HB1404 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1404

 

Introduced 1/31/2023, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-14  from Ch. 38, par. 112A-14
750 ILCS 60/214  from Ch. 40, par. 2312-14
750 ILCS 60/217  from Ch. 40, par. 2312-17
750 ILCS 60/223  from Ch. 40, par. 2312-23

    Amends the Illinois Domestic Violence Act of 1986. Provides that if a respondent to an order of protection is subject to remedies prohibiting firearm possession, the order of protection shall also include an order to surrender firearms. Sets forth requirements for the surrendering of any firearm and law enforcement agencies providing statements of receipt of firearms. Provides that the failure to surrender any firearm within 24 hours to the appropriate law enforcement agency under an order to surrender firearms shall constitute contempt of court for the violation of the terms of the order of protection. Requires the Supreme Court to adopt a form for an order to surrender firearms and update any existing forms for an order of protection. Makes corresponding changes in the Act and the Code of Criminal Procedure of 1963.


LRB103 25023 LNS 51357 b

 

 

A BILL FOR

 

HB1404LRB103 25023 LNS 51357 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 30. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-14 as follows:
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Domestic violence order of protection;
8remedies.
9    (a) (Blank).
10    (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14        (1) Prohibition of abuse. Prohibit respondent's
15    harassment, interference with personal liberty,
16    intimidation of a dependent, physical abuse, or willful
17    deprivation, as defined in this Article, if such abuse has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner

 

 

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1    has a right to occupancy thereof. The grant of exclusive
2    possession of the residence, household, or premises shall
3    not affect title to real property, nor shall the court be
4    limited by the standard set forth in subsection (c-2) of
5    Section 501 of the Illinois Marriage and Dissolution of
6    Marriage Act.
7            (A) Right to occupancy. A party has a right to
8        occupancy of a residence or household if it is solely
9        or jointly owned or leased by that party, that party's
10        spouse, a person with a legal duty to support that
11        party or a minor child in that party's care, or by any
12        person or entity other than the opposing party that
13        authorizes that party's occupancy (e.g., a domestic
14        violence shelter). Standards set forth in subparagraph
15        (B) shall not preclude equitable relief.
16            (B) Presumption of hardships. If petitioner and
17        respondent each has the right to occupancy of a
18        residence or household, the court shall balance (i)
19        the hardships to respondent and any minor child or
20        dependent adult in respondent's care resulting from
21        entry of this remedy with (ii) the hardships to
22        petitioner and any minor child or dependent adult in
23        petitioner's care resulting from continued exposure to
24        the risk of abuse (should petitioner remain at the
25        residence or household) or from loss of possession of
26        the residence or household (should petitioner leave to

 

 

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1        avoid the risk of abuse). When determining the balance
2        of hardships, the court shall also take into account
3        the accessibility of the residence or household.
4        Hardships need not be balanced if respondent does not
5        have a right to occupancy.
6            The balance of hardships is presumed to favor
7        possession by petitioner unless the presumption is
8        rebutted by a preponderance of the evidence, showing
9        that the hardships to respondent substantially
10        outweigh the hardships to petitioner and any minor
11        child or dependent adult in petitioner's care. The
12        court, on the request of petitioner or on its own
13        motion, may order respondent to provide suitable,
14        accessible, alternate housing for petitioner instead
15        of excluding respondent from a mutual residence or
16        household.
17        (3) Stay away order and additional prohibitions. Order
18    respondent to stay away from petitioner or any other
19    person protected by the domestic violence order of
20    protection, or prohibit respondent from entering or
21    remaining present at petitioner's school, place of
22    employment, or other specified places at times when
23    petitioner is present, or both, if reasonable, given the
24    balance of hardships. Hardships need not be balanced for
25    the court to enter a stay away order or prohibit entry if
26    respondent has no right to enter the premises.

 

 

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1            (A) If a domestic violence order of protection
2        grants petitioner exclusive possession of the
3        residence, prohibits respondent from entering the
4        residence, or orders respondent to stay away from
5        petitioner or other protected persons, then the court
6        may allow respondent access to the residence to remove
7        items of clothing and personal adornment used
8        exclusively by respondent, medications, and other
9        items as the court directs. The right to access shall
10        be exercised on only one occasion as the court directs
11        and in the presence of an agreed-upon adult third
12        party or law enforcement officer.
13            (B) When the petitioner and the respondent attend
14        the same public, private, or non-public elementary,
15        middle, or high school, the court when issuing a
16        domestic violence order of protection and providing
17        relief shall consider the severity of the act, any
18        continuing physical danger or emotional distress to
19        the petitioner, the educational rights guaranteed to
20        the petitioner and respondent under federal and State
21        law, the availability of a transfer of the respondent
22        to another school, a change of placement or a change of
23        program of the respondent, the expense, difficulty,
24        and educational disruption that would be caused by a
25        transfer of the respondent to another school, and any
26        other relevant facts of the case. The court may order

 

 

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1        that the respondent not attend the public, private, or
2        non-public elementary, middle, or high school attended
3        by the petitioner, order that the respondent accept a
4        change of placement or change of program, as
5        determined by the school district or private or
6        non-public school, or place restrictions on the
7        respondent's movements within the school attended by
8        the petitioner. The respondent bears the burden of
9        proving by a preponderance of the evidence that a
10        transfer, change of placement, or change of program of
11        the respondent is not available. The respondent also
12        bears the burden of production with respect to the
13        expense, difficulty, and educational disruption that
14        would be caused by a transfer of the respondent to
15        another school. A transfer, change of placement, or
16        change of program is not unavailable to the respondent
17        solely on the ground that the respondent does not
18        agree with the school district's or private or
19        non-public school's transfer, change of placement, or
20        change of program or solely on the ground that the
21        respondent fails or refuses to consent or otherwise
22        does not take an action required to effectuate a
23        transfer, change of placement, or change of program.
24        When a court orders a respondent to stay away from the
25        public, private, or non-public school attended by the
26        petitioner and the respondent requests a transfer to

 

 

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1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. If the
6        court order results in a transfer of the minor
7        respondent to another attendance center, a change in
8        the respondent's placement, or a change of the
9        respondent's program, the parents, guardian, or legal
10        custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. If
17        the court orders a transfer of the respondent to
18        another school, the parents, guardian, or legal
19        custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        change of school by the respondent.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist,
25    psychiatrist, family service agency, alcohol or substance
26    abuse program, mental health center guidance counselor,

 

 

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1    agency providing services to elders, program designed for
2    domestic violence abusers, or any other guidance service
3    the court deems appropriate. The court may order the
4    respondent in any intimate partner relationship to report
5    to an Illinois Department of Human Services protocol
6    approved partner abuse intervention program for an
7    assessment and to follow all recommended treatment.
8        (5) Physical care and possession of the minor child.
9    In order to protect the minor child from abuse, neglect,
10    or unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If the respondent is charged with abuse (as defined in
19    Section 112A-3 of this Code) of a minor child, there shall
20    be a rebuttable presumption that awarding physical care to
21    respondent would not be in the minor child's best
22    interest.
23        (6) Temporary allocation of parental responsibilities
24    and significant decision-making responsibilities. Award
25    temporary significant decision-making responsibility to
26    petitioner in accordance with this Section, the Illinois

 

 

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1    Marriage and Dissolution of Marriage Act, the Illinois
2    Parentage Act of 2015, and this State's Uniform
3    Child-Custody Jurisdiction and Enforcement Act.
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 temporary
7    significant decision-making responsibility to respondent
8    would not be in the child's best interest.
9        (7) Parenting time. Determine the parenting time, if
10    any, of respondent in any case in which the court awards
11    physical care or temporary significant decision-making
12    responsibility of a minor child to petitioner. The court
13    shall restrict or deny respondent's parenting time with a
14    minor child if the court finds that respondent has done or
15    is likely to do any of the following:
16            (i) abuse or endanger the minor child during
17        parenting time;
18            (ii) use the parenting time as an opportunity to
19        abuse or harass petitioner or petitioner's family or
20        household members;
21            (iii) improperly conceal or detain the minor
22        child; or
23            (iv) otherwise act in a manner that is not in the
24        best interests of the minor child.
25        The court shall not be limited by the standards set
26    forth in Section 603.10 of the Illinois Marriage and

 

 

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1    Dissolution of Marriage Act. If the court grants parenting
2    time, the order shall specify dates and times for the
3    parenting time to take place or other specific parameters
4    or conditions that are appropriate. No order for parenting
5    time shall refer merely to the term "reasonable parenting
6    time". Petitioner may deny respondent access to the minor
7    child if, when respondent arrives for parenting time,
8    respondent is under the influence of drugs or alcohol and
9    constitutes a threat to the safety and well-being of
10    petitioner or petitioner's minor children or is behaving
11    in a violent or abusive manner. If necessary to protect
12    any member of petitioner's family or household from future
13    abuse, respondent shall be prohibited from coming to
14    petitioner's residence to meet the minor child for
15    parenting time, and the petitioner and respondent shall
16    submit to the court their recommendations for reasonable
17    alternative arrangements for parenting time. A person may
18    be approved to supervise parenting time only after filing
19    an affidavit accepting that responsibility and
20    acknowledging accountability to the court.
21        (8) Removal or concealment of minor child. Prohibit
22    respondent from removing a minor child from the State or
23    concealing the child within the State.
24        (9) Order to appear. Order the respondent to appear in
25    court, alone or with a minor child, to prevent abuse,
26    neglect, removal or concealment of the child, to return

 

 

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

 

 

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1    property, except as explicitly authorized by the court,
2    if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the petitioner and respondent own the
6        property jointly, and the balance of hardships favors
7        granting this remedy.
8        If petitioner's sole claim to ownership of the
9    property is that it is marital property, the court may
10    grant petitioner relief under subparagraph (ii) of this
11    paragraph only if a proper proceeding has been filed under
12    the Illinois Marriage and Dissolution of Marriage Act, as
13    now or hereafter amended.
14        The court may further prohibit respondent from
15    improperly using the financial or other resources of an
16    aged member of the family or household for the profit or
17    advantage of respondent or of any other person.
18        (11.5) Protection of animals. Grant the petitioner the
19    exclusive care, custody, or control of any animal owned,
20    possessed, leased, kept, or held by either the petitioner
21    or the respondent or a minor child residing in the
22    residence or household of either the petitioner or the
23    respondent and order the respondent to stay away from the
24    animal and forbid the respondent from taking,
25    transferring, encumbering, concealing, harming, or
26    otherwise disposing of the animal.

 

 

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1        (12) Order for payment of support. Order respondent to
2    pay temporary support for the petitioner or any child in
3    the petitioner's care or over whom the petitioner has been
4    allocated parental responsibility, when the respondent has
5    a legal obligation to support that person, in accordance
6    with the Illinois Marriage and Dissolution of Marriage
7    Act, which shall govern, among other matters, the amount
8    of support, payment through the clerk and withholding of
9    income to secure payment. An order for child support may
10    be granted to a petitioner with lawful physical care of a
11    child, or an order or agreement for physical care of a
12    child, prior to entry of an order allocating significant
13    decision-making responsibility. Such a support order shall
14    expire upon entry of a valid order allocating parental
15    responsibility differently and vacating petitioner's
16    significant decision-making responsibility unless
17    otherwise provided in the order.
18        (13) Order for payment of losses. Order respondent to
19    pay petitioner for losses suffered as a direct result of
20    the abuse. Such losses shall include, but not be limited
21    to, medical expenses, lost earnings or other support,
22    repair or replacement of property damaged or taken,
23    reasonable attorney's fees, court costs, and moving or
24    other travel expenses, including additional reasonable
25    expenses for temporary shelter and restaurant meals.
26            (i) Losses affecting family needs. If a party is

 

 

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1        entitled to seek maintenance, child support, or
2        property distribution from the other party under the
3        Illinois Marriage and Dissolution of Marriage Act, as
4        now or hereafter amended, the court may order
5        respondent to reimburse petitioner's actual losses, to
6        the extent that such reimbursement would be
7        "appropriate temporary relief", as authorized by
8        subsection (a)(3) of Section 501 of that Act.
9            (ii) Recovery of expenses. In the case of an
10        improper concealment or removal of a minor child, the
11        court may order respondent to pay the reasonable
12        expenses incurred or to be incurred in the search for
13        and recovery of the minor child, including, but not
14        limited to, legal fees, court costs, private
15        investigator fees, and travel costs.
16        (14) Prohibition of entry. Prohibit the respondent
17    from entering or remaining in the residence or household
18    while the respondent is under the influence of alcohol or
19    drugs and constitutes a threat to the safety and
20    well-being of the petitioner or the petitioner's children.
21        (14.5) Prohibition of firearm possession.
22            (A) A person who is subject to an existing
23        domestic violence order of protection issued under
24        this Code may not lawfully possess weapons or a
25        Firearm Owner's Identification Card under Section 8.2
26        of the Firearm Owners Identification Card Act and is

 

 

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1        subject to the requirements of subsection (a-1) of
2        Section 214 of the Illinois Domestic Violence Act of
3        1986 and paragraph (14.5) or (14.6) of subsection (b)
4        of Section 214 of the Illinois Domestic Violence Act
5        of 1986, as applicable.
6            (B) Any firearms in the possession of the
7        respondent, except as provided in subparagraph (C) of
8        this paragraph (14.5), shall be ordered by the court
9        to be turned over to a person with a valid Firearm
10        Owner's Identification Card for surrender for the
11        duration of the domestic violence order of protection
12        safekeeping.
13            The court shall issue an order that the respondent
14        comply with Section 9.5 of the Firearm Owners
15        Identification Card Act.
16            (C) If the respondent is a peace officer as
17        defined in Section 2-13 of the Criminal Code of 2012,
18        the court shall order that any firearms used by the
19        respondent in the performance of his or her duties as a
20        peace officer be surrendered to the chief law
21        enforcement executive of the agency in which the
22        respondent is employed, who shall retain the firearms
23        for surrender safekeeping for the duration of the
24        domestic violence order of protection.
25            (D) Upon expiration of the period of surrender
26        safekeeping, if the firearms or Firearm Owner's

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB1404- 20 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 21 -LRB103 25023 LNS 51357 b

1        (4) (Blank).
2        (5) Never married parties. No rights or
3    responsibilities for a minor child born outside of
4    marriage attach to a putative father until a father and
5    child relationship has been established under the Illinois
6    Parentage Act of 1984, the Illinois Parentage Act of 2015,
7    the Illinois Public Aid Code, Section 12 of the Vital
8    Records Act, the Juvenile Court Act of 1987, the Probate
9    Act of 1975, the Uniform Interstate Family Support Act,
10    the Expedited Child Support Act of 1990, any judicial,
11    administrative, or other act of another state or
12    territory, any other statute of this State, or by any
13    foreign nation establishing the father and child
14    relationship, any other proceeding substantially in
15    conformity with the federal Personal Responsibility and
16    Work Opportunity Reconciliation Act of 1996, or when both
17    parties appeared in open court or at an administrative
18    hearing acknowledging under oath or admitting by
19    affirmation the existence of a father and child
20    relationship. Absent such an adjudication, no putative
21    father shall be granted temporary allocation of parental
22    responsibilities, including parenting time with the minor
23    child, or physical care and possession of the minor child,
24    nor shall an order of payment for support of the minor
25    child be entered.
26    (d) Balance of hardships; findings. If the court finds

 

 

HB1404- 22 -LRB103 25023 LNS 51357 b

1that the balance of hardships does not support the granting of
2a remedy governed by paragraph (2), (3), (10), (11), or (16) of
3subsection (b) of this Section, which may require such
4balancing, the court's findings shall so indicate and shall
5include a finding as to whether granting the remedy will
6result in hardship to respondent that would substantially
7outweigh the hardship to petitioner from denial of the remedy.
8The findings shall be an official record or in writing.
9    (e) Denial of remedies. Denial of any remedy shall not be
10based, in whole or in part, on evidence that:
11        (1) respondent has cause for any use of force, unless
12    that cause satisfies the standards for justifiable use of
13    force provided by Article 7 of the Criminal Code of 2012;
14        (2) respondent was voluntarily intoxicated;
15        (3) petitioner acted in self-defense or defense of
16    another, provided that, if petitioner utilized force, such
17    force was justifiable under Article 7 of the Criminal Code
18    of 2012;
19        (4) petitioner did not act in self-defense or defense
20    of another;
21        (5) petitioner left the residence or household to
22    avoid further abuse by respondent;
23        (6) petitioner did not leave the residence or
24    household to avoid further abuse by respondent; or
25        (7) conduct by any family or household member excused
26    the abuse by respondent, unless that same conduct would

 

 

HB1404- 23 -LRB103 25023 LNS 51357 b

1    have excused such abuse if the parties had not been family
2    or household members.
3(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    Section 35. The Illinois Domestic Violence Act of 1986 is
6amended by changing Sections 214, 217, and 223 as follows:
 
7    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
8    Sec. 214. Order of protection; remedies.
9    (a) Issuance of order. If the court finds that petitioner
10has been abused by a family or household member or that
11petitioner is a high-risk adult who has been abused,
12neglected, or exploited, as defined in this Act, an order of
13protection prohibiting the abuse, neglect, or exploitation
14shall issue; provided that petitioner must also satisfy the
15requirements of one of the following Sections, as appropriate:
16Section 217 on emergency orders, Section 218 on interim
17orders, or Section 219 on plenary orders. Petitioner shall not
18be denied an order of protection because petitioner or
19respondent is a minor. The court, when determining whether or
20not to issue an order of protection, shall not require
21physical manifestations of abuse on the person of the victim.
22Modification and extension of prior orders of protection shall
23be in accordance with this Act.
24    (a-1) If the respondent to an order of protection issued

 

 

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1under subsection (a) is subject to paragraph (14.5) or (14.6)
2of subsection (b), the order of protection shall also include
3an order to surrender firearms. The order to surrender
4firearms shall require the respondent to surrender any firearm
5on the day the respondent is served with the order of
6protection. Upon the respondent surrendering any firearm to
7the appropriate law enforcement agency, the law enforcement
8agency shall provide a statement of receipt of any firearm,
9with a description of any firearm surrendered, to the
10respondent and the court. This statement of receipt shall be
11considered proof of compliance with an order to surrender
12firearms and may be presented as proof at a hearing.
13    The failure to surrender any firearm within 24 hours to
14the appropriate law enforcement agency under an order to
15surrender firearms shall constitute contempt of court for the
16violation of the terms of the order of protection.
17    Within 30 days of the effective date of this amendatory
18Act of the 103rd General Assembly, the Supreme Court shall
19adopt a form for an order to surrender firearms and update any
20existing forms for an order of protection to reflect the
21changes made by this amendatory Act of the 103rd General
22Assembly. The form for an order to surrender firearms shall
23also include forms for a declaration of surrender of firearms,
24proof of surrender, declaration of nonsurrender, and order to
25release firearms.
26    (b) Remedies and standards. The remedies to be included in

 

 

HB1404- 25 -LRB103 25023 LNS 51357 b

1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as
3appropriate: Section 217 on emergency orders, Section 218 on
4interim orders, and Section 219 on plenary orders. The
5remedies listed in this subsection shall be in addition to
6other civil or criminal remedies available to petitioner.
7        (1) Prohibition of abuse, neglect, or exploitation.
8    Prohibit respondent's harassment, interference with
9    personal liberty, intimidation of a dependent, physical
10    abuse, or willful deprivation, neglect or exploitation, as
11    defined in this Act, or stalking of the petitioner, as
12    defined in Section 12-7.3 of the Criminal Code of 2012, if
13    such abuse, neglect, exploitation, or stalking has
14    occurred or otherwise appears likely to occur if not
15    prohibited.
16        (2) Grant of exclusive possession of residence.
17    Prohibit respondent from entering or remaining in any
18    residence, household, or premises of the petitioner,
19    including one owned or leased by respondent, if petitioner
20    has a right to occupancy thereof. The grant of exclusive
21    possession of the residence, household, or premises shall
22    not affect title to real property, nor shall the court be
23    limited by the standard set forth in subsection (c-2) of
24    Section 501 of the Illinois Marriage and Dissolution of
25    Marriage Act.
26            (A) Right to occupancy. A party has a right to

 

 

HB1404- 26 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 27 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 28 -LRB103 25023 LNS 51357 b

1        medications, and other items as the court directs. The
2        right to access shall be exercised on only one
3        occasion as the court directs and in the presence of an
4        agreed-upon adult third party or law enforcement
5        officer.
6            (B) When the petitioner and the respondent attend
7        the same public, private, or non-public elementary,
8        middle, or high school, the court when issuing an
9        order of protection and providing relief shall
10        consider the severity of the act, any continuing
11        physical danger or emotional distress to the
12        petitioner, the educational rights guaranteed to the
13        petitioner and respondent under federal and State law,
14        the availability of a transfer of the respondent to
15        another school, a change of placement or a change of
16        program of the respondent, the expense, difficulty,
17        and educational disruption that would be caused by a
18        transfer of the respondent to another school, and any
19        other relevant facts of the case. The court may order
20        that the respondent not attend the public, private, or
21        non-public elementary, middle, or high school attended
22        by the petitioner, order that the respondent accept a
23        change of placement or change of program, as
24        determined by the school district or private or
25        non-public school, or place restrictions on the
26        respondent's movements within the school attended by

 

 

HB1404- 29 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 30 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 31 -LRB103 25023 LNS 51357 b

1        (5) Physical care and possession of the minor child.
2    In order to protect the minor child from abuse, neglect,
3    or unwarranted separation from the person who has been the
4    minor child's primary caretaker, or to otherwise protect
5    the well-being of the minor child, the court may do either
6    or both of the following: (i) grant petitioner physical
7    care or possession of the minor child, or both, or (ii)
8    order respondent to return a minor child to, or not remove
9    a minor child from, the physical care of a parent or person
10    in loco parentis.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 103) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding physical care to respondent would not be in the
15    minor child's best interest.
16        (6) Temporary allocation of parental responsibilities:
17    significant decision-making. Award temporary
18    decision-making responsibility to petitioner in accordance
19    with this Section, the Illinois Marriage and Dissolution
20    of Marriage Act, the Illinois Parentage Act of 2015, and
21    this State's Uniform Child-Custody Jurisdiction and
22    Enforcement Act.
23        If a court finds, after a hearing, that respondent has
24    committed abuse (as defined in Section 103) of a minor
25    child, there shall be a rebuttable presumption that
26    awarding temporary significant decision-making

 

 

HB1404- 32 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 33 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 34 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 35 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 36 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 37 -LRB103 25023 LNS 51357 b

1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including but not
4        limited to legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and
10    well-being of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (a) Prohibit a respondent against whom an order of
13        protection was issued from possessing any firearms
14        during the duration of the order if the order:
15                (1) (blank) was issued after a hearing of
16            which such person received actual notice, and at
17            which such person had an opportunity to
18            participate;
19                (2) restrains such person from harassing,
20            stalking, or threatening an intimate partner of
21            such person or child of such intimate partner or
22            person, or engaging in other conduct that would
23            place an intimate partner in reasonable fear of
24            bodily injury to the partner or child; and
25                (3)(i) includes a finding that such person
26            represents a credible threat to the physical

 

 

HB1404- 38 -LRB103 25023 LNS 51357 b

1            safety of such intimate partner or child; or (ii)
2            by its terms explicitly prohibits the use,
3            attempted use, or threatened use of physical force
4            against such intimate partner or child that would
5            reasonably be expected to cause bodily injury.
6            Any Firearm Owner's Identification Card in the
7        possession of the respondent, except as provided in
8        subsection (b), shall be ordered by the court to be
9        turned over to the local law enforcement agency. The
10        local law enforcement agency shall immediately mail
11        the card to the Illinois State Police Firearm Owner's
12        Identification Card Office for safekeeping. The court
13        shall issue a warrant for seizure of any firearm in the
14        possession of the respondent, to be kept by the local
15        law enforcement agency for safekeeping, except as
16        provided in subsection (b). The period of safekeeping
17        shall be for the duration of the order of protection.
18        The firearm or firearms and Firearm Owner's
19        Identification Card, if unexpired, shall at the
20        respondent's request, be returned to the respondent at
21        the end of the order of protection. It is the
22        respondent's responsibility to notify the Illinois
23        State Police Firearm Owner's Identification Card
24        Office.
25            (b) If the respondent is a peace officer as
26        defined in Section 2-13 of the Criminal Code of 2012,

 

 

HB1404- 39 -LRB103 25023 LNS 51357 b

1        the court shall order that any firearms used by the
2        respondent in the performance of his or her duties as a
3        peace officer be surrendered to the chief law
4        enforcement executive of the agency in which the
5        respondent is employed, who shall retain the firearms
6        for safekeeping for the duration of the order of
7        protection.
8            (c) Upon expiration of the period of safekeeping,
9        if the firearms or Firearm Owner's Identification Card
10        cannot be returned to the respondent because the
11        respondent cannot be located, fails to respond to
12        requests to retrieve the firearms, or is not lawfully
13        eligible to possess a firearm, upon petition from the
14        local law enforcement agency, the court may order the
15        local law enforcement agency to destroy the firearms,
16        use the firearms for training purposes, or for any
17        other application as deemed appropriate by the local
18        law enforcement agency; or that the firearms be turned
19        over to a third party who is lawfully eligible to
20        possess firearms, and who does not reside with the
21        respondent.
22        (14.6) Prohibition of firearm possession; emergency
23    orders.
24            (a) Any Firearm Owner's Identification Card in the
25        possession of the respondent, except as provided in
26        subparagraph (b), shall be suspended consistent with

 

 

HB1404- 40 -LRB103 25023 LNS 51357 b

1        Section 8.2 of the Firearm Owners Identification Act,
2        and the respondent shall be ordered by the court to
3        surrender the card and any firearm in the respondent's
4        possession consistent with Sections 8.3 and 9.5 of the
5        Firearm Owners Identification Act. The period of
6        surrender shall be for the duration of the order of
7        protection.
8            (b) If the respondent is a peace officer as
9        defined in Section 2-13 of the Criminal Code of 2012,
10        the court shall order that any firearms used by the
11        respondent in the performance of the respondent's
12        duties as a peace officer be surrendered to the chief
13        law enforcement executive of the agency in which the
14        respondent is employed, who shall retain the firearms
15        for surrender for the duration of the order of
16        protection.
17            (c) Upon expiration of the period of surrender, if
18        the firearms or Firearm Owner's Identification Card
19        cannot be returned to the respondent because the
20        respondent cannot be located, fails to respond to
21        requests to retrieve the firearms, or is not lawfully
22        eligible to possess a firearm, upon petition from the
23        local law enforcement agency, the court may order the
24        local law enforcement agency to destroy the firearms,
25        use the firearms for training purposes, or for any
26        other application as deemed appropriate by the local

 

 

HB1404- 41 -LRB103 25023 LNS 51357 b

1        law enforcement agency; or that the firearms be turned
2        over to a third party who is lawfully eligible to
3        possess firearms, and who does not reside with
4        respondent.
5        (15) Prohibition of access to records. If an order of
6    protection prohibits respondent from having contact with
7    the minor child, or if petitioner's address is omitted
8    under subsection (b) of Section 203, or if necessary to
9    prevent abuse or wrongful removal or concealment of a
10    minor child, the order shall deny respondent access to,
11    and prohibit respondent from inspecting, obtaining, or
12    attempting to inspect or obtain, school or any other
13    records of the minor child who is in the care of
14    petitioner.
15        (16) Order for payment of shelter services. Order
16    respondent to reimburse a shelter providing temporary
17    housing and counseling services to the petitioner for the
18    cost of the services, as certified by the shelter and
19    deemed reasonable by the court.
20        (17) Order for injunctive relief. Enter injunctive
21    relief necessary or appropriate to prevent further abuse
22    of a family or household member or further abuse, neglect,
23    or exploitation of a high-risk adult with disabilities or
24    to effectuate one of the granted remedies, if supported by
25    the balance of hardships. If the harm to be prevented by
26    the injunction is abuse or any other harm that one of the

 

 

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

 

 

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

 

 

HB1404- 44 -LRB103 25023 LNS 51357 b

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

 

 

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

 

 

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1        adequacy, location and other characteristics of
2        alternate housing for each party and any minor child
3        or dependent adult in the party's care;
4            (ii) the effect on the party's employment; and
5            (iii) the effect on the relationship of the party,
6        and any minor child or dependent adult in the party's
7        care, to family, school, church and community.
8        (3) Subject to the exceptions set forth in paragraph
9    (4) of this subsection, the court shall make its findings
10    in an official record or in writing, and shall at a minimum
11    set forth the following:
12            (i) That the court has considered the applicable
13        relevant factors described in paragraphs (1) and (2)
14        of this subsection.
15            (ii) Whether the conduct or actions of respondent,
16        unless prohibited, will likely cause irreparable harm
17        or continued abuse.
18            (iii) Whether it is necessary to grant the
19        requested relief in order to protect petitioner or
20        other alleged abused persons.
21        (4) For purposes of issuing an ex parte emergency
22    order of protection, the court, as an alternative to or as
23    a supplement to making the findings described in
24    paragraphs (c)(3)(i) through (c)(3)(iii) of this
25    subsection, may use the following procedure:
26        When a verified petition for an emergency order of

 

 

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1    protection in accordance with the requirements of Sections
2    203 and 217 is presented to the court, the court shall
3    examine petitioner on oath or affirmation. An emergency
4    order of protection shall be issued by the court if it
5    appears from the contents of the petition and the
6    examination of petitioner that the averments are
7    sufficient to indicate abuse by respondent and to support
8    the granting of relief under the issuance of the emergency
9    order of protection.
10        (5) Never married parties. No rights or
11    responsibilities for a minor child born outside of
12    marriage attach to a putative father until a father and
13    child relationship has been established under the Illinois
14    Parentage Act of 1984, the Illinois Parentage Act of 2015,
15    the Illinois Public Aid Code, Section 12 of the Vital
16    Records Act, the Juvenile Court Act of 1987, the Probate
17    Act of 1975, the Revised Uniform Reciprocal Enforcement of
18    Support Act, the Uniform Interstate Family Support Act,
19    the Expedited Child Support Act of 1990, any judicial,
20    administrative, or other act of another state or
21    territory, any other Illinois statute, or by any foreign
22    nation establishing the father and child relationship, any
23    other proceeding substantially in conformity with the
24    Personal Responsibility and Work Opportunity
25    Reconciliation Act of 1996 (Pub. L. 104-193), or where
26    both parties appeared in open court or at an

 

 

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1    administrative hearing acknowledging under oath or
2    admitting by affirmation the existence of a father and
3    child relationship. Absent such an adjudication, finding,
4    or acknowledgment, no putative father shall be granted
5    temporary allocation of parental responsibilities,
6    including parenting time with the minor child, or physical
7    care and possession of the minor child, nor shall an order
8    of payment for support of the minor child be entered.
9    (d) Balance of hardships; findings. If the court finds
10that the balance of hardships does not support the granting of
11a remedy governed by paragraph (2), (3), (10), (11), or (16) of
12subsection (b) of this Section, which may require such
13balancing, the court's findings shall so indicate and shall
14include a finding as to whether granting the remedy will
15result in hardship to respondent that would substantially
16outweigh the hardship to petitioner from denial of the remedy.
17The findings shall be an official record or in writing.
18    (e) Denial of remedies. Denial of any remedy shall not be
19based, in whole or in part, on evidence that:
20        (1) Respondent has cause for any use of force, unless
21    that cause satisfies the standards for justifiable use of
22    force provided by Article 7 of the Criminal Code of 2012;
23        (2) Respondent was voluntarily intoxicated;
24        (3) Petitioner acted in self-defense or defense of
25    another, provided that, if petitioner utilized force, such
26    force was justifiable under Article 7 of the Criminal Code

 

 

HB1404- 49 -LRB103 25023 LNS 51357 b

1    of 2012;
2        (4) Petitioner did not act in self-defense or defense
3    of another;
4        (5) Petitioner left the residence or household to
5    avoid further abuse, neglect, or exploitation by
6    respondent;
7        (6) Petitioner did not leave the residence or
8    household to avoid further abuse, neglect, or exploitation
9    by respondent;
10        (7) Conduct by any family or household member excused
11    the abuse, neglect, or exploitation by respondent, unless
12    that same conduct would have excused such abuse, neglect,
13    or exploitation if the parties had not been family or
14    household members.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
17    Sec. 217. Emergency order of protection.
18    (a) Prerequisites. An emergency order of protection shall
19issue if petitioner satisfies the requirements of this
20subsection for one or more of the requested remedies. For each
21remedy requested, the petitioner shall establish that:
22        (1) The court has jurisdiction under Section 208;
23        (2) The requirements of Section 214 are satisfied; and
24        (3) There is good cause to grant the remedy,
25    regardless of prior service of process or of notice upon

 

 

HB1404- 50 -LRB103 25023 LNS 51357 b

1    the respondent, because:
2            (i) For the remedies of "prohibition of abuse"
3        described in Section 214(b)(1), "stay away order and
4        additional prohibitions" described in Section
5        214(b)(3), "removal or concealment of minor child"
6        described in Section 214(b)(8), "order to appear"
7        described in Section 214(b)(9), "physical care and
8        possession of the minor child" described in Section
9        214(b)(5), "protection of property" described in
10        Section 214(b)(11), "prohibition of entry" described
11        in Section 214(b)(14), "prohibition of firearm
12        possession" described in Section 214(b)(14.6)
13        214(b)(14.5), "prohibition of access to records"
14        described in Section 214(b)(15), and "injunctive
15        relief" described in Section 214(b)(16), the harm
16        which that remedy is intended to prevent would be
17        likely to occur if the respondent were given any prior
18        notice, or greater notice than was actually given, of
19        the petitioner's efforts to obtain judicial relief;
20            (ii) For the remedy of "grant of exclusive
21        possession of residence" described in Section
22        214(b)(2), the immediate danger of further abuse of
23        the petitioner by the respondent, if the petitioner
24        chooses or had chosen to remain in the residence or
25        household while the respondent was given any prior
26        notice or greater notice than was actually given of

 

 

HB1404- 51 -LRB103 25023 LNS 51357 b

1        the petitioner's efforts to obtain judicial relief,
2        outweighs the hardships to the respondent of an
3        emergency order granting the petitioner exclusive
4        possession of the residence or household. This remedy
5        shall not be denied because the petitioner has or
6        could obtain temporary shelter elsewhere while prior
7        notice is given to the respondent, unless the
8        hardships to respondent from exclusion from the home
9        substantially outweigh those to the petitioner;
10            (iii) For the remedy of "possession of personal
11        property" described in Section 214(b)(10), improper
12        disposition of the personal property would be likely
13        to occur if the respondent were given any prior
14        notice, or greater notice than was actually given, of
15        the petitioner's efforts to obtain judicial relief, or
16        the petitioner has an immediate and pressing need for
17        possession of that property.
18    An emergency order may not include the counseling, legal
19custody, payment of support, or monetary compensation
20remedies.
21    (a-5) When a petition for an emergency order of protection
22is granted, the order and file shall not be public and shall
23only be accessible to the court, the petitioner, law
24enforcement, a domestic violence advocate or counselor, the
25counsel of record for either party, and the State's Attorney
26for the county until the order is served on the respondent.

 

 

HB1404- 52 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 53 -LRB103 25023 LNS 51357 b

1    the order into the Law Enforcement Agencies Data System by
2    the Illinois State Police pursuant to Section 302. Any
3    order issued under this Section and any documentation in
4    support thereof shall be certified on the next court day
5    to the appropriate court. The clerk of that court shall
6    immediately assign a case number, file the petition, order
7    and other documents with the court, and enter the order of
8    record and file it with the sheriff for service, in
9    accordance with Section 222. Filing the petition shall
10    commence proceedings for further relief under Section 202.
11    Failure to comply with the requirements of this subsection
12    shall not affect the validity of the order.
13(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;
14102-831, eff. 5-13-22; revised 7-29-22.)
 
15    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
16    Sec. 223. Enforcement of orders of protection.
17    (a) When violation is crime. A violation of any order of
18protection, whether issued in a civil or criminal proceeding
19or by a military tribunal, shall be enforced by a criminal
20court when:
21        (1) The respondent commits the crime of violation of
22    an order of protection pursuant to Section 12-3.4 or 12-30
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    by having knowingly violated:
25            (i) remedies described in paragraph paragraphs

 

 

HB1404- 54 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 55 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 56 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 57 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 58 -LRB103 25023 LNS 51357 b

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

 

 

HB1404- 59 -LRB103 25023 LNS 51357 b

1        of pretrial release on an underlying criminal charge
2        pursuant to Section 110-6 of the Code of Criminal
3        Procedure of 1963;
4            (ii) to revoke or modify an order of probation,
5        conditional discharge or supervision, pursuant to
6        Section 5-6-4 of the Unified Code of Corrections;
7            (iii) to revoke or modify a sentence of periodic
8        imprisonment, pursuant to Section 5-7-2 of the Unified
9        Code of Corrections.
10        (5) In addition to any other penalties, the court
11    shall impose an additional fine of $20 as authorized by
12    Section 5-9-1.11 of the Unified Code of Corrections upon
13    any person convicted of or placed on supervision for a
14    violation of an order of protection. The additional fine
15    shall be imposed for each violation of this Section.
16(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)