving the
13 bail.
14     (c) When a person is charged with an offense punishable by
15 fine only the amount of the bail shall not exceed double the
16 amount of the maximum penalty.
17     (d) When a person has been convicted of an offense and only
18 a fine has been imposed the amount of the bail shall not exceed
19 double the amount of the fine.
20     (e) The State may appeal any order granting bail or setting
21 a given amount for bail.
22     (f) When a person is charged with a violation of an order
23 of protection under Section 12-30 of the Criminal Code of 1961,
24 the court may order that the person, as a condition of bail, be
25 placed under electronic surveillance as provided in Section
26 5-8A-7 of the Unified Code of Corrections.

 

 

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1 (Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04;
2 94-556, eff. 9-11-05.)
 
3     (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
4     Sec. 112A-14. Order of protection; remedies.
5     (a) Issuance of order. If the court finds that petitioner
6 has been abused by a family or household member, as defined in
7 this Article, an order of protection prohibiting such abuse
8 shall issue; provided that petitioner must also satisfy the
9 requirements of one of the following Sections, as appropriate:
10 Section 112A-17 on emergency orders, Section 112A-18 on interim
11 orders, or Section 112A-19 on plenary orders. Petitioner shall
12 not be denied an order of protection because petitioner or
13 respondent is a minor. The court, when determining whether or
14 not to issue an order of protection, shall not require physical
15 manifestations of abuse on the person of the victim.
16 Modification and extension of prior orders of protection shall
17 be in accordance with this Article.
18     (b) Remedies and standards. The remedies to be included in
19 an order of protection shall be determined in accordance with
20 this Section and one of the following Sections, as appropriate:
21 Section 112A-17 on emergency orders, Section 112A-18 on interim
22 orders, and Section 112A-19 on plenary orders. The remedies
23 listed in this subsection shall be in addition to other civil
24 or criminal remedies available to petitioner. The remedy
25 provided in paragraph (18) of this subsection (b) shall be

 

 

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1 included in every order of protection issued on or after the
2 effective date of this amendatory Act of the 95th General
3 Assembly.
4         (1) Prohibition of abuse. Prohibit respondent's
5     harassment, interference with personal liberty,
6     intimidation of a dependent, physical abuse or willful
7     deprivation, as defined in this Article, if such abuse has
8     occurred or otherwise appears likely to occur if not
9     prohibited.
10         (2) Grant of exclusive possession of residence.
11     Prohibit respondent from entering or remaining in any
12     residence or household of the petitioner, including one
13     owned or leased by respondent, if petitioner has a right to
14     occupancy thereof. The grant of exclusive possession of the
15     residence shall not affect title to real property, nor
16     shall the court be limited by the standard set forth in
17     Section 701 of the Illinois Marriage and Dissolution of
18     Marriage Act.
19             (A) Right to occupancy. A party has a right to
20         occupancy of a residence or household if it is solely
21         or jointly owned or leased by that party, that party's
22         spouse, a person with a legal duty to support that
23         party or a minor child in that party's care, or by any
24         person or entity other than the opposing party that
25         authorizes that party's occupancy (e.g., a domestic
26         violence shelter). Standards set forth in subparagraph

 

 

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1         (B) shall not preclude equitable relief.
2             (B) Presumption of hardships. If petitioner and
3         respondent each has the right to occupancy of a
4         residence or household, the court shall balance (i) the
5         hardships to respondent and any minor child or
6         dependent adult in respondent's care resulting from
7         entry of this remedy with (ii) the hardships to
8         petitioner and any minor child or dependent adult in
9         petitioner's care resulting from continued exposure to
10         the risk of abuse (should petitioner remain at the
11         residence or household) or from loss of possession of
12         the residence or household (should petitioner leave to
13         avoid the risk of abuse). When determining the balance
14         of hardships, the court shall also take into account
15         the accessibility of the residence or household.
16         Hardships need not be balanced if respondent does not
17         have a right to occupancy.
18             The balance of hardships is presumed to favor
19         possession by petitioner unless the presumption is
20         rebutted by a preponderance of the evidence, showing
21         that the hardships to respondent substantially
22         outweigh the hardships to petitioner and any minor
23         child or dependent adult in petitioner's care. The
24         court, on the request of petitioner or on its own
25         motion, may order respondent to provide suitable,
26         accessible, alternate housing for petitioner instead

 

 

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1         of excluding respondent from a mutual residence or
2         household.
3         (3) Stay away order and additional prohibitions. Order
4     respondent to stay away from petitioner or any other person
5     protected by the order of protection, or prohibit
6     respondent from entering or remaining present at
7     petitioner's school, place of employment, or other
8     specified places at times when petitioner is present, or
9     both, if reasonable, given the balance of hardships.
10     Hardships need not be balanced for the court to enter a
11     stay away order or prohibit entry if respondent has no
12     right to enter the premises.
13         If an order of protection grants petitioner exclusive
14     possession of the residence, or prohibits respondent from
15     entering the residence, or orders respondent to stay away
16     from petitioner or other protected persons, then the court
17     may allow respondent access to the residence to remove
18     items of clothing and personal adornment used exclusively
19     by respondent, medications, and other items as the court
20     directs. The right to access shall be exercised on only one
21     occasion as the court directs and in the presence of an
22     agreed-upon adult third party or law enforcement officer.
23         (4) Counseling. Require or recommend the respondent to
24     undergo counseling for a specified duration with a social
25     worker, psychologist, clinical psychologist, psychiatrist,
26     family service agency, alcohol or substance abuse program,

 

 

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1     mental health center guidance counselor, agency providing
2     services to elders, program designed for domestic violence
3     abusers or any other guidance service the court deems
4     appropriate.
5         (5) Physical care and possession of the minor child. In
6     order to protect the minor child from abuse, neglect, or
7     unwarranted separation from the person who has been the
8     minor child's primary caretaker, or to otherwise protect
9     the well-being of the minor child, the court may do either
10     or both of the following: (i) grant petitioner physical
11     care or possession of the minor child, or both, or (ii)
12     order respondent to return a minor child to, or not remove
13     a minor child from, the physical care of a parent or person
14     in loco parentis.
15         If a court finds, after a hearing, that respondent has
16     committed abuse (as defined in Section 112A-3) of a minor
17     child, there shall be a rebuttable presumption that
18     awarding physical care to respondent would not be in the
19     minor child's best interest.
20         (6) Temporary legal custody. Award temporary legal
21     custody to petitioner in accordance with this Section, the
22     Illinois Marriage and Dissolution of Marriage Act, the
23     Illinois Parentage Act of 1984, and this State's Uniform
24     Child-Custody Jurisdiction and Enforcement Act.
25         If a court finds, after a hearing, that respondent has
26     committed abuse (as defined in Section 112A-3) of a minor

 

 

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1     child, there shall be a rebuttable presumption that
2     awarding temporary legal custody to respondent would not be
3     in the child's best interest.
4         (7) Visitation. Determine the visitation rights, if
5     any, of respondent in any case in which the court awards
6     physical care or temporary legal custody of a minor child
7     to petitioner. The court shall restrict or deny
8     respondent's visitation with a minor child if the court
9     finds that respondent has done or is likely to do any of
10     the following: (i) abuse or endanger the minor child during
11     visitation; (ii) use the visitation as an opportunity to
12     abuse or harass petitioner or petitioner's family or
13     household members; (iii) improperly conceal or detain the
14     minor child; or (iv) otherwise act in a manner that is not
15     in the best interests of the minor child. The court shall
16     not be limited by the standards set forth in Section 607.1
17     of the Illinois Marriage and Dissolution of Marriage Act.
18     If the court grants visitation, the order shall specify
19     dates and times for the visitation to take place or other
20     specific parameters or conditions that are appropriate. No
21     order for visitation shall refer merely to the term
22     "reasonable visitation".
23         Petitioner may deny respondent access to the minor
24     child if, when respondent arrives for visitation,
25     respondent is under the influence of drugs or alcohol and
26     constitutes a threat to the safety and well-being of

 

 

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1     petitioner or petitioner's minor children or is behaving in
2     a violent or abusive manner.
3         If necessary to protect any member of petitioner's
4     family or household from future abuse, respondent shall be
5     prohibited from coming to petitioner's residence to meet
6     the minor child for visitation, and the parties shall
7     submit to the court their recommendations for reasonable
8     alternative arrangements for visitation. A person may be
9     approved to supervise visitation only after filing an
10     affidavit accepting that responsibility and acknowledging
11     accountability to the court.
12         (8) Removal or concealment of minor child. Prohibit
13     respondent from removing a minor child from the State or
14     concealing the child within the State.
15         (9) Order to appear. Order the respondent to appear in
16     court, alone or with a minor child, to prevent abuse,
17     neglect, removal or concealment of the child, to return the
18     child to the custody or care of the petitioner or to permit
19     any court-ordered interview or examination of the child or
20     the respondent.
21         (10) Possession of personal property. Grant petitioner
22     exclusive possession of personal property and, if
23     respondent has possession or control, direct respondent to
24     promptly make it available to petitioner, if:
25             (i) petitioner, but not respondent, owns the
26         property; or

 

 

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

 

 

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1     now or hereafter amended.
2         The court may further prohibit respondent from
3     improperly using the financial or other resources of an
4     aged member of the family or household for the profit or
5     advantage of respondent or of any other person.
6         (11.5) Protection of animals. Grant the petitioner the
7     exclusive care, custody, or control of any animal owned,
8     possessed, leased, kept, or held by either the petitioner
9     or the respondent or a minor child residing in the
10     residence or household of either the petitioner or the
11     respondent and order the respondent to stay away from the
12     animal and forbid the respondent from taking,
13     transferring, encumbering, concealing, harming, or
14     otherwise disposing of the animal.
15         (12) Order for payment of support. Order respondent to
16     pay temporary support for the petitioner or any child in
17     the petitioner's care or custody, when the respondent has a
18     legal obligation to support that person, in accordance with
19     the Illinois Marriage and Dissolution of Marriage Act,
20     which shall govern, among other matters, the amount of
21     support, payment through the clerk and withholding of
22     income to secure payment. An order for child support may be
23     granted to a petitioner with lawful physical care or
24     custody of a child, or an order or agreement for physical
25     care or custody, prior to entry of an order for legal
26     custody. Such a support order shall expire upon entry of a

 

 

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1     valid order granting legal custody to another, unless
2     otherwise provided in the custody order.
3         (13) Order for payment of losses. Order respondent to
4     pay petitioner for losses suffered as a direct result of
5     the abuse. Such losses shall include, but not be limited
6     to, medical expenses, lost earnings or other support,
7     repair or replacement of property damaged or taken,
8     reasonable attorney's fees, court costs and moving or other
9     travel expenses, including additional reasonable expenses
10     for temporary shelter and restaurant meals.
11             (i) Losses affecting family needs. If a party is
12         entitled to seek maintenance, child support or
13         property distribution from the other party under the
14         Illinois Marriage and Dissolution of Marriage Act, as
15         now or hereafter amended, the court may order
16         respondent to reimburse petitioner's actual losses, to
17         the extent that such reimbursement would be
18         "appropriate temporary relief", as authorized by
19         subsection (a)(3) of Section 501 of that Act.
20             (ii) Recovery of expenses. In the case of an
21         improper concealment or removal of a minor child, the
22         court may order respondent to pay the reasonable
23         expenses incurred or to be incurred in the search for
24         and recovery of the minor child, including but not
25         limited to legal fees, court costs, private
26         investigator fees, and travel costs.

 

 

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1         (14) Prohibition of entry. Prohibit the respondent
2     from entering or remaining in the residence or household
3     while the respondent is under the influence of alcohol or
4     drugs and constitutes a threat to the safety and well-being
5     of the petitioner or the petitioner's children.
6         (14.5) Prohibition of firearm possession.
7             (a) When a complaint is made under a request for an
8         order of protection, that the respondent has
9         threatened or is likely to use firearms illegally
10         against the petitioner, and the respondent is present
11         in court, or has failed to appear after receiving
12         actual notice, the court shall examine on oath the
13         petitioner, and any witnesses who may be produced. If
14         the court is satisfied that there is any danger of the
15         illegal use of firearms, it shall include in the order
16         of protection the requirement that any firearms in the
17         possession of the respondent, except as provided in
18         subsection (b), be turned over to the local law
19         enforcement agency for safekeeping. If the respondent
20         fails to appear, or refuses or fails to surrender his
21         or her firearms, the court shall issue a warrant for
22         seizure of any firearm in the possession of the
23         respondent. The period of safekeeping shall be for a
24         stated period of time not to exceed 2 years. The
25         firearm or firearms shall be returned to the respondent
26         at the end of the stated period or at expiration of the

 

 

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1         order of protection, whichever is sooner.
2             (b) If the respondent is a peace officer as defined
3         in Section 2-13 of the Criminal Code of 1961, the court
4         shall order that any firearms used by the respondent in
5         the performance of his or her duties as a peace officer
6         be surrendered to the chief law enforcement executive
7         of the agency in which the respondent is employed, who
8         shall retain the firearms for safekeeping for the
9         stated period not to exceed 2 years as set forth in the
10         court order.
11         (15) Prohibition of access to records. If an order of
12     protection prohibits respondent from having contact with
13     the minor child, or if petitioner's address is omitted
14     under subsection (b) of Section 112A-5, or if necessary to
15     prevent abuse or wrongful removal or concealment of a minor
16     child, the order shall deny respondent access to, and
17     prohibit respondent from inspecting, obtaining, or
18     attempting to inspect or obtain, school or any other
19     records of the minor child who is in the care of
20     petitioner.
21         (16) Order for payment of shelter services. Order
22     respondent to reimburse a shelter providing temporary
23     housing and counseling services to the petitioner for the
24     cost of the services, as certified by the shelter and
25     deemed reasonable by the court.
26         (17) Order for injunctive relief. Enter injunctive

 

 

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1     relief necessary or appropriate to prevent further abuse of
2     a family or household member or to effectuate one of the
3     granted remedies, if supported by the balance of hardships.
4     If the harm to be prevented by the injunction is abuse or
5     any other harm that one of the remedies listed in
6     paragraphs (1) through (16) of this subsection is designed
7     to prevent, no further evidence is necessary to establish
8     that the harm is an irreparable injury.
9         (18) Order for attendance at partner abuse
10     intervention programs. Order the respondent to attend and
11     complete partner abuse intervention programs per protocols
12     set by the Illinois Department of Human Services under such
13     terms and conditions as the court may direct.
14     (c) Relevant factors; findings.
15         (1) In determining whether to grant a specific remedy,
16     other than payment of support, the court shall consider
17     relevant factors, including but not limited to the
18     following:
19             (i) the nature, frequency, severity, pattern and
20         consequences of the respondent's past abuse of the
21         petitioner or any family or household member,
22         including the concealment of his or her location in
23         order to evade service of process or notice, and the
24         likelihood of danger of future abuse to petitioner or
25         any member of petitioner's or respondent's family or
26         household; and

 

 

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

 

 

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1         or continued abuse.
2             (iii) Whether it is necessary to grant the
3         requested relief in order to protect petitioner or
4         other alleged abused persons.
5         (4) For purposes of issuing an ex parte emergency order
6     of protection, the court, as an alternative to or as a
7     supplement to making the findings described in paragraphs
8     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
9     the following procedure:
10         When a verified petition for an emergency order of
11     protection in accordance with the requirements of Sections
12     112A-5 and 112A-17 is presented to the court, the court
13     shall examine petitioner on oath or affirmation. An
14     emergency order of protection shall be issued by the court
15     if it appears from the contents of the petition and the
16     examination of petitioner that the averments are
17     sufficient to indicate abuse by respondent and to support
18     the granting of relief under the issuance of the emergency
19     order of protection.
20         (5) Never married parties. No rights or
21     responsibilities for a minor child born outside of marriage
22     attach to a putative father until a father and child
23     relationship has been established under the Illinois
24     Parentage Act of 1984. Absent such an adjudication, no
25     putative father shall be granted temporary custody of the
26     minor child, visitation with the minor child, or physical

 

 

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1     care and possession of the minor child, nor shall an order
2     of payment for support of the minor child be entered.
3     (d) Balance of hardships; findings. If the court finds that
4 the balance of hardships does not support the granting of a
5 remedy governed by paragraph (2), (3), (10), (11), or (16) of
6 subsection (b) of this Section, which may require such
7 balancing, the court's findings shall so indicate and shall
8 include a finding as to whether granting the remedy will result
9 in hardship to respondent that would substantially outweigh the
10 hardship to petitioner from denial of the remedy. The findings
11 shall be an official record or in writing.
12     (e) Denial of remedies. Denial of any remedy shall not be
13 based, in whole or in part, on evidence that:
14         (1) Respondent has cause for any use of force, unless
15     that cause satisfies the standards for justifiable use of
16     force provided by Article VII of the Criminal Code of 1961;
17         (2) Respondent was voluntarily intoxicated;
18         (3) Petitioner acted in self-defense or defense of
19     another, provided that, if petitioner utilized force, such
20     force was justifiable under Article VII of the Criminal
21     Code of 1961;
22         (4) Petitioner did not act in self-defense or defense
23     of another;
24         (5) Petitioner left the residence or household to avoid
25     further abuse by respondent;
26         (6) Petitioner did not leave the residence or household

 

 

09500HB3038ham001 - 29 - LRB095 06600 RLC 49228 a

1     to avoid further abuse by respondent;
2         (7) Conduct by any family or household member excused
3     the abuse by respondent, unless that same conduct would
4     have excused such abuse if the parties had not been family
5     or household members.
6 (Source: P.A. 95-234, eff. 1-1-08.)
 
7     Section 25. The Unified Code of Corrections is amended by
8 changing Sections 3-3-7, 3-6-3, and 5-6-3 and by adding
9 Sections 5-8A-7 and 5-9-1.16 as follows:
 
10     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
11     (Text of Section after amendment by P.A. 95-464, 95-579,
12 and 95-640)
13     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
14 Release.
15     (a) The conditions of parole or mandatory supervised
16 release shall be such as the Prisoner Review Board deems
17 necessary to assist the subject in leading a law-abiding life.
18 The conditions of every parole and mandatory supervised release
19 are that the subject:
20         (1) not violate any criminal statute of any
21     jurisdiction during the parole or release term;
22         (2) refrain from possessing a firearm or other
23     dangerous weapon;
24         (3) report to an agent of the Department of

 

 

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1     Corrections;
2         (4) permit the agent to visit him or her at his or her
3     home, employment, or elsewhere to the extent necessary for
4     the agent to discharge his or her duties;
5         (5) attend or reside in a facility established for the
6     instruction or residence of persons on parole or mandatory
7     supervised release;
8         (6) secure permission before visiting or writing a
9     committed person in an Illinois Department of Corrections
10     facility;
11         (7) report all arrests to an agent of the Department of
12     Corrections as soon as permitted by the arresting authority
13     but in no event later than 24 hours after release from
14     custody;
15         (7.5) if convicted of a sex offense as defined in the
16     Sex Offender Management Board Act, the individual shall
17     undergo and successfully complete sex offender treatment
18     conducted in conformance with the standards developed by
19     the Sex Offender Management Board Act by a treatment
20     provider approved by the Board;
21         (7.6) if convicted of a sex offense as defined in the
22     Sex Offender Management Board Act, refrain from residing at
23     the same address or in the same condominium unit or
24     apartment unit or in the same condominium complex or
25     apartment complex with another person he or she knows or
26     reasonably should know is a convicted sex offender or has

 

 

09500HB3038ham001 - 31 - LRB095 06600 RLC 49228 a

1     been placed on supervision for a sex offense; the
2     provisions of this paragraph do not apply to a person
3     convicted of a sex offense who is placed in a Department of
4     Corrections licensed transitional housing facility for sex
5     offenders, or is in any facility operated or licensed by
6     the Department of Children and Family Services or by the
7     Department of Human Services, or is in any licensed medical
8     facility;
9         (7.7) if convicted for an offense that would qualify
10     the accused as a sexual predator under the Sex Offender
11     Registration Act on or after the effective date of this
12     amendatory Act of the 94th General Assembly, wear an
13     approved electronic monitoring device as defined in
14     Section 5-8A-2 for the duration of the person's parole,
15     mandatory supervised release term, or extended mandatory
16     supervised release term;
17         (7.8) if convicted for an offense committed on or after
18     the effective date of this amendatory Act of the 95th
19     General Assembly that would qualify the accused as a child
20     sex offender as defined in Section 11-9.3 or 11-9.4 of the
21     Criminal Code of 1961, refrain from communicating with or
22     contacting, by means of the Internet, a person who is not
23     related to the accused and whom the accused reasonably
24     believes to be under 18 years of age; for purposes of this
25     paragraph (7.8), "Internet" has the meaning ascribed to it
26     in Section 16J-5 of the Criminal Code of 1961, as added by

 

 

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1     Public Act 94-179; and a person is not related to the
2     accused if the person is not: (i) the spouse, brother, or
3     sister of the accused; (ii) a descendant of the accused;
4     (iii) a first or second cousin of the accused; or (iv) a
5     step-child or adopted child of the accused;
6         (7.9) (7.8) if convicted under Section 11-6, 11-20.1,
7     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
8     search of computers, PDAs, cellular phones, and other
9     devices under his or her control that are capable of
10     accessing the Internet or storing electronic files, in
11     order to confirm Internet protocol addresses reported in
12     accordance with the Sex Offender Registration Act and
13     compliance with conditions in this Act;
14         (7.10) (7.8) if convicted for an offense that would
15     qualify the accused as a sex offender or sexual predator
16     under the Sex Offender Registration Act on or after the
17     effective date of this amendatory Act of the 95th General
18     Assembly, not possess prescription drugs for erectile
19     dysfunction;
20         (8) obtain permission of an agent of the Department of
21     Corrections before leaving the State of Illinois;
22         (9) obtain permission of an agent of the Department of
23     Corrections before changing his or her residence or
24     employment;
25         (10) consent to a search of his or her person,
26     property, or residence under his or her control;

 

 

09500HB3038ham001 - 33 - LRB095 06600 RLC 49228 a

1         (11) refrain from the use or possession of narcotics or
2     other controlled substances in any form, or both, or any
3     paraphernalia related to those substances and submit to a
4     urinalysis test as instructed by a parole agent of the
5     Department of Corrections;
6         (12) not frequent places where controlled substances
7     are illegally sold, used, distributed, or administered;
8         (13) not knowingly associate with other persons on
9     parole or mandatory supervised release without prior
10     written permission of his or her parole agent and not
11     associate with persons who are members of an organized gang
12     as that term is defined in the Illinois Streetgang
13     Terrorism Omnibus Prevention Act;
14         (14) provide true and accurate information, as it
15     relates to his or her adjustment in the community while on
16     parole or mandatory supervised release or to his or her
17     conduct while incarcerated, in response to inquiries by his
18     or her parole agent or of the Department of Corrections;
19         (15) follow any specific instructions provided by the
20     parole agent that are consistent with furthering
21     conditions set and approved by the Prisoner Review Board or
22     by law, exclusive of placement on electronic detention, to
23     achieve the goals and objectives of his or her parole or
24     mandatory supervised release or to protect the public.
25     These instructions by the parole agent may be modified at
26     any time, as the agent deems appropriate; and

 

 

09500HB3038ham001 - 34 - LRB095 06600 RLC 49228 a

1         (16) if convicted of a sex offense as defined in
2     subsection (a-5) of Section 3-1-2 of this Code, unless the
3     offender is a parent or guardian of the person under 18
4     years of age present in the home and no non-familial minors
5     are present, not participate in a holiday event involving
6     children under 18 years of age, such as distributing candy
7     or other items to children on Halloween, wearing a Santa
8     Claus costume on or preceding Christmas, being employed as
9     a department store Santa Claus, or wearing an Easter Bunny
10     costume on or preceding Easter; and .
11         (17) if convicted of a violation of an order of
12     protection under Section 12-30 of the Criminal Code of
13     1961, be placed under electronic surveillance as provided
14     in Section 5-8A-7 of this Code.
15     (b) The Board may in addition to other conditions require
16 that the subject:
17         (1) work or pursue a course of study or vocational
18     training;
19         (2) undergo medical or psychiatric treatment, or
20     treatment for drug addiction or alcoholism;
21         (3) attend or reside in a facility established for the
22     instruction or residence of persons on probation or parole;
23         (4) support his dependents;
24         (5) (blank);
25         (6) (blank);
26         (7) comply with the terms and conditions of an order of

 

 

09500HB3038ham001 - 35 - LRB095 06600 RLC 49228 a

1     protection issued pursuant to the Illinois Domestic
2     Violence Act of 1986, enacted by the 84th General Assembly,
3     or an order of protection issued by the court of another
4     state, tribe, or United States territory;
5         (7.5) if convicted for an offense committed on or after
6     the effective date of this amendatory Act of the 95th
7     General Assembly that would qualify the accused as a child
8     sex offender as defined in Section 11-9.3 or 11-9.4 of the
9     Criminal Code of 1961, refrain from communicating with or
10     contacting, by means of the Internet, a person who is
11     related to the accused and whom the accused reasonably
12     believes to be under 18 years of age; for purposes of this
13     paragraph (7.5), "Internet" has the meaning ascribed to it
14     in Section 16J-5 of the Criminal Code of 1961, as added by
15     Public Act 94-179; and a person is related to the accused
16     if the person is: (i) the spouse, brother, or sister of the
17     accused; (ii) a descendant of the accused; (iii) a first or
18     second cousin of the accused; or (iv) a step-child or
19     adopted child of the accused; and
20         (8) in addition, if a minor:
21             (i) reside with his parents or in a foster home;
22             (ii) attend school;
23             (iii) attend a non-residential program for youth;
24         or
25             (iv) contribute to his own support at home or in a
26         foster home.

 

 

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1     (b-1) In addition to the conditions set forth in
2 subsections (a) and (b), persons required to register as sex
3 offenders pursuant to the Sex Offender Registration Act, upon
4 release from the custody of the Illinois Department of
5 Corrections, may be required by the Board to comply with the
6 following specific conditions of release:
7         (1) reside only at a Department approved location;
8         (2) comply with all requirements of the Sex Offender
9     Registration Act;
10         (3) notify third parties of the risks that may be
11     occasioned by his or her criminal record;
12         (4) obtain the approval of an agent of the Department
13     of Corrections prior to accepting employment or pursuing a
14     course of study or vocational training and notify the
15     Department prior to any change in employment, study, or
16     training;
17         (5) not be employed or participate in any volunteer
18     activity that involves contact with children, except under
19     circumstances approved in advance and in writing by an
20     agent of the Department of Corrections;
21         (6) be electronically monitored for a minimum of 12
22     months from the date of release as determined by the Board;
23         (7) refrain from entering into a designated geographic
24     area except upon terms approved in advance by an agent of
25     the Department of Corrections. The terms may include
26     consideration of the purpose of the entry, the time of day,

 

 

09500HB3038ham001 - 37 - LRB095 06600 RLC 49228 a

1     and others accompanying the person;
2         (8) refrain from having any contact, including written
3     or oral communications, directly or indirectly, personally
4     or by telephone, letter, or through a third party with
5     certain specified persons including, but not limited to,
6     the victim or the victim's family without the prior written
7     approval of an agent of the Department of Corrections;
8         (9) refrain from all contact, directly or indirectly,
9     personally, by telephone, letter, or through a third party,
10     with minor children without prior identification and
11     approval of an agent of the Department of Corrections;
12         (10) neither possess or have under his or her control
13     any material that is sexually oriented, sexually
14     stimulating, or that shows male or female sex organs or any
15     pictures depicting children under 18 years of age nude or
16     any written or audio material describing sexual
17     intercourse or that depicts or alludes to sexual activity,
18     including but not limited to visual, auditory, telephonic,
19     or electronic media, or any matter obtained through access
20     to any computer or material linked to computer access use;
21         (11) not patronize any business providing sexually
22     stimulating or sexually oriented entertainment nor utilize
23     "900" or adult telephone numbers;
24         (12) not reside near, visit, or be in or about parks,
25     schools, day care centers, swimming pools, beaches,
26     theaters, or any other places where minor children

 

 

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1     congregate without advance approval of an agent of the
2     Department of Corrections and immediately report any
3     incidental contact with minor children to the Department;
4         (13) not possess or have under his or her control
5     certain specified items of contraband related to the
6     incidence of sexually offending as determined by an agent
7     of the Department of Corrections;
8         (14) may be required to provide a written daily log of
9     activities if directed by an agent of the Department of
10     Corrections;
11         (15) comply with all other special conditions that the
12     Department may impose that restrict the person from
13     high-risk situations and limit access to potential
14     victims;
15         (16) take an annual polygraph exam;
16         (17) maintain a log of his or her travel; or
17         (18) obtain prior approval of his or her parole officer
18     before driving alone in a motor vehicle.
19     (c) The conditions under which the parole or mandatory
20 supervised release is to be served shall be communicated to the
21 person in writing prior to his release, and he shall sign the
22 same before release. A signed copy of these conditions,
23 including a copy of an order of protection where one had been
24 issued by the criminal court, shall be retained by the person
25 and another copy forwarded to the officer in charge of his
26 supervision.

 

 

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1     (d) After a hearing under Section 3-3-9, the Prisoner
2 Review Board may modify or enlarge the conditions of parole or
3 mandatory supervised release.
4     (e) The Department shall inform all offenders committed to
5 the Department of the optional services available to them upon
6 release and shall assist inmates in availing themselves of such
7 optional services upon their release on a voluntary basis.
8     (f) When the subject is in compliance with all conditions
9 of his or her parole or mandatory supervised release, the
10 subject shall receive a reduction of the period of his or her
11 parole or mandatory supervised release of 90 days upon passage
12 of the high school level Test of General Educational
13 Development during the period of his or her parole or mandatory
14 supervised release. This reduction in the period of a subject's
15 term of parole or mandatory supervised release shall be
16 available only to subjects who have not previously earned a
17 high school diploma or who have not previously passed the high
18 school level Test of General Educational Development.
19 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
20 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
21 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
 
22     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
23     (Text of Section after amendment by P.A. 95-585, 95-625,
24 and 95-640)
25     Sec. 3-6-3. Rules and Regulations for Early Release.

 

 

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1         (a) (1) The Department of Corrections shall prescribe
2     rules and regulations for the early release on account of
3     good conduct of persons committed to the Department which
4     shall be subject to review by the Prisoner Review Board.
5         (2) The rules and regulations on early release shall
6     provide, with respect to offenses listed in clause (i),
7     (ii), or (iii) of this paragraph (2) committed on or after
8     June 19, 1998 or with respect to the offense listed in
9     clause (iv) of this paragraph (2) committed on or after
10     June 23, 2005 (the effective date of Public Act 94-71) or
11     with respect to offense listed in clause (vi) (v) committed
12     on or after June 1, 2008 (the effective date of Public Act
13     95-625) this amendatory Act of the 95th General Assembly or
14     with respect to the offense of being an armed habitual
15     criminal committed on or after August 2, 2005 (the
16     effective date of Public Act 94-398) or with respect to the
17     offenses listed in clause (v) of this paragraph (2)
18     committed on or after August 13, 2007 (the effective date
19     of Public Act 95-134) this amendatory Act of the 95th
20     General Assembly, the following:
21             (i) that a prisoner who is serving a term of
22         imprisonment for first degree murder or for the offense
23         of terrorism shall receive no good conduct credit and
24         shall serve the entire sentence imposed by the court;
25             (ii) that a prisoner serving a sentence for attempt
26         to commit first degree murder, solicitation of murder,

 

 

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1         solicitation of murder for hire, intentional homicide
2         of an unborn child, predatory criminal sexual assault
3         of a child, aggravated criminal sexual assault,
4         criminal sexual assault, aggravated kidnapping,
5         aggravated battery with a firearm, heinous battery,
6         being an armed habitual criminal, aggravated battery
7         of a senior citizen, or aggravated battery of a child
8         shall receive no more than 4.5 days of good conduct
9         credit for each month of his or her sentence of
10         imprisonment;
11             (iii) that a prisoner serving a sentence for home
12         invasion, armed robbery, aggravated vehicular
13         hijacking, aggravated discharge of a firearm, or armed
14         violence with a category I weapon or category II
15         weapon, when the court has made and entered a finding,
16         pursuant to subsection (c-1) of Section 5-4-1 of this
17         Code, that the conduct leading to conviction for the
18         enumerated offense resulted in great bodily harm to a
19         victim, shall receive no more than 4.5 days of good
20         conduct credit for each month of his or her sentence of
21         imprisonment;
22             (iv) that a prisoner serving a sentence for
23         aggravated discharge of a firearm, whether or not the
24         conduct leading to conviction for the offense resulted
25         in great bodily harm to the victim, shall receive no
26         more than 4.5 days of good conduct credit for each

 

 

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1         month of his or her sentence of imprisonment; and
2             (v) that a person serving a sentence for
3         gunrunning, narcotics racketeering, controlled
4         substance trafficking, methamphetamine trafficking,
5         drug-induced homicide, aggravated
6         methamphetamine-related child endangerment, money
7         laundering pursuant to clause (c) (4) or (5) of Section
8         29B-1 of the Criminal Code of 1961, or a Class X felony
9         conviction for delivery of a controlled substance,
10         possession of a controlled substance with intent to
11         manufacture or deliver, calculated criminal drug
12         conspiracy, criminal drug conspiracy, street gang
13         criminal drug conspiracy, participation in
14         methamphetamine manufacturing, aggravated
15         participation in methamphetamine manufacturing,
16         delivery of methamphetamine, possession with intent to
17         deliver methamphetamine, aggravated delivery of
18         methamphetamine, aggravated possession with intent to
19         deliver methamphetamine, methamphetamine conspiracy
20         when the substance containing the controlled substance
21         or methamphetamine is 100 grams or more shall receive
22         no more than 7.5 days good conduct credit for each
23         month of his or her sentence of imprisonment; and .
24             (vi) (v) that a prisoner serving a sentence for a
25         second or subsequent offense of luring a minor shall
26         receive no more than 4.5 days of good conduct credit

 

 

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1         for each month of his or her sentence of imprisonment.
2         (2.1) For all offenses, other than those enumerated in
3     subdivision (a)(2)(i), (ii), or (iii) committed on or after
4     June 19, 1998 or subdivision (a)(2)(iv) committed on or
5     after June 23, 2005 (the effective date of Public Act
6     94-71) or subdivision (a)(2)(v) committed on or after
7     August 13, 2007 (the effective date of Public Act 95-134)
8     this amendatory Act of the 95th General Assembly or
9     subdivision (a)(2)(vi) (v) committed on or after June 1,
10     2008 (the effective date of Public Act 95-625) this
11     amendatory Act of the 95th General Assembly, and other than
12     the offense of reckless homicide as defined in subsection
13     (e) of Section 9-3 of the Criminal Code of 1961 committed
14     on or after January 1, 1999, or aggravated driving under
15     the influence of alcohol, other drug or drugs, or
16     intoxicating compound or compounds, or any combination
17     thereof as defined in subparagraph (F) of paragraph (1) of
18     subsection (d) of Section 11-501 of the Illinois Vehicle
19     Code, the rules and regulations shall provide that a
20     prisoner who is serving a term of imprisonment shall
21     receive one day of good conduct credit for each day of his
22     or her sentence of imprisonment or recommitment under
23     Section 3-3-9. Each day of good conduct credit shall reduce
24     by one day the prisoner's period of imprisonment or
25     recommitment under Section 3-3-9.
26         (2.2) A prisoner serving a term of natural life

 

 

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1     imprisonment or a prisoner who has been sentenced to death
2     shall receive no good conduct credit.
3         (2.3) The rules and regulations on early release shall
4     provide that a prisoner who is serving a sentence for
5     reckless homicide as defined in subsection (e) of Section
6     9-3 of the Criminal Code of 1961 committed on or after
7     January 1, 1999, or aggravated driving under the influence
8     of alcohol, other drug or drugs, or intoxicating compound
9     or compounds, or any combination thereof as defined in
10     subparagraph (F) of paragraph (1) of subsection (d) of
11     Section 11-501 of the Illinois Vehicle Code, shall receive
12     no more than 4.5 days of good conduct credit for each month
13     of his or her sentence of imprisonment.
14         (2.4) The rules and regulations on early release shall
15     provide with respect to the offenses of aggravated battery
16     with a machine gun or a firearm equipped with any device or
17     attachment designed or used for silencing the report of a
18     firearm or aggravated discharge of a machine gun or a
19     firearm equipped with any device or attachment designed or
20     used for silencing the report of a firearm, committed on or
21     after July 15, 1999 (the effective date of Public Act
22     91-121), that a prisoner serving a sentence for any of
23     these offenses shall receive no more than 4.5 days of good
24     conduct credit for each month of his or her sentence of
25     imprisonment.
26         (2.5) The rules and regulations on early release shall

 

 

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1     provide that a prisoner who is serving a sentence for
2     aggravated arson committed on or after July 27, 2001 (the
3     effective date of Public Act 92-176) shall receive no more
4     than 4.5 days of good conduct credit for each month of his
5     or her sentence of imprisonment.
6         (3) The rules and regulations shall also provide that
7     the Director may award up to 180 days additional good
8     conduct credit for meritorious service in specific
9     instances as the Director deems proper; except that no more
10     than 90 days of good conduct credit for meritorious service
11     shall be awarded to any prisoner who is serving a sentence
12     for conviction of first degree murder, reckless homicide
13     while under the influence of alcohol or any other drug, or
14     aggravated driving under the influence of alcohol, other
15     drug or drugs, or intoxicating compound or compounds, or
16     any combination thereof as defined in subparagraph (F) of
17     paragraph (1) of subsection (d) of Section 11-501 of the
18     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
19     predatory criminal sexual assault of a child, aggravated
20     criminal sexual assault, criminal sexual assault, deviate
21     sexual assault, aggravated criminal sexual abuse,
22     aggravated indecent liberties with a child, indecent
23     liberties with a child, child pornography, heinous
24     battery, aggravated battery of a spouse, aggravated
25     battery of a spouse with a firearm, stalking, aggravated
26     stalking, aggravated battery of a child, endangering the

 

 

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1     life or health of a child, or cruelty to a child.
2     Notwithstanding the foregoing, good conduct credit for
3     meritorious service shall not be awarded on a sentence of
4     imprisonment imposed for conviction of: (i) one of the
5     offenses enumerated in subdivision (a)(2)(i), (ii), or
6     (iii) when the offense is committed on or after June 19,
7     1998 or subdivision (a)(2)(iv) when the offense is
8     committed on or after June 23, 2005 (the effective date of
9     Public Act 94-71) or subdivision (a)(2)(v) when the offense
10     is committed on or after August 13, 2007 (the effective
11     date of Public Act 95-134) this amendatory Act of the 95th
12     General Assembly or subdivision (a)(2)(vi) (v) when the
13     offense is committed on or after June 1, 2008 (the
14     effective date of Public Act 95-625) this amendatory Act of
15     the 95th General Assembly, (ii) reckless homicide as
16     defined in subsection (e) of Section 9-3 of the Criminal
17     Code of 1961 when the offense is committed on or after
18     January 1, 1999, or aggravated driving under the influence
19     of alcohol, other drug or drugs, or intoxicating compound
20     or compounds, or any combination thereof as defined in
21     subparagraph (F) of paragraph (1) of subsection (d) of
22     Section 11-501 of the Illinois Vehicle Code, (iii) one of
23     the offenses enumerated in subdivision (a)(2.4) when the
24     offense is committed on or after July 15, 1999 (the
25     effective date of Public Act 91-121), or (iv) aggravated
26     arson when the offense is committed on or after July 27,

 

 

09500HB3038ham001 - 47 - LRB095 06600 RLC 49228 a

1     2001 (the effective date of Public Act 92-176).
2         (4) The rules and regulations shall also provide that
3     the good conduct credit accumulated and retained under
4     paragraph (2.1) of subsection (a) of this Section by any
5     inmate during specific periods of time in which such inmate
6     is engaged full-time in substance abuse programs,
7     correctional industry assignments, or educational programs
8     provided by the Department under this paragraph (4) and
9     satisfactorily completes the assigned program as
10     determined by the standards of the Department, shall be
11     multiplied by a factor of 1.25 for program participation
12     before August 11, 1993 and 1.50 for program participation
13     on or after that date. However, no inmate shall be eligible
14     for the additional good conduct credit under this paragraph
15     (4) or (4.1) of this subsection (a) while assigned to a
16     boot camp or electronic detention, or if convicted of an
17     offense enumerated in subdivision (a)(2)(i), (ii), or
18     (iii) of this Section that is committed on or after June
19     19, 1998 or subdivision (a)(2)(iv) of this Section that is
20     committed on or after June 23, 2005 (the effective date of
21     Public Act 94-71) or subdivision (a)(2)(v) of this Section
22     that is committed on or after August 13, 2007 (the
23     effective date of Public Act 95-134) this amendatory Act of
24     the 95th General Assembly or subdivision (a)(2)(vi) (v)
25     when the offense is committed on or after June 1, 2008 (the
26     effective date of Public Act 95-625) this amendatory Act of

 

 

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1     the 95th General Assembly, or if convicted of reckless
2     homicide as defined in subsection (e) of Section 9-3 of the
3     Criminal Code of 1961 if the offense is committed on or
4     after January 1, 1999, or aggravated driving under the
5     influence of alcohol, other drug or drugs, or intoxicating
6     compound or compounds, or any combination thereof as
7     defined in subparagraph (F) of paragraph (1) of subsection
8     (d) of Section 11-501 of the Illinois Vehicle Code, or if
9     convicted of an offense enumerated in paragraph (a)(2.4) of
10     this Section that is committed on or after July 15, 1999
11     (the effective date of Public Act 91-121), or first degree
12     murder, a Class X felony, criminal sexual assault, felony
13     criminal sexual abuse, aggravated criminal sexual abuse,
14     aggravated battery with a firearm, or any predecessor or
15     successor offenses with the same or substantially the same
16     elements, or any inchoate offenses relating to the
17     foregoing offenses. No inmate shall be eligible for the
18     additional good conduct credit under this paragraph (4) who
19     (i) has previously received increased good conduct credit
20     under this paragraph (4) and has subsequently been
21     convicted of a felony, or (ii) has previously served more
22     than one prior sentence of imprisonment for a felony in an
23     adult correctional facility.
24         Educational, vocational, substance abuse and
25     correctional industry programs under which good conduct
26     credit may be increased under this paragraph (4) and

 

 

09500HB3038ham001 - 49 - LRB095 06600 RLC 49228 a

1     paragraph (4.1) of this subsection (a) shall be evaluated
2     by the Department on the basis of documented standards. The
3     Department shall report the results of these evaluations to
4     the Governor and the General Assembly by September 30th of
5     each year. The reports shall include data relating to the
6     recidivism rate among program participants.
7         Availability of these programs shall be subject to the
8     limits of fiscal resources appropriated by the General
9     Assembly for these purposes. Eligible inmates who are
10     denied immediate admission shall be placed on a waiting
11     list under criteria established by the Department. The
12     inability of any inmate to become engaged in any such
13     programs by reason of insufficient program resources or for
14     any other reason established under the rules and
15     regulations of the Department shall not be deemed a cause
16     of action under which the Department or any employee or
17     agent of the Department shall be liable for damages to the
18     inmate.
19         (4.1) The rules and regulations shall also provide that
20     an additional 60 days of good conduct credit shall be
21     awarded to any prisoner who passes the high school level
22     Test of General Educational Development (GED) while the
23     prisoner is incarcerated. The good conduct credit awarded
24     under this paragraph (4.1) shall be in addition to, and
25     shall not affect, the award of good conduct under any other
26     paragraph of this Section, but shall also be pursuant to

 

 

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1     the guidelines and restrictions set forth in paragraph (4)
2     of subsection (a) of this Section. The good conduct credit
3     provided for in this paragraph shall be available only to
4     those prisoners who have not previously earned a high
5     school diploma or a GED. If, after an award of the GED good
6     conduct credit has been made and the Department determines
7     that the prisoner was not eligible, then the award shall be
8     revoked.
9         (4.5) The rules and regulations on early release shall
10     also provide that when the court's sentencing order
11     recommends a prisoner for substance abuse treatment and the
12     crime was committed on or after September 1, 2003 (the
13     effective date of Public Act 93-354), the prisoner shall
14     receive no good conduct credit awarded under clause (3) of
15     this subsection (a) unless he or she participates in and
16     completes a substance abuse treatment program. The
17     Director may waive the requirement to participate in or
18     complete a substance abuse treatment program and award the
19     good conduct credit in specific instances if the prisoner
20     is not a good candidate for a substance abuse treatment
21     program for medical, programming, or operational reasons.
22     Availability of substance abuse treatment shall be subject
23     to the limits of fiscal resources appropriated by the
24     General Assembly for these purposes. If treatment is not
25     available and the requirement to participate and complete
26     the treatment has not been waived by the Director, the

 

 

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1     prisoner shall be placed on a waiting list under criteria
2     established by the Department. The Director may allow a
3     prisoner placed on a waiting list to participate in and
4     complete a substance abuse education class or attend
5     substance abuse self-help meetings in lieu of a substance
6     abuse treatment program. A prisoner on a waiting list who
7     is not placed in a substance abuse program prior to release
8     may be eligible for a waiver and receive good conduct
9     credit under clause (3) of this subsection (a) at the
10     discretion of the Director.
11         (4.6) The rules and regulations on early release shall
12     also provide that a prisoner who has been convicted of a
13     sex offense as defined in Section 2 of the Sex Offender
14     Registration Act shall receive no good conduct credit
15     unless he or she either has successfully completed or is
16     participating in sex offender treatment as defined by the
17     Sex Offender Management Board. However, prisoners who are
18     waiting to receive such treatment, but who are unable to do
19     so due solely to the lack of resources on the part of the
20     Department, may, at the Director's sole discretion, be
21     awarded good conduct credit at such rate as the Director
22     shall determine.
23         (5) Whenever the Department is to release any inmate
24     earlier than it otherwise would because of a grant of good
25     conduct credit for meritorious service given at any time
26     during the term, the Department shall give reasonable

 

 

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1     advance notice of the impending release to the State's
2     Attorney of the county where the prosecution of the inmate
3     took place.
4     (b) Whenever a person is or has been committed under
5 several convictions, with separate sentences, the sentences
6 shall be construed under Section 5-8-4 in granting and
7 forfeiting of good time.
8     (c) The Department shall prescribe rules and regulations
9 for revoking good conduct credit, or suspending or reducing the
10 rate of accumulation of good conduct credit for specific rule
11 violations, during imprisonment. These rules and regulations
12 shall provide that no inmate may be penalized more than one
13 year of good conduct credit for any one infraction.
14     When the Department seeks to revoke, suspend or reduce the
15 rate of accumulation of any good conduct credits for an alleged
16 infraction of its rules, it shall bring charges therefor
17 against the prisoner sought to be so deprived of good conduct
18 credits before the Prisoner Review Board as provided in
19 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
20 amount of credit at issue exceeds 30 days or when during any 12
21 month period, the cumulative amount of credit revoked exceeds
22 30 days except where the infraction is committed or discovered
23 within 60 days of scheduled release. In those cases, the
24 Department of Corrections may revoke up to 30 days of good
25 conduct credit. The Board may subsequently approve the
26 revocation of additional good conduct credit, if the Department

 

 

09500HB3038ham001 - 53 - LRB095 06600 RLC 49228 a

1 seeks to revoke good conduct credit in excess of 30 days.
2 However, the Board shall not be empowered to review the
3 Department's decision with respect to the loss of 30 days of
4 good conduct credit within any calendar year for any prisoner
5 or to increase any penalty beyond the length requested by the
6 Department.
7     The Director of the Department of Corrections, in
8 appropriate cases, may restore up to 30 days good conduct
9 credits which have been revoked, suspended or reduced. Any
10 restoration of good conduct credits in excess of 30 days shall
11 be subject to review by the Prisoner Review Board. However, the
12 Board may not restore good conduct credit in excess of the
13 amount requested by the Director.
14     Nothing contained in this Section shall prohibit the
15 Prisoner Review Board from ordering, pursuant to Section
16 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
17 sentence imposed by the court that was not served due to the
18 accumulation of good conduct credit.
19     (d) If a lawsuit is filed by a prisoner in an Illinois or
20 federal court against the State, the Department of Corrections,
21 or the Prisoner Review Board, or against any of their officers
22 or employees, and the court makes a specific finding that a
23 pleading, motion, or other paper filed by the prisoner is
24 frivolous, the Department of Corrections shall conduct a
25 hearing to revoke up to 180 days of good conduct credit by
26 bringing charges against the prisoner sought to be deprived of

 

 

09500HB3038ham001 - 54 - LRB095 06600 RLC 49228 a

1 the good conduct credits before the Prisoner Review Board as
2 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
3 If the prisoner has not accumulated 180 days of good conduct
4 credit at the time of the finding, then the Prisoner Review
5 Board may revoke all good conduct credit accumulated by the
6 prisoner.
7     For purposes of this subsection (d):
8         (1) "Frivolous" means that a pleading, motion, or other
9     filing which purports to be a legal document filed by a
10     prisoner in his or her lawsuit meets any or all of the
11     following criteria:
12             (A) it lacks an arguable basis either in law or in
13         fact;
14             (B) it is being presented for any improper purpose,
15         such as to harass or to cause unnecessary delay or
16         needless increase in the cost of litigation;
17             (C) the claims, defenses, and other legal
18         contentions therein are not warranted by existing law
19         or by a nonfrivolous argument for the extension,
20         modification, or reversal of existing law or the
21         establishment of new law;
22             (D) the allegations and other factual contentions
23         do not have evidentiary support or, if specifically so
24         identified, are not likely to have evidentiary support
25         after a reasonable opportunity for further
26         investigation or discovery; or

 

 

09500HB3038ham001 - 55 - LRB095 06600 RLC 49228 a

1             (E) the denials of factual contentions are not
2         warranted on the evidence, or if specifically so
3         identified, are not reasonably based on a lack of
4         information or belief.
5         (2) "Lawsuit" means a motion pursuant to Section 116-3
6     of the Code of Criminal Procedure of 1963, a habeas corpus
7     action under Article X of the Code of Civil Procedure or
8     under federal law (28 U.S.C. 2254), a petition for claim
9     under the Court of Claims Act, an action under the federal
10     Civil Rights Act (42 U.S.C. 1983), or a second or
11     subsequent petition for post-conviction relief under
12     Article 122 of the Code of Criminal Procedure of 1963
13     whether filed with or without leave of court or a second or
14     subsequent petition for relief from judgment under Section
15     2-1401 of the Code of Civil Procedure.
16     (e) Nothing in Public Act 90-592 or 90-593 affects the
17 validity of Public Act 89-404.
18     (f) Whenever the Department is to release any inmate who
19 has been convicted of a violation of an order of protection
20 under Section 12-30 of the Criminal Code of 1961, earlier than
21 it otherwise would because of a grant of good conduct credit,
22 the Department, as a condition of such early release, shall
23 require that the person, upon release, be placed under
24 electronic surveillance as provided in Section 5-8A-7 of this
25 Code.
26 (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156,

 

 

09500HB3038ham001 - 56 - LRB095 06600 RLC 49228 a

1 eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744,
2 eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625,
3 eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
 
4     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
5     (Text of Section after amendment by P.A. 95-464, 95-578,
6 and 95-696)
7     Sec. 5-6-3. Conditions of Probation and of Conditional
8 Discharge.
9     (a) The conditions of probation and of conditional
10 discharge shall be that the person:
11         (1) not violate any criminal statute of any
12     jurisdiction;
13         (2) report to or appear in person before such person or
14     agency as directed by the court;
15         (3) refrain from possessing a firearm or other
16     dangerous weapon;
17         (4) not leave the State without the consent of the
18     court or, in circumstances in which the reason for the
19     absence is of such an emergency nature that prior consent
20     by the court is not possible, without the prior
21     notification and approval of the person's probation
22     officer. Transfer of a person's probation or conditional
23     discharge supervision to another state is subject to
24     acceptance by the other state pursuant to the Interstate
25     Compact for Adult Offender Supervision;

 

 

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1         (5) permit the probation officer to visit him at his
2     home or elsewhere to the extent necessary to discharge his
3     duties;
4         (6) perform no less than 30 hours of community service
5     and not more than 120 hours of community service, if
6     community service is available in the jurisdiction and is
7     funded and approved by the county board where the offense
8     was committed, where the offense was related to or in
9     furtherance of the criminal activities of an organized gang
10     and was motivated by the offender's membership in or
11     allegiance to an organized gang. The community service
12     shall include, but not be limited to, the cleanup and
13     repair of any damage caused by a violation of Section
14     21-1.3 of the Criminal Code of 1961 and similar damage to
15     property located within the municipality or county in which
16     the violation occurred. When possible and reasonable, the
17     community service should be performed in the offender's
18     neighborhood. For purposes of this Section, "organized
19     gang" has the meaning ascribed to it in Section 10 of the
20     Illinois Streetgang Terrorism Omnibus Prevention Act;
21         (7) if he or she is at least 17 years of age and has
22     been sentenced to probation or conditional discharge for a
23     misdemeanor or felony in a county of 3,000,000 or more
24     inhabitants and has not been previously convicted of a
25     misdemeanor or felony, may be required by the sentencing
26     court to attend educational courses designed to prepare the

 

 

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1     defendant for a high school diploma and to work toward a
2     high school diploma or to work toward passing the high
3     school level Test of General Educational Development (GED)
4     or to work toward completing a vocational training program
5     approved by the court. The person on probation or
6     conditional discharge must attend a public institution of
7     education to obtain the educational or vocational training
8     required by this clause (7). The court shall revoke the
9     probation or conditional discharge of a person who wilfully
10     fails to comply with this clause (7). The person on
11     probation or conditional discharge shall be required to pay
12     for the cost of the educational courses or GED test, if a
13     fee is charged for those courses or test. The court shall
14     resentence the offender whose probation or conditional
15     discharge has been revoked as provided in Section 5-6-4.
16     This clause (7) does not apply to a person who has a high
17     school diploma or has successfully passed the GED test.
18     This clause (7) does not apply to a person who is
19     determined by the court to be developmentally disabled or
20     otherwise mentally incapable of completing the educational
21     or vocational program;
22         (8) if convicted of possession of a substance
23     prohibited by the Cannabis Control Act, the Illinois
24     Controlled Substances Act, or the Methamphetamine Control
25     and Community Protection Act after a previous conviction or
26     disposition of supervision for possession of a substance

 

 

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1     prohibited by the Cannabis Control Act or Illinois
2     Controlled Substances Act or after a sentence of probation
3     under Section 10 of the Cannabis Control Act, Section 410
4     of the Illinois Controlled Substances Act, or Section 70 of
5     the Methamphetamine Control and Community Protection Act
6     and upon a finding by the court that the person is
7     addicted, undergo treatment at a substance abuse program
8     approved by the court;
9         (8.5) if convicted of a felony sex offense as defined
10     in the Sex Offender Management Board Act, the person shall
11     undergo and successfully complete sex offender treatment
12     by a treatment provider approved by the Board and conducted
13     in conformance with the standards developed under the Sex
14     Offender Management Board Act;
15         (8.6) if convicted of a sex offense as defined in the
16     Sex Offender Management Board Act, refrain from residing at
17     the same address or in the same condominium unit or
18     apartment unit or in the same condominium complex or
19     apartment complex with another person he or she knows or
20     reasonably should know is a convicted sex offender or has
21     been placed on supervision for a sex offense; the
22     provisions of this paragraph do not apply to a person
23     convicted of a sex offense who is placed in a Department of
24     Corrections licensed transitional housing facility for sex
25     offenders;
26         (8.7) if convicted for an offense committed on or after

 

 

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1     the effective date of this amendatory Act of the 95th
2     General Assembly that would qualify the accused as a child
3     sex offender as defined in Section 11-9.3 or 11-9.4 of the
4     Criminal Code of 1961, refrain from communicating with or
5     contacting, by means of the Internet, a person who is not
6     related to the accused and whom the accused reasonably
7     believes to be under 18 years of age; for purposes of this
8     paragraph (8.7), "Internet" has the meaning ascribed to it
9     in Section 16J-5 of the Criminal Code of 1961, as added by
10     Public Act 94-179; and a person is not related to the
11     accused if the person is not: (i) the spouse, brother, or
12     sister of the accused; (ii) a descendant of the accused;
13     (iii) a first or second cousin of the accused; or (iv) a
14     step-child or adopted child of the accused;
15         (9) if convicted of a felony, physically surrender at a
16     time and place designated by the court, his or her Firearm
17     Owner's Identification Card and any and all firearms in his
18     or her possession; and
19         (10) if convicted of a sex offense as defined in
20     subsection (a-5) of Section 3-1-2 of this Code, unless the
21     offender is a parent or guardian of the person under 18
22     years of age present in the home and no non-familial minors
23     are present, not participate in a holiday event involving
24     children under 18 years of age, such as distributing candy
25     or other items to children on Halloween, wearing a Santa
26     Claus costume on or preceding Christmas, being employed as

 

 

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1     a department store Santa Claus, or wearing an Easter Bunny
2     costume on or preceding Easter.
3     (b) The Court may in addition to other reasonable
4 conditions relating to the nature of the offense or the
5 rehabilitation of the defendant as determined for each
6 defendant in the proper discretion of the Court require that
7 the person:
8         (1) serve a term of periodic imprisonment under Article
9     7 for a period not to exceed that specified in paragraph
10     (d) of Section 5-7-1;
11         (2) pay a fine and costs;
12         (3) work or pursue a course of study or vocational
13     training;
14         (4) undergo medical, psychological or psychiatric
15     treatment; or treatment for drug addiction or alcoholism;
16         (5) attend or reside in a facility established for the
17     instruction or residence of defendants on probation;
18         (6) support his dependents;
19         (7) and in addition, if a minor:
20             (i) reside with his parents or in a foster home;
21             (ii) attend school;
22             (iii) attend a non-residential program for youth;
23             (iv) contribute to his own support at home or in a
24         foster home;
25             (v) with the consent of the superintendent of the
26         facility, attend an educational program at a facility

 

 

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1         other than the school in which the offense was
2         committed if he or she is convicted of a crime of
3         violence as defined in Section 2 of the Crime Victims
4         Compensation Act committed in a school, on the real
5         property comprising a school, or within 1,000 feet of
6         the real property comprising a school;
7         (8) make restitution as provided in Section 5-5-6 of
8     this Code;
9         (9) perform some reasonable public or community
10     service;
11         (10) serve a term of home confinement. In addition to
12     any other applicable condition of probation or conditional
13     discharge, the conditions of home confinement shall be that
14     the offender:
15             (i) remain within the interior premises of the
16         place designated for his confinement during the hours
17         designated by the court;
18             (ii) admit any person or agent designated by the
19         court into the offender's place of confinement at any
20         time for purposes of verifying the offender's
21         compliance with the conditions of his confinement; and
22             (iii) if further deemed necessary by the court or
23         the Probation or Court Services Department, be placed
24         on an approved electronic monitoring device, subject
25         to Article 8A of Chapter V;
26             (iv) for persons convicted of any alcohol,

 

 

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1         cannabis or controlled substance violation who are
2         placed on an approved monitoring device as a condition
3         of probation or conditional discharge, the court shall
4         impose a reasonable fee for each day of the use of the
5         device, as established by the county board in
6         subsection (g) of this Section, unless after
7         determining the inability of the offender to pay the
8         fee, the court assesses a lesser fee or no fee as the
9         case may be. This fee shall be imposed in addition to
10         the fees imposed under subsections (g) and (i) of this
11         Section. The fee shall be collected by the clerk of the
12         circuit court. The clerk of the circuit court shall pay
13         all monies collected from this fee to the county
14         treasurer for deposit in the substance abuse services
15         fund under Section 5-1086.1 of the Counties Code; and
16             (v) for persons convicted of offenses other than
17         those referenced in clause (iv) above and who are
18         placed on an approved monitoring device as a condition
19         of probation or conditional discharge, the court shall
20         impose a reasonable fee for each day of the use of the
21         device, as established by the county board in
22         subsection (g) of this Section, unless after
23         determining the inability of the defendant to pay the
24         fee, the court assesses a lesser fee or no fee as the
25         case may be. This fee shall be imposed in addition to
26         the fees imposed under subsections (g) and (i) of this

 

 

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1         Section. The fee shall be collected by the clerk of the
2         circuit court. The clerk of the circuit court shall pay
3         all monies collected from this fee to the county
4         treasurer who shall use the monies collected to defray
5         the costs of corrections. The county treasurer shall
6         deposit the fee collected in the county working cash
7         fund under Section 6-27001 or Section 6-29002 of the
8         Counties Code, as the case may be.
9         (11) comply with the terms and conditions of an order
10     of protection issued by the court pursuant to the Illinois
11     Domestic Violence Act of 1986, as now or hereafter amended,
12     or an order of protection issued by the court of another
13     state, tribe, or United States territory. A copy of the
14     order of protection shall be transmitted to the probation
15     officer or agency having responsibility for the case;
16         (12) reimburse any "local anti-crime program" as
17     defined in Section 7 of the Anti-Crime Advisory Council Act
18     for any reasonable expenses incurred by the program on the
19     offender's case, not to exceed the maximum amount of the
20     fine authorized for the offense for which the defendant was
21     sentenced;
22         (13) contribute a reasonable sum of money, not to
23     exceed the maximum amount of the fine authorized for the
24     offense for which the defendant was sentenced, (i) to a
25     "local anti-crime program", as defined in Section 7 of the
26     Anti-Crime Advisory Council Act, or (ii) for offenses under

 

 

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1     the jurisdiction of the Department of Natural Resources, to
2     the fund established by the Department of Natural Resources
3     for the purchase of evidence for investigation purposes and
4     to conduct investigations as outlined in Section 805-105 of
5     the Department of Natural Resources (Conservation) Law;
6         (14) refrain from entering into a designated
7     geographic area except upon such terms as the court finds
8     appropriate. Such terms may include consideration of the
9     purpose of the entry, the time of day, other persons
10     accompanying the defendant, and advance approval by a
11     probation officer, if the defendant has been placed on
12     probation or advance approval by the court, if the
13     defendant was placed on conditional discharge;
14         (15) refrain from having any contact, directly or
15     indirectly, with certain specified persons or particular
16     types of persons, including but not limited to members of
17     street gangs and drug users or dealers;
18         (16) refrain from having in his or her body the
19     presence of any illicit drug prohibited by the Cannabis
20     Control Act, the Illinois Controlled Substances Act, or the
21     Methamphetamine Control and Community Protection Act,
22     unless prescribed by a physician, and submit samples of his
23     or her blood or urine or both for tests to determine the
24     presence of any illicit drug; and
25         (17) if convicted for an offense committed on or after
26     the effective date of this amendatory Act of the 95th

 

 

09500HB3038ham001 - 66 - LRB095 06600 RLC 49228 a

1     General Assembly that would qualify the accused as a child
2     sex offender as defined in Section 11-9.3 or 11-9.4 of the
3     Criminal Code of 1961, refrain from communicating with or
4     contacting, by means of the Internet, a person who is
5     related to the accused and whom the accused reasonably
6     believes to be under 18 years of age; for purposes of this
7     paragraph (17), "Internet" has the meaning ascribed to it
8     in Section 16J-5 of the Criminal Code of 1961, as added by
9     Public Act 94-179; and a person is related to the accused
10     if the person is: (i) the spouse, brother, or sister of the
11     accused; (ii) a descendant of the accused; (iii) a first or
12     second cousin of the accused; or (iv) a step-child or
13     adopted child of the accused.
14     (c) The court may as a condition of probation or of
15 conditional discharge require that a person under 18 years of
16 age found guilty of any alcohol, cannabis or controlled
17 substance violation, refrain from acquiring a driver's license
18 during the period of probation or conditional discharge. If
19 such person is in possession of a permit or license, the court
20 may require that the minor refrain from driving or operating
21 any motor vehicle during the period of probation or conditional
22 discharge, except as may be necessary in the course of the
23 minor's lawful employment.
24     (d) An offender sentenced to probation or to conditional
25 discharge shall be given a certificate setting forth the
26 conditions thereof.

 

 

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1     (e) Except where the offender has committed a fourth or
2 subsequent violation of subsection (c) of Section 6-303 of the
3 Illinois Vehicle Code, the court shall not require as a
4 condition of the sentence of probation or conditional discharge
5 that the offender be committed to a period of imprisonment in
6 excess of 6 months. This 6 month limit shall not include
7 periods of confinement given pursuant to a sentence of county
8 impact incarceration under Section 5-8-1.2.
9     Persons committed to imprisonment as a condition of
10 probation or conditional discharge shall not be committed to
11 the Department of Corrections.
12     (f) The court may combine a sentence of periodic
13 imprisonment under Article 7 or a sentence to a county impact
14 incarceration program under Article 8 with a sentence of
15 probation or conditional discharge.
16     (g) An offender sentenced to probation or to conditional
17 discharge and who during the term of either undergoes mandatory
18 drug or alcohol testing, or both, or is assigned to be placed
19 on an approved electronic monitoring device, shall be ordered
20 to pay all costs incidental to such mandatory drug or alcohol
21 testing, or both, and all costs incidental to such approved
22 electronic monitoring in accordance with the defendant's
23 ability to pay those costs. The county board with the
24 concurrence of the Chief Judge of the judicial circuit in which
25 the county is located shall establish reasonable fees for the
26 cost of maintenance, testing, and incidental expenses related

 

 

09500HB3038ham001 - 68 - LRB095 06600 RLC 49228 a

1 to the mandatory drug or alcohol testing, or both, and all
2 costs incidental to approved electronic monitoring, involved
3 in a successful probation program for the county. The
4 concurrence of the Chief Judge shall be in the form of an
5 administrative order. The fees shall be collected by the clerk
6 of the circuit court. The clerk of the circuit court shall pay
7 all moneys collected from these fees to the county treasurer
8 who shall use the moneys collected to defray the costs of drug
9 testing, alcohol testing, and electronic monitoring. The
10 county treasurer shall deposit the fees collected in the county
11 working cash fund under Section 6-27001 or Section 6-29002 of
12 the Counties Code, as the case may be.
13     (h) Jurisdiction over an offender may be transferred from
14 the sentencing court to the court of another circuit with the
15 concurrence of both courts. Further transfers or retransfers of
16 jurisdiction are also authorized in the same manner. The court
17 to which jurisdiction has been transferred shall have the same
18 powers as the sentencing court.
19     (i) The court shall impose upon an offender sentenced to
20 probation after January 1, 1989 or to conditional discharge
21 after January 1, 1992 or to community service under the
22 supervision of a probation or court services department after
23 January 1, 2004, as a condition of such probation or
24 conditional discharge or supervised community service, a fee of
25 $50 for each month of probation or conditional discharge
26 supervision or supervised community service ordered by the

 

 

09500HB3038ham001 - 69 - LRB095 06600 RLC 49228 a

1 court, unless after determining the inability of the person
2 sentenced to probation or conditional discharge or supervised
3 community service to pay the fee, the court assesses a lesser
4 fee. The court may not impose the fee on a minor who is made a
5 ward of the State under the Juvenile Court Act of 1987 while
6 the minor is in placement. The fee shall be imposed only upon
7 an offender who is actively supervised by the probation and
8 court services department. The fee shall be collected by the
9 clerk of the circuit court. The clerk of the circuit court
10 shall pay all monies collected from this fee to the county
11 treasurer for deposit in the probation and court services fund
12 under Section 15.1 of the Probation and Probation Officers Act.
13     A circuit court may not impose a probation fee under this
14 subsection (i) in excess of $25 per month unless: (1) the
15 circuit court has adopted, by administrative order issued by
16 the chief judge, a standard probation fee guide determining an
17 offender's ability to pay, under guidelines developed by the
18 Administrative Office of the Illinois Courts; and (2) the
19 circuit court has authorized, by administrative order issued by
20 the chief judge, the creation of a Crime Victim's Services
21 Fund, to be administered by the Chief Judge or his or her
22 designee, for services to crime victims and their families. Of
23 the amount collected as a probation fee, up to $5 of that fee
24 collected per month may be used to provide services to crime
25 victims and their families.
26     This amendatory Act of the 93rd General Assembly deletes

 

 

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1 the $10 increase in the fee under this subsection that was
2 imposed by Public Act 93-616. This deletion is intended to
3 control over any other Act of the 93rd General Assembly that
4 retains or incorporates that fee increase.
5     (i-5) In addition to the fees imposed under subsection (i)
6 of this Section, in the case of an offender convicted of a
7 felony sex offense (as defined in the Sex Offender Management
8 Board Act) or an offense that the court or probation department
9 has determined to be sexually motivated (as defined in the Sex
10 Offender Management Board Act), the court or the probation
11 department shall assess additional fees to pay for all costs of
12 treatment, assessment, evaluation for risk and treatment, and
13 monitoring the offender, based on that offender's ability to
14 pay those costs either as they occur or under a payment plan.
15     (j) All fines and costs imposed under this Section for any
16 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
17 Code, or a similar provision of a local ordinance, and any
18 violation of the Child Passenger Protection Act, or a similar
19 provision of a local ordinance, shall be collected and
20 disbursed by the circuit clerk as provided under Section 27.5
21 of the Clerks of Courts Act.
22     (k) Any offender who is sentenced to probation or
23 conditional discharge for a felony sex offense as defined in
24 the Sex Offender Management Board Act or any offense that the
25 court or probation department has determined to be sexually
26 motivated as defined in the Sex Offender Management Board Act

 

 

09500HB3038ham001 - 71 - LRB095 06600 RLC 49228 a

1 shall be required to refrain from any contact, directly or
2 indirectly, with any persons specified by the court and shall
3 be available for all evaluations and treatment programs
4 required by the court or the probation department.
5     (l) The court may order an offender who is sentenced to
6 probation or conditional discharge for a violation of an order
7 of protection be placed under electronic surveillance as
8 provided in Section 5-8A-7 of this Code.
9 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
10 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
11 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised
12 12-26-07.)
 
13     (730 ILCS 5/5-8A-7 new)
14     Sec. 5-8A-7. Domestic violence surveillance program. If
15 the Prisoner Review Board, Department of Corrections, or court
16 orders electronic surveillance as a condition of parole,
17 mandatory supervised release, early release, probation, or
18 conditional discharge for a violation of an order of protection
19 or as a condition of bail for a person charged with a violation
20 of an order of protection, the supervising authority must use a
21 system that requires the defendant to carry or wear a global
22 positioning system device, provides the victim with an
23 electronic receptor device, and actively monitors and
24 identifies the offender's current location and timely reports
25 or records the offender's presence and alerts the supervising

 

 

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1 authority and the victim of the offender's presence in a place
2 prohibited in the order of protection and the offender's
3 departure from specified geographic limitations.
 
4     (730 ILCS 5/5-9-1.16 new)
5     Sec. 5-9-1.16. Protective order violation fines.
6     (a) There shall be added to every penalty imposed in
7 sentencing for a violation of an order of protection under
8 Section 12-30 of the Criminal Code of 1961 an additional fine
9 to be set in an amount not less than $200 to be imposed upon a
10 plea of guilty or finding of guilty resulting in a judgment of
11 conviction.
12     (b) Such additional amount shall be assessed by the court
13 imposing sentence and shall be collected by the Circuit Clerk
14 in addition to the fine, if any, and costs in the case to be
15 used by the Illinois State Police in implementing the domestic
16 violence surveillance program. Each such additional penalty
17 shall be remitted by the Circuit Clerk within one month after
18 receipt to the State Treasurer for deposit into the Domestic
19 Violence Surveillance Fund. The Circuit Clerk shall retain 10%
20 of such penalty to cover the costs incurred in administering
21 and enforcing this Section. Such additional penalty shall not
22 be considered a part of the fine for purposes of any reduction
23 in the fine for time served either before or after sentencing.
24     (c) Not later than March 1 of each year the Clerk of the
25 Circuit Court shall submit to the State Comptroller a report of

 

 

09500HB3038ham001 - 73 - LRB095 06600 RLC 49228 a

1 the amount of funds remitted by him or her to the State
2 Treasurer under this Section during the preceding calendar
3 year. Except as otherwise provided by Supreme Court Rules, if a
4 court in sentencing an offender levies a gross amount for fine,
5 costs, fees and penalties, the amount of the additional penalty
6 provided for herein shall be collected from the amount
7 remaining after deducting from the gross amount levied all fees
8 of the Circuit Clerk, the State's Attorney and the Sheriff.
9 After deducting from the gross amount levied the fees and
10 additional penalty provided for herein, less any other
11 additional penalties provided by law, the clerk shall remit the
12 net balance remaining to the State Treasurer for deposit into
13 the Domestic Violence Surveillance Fund.
14     (d) Moneys in the Domestic Violence Surveillance Fund shall
15 be used by the supervising authority of a respondent ordered to
16 carry or wear a global positioning system device for a
17 violation of an order of protection under Section 12-30 of the
18 Criminal Code of 1961 to offset the costs of such surveillance
19 of the respondent.
20     (e) For purposes of this Section "fees of the Circuit
21 Clerk" shall include, if applicable, the fee provided for under
22 Section 27.3a of the Clerks of Courts Act and the fee, if
23 applicable, payable to the county in which the violation
24 occurred under Section 5-1101 of the Counties Code.
 
25     Section 30. The Illinois Domestic Violence Act of 1986 is

 

 

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1 amended by changing Section 214 as follows:
 
2     (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
3     Sec. 214. Order of protection; remedies.
4     (a) Issuance of order. If the court finds that petitioner
5 has been abused by a family or household member or that
6 petitioner is a high-risk adult who has been abused, neglected,
7 or exploited, as defined in this Act, an order of protection
8 prohibiting the abuse, neglect, or exploitation shall issue;
9 provided that petitioner must also satisfy the requirements of
10 one of the following Sections, as appropriate: Section 217 on
11 emergency orders, Section 218 on interim orders, or Section 219
12 on plenary orders. Petitioner shall not be denied an order of
13 protection because petitioner or respondent is a minor. The
14 court, when determining whether or not to issue an order of
15 protection, shall not require physical manifestations of abuse
16 on the person of the victim. Modification and extension of
17 prior orders of protection shall be in accordance with this
18 Act.
19     (b) Remedies and standards. The remedies to be included in
20 an order of protection shall be determined in accordance with
21 this Section and one of the following Sections, as appropriate:
22 Section 217 on emergency orders, Section 218 on interim orders,
23 and Section 219 on plenary orders. The remedies listed in this
24 subsection shall be in addition to other civil or criminal
25 remedies available to petitioner. The remedy provided in

 

 

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1 paragraph (18) of this subsection (b) shall be included in
2 every order of protection issued on or after the effective date
3 of this amendatory Act of the 95th General Assembly.
4         (1) Prohibition of abuse, neglect, or exploitation.
5     Prohibit respondent's harassment, interference with
6     personal liberty, intimidation of a dependent, physical
7     abuse, or willful deprivation, neglect or exploitation, as
8     defined in this Act, or stalking of the petitioner, as
9     defined in Section 12-7.3 of the Criminal Code of 1961, if
10     such abuse, neglect, exploitation, or stalking has
11     occurred or otherwise appears likely to occur if not
12     prohibited.
13         (2) Grant of exclusive possession of residence.
14     Prohibit respondent from entering or remaining in any
15     residence or household of the petitioner, including one
16     owned or leased by respondent, if petitioner has a right to
17     occupancy thereof. The grant of exclusive possession of the
18     residence shall not affect title to real property, nor
19     shall the court be limited by the standard set forth in
20     Section 701 of the Illinois Marriage and Dissolution of
21     Marriage Act.
22             (A) Right to occupancy. A party has a right to
23         occupancy of a residence or household if it is solely
24         or jointly owned or leased by that party, that party's
25         spouse, a person with a legal duty to support that
26         party or a minor child in that party's care, or by any

 

 

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1         person or entity other than the opposing party that
2         authorizes that party's occupancy (e.g., a domestic
3         violence shelter). Standards set forth in subparagraph
4         (B) shall not preclude equitable relief.
5             (B) Presumption of hardships. If petitioner and
6         respondent each has the right to occupancy of a
7         residence or household, the court shall balance (i) the
8         hardships to respondent and any minor child or
9         dependent adult in respondent's care resulting from
10         entry of this remedy with (ii) the hardships to
11         petitioner and any minor child or dependent adult in
12         petitioner's care resulting from continued exposure to
13         the risk of abuse (should petitioner remain at the
14         residence or household) or from loss of possession of
15         the residence or household (should petitioner leave to
16         avoid the risk of abuse). When determining the balance
17         of hardships, the court shall also take into account
18         the accessibility of the residence or household.
19         Hardships need not be balanced if respondent does not
20         have a right to occupancy.
21             The balance of hardships is presumed to favor
22         possession by petitioner unless the presumption is
23         rebutted by a preponderance of the evidence, showing
24         that the hardships to respondent substantially
25         outweigh the hardships to petitioner and any minor
26         child or dependent adult in petitioner's care. The

 

 

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1         court, on the request of petitioner or on its own
2         motion, may order respondent to provide suitable,
3         accessible, alternate housing for petitioner instead
4         of excluding respondent from a mutual residence or
5         household.
6         (3) Stay away order and additional prohibitions. Order
7     respondent to stay away from petitioner or any other person
8     protected by the order of protection, or prohibit
9     respondent from entering or remaining present at
10     petitioner's school, place of employment, or other
11     specified places at times when petitioner is present, or
12     both, if reasonable, given the balance of hardships.
13     Hardships need not be balanced for the court to enter a
14     stay away order or prohibit entry if respondent has no
15     right to enter the premises.
16         If an order of protection grants petitioner exclusive
17     possession of the residence, or prohibits respondent from
18     entering the residence, or orders respondent to stay away
19     from petitioner or other protected persons, then the court
20     may allow respondent access to the residence to remove
21     items of clothing and personal adornment used exclusively
22     by respondent, medications, and other items as the court
23     directs. The right to access shall be exercised on only one
24     occasion as the court directs and in the presence of an
25     agreed-upon adult third party or law enforcement officer.
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, psychiatrist,
3     family service agency, alcohol or substance abuse program,
4     mental health center guidance counselor, agency providing
5     services to elders, program designed for domestic violence
6     abusers or any other guidance service the court deems
7     appropriate.
8         (5) Physical care and possession of the minor child. In
9     order to protect the minor child from abuse, neglect, or
10     unwarranted separation from the person who has been the
11     minor child's primary caretaker, or to otherwise protect
12     the well-being of the minor child, the court may do either
13     or both of the following: (i) grant petitioner physical
14     care or possession of the minor child, or both, or (ii)
15     order respondent to return a minor child to, or not remove
16     a minor child from, the physical care of a parent or person
17     in loco parentis.
18         If a court finds, after a hearing, that respondent has
19     committed abuse (as defined in Section 103) of a minor
20     child, there shall be a rebuttable presumption that
21     awarding physical care to respondent would not be in the
22     minor child's best interest.
23         (6) Temporary legal custody. Award temporary legal
24     custody to petitioner in accordance with this Section, the
25     Illinois Marriage and Dissolution of Marriage Act, the
26     Illinois Parentage Act of 1984, and this State's Uniform

 

 

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1     Child-Custody Jurisdiction and Enforcement Act.
2         If a court finds, after a hearing, that respondent has
3     committed abuse (as defined in Section 103) of a minor
4     child, there shall be a rebuttable presumption that
5     awarding temporary legal custody to respondent would not be
6     in the child's best interest.
7         (7) Visitation. Determine the visitation rights, if
8     any, of respondent in any case in which the court awards
9     physical care or temporary legal custody of a minor child
10     to petitioner. The court shall restrict or deny
11     respondent's visitation with a minor child if the court
12     finds that respondent has done or is likely to do any of
13     the following: (i) abuse or endanger the minor child during
14     visitation; (ii) use the visitation as an opportunity to
15     abuse or harass petitioner or petitioner's family or
16     household members; (iii) improperly conceal or detain the
17     minor child; or (iv) otherwise act in a manner that is not
18     in the best interests of the minor child. The court shall
19     not be limited by the standards set forth in Section 607.1
20     of the Illinois Marriage and Dissolution of Marriage Act.
21     If the court grants visitation, the order shall specify
22     dates and times for the visitation to take place or other
23     specific parameters or conditions that are appropriate. No
24     order for visitation shall refer merely to the term
25     "reasonable visitation".
26         Petitioner may deny respondent access to the minor

 

 

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1     child if, when respondent arrives for visitation,
2     respondent is under the influence of drugs or alcohol and
3     constitutes a threat to the safety and well-being of
4     petitioner or petitioner's minor children or is behaving in
5     a violent or abusive manner.
6         If necessary to protect any member of petitioner's
7     family or household from future abuse, respondent shall be
8     prohibited from coming to petitioner's residence to meet
9     the minor child for visitation, and the parties shall
10     submit to the court their recommendations for reasonable
11     alternative arrangements for visitation. A person may be
12     approved to supervise visitation only after filing an
13     affidavit accepting that responsibility and acknowledging
14     accountability to the court.
15         (8) Removal or concealment of minor child. Prohibit
16     respondent from removing a minor child from the State or
17     concealing the child within the State.
18         (9) Order to appear. Order the respondent to appear in
19     court, alone or with a minor child, to prevent abuse,
20     neglect, removal or concealment of the child, to return the
21     child to the custody or care of the petitioner or to permit
22     any court-ordered interview or examination of the child or
23     the respondent.
24         (10) Possession of personal property. Grant petitioner
25     exclusive possession of personal property and, if
26     respondent has possession or control, direct respondent to

 

 

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

 

 

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1     petitioner relief under subparagraph (ii) of this
2     paragraph only if a proper proceeding has been filed under
3     the Illinois Marriage and Dissolution of Marriage Act, as
4     now or hereafter amended.
5         The court may further prohibit respondent from
6     improperly using the financial or other resources of an
7     aged member of the family or household for the profit or
8     advantage of respondent or of any other person.
9         (11.5) Protection of animals. Grant the petitioner the
10     exclusive care, custody, or control of any animal owned,
11     possessed, leased, kept, or held by either the petitioner
12     or the respondent or a minor child residing in the
13     residence or household of either the petitioner or the
14     respondent and order the respondent to stay away from the
15     animal and forbid the respondent from taking,
16     transferring, encumbering, concealing, harming, or
17     otherwise disposing of the animal.
18         (12) Order for payment of support. Order respondent to
19     pay temporary support for the petitioner or any child in
20     the petitioner's care or custody, when the respondent has a
21     legal obligation to support that person, in accordance with
22     the Illinois Marriage and Dissolution of Marriage Act,
23     which shall govern, among other matters, the amount of
24     support, payment through the clerk and withholding of
25     income to secure payment. An order for child support may be
26     granted to a petitioner with lawful physical care or

 

 

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1     custody of a child, or an order or agreement for physical
2     care or custody, prior to entry of an order for legal
3     custody. Such a support order shall expire upon entry of a
4     valid order granting legal custody to another, unless
5     otherwise provided in the custody order.
6         (13) Order for payment of losses. Order respondent to
7     pay petitioner for losses suffered as a direct result of
8     the abuse, neglect, or exploitation. Such losses shall
9     include, but not be limited to, medical expenses, lost
10     earnings or other support, repair or replacement of
11     property damaged or taken, reasonable attorney's fees,
12     court costs and moving or other travel expenses, including
13     additional reasonable expenses for temporary shelter and
14     restaurant meals.
15             (i) Losses affecting family needs. If a party is
16         entitled to seek maintenance, child support or
17         property distribution from the other party under the
18         Illinois Marriage and Dissolution of Marriage Act, as
19         now or hereafter amended, the court may order
20         respondent to reimburse petitioner's actual losses, to
21         the extent that such reimbursement would be
22         "appropriate temporary relief", as authorized by
23         subsection (a)(3) of Section 501 of that Act.
24             (ii) Recovery of expenses. In the case of an
25         improper concealment or removal of a minor child, the
26         court may order respondent to pay the reasonable

 

 

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1         expenses incurred or to be incurred in the search for
2         and recovery of the minor child, including but not
3         limited to legal fees, court costs, private
4         investigator fees, and travel costs.
5         (14) Prohibition of entry. Prohibit the respondent
6     from entering or remaining in the residence or household
7     while the respondent is under the influence of alcohol or
8     drugs and constitutes a threat to the safety and well-being
9     of the petitioner or the petitioner's children.
10         (14.5) Prohibition of firearm possession.
11             (a) When a complaint is made under a request for an
12         order of protection, that the respondent has
13         threatened or is likely to use firearms illegally
14         against the petitioner, and the respondent is present
15         in court, or has failed to appear after receiving
16         actual notice, the court shall examine on oath the
17         petitioner, and any witnesses who may be produced. If
18         the court is satisfied that there is any danger of the
19         illegal use of firearms, it shall issue an order that
20         any firearms in the possession of the respondent,
21         except as provided in subsection (b), be turned over to
22         the local law enforcement agency for safekeeping. If
23         the respondent has failed to appear, the court shall
24         issue a warrant for seizure of any firearm in the
25         possession of the respondent. The period of
26         safekeeping shall be for a stated period of time not to

 

 

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1         exceed 2 years. The firearm or firearms shall be
2         returned to the respondent at the end of the stated
3         period or at expiration of the order of protection,
4         whichever is sooner.
5             (b) If the respondent is a peace officer as defined
6         in Section 2-13 of the Criminal Code of 1961, the court
7         shall order that any firearms used by the respondent in
8         the performance of his or her duties as a peace officer
9         be surrendered to the chief law enforcement executive
10         of the agency in which the respondent is employed, who
11         shall retain the firearms for safekeeping for the
12         stated period not to exceed 2 years as set forth in the
13         court order.
14         (15) Prohibition of access to records. If an order of
15     protection prohibits respondent from having contact with
16     the minor child, or if petitioner's address is omitted
17     under subsection (b) of Section 203, or if necessary to
18     prevent abuse or wrongful removal or concealment of a minor
19     child, the order shall deny respondent access to, and
20     prohibit respondent from inspecting, obtaining, or
21     attempting to inspect or obtain, school or any other
22     records of the minor child who is in the care of
23     petitioner.
24         (16) Order for payment of shelter services. Order
25     respondent to reimburse a shelter providing temporary
26     housing and counseling services to the petitioner for the

 

 

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1     cost of the services, as certified by the shelter and
2     deemed reasonable by the court.
3         (17) Order for injunctive relief. Enter injunctive
4     relief necessary or appropriate to prevent further abuse of
5     a family or household member or further abuse, neglect, or
6     exploitation of a high-risk adult with disabilities or to
7     effectuate one of the granted remedies, if supported by the
8     balance of hardships. If the harm to be prevented by the
9     injunction is abuse or any other harm that one of the
10     remedies listed in paragraphs (1) through (16) of this
11     subsection is designed to prevent, no further evidence is
12     necessary that the harm is an irreparable injury.
13         (18) Order for attendance at partner abuse
14     intervention programs. Order the respondent to attend and
15     complete partner abuse intervention programs per protocols
16     set by the Illinois Department of Human Services under such
17     terms and conditions as the court may direct.
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, neglect
25         or exploitation of the petitioner or any family or
26         household member, including the concealment of his or

 

 

09500HB3038ham001 - 87 - LRB095 06600 RLC 49228 a

1         her location in order to evade service of process or
2         notice, and the likelihood of danger of future abuse,
3         neglect, or exploitation to petitioner or any member of
4         petitioner's or respondent's family or household; and
5             (ii) the danger that any minor child will be abused
6         or neglected or improperly removed from the
7         jurisdiction, improperly concealed within the State or
8         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 or
17         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, the court shall make its findings
24     in an official record or in writing, and shall at a minimum
25     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) of
2         this subsection.
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) For purposes of issuing an ex parte emergency order
10     of protection, the court, as an alternative to or as a
11     supplement to making the findings described in paragraphs
12     (c)(3)(i) through (c)(3)(iii) of this subsection, may use
13     the following procedure:
14         When a verified petition for an emergency order of
15     protection in accordance with the requirements of Sections
16     203 and 217 is presented to the court, the court shall
17     examine petitioner on oath or affirmation. An emergency
18     order of protection shall be issued by the court if it
19     appears from the contents of the petition and the
20     examination of petitioner that the averments are
21     sufficient to indicate abuse by respondent and to support
22     the granting of relief under the issuance of the emergency
23     order of protection.
24         (5) Never married parties. No rights or
25     responsibilities for a minor child born outside of marriage
26     attach to a putative father until a father and child

 

 

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1     relationship has been established under the Illinois
2     Parentage Act of 1984, the Illinois Public Aid Code,
3     Section 12 of the Vital Records Act, the Juvenile Court Act
4     of 1987, the Probate Act of 1985, the Revised Uniform
5     Reciprocal Enforcement of Support Act, the Uniform
6     Interstate Family Support Act, the Expedited Child Support
7     Act of 1990, any judicial, administrative, or other act of
8     another state or territory, any other Illinois statute, or
9     by any foreign nation establishing the father and child
10     relationship, any other proceeding substantially in
11     conformity with the Personal Responsibility and Work
12     Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
13     or where both parties appeared in open court or at an
14     administrative hearing acknowledging under oath or
15     admitting by affirmation the existence of a father and
16     child relationship. Absent such an adjudication, finding,
17     or acknowledgement, no putative father shall be granted
18     temporary custody of the minor child, visitation with the
19     minor child, or physical care and possession of the minor
20     child, nor shall an order of payment for support of the
21     minor child be entered.
22     (d) Balance of hardships; findings. If the court finds that
23 the balance of hardships does not support the granting of a
24 remedy governed by paragraph (2), (3), (10), (11), or (16) of
25 subsection (b) of this Section, which may require such
26 balancing, the court's findings shall so indicate and shall

 

 

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1 include a finding as to whether granting the remedy will result
2 in hardship to respondent that would substantially outweigh the
3 hardship to petitioner from denial of the remedy. The findings
4 shall be an official record or in writing.
5     (e) Denial of remedies. Denial of any remedy shall not be
6 based, in whole or in part, on evidence that:
7         (1) Respondent has cause for any use of force, unless
8     that cause satisfies the standards for justifiable use of
9     force provided by Article VII of the Criminal Code of 1961;
10         (2) Respondent was voluntarily intoxicated;
11         (3) Petitioner acted in self-defense or defense of
12     another, provided that, if petitioner utilized force, such
13     force was justifiable under Article VII of the Criminal
14     Code of 1961;
15         (4) Petitioner did not act in self-defense or defense
16     of another;
17         (5) Petitioner left the residence or household to avoid
18     further abuse, neglect, or exploitation by respondent;
19         (6) Petitioner did not leave the residence or household
20     to avoid further abuse, neglect, or exploitation by
21     respondent;
22         (7) Conduct by any family or household member excused
23     the abuse, neglect, or exploitation by respondent, unless
24     that same conduct would have excused such abuse, neglect,
25     or exploitation if the parties had not been family or
26     household members.

 

 

09500HB3038ham001 - 91 - LRB095 06600 RLC 49228 a

1 (Source: P.A. 95-234, eff. 1-1-08.)".