Illinois General Assembly - Full Text of HB2541
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2541  102nd General Assembly

HB2541ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 1/31/2022

 

 


 

 


 
10200HB2541ham001LRB102 11879 LNS 35600 a

1
AMENDMENT TO HOUSE BILL 2541

2    AMENDMENT NO. ______. Amend House Bill 2541 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 as follows:
 
6    (430 ILCS 65/9.5)
7    Sec. 9.5. Revocation of Firearm Owner's Identification
8Card.
9    (a) A person who receives a revocation notice under
10Section 9 of this Act shall, within 48 hours of receiving
11notice of the revocation:
12        (1) surrender his or her Firearm Owner's
13    Identification Card to the local law enforcement agency
14    where the person resides or to a law enforcement agency of
15    the court's choosing the Illinois State Police; and
16        (2) complete a Firearm Disposition Record on a form

 

 

10200HB2541ham001- 2 -LRB102 11879 LNS 35600 a

1    prescribed by the Illinois State Police and place his or
2    her firearms in the location or with the person reported
3    in the Firearm Disposition Record. The form shall require
4    the person to disclose:
5            (A) the make, model, and serial number of each
6        firearm owned by or under the custody and control of
7        the revoked person;
8            (B) the location where each firearm will be
9        maintained during the prohibited term;
10            (C) if any firearm will be transferred to the
11        custody of another person, the name, address and
12        Firearm Owner's Identification Card number of the
13        transferee; and
14            (D) to whom his or her Firearm Owner's
15        Identification Card was surrendered.
16        Once completed, the person shall retain a copy and
17    provide a copy of the Firearm Disposition Record to the
18    Illinois State Police.
19    (b) Upon confirming through the portal created under
20Section 2605-304 of the Illinois Department of State Police
21Law of the Civil Administrative Code of Illinois that the
22Firearm Owner's Identification Card has been revoked by the
23Illinois State Police, surrendered cards shall be destroyed by
24the law enforcement agency receiving the cards. If a card has
25not been revoked, the card shall be returned to the
26cardholder. Illinois

 

 

10200HB2541ham001- 3 -LRB102 11879 LNS 35600 a

1    (b-5) If a court orders the surrender of a Firearms
2Owner's Identification Card and accepts receipt of the Card,
3the court shall destroy the Card and direct the person whose
4Firearm Owner's Identification Card has been surrendered to
5comply with paragraph (2) of subsection (a).
6    (b-10) If the person whose Firearm Owner's Identification
7Card has been revoked has either lost or destroyed the Card,
8the person must still comply with paragraph (2) of subsection
9(a).
10    (b-15) A notation shall be made in the portal created
11under Section 2605-304 of the Illinois Department of State
12Police Law of the Civil Administrative Code of Illinois that
13the revoked Firearm Owner's Identification Card has been
14destroyed.
15    (c) If the person whose Firearm Owner's Identification
16Card has been revoked fails to comply with the requirements of
17this Section, the sheriff or law enforcement agency where the
18person resides may petition the circuit court to issue a
19warrant to search for and seize the Firearm Owner's
20Identification Card and firearms in the possession or under
21the custody or control of the person whose Firearm Owner's
22Identification Card has been revoked.
23    (d) A violation of subsection (a) of this Section is a
24Class A misdemeanor.
25    (e) The observation of a Firearm Owner's Identification
26Card in the possession of a person whose Firearm Owner's

 

 

10200HB2541ham001- 4 -LRB102 11879 LNS 35600 a

1Identification Card has been revoked constitutes a sufficient
2basis for the arrest of that person for violation of this
3Section.
4    (f) Within 30 days after July 9, 2013 (the effective date
5of Public Act 98-63) this amendatory Act of the 98th General
6Assembly, the Illinois State Police shall provide written
7notice of the requirements of this Section to persons whose
8Firearm Owner's Identification Cards have been revoked,
9suspended, or expired and who have failed to surrender their
10cards to the Illinois State Police Department.
11    (g) A person whose Firearm Owner's Identification Card has
12been revoked and who received notice under subsection (f)
13shall comply with the requirements of this Section within 48
14hours of receiving notice.
15(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
16revised 10-15-21.)
 
17    Section 10. The Code of Criminal Procedure of 1963 is
18amended by changing Section 112A-14 as follows:
 
19    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
20    Sec. 112A-14. Domestic violence order of protection;
21remedies.
22    (a) (Blank).
23    (b) The court may order any of the remedies listed in this
24subsection (b). The remedies listed in this subsection (b)

 

 

10200HB2541ham001- 5 -LRB102 11879 LNS 35600 a

1shall be in addition to other civil or criminal remedies
2available to petitioner.
3        (1) Prohibition of abuse. Prohibit respondent's
4    harassment, interference with personal liberty,
5    intimidation of a dependent, physical abuse, or willful
6    deprivation, as defined in this Article, if such abuse has
7    occurred or otherwise appears likely to occur if not
8    prohibited.
9        (2) Grant of exclusive possession of residence.
10    Prohibit respondent from entering or remaining in any
11    residence, household, or premises of the petitioner,
12    including one owned or leased by respondent, if petitioner
13    has a right to occupancy thereof. The grant of exclusive
14    possession of the residence, household, or premises shall
15    not affect title to real property, nor shall the court be
16    limited by the standard set forth in subsection (c-2) of
17    Section 501 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

 

 

10200HB2541ham001- 6 -LRB102 11879 LNS 35600 a

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)
5        the 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

 

 

10200HB2541ham001- 7 -LRB102 11879 LNS 35600 a

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
5    person protected by the domestic violence order of
6    protection, or prohibit respondent from entering or
7    remaining present at petitioner's school, place of
8    employment, or other specified places at times when
9    petitioner is present, or both, if reasonable, given the
10    balance of hardships. Hardships need not be balanced for
11    the court to enter a stay away order or prohibit entry if
12    respondent has no right to enter the premises.
13            (A) If a domestic violence order of protection
14        grants petitioner exclusive possession of the
15        residence, prohibits respondent from entering the
16        residence, or orders respondent to stay away from
17        petitioner or other protected persons, then the court
18        may allow respondent access to the residence to remove
19        items of clothing and personal adornment used
20        exclusively by respondent, medications, and other
21        items as the court directs. The right to access shall
22        be exercised on only one occasion as the court directs
23        and in the presence of an agreed-upon adult third
24        party or law enforcement officer.
25            (B) When the petitioner and the respondent attend
26        the same public, private, or non-public elementary,

 

 

10200HB2541ham001- 8 -LRB102 11879 LNS 35600 a

1        middle, or high school, the court when issuing a
2        domestic violence order of protection and providing
3        relief shall consider the severity of the act, any
4        continuing physical danger or emotional distress to
5        the petitioner, the educational rights guaranteed to
6        the petitioner and respondent under federal and State
7        law, the availability of a transfer of the respondent
8        to another school, a change of placement or a change of
9        program of the respondent, the expense, difficulty,
10        and educational disruption that would be caused by a
11        transfer of the respondent to another school, and any
12        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
15        by the petitioner, order that the respondent accept a
16        change of placement or change of program, as
17        determined by the school district or private or
18        non-public school, or place restrictions on the
19        respondent's movements within the school attended by
20        the petitioner. The respondent bears the burden of
21        proving by a preponderance of the evidence that a
22        transfer, change of placement, or change of program of
23        the respondent is not available. The respondent also
24        bears the burden of production with respect to the
25        expense, difficulty, and educational disruption that
26        would be caused by a transfer of the respondent to

 

 

10200HB2541ham001- 9 -LRB102 11879 LNS 35600 a

1        another school. A transfer, change of placement, or
2        change of program is not unavailable to the respondent
3        solely on the ground that the respondent does not
4        agree with the school district's or private or
5        non-public school's transfer, change of placement, or
6        change of program or solely on the ground that the
7        respondent fails or refuses to consent or otherwise
8        does not take an action required to effectuate a
9        transfer, change of placement, or change of program.
10        When a court orders a respondent to stay away from the
11        public, private, or non-public school attended by the
12        petitioner and the respondent requests a transfer to
13        another attendance center within the respondent's
14        school district or private or non-public school, the
15        school district or private or non-public school shall
16        have sole discretion to determine the attendance
17        center to which the respondent is transferred. If the
18        court order results in a transfer of the minor
19        respondent to another attendance center, a change in
20        the respondent's placement, or a change of the
21        respondent's program, the parents, guardian, or legal
22        custodian of the respondent is responsible for
23        transportation and other costs associated with the
24        transfer or change.
25            (C) The court may order the parents, guardian, or
26        legal custodian of a minor respondent to take certain

 

 

10200HB2541ham001- 10 -LRB102 11879 LNS 35600 a

1        actions or to refrain from taking certain actions to
2        ensure that the respondent complies with the order. If
3        the court orders a transfer of the respondent to
4        another school, the parents, guardian, or legal
5        custodian of the respondent is responsible for
6        transportation and other costs associated with the
7        change of school by the respondent.
8        (4) Counseling. Require or recommend the respondent to
9    undergo counseling for a specified duration with a social
10    worker, psychologist, clinical psychologist,
11    psychiatrist, family service agency, alcohol or substance
12    abuse program, mental health center guidance counselor,
13    agency providing services to elders, program designed for
14    domestic violence abusers, or any other guidance service
15    the court deems appropriate. The court may order the
16    respondent in any intimate partner relationship to report
17    to an Illinois Department of Human Services protocol
18    approved partner abuse intervention program for an
19    assessment and to follow all recommended treatment.
20        (5) Physical care and possession of the minor child.
21    In order to protect the minor child from abuse, neglect,
22    or unwarranted separation from the person who has been the
23    minor child's primary caretaker, or to otherwise protect
24    the well-being of the minor child, the court may do either
25    or both of the following: (i) grant petitioner physical
26    care or possession of the minor child, or both, or (ii)

 

 

10200HB2541ham001- 11 -LRB102 11879 LNS 35600 a

1    order respondent to return a minor child to, or not remove
2    a minor child from, the physical care of a parent or person
3    in loco parentis.
4        If the respondent is charged with abuse (as defined in
5    Section 112A-3 of this Code) of a minor child, there shall
6    be a rebuttable presumption that awarding physical care to
7    respondent would not be in the minor child's best
8    interest.
9        (6) Temporary allocation of parental responsibilities
10    and significant decision-making responsibilities. Award
11    temporary significant decision-making responsibility to
12    petitioner in accordance with this Section, the Illinois
13    Marriage and Dissolution of Marriage Act, the Illinois
14    Parentage Act of 2015, and this State's Uniform
15    Child-Custody Jurisdiction and Enforcement Act.
16        If the respondent is charged with abuse (as defined in
17    Section 112A-3 of this Code) of a minor child, there shall
18    be a rebuttable presumption that awarding temporary
19    significant decision-making responsibility to respondent
20    would not be in the child's best interest.
21        (7) Parenting time. Determine the parenting time, if
22    any, of respondent in any case in which the court awards
23    physical care or temporary significant decision-making
24    responsibility of a minor child to petitioner. The court
25    shall restrict or deny respondent's parenting time with a
26    minor child if the court finds that respondent has done or

 

 

10200HB2541ham001- 12 -LRB102 11879 LNS 35600 a

1    is likely to do any of the following:
2            (i) abuse or endanger the minor child during
3        parenting time;
4            (ii) use the parenting time as an opportunity to
5        abuse or harass petitioner or petitioner's family or
6        household members;
7            (iii) improperly conceal or detain the minor
8        child; or
9            (iv) otherwise act in a manner that is not in the
10        best interests of the minor child.
11        The court shall not be limited by the standards set
12    forth in Section 603.10 of the Illinois Marriage and
13    Dissolution of Marriage Act. If the court grants parenting
14    time, the order shall specify dates and times for the
15    parenting time to take place or other specific parameters
16    or conditions that are appropriate. No order for parenting
17    time shall refer merely to the term "reasonable parenting
18    time". Petitioner may deny respondent access to the minor
19    child if, when respondent arrives for parenting time,
20    respondent is under the influence of drugs or alcohol and
21    constitutes a threat to the safety and well-being of
22    petitioner or petitioner's minor children or is behaving
23    in a violent or abusive manner. If necessary to protect
24    any member of petitioner's family or household from future
25    abuse, respondent shall be prohibited from coming to
26    petitioner's residence to meet the minor child for

 

 

10200HB2541ham001- 13 -LRB102 11879 LNS 35600 a

1    parenting time, and the petitioner and respondent shall
2    submit to the court their recommendations for reasonable
3    alternative arrangements for parenting time. A person may
4    be approved to supervise parenting time only after filing
5    an affidavit accepting that responsibility and
6    acknowledging accountability to the court.
7        (8) Removal or concealment of minor child. Prohibit
8    respondent from removing a minor child from the State or
9    concealing the child within the State.
10        (9) Order to appear. Order the respondent to appear in
11    court, alone or with a minor child, to prevent abuse,
12    neglect, removal or concealment of the child, to return
13    the child to the custody or care of the petitioner, or to
14    permit any court-ordered interview or examination of the
15    child or the respondent.
16        (10) Possession of personal property. Grant petitioner
17    exclusive possession of personal property and, if
18    respondent has possession or control, direct respondent to
19    promptly make it available to petitioner, if:
20            (i) petitioner, but not respondent, owns the
21        property; or
22            (ii) the petitioner and respondent own the
23        property jointly; sharing it would risk abuse of
24        petitioner by respondent or is impracticable; and the
25        balance of hardships favors temporary possession by
26        petitioner.

 

 

10200HB2541ham001- 14 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 15 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 16 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 17 -LRB102 11879 LNS 35600 a

1        investigator fees, and travel costs.
2        (14) Prohibition of entry. Prohibit the respondent
3    from entering or remaining in the residence or household
4    while the respondent is under the influence of alcohol or
5    drugs and constitutes a threat to the safety and
6    well-being of the petitioner or the petitioner's children.
7        (14.5) Prohibition of firearm possession.
8            (A) A person who is subject to an existing
9        domestic violence order of protection issued under
10        this Code may not lawfully possess weapons or a
11        Firearm Owner's Identification Card under Section 8.2
12        of the Firearm Owners Identification Card Act and is
13        subject to the requirements of subsection (a-1) of
14        Section 214 of the Domestic Violence Act of 1986 and
15        paragraph (14.5) or (14.6) of subsection (b) of
16        Section 214 of the Domestic Violence Act of 1986, as
17        applicable.
18            (B) Any firearms in the possession of the
19        respondent, except as provided in subparagraph (C) of
20        this paragraph (14.5), shall be ordered by the court
21        to be turned over to a person with a valid Firearm
22        Owner's Identification Card for surrender: safekeeping
23                (i) in the case of an ex parte order under
24            Section 112A-17.5, for the duration of the
25            domestic violence order of protection; or
26                (ii) in the case of a final order, for the

 

 

10200HB2541ham001- 18 -LRB102 11879 LNS 35600 a

1            duration of the domestic violence order of
2            protection or 2 years, whichever is longer.
3            The court shall issue an order that the respondent
4        comply with Section 9.5 of the Firearm Owners
5        Identification Card Act. Illinois
6            (C) If the respondent is a peace officer as
7        defined in Section 2-13 of the Criminal Code of 2012,
8        the court shall order that any firearms used by the
9        respondent in the performance of his or her duties as a
10        peace officer be surrendered to the chief law
11        enforcement executive of the agency in which the
12        respondent is employed, who shall retain the firearms
13        for surrender: safekeeping
14                (i) in the case of an ex parte order under
15            Section 112A-17.5, for the duration of the
16            domestic violence order of protection; or
17                (ii) in the case of a final order, for the
18            duration of the domestic violence order of
19            protection or 2 years, whichever is longer.
20            (D) Upon expiration of the period of surrender
21        safekeeping, if the firearms or Firearm Owner's
22        Identification Card cannot be returned to respondent
23        because respondent cannot be located, fails to respond
24        to requests to retrieve the firearms, or is not
25        lawfully eligible to possess a firearm, upon petition
26        from the local law enforcement agency, the court may

 

 

10200HB2541ham001- 19 -LRB102 11879 LNS 35600 a

1        order the local law enforcement agency to destroy the
2        firearms, use the firearms for training purposes, or
3        for any other application as deemed appropriate by the
4        local law enforcement agency; or that the firearms be
5        turned over to a third party who is lawfully eligible
6        to possess firearms, and who does not reside with
7        respondent.
8        (15) Prohibition of access to records. If a domestic
9    violence order of protection prohibits respondent from
10    having contact with the minor child, or if petitioner's
11    address is omitted under subsection (b) of Section 112A-5
12    of this Code, or if necessary to prevent abuse or wrongful
13    removal or concealment of a minor child, the order shall
14    deny respondent access to, and prohibit respondent from
15    inspecting, obtaining, or attempting to inspect or obtain,
16    school or any other records of the minor child who is in
17    the care of petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse
25    of a family or household member or to effectuate one of the
26    granted remedies, if supported by the balance of

 

 

10200HB2541ham001- 20 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 21 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 22 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 23 -LRB102 11879 LNS 35600 a

1        Commission's website. The Commission may consult with
2        wireless telephone service providers and the Circuit
3        Court Clerks on the manner in which this information
4        is provided and displayed.
5    (c) Relevant factors; findings.
6        (1) In determining whether to grant a specific remedy,
7    other than payment of support, the court shall consider
8    relevant factors, including, but not limited to, the
9    following:
10            (i) the nature, frequency, severity, pattern, and
11        consequences of the respondent's past abuse of the
12        petitioner or any family or household member,
13        including the concealment of his or her location in
14        order to evade service of process or notice, and the
15        likelihood of danger of future abuse to petitioner or
16        any member of petitioner's or respondent's family or
17        household; and
18            (ii) the danger that any minor child will be
19        abused or neglected or improperly relocated from the
20        jurisdiction, improperly concealed within the State,
21        or improperly separated from the child's primary
22        caretaker.
23        (2) In comparing relative hardships resulting to the
24    parties from loss of possession of the family home, the
25    court shall consider relevant factors, including, but not
26    limited to, the following:

 

 

10200HB2541ham001- 24 -LRB102 11879 LNS 35600 a

1            (i) availability, accessibility, cost, safety,
2        adequacy, location, and other characteristics of
3        alternate housing for each party and any minor child
4        or dependent adult in the party's care;
5            (ii) the effect on the party's employment; and
6            (iii) the effect on the relationship of the party,
7        and any minor child or dependent adult in the party's
8        care, to family, school, church, and community.
9        (3) Subject to the exceptions set forth in paragraph
10    (4) of this subsection (c), the court shall make its
11    findings in an official record or in writing, and shall at
12    a minimum set forth the following:
13            (i) That the court has considered the applicable
14        relevant factors described in paragraphs (1) and (2)
15        of this subsection (c).
16            (ii) Whether the conduct or actions of respondent,
17        unless prohibited, will likely cause irreparable harm
18        or continued abuse.
19            (iii) Whether it is necessary to grant the
20        requested relief in order to protect petitioner or
21        other alleged abused persons.
22        (4) (Blank).
23        (5) Never married parties. No rights or
24    responsibilities for a minor child born outside of
25    marriage attach to a putative father until a father and
26    child relationship has been established under the Illinois

 

 

10200HB2541ham001- 25 -LRB102 11879 LNS 35600 a

1    Parentage Act of 1984, the Illinois Parentage Act of 2015,
2    the Illinois Public Aid Code, Section 12 of the Vital
3    Records Act, the Juvenile Court Act of 1987, the Probate
4    Act of 1975, the Uniform Interstate Family Support Act,
5    the Expedited Child Support Act of 1990, any judicial,
6    administrative, or other act of another state or
7    territory, any other statute of this State, or by any
8    foreign nation establishing the father and child
9    relationship, any other proceeding substantially in
10    conformity with the federal Personal Responsibility and
11    Work Opportunity Reconciliation Act of 1996, or when both
12    parties appeared in open court or at an administrative
13    hearing acknowledging under oath or admitting by
14    affirmation the existence of a father and child
15    relationship. Absent such an adjudication, no putative
16    father shall be granted temporary allocation of parental
17    responsibilities, including parenting time with the minor
18    child, or physical care and possession of the minor child,
19    nor shall an order of payment for support of the minor
20    child be entered.
21    (d) Balance of hardships; findings. If the court finds
22that the balance of hardships does not support the granting of
23a remedy governed by paragraph (2), (3), (10), (11), or (16) of
24subsection (b) of this Section, which may require such
25balancing, the court's findings shall so indicate and shall
26include a finding as to whether granting the remedy will

 

 

10200HB2541ham001- 26 -LRB102 11879 LNS 35600 a

1result in hardship to respondent that would substantially
2outweigh the hardship to petitioner from denial of the remedy.
3The findings shall be an official record or in writing.
4    (e) Denial of remedies. Denial of any remedy shall not be
5based, in whole or in part, on evidence that:
6        (1) respondent has cause for any use of force, unless
7    that cause satisfies the standards for justifiable use of
8    force provided by Article 7 of the Criminal Code of 2012;
9        (2) respondent was voluntarily intoxicated;
10        (3) petitioner acted in self-defense or defense of
11    another, provided that, if petitioner utilized force, such
12    force was justifiable under Article 7 of the Criminal Code
13    of 2012;
14        (4) petitioner did not act in self-defense or defense
15    of another;
16        (5) petitioner left the residence or household to
17    avoid further abuse by respondent;
18        (6) petitioner did not leave the residence or
19    household to avoid further abuse by respondent; or
20        (7) conduct by any family or household member excused
21    the abuse by respondent, unless that same conduct would
22    have excused such abuse if the parties had not been family
23    or household members.
24(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
25102-538, eff. 8-20-21; revised 11-2-21.)
 

 

 

10200HB2541ham001- 27 -LRB102 11879 LNS 35600 a

1    Section 15. The Illinois Domestic Violence Act of 1986 is
2amended by changing Sections 214, 217, and 223 as follows:
 
3    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
4    Sec. 214. Order of protection; remedies.
5    (a) Issuance of order. If the court finds that petitioner
6has been abused by a family or household member or that
7petitioner is a high-risk adult who has been abused,
8neglected, or exploited, as defined in this Act, an order of
9protection prohibiting the abuse, neglect, or exploitation
10shall issue; provided that petitioner must also satisfy the
11requirements of one of the following Sections, as appropriate:
12Section 217 on emergency orders, Section 218 on interim
13orders, or Section 219 on plenary orders. Petitioner shall not
14be denied an order of protection because petitioner or
15respondent is a minor. The court, when determining whether or
16not to issue an order of protection, shall not require
17physical manifestations of abuse on the person of the victim.
18Modification and extension of prior orders of protection shall
19be in accordance with this Act.
20    (a-1) If the respondent to an order of protection issued
21under subsection (a) is subject to paragraph (14.5) or (14.6)
22of subsection (b), the order of protection shall also include
23an order to surrender firearms. The order to surrender
24firearms shall require the respondent to surrender any firearm
25on the day the respondent is served with the order of

 

 

10200HB2541ham001- 28 -LRB102 11879 LNS 35600 a

1protection. Upon the respondent surrendering any firearm to
2the appropriate law enforcement agency, the law enforcement
3agency shall provide a statement of receipt of any firearm,
4with a description of any firearm surrendered, to the
5respondent and the court. This statement of receipt shall be
6considered proof of compliance with an order to surrender
7firearms and may be presented as proof at a hearing.
8    The failure to surrender any firearm within 24 hours to
9the appropriate law enforcement agency under an order to
10surrender firearms shall constitute contempt of court for the
11violation of the terms of the order of protection.
12    Within 30 days of the effective date of this amendatory
13Act of the 102nd General Assembly, the Supreme Court shall
14adopt a form for an order to surrender firearms and update any
15existing forms for an order of protection to reflect the
16changes made by this amendatory Act of the 102nd General
17Assembly. The form for an order to surrender firearms shall
18also include forms for a declaration of surrender of firearms,
19proof of surrender, declaration of nonsurrender, and order to
20release firearms.
21    (b) Remedies and standards. The remedies to be included in
22an order of protection shall be determined in accordance with
23this Section and one of the following Sections, as
24appropriate: Section 217 on emergency orders, Section 218 on
25interim orders, and Section 219 on plenary orders. The
26remedies listed in this subsection shall be in addition to

 

 

10200HB2541ham001- 29 -LRB102 11879 LNS 35600 a

1other civil or criminal remedies available to petitioner.
2        (1) Prohibition of abuse, neglect, or exploitation.
3    Prohibit respondent's harassment, interference with
4    personal liberty, intimidation of a dependent, physical
5    abuse, or willful deprivation, neglect or exploitation, as
6    defined in this Act, or stalking of the petitioner, as
7    defined in Section 12-7.3 of the Criminal Code of 2012, if
8    such abuse, neglect, exploitation, or stalking has
9    occurred or otherwise appears likely to occur if not
10    prohibited.
11        (2) Grant of exclusive possession of residence.
12    Prohibit respondent from entering or remaining in any
13    residence, household, or premises of the petitioner,
14    including one owned or leased by respondent, if petitioner
15    has a right to occupancy thereof. The grant of exclusive
16    possession of the residence, household, or premises shall
17    not affect title to real property, nor shall the court be
18    limited by the standard set forth in subsection (c-2) of
19    Section 501 of the Illinois Marriage and Dissolution of
20    Marriage Act.
21            (A) Right to occupancy. A party has a right to
22        occupancy of a residence or household if it is solely
23        or jointly owned or leased by that party, that party's
24        spouse, a person with a legal duty to support that
25        party or a minor child in that party's care, or by any
26        person or entity other than the opposing party that

 

 

10200HB2541ham001- 30 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 31 -LRB102 11879 LNS 35600 a

1        motion, may order respondent to provide suitable,
2        accessible, alternate housing for petitioner instead
3        of excluding respondent from a mutual residence or
4        household.
5        (3) Stay away order and additional prohibitions. Order
6    respondent to stay away from petitioner or any other
7    person protected by the order of protection, or prohibit
8    respondent from entering or remaining present at
9    petitioner's school, place of employment, or other
10    specified places at times when petitioner is present, or
11    both, if reasonable, given the balance of hardships.
12    Hardships need not be balanced for the court to enter a
13    stay away order or prohibit entry if respondent has no
14    right to enter the premises.
15            (A) If an order of protection grants petitioner
16        exclusive possession of the residence, or prohibits
17        respondent from entering the residence, or orders
18        respondent to stay away from petitioner or other
19        protected persons, then the court may allow respondent
20        access to the residence to remove items of clothing
21        and personal adornment used exclusively by respondent,
22        medications, and other items as the court directs. The
23        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
26        officer.

 

 

10200HB2541ham001- 32 -LRB102 11879 LNS 35600 a

1            (B) When the petitioner and the respondent attend
2        the same public, private, or non-public elementary,
3        middle, or high school, the court when issuing an
4        order of protection and providing relief shall
5        consider the severity of the act, any continuing
6        physical danger or emotional distress to the
7        petitioner, the educational rights guaranteed to the
8        petitioner and respondent under federal and State law,
9        the availability of a transfer of the respondent to
10        another school, a change of placement or a change of
11        program of the respondent, the expense, difficulty,
12        and educational disruption that would be caused by a
13        transfer of the respondent to another school, and any
14        other relevant facts of the case. The court may order
15        that the respondent not attend the public, private, or
16        non-public elementary, middle, or high school attended
17        by the petitioner, order that the respondent accept a
18        change of placement or change of program, as
19        determined by the school district or private or
20        non-public school, or place restrictions on the
21        respondent's movements within the school attended by
22        the petitioner. The respondent bears the burden of
23        proving by a preponderance of the evidence that a
24        transfer, change of placement, or change of program of
25        the respondent is not available. The respondent also
26        bears the burden of production with respect to the

 

 

10200HB2541ham001- 33 -LRB102 11879 LNS 35600 a

1        expense, difficulty, and educational disruption that
2        would be caused by a transfer of the respondent to
3        another school. A transfer, change of placement, or
4        change of program is not unavailable to the respondent
5        solely on the ground that the respondent does not
6        agree with the school district's or private or
7        non-public school's transfer, change of placement, or
8        change of program or solely on the ground that the
9        respondent fails or refuses to consent or otherwise
10        does not take an action required to effectuate a
11        transfer, change of placement, or change of program.
12        When a court orders a respondent to stay away from the
13        public, private, or non-public school attended by the
14        petitioner and the respondent requests a transfer to
15        another attendance center within the respondent's
16        school district or private or non-public school, the
17        school district or private or non-public school shall
18        have sole discretion to determine the attendance
19        center to which the respondent is transferred. In the
20        event the court order results in a transfer of the
21        minor respondent to another attendance center, a
22        change in the respondent's placement, or a change of
23        the respondent's program, the parents, guardian, or
24        legal custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        transfer or change.

 

 

10200HB2541ham001- 34 -LRB102 11879 LNS 35600 a

1            (C) The court may order the parents, guardian, or
2        legal custodian of a minor respondent to take certain
3        actions or to refrain from taking certain actions to
4        ensure that the respondent complies with the order. In
5        the event the court orders a transfer of the
6        respondent to another school, the parents, guardian,
7        or legal custodian of the respondent is responsible
8        for transportation and other costs associated with the
9        change of school by the respondent.
10        (4) Counseling. Require or recommend the respondent to
11    undergo counseling for a specified duration with a social
12    worker, psychologist, clinical psychologist,
13    psychiatrist, family service agency, alcohol or substance
14    abuse program, mental health center guidance counselor,
15    agency providing services to elders, program designed for
16    domestic violence abusers or any other guidance service
17    the court deems appropriate. The Court may order the
18    respondent in any intimate partner relationship to report
19    to an Illinois Department of Human Services protocol
20    approved partner abuse intervention program for an
21    assessment and to follow all recommended treatment.
22        (5) Physical care and possession of the minor child.
23    In order to protect the minor child from abuse, neglect,
24    or unwarranted separation from the person who has been the
25    minor child's primary caretaker, or to otherwise protect
26    the well-being of the minor child, the court may do either

 

 

10200HB2541ham001- 35 -LRB102 11879 LNS 35600 a

1    or both of the following: (i) grant petitioner physical
2    care or possession of the minor child, or both, or (ii)
3    order respondent to return a minor child to, or not remove
4    a minor child from, the physical care of a parent or person
5    in loco parentis.
6        If a court finds, after a hearing, that respondent has
7    committed abuse (as defined in Section 103) of a minor
8    child, there shall be a rebuttable presumption that
9    awarding physical care to respondent would not be in the
10    minor child's best interest.
11        (6) Temporary allocation of parental responsibilities:
12    significant decision-making. Award temporary
13    decision-making responsibility to petitioner in accordance
14    with this Section, the Illinois Marriage and Dissolution
15    of Marriage Act, the Illinois Parentage Act of 2015, and
16    this State's Uniform Child-Custody Jurisdiction and
17    Enforcement Act.
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 temporary significant decision-making
22    responsibility to respondent would not be in the child's
23    best interest.
24        (7) Parenting time. Determine the parenting time, if
25    any, of respondent in any case in which the court awards
26    physical care or allocates temporary significant

 

 

10200HB2541ham001- 36 -LRB102 11879 LNS 35600 a

1    decision-making responsibility of a minor child to
2    petitioner. The court shall restrict or deny respondent's
3    parenting time with a minor child if the court finds that
4    respondent has done or is likely to do any of the
5    following: (i) abuse or endanger the minor child during
6    parenting time; (ii) use the parenting time as an
7    opportunity to abuse or harass petitioner or petitioner's
8    family or household members; (iii) improperly conceal or
9    detain the minor child; or (iv) otherwise act in a manner
10    that is not in the best interests of the minor child. The
11    court shall not be limited by the standards set forth in
12    Section 603.10 of the Illinois Marriage and Dissolution of
13    Marriage Act. If the court grants parenting time, the
14    order shall specify dates and times for the parenting time
15    to take place or other specific parameters or conditions
16    that are appropriate. No order for parenting time shall
17    refer merely to the term "reasonable parenting time".
18        Petitioner may deny respondent access to the minor
19    child if, when respondent arrives for parenting time,
20    respondent is under the influence of drugs or alcohol and
21    constitutes a threat to the safety and well-being of
22    petitioner or petitioner's minor children or is behaving
23    in a violent or abusive manner.
24        If necessary to protect any member of petitioner's
25    family or household from future abuse, respondent shall be
26    prohibited from coming to petitioner's residence to meet

 

 

10200HB2541ham001- 37 -LRB102 11879 LNS 35600 a

1    the minor child for parenting time, and the parties shall
2    submit to the court their recommendations for reasonable
3    alternative arrangements for parenting time. A person may
4    be approved to supervise parenting time only after filing
5    an affidavit accepting that responsibility and
6    acknowledging accountability to the court.
7        (8) Removal or concealment of minor child. Prohibit
8    respondent from removing a minor child from the State or
9    concealing the child within the State.
10        (9) Order to appear. Order the respondent to appear in
11    court, alone or with a minor child, to prevent abuse,
12    neglect, removal or concealment of the child, to return
13    the child to the custody or care of the petitioner or to
14    permit any court-ordered interview or examination of the
15    child or the respondent.
16        (10) Possession of personal property. Grant petitioner
17    exclusive possession of personal property and, if
18    respondent has possession or control, direct respondent to
19    promptly make it available to petitioner, if:
20            (i) petitioner, but not respondent, owns the
21        property; or
22            (ii) the parties own the property jointly; sharing
23        it would risk abuse of petitioner by respondent or is
24        impracticable; and the balance of hardships favors
25        temporary possession by petitioner.
26        If petitioner's sole claim to ownership of the

 

 

10200HB2541ham001- 38 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 39 -LRB102 11879 LNS 35600 a

1    advantage of respondent or of any other person.
2        (11.5) Protection of animals. Grant the petitioner the
3    exclusive care, custody, or control of any animal owned,
4    possessed, leased, kept, or held by either the petitioner
5    or the respondent or a minor child residing in the
6    residence or household of either the petitioner or the
7    respondent and order the respondent to stay away from the
8    animal and forbid the respondent from taking,
9    transferring, encumbering, concealing, harming, or
10    otherwise disposing of the animal.
11        (12) Order for payment of support. Order respondent to
12    pay temporary support for the petitioner or any child in
13    the petitioner's care or over whom the petitioner has been
14    allocated parental responsibility, when the respondent has
15    a legal obligation to support that person, in accordance
16    with the Illinois Marriage and Dissolution of Marriage
17    Act, which shall govern, among other matters, the amount
18    of support, payment through the clerk and withholding of
19    income to secure payment. An order for child support may
20    be granted to a petitioner with lawful physical care of a
21    child, or an order or agreement for physical care of a
22    child, prior to entry of an order allocating significant
23    decision-making responsibility. Such a support order shall
24    expire upon entry of a valid order allocating parental
25    responsibility differently and vacating the petitioner's
26    significant decision-making authority, unless otherwise

 

 

10200HB2541ham001- 40 -LRB102 11879 LNS 35600 a

1    provided in the order.
2        (13) Order for payment of losses. Order respondent to
3    pay petitioner for losses suffered as a direct result of
4    the abuse, neglect, or exploitation. Such losses shall
5    include, but not be limited to, medical expenses, lost
6    earnings or other support, repair or replacement of
7    property damaged or taken, reasonable attorney's fees,
8    court costs and moving or other travel expenses, including
9    additional reasonable expenses for temporary shelter and
10    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.

 

 

10200HB2541ham001- 41 -LRB102 11879 LNS 35600 a

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
5    well-being of the petitioner or the petitioner's children.
6        (14.5) Prohibition of firearm possession; plenary
7    orders.
8            (a) In the case of a granted plenary order,
9        prohibit Prohibit a respondent against whom an order
10        of protection was issued from possessing any firearms
11        during the duration of the order or 2 years, whichever
12        is longer, if the order:
13                (1) was issued after a hearing of which such
14            person received actual notice, and at which such
15            person had an opportunity to participate;
16                (2) restrains such person from harassing,
17            stalking, or threatening an intimate partner of
18            such person or child of such intimate partner or
19            person, or engaging in other conduct that would
20            place an intimate partner in reasonable fear of
21            bodily injury to the partner or child; and
22                (3)(i) includes a finding that such person
23            represents a credible threat to the physical
24            safety of such intimate partner or child; or (ii)
25            by its terms explicitly prohibits the use,
26            attempted use, or threatened use of physical force

 

 

10200HB2541ham001- 42 -LRB102 11879 LNS 35600 a

1            against such intimate partner or child that would
2            reasonably be expected to cause bodily injury.
3            Any Firearm Owner's Identification Card in the
4        possession of the respondent, except as provided in
5        subparagraph subsection (b), shall be revoked or
6        suspended consistent with Section 8.2 of the Firearm
7        Owners Identification Act, and the respondent shall be
8        ordered by the court to surrender the card and any
9        firearm in the respondent's possession consistent with
10        Sections 8.2, 8.3, and 9.5 of the Firearm Owners
11        Identification Act. If the card is suspended, the be
12        turned over to the local law enforcement agency. The
13        local law enforcement agency shall immediately mail
14        the card to the Illinois State Police Firearm Owner's
15        Identification Card Office for safekeeping. The court
16        shall issue a warrant for seizure of any firearm in the
17        possession of the respondent, to be kept by the local
18        law enforcement agency for safekeeping, except as
19        provided in subsection (b). The period of surrender
20        safekeeping shall be for the duration of the order of
21        protection. If the card is revoked, the period of
22        surrender shall be for the duration of the order of
23        protection or 2 years, whichever is longer. The
24        Illinois State Police shall make notification to the
25        local law enforcement with jurisdiction of the
26        suspension or revocation. The firearm or firearms and

 

 

10200HB2541ham001- 43 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 44 -LRB102 11879 LNS 35600 a

1        that the firearms be turned over to a third party who
2        is lawfully eligible to possess firearms, and who does
3        not reside with the respondent.
4            (d) A respondent who has surrendered a firearm
5        under this paragraph shall not purchase a firearm for
6        the period of surrender. A respondent who has
7        surrendered a firearm under this paragraph shall not
8        possess or have access to any firearm regardless of
9        whether the firearm belongs to another person or if
10        the respondent is residing with another person who
11        owns a firearm and keeps the firearm at the residence.
12            (e) Upon expiration of the period of surrender,
13        any surrendered firearm may only be returned to a
14        respondent if a judicial officer has signed an order
15        to release firearms stating that the order of
16        protection is no longer in effect and the period of
17        surrender has expired.
18        (14.6) Prohibition of firearm possession; emergency
19    orders.
20            (a) Any Firearm Owner's Identification Card in the
21        possession of the respondent, except as provided in
22        subparagraph (b), shall be suspended consistent with
23        Section 8.2 of the Firearm Owners Identification Act,
24        and the respondent shall be ordered by the court to
25        surrender the card and any firearm in the respondent's
26        possession consistent with Sections 8.3 and 9.5 of the

 

 

10200HB2541ham001- 45 -LRB102 11879 LNS 35600 a

1        Firearm Owners Identification Act. The period of
2        surrender shall be for the duration of the order of
3        protection.
4            (b) If the respondent is a peace officer as
5        defined in Section 2-13 of the Criminal Code of 2012,
6        the court shall order that any firearms used by the
7        respondent in the performance of his or her duties as a
8        peace officer be surrendered to the chief law
9        enforcement executive of the agency in which the
10        respondent is employed, who shall retain the firearms
11        for surrender for the duration of the order of
12        protection.
13            (c) Upon expiration of the period of surrender, if
14        the firearms or Firearm Owner's Identification Card
15        cannot be returned to respondent because respondent
16        cannot be located, fails to respond to requests to
17        retrieve the firearms, or is not lawfully eligible to
18        possess a firearm, upon petition from the local law
19        enforcement agency, the court may order the local law
20        enforcement agency to destroy the firearms, use the
21        firearms for training purposes, or for any other
22        application as deemed appropriate by the local law
23        enforcement agency; or that the firearms be turned
24        over to a third party who is lawfully eligible to
25        possess firearms, and who does not reside with
26        respondent.

 

 

10200HB2541ham001- 46 -LRB102 11879 LNS 35600 a

1            (d) A respondent who has surrendered a firearm
2        under this paragraph shall not purchase a firearm for
3        the period of surrender. A respondent who has
4        surrendered a firearm under this paragraph shall not
5        possess or have access to any firearm regardless of
6        whether the firearm belongs to another person or if
7        the respondent is residing with another person who
8        owns a firearm and keeps the firearm at the residence.
9            (e) Upon expiration of the period of surrender,
10        any surrendered firearm may only be returned to a
11        respondent if a judicial officer has signed an order
12        to release firearms stating that the order of
13        protection is no longer in effect and the period of
14        surrender has expired.
15        (15) Prohibition of access to records. If an order of
16    protection prohibits respondent from having contact with
17    the minor child, or if petitioner's address is omitted
18    under subsection (b) of Section 203, or if necessary to
19    prevent abuse or wrongful removal or concealment of a
20    minor child, the order shall deny respondent access to,
21    and prohibit respondent from inspecting, obtaining, or
22    attempting to inspect or obtain, school or any other
23    records of the minor child who is in the care of
24    petitioner.
25        (16) Order for payment of shelter services. Order
26    respondent to reimburse a shelter providing temporary

 

 

10200HB2541ham001- 47 -LRB102 11879 LNS 35600 a

1    housing and counseling services to the petitioner for the
2    cost of the services, as certified by the shelter and
3    deemed reasonable by the court.
4        (17) Order for injunctive relief. Enter injunctive
5    relief necessary or appropriate to prevent further abuse
6    of a family or household member or further abuse, neglect,
7    or exploitation of a high-risk adult with disabilities or
8    to effectuate one of the granted remedies, if supported by
9    the balance of hardships. If the harm to be prevented by
10    the injunction is abuse or any other harm that one of the
11    remedies listed in paragraphs (1) through (16) of this
12    subsection is designed to prevent, no further evidence is
13    necessary that the harm is an irreparable injury.
14        (18) Telephone services.
15            (A) Unless a condition described in subparagraph
16        (B) of this paragraph exists, the court may, upon
17        request by the petitioner, order a wireless telephone
18        service provider to transfer to the petitioner the
19        right to continue to use a telephone number or numbers
20        indicated by the petitioner and the financial
21        responsibility associated with the number or numbers,
22        as set forth in subparagraph (C) of this paragraph.
23        For purposes of this paragraph (18), the term
24        "wireless telephone service provider" means a provider
25        of commercial mobile service as defined in 47 U.S.C.
26        332. The petitioner may request the transfer of each

 

 

10200HB2541ham001- 48 -LRB102 11879 LNS 35600 a

1        telephone number that the petitioner, or a minor child
2        in his or her custody, uses. The clerk of the court
3        shall serve the order on the wireless telephone
4        service provider's agent for service of process
5        provided to the Illinois Commerce Commission. The
6        order shall contain all of the following:
7                (i) The name and billing telephone number of
8            the account holder including the name of the
9            wireless telephone service provider that serves
10            the account.
11                (ii) Each telephone number that will be
12            transferred.
13                (iii) A statement that the provider transfers
14            to the petitioner all financial responsibility for
15            and right to the use of any telephone number
16            transferred under this paragraph.
17            (B) A wireless telephone service provider shall
18        terminate the respondent's use of, and shall transfer
19        to the petitioner use of, the telephone number or
20        numbers indicated in subparagraph (A) of this
21        paragraph unless it notifies the petitioner, within 72
22        hours after it receives the order, that one of the
23        following applies:
24                (i) The account holder named in the order has
25            terminated the account.
26                (ii) A difference in network technology would

 

 

10200HB2541ham001- 49 -LRB102 11879 LNS 35600 a

1            prevent or impair the functionality of a device on
2            a network if the transfer occurs.
3                (iii) The transfer would cause a geographic or
4            other limitation on network or service provision
5            to the petitioner.
6                (iv) Another technological or operational
7            issue would prevent or impair the use of the
8            telephone number if the transfer occurs.
9            (C) The petitioner assumes all financial
10        responsibility for and right to the use of any
11        telephone number transferred under this paragraph. In
12        this paragraph, "financial responsibility" includes
13        monthly service costs and costs associated with any
14        mobile device associated with the number.
15            (D) A wireless telephone service provider may
16        apply to the petitioner its routine and customary
17        requirements for establishing an account or
18        transferring a number, including requiring the
19        petitioner to provide proof of identification,
20        financial information, and customer preferences.
21            (E) Except for willful or wanton misconduct, a
22        wireless telephone service provider is immune from
23        civil liability for its actions taken in compliance
24        with a court order issued under this paragraph.
25            (F) All wireless service providers that provide
26        services to residential customers shall provide to the

 

 

10200HB2541ham001- 50 -LRB102 11879 LNS 35600 a

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

 

 

10200HB2541ham001- 51 -LRB102 11879 LNS 35600 a

1            (ii) the danger that any minor child will be
2        abused or neglected or improperly relocated 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
13        or 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)
24        of this subsection.
25            (ii) Whether the conduct or actions of respondent,
26        unless prohibited, will likely cause irreparable harm

 

 

10200HB2541ham001- 52 -LRB102 11879 LNS 35600 a

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
6    order of protection, the court, as an alternative to or as
7    a supplement to making the findings described in
8    paragraphs (c)(3)(i) through (c)(3)(iii) of this
9    subsection, may use the following procedure:
10        When a verified petition for an emergency order of
11    protection in accordance with the requirements of Sections
12    203 and 217 is presented to the court, the court shall
13    examine petitioner on oath or affirmation. An emergency
14    order of protection shall be issued by the court if it
15    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
22    marriage attach to a putative father until a father and
23    child relationship has been established under the Illinois
24    Parentage Act of 1984, the Illinois Parentage Act of 2015,
25    the Illinois Public Aid Code, Section 12 of the Vital
26    Records Act, the Juvenile Court Act of 1987, the Probate

 

 

10200HB2541ham001- 53 -LRB102 11879 LNS 35600 a

1    Act of 1975, the Revised Uniform Reciprocal Enforcement of
2    Support Act, the Uniform Interstate Family Support Act,
3    the Expedited Child Support Act of 1990, any judicial,
4    administrative, or other act of another state or
5    territory, any other Illinois statute, or by any foreign
6    nation establishing the father and child relationship, any
7    other proceeding substantially in conformity with the
8    Personal Responsibility and Work Opportunity
9    Reconciliation Act of 1996 (Pub. L. 104-193), or where
10    both parties appeared in open court or at an
11    administrative hearing acknowledging under oath or
12    admitting by affirmation the existence of a father and
13    child relationship. Absent such an adjudication, finding,
14    or acknowledgment, no putative father shall be granted
15    temporary allocation of parental responsibilities,
16    including parenting time with the minor child, or physical
17    care and possession of the minor child, nor shall an order
18    of payment for support of the minor child be entered.
19    (d) Balance of hardships; findings. If the court finds
20that the balance of hardships does not support the granting of
21a remedy governed by paragraph (2), (3), (10), (11), or (16) of
22subsection (b) of this Section, which may require such
23balancing, the court's findings shall so indicate and shall
24include a finding as to whether granting the remedy will
25result in hardship to respondent that would substantially
26outweigh the hardship to petitioner from denial of the remedy.

 

 

10200HB2541ham001- 54 -LRB102 11879 LNS 35600 a

1The findings shall be an official record or in writing.
2    (e) Denial of remedies. Denial of any remedy shall not be
3based, in whole or in part, on evidence that:
4        (1) Respondent has cause for any use of force, unless
5    that cause satisfies the standards for justifiable use of
6    force provided by Article 7 of the Criminal Code of 2012;
7        (2) Respondent was voluntarily intoxicated;
8        (3) Petitioner acted in self-defense or defense of
9    another, provided that, if petitioner utilized force, such
10    force was justifiable under Article 7 of the Criminal Code
11    of 2012;
12        (4) Petitioner did not act in self-defense or defense
13    of another;
14        (5) Petitioner left the residence or household to
15    avoid further abuse, neglect, or exploitation by
16    respondent;
17        (6) Petitioner did not leave the residence or
18    household to avoid further abuse, neglect, or exploitation
19    by respondent;
20        (7) Conduct by any family or household member excused
21    the abuse, neglect, or exploitation by respondent, unless
22    that same conduct would have excused such abuse, neglect,
23    or exploitation if the parties had not been family or
24    household members.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

10200HB2541ham001- 55 -LRB102 11879 LNS 35600 a

1    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
2    Sec. 217. Emergency order of protection.
3    (a) Prerequisites. An emergency order of protection shall
4issue if petitioner satisfies the requirements of this
5subsection for one or more of the requested remedies. For each
6remedy requested, petitioner shall establish that:
7        (1) The court has jurisdiction under Section 208;
8        (2) The requirements of Section 214 are satisfied; and
9        (3) There is good cause to grant the remedy,
10    regardless of prior service of process or of notice upon
11    the respondent, because:
12            (i) For the remedies of "prohibition of abuse"
13        described in Section 214(b)(1), "stay away order and
14        additional prohibitions" described in Section
15        214(b)(3), "removal or concealment of minor child"
16        described in Section 214(b)(8), "order to appear"
17        described in Section 214(b)(9), "physical care and
18        possession of the minor child" described in Section
19        214(b)(5), "protection of property" described in
20        Section 214(b)(11), "prohibition of entry" described
21        in Section 214(b)(14), "prohibition of firearm
22        possession" described in Section 214(b)(14.6)
23        214(b)(14.5), "prohibition of access to records"
24        described in Section 214(b)(15), and "injunctive
25        relief" described in Section 214(b)(16), the harm
26        which that remedy is intended to prevent would be

 

 

10200HB2541ham001- 56 -LRB102 11879 LNS 35600 a

1        likely to occur if the respondent were given any prior
2        notice, or greater notice than was actually given, of
3        the petitioner's efforts to obtain judicial relief;
4            (ii) For the remedy of "grant of exclusive
5        possession of residence" described in Section
6        214(b)(2), the immediate danger of further abuse of
7        petitioner by respondent, if petitioner chooses or had
8        chosen to remain in the residence or household while
9        respondent was given any prior notice or greater
10        notice than was actually given of petitioner's efforts
11        to obtain judicial relief, outweighs the hardships to
12        respondent of an emergency order granting petitioner
13        exclusive possession of the residence or household.
14        This remedy shall not be denied because petitioner has
15        or could obtain temporary shelter elsewhere while
16        prior notice is given to respondent, unless the
17        hardships to respondent from exclusion from the home
18        substantially outweigh those to petitioner;
19            (iii) For the remedy of "possession of personal
20        property" described in Section 214(b)(10), improper
21        disposition of the personal property would be likely
22        to occur if respondent were given any prior notice, or
23        greater notice than was actually given, of
24        petitioner's efforts to obtain judicial relief, or
25        petitioner has an immediate and pressing need for
26        possession of that property.

 

 

10200HB2541ham001- 57 -LRB102 11879 LNS 35600 a

1    An emergency order may not include the counseling, legal
2custody, payment of support or monetary compensation remedies.
3    (a-5) When a petition for an emergency order of protection
4is granted, the order shall not be publicly available until
5the order is served on the respondent.
6    (b) Appearance by respondent. If respondent appears in
7court for this hearing for an emergency order, he or she may
8elect to file a general appearance and testify. Any resulting
9order may be an emergency order, governed by this Section.
10Notwithstanding the requirements of this Section, if all
11requirements of Section 218 have been met, the court may issue
12a 30-day interim order.
13    (c) Emergency orders: court holidays and evenings.
14        (1) Prerequisites. When the court is unavailable at
15    the close of business, the petitioner may file a petition
16    for a 21-day emergency order before any available circuit
17    judge or associate judge who may grant relief under this
18    Act. If the judge finds that there is an immediate and
19    present danger of abuse to petitioner and that petitioner
20    has satisfied the prerequisites set forth in subsection
21    (a) of Section 217, that judge may issue an emergency
22    order of protection.
23        (1.5) Issuance of order. The chief judge of the
24    circuit court may designate for each county in the circuit
25    at least one judge to be reasonably available to issue
26    orally, by telephone, by facsimile, or otherwise, an

 

 

10200HB2541ham001- 58 -LRB102 11879 LNS 35600 a

1    emergency order of protection at all times, whether or not
2    the court is in session.
3        (2) Certification and transfer. The judge who issued
4    the order under this Section shall promptly communicate or
5    convey the order to the sheriff to facilitate the entry of
6    the order into the Law Enforcement Agencies Data System by
7    the Illinois State Police pursuant to Section 302. Any
8    order issued under this Section and any documentation in
9    support thereof shall be certified on the next court day
10    to the appropriate court. The clerk of that court shall
11    immediately assign a case number, file the petition, order
12    and other documents with the court, and enter the order of
13    record and file it with the sheriff for service, in
14    accordance with Section 222. Filing the petition shall
15    commence proceedings for further relief under Section 202.
16    Failure to comply with the requirements of this subsection
17    shall not affect the validity of the order.
18(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
19    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
20    (Text of Section before amendment by P.A. 101-652)
21    Sec. 223. Enforcement of orders of protection.
22    (a) When violation is crime. A violation of any order of
23protection, whether issued in a civil or criminal proceeding,
24shall be enforced by a criminal court when:
25        (1) The respondent commits the crime of violation of

 

 

10200HB2541ham001- 59 -LRB102 11879 LNS 35600 a

1    an order of protection pursuant to Section 12-3.4 or 12-30
2    of the Criminal Code of 1961 or the Criminal Code of 2012,
3    by having knowingly violated:
4            (i) remedies described in paragraphs (1), (2),
5        (3), (14), or (14.5), or (14.6) of subsection (b) of
6        Section 214 of this Act; or
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraphs (1), (2),
9        (3), (14), and (14.5), and (14.6) of subsection (b) of
10        Section 214 of this Act, in a valid order of protection
11        which is authorized under the laws of another state,
12        tribe, or United States territory; or
13            (iii) any other remedy when the act constitutes a
14        crime against the protected parties as defined by the
15        Criminal Code of 1961 or the Criminal Code of 2012.
16        Prosecution for a violation of an order of protection
17    shall not bar concurrent prosecution for any other crime,
18    including any crime that may have been committed at the
19    time of the violation of the order of protection; or
20        (2) The respondent commits the crime of child
21    abduction pursuant to Section 10-5 of the Criminal Code of
22    1961 or the Criminal Code of 2012, by having knowingly
23    violated:
24            (i) remedies described in paragraphs (5), (6) or
25        (8) of subsection (b) of Section 214 of this Act; or
26            (ii) a remedy, which is substantially similar to

 

 

10200HB2541ham001- 60 -LRB102 11879 LNS 35600 a

1        the remedies authorized under paragraphs (5), (6), or
2        (8) of subsection (b) of Section 214 of this Act, in a
3        valid order of protection which is authorized under
4        the laws of another state, tribe, or United States
5        territory.
6    (b) When violation is contempt of court. A violation of
7any valid Illinois order of protection, whether issued in a
8civil or criminal proceeding, may be enforced through civil or
9criminal contempt procedures, as appropriate, by any court
10with jurisdiction, regardless where the act or acts which
11violated the order of protection were committed, to the extent
12consistent with the venue provisions of this Act. Nothing in
13this Act shall preclude any Illinois court from enforcing any
14valid order of protection issued in another state. Illinois
15courts may enforce orders of protection through both criminal
16prosecution and contempt proceedings, unless the action which
17is second in time is barred by collateral estoppel or the
18constitutional prohibition against double jeopardy.
19        (1) In a contempt proceeding where the petition for a
20    rule to show cause sets forth facts evidencing an
21    immediate danger that the respondent will flee the
22    jurisdiction, conceal a child, or inflict physical abuse
23    on the petitioner or minor children or on dependent adults
24    in petitioner's care, the court may order the attachment
25    of the respondent without prior service of the rule to
26    show cause or the petition for a rule to show cause. Bond

 

 

10200HB2541ham001- 61 -LRB102 11879 LNS 35600 a

1    shall be set unless specifically denied in writing.
2        (2) A petition for a rule to show cause for violation
3    of an order of protection shall be treated as an expedited
4    proceeding.
5    (b-1) The court shall not hold a school district or
6private or non-public school or any of its employees in civil
7or criminal contempt unless the school district or private or
8non-public school has been allowed to intervene.
9    (b-2) The court may hold the parents, guardian, or legal
10custodian of a minor respondent in civil or criminal contempt
11for a violation of any provision of any order entered under
12this Act for conduct of the minor respondent in violation of
13this Act if the parents, guardian, or legal custodian
14directed, encouraged, or assisted the respondent minor in such
15conduct.
16    (c) Violation of custody or support orders or temporary or
17final judgments allocating parental responsibilities. A
18violation of remedies described in paragraphs (5), (6), (8),
19or (9) of subsection (b) of Section 214 of this Act may be
20enforced by any remedy provided by Section 607.5 of the
21Illinois Marriage and Dissolution of Marriage Act. The court
22may enforce any order for support issued under paragraph (12)
23of subsection (b) of Section 214 in the manner provided for
24under Parts V and VII of the Illinois Marriage and Dissolution
25of Marriage Act.
26    (d) Actual knowledge. An order of protection may be

 

 

10200HB2541ham001- 62 -LRB102 11879 LNS 35600 a

1enforced pursuant to this Section if the respondent violates
2the order after the respondent has actual knowledge of its
3contents as shown through one of the following means:
4        (1) By service, delivery, or notice under Section 210.
5        (2) By notice under Section 210.1 or 211.
6        (3) By service of an order of protection under Section
7    222.
8        (4) By other means demonstrating actual knowledge of
9    the contents of the order.
10    (e) The enforcement of an order of protection in civil or
11criminal court shall not be affected by either of the
12following:
13        (1) The existence of a separate, correlative order,
14    entered under Section 215.
15        (2) Any finding or order entered in a conjoined
16    criminal proceeding.
17    (f) Circumstances. The court, when determining whether or
18not a violation of an order of protection has occurred, shall
19not require physical manifestations of abuse on the person of
20the victim.
21    (g) Penalties.
22        (1) Except as provided in paragraph (3) of this
23    subsection, where the court finds the commission of a
24    crime or contempt of court under subsections (a) or (b) of
25    this Section, the penalty shall be the penalty that
26    generally applies in such criminal or contempt

 

 

10200HB2541ham001- 63 -LRB102 11879 LNS 35600 a

1    proceedings, and may include one or more of the following:
2    incarceration, payment of restitution, a fine, payment of
3    attorneys' fees and costs, or community service.
4        (2) The court shall hear and take into account
5    evidence of any factors in aggravation or mitigation
6    before deciding an appropriate penalty under paragraph (1)
7    of this subsection.
8        (3) To the extent permitted by law, the court is
9    encouraged to:
10            (i) increase the penalty for the knowing violation
11        of any order of protection over any penalty previously
12        imposed by any court for respondent's violation of any
13        order of protection or penal statute involving
14        petitioner as victim and respondent as defendant;
15            (ii) impose a minimum penalty of 24 hours
16        imprisonment for respondent's first violation of any
17        order of protection; and
18            (iii) impose a minimum penalty of 48 hours
19        imprisonment for respondent's second or subsequent
20        violation of an order of protection
21    unless the court explicitly finds that an increased
22    penalty or that period of imprisonment would be manifestly
23    unjust.
24        (4) In addition to any other penalties imposed for a
25    violation of an order of protection, a criminal court may
26    consider evidence of any violations of an order of

 

 

10200HB2541ham001- 64 -LRB102 11879 LNS 35600 a

1    protection:
2            (i) to increase, revoke or modify the bail bond on
3        an underlying criminal charge pursuant to Section
4        110-6 of the Code of Criminal Procedure of 1963;
5            (ii) to revoke or modify an order of probation,
6        conditional discharge or supervision, pursuant to
7        Section 5-6-4 of the Unified Code of Corrections;
8            (iii) to revoke or modify a sentence of periodic
9        imprisonment, pursuant to Section 5-7-2 of the Unified
10        Code of Corrections.
11        (5) In addition to any other penalties, the court
12    shall impose an additional fine of $20 as authorized by
13    Section 5-9-1.11 of the Unified Code of Corrections upon
14    any person convicted of or placed on supervision for a
15    violation of an order of protection. The additional fine
16    shall be imposed for each violation of this Section.
17(Source: P.A. 99-90, eff. 1-1-16.)
 
18    (Text of Section after amendment by P.A. 101-652)
19    Sec. 223. Enforcement of orders of protection.
20    (a) When violation is crime. A violation of any order of
21protection, whether issued in a civil or criminal proceeding,
22shall be enforced by a criminal court when:
23        (1) The respondent commits the crime of violation of
24    an order of protection pursuant to Section 12-3.4 or 12-30
25    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

10200HB2541ham001- 65 -LRB102 11879 LNS 35600 a

1    by having knowingly violated:
2            (i) remedies described in paragraphs (1), (2),
3        (3), (14), or (14.5), or (14.6) of subsection (b) of
4        Section 214 of this Act; or
5            (ii) a remedy, which is substantially similar to
6        the remedies authorized under paragraphs (1), (2),
7        (3), (14), and (14.5), and (14.6) of subsection (b) of
8        Section 214 of this Act, in a valid order of protection
9        which is authorized under the laws of another state,
10        tribe, or United States territory; or
11            (iii) any other remedy when the act constitutes a
12        crime against the protected parties as defined by the
13        Criminal Code of 1961 or the Criminal Code of 2012.
14        Prosecution for a violation of an order of protection
15    shall not bar concurrent prosecution for any other crime,
16    including any crime that may have been committed at the
17    time of the violation of the order of protection; or
18        (2) The respondent commits the crime of child
19    abduction pursuant to Section 10-5 of the Criminal Code of
20    1961 or the Criminal Code of 2012, by having knowingly
21    violated:
22            (i) remedies described in paragraphs (5), (6) or
23        (8) of subsection (b) of Section 214 of this Act; or
24            (ii) a remedy, which is substantially similar to
25        the remedies authorized under paragraphs (5), (6), or
26        (8) of subsection (b) of Section 214 of this Act, in a

 

 

10200HB2541ham001- 66 -LRB102 11879 LNS 35600 a

1        valid order of protection which is authorized under
2        the laws of another state, tribe, or United States
3        territory.
4    (b) When violation is contempt of court. A violation of
5any valid Illinois order of protection, whether issued in a
6civil or criminal proceeding, may be enforced through civil or
7criminal contempt procedures, as appropriate, by any court
8with jurisdiction, regardless where the act or acts which
9violated the order of protection were committed, to the extent
10consistent with the venue provisions of this Act. Nothing in
11this Act shall preclude any Illinois court from enforcing any
12valid order of protection issued in another state. Illinois
13courts may enforce orders of protection through both criminal
14prosecution and contempt proceedings, unless the action which
15is second in time is barred by collateral estoppel or the
16constitutional prohibition against double jeopardy.
17        (1) In a contempt proceeding where the petition for a
18    rule to show cause sets forth facts evidencing an
19    immediate danger that the respondent will flee the
20    jurisdiction, conceal a child, or inflict physical abuse
21    on the petitioner or minor children or on dependent adults
22    in petitioner's care, the court may order the attachment
23    of the respondent without prior service of the rule to
24    show cause or the petition for a rule to show cause.
25    Conditions of release shall be set unless specifically
26    denied in writing.

 

 

10200HB2541ham001- 67 -LRB102 11879 LNS 35600 a

1        (2) A petition for a rule to show cause for violation
2    of an order of protection shall be treated as an expedited
3    proceeding.
4    (b-1) The court shall not hold a school district or
5private or non-public school or any of its employees in civil
6or criminal contempt unless the school district or private or
7non-public school has been allowed to intervene.
8    (b-2) The court may hold the parents, guardian, or legal
9custodian of a minor respondent in civil or criminal contempt
10for a violation of any provision of any order entered under
11this Act for conduct of the minor respondent in violation of
12this Act if the parents, guardian, or legal custodian
13directed, encouraged, or assisted the respondent minor in such
14conduct.
15    (c) Violation of custody or support orders or temporary or
16final judgments allocating parental responsibilities. A
17violation of remedies described in paragraphs (5), (6), (8),
18or (9) of subsection (b) of Section 214 of this Act may be
19enforced by any remedy provided by Section 607.5 of the
20Illinois Marriage and Dissolution of Marriage Act. The court
21may enforce any order for support issued under paragraph (12)
22of subsection (b) of Section 214 in the manner provided for
23under Parts V and VII of the Illinois Marriage and Dissolution
24of Marriage Act.
25    (d) Actual knowledge. An order of protection may be
26enforced pursuant to this Section if the respondent violates

 

 

10200HB2541ham001- 68 -LRB102 11879 LNS 35600 a

1the order after the respondent has actual knowledge of its
2contents as shown through one of the following means:
3        (1) By service, delivery, or notice under Section 210.
4        (2) By notice under Section 210.1 or 211.
5        (3) By service of an order of protection under Section
6    222.
7        (4) By other means demonstrating actual knowledge of
8    the contents of the order.
9    (e) The enforcement of an order of protection in civil or
10criminal court shall not be affected by either of the
11following:
12        (1) The existence of a separate, correlative order,
13    entered under Section 215.
14        (2) Any finding or order entered in a conjoined
15    criminal proceeding.
16    (f) Circumstances. The court, when determining whether or
17not a violation of an order of protection has occurred, shall
18not require physical manifestations of abuse on the person of
19the victim.
20    (g) Penalties.
21        (1) Except as provided in paragraph (3) of this
22    subsection, where the court finds the commission of a
23    crime or contempt of court under subsections (a) or (b) of
24    this Section, the penalty shall be the penalty that
25    generally applies in such criminal or contempt
26    proceedings, and may include one or more of the following:

 

 

10200HB2541ham001- 69 -LRB102 11879 LNS 35600 a

1    incarceration, payment of restitution, a fine, payment of
2    attorneys' fees and costs, or community service.
3        (2) The court shall hear and take into account
4    evidence of any factors in aggravation or mitigation
5    before deciding an appropriate penalty under paragraph (1)
6    of this subsection.
7        (3) To the extent permitted by law, the court is
8    encouraged to:
9            (i) increase the penalty for the knowing violation
10        of any order of protection over any penalty previously
11        imposed by any court for respondent's violation of any
12        order of protection or penal statute involving
13        petitioner as victim and respondent as defendant;
14            (ii) impose a minimum penalty of 24 hours
15        imprisonment for respondent's first violation of any
16        order of protection; and
17            (iii) impose a minimum penalty of 48 hours
18        imprisonment for respondent's second or subsequent
19        violation of an order of protection
20    unless the court explicitly finds that an increased
21    penalty or that period of imprisonment would be manifestly
22    unjust.
23        (4) In addition to any other penalties imposed for a
24    violation of an order of protection, a criminal court may
25    consider evidence of any violations of an order of
26    protection:

 

 

10200HB2541ham001- 70 -LRB102 11879 LNS 35600 a

1            (i) to increase, revoke or modify the conditions
2        of pretrial release on an underlying criminal charge
3        pursuant to Section 110-6 of the Code of Criminal
4        Procedure of 1963;
5            (ii) to revoke or modify an order of probation,
6        conditional discharge or supervision, pursuant to
7        Section 5-6-4 of the Unified Code of Corrections;
8            (iii) to revoke or modify a sentence of periodic
9        imprisonment, pursuant to Section 5-7-2 of the Unified
10        Code of Corrections.
11        (5) In addition to any other penalties, the court
12    shall impose an additional fine of $20 as authorized by
13    Section 5-9-1.11 of the Unified Code of Corrections upon
14    any person convicted of or placed on supervision for a
15    violation of an order of protection. The additional fine
16    shall be imposed for each violation of this Section.
17(Source: P.A. 101-652, eff. 1-1-23.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.".