Full Text of SB1034 97th General Assembly
SB1034enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Identification Act is amended by | 5 | | adding Section 2.2 as follows: | 6 | | (20 ILCS 2630/2.2 new) | 7 | | Sec. 2.2. Notification to the Department. Upon judgment of | 8 | | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | 9 | | 12-3.4, or 12-3.5 of the Criminal Code of 1961 when the
| 10 | | defendant has been determined, pursuant to Section 112A-11.1,
| 11 | | to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | 12 | | circuit court clerk shall
include notification and a copy of | 13 | | the written determination in a report
of the conviction to the | 14 | | Department of State Police Firearm Owner's Identification Card | 15 | | Office to
enable the office to perform its duties under | 16 | | Sections 4 and 8 of the Firearm Owners Identification Card Act | 17 | | and to report that determination to the Federal Bureau
of | 18 | | Investigation to assist the Bureau in identifying persons | 19 | | prohibited
from purchasing and possessing a firearm pursuant to | 20 | | the provisions of
18 U.S.C. 922. The written determination | 21 | | described in this Section shall be included in the defendant's | 22 | | record of arrest and conviction in the manner and form | 23 | | prescribed by the Department of State Police. |
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| 1 | | Section 10. The Mental Health and Developmental | 2 | | Disabilities Code is amended by adding Section 6-103.1 as | 3 | | follows: | 4 | | (405 ILCS 5/6-103.1 new) | 5 | | Sec. 6-103.1. Adjudication as a mental defective. When a | 6 | | person has been adjudicated as a mental defective as defined in | 7 | | Section 1.1 of the Firearm Owners Identification Card Act, the | 8 | | court shall direct
the circuit court clerk to immediately | 9 | | notify the
Department of State Police, Firearm Owner's | 10 | | Identification
(FOID) Office, in a form and manner prescribed | 11 | | by the Department of State Police, and shall forward a copy of | 12 | | the court order to the Department. | 13 | | Section 15. The Firearm Owners Identification Card Act is | 14 | | amended by changing Sections 2, 4, 6, 8, 8.1, 9, 10, 11, 13.2, | 15 | | and 14 as follows:
| 16 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 17 | | Sec. 2. Firearm Owner's Identification Card required; | 18 | | exceptions.
| 19 | | (a) (1) No person may acquire or possess any firearm, stun | 20 | | gun, or taser within this State
without having in his or | 21 | | her possession a Firearm Owner's Identification Card
| 22 | | previously issued in his or her name by the Department of |
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| 1 | | State Police under
the provisions of this Act.
| 2 | | (2) No person may acquire or possess firearm ammunition | 3 | | within this
State without having in his or her possession a | 4 | | Firearm Owner's Identification
Card previously issued in | 5 | | his or her name by the Department of State Police
under the | 6 | | provisions of this Act.
| 7 | | (b) The provisions of this Section regarding the possession | 8 | | of firearms, firearm ammunition, stun guns, and tasers do not | 9 | | apply to:
| 10 | | (1) United States Marshals, while engaged in the | 11 | | operation of their
official duties;
| 12 | | (2) Members of the Armed Forces of the United States or | 13 | | the National
Guard, while engaged in the operation of their | 14 | | official duties;
| 15 | | (3) Federal officials required to carry firearms, | 16 | | while engaged in the
operation of their official duties;
| 17 | | (4) Members of bona fide veterans organizations which | 18 | | receive firearms
directly from the armed forces of the | 19 | | United States, while using the
firearms for ceremonial | 20 | | purposes with blank ammunition;
| 21 | | (5) Nonresident hunters during hunting season, with | 22 | | valid nonresident
hunting licenses and while in an area | 23 | | where hunting is permitted; however,
at all other times and | 24 | | in all other places these persons must have their
firearms | 25 | | unloaded and enclosed in a case;
| 26 | | (6) Those hunters exempt from obtaining a hunting |
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| 1 | | license who are
required to submit their Firearm Owner's | 2 | | Identification Card when hunting
on Department of Natural | 3 | | Resources owned or managed sites;
| 4 | | (7) Nonresidents while on a firing or shooting range | 5 | | recognized by the
Department of State Police; however, | 6 | | these persons must at all other times
and in all other | 7 | | places have their firearms unloaded and enclosed in a case;
| 8 | | (8) Nonresidents while at a firearm showing or display | 9 | | recognized by
the Department of State Police; however, at | 10 | | all other times and in all
other places these persons must | 11 | | have their firearms unloaded and enclosed
in a case;
| 12 | | (9) Nonresidents whose firearms are unloaded and | 13 | | enclosed in a case;
| 14 | | (10) Nonresidents who are currently licensed or | 15 | | registered to possess a
firearm in their resident state;
| 16 | | (11) Unemancipated minors while in the custody and | 17 | | immediate control of
their parent or legal guardian or | 18 | | other person in loco parentis to the
minor if the parent or | 19 | | legal guardian or other person in loco parentis to
the | 20 | | minor has a currently valid Firearm Owner's Identification
| 21 | | Card;
| 22 | | (12) Color guards of bona fide veterans organizations | 23 | | or members of bona
fide American Legion bands while using | 24 | | firearms for ceremonial purposes
with blank ammunition;
| 25 | | (13) Nonresident hunters whose state of residence does | 26 | | not require
them to be licensed or registered to possess a |
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| 1 | | firearm and only during
hunting season, with valid hunting | 2 | | licenses, while accompanied by, and
using a firearm owned | 3 | | by, a person who possesses a valid Firearm Owner's
| 4 | | Identification Card and while in an area within a | 5 | | commercial club licensed
under the Wildlife Code where | 6 | | hunting is permitted and controlled, but in
no instance | 7 | | upon sites owned or managed by the Department of Natural
| 8 | | Resources;
| 9 | | (14) Resident hunters who are properly authorized to | 10 | | hunt and,
while accompanied by a person who possesses a | 11 | | valid Firearm Owner's
Identification Card, hunt in an area | 12 | | within a commercial club licensed
under the Wildlife Code | 13 | | where hunting is permitted and controlled;
| 14 | | (15) A person who is otherwise eligible to obtain a | 15 | | Firearm Owner's
Identification Card under this Act and is | 16 | | under the direct supervision of a
holder of a Firearm
| 17 | | Owner's Identification Card who is 21 years of age or older | 18 | | while the person is
on a firing or shooting range
or is a
| 19 | | participant in a firearms safety and training course | 20 | | recognized by a law
enforcement agency or a national, | 21 | | statewide shooting sports organization; and
| 22 | | (16) Competitive shooting athletes whose competition | 23 | | firearms are sanctioned by the International Olympic | 24 | | Committee, the International Paralympic Committee, the | 25 | | International Shooting Sport Federation, or USA Shooting | 26 | | in connection with such athletes' training for and |
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| 1 | | participation in shooting competitions at the 2016 Olympic | 2 | | and Paralympic Games and sanctioned test events leading up | 3 | | to the 2016 Olympic and Paralympic Games. | 4 | | (c) The provisions of this Section regarding the | 5 | | acquisition and possession
of firearms, firearm ammunition, | 6 | | stun guns, and tasers do not apply to law enforcement officials
| 7 | | of this or any other jurisdiction, while engaged in the | 8 | | operation of their
official duties.
| 9 | | (d) Any person who becomes a resident of this State, who is | 10 | | not otherwise prohibited from obtaining, possessing, or using a | 11 | | firearm or firearm ammunition, shall not be required to have a | 12 | | Firearm Owner's Identification Card to possess firearms or | 13 | | firearms ammunition until 60 calendar days after he or she | 14 | | obtains an Illinois driver's license or Illinois | 15 | | Identification Card. | 16 | | (Source: P.A. 96-7, eff. 4-3-09.)
| 17 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 18 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 19 | | Identification Card must:
| 20 | | (1) Make application on blank forms prepared and | 21 | | furnished at convenient
locations throughout the State by | 22 | | the Department of State Police, or by
electronic means, if | 23 | | and when made available by the Department of State
Police; | 24 | | and
| 25 | | (2) Submit evidence to the Department of State Police |
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| 1 | | that:
| 2 | | (i) He or she is 21 years of age or over, or if he | 3 | | or she is under 21
years of age that he or she has the | 4 | | written consent of his or her parent or
legal guardian | 5 | | to possess and acquire firearms and firearm ammunition | 6 | | and that
he or she has never been convicted of a | 7 | | misdemeanor other than a traffic
offense or adjudged
| 8 | | delinquent, provided, however, that such parent or | 9 | | legal guardian is not an
individual prohibited from | 10 | | having a Firearm Owner's Identification Card and
files | 11 | | an affidavit with the Department as prescribed by the | 12 | | Department
stating that he or she is not an individual | 13 | | prohibited from having a Card;
| 14 | | (ii) He or she has not been convicted of a felony | 15 | | under the laws of
this or any other jurisdiction;
| 16 | | (iii) He or she is not addicted to narcotics;
| 17 | | (iv) He or she has not been a patient in a mental | 18 | | institution within
the past 5 years and he or she has | 19 | | not been adjudicated as a mental defective;
| 20 | | (v) He or she is not intellectually disabled;
| 21 | | (vi) He or she is not an alien who is unlawfully | 22 | | present in the
United States under the laws of the | 23 | | United States;
| 24 | | (vii) He or she is not subject to an existing order | 25 | | of protection
prohibiting him or her from possessing a | 26 | | firearm;
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| 1 | | (viii) He or she has not been convicted within the | 2 | | past 5 years of
battery, assault, aggravated assault, | 3 | | violation of an order of
protection, or a substantially | 4 | | similar offense in another jurisdiction, in
which a | 5 | | firearm was used or possessed;
| 6 | | (ix) He or she has not been convicted of domestic | 7 | | battery, aggravated domestic battery, or a
| 8 | | substantially similar offense in another
jurisdiction | 9 | | committed before, on or after January 1, 2012 ( the | 10 | | effective date of Public Act 97-158). If the applicant | 11 | | knowingly and intelligently waives the right to have an | 12 | | offense described in this clause (ix) tried by a jury, | 13 | | and by guilty plea or otherwise, results in a | 14 | | conviction for an offense in which a domestic | 15 | | relationship is not a required element of the offense | 16 | | but in which a determination of the applicability of 18 | 17 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 18 | | Code of Criminal Procedure of 1963, an entry by the | 19 | | court of a judgment of conviction for that offense | 20 | | shall be grounds for denying the issuance of a Firearm | 21 | | Owner's Identification Card under this Section this | 22 | | amendatory Act
of the 97th General Assembly ;
| 23 | | (x) (Blank);
| 24 | | (xi) He or she is not an alien who has been | 25 | | admitted to the United
States under a non-immigrant | 26 | | visa (as that term is defined in Section
101(a)(26) of |
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| 1 | | the Immigration and Nationality Act (8 U.S.C. | 2 | | 1101(a)(26))),
or that he or she is an alien who has | 3 | | been lawfully admitted to the United
States under a | 4 | | non-immigrant visa if that alien is:
| 5 | | (1) admitted to the United States for lawful | 6 | | hunting or sporting
purposes;
| 7 | | (2) an official representative of a foreign | 8 | | government who is:
| 9 | | (A) accredited to the United States | 10 | | Government or the Government's
mission to an | 11 | | international organization having its | 12 | | headquarters in the United
States; or
| 13 | | (B) en route to or from another country to | 14 | | which that alien is
accredited;
| 15 | | (3) an official of a foreign government or | 16 | | distinguished foreign
visitor who has been so | 17 | | designated by the Department of State;
| 18 | | (4) a foreign law enforcement officer of a | 19 | | friendly foreign
government entering the United | 20 | | States on official business; or
| 21 | | (5) one who has received a waiver from the | 22 | | Attorney General of the
United States pursuant to | 23 | | 18 U.S.C. 922(y)(3);
| 24 | | (xii) He or she is not a minor subject to a | 25 | | petition filed
under Section 5-520 of the Juvenile | 26 | | Court Act of 1987 alleging that the
minor is a |
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| 1 | | delinquent minor for the commission of an offense that | 2 | | if
committed by an adult would be a felony; and
| 3 | | (xiii) He or she is not an adult who had been | 4 | | adjudicated a delinquent
minor under the Juvenile | 5 | | Court Act of 1987 for the commission of an offense
that | 6 | | if committed by an adult would be a felony; and
| 7 | | (xiv) He or she is a resident of the State of | 8 | | Illinois; and
| 9 | | (3) Upon request by the Department of State Police, | 10 | | sign a release on a
form prescribed by the Department of | 11 | | State Police waiving any right to
confidentiality and | 12 | | requesting the disclosure to the Department of State Police
| 13 | | of limited mental health institution admission information | 14 | | from another state,
the District of Columbia, any other | 15 | | territory of the United States, or a
foreign nation | 16 | | concerning the applicant for the sole purpose of | 17 | | determining
whether the applicant is or was a patient in a | 18 | | mental health institution and
disqualified because of that | 19 | | status from receiving a Firearm Owner's
Identification | 20 | | Card. No mental health care or treatment records may be
| 21 | | requested. The information received shall be destroyed | 22 | | within one year of
receipt.
| 23 | | (a-5) Each applicant for a Firearm Owner's Identification | 24 | | Card who is over
the age of 18 shall furnish to the Department | 25 | | of State Police either his or
her Illinois driver's license | 26 | | number or Illinois Identification Card number , except as
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| 1 | | provided in subsection (a-10) .
| 2 | | (a-10) Each applicant for a Firearm Owner's Identification | 3 | | Card,
who is employed as a law enforcement officer, an armed | 4 | | security officer in Illinois, or by the United States Military
| 5 | | permanently assigned in Illinois at a nuclear energy,
storage, | 6 | | weapons, or development facility regulated by the Nuclear
| 7 | | Regulatory Commission and who is not an Illinois resident, | 8 | | shall furnish to
the Department of State Police his or her | 9 | | driver's license number or state
identification card number | 10 | | from his or her state of residence. The Department
of State | 11 | | Police may promulgate rules to enforce the provisions of this
| 12 | | subsection (a-10).
| 13 | | (a-15) If an applicant applying for a Firearm Owner's | 14 | | Identification Card moves from the residence address named in | 15 | | the application, he or she shall immediately notify in a form | 16 | | and manner prescribed by the Department of State Police of that | 17 | | change of address. | 18 | | (a-20) Each applicant for a Firearm Owner's Identification | 19 | | Card shall furnish to the Department of State Police his or her | 20 | | photograph. An applicant who is 21 years of age or older | 21 | | seeking a religious exemption to the photograph requirement | 22 | | must furnish with the application an approved copy of United | 23 | | States Department of the Treasury Internal Revenue Service Form | 24 | | 4029. In lieu of a photograph, an applicant regardless of age | 25 | | seeking a religious exemption to the photograph requirement | 26 | | shall submit fingerprints on a form and manner prescribed by |
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| 1 | | the Department with his or her application. | 2 | | (b) Each application form shall include the following | 3 | | statement printed in
bold type: "Warning: Entering false | 4 | | information on an application for a Firearm
Owner's | 5 | | Identification Card is punishable as a Class 2 felony in | 6 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 7 | | Owners Identification Card
Act.".
| 8 | | (c) Upon such written consent, pursuant to Section 4, | 9 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 10 | | consent shall be liable for any
damages resulting from the | 11 | | applicant's use of firearms or firearm ammunition.
| 12 | | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised | 13 | | 10-4-11.)
| 14 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| 15 | | Sec. 6. Contents of Firearm Owner's Identification Card.
| 16 | | (a) A Firearm Owner's Identification Card, issued by the | 17 | | Department of
State Police at such places as the Director of | 18 | | the
Department shall
specify, shall contain the applicant's | 19 | | name, residence, date of birth, sex,
physical description, | 20 | | recent photograph , except as provided in subsection (c-5), and | 21 | | signature. Each Firearm Owner's
Identification Card must have | 22 | | the expiration date boldly and conspicuously
displayed on the | 23 | | face of the card. Each Firearm Owner's
Identification Card must | 24 | | have printed on it the following: "CAUTION - This
card does not | 25 | | permit bearer to UNLAWFULLY carry or use firearms."
Before |
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| 1 | | December 1, 2002,
the Department may use a person's digital | 2 | | photograph and signature from his or
her
Illinois driver's | 3 | | license or Illinois Identification Card, if available. On
and | 4 | | after December 1, 2002,
the Department shall use a person's | 5 | | digital photograph and signature from his
or her
Illinois | 6 | | driver's license or Illinois Identification Card, if | 7 | | available. The
Department shall decline to use a person's | 8 | | digital photograph or signature if
the digital photograph or | 9 | | signature is the result of or associated with
fraudulent or | 10 | | erroneous data, unless otherwise provided by law.
| 11 | | (b) A person applying for a Firearm Owner's Identification | 12 | | Card shall
consent
to the Department of State Police using the | 13 | | applicant's digital driver's
license
or Illinois | 14 | | Identification Card photograph, if available, and signature on | 15 | | the
applicant's
Firearm Owner's Identification Card. The | 16 | | Secretary
of State shall allow the Department of State Police | 17 | | access to the photograph
and signature for the purpose of | 18 | | identifying the applicant and issuing to the
applicant a
| 19 | | Firearm Owner's Identification Card.
| 20 | | (c) The Secretary of State shall conduct a study to | 21 | | determine the cost
and
feasibility of creating a method of | 22 | | adding an identifiable code, background, or
other means on the | 23 | | driver's license or Illinois Identification Card to show
that
| 24 | | an individual is not disqualified from owning or possessing a | 25 | | firearm under
State or federal law. The Secretary shall report | 26 | | the findings of this study
12 months after the effective date |
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| 1 | | of this amendatory Act of the 92nd General
Assembly.
| 2 | | (c-5) If a person qualifies for a photograph exemption, in | 3 | | lieu of a photograph, the Firearm Owner's Identification Card | 4 | | shall contain a copy of the card holder's fingerprints. Each | 5 | | Firearm Owner's Identification Card described in this | 6 | | subsection (c-5) must have printed on it the following: "This | 7 | | card is only valid for firearm purchases through a federally | 8 | | licensed firearms dealer when presented with photographic | 9 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | 10 | | (Source: P.A. 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.)
| 11 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 12 | | Sec. 8. The Department of State Police has authority to | 13 | | deny an
application for or to revoke and seize a Firearm | 14 | | Owner's Identification
Card previously issued under this Act | 15 | | only if the Department finds that the
applicant or the person | 16 | | to whom such card was issued is or was at the time
of issuance:
| 17 | | (a) A person under 21 years of age who has been convicted | 18 | | of a
misdemeanor other than a traffic offense or adjudged | 19 | | delinquent;
| 20 | | (b) A person under 21 years of age who does not have the | 21 | | written consent
of his parent or guardian to acquire and | 22 | | possess firearms and firearm
ammunition, or whose parent or | 23 | | guardian has revoked such written consent,
or where such parent | 24 | | or guardian does not qualify to have a Firearm Owner's
| 25 | | Identification Card;
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| 1 | | (c) A person convicted of a felony under the laws of this | 2 | | or any other
jurisdiction;
| 3 | | (d) A person addicted to narcotics;
| 4 | | (e) A person who has been a patient of a mental institution | 5 | | within the
past 5 years or has been adjudicated as a mental | 6 | | defective;
| 7 | | (f) A person whose mental condition is of such a nature | 8 | | that it poses
a clear and present danger to the applicant, any | 9 | | other person or persons or
the community;
| 10 | | For the purposes of this Section, "mental condition" means | 11 | | a state of
mind manifested by violent, suicidal, threatening or | 12 | | assaultive behavior.
| 13 | | (g) A person who is intellectually disabled;
| 14 | | (h) A person who intentionally makes a false statement in | 15 | | the Firearm
Owner's Identification Card application;
| 16 | | (i) An alien who is unlawfully present in
the United States | 17 | | under the laws of the United States;
| 18 | | (i-5) An alien who has been admitted to the United States | 19 | | under a
non-immigrant visa (as that term is defined in Section | 20 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 21 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 22 | | to any alien who has been lawfully admitted to
the United | 23 | | States under a non-immigrant visa if that alien is:
| 24 | | (1) admitted to the United States for lawful hunting or | 25 | | sporting purposes;
| 26 | | (2) an official representative of a foreign government |
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| 1 | | who is:
| 2 | | (A) accredited to the United States Government or | 3 | | the Government's
mission to an international | 4 | | organization having its headquarters in the United
| 5 | | States; or
| 6 | | (B) en route to or from another country to which | 7 | | that alien is
accredited;
| 8 | | (3) an official of a foreign government or | 9 | | distinguished foreign visitor
who has been so designated by | 10 | | the Department of State;
| 11 | | (4) a foreign law enforcement officer of a friendly | 12 | | foreign government
entering the United States on official | 13 | | business; or
| 14 | | (5) one who has received a waiver from the Attorney | 15 | | General of the United
States pursuant to 18 U.S.C. | 16 | | 922(y)(3);
| 17 | | (j) (Blank);
| 18 | | (k) A person who has been convicted within the past 5 years | 19 | | of battery,
assault, aggravated assault, violation of an order | 20 | | of protection, or a
substantially similar offense in another | 21 | | jurisdiction, in which a firearm was
used or possessed;
| 22 | | (l) A person who has been convicted of domestic battery, | 23 | | aggravated domestic battery, or a substantially
similar | 24 | | offense in another jurisdiction committed before, on or after | 25 | | January 1, 2012 ( the effective date of Public Act 97-158). If | 26 | | the applicant or person who has been previously issued a |
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| 1 | | Firearm Owner's Identification Card under this Act knowingly | 2 | | and intelligently waives the right to have an offense described | 3 | | in this paragraph (l) tried by a jury, and by guilty plea or | 4 | | otherwise, results in a conviction for an offense in which a | 5 | | domestic relationship is not a required element of the offense | 6 | | but in which a determination of the applicability of 18 U.S.C. | 7 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 8 | | Criminal Procedure of 1963, an entry by the court of a judgment | 9 | | of conviction for that offense shall be grounds for denying an | 10 | | application for and for revoking and seizing a Firearm Owner's | 11 | | Identification Card previously issued to the person under this | 12 | | Act this amendatory Act of the 97th General Assembly ;
| 13 | | (m) (Blank);
| 14 | | (n) A person who is prohibited from acquiring or possessing
| 15 | | firearms or firearm ammunition by any Illinois State statute or | 16 | | by federal
law;
| 17 | | (o) A minor subject to a petition filed under Section 5-520 | 18 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 19 | | delinquent minor for
the commission of an offense that if | 20 | | committed by an adult would be a felony;
or
| 21 | | (p) An adult who had been adjudicated a delinquent minor | 22 | | under the Juvenile
Court Act of 1987 for the commission of an | 23 | | offense that if committed by an
adult would be a felony ; or .
| 24 | | (q) A person who is not a resident of the State of | 25 | | Illinois, except as provided in subsection (a-10) of Section 4. | 26 | | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, |
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| 1 | | eff. 1-1-12; revised 10-4-11.)
| 2 | | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| 3 | | Sec. 8.1. Circuit Clerk to notify Department of State | 4 | | Police.
| 5 | | (a) The Circuit Clerk shall, in the form and manner | 6 | | required by the
Supreme Court, notify the Department of State | 7 | | Police of all final dispositions
of cases for which the | 8 | | Department has received information reported to it under
| 9 | | Sections Section 2.1 and 2.2 of the Criminal Identification | 10 | | Act.
| 11 | | (b) Upon adjudication of any individual as a mental | 12 | | defective, as defined in Section 1.1 or as provided in | 13 | | paragraph (3.5) of subsection (c) of Section 104-26 of the Code | 14 | | of Criminal Procedure of 1963 , the court shall direct the | 15 | | circuit court clerk to immediately notify the Department of | 16 | | State Police, Firearm Owner's Identification (FOID) | 17 | | department, and shall forward a copy of the court order to the | 18 | | Department.
| 19 | | (Source: P.A. 95-581, eff. 6-1-08 .)
| 20 | | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| 21 | | Sec. 9.
Every person whose application for a Firearm | 22 | | Owner's Identification
Card is denied, and every holder of such | 23 | | a Card whose before his Card is revoked
or seized, shall | 24 | | receive a written notice from the Department of State
Police |
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| 1 | | stating specifically the grounds upon which
his application has
| 2 | | been denied or upon which his Identification Card has been | 3 | | revoked.
| 4 | | (Source: P.A. 84-25.)
| 5 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 6 | | Sec. 10. Appeal to director; hearing; relief from firearm | 7 | | prohibitions. | 8 | | (a) Whenever an application for a Firearm Owner's | 9 | | Identification
Card is denied, whenever the Department fails to | 10 | | act on an application
within 30 days of its receipt, or | 11 | | whenever such a Card is revoked or seized
as provided for in | 12 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 13 | | Director of the Department of State Police for a hearing upon
| 14 | | such denial, revocation or seizure, unless the denial, | 15 | | revocation, or seizure
was based upon a forcible felony, | 16 | | stalking, aggravated stalking, domestic
battery, any violation | 17 | | of the Illinois Controlled Substances Act, the Methamphetamine | 18 | | Control and Community Protection Act, or the
Cannabis Control | 19 | | Act that is classified as a Class 2 or greater felony,
any
| 20 | | felony violation of Article 24 of the Criminal Code of 1961, or | 21 | | any
adjudication as a delinquent minor for the commission of an
| 22 | | offense that if committed by an adult would be a felony, in | 23 | | which case the
aggrieved party may petition the circuit court | 24 | | in writing in the county of
his or her residence for a hearing | 25 | | upon such denial, revocation, or seizure.
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| 1 | | (b) At least 30 days before any hearing in the circuit | 2 | | court, the
petitioner shall serve the
relevant State's Attorney | 3 | | with a copy of the petition. The State's Attorney
may object to | 4 | | the petition and present evidence. At the hearing the court
| 5 | | shall
determine whether substantial justice has been done. | 6 | | Should the court
determine that substantial justice has not | 7 | | been done, the court shall issue an
order directing the | 8 | | Department of State Police to issue a Card. However, the court | 9 | | shall not issue the order if the petitioner is otherwise | 10 | | prohibited from obtaining, possessing, or using a firearm under
| 11 | | federal law.
| 12 | | (c) Any person prohibited from possessing a firearm under | 13 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | 14 | | acquiring a Firearm Owner's
Identification Card under Section 8 | 15 | | of this Act may apply to
the Director
of the Department of | 16 | | State Police
or petition the circuit court in the county where | 17 | | the petitioner resides,
whichever is applicable in accordance | 18 | | with subsection (a) of this Section,
requesting relief
from | 19 | | such prohibition and the Director or court may grant such | 20 | | relief if it
is
established by the applicant to the court's or | 21 | | Director's satisfaction
that:
| 22 | | (0.05) when in the circuit court, the State's Attorney | 23 | | has been served
with a written
copy of the
petition at | 24 | | least 30 days before any such hearing in the circuit court | 25 | | and at
the hearing the
State's Attorney was afforded an | 26 | | opportunity to present evidence and object to
the petition;
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| 1 | | (1) the applicant has not been convicted of a forcible | 2 | | felony under the
laws of this State or any other | 3 | | jurisdiction within 20 years of the
applicant's | 4 | | application for a Firearm Owner's Identification Card, or | 5 | | at
least 20 years have passed since the end of any period | 6 | | of imprisonment
imposed in relation to that conviction;
| 7 | | (2) the circumstances regarding a criminal conviction, | 8 | | where applicable,
the applicant's criminal history and his | 9 | | reputation are such that the applicant
will not be likely | 10 | | to act in a manner dangerous to public safety; and
| 11 | | (3) granting relief would not be contrary to the public | 12 | | interest ; and | 13 | | (4) granting relief would not be contrary to federal | 14 | | law .
| 15 | | | 16 | | (d) When a minor is adjudicated delinquent for an offense | 17 | | which if
committed by an adult would be a felony, the court | 18 | | shall notify the Department
of State Police.
| 19 | | (e) The court shall review the denial of an application or | 20 | | the revocation of
a Firearm Owner's Identification Card of a | 21 | | person who has been adjudicated
delinquent for an offense that | 22 | | if
committed by an adult would be a felony if an
application | 23 | | for relief has been filed at least 10 years after the | 24 | | adjudication
of delinquency and the court determines that the | 25 | | applicant should be
granted relief from disability to obtain a | 26 | | Firearm Owner's Identification Card.
If the court grants |
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| 1 | | relief, the court shall notify the Department of State
Police | 2 | | that the disability has
been removed and that the applicant is | 3 | | eligible to obtain a Firearm Owner's
Identification Card.
| 4 | | (f) Any person who is subject to the disabilities of 18 | 5 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 6 | | of 1968 because of an adjudication or commitment that occurred | 7 | | under the laws of this State or who was determined to be | 8 | | subject to the provisions of subsections (e), (f), or (g) of | 9 | | Section 8 of this Act may apply to the Department of State | 10 | | Police requesting relief from that prohibition. The Director | 11 | | shall grant the relief if it is established by a preponderance | 12 | | of the evidence that the person will not be likely to act in a | 13 | | manner dangerous to public safety and that granting relief | 14 | | would not be contrary to the public interest. In making this | 15 | | determination, the Director shall receive evidence concerning | 16 | | (i) the circumstances regarding the firearms disabilities from | 17 | | which relief is sought; (ii) the petitioner's mental health and | 18 | | criminal history records, if any; (iii) the petitioner's | 19 | | reputation, developed at a minimum through character witness | 20 | | statements, testimony, or other character evidence; and (iv) | 21 | | changes in the petitioner's condition or circumstances since | 22 | | the disqualifying events relevant to the relief sought. If | 23 | | relief is granted under this subsection or by order of a court | 24 | | under this Section, the Director shall as soon as practicable | 25 | | but in no case later than 15 business days, update, correct, | 26 | | modify, or remove the person's record in any database that the |
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| 1 | | Department of State Police makes available to the National | 2 | | Instant Criminal Background Check System and notify the United | 3 | | States Attorney General that the basis for the record being | 4 | | made available no longer applies. The Department of State | 5 | | Police shall adopt rules for the administration of this | 6 | | subsection (f). Any person who is prohibited from possessing a | 7 | | firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal | 8 | | Gun Control Act of 1968 may apply to the Department of State | 9 | | Police requesting relief from such prohibition and the Director | 10 | | shall grant such relief if it is established to the Director's | 11 | | satisfaction that the person will not be likely to act in a | 12 | | manner dangerous to public safety and granting relief would not | 13 | | be contrary to the public interest. | 14 | | (Source: P.A. 96-1368, eff. 7-28-10.)
| 15 | | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| 16 | | Sec. 11. Judicial review of final administrative | 17 | | decisions. | 18 | | (a) All final administrative decisions of the Department | 19 | | under this
Act , except final administrative decisions of the | 20 | | Director of State Police to deny a person's application for | 21 | | relief under subsection (f) of Section 10 of this Act, shall be | 22 | | subject to judicial review under the provisions of the | 23 | | Administrative
Review Law, and all amendments and
| 24 | | modifications thereof, and the rules adopted pursuant thereto. | 25 | | The term
"administrative decision" is defined as in Section |
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| 1 | | 3-101 of the Code of
Civil Procedure.
| 2 | | (b) Any final administrative decision by the Director of | 3 | | State Police to deny a person's application for relief under | 4 | | subsection (f) of Section 10 of this Act is subject to de novo | 5 | | judicial review by the circuit court, and any party may offer | 6 | | evidence that is otherwise proper and admissible without regard | 7 | | to whether that evidence is part of the administrative record. | 8 | | (c) The Director of State Police shall submit a report to | 9 | | the General
Assembly on March 1 of each year, beginning March | 10 | | 1, 1991, listing all
final decisions by a court of this State | 11 | | upholding, reversing, or
reversing in part any administrative | 12 | | decision made by the Department of State Police.
| 13 | | (Source: P.A. 86-882.)
| 14 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| 15 | | Sec. 13.2.
The Department of State Police shall, 60 days
| 16 | | prior to the expiration of a Firearm Owner's Identification | 17 | | Card,
forward by first class mail to each person whose card is | 18 | | to expire a
notification of the
expiration of the card and an | 19 | | application which may be used to
apply for renewal of the card.
| 20 | | It is the obligation of the holder of a Firearm Owner's | 21 | | Identification Card
to notify the Department of State Police of | 22 | | any address change since the
issuance of
the Firearm Owner's | 23 | | Identification Card. Whenever any person moves from the | 24 | | residence address named on his or her card, the person shall | 25 | | within 21 calendar days thereafter notify in a form and manner |
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| 1 | | prescribed by the Department of his or her old and new | 2 | | residence addresses and the card number held by him or her. Any | 3 | | person whose legal name has changed from the name on the card | 4 | | that he or she has been previously issued must apply for a | 5 | | corrected card within 30 calendar days after the change. The | 6 | | cost for a corrected card shall be $5 which shall be deposited | 7 | | into the Firearm Owner's Notification Fund.
| 8 | | (Source: P.A. 91-690, eff. 4-13-00.)
| 9 | | (430 ILCS 65/14) (from Ch. 38, par. 83-14)
| 10 | | Sec. 14. Sentence.
| 11 | | (a) Except as provided in subsection (a-5), a A violation | 12 | | of paragraph (1) of subsection (a) of Section 2, when the
| 13 | | person's Firearm Owner's
Identification Card is expired but the | 14 | | person is not otherwise disqualified
from renewing the card, is | 15 | | a Class A misdemeanor.
| 16 | | (a-5) A violation of paragraph (1) of subsection (a) of | 17 | | Section 2, when the
person's Firearm Owner's
Identification | 18 | | Card is expired but the person is not otherwise disqualified
| 19 | | from owning, purchasing, or possessing firearms, is a petty | 20 | | offense if the card was expired for 6 months or less from the | 21 | | date of expiration. | 22 | | (b) Except as provided in subsection (a) with respect to an | 23 | | expired
card, a violation of paragraph (1) of subsection (a) of | 24 | | Section 2 is a
Class A misdemeanor when the person does not | 25 | | possess a currently valid Firearm
Owner's Identification Card, |
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| 1 | | but is otherwise eligible under this Act. A
second or | 2 | | subsequent violation is a Class 4 felony.
| 3 | | (c) A violation of paragraph (1) of subsection (a) of | 4 | | Section 2 is a Class
3 felony when:
| 5 | | (1) the person's Firearm Owner's Identification Card | 6 | | is revoked or
subject to revocation under Section 8; or
| 7 | | (2) the person's Firearm Owner's Identification Card | 8 | | is expired and not
otherwise eligible for renewal under | 9 | | this Act; or
| 10 | | (3) the person does not possess a currently valid | 11 | | Firearm Owner's
Identification Card, and the person is not | 12 | | otherwise eligible under this
Act.
| 13 | | (d) A violation of subsection (a) of Section 3 is a Class 4 | 14 | | felony.
A third or subsequent conviction is a Class 1 felony.
| 15 | | (d-5) Any person who knowingly enters false information on | 16 | | an application
for a Firearm Owner's Identification Card, who | 17 | | knowingly gives a false answer
to any question on the | 18 | | application, or who knowingly submits false evidence in
| 19 | | connection with an application is guilty of a Class 2 felony.
| 20 | | (e) Except as provided by Section 6.1 of this Act, any | 21 | | other
violation of this Act is a Class A misdemeanor.
| 22 | | (Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; | 23 | | 92-442, eff.
8-17-01; 92-651, eff. 7-11-02.)
| 24 | | Section 20. The Code of Criminal Procedure of 1963 is | 25 | | amended by changing Sections 104-26 and 112A-14 and adding |
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| 1 | | Sections 112A-11.1 and 112A-11.2 as follows:
| 2 | | (725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
| 3 | | Sec. 104-26. Disposition of Defendants suffering | 4 | | disabilities.
| 5 | | (a) A defendant convicted following a trial conducted under | 6 | | the provisions
of Section 104-22 shall not be sentenced before | 7 | | a written presentence report of
investigation is presented to | 8 | | and considered by the court. The presentence
report shall be | 9 | | prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the | 10 | | Unified Code of Corrections, as now or hereafter amended, and | 11 | | shall
include a physical and mental examination unless the | 12 | | court finds that the
reports of prior physical and mental | 13 | | examinations conducted pursuant to
this Article are adequate | 14 | | and recent enough so that additional examinations
would be | 15 | | unnecessary.
| 16 | | (b) A defendant convicted following a trial under Section | 17 | | 104-22 shall
not be subject to the death penalty.
| 18 | | (c) A defendant convicted following a trial under Section | 19 | | 104-22 shall
be sentenced according to
the procedures and | 20 | | dispositions authorized under the Unified Code of
Corrections,
| 21 | | as now or hereafter amended, subject to the following | 22 | | provisions:
| 23 | | (1) The court shall not impose a sentence of | 24 | | imprisonment upon the
offender
if the court believes that | 25 | | because of his disability a sentence of imprisonment
would |
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| 1 | | not serve the ends of justice and the interests of society | 2 | | and the
offender or that because of his disability a | 3 | | sentence of imprisonment would
subject the offender to | 4 | | excessive hardship. In addition to any other
conditions of | 5 | | a sentence of conditional discharge or probation the court | 6 | | may
require
that the offender undergo treatment | 7 | | appropriate to his mental or physical
condition.
| 8 | | (2) After imposing a sentence of imprisonment upon an | 9 | | offender who has
a mental disability, the court may remand | 10 | | him to the custody of the Department
of Human Services and
| 11 | | order a hearing to be
conducted pursuant to the provisions | 12 | | of the Mental Health and Developmental
Disabilities Code, | 13 | | as now or hereafter amended. If the offender is committed
| 14 | | following such hearing, he shall be treated in the same | 15 | | manner as any other
civilly committed patient for all | 16 | | purposes except as provided in this Section.
If the | 17 | | defendant is not committed pursuant to such hearing, he | 18 | | shall be
remanded to the sentencing court for disposition | 19 | | according to the sentence
imposed.
| 20 | | (3) If the court imposes a sentence of imprisonment | 21 | | upon an offender who
has a mental disability but does not | 22 | | proceed under subparagraph (2) of
paragraph
(c) of this | 23 | | Section, it shall order the Department of Corrections
to | 24 | | proceed pursuant to Section 3-8-5 of the Unified Code of | 25 | | Corrections,
as now or hereafter amended.
| 26 | | (3.5) If the court imposes a sentence of imprisonment |
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| 1 | | upon an offender who
has a mental disability, the court | 2 | | shall direct
the circuit court clerk to immediately notify | 3 | | the
Department of State Police, Firearm Owner's | 4 | | Identification
(FOID) Office, in a form and manner | 5 | | prescribed by the Department of State Police and shall | 6 | | forward a copy of the court order
to the Department.
| 7 | | (4) If the court imposes a sentence of imprisonment | 8 | | upon an offender
who has a physical disability, it may | 9 | | authorize the Department of Corrections
to place the | 10 | | offender in a public or private facility which is able to | 11 | | provide
care or treatment for the offender's disability and | 12 | | which agrees to do so.
| 13 | | (5) When an offender is placed with the Department of | 14 | | Human Services or
another facility pursuant
to | 15 | | subparagraph (2) or (4) of this paragraph (c), the | 16 | | Department or private
facility shall
not discharge or allow | 17 | | the offender to be at large in the community without
prior | 18 | | approval of the court. If the defendant is placed in the | 19 | | custody
of the Department of Human Services, the defendant
| 20 | | shall be placed in a secure setting unless the court | 21 | | determines that there
are compelling reasons why such | 22 | | placement is not necessary. The offender
shall accrue good | 23 | | time and shall be eligible for parole in the same manner
as | 24 | | if he were serving his sentence within the Department of | 25 | | Corrections.
When the offender no longer requires | 26 | | hospitalization, care, or treatment,
the Department of |
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| 1 | | Human Services or the facility shall transfer him,
if his | 2 | | sentence has not expired, to the Department of Corrections. | 3 | | If an
offender is transferred to the Department of | 4 | | Corrections, the Department of
Human Services shall
| 5 | | transfer to the Department of Corrections all related | 6 | | records pertaining to
length of custody and treatment | 7 | | services provided during the time the offender
was held.
| 8 | | (6) The Department of Corrections shall notify the | 9 | | Department of
Human
Services or a facility in
which an | 10 | | offender
has been placed pursuant to subparagraph (2) or | 11 | | (4) of paragraph (c) of
this Section of the expiration of | 12 | | his sentence. Thereafter, an offender
in the Department of | 13 | | Human Services shall
continue to be treated pursuant to his | 14 | | commitment order and shall be considered
a civilly | 15 | | committed patient for all purposes including discharge. An | 16 | | offender
who is in a facility pursuant to subparagraph (4)
| 17 | | of paragraph (c) of this Section shall be informed by the | 18 | | facility of the
expiration of his sentence, and shall | 19 | | either consent to the continuation of
his care or treatment | 20 | | by the facility or shall be discharged.
| 21 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 22 | | (725 ILCS 5/112A-11.1 new) | 23 | | Sec. 112A-11.1. Procedure for determining whether certain | 24 | | misdemeanor crimes
are crimes of domestic violence for purposes | 25 | | of federal
law. |
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| 1 | | (a) When a defendant has been charged with a violation of | 2 | | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | 3 | | Criminal Code of 1961, the State may, at arraignment or no | 4 | | later than 45 days after arraignment, for the purpose of | 5 | | notification to the Department of State Police Firearm Owner's | 6 | | Identification Card Office, serve on the defendant and file | 7 | | with the court a notice alleging that conviction of the offense | 8 | | would subject the defendant to the prohibitions of 18 U.S.C. | 9 | | 922(g)(9) because of the relationship between the defendant and | 10 | | the alleged victim and the nature of the alleged offense. | 11 | | (b) The notice shall include the name of the person alleged | 12 | | to be the victim of the crime and shall specify the nature of | 13 | | the alleged relationship as set forth in 18 U.S.C. | 14 | | 921(a)(33)(A)(ii). It shall also specify the element of the | 15 | | charged offense which requires the use or attempted use of | 16 | | physical force, or the threatened use of a deadly weapon, as | 17 | | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | 18 | | notice that the defendant is entitled to a hearing on the | 19 | | allegation contained in the notice and that if the allegation | 20 | | is sustained, that determination and conviction shall be | 21 | | reported to the Department of State Police Firearm Owner's | 22 | | Identification Card Office. | 23 | | (c) After having been notified as provided in subsection | 24 | | (b) of this Section, the defendant may stipulate or admit, | 25 | | orally on the record or in writing, that conviction of the | 26 | | offense would subject the defendant to the prohibitions of 18 |
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| 1 | | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | 2 | | 922(g)(9) shall be deemed established for purposes of Section | 3 | | 112A-11.2. If the defendant denies the applicability of 18 | 4 | | U.S.C. 922(g)(9) as alleged in the notice served by the State, | 5 | | or stands mute with respect to that allegation, then the State | 6 | | shall bear the burden to prove beyond a reasonable doubt that | 7 | | the offense is one to which the prohibitions of 18 U.S.C. | 8 | | 922(g)(9) apply. The court may consider reliable hearsay | 9 | | evidence submitted by either party provided that it is relevant | 10 | | to the determination of the allegation. Facts previously proven | 11 | | at trial or elicited at the time of entry of a plea of guilty | 12 | | shall be deemed established beyond a reasonable doubt and shall | 13 | | not be relitigated. At the conclusion of the hearing, or upon a | 14 | | stipulation or admission, as applicable, the court shall make a | 15 | | specific written determination with respect to the allegation. | 16 | | (725 ILCS 5/112A-11.2 new) | 17 | | Sec. 112A-11.2. Notification to the Department of State | 18 | | Police Firearm Owner's Identification Card Office of
| 19 | | determinations in certain misdemeanor cases. Upon judgment of | 20 | | conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | 21 | | 12-3.4, or 12-3.5 of the Criminal Code of 1961 when the | 22 | | defendant has been determined, under Section 112A-11.1, to be | 23 | | subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit | 24 | | court clerk shall include notification and a copy of the | 25 | | written determination in a report of the conviction to the |
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| 1 | | Department of State Police Firearm Owner's Identification Card | 2 | | Office to enable the office to report that determination to the | 3 | | Federal Bureau of Investigation and assist the Bureau in | 4 | | identifying persons prohibited from purchasing and possessing | 5 | | a firearm pursuant to the provisions of 18 U.S.C. 922.
| 6 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 7 | | Sec. 112A-14. 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, as defined in | 10 | | this Article, an
order of protection prohibiting such abuse | 11 | | shall issue; provided that
petitioner must also satisfy the | 12 | | requirements of one of the following
Sections, as appropriate: | 13 | | Section 112A-17 on emergency orders, Section
112A-18 on interim | 14 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | 15 | | not be denied an order of protection because petitioner or
| 16 | | respondent is a minor. The court, when determining whether or | 17 | | not to issue
an order of protection, shall not require physical | 18 | | manifestations of abuse
on the person of the victim. | 19 | | Modification and extension of prior orders of
protection shall | 20 | | be in accordance with this Article.
| 21 | | (b) Remedies and standards. The remedies to be included in | 22 | | an order of
protection shall be determined in accordance with | 23 | | this Section and one of
the following Sections, as appropriate: | 24 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | 25 | | orders, and Section 112A-19 on
plenary orders.
The remedies |
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| 1 | | listed in this subsection shall be in addition to other civil
| 2 | | or criminal remedies available to petitioner.
| 3 | | (1) Prohibition of abuse. Prohibit respondent's | 4 | | harassment,
interference with personal liberty, | 5 | | intimidation of a dependent, physical
abuse or willful | 6 | | deprivation, as defined in this Article, if such abuse has
| 7 | | occurred or otherwise appears likely to occur if not | 8 | | prohibited.
| 9 | | (2) Grant of exclusive possession of residence. | 10 | | Prohibit respondent
from entering or remaining in any | 11 | | residence, household, or premises of the petitioner,
| 12 | | including one owned or leased by respondent, if petitioner | 13 | | has a right
to occupancy thereof. The grant of exclusive | 14 | | possession of the residence, household, or premises
shall | 15 | | not affect title to real property, nor shall the court be | 16 | | limited by
the standard set forth in Section 701 of the | 17 | | Illinois Marriage and
Dissolution of Marriage Act.
| 18 | | (A) Right to occupancy. A party has a right to | 19 | | occupancy of a
residence or household if it is
solely | 20 | | or jointly owned or leased by that party, that party's | 21 | | spouse, a
person with a legal duty to support that | 22 | | party or a minor child in that
party's care, or by any | 23 | | person or entity other than the opposing party that
| 24 | | authorizes that party's occupancy (e.g., a domestic | 25 | | violence shelter).
Standards set forth in subparagraph | 26 | | (B) shall not preclude equitable relief.
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| 1 | | (B) Presumption of hardships. If petitioner and | 2 | | respondent
each has the right to occupancy of a | 3 | | residence or household, the court
shall balance (i) the | 4 | | hardships to respondent and any minor child or
| 5 | | dependent adult in respondent's care resulting from | 6 | | entry of this remedy with (ii)
the hardships to | 7 | | petitioner and any minor child or dependent adult in
| 8 | | petitioner's care resulting from continued exposure to | 9 | | the risk of abuse (should
petitioner remain at the | 10 | | residence or household) or from loss of possession
of | 11 | | the residence or household (should petitioner leave to | 12 | | avoid the risk
of abuse). When determining the balance | 13 | | of hardships, the court shall also
take into account | 14 | | the accessibility of the residence or household.
| 15 | | Hardships need not be balanced if respondent does not | 16 | | have a right to occupancy.
| 17 | | The balance of hardships is presumed to favor | 18 | | possession by
petitioner unless the presumption is | 19 | | rebutted by a preponderance of the
evidence, showing | 20 | | that the hardships to respondent substantially | 21 | | outweigh
the hardships to petitioner and any minor | 22 | | child or dependent adult in petitioner's
care. The | 23 | | court, on the request of petitioner or on its own | 24 | | motion,
may order respondent to provide suitable, | 25 | | accessible, alternate housing
for petitioner instead | 26 | | of
excluding respondent from a mutual residence or |
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| 1 | | household.
| 2 | | (3) Stay away order and additional prohibitions.
Order | 3 | | respondent to stay away from petitioner or any other person
| 4 | | protected by the order of protection, or prohibit | 5 | | respondent from entering
or remaining present at | 6 | | petitioner's school, place of employment, or other
| 7 | | specified places at times when petitioner is present, or | 8 | | both, if
reasonable, given
the balance of hardships. | 9 | | Hardships need not be balanced for the court
to enter a | 10 | | stay away order or prohibit entry
if respondent has no | 11 | | right to enter the premises.
| 12 | | If an order of protection grants petitioner exclusive | 13 | | possession
of the residence, or prohibits respondent from | 14 | | entering the residence,
or orders respondent to stay away | 15 | | from petitioner or other
protected persons, then the court | 16 | | may allow respondent access to the
residence to remove | 17 | | items of clothing and personal adornment
used exclusively | 18 | | by respondent, medications, and other items as the court | 19 | | directs.
The right to access shall be exercised on only one | 20 | | occasion as the court directs
and in the presence of an | 21 | | agreed-upon adult third party or law enforcement officer.
| 22 | | (4) Counseling. Require or recommend the respondent to | 23 | | undergo
counseling for a specified duration with a social | 24 | | worker, psychologist,
clinical psychologist, psychiatrist, | 25 | | family service agency, alcohol or
substance abuse program, | 26 | | mental health center guidance counselor, agency
providing |
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| 1 | | services to elders, program designed for domestic violence
| 2 | | abusers or any other guidance service the court deems | 3 | | appropriate. The court may order the respondent in any | 4 | | intimate partner relationship to report to an Illinois | 5 | | Department of Human Services protocol approved partner | 6 | | abuse intervention program for an assessment and to follow | 7 | | all recommended treatment.
| 8 | | (5) Physical care and possession of the minor child. In | 9 | | order to protect
the minor child from abuse, neglect, or | 10 | | 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 112A-3) 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 legal custody.
Award temporary legal | 24 | | custody to petitioner in accordance with this Section,
the | 25 | | Illinois Marriage
and Dissolution of Marriage Act, the | 26 | | Illinois Parentage Act of 1984,
and this State's Uniform |
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| 1 | | Child-Custody
Jurisdiction and Enforcement Act.
| 2 | | If a court finds, after a hearing, that respondent
has | 3 | | committed abuse (as defined in Section 112A-3) of a
minor | 4 | | child, there shall be a rebuttable presumption that | 5 | | awarding
temporary legal custody to respondent would not be | 6 | | in the
child's best interest.
| 7 | | (7) Visitation. Determine the
visitation rights, if | 8 | | any, of respondent in any case in which the court
awards | 9 | | physical care or temporary legal custody of a minor child | 10 | | to
petitioner. The court shall restrict or deny | 11 | | respondent's visitation with
a minor child if
the court | 12 | | finds that respondent has done or is likely to do any of | 13 | | the
following: (i) abuse or endanger the minor child during | 14 | | visitation; (ii) use the
visitation as an opportunity to | 15 | | abuse or harass petitioner or
petitioner's family or | 16 | | household members; (iii) improperly conceal or
detain the | 17 | | minor child; or (iv) otherwise act in a manner that is not | 18 | | in
the best interests of the minor child. The court shall | 19 | | not be limited by the
standards set forth in Section 607.1 | 20 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 21 | | If the court grants visitation, the order
shall specify | 22 | | dates and times for the visitation to take place or other
| 23 | | specific parameters or conditions that are appropriate. No | 24 | | order for
visitation shall refer merely to the term | 25 | | "reasonable visitation".
| 26 | | Petitioner may deny respondent access to the minor |
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| 1 | | child if, when
respondent arrives for visitation, | 2 | | respondent is under the influence of drugs
or alcohol and | 3 | | constitutes a threat to the safety and well-being of
| 4 | | petitioner or petitioner's minor children or is behaving in | 5 | | a violent or abusive manner.
| 6 | | If necessary to protect any member of petitioner's | 7 | | family or
household from future abuse, respondent shall be | 8 | | prohibited from coming to
petitioner's residence to meet | 9 | | the minor child for visitation, and the
parties shall | 10 | | submit to the court their recommendations for reasonable
| 11 | | alternative arrangements for visitation. A person may be | 12 | | approved to
supervise visitation only after filing an | 13 | | affidavit accepting
that responsibility and acknowledging | 14 | | accountability to the court.
| 15 | | (8) Removal or concealment of minor child.
Prohibit | 16 | | respondent from
removing a minor child from the State or | 17 | | concealing the child within the
State.
| 18 | | (9) Order to appear. Order the respondent to
appear in | 19 | | court, alone
or with a minor child, to prevent abuse, | 20 | | neglect, removal or concealment of
the child, to return the | 21 | | child to the custody or care of the petitioner or
to permit | 22 | | any court-ordered interview or examination of the child or | 23 | | the
respondent.
| 24 | | (10) Possession of personal property. Grant petitioner | 25 | | exclusive
possession of personal property and, if | 26 | | respondent has possession or
control, direct respondent to |
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| 1 | | promptly make it available to petitioner, if:
| 2 | | (i) petitioner, but not respondent, owns the | 3 | | property; or
| 4 | | (ii) the parties own the property jointly; sharing | 5 | | it would risk
abuse of petitioner by respondent or is | 6 | | impracticable; and the balance of
hardships favors | 7 | | temporary possession by petitioner.
| 8 | | If petitioner's sole claim to ownership of the property | 9 | | is that it is
marital property, the court may award | 10 | | petitioner temporary possession
thereof under the | 11 | | standards of subparagraph (ii) of this paragraph only if
a | 12 | | proper proceeding has been filed under the Illinois | 13 | | Marriage and
Dissolution of Marriage Act, as now or | 14 | | hereafter amended.
| 15 | | No order under this provision shall affect title to | 16 | | property.
| 17 | | (11) Protection of property. Forbid the respondent | 18 | | from taking,
transferring, encumbering, concealing, | 19 | | damaging or otherwise disposing of
any real or personal | 20 | | property, except as explicitly authorized by the
court, if:
| 21 | | (i) petitioner, but not respondent, owns the | 22 | | property; or
| 23 | | (ii) the parties own the property jointly,
and the | 24 | | balance of hardships favors granting this remedy.
| 25 | | If petitioner's sole claim to ownership of the property | 26 | | is that it is
marital property, the court may grant |
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| 1 | | petitioner relief under subparagraph
(ii) of this | 2 | | paragraph only if a proper proceeding has been filed under | 3 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 4 | | now or hereafter amended.
| 5 | | The court may further prohibit respondent from | 6 | | improperly using the
financial or other resources of an | 7 | | aged member of the family or household
for the profit or | 8 | | advantage of respondent or of any other person.
| 9 | | (11.5) Protection of animals. Grant the petitioner the | 10 | | exclusive care, custody, or control of any animal owned, | 11 | | possessed, leased, kept, or held by either the petitioner | 12 | | or the respondent or a minor child residing in the | 13 | | residence or household of either the petitioner or the | 14 | | respondent and order the respondent to stay away from the | 15 | | animal and forbid the respondent from taking, | 16 | | transferring, encumbering, concealing, harming, or | 17 | | otherwise disposing of the animal.
| 18 | | (12) Order for payment of support. Order
respondent to | 19 | | pay temporary
support for the petitioner or any child in | 20 | | the petitioner's care or
custody, when the respondent has a | 21 | | legal obligation to support that person,
in accordance with | 22 | | the Illinois Marriage and Dissolution
of Marriage Act, | 23 | | which shall govern, among other matters, the amount of
| 24 | | support, payment through the clerk and withholding of | 25 | | income to secure
payment. An order for child support may be | 26 | | granted to a petitioner with
lawful physical care or |
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| 1 | | custody of a child, or an order or agreement for
physical | 2 | | care or custody, prior to entry of an order for legal | 3 | | custody.
Such a support order shall expire upon entry of a | 4 | | valid order granting
legal custody to another, unless | 5 | | otherwise provided in the custody order.
| 6 | | (13) Order for payment of losses. Order
respondent to | 7 | | pay petitioner
for losses suffered as a direct result of | 8 | | the abuse. Such losses shall
include, but not be limited | 9 | | to, medical expenses, lost earnings or other
support, | 10 | | repair or replacement of property damaged or taken, | 11 | | reasonable
attorney's fees, court costs and moving or other | 12 | | travel expenses, including
additional reasonable expenses | 13 | | for temporary shelter and restaurant meals.
| 14 | | (i) Losses affecting family needs. If a party is | 15 | | entitled to seek
maintenance, child support or | 16 | | property distribution from the other party
under the | 17 | | Illinois Marriage and Dissolution of Marriage Act, as | 18 | | now or
hereafter amended, the court may order | 19 | | respondent to reimburse petitioner's
actual losses, to | 20 | | the extent that such reimbursement would be | 21 | | "appropriate
temporary relief", as authorized by | 22 | | subsection (a)(3) of
Section 501 of that Act.
| 23 | | (ii) Recovery of expenses. In the case of an | 24 | | improper concealment
or removal of a minor child, the | 25 | | court may order respondent to pay the reasonable
| 26 | | expenses incurred or to be incurred in the search for |
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| 1 | | and recovery of the
minor child, including but not | 2 | | limited to legal fees, court costs, private
| 3 | | investigator fees, and travel costs.
| 4 | | (14) Prohibition of entry. Prohibit the respondent | 5 | | from entering or
remaining in the residence or household | 6 | | while the respondent is under the
influence of alcohol or | 7 | | drugs and constitutes a threat to the safety and
well-being | 8 | | of the petitioner or the petitioner's children.
| 9 | | (14.5) Prohibition of firearm possession. | 10 | | (a) Prohibit a respondent against whom an order of | 11 | | protection was issued from possessing any firearms | 12 | | during the duration of the order if the order: | 13 | | (1) was issued after a hearing of which such | 14 | | person received
actual notice, and at which such | 15 | | person had an opportunity to
participate; | 16 | | (2) restrains such person from harassing, | 17 | | stalking, or
threatening an intimate partner of | 18 | | such person or child of such
intimate partner or | 19 | | person, or engaging in other conduct that
would | 20 | | place an intimate partner in reasonable fear of | 21 | | bodily
injury to the partner or child; and | 22 | | (3)(i) includes a finding that such person | 23 | | represents a
credible threat to the physical | 24 | | safety of such intimate partner
or child; or
(ii) | 25 | | by its terms explicitly prohibits the use, | 26 | | attempted
use, or threatened use of physical force |
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| 1 | | against such intimate
partner or child that would | 2 | | reasonably be expected to cause
bodily injury. | 3 | | Any firearms in the
possession of the respondent, | 4 | | except as provided in subsection (b), shall be ordered | 5 | | by the court to be turned
over to the local law | 6 | | enforcement agency for safekeeping. The court shall | 7 | | issue an order that the respondent's Firearm Owner's | 8 | | Identification Card be turned over to the local law | 9 | | enforcement agency , which in turn shall immediately | 10 | | mail the card to the Department of State Police Firearm | 11 | | Owner's Identification Card Office for safekeeping.
| 12 | | The period of safekeeping shall be for the duration of | 13 | | the order of protection. The firearm or firearms and | 14 | | Firearm Owner's Identification Card, if unexpired, | 15 | | shall at the respondent's request shall be returned to | 16 | | the respondent at expiration of the order of | 17 | | protection.
| 18 | | (b) If the respondent is a peace officer as defined | 19 | | in Section 2-13 of
the
Criminal Code of 1961, the court | 20 | | shall order that any firearms used by the
respondent in | 21 | | the performance of his or her duties as a
peace officer | 22 | | be surrendered to
the chief law enforcement executive | 23 | | of the agency in which the respondent is
employed, who | 24 | | shall retain the firearms for safekeeping for the | 25 | | duration of the order of protection.
| 26 | | (c) Upon expiration of the period of safekeeping, |
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| 1 | | if the firearms or Firearm Owner's Identification Card | 2 | | cannot be returned to respondent because respondent | 3 | | cannot be located, fails to respond to requests to | 4 | | retrieve the firearms, or is not lawfully eligible to | 5 | | possess a firearm, upon petition from the local law | 6 | | enforcement agency, the court may order the local law | 7 | | enforcement agency to destroy the firearms, use the | 8 | | firearms for training purposes, or for any other | 9 | | application as deemed appropriate by the local law | 10 | | enforcement agency; or that the firearms be turned over | 11 | | to a third party who is lawfully eligible to possess | 12 | | firearms, and who does not reside with respondent.
| 13 | | (15) Prohibition of access to records. If an order of | 14 | | protection
prohibits respondent from having contact with | 15 | | the minor child,
or if petitioner's address is omitted | 16 | | under subsection (b) of
Section 112A-5, or if necessary to | 17 | | prevent abuse or wrongful removal or
concealment of a minor | 18 | | child, the order shall deny respondent access to, and
| 19 | | prohibit respondent from inspecting, obtaining, or | 20 | | attempting to
inspect or obtain, school or any other | 21 | | records of the minor child
who is in the care of | 22 | | 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 of | 4 | | a family or household member or
to effectuate one of the | 5 | | granted remedies, if supported by the balance of
hardships. | 6 | | If the harm to be prevented by the injunction is abuse or | 7 | | any
other harm that one of the remedies listed in | 8 | | paragraphs (1) through (16)
of this subsection is designed | 9 | | to prevent, no further evidence is necessary
to establish | 10 | | that the harm is an irreparable injury.
| 11 | | (c) Relevant factors; findings.
| 12 | | (1) In determining whether to grant a
specific remedy, | 13 | | other than payment of support, the
court shall consider | 14 | | relevant factors, including but not limited to the
| 15 | | following:
| 16 | | (i) the nature, frequency, severity, pattern and | 17 | | consequences of the
respondent's past abuse of the | 18 | | petitioner or any family or household
member, | 19 | | including the concealment of his or her location in | 20 | | order to evade
service of process or notice, and the | 21 | | likelihood of danger of future abuse to
petitioner or
| 22 | | any member of petitioner's or respondent's family or | 23 | | household; and
| 24 | | (ii) the danger that any minor child will be abused | 25 | | or neglected or
improperly removed from the | 26 | | jurisdiction, improperly concealed within the
State or |
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| 1 | | improperly separated from the child's primary | 2 | | caretaker.
| 3 | | (2) In comparing relative hardships resulting to the | 4 | | parties from loss
of possession of the family home, the | 5 | | court shall consider relevant
factors, including but not | 6 | | limited to the following:
| 7 | | (i) availability, accessibility, cost, safety, | 8 | | adequacy, location and other
characteristics of | 9 | | alternate housing for each party and any minor child or
| 10 | | dependent adult in the party's care;
| 11 | | (ii) the effect on the party's employment; and
| 12 | | (iii) the effect on the relationship of the party, | 13 | | and any minor
child or dependent adult in the party's | 14 | | care, to family, school, church
and community.
| 15 | | (3) Subject to the exceptions set forth in paragraph | 16 | | (4) of this
subsection, the court shall make its findings | 17 | | in an official record or in
writing, and shall at a minimum | 18 | | set forth the following:
| 19 | | (i) That the court has considered the applicable | 20 | | relevant factors
described in paragraphs (1) and (2) of | 21 | | this subsection.
| 22 | | (ii) Whether the conduct or actions of respondent, | 23 | | unless
prohibited, will likely cause irreparable harm | 24 | | or continued abuse.
| 25 | | (iii) Whether it is necessary to grant the | 26 | | requested relief in order
to protect petitioner or |
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| 1 | | other alleged abused persons.
| 2 | | (4) For purposes of issuing an ex parte emergency order | 3 | | of protection,
the court, as an alternative to or as a | 4 | | supplement to making the findings
described in paragraphs | 5 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| 6 | | the following procedure:
| 7 | | When a verified petition for an emergency order of | 8 | | protection in
accordance with the requirements of Sections | 9 | | 112A-5 and 112A-17 is
presented to the court, the court | 10 | | shall examine petitioner on oath or
affirmation. An | 11 | | emergency order of protection shall be issued by the court
| 12 | | if it appears from the contents of the petition and the | 13 | | examination of
petitioner that the averments are | 14 | | sufficient to indicate abuse by
respondent and to support | 15 | | the granting of relief under the issuance of the
emergency | 16 | | order of protection.
| 17 | | (5) Never married parties. No rights or | 18 | | responsibilities for a minor
child born outside of marriage | 19 | | attach to a putative father until a father and
child | 20 | | relationship has been established under the Illinois | 21 | | Parentage Act of
1984. Absent such an adjudication, no | 22 | | putative father shall be granted
temporary custody of the | 23 | | minor child, visitation with the minor child, or
physical | 24 | | care
and possession of the minor child, nor shall
an order | 25 | | of payment for support of the minor child be entered.
| 26 | | (d) Balance of hardships; findings. If the court finds that |
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| 1 | | the balance
of hardships does not support the granting of a | 2 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 3 | | subsection (b) of this Section,
which may require such | 4 | | balancing, the court's findings shall so
indicate and shall | 5 | | include a finding as to whether granting the remedy will
result | 6 | | in hardship to respondent that would substantially outweigh the | 7 | | hardship
to petitioner
from denial of the remedy. The findings | 8 | | shall be an official record or in
writing.
| 9 | | (e) Denial of remedies. Denial of any remedy shall not be | 10 | | based, 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
VII of the Criminal Code of 1961;
| 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 VII of the Criminal | 18 | | Code of 1961;
| 19 | | (4) Petitioner did not act in self-defense or defense | 20 | | of another;
| 21 | | (5) Petitioner left the residence or household to avoid | 22 | | further abuse
by respondent;
| 23 | | (6) Petitioner did not leave the residence or household | 24 | | to avoid further
abuse by respondent;
| 25 | | (7) Conduct by any family or household member excused | 26 | | the abuse by
respondent, unless that same conduct would |
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| 1 | | have excused such abuse if the
parties had not been family | 2 | | or household members.
| 3 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | 4 | | 97-158, eff. 1-1-12.)
| 5 | | Section 25. The Unified Code of Corrections is amended by | 6 | | changing Section 5-6-3 as follows: | 7 | | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | 8 | | Sec. 5-6-3. Conditions of Probation and of Conditional | 9 | | Discharge.
| 10 | | (a) The conditions of probation and of conditional | 11 | | discharge shall be
that the person:
| 12 | | (1) not violate any criminal statute of any | 13 | | jurisdiction;
| 14 | | (2) report to or appear in person before such person or | 15 | | agency as
directed by the court;
| 16 | | (3) refrain from possessing a firearm or other | 17 | | dangerous weapon where the offense is a felony or, if a | 18 | | misdemeanor, the offense involved the intentional or | 19 | | knowing infliction of bodily harm or threat of bodily harm;
| 20 | | (4) not leave the State without the consent of the | 21 | | court or, in
circumstances in which the reason for the | 22 | | absence is of such an emergency
nature that prior consent | 23 | | by the court is not possible, without the prior
| 24 | | notification and approval of the person's probation
|
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| 1 | | officer. Transfer of a person's probation or conditional | 2 | | discharge
supervision to another state is subject to | 3 | | acceptance by the other state
pursuant to the Interstate | 4 | | Compact for Adult Offender Supervision;
| 5 | | (5) permit the probation officer to visit
him at his | 6 | | home or elsewhere
to the extent necessary to discharge his | 7 | | duties;
| 8 | | (6) perform no less than 30 hours of community service | 9 | | and not more than
120 hours of community service, if | 10 | | community service is available in the
jurisdiction and is | 11 | | funded and approved by the county board where the offense
| 12 | | was committed, where the offense was related to or in | 13 | | furtherance of the
criminal activities of an organized gang | 14 | | and was motivated by the offender's
membership in or | 15 | | allegiance to an organized gang. The community service | 16 | | shall
include, but not be limited to, the cleanup and | 17 | | repair of any damage caused by
a violation of Section | 18 | | 21-1.3 of the Criminal Code of 1961 and similar damage
to | 19 | | property located within the municipality or county in which | 20 | | the violation
occurred. When possible and reasonable, the | 21 | | community service should be
performed in the offender's | 22 | | neighborhood. For purposes of this Section,
"organized | 23 | | gang" has the meaning ascribed to it in Section 10 of the | 24 | | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 25 | | (7) if he or she is at least 17 years of age and has | 26 | | been sentenced to
probation or conditional discharge for a |
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| 1 | | misdemeanor or felony in a county of
3,000,000 or more | 2 | | inhabitants and has not been previously convicted of a
| 3 | | misdemeanor or felony, may be required by the sentencing | 4 | | court to attend
educational courses designed to prepare the | 5 | | defendant for a high school diploma
and to work toward a | 6 | | high school diploma or to work toward passing the high
| 7 | | school level Test of General Educational Development (GED) | 8 | | or to work toward
completing a vocational training program | 9 | | approved by the court. The person on
probation or | 10 | | conditional discharge must attend a public institution of
| 11 | | education to obtain the educational or vocational training | 12 | | required by this
clause (7). The court shall revoke the | 13 | | probation or conditional discharge of a
person who wilfully | 14 | | fails to comply with this clause (7). The person on
| 15 | | probation or conditional discharge shall be required to pay | 16 | | for the cost of the
educational courses or GED test, if a | 17 | | fee is charged for those courses or
test. The court shall | 18 | | resentence the offender whose probation or conditional
| 19 | | discharge has been revoked as provided in Section 5-6-4. | 20 | | This clause (7) does
not apply to a person who has a high | 21 | | school diploma or has successfully passed
the GED test. | 22 | | This clause (7) does not apply to a person who is | 23 | | determined by
the court to be developmentally disabled or | 24 | | otherwise mentally incapable of
completing the educational | 25 | | or vocational program;
| 26 | | (8) if convicted of possession of a substance |
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| 1 | | prohibited
by the Cannabis Control Act, the Illinois | 2 | | Controlled Substances Act, or the Methamphetamine Control | 3 | | and Community Protection Act
after a previous conviction or | 4 | | disposition of supervision for possession of a
substance | 5 | | prohibited by the Cannabis Control Act or Illinois | 6 | | Controlled
Substances Act or after a sentence of probation | 7 | | under Section 10 of the
Cannabis
Control Act, Section 410 | 8 | | of the Illinois Controlled Substances Act, or Section 70 of | 9 | | the Methamphetamine Control and Community Protection Act | 10 | | and upon a
finding by the court that the person is | 11 | | addicted, undergo treatment at a
substance abuse program | 12 | | approved by the court;
| 13 | | (8.5) if convicted of a felony sex offense as defined | 14 | | in the Sex
Offender
Management Board Act, the person shall | 15 | | undergo and successfully complete sex
offender treatment | 16 | | by a treatment provider approved by the Board and conducted
| 17 | | in conformance with the standards developed under the Sex
| 18 | | Offender Management Board Act;
| 19 | | (8.6) if convicted of a sex offense as defined in the | 20 | | Sex Offender Management Board Act, refrain from residing at | 21 | | the same address or in the same condominium unit or | 22 | | apartment unit or in the same condominium complex or | 23 | | apartment complex with another person he or she knows or | 24 | | reasonably should know is a convicted sex offender or has | 25 | | been placed on supervision for a sex offense; the | 26 | | provisions of this paragraph do not apply to a person |
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| 1 | | convicted of a sex offense who is placed in a Department of | 2 | | Corrections licensed transitional housing facility for sex | 3 | | offenders; | 4 | | (8.7) if convicted for an offense committed on or after | 5 | | June 1, 2008 (the effective date of Public Act 95-464) that | 6 | | would qualify the accused as a child sex offender as | 7 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 8 | | 1961, refrain from communicating with or contacting, by | 9 | | means of the Internet, a person who is not related to the | 10 | | accused and whom the accused reasonably believes to be | 11 | | under 18 years of age; for purposes of this paragraph | 12 | | (8.7), "Internet" has the meaning ascribed to it in Section | 13 | | 16-0.1 of the Criminal Code of 1961; and a person is not | 14 | | related to the accused if the person is not: (i) the | 15 | | spouse, brother, or sister of the accused; (ii) a | 16 | | descendant of the accused; (iii) a first or second cousin | 17 | | of the accused; or (iv) a step-child or adopted child of | 18 | | the accused; | 19 | | (8.8) if convicted for an offense under Section 11-6, | 20 | | 11-9.1, 11-14.4 that involves soliciting for a juvenile | 21 | | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | 22 | | of the Criminal Code of 1961, or any attempt to commit any | 23 | | of these offenses, committed on or after June 1, 2009 (the | 24 | | effective date of Public Act 95-983): | 25 | | (i) not access or use a computer or any other | 26 | | device with Internet capability without the prior |
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| 1 | | written approval of the offender's probation officer, | 2 | | except in connection with the offender's employment or | 3 | | search for employment with the prior approval of the | 4 | | offender's probation officer; | 5 | | (ii) submit to periodic unannounced examinations | 6 | | of the offender's computer or any other device with | 7 | | Internet capability by the offender's probation | 8 | | officer, a law enforcement officer, or assigned | 9 | | computer or information technology specialist, | 10 | | including the retrieval and copying of all data from | 11 | | the computer or device and any internal or external | 12 | | peripherals and removal of such information, | 13 | | equipment, or device to conduct a more thorough | 14 | | inspection; | 15 | | (iii) submit to the installation on the offender's | 16 | | computer or device with Internet capability, at the | 17 | | offender's expense, of one or more hardware or software | 18 | | systems to monitor the Internet use; and | 19 | | (iv) submit to any other appropriate restrictions | 20 | | concerning the offender's use of or access to a | 21 | | computer or any other device with Internet capability | 22 | | imposed by the offender's probation officer; | 23 | | (8.9) if convicted of a sex offense as defined in the | 24 | | Sex Offender
Registration Act committed on or after January | 25 | | 1, 2010 (the effective date of Public Act 96-262), refrain | 26 | | from accessing or using a social networking website as |
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| 1 | | defined in Section 17-0.5 of the Criminal Code of 1961;
| 2 | | (9) if convicted of a felony or of any misdemeanor | 3 | | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | 4 | | 12-3.5 of the Criminal Code of 1961 that was determined, | 5 | | pursuant to Section 112A-11.1 of the Code of Criminal | 6 | | Procedure of 1963, to trigger the prohibitions of 18 U.S.C. | 7 | | 922(g)(9) , physically surrender at a time and place
| 8 | | designated by the court, his or her Firearm
Owner's | 9 | | Identification Card and
any and all firearms in
his or her | 10 | | possession . The Court shall return to the Department of | 11 | | State Police Firearm Owner's Identification Card Office | 12 | | the person's Firearm Owner's Identification Card ;
| 13 | | (10) if convicted of a sex offense as defined in | 14 | | subsection (a-5) of Section 3-1-2 of this Code, unless the | 15 | | offender is a parent or guardian of the person under 18 | 16 | | years of age present in the home and no non-familial minors | 17 | | are present, not participate in a holiday event involving | 18 | | children under 18 years of age, such as distributing candy | 19 | | or other items to children on Halloween, wearing a Santa | 20 | | Claus costume on or preceding Christmas, being employed as | 21 | | a department store Santa Claus, or wearing an Easter Bunny | 22 | | costume on or preceding Easter; | 23 | | (11) if convicted of a sex offense as defined in | 24 | | Section 2 of the Sex Offender Registration Act committed on | 25 | | or after January 1, 2010 (the effective date of Public Act | 26 | | 96-362) that requires the person to register as a sex |
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| 1 | | offender under that Act, may not knowingly use any computer | 2 | | scrub software on any computer that the sex offender uses; | 3 | | and | 4 | | (12) if convicted of a violation of the Methamphetamine | 5 | | Control and Community Protection Act, the Methamphetamine
| 6 | | Precursor Control Act, or a methamphetamine related | 7 | | offense: | 8 | | (A) prohibited from purchasing, possessing, or | 9 | | having under his or her control any product containing | 10 | | pseudoephedrine unless prescribed by a physician; and | 11 | | (B) prohibited from purchasing, possessing, or | 12 | | having under his or her control any product containing | 13 | | ammonium nitrate. | 14 | | (b) The Court may in addition to other reasonable | 15 | | conditions relating to the
nature of the offense or the | 16 | | rehabilitation of the defendant as determined for
each | 17 | | defendant in the proper discretion of the Court require that | 18 | | the person:
| 19 | | (1) serve a term of periodic imprisonment under Article | 20 | | 7 for a
period not to exceed that specified in paragraph | 21 | | (d) of Section 5-7-1;
| 22 | | (2) pay a fine and costs;
| 23 | | (3) work or pursue a course of study or vocational | 24 | | training;
| 25 | | (4) undergo medical, psychological or psychiatric | 26 | | treatment; or treatment
for drug addiction or alcoholism;
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| 1 | | (5) attend or reside in a facility established for the | 2 | | instruction
or residence of defendants on probation;
| 3 | | (6) support his dependents;
| 4 | | (7) and in addition, if a minor:
| 5 | | (i) reside with his parents or in a foster home;
| 6 | | (ii) attend school;
| 7 | | (iii) attend a non-residential program for youth;
| 8 | | (iv) contribute to his own support at home or in a | 9 | | foster home;
| 10 | | (v) with the consent of the superintendent of the
| 11 | | facility, attend an educational program at a facility | 12 | | other than the school
in which the
offense was | 13 | | committed if he
or she is convicted of a crime of | 14 | | violence as
defined in
Section 2 of the Crime Victims | 15 | | Compensation Act committed in a school, on the
real
| 16 | | property
comprising a school, or within 1,000 feet of | 17 | | the real property comprising a
school;
| 18 | | (8) make restitution as provided in Section 5-5-6 of | 19 | | this Code;
| 20 | | (9) perform some reasonable public or community | 21 | | service;
| 22 | | (10) serve a term of home confinement. In addition to | 23 | | any other
applicable condition of probation or conditional | 24 | | discharge, the
conditions of home confinement shall be that | 25 | | the offender:
| 26 | | (i) remain within the interior premises of the |
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| 1 | | place designated for
his confinement during the hours | 2 | | designated by the court;
| 3 | | (ii) admit any person or agent designated by the | 4 | | court into the
offender's place of confinement at any | 5 | | time for purposes of verifying
the offender's | 6 | | compliance with the conditions of his confinement; and
| 7 | | (iii) if further deemed necessary by the court or | 8 | | the
Probation or
Court Services Department, be placed | 9 | | on an approved
electronic monitoring device, subject | 10 | | to Article 8A of Chapter V;
| 11 | | (iv) for persons convicted of any alcohol, | 12 | | cannabis or controlled
substance violation who are | 13 | | placed on an approved monitoring device as a
condition | 14 | | of probation or conditional discharge, the court shall | 15 | | impose a
reasonable fee for each day of the use of the | 16 | | device, as established by the
county board in | 17 | | subsection (g) of this Section, unless after | 18 | | determining the
inability of the offender to pay the | 19 | | fee, the court assesses a lesser fee or no
fee as the | 20 | | case may be. This fee shall be imposed in addition to | 21 | | the fees
imposed under subsections (g) and (i) of this | 22 | | Section. The fee shall be
collected by the clerk of the | 23 | | circuit court. The clerk of the circuit
court shall pay | 24 | | all monies collected from this fee to the county | 25 | | treasurer
for deposit in the substance abuse services | 26 | | fund under Section 5-1086.1 of
the Counties Code; and
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| 1 | | (v) for persons convicted of offenses other than | 2 | | those referenced in
clause (iv) above and who are | 3 | | placed on an approved monitoring device as a
condition | 4 | | of probation or conditional discharge, the court shall | 5 | | impose
a reasonable fee for each day of the use of the | 6 | | device, as established by the
county board in | 7 | | subsection (g) of this Section, unless after | 8 | | determining the
inability of the defendant to pay the | 9 | | fee, the court assesses a lesser fee or
no fee as the | 10 | | case may be. This fee shall be imposed in addition to | 11 | | the fees
imposed under subsections (g) and (i) of this | 12 | | Section. The fee
shall be collected by the clerk of the | 13 | | circuit court. The clerk of the circuit
court shall pay | 14 | | all monies collected from this fee
to the county | 15 | | treasurer who shall use the monies collected to defray | 16 | | the
costs of corrections. The county treasurer shall | 17 | | deposit the fee
collected in the probation and court | 18 | | services fund.
| 19 | | (11) comply with the terms and conditions of an order | 20 | | of protection issued
by the court pursuant to the Illinois | 21 | | Domestic Violence Act of 1986,
as now or hereafter amended, | 22 | | or an order of protection issued by the court of
another | 23 | | state, tribe, or United States territory. A copy of the | 24 | | order of
protection shall be
transmitted to the probation | 25 | | officer or agency
having responsibility for the case;
| 26 | | (12) reimburse any "local anti-crime program" as |
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| 1 | | defined in Section 7
of the Anti-Crime Advisory Council Act | 2 | | for any reasonable expenses incurred
by the program on the | 3 | | offender's case, not to exceed the maximum amount of
the | 4 | | fine authorized for the offense for which the defendant was | 5 | | sentenced;
| 6 | | (13) contribute a reasonable sum of money, not to | 7 | | exceed the maximum
amount of the fine authorized for the
| 8 | | offense for which the defendant was sentenced, (i) to a | 9 | | "local anti-crime
program", as defined in Section 7 of the | 10 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 11 | | the jurisdiction of the Department of Natural Resources, to | 12 | | the fund established by the Department of Natural Resources | 13 | | for the purchase of evidence for investigation purposes and | 14 | | to conduct investigations as outlined in Section 805-105 of | 15 | | the Department of Natural Resources (Conservation) Law;
| 16 | | (14) refrain from entering into a designated | 17 | | geographic area except upon
such terms as the court finds | 18 | | appropriate. Such terms may include
consideration of the | 19 | | purpose of the entry, the time of day, other persons
| 20 | | accompanying the defendant, and advance approval by a
| 21 | | probation officer, if
the defendant has been placed on | 22 | | probation or advance approval by the
court, if the | 23 | | defendant was placed on conditional discharge;
| 24 | | (15) refrain from having any contact, directly or | 25 | | indirectly, with
certain specified persons or particular | 26 | | types of persons, including but not
limited to members of |
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| 1 | | street gangs and drug users or dealers;
| 2 | | (16) refrain from having in his or her body the | 3 | | presence of any illicit
drug prohibited by the Cannabis | 4 | | Control Act, the Illinois Controlled
Substances Act, or the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | unless prescribed by a physician, and submit samples of
his | 7 | | or her blood or urine or both for tests to determine the | 8 | | presence of any
illicit drug;
| 9 | | (17) if convicted for an offense committed on or after | 10 | | June 1, 2008 (the effective date of Public Act 95-464) that | 11 | | would qualify the accused as a child sex offender as | 12 | | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 13 | | 1961, refrain from communicating with or contacting, by | 14 | | means of the Internet, a person who is related to the | 15 | | accused and whom the accused reasonably believes to be | 16 | | under 18 years of age; for purposes of this paragraph (17), | 17 | | "Internet" has the meaning ascribed to it in Section 16-0.1 | 18 | | of the Criminal Code of 1961; and a person is related to | 19 | | the accused if the person is: (i) the spouse, brother, or | 20 | | sister of the accused; (ii) a descendant of the accused; | 21 | | (iii) a first or second cousin of the accused; or (iv) a | 22 | | step-child or adopted child of the accused; | 23 | | (18) if convicted for an offense committed on or after | 24 | | June 1, 2009 (the effective date of Public Act 95-983) that | 25 | | would qualify as a sex offense as defined in the Sex | 26 | | Offender Registration Act: |
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| 1 | | (i) not access or use a computer or any other | 2 | | device with Internet capability without the prior | 3 | | written approval of the offender's probation officer, | 4 | | except in connection with the offender's employment or | 5 | | search for employment with the prior approval of the | 6 | | offender's probation officer; | 7 | | (ii) submit to periodic unannounced examinations | 8 | | of the offender's computer or any other device with | 9 | | Internet capability by the offender's probation | 10 | | officer, a law enforcement officer, or assigned | 11 | | computer or information technology specialist, | 12 | | including the retrieval and copying of all data from | 13 | | the computer or device and any internal or external | 14 | | peripherals and removal of such information, | 15 | | equipment, or device to conduct a more thorough | 16 | | inspection; | 17 | | (iii) submit to the installation on the offender's | 18 | | computer or device with Internet capability, at the | 19 | | subject's expense, of one or more hardware or software | 20 | | systems to monitor the Internet use; and | 21 | | (iv) submit to any other appropriate restrictions | 22 | | concerning the offender's use of or access to a | 23 | | computer or any other device with Internet capability | 24 | | imposed by the offender's probation officer; and | 25 | | (19) refrain from possessing a firearm or other | 26 | | dangerous weapon where the offense is a misdemeanor that |
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| 1 | | did not involve the intentional or knowing infliction of | 2 | | bodily harm or threat of bodily harm. | 3 | | (c) The court may as a condition of probation or of | 4 | | conditional
discharge require that a person under 18 years of | 5 | | age found guilty of any
alcohol, cannabis or controlled | 6 | | substance violation, refrain from acquiring
a driver's license | 7 | | during
the period of probation or conditional discharge. If | 8 | | such person
is in possession of a permit or license, the court | 9 | | may require that
the minor refrain from driving or operating | 10 | | any motor vehicle during the
period of probation or conditional | 11 | | discharge, except as may be necessary in
the course of the | 12 | | minor's lawful employment.
| 13 | | (d) An offender sentenced to probation or to conditional | 14 | | discharge
shall be given a certificate setting forth the | 15 | | conditions thereof.
| 16 | | (e) Except where the offender has committed a fourth or | 17 | | subsequent
violation of subsection (c) of Section 6-303 of the | 18 | | Illinois Vehicle Code,
the court shall not require as a | 19 | | condition of the sentence of
probation or conditional discharge | 20 | | that the offender be committed to a
period of imprisonment in | 21 | | excess of 6 months.
This 6 month limit shall not include | 22 | | periods of confinement given pursuant to
a sentence of county | 23 | | impact incarceration under Section 5-8-1.2.
| 24 | | Persons committed to imprisonment as a condition of | 25 | | probation or
conditional discharge shall not be committed to | 26 | | the Department of
Corrections.
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| 1 | | (f) The court may combine a sentence of periodic | 2 | | imprisonment under
Article 7 or a sentence to a county impact | 3 | | incarceration program under
Article 8 with a sentence of | 4 | | probation or conditional discharge.
| 5 | | (g) An offender sentenced to probation or to conditional | 6 | | discharge and
who during the term of either undergoes mandatory | 7 | | drug or alcohol testing,
or both, or is assigned to be placed | 8 | | on an approved electronic monitoring
device, shall be ordered | 9 | | to pay all costs incidental to such mandatory drug
or alcohol | 10 | | testing, or both, and all costs
incidental to such approved | 11 | | electronic monitoring in accordance with the
defendant's | 12 | | ability to pay those costs. The county board with
the | 13 | | concurrence of the Chief Judge of the judicial
circuit in which | 14 | | the county is located shall establish reasonable fees for
the | 15 | | cost of maintenance, testing, and incidental expenses related | 16 | | to the
mandatory drug or alcohol testing, or both, and all | 17 | | costs incidental to
approved electronic monitoring, involved | 18 | | in a successful probation program
for the county. The | 19 | | concurrence of the Chief Judge shall be in the form of
an | 20 | | administrative order.
The fees shall be collected by the clerk | 21 | | of the circuit court. The clerk of
the circuit court shall pay | 22 | | all moneys collected from these fees to the county
treasurer | 23 | | who shall use the moneys collected to defray the costs of
drug | 24 | | testing, alcohol testing, and electronic monitoring.
The | 25 | | county treasurer shall deposit the fees collected in the
county | 26 | | working cash fund under Section 6-27001 or Section 6-29002 of |
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| 1 | | the
Counties Code, as the case may be.
| 2 | | (h) Jurisdiction over an offender may be transferred from | 3 | | the
sentencing court to the court of another circuit with the | 4 | | concurrence of
both courts. Further transfers or retransfers of
| 5 | | jurisdiction are also
authorized in the same manner. The court | 6 | | to which jurisdiction has been
transferred shall have the same | 7 | | powers as the sentencing court.
The probation department within | 8 | | the circuit to which jurisdiction has been transferred may | 9 | | impose probation fees upon receiving the transferred offender, | 10 | | as provided in subsection (i). The probation department from | 11 | | the original sentencing court shall retain all probation fees | 12 | | collected prior to the transfer.
| 13 | | (i) The court shall impose upon an offender
sentenced to | 14 | | probation after January 1, 1989 or to conditional discharge
| 15 | | after January 1, 1992 or to community service under the | 16 | | supervision of a
probation or court services department after | 17 | | January 1, 2004, as a condition of such probation or | 18 | | conditional
discharge or supervised community service, a fee of | 19 | | $50
for each month of probation or
conditional
discharge | 20 | | supervision or supervised community service ordered by the | 21 | | court, unless after
determining the inability of the person | 22 | | sentenced to probation or conditional
discharge or supervised | 23 | | community service to pay the
fee, the court assesses a lesser | 24 | | fee. The court may not impose the fee on a
minor who is made a | 25 | | ward of the State under the Juvenile Court Act of 1987
while | 26 | | the minor is in placement.
The fee shall be imposed only upon
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| 1 | | an offender who is actively supervised by the
probation and | 2 | | court services
department. The fee shall be collected by the | 3 | | clerk
of the circuit court. The clerk of the circuit court | 4 | | shall pay all monies
collected from this fee to the county | 5 | | treasurer for deposit in the
probation and court services fund | 6 | | under Section 15.1 of the
Probation and Probation Officers Act.
| 7 | | A circuit court may not impose a probation fee under this | 8 | | subsection (i) in excess of $25
per month unless the circuit | 9 | | court has adopted, by administrative
order issued by the chief | 10 | | judge, a standard probation fee guide
determining an offender's | 11 | | ability to pay Of the
amount collected as a probation fee, up | 12 | | to $5 of that fee
collected per month may be used to provide | 13 | | services to crime victims
and their families. | 14 | | The Court may only waive probation fees based on an | 15 | | offender's ability to pay. The probation department may | 16 | | re-evaluate an offender's ability to pay every 6 months, and, | 17 | | with the approval of the Director of Court Services or the | 18 | | Chief Probation Officer, adjust the monthly fee amount. An | 19 | | offender may elect to pay probation fees due in a lump sum.
Any | 20 | | offender that has been assigned to the supervision of a | 21 | | probation department, or has been transferred either under | 22 | | subsection (h) of this Section or under any interstate compact, | 23 | | shall be required to pay probation fees to the department | 24 | | supervising the offender, based on the offender's ability to | 25 | | pay.
| 26 | | This amendatory Act of the 93rd General Assembly deletes |
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| 1 | | the $10 increase in the fee under this subsection that was | 2 | | imposed by Public Act 93-616. This deletion is intended to | 3 | | control over any other Act of the 93rd General Assembly that | 4 | | retains or incorporates that fee increase. | 5 | | (i-5) In addition to the fees imposed under subsection (i) | 6 | | of this Section, in the case of an offender convicted of a | 7 | | felony sex offense (as defined in the Sex Offender Management | 8 | | Board Act) or an offense that the court or probation department | 9 | | has determined to be sexually motivated (as defined in the Sex | 10 | | Offender Management Board Act), the court or the probation | 11 | | department shall assess additional fees to pay for all costs of | 12 | | treatment, assessment, evaluation for risk and treatment, and | 13 | | monitoring the offender, based on that offender's ability to | 14 | | pay those costs either as they occur or under a payment plan. | 15 | | (j) All fines and costs imposed under this Section for any | 16 | | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 17 | | Code, or a similar
provision of a local ordinance, and any | 18 | | violation of the Child Passenger
Protection Act, or a similar | 19 | | provision of a local ordinance, shall be
collected and | 20 | | disbursed by the circuit clerk as provided under Section 27.5
| 21 | | of the Clerks of Courts Act.
| 22 | | (k) Any offender who is sentenced to probation or | 23 | | conditional discharge for a felony sex offense as defined in | 24 | | the Sex Offender Management Board Act or any offense that the | 25 | | court or probation department has determined to be sexually | 26 | | motivated as defined in the Sex Offender Management Board Act |
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| 1 | | shall be required to refrain from any contact, directly or | 2 | | indirectly, with any persons specified by the court and shall | 3 | | be available for all evaluations and treatment programs | 4 | | required by the court or the probation department.
| 5 | | (l) The court may order an offender who is sentenced to | 6 | | probation or conditional
discharge for a violation of an order | 7 | | of protection be placed under electronic surveillance as | 8 | | provided in Section 5-8A-7 of this Code. | 9 | | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | 10 | | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | 11 | | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | 12 | | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | 13 | | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | 14 | | revised 9-14-11.) | 15 | | Section 30. The Stalking No Contact Order Act is amended by | 16 | | changing Section 80 as follows: | 17 | | (740 ILCS 21/80)
| 18 | | Sec. 80. Stalking no contact orders; remedies. | 19 | | (a) If the court finds that the petitioner has been a | 20 | | victim of stalking, a stalking no contact order shall issue; | 21 | | provided that the petitioner must also satisfy the requirements | 22 | | of Section 95 on emergency orders or Section 100 on plenary | 23 | | orders. The petitioner shall not be denied a stalking no | 24 | | contact order because the petitioner or the respondent is a |
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| 1 | | minor. The court, when determining whether or not to issue a | 2 | | stalking no contact order, may not require physical injury on | 3 | | the person of the petitioner. Modification and extension of | 4 | | prior stalking no contact orders shall be in accordance with | 5 | | this Act. | 6 | | (b) A stalking no contact order shall order one or more of | 7 | | the following: | 8 | | (1) prohibit the respondent from threatening to commit | 9 | | or committing stalking; | 10 | | (2) order the respondent not to have any contact with | 11 | | the petitioner or a third person specifically named by the | 12 | | court; | 13 | | (3) prohibit the respondent from knowingly coming | 14 | | within, or knowingly remaining within a specified distance | 15 | | of the petitioner or the petitioner's residence, school, | 16 | | daycare, or place of employment, or any specified place | 17 | | frequented by the petitioner; however, the court may order | 18 | | the respondent to stay away from the respondent's own | 19 | | residence, school, or place of employment only if the | 20 | | respondent has been provided actual notice of the | 21 | | opportunity to appear and be heard on the petition; | 22 | | (4) prohibit the respondent from possessing a Firearm | 23 | | Owners Identification Card, or possessing or buying | 24 | | firearms; and | 25 | | (5) order other injunctive relief the court determines | 26 | | to be necessary to protect the petitioner or third party |
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| 1 | | specifically named by the court. | 2 | | (b-5) When the petitioner and the respondent attend the | 3 | | same public, private, or non-public elementary, middle, or high | 4 | | school, the court when issuing a stalking no contact order and | 5 | | providing relief shall consider the severity of the act, any | 6 | | continuing physical danger or emotional distress to the | 7 | | petitioner, the educational rights guaranteed to the | 8 | | petitioner and respondent under federal and State law, the | 9 | | availability of a transfer of the respondent to another school, | 10 | | a change of placement or a change of program of the respondent, | 11 | | the expense, difficulty, and educational disruption that would | 12 | | be caused by a transfer of the respondent to another school, | 13 | | and any other relevant facts of the case. The court may order | 14 | | that the respondent not attend the public, private, or | 15 | | non-public elementary, middle, or high school attended by the | 16 | | petitioner, order that the respondent accept a change of | 17 | | placement or program, as determined by the school district or | 18 | | private or non-public school, or place restrictions on the | 19 | | respondent's movements within the school attended by the | 20 | | petitioner.
The respondent bears the burden of proving by a | 21 | | preponderance of the evidence that a transfer, change of | 22 | | placement, or change of program of the respondent is not | 23 | | available. The respondent also bears the burden of production | 24 | | with respect to the expense, difficulty, and educational | 25 | | disruption that would be caused by a transfer of the respondent | 26 | | to another school. A transfer, change of placement, or change |
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| 1 | | of program is not unavailable to the respondent solely on the | 2 | | ground that the respondent does not agree with the school | 3 | | district's or private or non-public school's transfer, change | 4 | | of placement, or change of program or solely on the ground that | 5 | | the respondent fails or refuses to consent to or otherwise does | 6 | | not take an action required to effectuate a transfer, change of | 7 | | placement, or change of program.
When a court orders a | 8 | | respondent to stay away from the public, private, or non-public | 9 | | school attended by the petitioner and the respondent requests a | 10 | | transfer to another attendance center within the respondent's | 11 | | school district or private or non-public school, the school | 12 | | district or private or non-public school shall have sole | 13 | | discretion to determine the attendance center to which the | 14 | | respondent is transferred.
In the event the court order results | 15 | | in a transfer of the minor respondent to another attendance | 16 | | center, a change in the respondent's placement, or a change of | 17 | | the respondent's program, the parents, guardian, or legal | 18 | | custodian of the respondent is responsible for transportation | 19 | | and other costs associated with the transfer or change. | 20 | | (b-6) The court may order the parents, guardian, or legal | 21 | | custodian of a minor respondent to take certain actions or to | 22 | | refrain from taking certain actions to ensure that the | 23 | | respondent complies with the order. In the event the court | 24 | | orders a transfer of the respondent to another school, the | 25 | | parents, guardian, or legal custodian of the respondent are | 26 | | responsible for transportation and other costs associated with |
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| 1 | | the change of school by the respondent. | 2 | | (b-7) The court shall not hold a school district or private | 3 | | or non-public school or any of its employees in civil or | 4 | | criminal contempt unless the school district or private or | 5 | | non-public school has been allowed to intervene. | 6 | | (b-8) The court may hold the parents, guardian, or legal | 7 | | custodian of a minor respondent in civil or criminal contempt | 8 | | for a violation of any provision of any order entered under | 9 | | this Act for conduct of the minor respondent in violation of | 10 | | this Act if the
parents, guardian, or legal custodian directed, | 11 | | encouraged, or assisted the respondent minor in such conduct. | 12 | | (c) The court may award the petitioner costs and attorneys | 13 | | fees if a stalking no contact order is granted. | 14 | | (d) Monetary damages are not recoverable as a remedy. | 15 | | (e) If the stalking no contact order prohibits the | 16 | | respondent from possessing a Firearm Owner's Identification | 17 | | Card, or possessing or buying firearms; the court shall | 18 | | confiscate the respondent's Firearm Owner's Identification | 19 | | Card and immediately return the card to the Department of State | 20 | | Police Firearm Owner's Identification Card Office.
| 21 | | (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12.) | 22 | | Section 35. The Illinois Domestic Violence Act of 1986 is | 23 | | amended by changing Section 214 as follows:
| 24 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
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| 1 | | Sec. 214. Order of protection; remedies.
| 2 | | (a) Issuance of order. If the court finds that petitioner | 3 | | has been
abused by a family or household member or that | 4 | | petitioner is a high-risk
adult who has been abused, neglected, | 5 | | or exploited, as defined in this Act,
an order of protection | 6 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 7 | | provided that petitioner must also satisfy the requirements of
| 8 | | one of the following Sections, as appropriate: Section 217 on | 9 | | emergency
orders, Section 218 on interim orders, or Section 219 | 10 | | on plenary orders.
Petitioner shall not be denied an order of | 11 | | protection because petitioner or
respondent is a minor. The | 12 | | court, when determining whether or not to issue
an order of | 13 | | protection, shall not require physical manifestations of abuse
| 14 | | on the person of the victim. Modification and extension of | 15 | | prior
orders of protection shall be in accordance with this | 16 | | Act.
| 17 | | (b) Remedies and standards. The remedies to be included in | 18 | | an order of
protection shall be determined in accordance with | 19 | | this Section and one of
the following Sections, as appropriate: | 20 | | Section 217 on emergency orders,
Section 218 on interim orders, | 21 | | and Section 219 on plenary orders. The
remedies listed in this | 22 | | subsection shall be in addition to other civil or
criminal | 23 | | remedies available to petitioner.
| 24 | | (1) Prohibition of abuse, neglect, or exploitation. | 25 | | Prohibit
respondent's harassment, interference with | 26 | | personal liberty, intimidation
of a dependent, physical |
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| 1 | | abuse, or willful deprivation, neglect or
exploitation, as | 2 | | defined in this Act, or stalking of the petitioner, as | 3 | | defined
in Section 12-7.3 of the Criminal Code of 1961, if | 4 | | such abuse, neglect,
exploitation, or stalking has | 5 | | occurred or otherwise appears likely to occur if
not | 6 | | prohibited.
| 7 | | (2) Grant of exclusive possession of residence. | 8 | | Prohibit respondent from
entering or remaining in any | 9 | | residence, household, or premises of the petitioner,
| 10 | | including one owned or leased by respondent, if petitioner | 11 | | has a right to
occupancy thereof. The grant of exclusive | 12 | | possession of the residence, household, or premises shall | 13 | | not
affect title to real property, nor shall the court be | 14 | | limited by the standard
set forth in Section 701 of the | 15 | | Illinois Marriage and Dissolution of Marriage
Act.
| 16 | | (A) Right to occupancy. A party has a right to | 17 | | occupancy of a
residence or household if it is solely | 18 | | or jointly owned or leased by that
party, that party's | 19 | | spouse, a person with a legal duty to support that | 20 | | party or
a minor child in that party's care, or by any | 21 | | person or entity other than the
opposing party that | 22 | | authorizes that party's occupancy (e.g., a domestic
| 23 | | violence shelter). Standards set forth in subparagraph | 24 | | (B) shall not preclude
equitable relief.
| 25 | | (B) Presumption of hardships. If petitioner and | 26 | | respondent
each has the right to occupancy of a |
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| 1 | | residence or household, the court
shall balance (i) the | 2 | | hardships to respondent and any minor child or
| 3 | | dependent adult in respondent's care resulting from | 4 | | entry of this remedy with
(ii) the hardships to | 5 | | petitioner and any minor child or dependent adult in
| 6 | | petitioner's care resulting from continued exposure to | 7 | | the risk of abuse
(should petitioner remain at the | 8 | | residence or household) or from loss of
possession of | 9 | | the residence or household (should petitioner leave to | 10 | | avoid the
risk of abuse). When determining the balance | 11 | | of hardships, the court shall
also take into account | 12 | | the accessibility of the residence or household.
| 13 | | Hardships need not be balanced if respondent does not | 14 | | have a right to
occupancy.
| 15 | | The balance of hardships is presumed to favor | 16 | | possession by
petitioner unless the presumption is | 17 | | rebutted by a preponderance of the
evidence, showing | 18 | | that the hardships to respondent substantially | 19 | | outweigh
the hardships to petitioner and any minor | 20 | | child or dependent adult in
petitioner's care. The | 21 | | court, on the request of petitioner or on its own
| 22 | | motion, may order respondent to provide suitable, | 23 | | accessible, alternate housing
for petitioner instead | 24 | | of excluding respondent from a mutual residence or
| 25 | | household.
| 26 | | (3) Stay away order and additional prohibitions.
Order |
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| 1 | | respondent to stay away from petitioner or any other person
| 2 | | protected by the order of protection, or prohibit | 3 | | respondent from entering
or remaining present at | 4 | | petitioner's school, place of employment, or other
| 5 | | specified places at times when petitioner is present, or | 6 | | both, if
reasonable, given the balance of hardships. | 7 | | Hardships need not be balanced for
the court to enter a | 8 | | stay away order or prohibit entry if respondent has no
| 9 | | right to enter the premises.
| 10 | | (A) If an order of protection grants petitioner | 11 | | exclusive possession
of the residence, or prohibits | 12 | | respondent from entering the residence,
or orders | 13 | | respondent to stay away from petitioner or other
| 14 | | protected persons, then the court may allow respondent | 15 | | access to the
residence to remove items of clothing and | 16 | | personal adornment
used exclusively by respondent, | 17 | | medications, and other items as the court
directs. The | 18 | | right to access shall be exercised on only one occasion | 19 | | as the
court directs and in the presence of an | 20 | | agreed-upon adult third party or law
enforcement | 21 | | officer.
| 22 | | (B) When the petitioner and the respondent attend | 23 | | the same public, private, or non-public elementary, | 24 | | middle, or high school, the court when issuing an order | 25 | | of protection and providing relief shall consider the | 26 | | severity of the act, any continuing physical danger or |
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| 1 | | emotional distress to the petitioner, the educational | 2 | | rights guaranteed to the petitioner and respondent | 3 | | under federal and State law, the availability of a | 4 | | transfer of the respondent to another school, a change | 5 | | of placement or a change of program of the respondent, | 6 | | the expense, difficulty, and educational disruption | 7 | | that would be caused by a transfer of the respondent to | 8 | | another school, and any other relevant facts of the | 9 | | case. The court may order that the respondent not | 10 | | attend the public, private, or non-public elementary, | 11 | | middle, or high school attended by the petitioner, | 12 | | order that the respondent accept a change of placement | 13 | | or change of program, as determined by the school | 14 | | district or private or non-public school, or place | 15 | | restrictions on the respondent's movements within the | 16 | | school attended by the petitioner.
The respondent | 17 | | bears the burden of proving by a preponderance of the | 18 | | evidence that a transfer, change of placement, or | 19 | | change of program of the respondent is not available. | 20 | | The respondent also bears the burden of production with | 21 | | respect to the expense, difficulty, and educational | 22 | | disruption that would be caused by a transfer of the | 23 | | respondent to another school. A transfer, change of | 24 | | placement, or change of program is not unavailable to | 25 | | the respondent solely on the ground that the respondent | 26 | | does not agree with the school district's or private or |
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| 1 | | non-public school's transfer, change of placement, or | 2 | | change of program or solely on the ground that the | 3 | | respondent fails or refuses to consent or otherwise | 4 | | does not take an action required to effectuate a | 5 | | transfer, change of placement, or change of program.
| 6 | | When a court orders a respondent to stay away from the | 7 | | public, private, or non-public school attended by the | 8 | | petitioner and the respondent requests a transfer to | 9 | | another attendance center within the respondent's | 10 | | school district or private or non-public school, the | 11 | | school district or private or non-public school shall | 12 | | have sole discretion to determine the attendance | 13 | | center to which the respondent is transferred.
In the | 14 | | event the court order results in a transfer of the | 15 | | minor respondent to another attendance center, a | 16 | | change in the respondent's placement, or a change of | 17 | | the respondent's program, the parents, guardian, or | 18 | | legal custodian of the respondent is responsible for | 19 | | transportation and other costs associated with the | 20 | | transfer or change. | 21 | | (C) The court may order the parents, guardian, or | 22 | | legal custodian of a minor respondent to take certain | 23 | | actions or to refrain from taking certain actions to | 24 | | ensure that the respondent complies with the order. The | 25 | | court may order the parents, guardian, or legal | 26 | | custodian of a minor respondent to take certain actions |
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| 1 | | or to refrain from taking certain actions to ensure | 2 | | that the respondent complies with the order. In the | 3 | | event the court orders a transfer of the respondent to | 4 | | another school, the parents, guardian, or legal | 5 | | custodian of the respondent is responsible for | 6 | | transportation and other costs associated with the | 7 | | change of school by the respondent.
| 8 | | (4) Counseling. Require or recommend the respondent to | 9 | | undergo
counseling for a specified duration with a social | 10 | | worker, psychologist,
clinical psychologist, psychiatrist, | 11 | | family service agency, alcohol or
substance abuse program, | 12 | | mental health center guidance counselor, agency
providing | 13 | | services to elders, program designed for domestic violence
| 14 | | abusers or any other guidance service the court deems | 15 | | appropriate. The Court may order the respondent in any | 16 | | intimate partner relationship to report to an Illinois | 17 | | Department of Human Services protocol approved partner | 18 | | abuse intervention program for an assessment and to follow | 19 | | all recommended treatment.
| 20 | | (5) Physical care and possession of the minor child. In | 21 | | order to protect
the minor child from abuse, neglect, or | 22 | | unwarranted separation from the person
who has been the | 23 | | minor child's primary caretaker, or to otherwise protect | 24 | | the
well-being of the minor child, the court may do either | 25 | | or both of the
following: (i) grant petitioner physical | 26 | | care or possession of the minor child,
or both, or (ii) |
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| 1 | | order respondent to return a minor child to, or not remove | 2 | | a
minor child from, the physical care of a parent or person | 3 | | in loco parentis.
| 4 | | If 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 physical care to respondent would not
be in the | 8 | | minor child's best interest.
| 9 | | (6) Temporary legal custody. Award temporary legal | 10 | | custody to petitioner
in accordance with this Section, the | 11 | | Illinois Marriage and Dissolution of
Marriage Act, the | 12 | | Illinois Parentage Act of 1984, and this State's Uniform
| 13 | | Child-Custody Jurisdiction and Enforcement Act.
| 14 | | If a court finds, after a hearing, that respondent has | 15 | | committed abuse (as
defined in Section 103) of a minor | 16 | | child, there shall be a rebuttable
presumption that | 17 | | awarding temporary legal custody to respondent would not be | 18 | | in
the child's best interest.
| 19 | | (7) Visitation. Determine the visitation rights, if | 20 | | any, of respondent in
any case in which the court awards | 21 | | physical care or temporary legal custody of
a minor child | 22 | | to petitioner. The court shall restrict or deny | 23 | | respondent's
visitation with a minor child if the court | 24 | | finds that respondent has done or is
likely to do any of | 25 | | the following: (i) abuse or endanger the minor child during
| 26 | | visitation; (ii) use the visitation as an opportunity to |
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| 1 | | abuse or harass
petitioner or petitioner's family or | 2 | | household members; (iii) improperly
conceal or detain the | 3 | | minor child; or (iv) otherwise act in a manner that is
not | 4 | | in the best interests of the minor child. The court shall | 5 | | not be limited
by the standards set forth in Section 607.1 | 6 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 7 | | If the court grants visitation, the order shall
specify | 8 | | dates and times for the visitation to take place or other | 9 | | specific
parameters or conditions that are appropriate. No | 10 | | order for visitation shall
refer merely to the term | 11 | | "reasonable visitation".
| 12 | | Petitioner may deny respondent access to the minor | 13 | | child if, when
respondent arrives for visitation, | 14 | | respondent is under the influence of drugs
or alcohol and | 15 | | constitutes a threat to the safety and well-being of
| 16 | | petitioner or petitioner's minor children or is behaving in | 17 | | a violent or
abusive manner.
| 18 | | If necessary to protect any member of petitioner's | 19 | | family or
household from future abuse, respondent shall be | 20 | | prohibited from coming to
petitioner's residence to meet | 21 | | the minor child for visitation, and the
parties shall | 22 | | submit to the court their recommendations for reasonable
| 23 | | alternative arrangements for visitation. A person may be | 24 | | approved to
supervise visitation only after filing an | 25 | | affidavit accepting
that responsibility and acknowledging | 26 | | accountability to the court.
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| 1 | | (8) Removal or concealment of minor child. Prohibit | 2 | | respondent from
removing a minor child from the State or | 3 | | concealing the child within the State.
| 4 | | (9) Order to appear. Order the respondent to appear in | 5 | | court, alone
or with a minor child, to prevent abuse, | 6 | | neglect, removal or concealment of
the child, to return the | 7 | | child to the custody or care of the petitioner or
to permit | 8 | | any court-ordered interview or examination of the child or | 9 | | the
respondent.
| 10 | | (10) Possession of personal property. Grant petitioner | 11 | | exclusive
possession of personal property and, if | 12 | | respondent has possession or
control, direct respondent to | 13 | | promptly make it available to petitioner, if:
| 14 | | (i) petitioner, but not respondent, owns the | 15 | | property; or
| 16 | | (ii) the parties own the property jointly; sharing | 17 | | it would risk
abuse of petitioner by respondent or is | 18 | | impracticable; and the balance of
hardships favors | 19 | | temporary possession by petitioner.
| 20 | | If petitioner's sole claim to ownership of the property | 21 | | is that it is
marital property, the court may award | 22 | | petitioner temporary possession
thereof under the | 23 | | standards of subparagraph (ii) of this paragraph only if
a | 24 | | proper proceeding has been filed under the Illinois | 25 | | Marriage and
Dissolution of Marriage Act, as now or | 26 | | hereafter amended.
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| 1 | | No order under this provision shall affect title to | 2 | | property.
| 3 | | (11) Protection of property. Forbid the respondent | 4 | | from taking,
transferring, encumbering, concealing, | 5 | | damaging or otherwise disposing of
any real or personal | 6 | | property, except as explicitly authorized by the
court, if:
| 7 | | (i) petitioner, but not respondent, owns the | 8 | | property; or
| 9 | | (ii) the parties own the property jointly,
and the | 10 | | balance of hardships favors granting this remedy.
| 11 | | If petitioner's sole claim to ownership of the property | 12 | | is that it is
marital property, the court may grant | 13 | | petitioner relief under subparagraph
(ii) of this | 14 | | paragraph only if a proper proceeding has been filed under | 15 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 16 | | now or hereafter amended.
| 17 | | The court may further prohibit respondent from | 18 | | improperly using the
financial or other resources of an | 19 | | aged member of the family or household
for the profit or | 20 | | advantage of respondent or of any other person.
| 21 | | (11.5) Protection of animals. Grant the petitioner the | 22 | | exclusive care, custody, or control of any animal owned, | 23 | | possessed, leased, kept, or held by either the petitioner | 24 | | or the respondent or a minor child residing in the | 25 | | residence or household of either the petitioner or the | 26 | | respondent and order the respondent to stay away from the |
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| 1 | | animal and forbid the respondent from taking, | 2 | | transferring, encumbering, concealing, harming, or | 3 | | otherwise disposing of the animal.
| 4 | | (12) Order for payment of support. Order respondent to | 5 | | pay temporary
support for the petitioner or any child in | 6 | | the petitioner's care or
custody, when the respondent has a | 7 | | legal obligation to support that person,
in accordance with | 8 | | the Illinois Marriage and Dissolution
of Marriage Act, | 9 | | which shall govern, among other matters, the amount of
| 10 | | support, payment through the clerk and withholding of | 11 | | income to secure
payment. An order for child support may be | 12 | | granted to a petitioner with
lawful physical care or | 13 | | custody of a child, or an order or agreement for
physical | 14 | | care or custody, prior to entry of an order for legal | 15 | | custody.
Such a support order shall expire upon entry of a | 16 | | valid order granting
legal custody to another, unless | 17 | | otherwise provided in the custody 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, neglect, or exploitation.
Such losses shall | 21 | | include, but not be limited to, medical expenses, lost
| 22 | | earnings or other support, repair or replacement of | 23 | | property damaged or taken,
reasonable attorney's fees, | 24 | | court costs and moving or other travel expenses,
including | 25 | | additional reasonable expenses for temporary shelter and | 26 | | restaurant
meals.
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| 1 | | (i) Losses affecting family needs. If a party is | 2 | | entitled to seek
maintenance, child support or | 3 | | property distribution from the other party
under the | 4 | | Illinois Marriage and Dissolution of Marriage Act, as | 5 | | now or
hereafter amended, the court may order | 6 | | respondent to reimburse petitioner's
actual losses, to | 7 | | the extent that such reimbursement would be | 8 | | "appropriate
temporary relief", as authorized by | 9 | | subsection (a)(3) of Section 501 of
that Act.
| 10 | | (ii) Recovery of expenses. In the case of an | 11 | | improper concealment
or removal of a minor child, the | 12 | | court may order respondent to pay the
reasonable | 13 | | expenses incurred or to be incurred in the search for | 14 | | and recovery
of the minor child, including but not | 15 | | limited to legal fees, court costs,
private | 16 | | investigator fees, and travel costs.
| 17 | | (14) Prohibition of entry. Prohibit the respondent | 18 | | from entering or
remaining in the residence or household | 19 | | while the respondent is under the
influence of alcohol or | 20 | | drugs and constitutes a threat to the safety and
well-being | 21 | | of the petitioner or the petitioner's children.
| 22 | | (14.5) Prohibition of firearm possession.
| 23 | | (a) Prohibit a respondent against whom an order of | 24 | | protection was issued from possessing any firearms | 25 | | during the duration of the order if the order: | 26 | | (1) was issued after a hearing of which such |
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| 1 | | person received
actual notice, and at which such | 2 | | person had an opportunity to
participate; | 3 | | (2) restrains such person from harassing, | 4 | | stalking, or
threatening an intimate partner of | 5 | | such person or child of such
intimate partner or | 6 | | person, or engaging in other conduct that
would | 7 | | place an intimate partner in reasonable fear of | 8 | | bodily
injury to the partner or child; and | 9 | | (3)(i) includes a finding that such person | 10 | | represents a
credible threat to the physical | 11 | | safety of such intimate partner
or child; or
(ii) | 12 | | by its terms explicitly prohibits the use, | 13 | | attempted
use, or threatened use of physical force | 14 | | against such intimate
partner or child that would | 15 | | reasonably be expected to cause
bodily injury. | 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 . The | 20 | | local law enforcement agency shall immediately mail | 21 | | the card to the Department of State Police Firearm | 22 | | Owner's Identification Card Office
for safekeeping. | 23 | | The court shall
issue a warrant for seizure of any | 24 | | firearm and Firearm Owner's Identification Card in the | 25 | | possession of the respondent, to be kept by the local | 26 | | law enforcement agency for safekeeping, except as |
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| 1 | | provided in subsection (b).
The period of safekeeping | 2 | | shall be for the duration of the order of protection. | 3 | | The firearm or firearms and Firearm Owner's | 4 | | Identification Card , if unexpired, shall at the | 5 | | respondent's request, shall be returned to the | 6 | | respondent at the end
of the order of protection. It is | 7 | | the respondent's responsibility to notify the | 8 | | Department of State Police Firearm Owner's | 9 | | Identification Card Office.
| 10 | | (b) If the respondent is a peace officer as defined | 11 | | in Section 2-13 of
the
Criminal Code of 1961, the court | 12 | | shall order that any firearms used by the
respondent in | 13 | | the performance of his or her duties as a
peace officer | 14 | | be surrendered to
the chief law enforcement executive | 15 | | of the agency in which the respondent is
employed, who | 16 | | shall retain the firearms for safekeeping for the | 17 | | duration of the order of protection.
| 18 | | (c) Upon expiration of the period of safekeeping, | 19 | | if the firearms or Firearm Owner's Identification Card | 20 | | cannot be returned to respondent because respondent | 21 | | cannot be located, fails to respond to requests to | 22 | | retrieve the firearms, or is not lawfully eligible to | 23 | | possess a firearm, upon petition from the local law | 24 | | enforcement agency, the court may order the local law | 25 | | enforcement agency to destroy the firearms, use the | 26 | | firearms for training purposes, or for any other |
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| 1 | | application as deemed appropriate by the local law | 2 | | enforcement agency; or that the firearms be turned over | 3 | | to a third party who is lawfully eligible to possess | 4 | | firearms, and who does not reside with 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 minor | 10 | | child, the order shall deny respondent access to, and
| 11 | | 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 of | 22 | | a family or household member
or further abuse, neglect, or | 23 | | exploitation of a high-risk adult with
disabilities or to | 24 | | effectuate one of the granted remedies, if supported by the
| 25 | | balance of hardships. If the harm to be prevented by the | 26 | | 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 | | (c) Relevant factors; findings.
| 5 | | (1) In determining whether to grant a specific remedy, | 6 | | other than
payment of support, the court shall consider
| 7 | | relevant factors, including but not limited to the | 8 | | following:
| 9 | | (i) the nature, frequency, severity, pattern and | 10 | | consequences of the
respondent's past abuse, neglect | 11 | | or exploitation of the petitioner or
any family or | 12 | | household member, including the concealment of his or | 13 | | her
location in order to evade service of process or | 14 | | notice, and the likelihood of
danger of future abuse, | 15 | | neglect, or exploitation to petitioner or any member of
| 16 | | petitioner's or respondent's family or household; and
| 17 | | (ii) the danger that any minor child will be abused | 18 | | or neglected or
improperly removed 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
or | 3 | | 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) of | 14 | | 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 order | 22 | | of protection,
the court, as an alternative to or as a | 23 | | supplement to making the findings
described in paragraphs | 24 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 25 | | 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 marriage | 12 | | attach to a putative father until a father and
child | 13 | | relationship has been established under the Illinois | 14 | | Parentage Act of
1984, the Illinois Public Aid Code, | 15 | | Section 12 of the Vital Records Act, the
Juvenile Court Act | 16 | | of 1987, the Probate Act of 1985, the Revised Uniform
| 17 | | Reciprocal Enforcement of Support Act, the Uniform | 18 | | Interstate Family Support
Act, the Expedited Child Support | 19 | | Act of 1990, any judicial, administrative, or
other act of | 20 | | another state or territory, any other Illinois statute, or | 21 | | by any
foreign nation establishing the father and child | 22 | | relationship, any other
proceeding substantially in | 23 | | conformity with the Personal Responsibility and
Work | 24 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 25 | | or where both
parties appeared in open court or at an | 26 | | administrative hearing acknowledging
under
oath or |
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| 1 | | admitting by affirmation the existence of a father and | 2 | | child
relationship.
Absent such an adjudication, finding, | 3 | | or acknowledgement, no putative
father shall be granted
| 4 | | temporary custody of the minor child, visitation with the | 5 | | minor child, or
physical care and possession of the minor | 6 | | child, nor shall an order of payment
for support of the | 7 | | minor child be entered.
| 8 | | (d) Balance of hardships; findings. If the court finds that | 9 | | the balance
of hardships does not support the granting of a | 10 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 11 | | subsection (b) of this Section,
which may require such | 12 | | balancing, the court's findings shall so
indicate and shall | 13 | | include a finding as to whether granting the remedy will
result | 14 | | in hardship to respondent that would substantially outweigh the | 15 | | hardship
to petitioner from denial of the remedy. The findings | 16 | | shall be an official
record or in writing.
| 17 | | (e) Denial of remedies. Denial of any remedy shall not be | 18 | | based, in
whole or in part, on evidence that:
| 19 | | (1) Respondent has cause for any use of force, unless | 20 | | that cause
satisfies the standards for justifiable use of | 21 | | force provided by Article
VII of the Criminal Code of 1961;
| 22 | | (2) Respondent was voluntarily intoxicated;
| 23 | | (3) Petitioner acted in self-defense or defense of | 24 | | another, provided
that, if petitioner utilized force, such | 25 | | force was justifiable under
Article VII of the Criminal | 26 | | Code of 1961;
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| 1 | | (4) Petitioner did not act in self-defense or defense | 2 | | of another;
| 3 | | (5) Petitioner left the residence or household to avoid | 4 | | further abuse,
neglect, or exploitation by respondent;
| 5 | | (6) Petitioner did not leave the residence or household | 6 | | to avoid further
abuse, neglect, or exploitation by | 7 | | respondent;
| 8 | | (7) Conduct by any family or household member excused | 9 | | the abuse,
neglect, or exploitation by respondent, unless | 10 | | that same conduct would have
excused such abuse, neglect, | 11 | | or exploitation if the parties had not been
family or | 12 | | household members.
| 13 | | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | 14 | | 97-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)
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