Full Text of HB5474 103rd General Assembly
HB5474 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5474 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: | | 750 ILCS 60/103 | from Ch. 40, par. 2311-3 |
| Amends the Illinois Domestic Violence Act of 1986. Includes "coercive control" in the definition of abuse. "Coercive control" is defined as a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty, including, but not limited to: (i) isolating a person from friends, relatives, or other sources of support; (ii) depriving a person of basic necessities; (iii) controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to services; or (iv) compelling a person by force, threat of force, or intimidation, including threats based on actual or suspected immigration status to engage in conduct from which the other person has a right to abstain or abstain from conduct in which the other person has a right to engage. |
| |
| | A BILL FOR |
| | | | HB5474 | | LRB103 39377 JRC 69545 b |
|
| 1 | | AN ACT concerning domestic violence. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 103 as follows: | 6 | | (750 ILCS 60/103) (from Ch. 40, par. 2311-3) | 7 | | Sec. 103. Definitions. For the purposes of this Act, the | 8 | | following terms shall have the following meanings: | 9 | | (1) "Abuse" means physical abuse, harassment, intimidation | 10 | | of a dependent, coercive control, interference with personal | 11 | | liberty , or willful deprivation but does not include | 12 | | reasonable direction of a minor child by a parent or person in | 13 | | loco parentis. | 14 | | (2) "Adult with disabilities" means an elder adult with | 15 | | disabilities or a high-risk adult with disabilities. A person | 16 | | may be an adult with disabilities for purposes of this Act even | 17 | | though he or she has never been adjudicated an incompetent | 18 | | adult. However, no court proceeding may be initiated or | 19 | | continued on behalf of an adult with disabilities over that | 20 | | adult's objection, unless such proceeding is approved by his | 21 | | or her legal guardian, if any. | 22 | | (2.1) "Coercive control" means a pattern of behavior that | 23 | | in purpose or effect unreasonably interferes with a person's |
| | | HB5474 | - 2 - | LRB103 39377 JRC 69545 b |
|
| 1 | | free will and personal liberty, including, but not limited to: | 2 | | (i) isolating a person from friends, relatives, or | 3 | | other sources of support; | 4 | | (ii) depriving a person of basic necessities; | 5 | | (iii) controlling, regulating, or monitoring a | 6 | | person's movements, communications, daily behavior, | 7 | | finances, economic resources, or access to services; or | 8 | | (iv) compelling a person by force, threat of force, or | 9 | | intimidation, including threats based on actual or | 10 | | suspected immigration status to engage in conduct from | 11 | | which the other person has a right to abstain or abstain | 12 | | from conduct in which the other person has a right to | 13 | | engage. | 14 | | (3) "Domestic violence" means abuse as defined in | 15 | | paragraph (1). | 16 | | (4) "Elder adult with disabilities" means an adult | 17 | | prevented by advanced age from taking appropriate action to | 18 | | protect himself or herself from abuse by a family or household | 19 | | member. | 20 | | (5) "Exploitation" means the illegal, including tortious, | 21 | | use of a high-risk adult with disabilities or of the assets or | 22 | | resources of a high-risk adult with disabilities. Exploitation | 23 | | includes, but is not limited to, the misappropriation of | 24 | | assets or resources of a high-risk adult with disabilities by | 25 | | undue influence, by breach of a fiduciary relationship, by | 26 | | fraud, deception, or extortion, or the use of such assets or |
| | | HB5474 | - 3 - | LRB103 39377 JRC 69545 b |
|
| 1 | | resources in a manner contrary to law. | 2 | | (6) "Family or household members" include spouses, former | 3 | | spouses, parents, children, stepchildren and other persons | 4 | | related by blood or by present or prior marriage, persons who | 5 | | share or formerly shared a common dwelling, persons who have | 6 | | or allegedly have a child in common, persons who share or | 7 | | allegedly share a blood relationship through a child, persons | 8 | | who have or have had a dating or engagement relationship, | 9 | | persons with disabilities and their personal assistants, and | 10 | | caregivers as defined in Section 12-4.4a of the Criminal Code | 11 | | of 2012. For purposes of this paragraph, neither a casual | 12 | | acquaintanceship nor ordinary fraternization between 2 | 13 | | individuals in business or social contexts shall be deemed to | 14 | | constitute a dating relationship. In the case of a high-risk | 15 | | adult with disabilities, "family or household members" | 16 | | includes any person who has the responsibility for a high-risk | 17 | | adult as a result of a family relationship or who has assumed | 18 | | responsibility for all or a portion of the care of a high-risk | 19 | | adult with disabilities voluntarily, or by express or implied | 20 | | contract, or by court order. | 21 | | (7) "Harassment" means knowing conduct which is not | 22 | | necessary to accomplish a purpose that is reasonable under the | 23 | | circumstances; would cause a reasonable person emotional | 24 | | distress; and does cause emotional distress to the petitioner. | 25 | | Unless the presumption is rebutted by a preponderance of the | 26 | | evidence, the following types of conduct shall be presumed to |
| | | HB5474 | - 4 - | LRB103 39377 JRC 69545 b |
|
| 1 | | cause emotional distress: | 2 | | (i) creating a disturbance at petitioner's place of | 3 | | employment or school; | 4 | | (ii) repeatedly telephoning petitioner's place of | 5 | | employment, home or residence; | 6 | | (iii) repeatedly following petitioner about in a | 7 | | public place or places; | 8 | | (iv) repeatedly keeping petitioner under surveillance | 9 | | by remaining present outside his or her home, school, | 10 | | place of employment, vehicle or other place occupied by | 11 | | petitioner or by peering in petitioner's windows; | 12 | | (v) improperly concealing a minor child from | 13 | | petitioner, repeatedly threatening to improperly remove a | 14 | | minor child of petitioner's from the jurisdiction or from | 15 | | the physical care of petitioner, repeatedly threatening to | 16 | | conceal a minor child from petitioner, or making a single | 17 | | such threat following an actual or attempted improper | 18 | | removal or concealment, unless respondent was fleeing an | 19 | | incident or pattern of domestic violence; or | 20 | | (vi) threatening physical force, confinement or | 21 | | restraint on one or more occasions. | 22 | | (8) "High-risk adult with disabilities" means a person | 23 | | aged 18 or over whose physical or mental disability impairs | 24 | | his or her ability to seek or obtain protection from abuse, | 25 | | neglect, or exploitation. | 26 | | (9) "Interference with personal liberty" means committing |
| | | HB5474 | - 5 - | LRB103 39377 JRC 69545 b |
|
| 1 | | or threatening physical abuse, harassment, intimidation or | 2 | | willful deprivation so as to compel another to engage in | 3 | | conduct from which she or he has a right to abstain or to | 4 | | refrain from conduct in which she or he has a right to engage. | 5 | | (10) "Intimidation of a dependent" means subjecting a | 6 | | person who is dependent because of age, health or disability | 7 | | to participation in or the witnessing of: physical force | 8 | | against another or physical confinement or restraint of | 9 | | another which constitutes physical abuse as defined in this | 10 | | Act, regardless of whether the abused person is a family or | 11 | | household member. | 12 | | (11) (A) "Neglect" means the failure to exercise that | 13 | | degree of care toward a high-risk adult with disabilities | 14 | | which a reasonable person would exercise under the | 15 | | circumstances and includes but is not limited to: | 16 | | (i) the failure to take reasonable steps to protect a | 17 | | high-risk adult with disabilities from acts of abuse; | 18 | | (ii) the repeated, careless imposition of unreasonable | 19 | | confinement; | 20 | | (iii) the failure to provide food, shelter, clothing, | 21 | | and personal hygiene to a high-risk adult with | 22 | | disabilities who requires such assistance; | 23 | | (iv) the failure to provide medical and rehabilitative | 24 | | care for the physical and mental health needs of a | 25 | | high-risk adult with disabilities; or | 26 | | (v) the failure to protect a high-risk adult with |
| | | HB5474 | - 6 - | LRB103 39377 JRC 69545 b |
|
| 1 | | disabilities from health and safety hazards. | 2 | | (B) Nothing in this subsection (10) shall be construed to | 3 | | impose a requirement that assistance be provided to a | 4 | | high-risk adult with disabilities over his or her objection in | 5 | | the absence of a court order, nor to create any new affirmative | 6 | | duty to provide support to a high-risk adult with | 7 | | disabilities. | 8 | | (12) "Order of protection" means an emergency order, | 9 | | interim order or plenary order, granted pursuant to this Act, | 10 | | which includes any or all of the remedies authorized by | 11 | | Section 214 of this Act. | 12 | | (13) "Petitioner" may mean not only any named petitioner | 13 | | for the order of protection and any named victim of abuse on | 14 | | whose behalf the petition is brought, but also any other | 15 | | person protected by this Act. | 16 | | (14) "Physical abuse" includes sexual abuse and means any | 17 | | of the following: | 18 | | (i) knowing or reckless use of physical force, | 19 | | confinement or restraint; | 20 | | (ii) knowing, repeated and unnecessary sleep | 21 | | deprivation; or | 22 | | (iii) knowing or reckless conduct which creates an | 23 | | immediate risk of physical harm. | 24 | | (14.5) "Stay away" means for the respondent to refrain | 25 | | from both physical presence and nonphysical contact with the | 26 | | petitioner whether direct, indirect (including, but not |
| | | HB5474 | - 7 - | LRB103 39377 JRC 69545 b |
|
| 1 | | limited to, telephone calls, mail, email, faxes, and written | 2 | | notes), or through third parties who may or may not know about | 3 | | the order of protection. | 4 | | (15) "Willful deprivation" means wilfully denying a person | 5 | | who because of age, health or disability requires medication, | 6 | | medical care, shelter, accessible shelter or services, food, | 7 | | therapeutic device, or other physical assistance, and thereby | 8 | | exposing that person to the risk of physical, mental or | 9 | | emotional harm, except with regard to medical care or | 10 | | treatment when the dependent person has expressed an intent to | 11 | | forgo such medical care or treatment. This paragraph does not | 12 | | create any new affirmative duty to provide support to | 13 | | dependent persons. | 14 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
|