Full Text of SB0044 103rd General Assembly
SB0044sam001 103RD GENERAL ASSEMBLY | Sen. Cristina H. Pacione-Zayas Filed: 3/3/2023
| | 10300SB0044sam001 | | LRB103 04765 RLC 58269 a |
|
| 1 | | AMENDMENT TO SENATE BILL 44
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 44 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 214 as follows:
| 6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 7 | | Sec. 214. Order of protection; remedies.
| 8 | | (a) Issuance of order. If the court finds that petitioner | 9 | | has been
abused by a family or household member or that | 10 | | petitioner is a high-risk
adult who has been abused, | 11 | | neglected, or exploited, as defined in this Act,
an order of | 12 | | protection prohibiting the abuse, neglect, or exploitation
| 13 | | shall issue; provided that petitioner must also satisfy the | 14 | | requirements of
one of the following Sections, as appropriate: | 15 | | Section 217 on emergency
orders, Section 218 on interim | 16 | | orders, or Section 219 on plenary orders.
Petitioner shall not |
| | | 10300SB0044sam001 | - 2 - | LRB103 04765 RLC 58269 a |
|
| 1 | | be denied an order of protection because petitioner or
| 2 | | respondent is a minor. The court, when determining whether or | 3 | | not to issue
an order of protection, shall not require | 4 | | physical manifestations of abuse
on the person of the victim. | 5 | | Modification and extension of prior
orders of protection shall | 6 | | be in accordance with this Act.
| 7 | | (b) Remedies and standards. The remedies to be included in | 8 | | an order of
protection shall be determined in accordance with | 9 | | this Section and one of
the following Sections, as | 10 | | appropriate: Section 217 on emergency orders,
Section 218 on | 11 | | interim orders, and Section 219 on plenary orders. The
| 12 | | remedies listed in this subsection shall be in addition to | 13 | | other civil or
criminal remedies available to petitioner.
| 14 | | (1) Prohibition of abuse, neglect, or exploitation. | 15 | | Prohibit
respondent's harassment, interference with | 16 | | personal liberty, intimidation
of a dependent, physical | 17 | | abuse, or willful deprivation, neglect or
exploitation, as | 18 | | defined in this Act, or stalking of the petitioner, as | 19 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if | 20 | | such abuse, neglect,
exploitation, or stalking has | 21 | | occurred or otherwise appears likely to occur if
not | 22 | | prohibited.
| 23 | | (2) Grant of exclusive possession of residence. | 24 | | Prohibit respondent from
entering or remaining in any | 25 | | residence, household, or premises of the petitioner,
| 26 | | including one owned or leased by respondent, if petitioner |
| | | 10300SB0044sam001 | - 3 - | LRB103 04765 RLC 58269 a |
|
| 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 |
| | | 10300SB0044sam001 | - 4 - | LRB103 04765 RLC 58269 a |
|
| 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 order of protection, or prohibit | 20 | | respondent from entering
or remaining present at | 21 | | petitioner's school, place of employment, or other
| 22 | | specified places at times when petitioner is present, or | 23 | | both, if
reasonable, given the balance of hardships. | 24 | | Hardships need not be balanced for
the court to enter a | 25 | | stay away order or prohibit entry if respondent has no
| 26 | | right to enter the premises.
|
| | | 10300SB0044sam001 | - 5 - | LRB103 04765 RLC 58269 a |
|
| 1 | | (A) If an order of protection grants petitioner | 2 | | exclusive possession
of the residence, or prohibits | 3 | | respondent from entering the residence,
or orders | 4 | | respondent to stay away from petitioner or other
| 5 | | protected persons, then the court may allow respondent | 6 | | access to the
residence to remove items of clothing | 7 | | and personal adornment
used exclusively by respondent, | 8 | | medications, and other items as the court
directs. The | 9 | | right to access shall be exercised on only one | 10 | | occasion as the
court directs and in the presence of an | 11 | | agreed-upon adult third party or law
enforcement | 12 | | 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 an | 16 | | order of protection and providing relief shall | 17 | | consider the severity of the act, any continuing | 18 | | physical danger or emotional distress to the | 19 | | petitioner, the educational rights guaranteed to the | 20 | | petitioner and respondent under federal and State law, | 21 | | the availability of a transfer of the respondent to | 22 | | 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 |
| | | 10300SB0044sam001 | - 6 - | LRB103 04765 RLC 58269 a |
|
| 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 |
| | | 10300SB0044sam001 | - 7 - | LRB103 04765 RLC 58269 a |
|
| 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.
In the | 6 | | event the court order results in a transfer of the | 7 | | minor respondent to another attendance center, a | 8 | | change in the respondent's placement, or a change of | 9 | | the respondent's program, the parents, guardian, or | 10 | | legal 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. In | 17 | | the event the court orders a transfer of the | 18 | | respondent to another school, the parents, guardian, | 19 | | or legal custodian of the respondent is responsible | 20 | | for 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, |
| | | 10300SB0044sam001 | - 8 - | LRB103 04765 RLC 58269 a |
|
| 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 a court finds, after a hearing, that respondent has | 19 | | committed abuse
(as defined in Section 103) of a minor | 20 | | child, there shall be a
rebuttable presumption that | 21 | | awarding physical care to respondent would not
be in the | 22 | | minor child's best interest.
| 23 | | (6) Temporary allocation of parental responsibilities: | 24 | | significant decision-making. Award temporary | 25 | | decision-making responsibility to petitioner
in accordance | 26 | | with this Section, the Illinois Marriage and Dissolution |
| | | 10300SB0044sam001 | - 9 - | LRB103 04765 RLC 58269 a |
|
| 1 | | of
Marriage Act, the Illinois Parentage Act of 2015, and | 2 | | this State's Uniform
Child-Custody Jurisdiction and | 3 | | Enforcement Act.
| 4 | | If a court finds, after a hearing, that respondent has | 5 | | committed abuse (as
defined in Section 103) of a minor | 6 | | child, there shall be a rebuttable
presumption that | 7 | | awarding temporary significant decision-making | 8 | | responsibility to respondent would not be in
the child's | 9 | | best interest.
| 10 | | (7) Parenting time. Determine the parenting time, if | 11 | | any, of respondent in
any case in which the court awards | 12 | | physical care or allocates temporary significant | 13 | | decision-making responsibility of
a minor child to | 14 | | petitioner. The court shall restrict or deny respondent's | 15 | | parenting time
with a minor child if the court finds that | 16 | | respondent has done or is
likely to do any of the | 17 | | following: (i) abuse or endanger the minor child during | 18 | | parenting time; (ii) use the parenting time as an | 19 | | opportunity to abuse or harass
petitioner or petitioner's | 20 | | family or household members; (iii) improperly
conceal or | 21 | | detain the minor child; or (iv) otherwise act in a manner | 22 | | that is
not in the best interests of the minor child. The | 23 | | court shall not be limited
by the standards set forth in | 24 | | Section 603.10 of the Illinois Marriage and
Dissolution of | 25 | | Marriage Act. If the court grants parenting time, the | 26 | | order shall
specify dates and times for the parenting time |
| | | 10300SB0044sam001 | - 10 - | LRB103 04765 RLC 58269 a |
|
| 1 | | to take place or other specific
parameters or conditions | 2 | | that are appropriate. No order for parenting time shall
| 3 | | refer merely to the term "reasonable parenting time".
| 4 | | Petitioner may deny respondent access to the minor | 5 | | child if, when
respondent arrives for parenting time, | 6 | | respondent is under the influence of drugs
or alcohol and | 7 | | constitutes a threat to the safety and well-being of
| 8 | | petitioner or petitioner's minor children or is behaving | 9 | | in a violent or
abusive manner.
| 10 | | If necessary to protect any member of petitioner's | 11 | | family or
household from future abuse, respondent shall be | 12 | | prohibited from coming to
petitioner's residence to meet | 13 | | the minor child for parenting time, and the
parties shall | 14 | | submit to the court their recommendations for reasonable
| 15 | | alternative arrangements for parenting time. A person may | 16 | | be approved to
supervise parenting time only after filing | 17 | | an affidavit accepting
that responsibility and | 18 | | acknowledging accountability to the court.
| 19 | | (8) Removal or concealment of minor child. Prohibit | 20 | | respondent from
removing a minor child from the State or | 21 | | concealing the child within the State.
| 22 | | (9) Order to appear. Order the respondent to appear in | 23 | | court, alone
or with a minor child, to prevent abuse, | 24 | | neglect, removal or concealment of
the child, to return | 25 | | the child to the custody or care of the petitioner or
to | 26 | | permit any court-ordered interview or examination of the |
| | | 10300SB0044sam001 | - 11 - | LRB103 04765 RLC 58269 a |
|
| 1 | | child or the
respondent.
| 2 | | (10) Possession of personal property. Grant petitioner | 3 | | exclusive
possession of personal property and, if | 4 | | respondent has possession or
control, direct respondent to | 5 | | promptly make it available to petitioner, if:
| 6 | | (i) petitioner, but not respondent, owns the | 7 | | property; or
| 8 | | (ii) the parties own the property jointly; sharing | 9 | | it would risk
abuse of petitioner by respondent or is | 10 | | impracticable; and the balance of
hardships favors | 11 | | temporary possession by petitioner.
| 12 | | If petitioner's sole claim to ownership of the | 13 | | property is that it is
marital property, the court may | 14 | | award petitioner temporary possession
thereof under the | 15 | | standards of subparagraph (ii) of this paragraph only if
a | 16 | | proper proceeding has been filed under the Illinois | 17 | | Marriage and
Dissolution of Marriage Act, as now or | 18 | | hereafter amended.
| 19 | | No order under this provision shall affect title to | 20 | | property.
| 21 | | (11) Protection of property. Forbid the respondent | 22 | | from taking,
transferring, encumbering, concealing, | 23 | | damaging or otherwise disposing of
any real or personal | 24 | | property, except as explicitly authorized by the
court, | 25 | | if:
| 26 | | (i) petitioner, but not respondent, owns the |
| | | 10300SB0044sam001 | - 12 - | LRB103 04765 RLC 58269 a |
|
| 1 | | property; or
| 2 | | (ii) the parties own the property jointly,
and the | 3 | | balance of hardships favors granting this remedy.
| 4 | | If petitioner's sole claim to ownership of the | 5 | | property is that it is
marital property, the court may | 6 | | grant petitioner relief under subparagraph
(ii) of this | 7 | | paragraph only if a proper proceeding has been filed under | 8 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 9 | | now or hereafter amended.
| 10 | | The court may further prohibit respondent from | 11 | | improperly using the
financial or other resources of an | 12 | | aged member of the family or household
for the profit or | 13 | | advantage of respondent or of any other person.
| 14 | | (11.5) Protection of animals. Grant the petitioner the | 15 | | exclusive care, custody, or control of any animal owned, | 16 | | possessed, leased, kept, or held by either the petitioner | 17 | | or the respondent or a minor child residing in the | 18 | | residence or household of either the petitioner or the | 19 | | respondent and order the respondent to stay away from the | 20 | | animal and forbid the respondent from taking, | 21 | | transferring, encumbering, concealing, harming, or | 22 | | otherwise disposing of the animal.
| 23 | | (12) Order for payment of support. Order respondent to | 24 | | pay temporary
support for the petitioner or any child in | 25 | | the petitioner's care or over whom the petitioner has been | 26 | | allocated parental responsibility, when the respondent has |
| | | 10300SB0044sam001 | - 13 - | LRB103 04765 RLC 58269 a |
|
| 1 | | a legal obligation to support that person,
in accordance | 2 | | with the Illinois Marriage and Dissolution
of Marriage | 3 | | Act, which shall govern, among other matters, the amount | 4 | | of
support, payment through the clerk and withholding of | 5 | | income to secure
payment. An order for child support may | 6 | | be granted to a petitioner with
lawful physical care of a | 7 | | child, or an order or agreement for
physical care of a | 8 | | child, prior to entry of an order allocating significant | 9 | | decision-making responsibility.
Such a support order shall | 10 | | expire upon entry of a valid order allocating parental | 11 | | responsibility differently and vacating the petitioner's | 12 | | significant decision-making authority, unless otherwise | 13 | | provided in the order.
| 14 | | (13) Order for payment of losses. Order respondent to | 15 | | pay petitioner for
losses suffered as a direct result of | 16 | | the abuse, neglect, or exploitation.
Such losses shall | 17 | | include, but not be limited to, medical expenses, lost
| 18 | | earnings or other support, repair or replacement of | 19 | | property damaged or taken,
reasonable attorney's fees, | 20 | | court costs and moving or other travel expenses,
including | 21 | | additional reasonable expenses for temporary shelter and | 22 | | restaurant
meals.
| 23 | | (i) Losses affecting family needs. If a party is | 24 | | entitled to seek
maintenance, child support or | 25 | | property distribution from the other party
under the | 26 | | Illinois Marriage and Dissolution of Marriage Act, as |
| | | 10300SB0044sam001 | - 14 - | LRB103 04765 RLC 58269 a |
|
| 1 | | now or
hereafter amended, the court may order | 2 | | respondent to reimburse petitioner's
actual losses, to | 3 | | the extent that such reimbursement would be | 4 | | "appropriate
temporary relief", as authorized by | 5 | | subsection (a)(3) of Section 501 of
that Act.
| 6 | | (ii) Recovery of expenses. In the case of an | 7 | | improper concealment
or removal of a minor child, the | 8 | | court may order respondent to pay the
reasonable | 9 | | expenses incurred or to be incurred in the search for | 10 | | and recovery
of the minor child, including but not | 11 | | limited to legal fees, court costs,
private | 12 | | investigator fees, and travel costs.
| 13 | | (14) Prohibition of entry. Prohibit the respondent | 14 | | from entering or
remaining in the residence or household | 15 | | while the respondent is under the
influence of alcohol or | 16 | | drugs and constitutes a threat to the safety and
| 17 | | well-being of the petitioner or the petitioner's children.
| 18 | | (14.5) Prohibition of firearm possession.
| 19 | | (a) Prohibit a respondent against whom an order of | 20 | | protection was issued from possessing any firearms | 21 | | during the duration of the order if the order: | 22 | | (1) (blank); was issued after a hearing of | 23 | | which such person received
actual notice, and at | 24 | | which such person had an opportunity to
| 25 | | participate; | 26 | | (2) restrains such person from abusing the |
| | | 10300SB0044sam001 | - 15 - | LRB103 04765 RLC 58269 a |
|
| 1 | | petitioner as defined in this Act harassing, | 2 | | stalking, or
threatening an intimate partner of | 3 | | such person or child of such
intimate partner or | 4 | | person, or engaging in other conduct that
would | 5 | | place an intimate partner in reasonable fear of | 6 | | bodily
injury to the partner or child; and | 7 | | (3)(i) includes a finding that such person | 8 | | represents a
credible threat to the physical | 9 | | safety of the petitioner such intimate partner
or | 10 | | child; or
(ii) by its terms explicitly prohibits | 11 | | the use, attempted
use, or threatened use of | 12 | | physical force against the petitioner such | 13 | | intimate
partner or child that would reasonably be | 14 | | expected to cause
bodily injury. | 15 | | (a-1) Except as provided in subparagraph (b), a | 16 | | Any Firearm Owner's Identification Card in the
| 17 | | possession of the respondent , except as provided in | 18 | | subsection (b), shall be ordered by the court to be | 19 | | turned
over to the local law enforcement agency and | 20 | | respondent shall be prohibited from acquiring or | 21 | | possessing any firearms for the duration of the order | 22 | | of protection . The local law enforcement agency shall | 23 | | immediately mail the card to the Illinois State Police | 24 | | Firearm Owner's Identification Card Office
for | 25 | | safekeeping. | 26 | | (a-2) Immediately upon entry of an order of |
| | | 10300SB0044sam001 | - 16 - | LRB103 04765 RLC 58269 a |
|
| 1 | | protection prohibiting firearm possession under this | 2 | | Section, the The court shall
issue a warrant for | 3 | | seizure of any firearm in the possession of the | 4 | | respondent, to be kept by the local law enforcement | 5 | | agency for safekeeping, except as provided in | 6 | | subsection (b).
Petitioner's general description of | 7 | | the firearm or firearms and their location shall be | 8 | | sufficient to support issuing a warrant. The period of | 9 | | safekeeping shall be for the duration of the order of | 10 | | protection. | 11 | | (a-3) Notwithstanding the issuance of a warrant | 12 | | under subparagraph (a-2), the respondent shall be | 13 | | ordered to immediately surrender any firearms to the | 14 | | appropriate law enforcement agency and prohibited from | 15 | | transferring firearms to another individual in lieu of | 16 | | surrender to law enforcement. | 17 | | (a-4) The relevant law enforcement agency shall | 18 | | provide a statement of receipt of any firearm seized | 19 | | or surrendered with a description of any firearm | 20 | | seized or surrendered to the respondent and the court. | 21 | | This statement of receipt shall be prima facie | 22 | | evidence of compliance with an order to surrender | 23 | | firearms. | 24 | | (a-5) The firearm or firearms and Firearm Owner's | 25 | | Identification Card, if unexpired, shall at the | 26 | | respondent's request, be returned to the respondent at |
| | | 10300SB0044sam001 | - 17 - | LRB103 04765 RLC 58269 a |
|
| 1 | | the end
of the order of protection. It is the | 2 | | respondent's responsibility to notify the Illinois | 3 | | State Police Firearm Owner's Identification Card | 4 | | Office.
| 5 | | (b) If the respondent is a peace officer as | 6 | | defined in Section 2-13 of
the
Criminal Code of 2012, | 7 | | the court shall order that any firearms used by the
| 8 | | respondent in the performance of his or her duties as a
| 9 | | peace officer be surrendered to
the chief law | 10 | | enforcement executive of the agency in which the | 11 | | respondent is
employed, who shall retain the firearms | 12 | | for safekeeping for the duration of the order of | 13 | | protection.
| 14 | | (c) Upon expiration of the period of safekeeping, | 15 | | if the firearms or Firearm Owner's Identification Card | 16 | | cannot be returned to respondent because respondent | 17 | | cannot be located, fails to respond to requests to | 18 | | retrieve the firearms, or is not lawfully eligible to | 19 | | possess a firearm, upon petition from the local law | 20 | | enforcement agency, the court may order the local law | 21 | | enforcement agency to destroy the firearms, use the | 22 | | firearms for training purposes, or for any other | 23 | | application as deemed appropriate by the local law | 24 | | enforcement agency; or that the firearms be turned | 25 | | over to a third party who is lawfully eligible to | 26 | | possess firearms, and who does not reside with |
| | | 10300SB0044sam001 | - 18 - | LRB103 04765 RLC 58269 a |
|
| 1 | | respondent. | 2 | | (14.6) Prohibition of firearm possession; emergency | 3 | | orders. Prohibit a respondent against whom an order of | 4 | | protection was issued from possessing any firearms during | 5 | | the duration of the order as set forth in paragraph (14.5) | 6 | | if the prerequisites in subsection (a) Section 217 are | 7 | | satisfied. | 8 | | (15) Prohibition of access to records. If an order of | 9 | | protection
prohibits respondent from having contact with | 10 | | the minor child,
or if petitioner's address is omitted | 11 | | under subsection (b) of
Section 203, or if necessary to | 12 | | prevent abuse or wrongful removal or
concealment of a | 13 | | minor child, the order shall deny respondent access to, | 14 | | and
prohibit respondent from inspecting, obtaining, or | 15 | | attempting to
inspect or obtain, school or any other | 16 | | records of the minor child
who is in the care of | 17 | | petitioner.
| 18 | | (16) Order for payment of shelter services. Order | 19 | | respondent to
reimburse a shelter providing temporary | 20 | | housing and counseling services to
the petitioner for the | 21 | | cost of the services, as certified by the shelter
and | 22 | | deemed reasonable by the court.
| 23 | | (17) Order for injunctive relief. Enter injunctive | 24 | | relief necessary
or appropriate to prevent further abuse | 25 | | of a family or household member
or further abuse, neglect, | 26 | | or exploitation of a high-risk adult with
disabilities or |
| | | 10300SB0044sam001 | - 19 - | LRB103 04765 RLC 58269 a |
|
| 1 | | to effectuate one of the granted remedies, if supported by | 2 | | the
balance of hardships. If the harm to be prevented by | 3 | | the injunction is abuse
or any other harm that one of the | 4 | | remedies listed in paragraphs (1) through
(16) of this | 5 | | subsection is designed to prevent, no further evidence is
| 6 | | necessary that the harm is an irreparable injury.
| 7 | | (18) Telephone services. | 8 | | (A) Unless a condition described in subparagraph | 9 | | (B) of this paragraph exists, the court may, upon | 10 | | request by the petitioner, order a wireless telephone | 11 | | service provider to transfer to the petitioner the | 12 | | right to continue to use a telephone number or numbers | 13 | | indicated by the petitioner and the financial | 14 | | responsibility associated with the number or numbers, | 15 | | as set forth in subparagraph (C) of this paragraph. | 16 | | For purposes of this paragraph (18), the term | 17 | | "wireless telephone service provider" means a provider | 18 | | of commercial mobile service as defined in 47 U.S.C. | 19 | | 332. The petitioner may request the transfer of each | 20 | | telephone number that the petitioner, or a minor child | 21 | | in his or her custody, uses. The clerk of the court | 22 | | shall serve the order on the wireless telephone | 23 | | service provider's agent for service of process | 24 | | provided to the Illinois Commerce Commission. The | 25 | | order shall contain all of the following: | 26 | | (i) The name and billing telephone number of |
| | | 10300SB0044sam001 | - 20 - | LRB103 04765 RLC 58269 a |
|
| 1 | | the account holder including the name of the | 2 | | wireless telephone service provider that serves | 3 | | the account. | 4 | | (ii) Each telephone number that will be | 5 | | transferred. | 6 | | (iii) A statement that the provider transfers | 7 | | to the petitioner all financial responsibility for | 8 | | and right to the use of any telephone number | 9 | | transferred under this paragraph. | 10 | | (B) A wireless telephone service provider shall | 11 | | terminate the respondent's use of, and shall transfer | 12 | | to the petitioner use of, the telephone number or | 13 | | numbers indicated in subparagraph (A) of this | 14 | | paragraph unless it notifies the petitioner, within 72 | 15 | | hours after it receives the order, that one of the | 16 | | following applies: | 17 | | (i) The account holder named in the order has | 18 | | terminated the account. | 19 | | (ii) A difference in network technology would | 20 | | prevent or impair the functionality of a device on | 21 | | a network if the transfer occurs. | 22 | | (iii) The transfer would cause a geographic or | 23 | | other limitation on network or service provision | 24 | | to the petitioner. | 25 | | (iv) Another technological or operational | 26 | | issue would prevent or impair the use of the |
| | | 10300SB0044sam001 | - 21 - | LRB103 04765 RLC 58269 a |
|
| 1 | | telephone number if the transfer occurs. | 2 | | (C) The petitioner assumes all financial | 3 | | responsibility for and right to the use of any | 4 | | telephone number transferred under this paragraph. In | 5 | | this paragraph, "financial responsibility" includes | 6 | | monthly service costs and costs associated with any | 7 | | mobile device associated with the number. | 8 | | (D) A wireless telephone service provider may | 9 | | apply to the petitioner its routine and customary | 10 | | requirements for establishing an account or | 11 | | transferring a number, including requiring the | 12 | | petitioner to provide proof of identification, | 13 | | financial information, and customer preferences.
| 14 | | (E) Except for willful or wanton misconduct, a | 15 | | wireless telephone service provider is immune from | 16 | | civil liability for its actions taken in compliance | 17 | | with a court order issued under this paragraph. | 18 | | (F) All wireless service providers that provide | 19 | | services to residential customers shall provide to the | 20 | | Illinois Commerce Commission the name and address of | 21 | | an agent for service of orders entered under this | 22 | | paragraph (18). Any change in status of the registered | 23 | | agent must be reported to the Illinois Commerce | 24 | | Commission within 30 days of such change. | 25 | | (G) The Illinois Commerce Commission shall | 26 | | maintain the list of registered agents for service for |
| | | 10300SB0044sam001 | - 22 - | LRB103 04765 RLC 58269 a |
|
| 1 | | each wireless telephone service provider on the | 2 | | Commission's website. The Commission may consult with | 3 | | wireless telephone service providers and the Circuit | 4 | | Court Clerks on the manner in which this information | 5 | | is provided and displayed. | 6 | | (c) Relevant factors; findings.
| 7 | | (1) In determining whether to grant a specific remedy, | 8 | | other than
payment of support, the court shall consider
| 9 | | relevant factors, including but not limited to the | 10 | | following:
| 11 | | (i) the nature, frequency, severity, pattern and | 12 | | consequences of the
respondent's past abuse, neglect | 13 | | or exploitation of the petitioner or
any family or | 14 | | household member, including the concealment of his or | 15 | | her
location in order to evade service of process or | 16 | | notice, and the likelihood of
danger of future abuse, | 17 | | neglect, or exploitation to petitioner or any member | 18 | | of
petitioner's or respondent's family or household; | 19 | | and
| 20 | | (ii) the danger that any minor child will be | 21 | | abused or neglected or
improperly relocated from the | 22 | | jurisdiction, improperly concealed within the
State or | 23 | | improperly separated from the child's primary | 24 | | caretaker.
| 25 | | (2) In comparing relative hardships resulting to the | 26 | | parties from loss
of possession of the family home, the |
| | | 10300SB0044sam001 | - 23 - | LRB103 04765 RLC 58269 a |
|
| 1 | | court shall consider relevant
factors, including but not | 2 | | limited to the following:
| 3 | | (i) availability, accessibility, cost, safety, | 4 | | adequacy, location and
other characteristics of | 5 | | alternate housing for each party and any minor child
| 6 | | or dependent adult in the party's care;
| 7 | | (ii) the effect on the party's employment; and
| 8 | | (iii) the effect on the relationship of the party, | 9 | | and any minor
child or dependent adult in the party's | 10 | | care, to family, school, church
and community.
| 11 | | (3) Subject to the exceptions set forth in paragraph | 12 | | (4) of this
subsection, the court shall make its findings | 13 | | in an official record or in
writing, and shall at a minimum | 14 | | set forth the following:
| 15 | | (i) That the court has considered the applicable | 16 | | relevant factors
described in paragraphs (1) and (2) | 17 | | of this subsection.
| 18 | | (ii) Whether the conduct or actions of respondent, | 19 | | unless
prohibited, will likely cause irreparable harm | 20 | | or continued abuse.
| 21 | | (iii) Whether it is necessary to grant the | 22 | | requested relief in order
to protect petitioner or | 23 | | other alleged abused persons.
| 24 | | (4) For purposes of issuing an ex parte emergency | 25 | | order of protection,
the court, as an alternative to or as | 26 | | a supplement to making the findings
described in |
| | | 10300SB0044sam001 | - 24 - | LRB103 04765 RLC 58269 a |
|
| 1 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this | 2 | | subsection, may
use the following procedure:
| 3 | | When a verified petition for an emergency order of | 4 | | protection in
accordance with the requirements of Sections | 5 | | 203 and 217 is
presented to the court, the court shall | 6 | | examine petitioner on oath or
affirmation. An emergency | 7 | | order of protection shall be issued by the court
if it | 8 | | appears from the contents of the petition and the | 9 | | examination of
petitioner that the averments are | 10 | | sufficient to indicate abuse by
respondent and to support | 11 | | the granting of relief under the issuance of the
emergency | 12 | | order of protection.
| 13 | | (5) Never married parties. No rights or | 14 | | responsibilities for a minor
child born outside of | 15 | | marriage attach to a putative father until a father and
| 16 | | child relationship has been established under the Illinois | 17 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 18 | | the Illinois Public Aid Code, Section 12 of the Vital | 19 | | Records Act, the
Juvenile Court Act of 1987, the Probate | 20 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | 21 | | Support Act, the Uniform Interstate Family Support
Act, | 22 | | the Expedited Child Support Act of 1990, any judicial, | 23 | | administrative, or
other act of another state or | 24 | | territory, any other Illinois statute, or by any
foreign | 25 | | nation establishing the father and child relationship, any | 26 | | other
proceeding substantially in conformity with the |
| | | 10300SB0044sam001 | - 25 - | LRB103 04765 RLC 58269 a |
|
| 1 | | Personal Responsibility and
Work Opportunity | 2 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where | 3 | | both
parties appeared in open court or at an | 4 | | administrative hearing acknowledging
under
oath or | 5 | | admitting by affirmation the existence of a father and | 6 | | child
relationship.
Absent such an adjudication, finding, | 7 | | or acknowledgment, no putative
father shall be granted
| 8 | | temporary allocation of parental responsibilities, | 9 | | including parenting time with the minor child, or
physical | 10 | | care and possession of the minor child, nor shall an order | 11 | | of payment
for support of the minor child be entered.
| 12 | | (d) Balance of hardships; findings. If the court finds | 13 | | that the balance
of hardships does not support the granting of | 14 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 15 | | subsection (b) of this Section,
which may require such | 16 | | balancing, the court's findings shall so
indicate and shall | 17 | | include a finding as to whether granting the remedy will
| 18 | | result in hardship to respondent that would substantially | 19 | | outweigh the hardship
to petitioner from denial of the remedy. | 20 | | The findings shall be an official
record or in writing.
| 21 | | (e) Denial of remedies. Denial of any remedy shall not be | 22 | | based, in
whole or in part, on evidence that:
| 23 | | (1) Respondent has cause for any use of force, unless | 24 | | that cause
satisfies the standards for justifiable use of | 25 | | force provided by Article
7 of the Criminal Code of 2012;
| 26 | | (2) Respondent was voluntarily intoxicated;
|
| | | 10300SB0044sam001 | - 26 - | LRB103 04765 RLC 58269 a |
|
| 1 | | (3) Petitioner acted in self-defense or defense of | 2 | | another, provided
that, if petitioner utilized force, such | 3 | | force was justifiable under
Article 7 of the Criminal Code | 4 | | of 2012;
| 5 | | (4) Petitioner did not act in self-defense or defense | 6 | | of another;
| 7 | | (5) Petitioner left the residence or household to | 8 | | avoid further abuse,
neglect, or exploitation by | 9 | | respondent;
| 10 | | (6) Petitioner did not leave the residence or | 11 | | household to avoid further
abuse, neglect, or exploitation | 12 | | by respondent;
| 13 | | (7) Conduct by any family or household member excused | 14 | | the abuse,
neglect, or exploitation by respondent, unless | 15 | | that same conduct would have
excused such abuse, neglect, | 16 | | or exploitation if the parties had not been
family or | 17 | | household members.
| 18 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 19 | | Section 10. The Firearm Owners Identification Card Act is | 20 | | amended by changing Section 9.5 as follows: | 21 | | (430 ILCS 65/9.5) | 22 | | Sec. 9.5. Revocation of Firearm Owner's Identification
| 23 | | Card. | 24 | | (a) A person who receives a revocation notice under |
| | | 10300SB0044sam001 | - 27 - | LRB103 04765 RLC 58269 a |
|
| 1 | | Section 9 of this Act shall, within 48 hours of receiving | 2 | | notice of the revocation: | 3 | | (1) surrender his or her Firearm Owner's | 4 | | Identification Card to the local law enforcement agency | 5 | | where the person resides or to the Illinois State Police; | 6 | | and | 7 | | (2) complete a Firearm Disposition Record on a form | 8 | | prescribed by the Illinois State Police and place his or | 9 | | her firearms in the location or with the person reported | 10 | | in the Firearm Disposition Record. The form shall require | 11 | | the person to disclose: | 12 | | (A) the make, model, and serial number of each | 13 | | firearm owned by or under the custody and control of | 14 | | the revoked person; | 15 | | (B) the location where each firearm will be | 16 | | maintained during the prohibited term; | 17 | | (C) if any firearm will be transferred to the | 18 | | custody of another person, the name, address and | 19 | | Firearm Owner's Identification Card number of the | 20 | | transferee; and | 21 | | (D) to whom his or her Firearm Owner's | 22 | | Identification Card was surrendered. | 23 | | Once completed, the person shall retain a copy and | 24 | | provide a copy of the Firearm Disposition Record to the | 25 | | Illinois State Police. | 26 | | (b) Upon confirming through the portal created under |
| | | 10300SB0044sam001 | - 28 - | LRB103 04765 RLC 58269 a |
|
| 1 | | Section 2605-304 of the Illinois State Police Law of the Civil | 2 | | Administrative Code of Illinois that the Firearm Owner's | 3 | | Identification Card has been revoked by the Illinois State | 4 | | Police, surrendered cards shall be destroyed by the law | 5 | | enforcement agency receiving the cards. If a card has not been | 6 | | revoked, the card shall be returned to the cardholder. | 7 | | (b-5) If a court orders the surrender of a Firearm | 8 | | Firearms Owner's Identification Card and accepts receipt of | 9 | | the Card, the court shall destroy the Card and direct the | 10 | | person whose Firearm Owner's Identification Card has been | 11 | | surrendered to comply with paragraph (2) of subsection (a). | 12 | | (b-10) If the person whose Firearm Owner's Identification | 13 | | Card has been revoked has either lost or destroyed the Card, | 14 | | the person must still comply with paragraph (2) of subsection | 15 | | (a). | 16 | | (b-15) A notation shall be made in the portal created | 17 | | under Section 2605-304 of the Illinois State Police Law of the | 18 | | Civil Administrative Code of Illinois that the revoked Firearm | 19 | | Owner's Identification Card has been destroyed. | 20 | | (c) If the person whose Firearm Owner's Identification | 21 | | Card has been revoked fails to comply with the requirements of | 22 | | this Section, the sheriff or law enforcement agency where the | 23 | | person resides may petition the circuit court to issue a | 24 | | warrant to search for and seize the Firearm Owner's | 25 | | Identification Card and firearms in the possession or under | 26 | | the custody or control of the person whose Firearm Owner's |
| | | 10300SB0044sam001 | - 29 - | LRB103 04765 RLC 58269 a |
|
| 1 | | Identification Card has been revoked. | 2 | | (d) A violation of subsection (a) of this Section is a | 3 | | Class A misdemeanor. | 4 | | (e) The observation of a Firearm Owner's Identification | 5 | | Card in the possession of a person whose Firearm Owner's | 6 | | Identification Card has been revoked constitutes a sufficient | 7 | | basis for the arrest of that person for violation of this | 8 | | Section. | 9 | | (f) Within 30 days after July 9, 2013 (the effective date | 10 | | of Public Act 98-63), the Illinois State Police shall provide | 11 | | written notice of the requirements of this Section to persons | 12 | | whose Firearm Owner's Identification Cards have been revoked, | 13 | | suspended, or expired and who have failed to surrender their | 14 | | cards to the Illinois State Police. | 15 | | (g) A person whose Firearm Owner's Identification Card has | 16 | | been revoked and who received notice under subsection (f) | 17 | | shall comply with the requirements of this Section within 48 | 18 | | hours of receiving notice.
| 19 | | Nothing in this Section shall supersede a court's | 20 | | authority to order remedies under paragraphs (14.5) and (14.6) | 21 | | of subsection (b) of Section 214 of the Illinois Domestic | 22 | | Violence Act of 1986, including, but not limited to, an order | 23 | | for surrender of a Firearm Owner's Identification Card, | 24 | | surrender of firearms, and issuance of a warrant for seizure | 25 | | of firearms. | 26 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| | | 10300SB0044sam001 | - 30 - | LRB103 04765 RLC 58269 a |
|
| 1 | | 102-813, eff. 5-13-22; revised 8-24-22.) | 2 | | Section 15. The Firearms Restraining Order Act is amended | 3 | | by changing Section 5 as follows: | 4 | | (430 ILCS 67/5) | 5 | | Sec. 5. Definitions.
As used in this Act: | 6 | | "Family member of the respondent" means a spouse, former | 7 | | spouse, person with whom the respondent has a minor child in | 8 | | common, parent, child, or step-child of the respondent, any | 9 | | other person related by blood or present marriage to the | 10 | | respondent, or a person who shares a common dwelling with the | 11 | | respondent. | 12 | | "Firearms restraining order" means an order issued by the | 13 | | court, prohibiting and enjoining a named person from having in | 14 | | his or her custody or control, purchasing, possessing, or | 15 | | receiving any firearms or ammunition, or removing firearm | 16 | | parts that could be assembled to make an operable firearm.
| 17 | | "Intimate partner" means a spouse, former spouse, a person | 18 | | with whom the respondent has or allegedly has a child in | 19 | | common, or a person with whom the respondent has or has had a | 20 | | dating or engagement relationship. | 21 | | "Petitioner" means: | 22 | | (1) a family member of the respondent as defined in | 23 | | this Act; or
| 24 | | (2) a law enforcement officer
who files a petition |
| | | 10300SB0044sam001 | - 31 - | LRB103 04765 RLC 58269 a |
|
| 1 | | alleging that the respondent poses a danger of causing | 2 | | personal injury to himself, herself, or another by having | 3 | | in his or her custody or control, purchasing, possessing, | 4 | | or receiving a firearm, ammunition, or firearm parts that | 5 | | could be assembled to make an operable firearm or removing | 6 | | firearm parts that could be assembled to make an operable | 7 | | firearm ; or . | 8 | | (3) intimate partner as defined in this Act. | 9 | | "Respondent" means the person alleged in the petition to | 10 | | pose a danger of causing personal injury to himself, herself, | 11 | | or another by having in his or her custody or control, | 12 | | purchasing, possessing, or receiving a firearm, ammunition, or | 13 | | firearm parts that could be assembled to make an operable | 14 | | firearm or removing firearm parts that could be assembled to | 15 | | make an operable firearm.
| 16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)".
|
|