Full Text of SB2288 100th General Assembly
SB2288sam002 100TH GENERAL ASSEMBLY | Sen. Jil Tracy Filed: 4/10/2018
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| 1 | | AMENDMENT TO SENATE BILL 2288
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Section 80 as follows: | 6 | | (740 ILCS 21/80)
| 7 | | Sec. 80. Stalking no contact orders; remedies. | 8 | | (a) If the court finds that the petitioner has been a | 9 | | victim of stalking, a stalking no contact order shall issue; | 10 | | provided that the petitioner must also satisfy the requirements | 11 | | of Section 95 on emergency orders or Section 100 on plenary | 12 | | orders. The petitioner shall not be denied a stalking no | 13 | | contact order because the petitioner or the respondent is a | 14 | | minor. The court, when determining whether or not to issue a | 15 | | stalking no contact order, may not require physical injury on | 16 | | the person of the petitioner. Modification and extension of |
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| 1 | | prior stalking no contact orders shall be in accordance with | 2 | | this Act. | 3 | | (b) A stalking no contact order shall order one or more of | 4 | | the following: | 5 | | (1) prohibit the respondent from threatening to commit | 6 | | or committing stalking; | 7 | | (2) order the respondent not to have any contact with | 8 | | the petitioner or a third person specifically named by the | 9 | | court; | 10 | | (3) prohibit the respondent from knowingly coming | 11 | | within, or knowingly remaining within a specified distance | 12 | | of the petitioner or the petitioner's residence, school, | 13 | | daycare, or place of employment, or any specified place | 14 | | frequented by the petitioner; however, the court may order | 15 | | the respondent to stay away from the respondent's own | 16 | | residence, school, or place of employment only if the | 17 | | respondent has been provided actual notice of the | 18 | | opportunity to appear and be heard on the petition; | 19 | | (4) prohibit the respondent from possessing a Firearm | 20 | | Owners Identification Card, or possessing or buying | 21 | | firearms; and | 22 | | (5) order the respondent to submit to a mental health
| 23 | | evaluation; and | 24 | | (6) (5) order other injunctive relief the court | 25 | | determines to be necessary to protect the petitioner or | 26 | | third party specifically named by the court. |
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| 1 | | (b-5) When the petitioner and the respondent attend the | 2 | | same public, private, or non-public elementary, middle, or high | 3 | | school, the court when issuing a stalking no contact order and | 4 | | providing relief shall consider the severity of the act, any | 5 | | continuing physical danger or emotional distress to the | 6 | | petitioner, the educational rights guaranteed to the | 7 | | petitioner and respondent under federal and State law, the | 8 | | availability of a transfer of the respondent to another school, | 9 | | a change of placement or a change of program of the respondent, | 10 | | the expense, difficulty, and educational disruption that would | 11 | | be caused by a transfer of the respondent to another school, | 12 | | and any other relevant facts of the case. The court may order | 13 | | that the respondent not attend the public, private, or | 14 | | non-public elementary, middle, or high school attended by the | 15 | | petitioner, order that the respondent accept a change of | 16 | | placement or program, as determined by the school district or | 17 | | private or non-public school, or place restrictions on the | 18 | | respondent's movements within the school attended by the | 19 | | petitioner.
The respondent bears the burden of proving by a | 20 | | preponderance of the evidence that a transfer, change of | 21 | | placement, or change of program of the respondent is not | 22 | | available. The respondent also bears the burden of production | 23 | | with respect to the expense, difficulty, and educational | 24 | | disruption that would be caused by a transfer of the respondent | 25 | | to another school. A transfer, change of placement, or change | 26 | | of program is not unavailable to the respondent solely on the |
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| 1 | | ground that the respondent does not agree with the school | 2 | | district's or private or non-public school's transfer, change | 3 | | of placement, or change of program or solely on the ground that | 4 | | the respondent fails or refuses to consent to or otherwise does | 5 | | not take an action required to effectuate a transfer, change of | 6 | | placement, or change of program.
When a court orders a | 7 | | respondent to stay away from the public, private, or non-public | 8 | | school attended by the petitioner and the respondent requests a | 9 | | transfer to another attendance center within the respondent's | 10 | | school district or private or non-public school, the school | 11 | | district or private or non-public school shall have sole | 12 | | discretion to determine the attendance center to which the | 13 | | respondent is transferred.
In the event the court order results | 14 | | in a transfer of the minor respondent to another attendance | 15 | | center, a change in the respondent's placement, or a change of | 16 | | the respondent's program, the parents, guardian, or legal | 17 | | custodian of the respondent is responsible for transportation | 18 | | and other costs associated with the transfer or change. | 19 | | (b-6) The court may order the parents, guardian, or legal | 20 | | custodian of a minor respondent to take certain actions or to | 21 | | refrain from taking certain actions to ensure that the | 22 | | respondent complies with the order. In the event the court | 23 | | orders a transfer of the respondent to another school, the | 24 | | parents, guardian, or legal custodian of the respondent are | 25 | | responsible for transportation and other costs associated with | 26 | | the change of school by the respondent. |
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| 1 | | (b-7) The court shall not hold a school district or private | 2 | | or non-public school or any of its employees in civil or | 3 | | criminal contempt unless the school district or private or | 4 | | non-public school has been allowed to intervene. | 5 | | (b-8) The court may hold the parents, guardian, or legal | 6 | | custodian of a minor respondent in civil or criminal contempt | 7 | | for a violation of any provision of any order entered under | 8 | | this Act for conduct of the minor respondent in violation of | 9 | | this Act if the
parents, guardian, or legal custodian directed, | 10 | | encouraged, or assisted the respondent minor in such conduct. | 11 | | (c) The court may award the petitioner costs and attorneys | 12 | | fees if a stalking no contact order is granted. | 13 | | (d) Monetary damages are not recoverable as a remedy. | 14 | | (e) If the stalking no contact order prohibits the | 15 | | respondent from possessing a Firearm Owner's Identification | 16 | | Card, or possessing or buying firearms; the court shall | 17 | | confiscate the respondent's Firearm Owner's Identification | 18 | | Card and immediately return the card to the Department of State | 19 | | Police Firearm Owner's Identification Card Office.
| 20 | | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; | 21 | | 97-1131, eff. 1-1-13.) | 22 | | Section 10. The Civil No Contact Order Act is amended by | 23 | | changing Section 213 as follows:
| 24 | | (740 ILCS 22/213)
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| 1 | | Sec. 213. Civil no contact order; remedies.
| 2 | | (a) If the court finds that the petitioner has been a | 3 | | victim of
non-consensual sexual conduct or non-consensual | 4 | | sexual penetration, a civil no
contact order shall issue; | 5 | | provided that the petitioner must also satisfy the
requirements | 6 | | of Section
214 on emergency orders or Section 215 on plenary | 7 | | orders. The petitioner
shall not be denied a civil no contact | 8 | | order because the petitioner or the
respondent is a minor. The | 9 | | court, when
determining whether or not to issue a civil no | 10 | | contact order, may not
require physical injury on the person of | 11 | | the victim.
Modification and extension of prior civil no | 12 | | contact orders shall be in
accordance with this Act.
| 13 | | (b) (Blank).
| 14 | | (b-5) The court may provide relief as follows: | 15 | | (1) prohibit the respondent from knowingly coming | 16 | | within, or knowingly remaining within, a specified | 17 | | distance from the petitioner; | 18 | | (2) restrain the respondent from having any contact, | 19 | | including nonphysical contact, with the petitioner | 20 | | directly, indirectly, or through third parties, regardless | 21 | | of whether those third parties know of the order; | 22 | | (3) prohibit the respondent from knowingly coming | 23 | | within, or knowingly remaining within, a specified | 24 | | distance from the petitioner's residence, school, day care | 25 | | or other specified location; | 26 | | (4) order the respondent to stay away from any property |
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| 1 | | or animal owned, possessed, leased, kept, or held by the | 2 | | petitioner and forbid the respondent from taking, | 3 | | transferring, encumbering, concealing, harming, or | 4 | | otherwise disposing of the property or animal; and | 5 | | (5) order the respondent to submit to a mental health
| 6 | | evaluation; and | 7 | | (6) (5) order any other injunctive relief as necessary | 8 | | or appropriate for the protection of the petitioner. | 9 | | (b-6) When the petitioner and the respondent attend the | 10 | | same public or private elementary, middle, or high school, the | 11 | | court when issuing a civil no contact order and providing | 12 | | relief shall consider the severity of the act, any continuing | 13 | | physical danger or emotional distress to the petitioner, the | 14 | | educational rights guaranteed to the petitioner and respondent | 15 | | under federal and State law, the availability of a transfer of | 16 | | the respondent to another school, a change of placement or a | 17 | | change of program of the respondent, the expense, difficulty, | 18 | | and educational disruption that would be caused by a transfer | 19 | | of the respondent to another school, and any other relevant | 20 | | facts of the case. The court may order that the respondent not | 21 | | attend the public, private, or non-public elementary, middle, | 22 | | or high school attended by the petitioner, order that the | 23 | | respondent accept a change of placement or program, as | 24 | | determined by the school district or private or non-public | 25 | | school, or place restrictions on the respondent's movements | 26 | | within the school attended by the petitioner.
The respondent |
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| 1 | | bears the burden of proving by a preponderance of the evidence | 2 | | that a transfer, change of placement, or change of program of | 3 | | the respondent is not available. The respondent also bears the | 4 | | burden of production with respect to the expense, difficulty, | 5 | | and educational disruption that would be caused by a transfer | 6 | | of the respondent to another school. A transfer, change of | 7 | | placement, or change of program is not unavailable to the | 8 | | respondent solely on the ground that the respondent does not | 9 | | agree with the school district's or private or non-public | 10 | | school's transfer, change of placement, or change of program or | 11 | | solely on the ground that the respondent fails or refuses to | 12 | | consent to or otherwise does not take an action required to | 13 | | effectuate a transfer, change of placement, or change of | 14 | | program.
When a court orders a respondent to stay away from the | 15 | | public, private, or non-public school attended by the | 16 | | petitioner and the respondent requests a transfer to another | 17 | | attendance center within the respondent's school district or | 18 | | private or non-public school, the school district or private or | 19 | | non-public school shall have sole discretion to determine the | 20 | | attendance center to which the respondent is transferred.
In | 21 | | the event the court order results in a transfer of the minor | 22 | | respondent to another attendance center, a change in the | 23 | | respondent's placement, or a change of the respondent's | 24 | | program, the parents, guardian, or legal custodian of the | 25 | | respondent is responsible for transportation and other costs | 26 | | associated with the transfer or change. |
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| 1 | | (b-7) The court may order the parents, guardian, or legal | 2 | | custodian of a minor respondent to take certain actions or to | 3 | | refrain from taking certain actions to ensure that the | 4 | | respondent complies with the order. In the event the court | 5 | | orders a transfer of the respondent to another school, the | 6 | | parents or legal guardians of the respondent are responsible | 7 | | for transportation and other costs associated with the change | 8 | | of school by the respondent. | 9 | | (c) Denial of a remedy may not be based, in whole or in | 10 | | part, on
evidence that:
| 11 | | (1) the respondent has cause for any use of force, | 12 | | unless that
cause satisfies the standards for justifiable | 13 | | use of force provided
by Article 7 of the Criminal Code of | 14 | | 2012;
| 15 | | (2) the respondent was voluntarily intoxicated;
| 16 | | (3) the petitioner acted in self-defense or defense of | 17 | | another,
provided that, if the petitioner utilized force, | 18 | | such force was
justifiable under Article 7 of the Criminal | 19 | | Code of 2012;
| 20 | | (4) the petitioner did not act in self-defense or | 21 | | defense of
another;
| 22 | | (5) the petitioner left the residence or household to | 23 | | avoid
further non-consensual sexual conduct or | 24 | | non-consensual sexual penetration
by the respondent; or
| 25 | | (6) the petitioner did not leave the residence or | 26 | | household to
avoid further non-consensual sexual conduct |
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| 1 | | or non-consensual sexual
penetration by the respondent.
| 2 | | (d) Monetary damages are not recoverable as a remedy.
| 3 | | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12; | 4 | | 97-1150, eff. 1-25-13.)".
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