Full Text of HB3365 97th General Assembly
HB3365enr 97TH GENERAL ASSEMBLY |
| | HB3365 Enrolled | | LRB097 08563 RLC 50992 b |
|
| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 8 | | Identification Card must:
| 9 | | (1) Make application on blank forms prepared and | 10 | | furnished at convenient
locations throughout the State by | 11 | | the Department of State Police, or by
electronic means, if | 12 | | and when made available by the Department of State
Police; | 13 | | and
| 14 | | (2) Submit evidence to the Department of State Police | 15 | | that:
| 16 | | (i) He or she is 21 years of age or over, or if he | 17 | | or she is under 21
years of age that he or she has the | 18 | | written consent of his or her parent or
legal guardian | 19 | | to possess and acquire firearms and firearm ammunition | 20 | | and that
he or she has never been convicted of a | 21 | | misdemeanor other than a traffic
offense or adjudged
| 22 | | delinquent, provided, however, that such parent or | 23 | | legal guardian is not an
individual prohibited from |
| | | HB3365 Enrolled | - 2 - | LRB097 08563 RLC 50992 b |
|
| 1 | | having a Firearm Owner's Identification Card and
files | 2 | | an affidavit with the Department as prescribed by the | 3 | | Department
stating that he or she is not an individual | 4 | | prohibited from having a Card;
| 5 | | (ii) He or she has not been convicted of a felony | 6 | | under the laws of
this or any other jurisdiction;
| 7 | | (iii) He or she is not addicted to narcotics;
| 8 | | (iv) He or she has not been a patient in a mental | 9 | | institution within
the past 5 years and he or she has | 10 | | not been adjudicated as a mental defective;
| 11 | | (v) He or she is not mentally retarded;
| 12 | | (vi) He or she is not an alien who is unlawfully | 13 | | present in the
United States under the laws of the | 14 | | United States;
| 15 | | (vii) He or she is not subject to an existing order | 16 | | of protection
prohibiting him or her from possessing a | 17 | | firearm;
| 18 | | (viii) He or she has not been convicted within the | 19 | | past 5 years of
battery, assault, aggravated assault, | 20 | | violation of an order of
protection, or a substantially | 21 | | similar offense in another jurisdiction, in
which a | 22 | | firearm was used or possessed;
| 23 | | (ix) He or she has not been convicted of domestic | 24 | | battery , aggravated domestic battery, or a
| 25 | | substantially similar offense in another
jurisdiction | 26 | | committed before, on or after the effective date of |
| | | HB3365 Enrolled | - 3 - | LRB097 08563 RLC 50992 b |
|
| 1 | | this amendatory Act
of the 97th General Assembly 1997 ;
| 2 | | (x) (Blank) He or she has not been convicted within | 3 | | the past 5 years of domestic
battery or a substantially | 4 | | similar offense in another jurisdiction committed
| 5 | | before the effective date of this amendatory Act of | 6 | | 1997 ;
| 7 | | (xi) He or she is not an alien who has been | 8 | | admitted to the United
States under a non-immigrant | 9 | | visa (as that term is defined in Section
101(a)(26) of | 10 | | the Immigration and Nationality Act (8 U.S.C. | 11 | | 1101(a)(26))),
or that he or she is an alien who has | 12 | | been lawfully admitted to the United
States under a | 13 | | non-immigrant visa if that alien is:
| 14 | | (1) admitted to the United States for lawful | 15 | | hunting or sporting
purposes;
| 16 | | (2) an official representative of a foreign | 17 | | government who is:
| 18 | | (A) accredited to the United States | 19 | | Government or the Government's
mission to an | 20 | | international organization having its | 21 | | headquarters in the United
States; or
| 22 | | (B) en route to or from another country to | 23 | | which that alien is
accredited;
| 24 | | (3) an official of a foreign government or | 25 | | distinguished foreign
visitor who has been so | 26 | | designated by the Department of State;
|
| | | HB3365 Enrolled | - 4 - | LRB097 08563 RLC 50992 b |
|
| 1 | | (4) a foreign law enforcement officer of a | 2 | | friendly foreign
government entering the United | 3 | | States on official business; or
| 4 | | (5) one who has received a waiver from the | 5 | | Attorney General of the
United States pursuant to | 6 | | 18 U.S.C. 922(y)(3);
| 7 | | (xii) He or she is not a minor subject to a | 8 | | petition filed
under Section 5-520 of the Juvenile | 9 | | Court Act of 1987 alleging that the
minor is a | 10 | | delinquent minor for the commission of an offense that | 11 | | if
committed by an adult would be a felony; and
| 12 | | (xiii) He or she is not an adult who had been | 13 | | adjudicated a delinquent
minor under the Juvenile | 14 | | Court Act of 1987 for the commission of an offense
that | 15 | | if committed by an adult would be a felony; and
| 16 | | (3) Upon request by the Department of State Police, | 17 | | sign a release on a
form prescribed by the Department of | 18 | | State Police waiving any right to
confidentiality and | 19 | | requesting the disclosure to the Department of State Police
| 20 | | of limited mental health institution admission information | 21 | | from another state,
the District of Columbia, any other | 22 | | territory of the United States, or a
foreign nation | 23 | | concerning the applicant for the sole purpose of | 24 | | determining
whether the applicant is or was a patient in a | 25 | | mental health institution and
disqualified because of that | 26 | | status from receiving a Firearm Owner's
Identification |
| | | HB3365 Enrolled | - 5 - | LRB097 08563 RLC 50992 b |
|
| 1 | | Card. No mental health care or treatment records may be
| 2 | | requested. The information received shall be destroyed | 3 | | within one year of
receipt.
| 4 | | (a-5) Each applicant for a Firearm Owner's Identification | 5 | | Card who is over
the age of 18 shall furnish to the Department | 6 | | of State Police either his or
her driver's license number or | 7 | | Illinois Identification Card number.
| 8 | | (a-10) Each applicant for a Firearm Owner's Identification | 9 | | Card,
who is employed as an armed security officer at a nuclear | 10 | | energy,
storage, weapons, or development facility regulated by | 11 | | the Nuclear
Regulatory Commission and who is not an Illinois | 12 | | resident, shall furnish to
the Department of State Police his | 13 | | or her driver's license number or state
identification card | 14 | | number from his or her state of residence. The Department
of | 15 | | State Police may promulgate rules to enforce the provisions of | 16 | | this
subsection (a-10).
| 17 | | (b) Each application form shall include the following | 18 | | statement printed in
bold type: "Warning: Entering false | 19 | | information on an application for a Firearm
Owner's | 20 | | Identification Card is punishable as a Class 2 felony in | 21 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 22 | | Owners Identification Card
Act.".
| 23 | | (c) Upon such written consent, pursuant to Section 4, | 24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 25 | | consent shall be liable for any
damages resulting from the | 26 | | applicant's use of firearms or firearm ammunition.
|
| | | HB3365 Enrolled | - 6 - | LRB097 08563 RLC 50992 b |
|
| 1 | | (Source: P.A. 95-581, eff. 6-1-08 .)
| 2 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 3 | | Sec. 8. The Department of State Police has authority to | 4 | | deny an
application for or to revoke and seize a Firearm | 5 | | Owner's Identification
Card previously issued under this Act | 6 | | only if the Department finds that the
applicant or the person | 7 | | to whom such card was issued is or was at the time
of issuance:
| 8 | | (a) A person under 21 years of age who has been convicted | 9 | | of a
misdemeanor other than a traffic offense or adjudged | 10 | | delinquent;
| 11 | | (b) A person under 21 years of age who does not have the | 12 | | written consent
of his parent or guardian to acquire and | 13 | | possess firearms and firearm
ammunition, or whose parent or | 14 | | guardian has revoked such written consent,
or where such parent | 15 | | or guardian does not qualify to have a Firearm Owner's
| 16 | | Identification Card;
| 17 | | (c) A person convicted of a felony under the laws of this | 18 | | or any other
jurisdiction;
| 19 | | (d) A person addicted to narcotics;
| 20 | | (e) A person who has been a patient of a mental institution | 21 | | within the
past 5 years or has been adjudicated as a mental | 22 | | defective;
| 23 | | (f) A person whose mental condition is of such a nature | 24 | | that it poses
a clear and present danger to the applicant, any | 25 | | other person or persons or
the community;
|
| | | HB3365 Enrolled | - 7 - | LRB097 08563 RLC 50992 b |
|
| 1 | | For the purposes of this Section, "mental condition" means | 2 | | a state of
mind manifested by violent, suicidal, threatening or | 3 | | assaultive behavior.
| 4 | | (g) A person who is mentally retarded;
| 5 | | (h) A person who intentionally makes a false statement in | 6 | | the Firearm
Owner's Identification Card application;
| 7 | | (i) An alien who is unlawfully present in
the United States | 8 | | under the laws of the United States;
| 9 | | (i-5) An alien who has been admitted to the United States | 10 | | under a
non-immigrant visa (as that term is defined in Section | 11 | | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | 12 | | 1101(a)(26))), except that this
subsection (i-5) does not apply | 13 | | to any alien who has been lawfully admitted to
the United | 14 | | States under a non-immigrant visa if that alien is:
| 15 | | (1) admitted to the United States for lawful hunting or | 16 | | sporting purposes;
| 17 | | (2) an official representative of a foreign government | 18 | | who is:
| 19 | | (A) accredited to the United States Government or | 20 | | the Government's
mission to an international | 21 | | organization having its headquarters in the United
| 22 | | States; or
| 23 | | (B) en route to or from another country to which | 24 | | that alien is
accredited;
| 25 | | (3) an official of a foreign government or | 26 | | distinguished foreign visitor
who has been so designated by |
| | | HB3365 Enrolled | - 8 - | LRB097 08563 RLC 50992 b |
|
| 1 | | the Department of State;
| 2 | | (4) a foreign law enforcement officer of a friendly | 3 | | foreign government
entering the United States on official | 4 | | business; or
| 5 | | (5) one who has received a waiver from the Attorney | 6 | | General of the United
States pursuant to 18 U.S.C. | 7 | | 922(y)(3);
| 8 | | (j) (Blank);
| 9 | | (k) A person who has been convicted within the past 5 years | 10 | | of battery,
assault, aggravated assault, violation of an order | 11 | | of protection, or a
substantially similar offense in another | 12 | | jurisdiction, in which a firearm was
used or possessed;
| 13 | | (l) A person who has been convicted of domestic battery , | 14 | | aggravated domestic battery, or a substantially
similar | 15 | | offense in another jurisdiction committed before, on or after | 16 | | the effective date of this amendatory Act of the 97th General | 17 | | Assembly January 1,
1998 ;
| 18 | | (m) (Blank) A person who has been convicted within the past | 19 | | 5 years of domestic
battery or a substantially similar offense | 20 | | in another jurisdiction committed
before January 1, 1998 ;
| 21 | | (n) A person who is prohibited from acquiring or possessing
| 22 | | firearms or firearm ammunition by any Illinois State statute or | 23 | | by federal
law;
| 24 | | (o) A minor subject to a petition filed under Section 5-520 | 25 | | of the
Juvenile Court Act of 1987 alleging that the minor is a | 26 | | delinquent minor for
the commission of an offense that if |
| | | HB3365 Enrolled | - 9 - | LRB097 08563 RLC 50992 b |
|
| 1 | | committed by an adult would be a felony;
or
| 2 | | (p) An adult who had been adjudicated a delinquent minor | 3 | | under the Juvenile
Court Act of 1987 for the commission of an | 4 | | offense that if committed by an
adult would be a felony.
| 5 | | (Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
| 6 | | Section 10. The Code of Criminal Procedure of 1963 is | 7 | | amended by changing Section 112A-14 as follows:
| 8 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 9 | | Sec. 112A-14. Order of protection; remedies.
| 10 | | (a) Issuance of order. If the court finds that petitioner | 11 | | has been
abused by a family or household member, as defined in | 12 | | this Article, an
order of protection prohibiting such abuse | 13 | | shall issue; provided that
petitioner must also satisfy the | 14 | | requirements of one of the following
Sections, as appropriate: | 15 | | Section 112A-17 on emergency orders, Section
112A-18 on interim | 16 | | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | 17 | | not be denied an order of protection because petitioner or
| 18 | | respondent is a minor. The court, when determining whether or | 19 | | not to issue
an order of protection, shall not require physical | 20 | | manifestations of abuse
on the person of the victim. | 21 | | Modification and extension of prior orders of
protection shall | 22 | | be in accordance with this Article.
| 23 | | (b) Remedies and standards. The remedies to be included in | 24 | | an order of
protection shall be determined in accordance with |
| | | HB3365 Enrolled | - 10 - | LRB097 08563 RLC 50992 b |
|
| 1 | | this Section and one of
the following Sections, as appropriate: | 2 | | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | 3 | | orders, and Section 112A-19 on
plenary orders.
The remedies | 4 | | listed in this subsection shall be in addition to other civil
| 5 | | or criminal remedies available to petitioner.
| 6 | | (1) Prohibition of abuse. Prohibit respondent's | 7 | | harassment,
interference with personal liberty, | 8 | | intimidation of a dependent, physical
abuse or willful | 9 | | deprivation, as defined in this Article, if such abuse has
| 10 | | occurred or otherwise appears likely to occur if not | 11 | | prohibited.
| 12 | | (2) Grant of exclusive possession of residence. | 13 | | Prohibit respondent
from entering or remaining in any | 14 | | residence, household, or premises of the petitioner,
| 15 | | including one owned or leased by respondent, if petitioner | 16 | | has a right
to occupancy thereof. The grant of exclusive | 17 | | possession of the residence, household, or premises
shall | 18 | | not affect title to real property, nor shall the court be | 19 | | limited by
the standard set forth in Section 701 of the | 20 | | Illinois Marriage and
Dissolution of Marriage Act.
| 21 | | (A) Right to occupancy. A party has a right to | 22 | | occupancy of a
residence or household if it is
solely | 23 | | or jointly owned or leased by that party, that party's | 24 | | spouse, a
person with a legal duty to support that | 25 | | party or a minor child in that
party's care, or by any | 26 | | person or entity other than the opposing party that
|
| | | HB3365 Enrolled | - 11 - | LRB097 08563 RLC 50992 b |
|
| 1 | | authorizes that party's occupancy (e.g., a domestic | 2 | | violence shelter).
Standards set forth in subparagraph | 3 | | (B) shall not preclude equitable relief.
| 4 | | (B) Presumption of hardships. If petitioner and | 5 | | respondent
each has the right to occupancy of a | 6 | | residence or household, the court
shall balance (i) the | 7 | | hardships to respondent and any minor child or
| 8 | | dependent adult in respondent's care resulting from | 9 | | entry of this remedy with (ii)
the hardships to | 10 | | petitioner and any minor child or dependent adult in
| 11 | | petitioner's care resulting from continued exposure to | 12 | | the risk of abuse (should
petitioner remain at the | 13 | | residence or household) or from loss of possession
of | 14 | | the residence or household (should petitioner leave to | 15 | | avoid the risk
of abuse). When determining the balance | 16 | | of hardships, the court shall also
take into account | 17 | | the accessibility of the residence or household.
| 18 | | Hardships need not be balanced if respondent does not | 19 | | have a right to occupancy.
| 20 | | The balance of hardships is presumed to favor | 21 | | possession by
petitioner unless the presumption is | 22 | | rebutted by a preponderance of the
evidence, showing | 23 | | that the hardships to respondent substantially | 24 | | outweigh
the hardships to petitioner and any minor | 25 | | child or dependent adult in petitioner's
care. The | 26 | | court, on the request of petitioner or on its own |
| | | HB3365 Enrolled | - 12 - | LRB097 08563 RLC 50992 b |
|
| 1 | | motion,
may order respondent to provide suitable, | 2 | | accessible, alternate housing
for petitioner instead | 3 | | of
excluding respondent from a mutual residence or | 4 | | household.
| 5 | | (3) Stay away order and additional prohibitions.
Order | 6 | | respondent to stay away from petitioner or any other person
| 7 | | protected by the order of protection, or prohibit | 8 | | respondent from entering
or remaining present at | 9 | | petitioner's school, place of employment, or other
| 10 | | specified places at times when petitioner is present, or | 11 | | both, if
reasonable, given
the balance of hardships. | 12 | | Hardships need not be balanced for the court
to enter a | 13 | | stay away order or prohibit entry
if respondent has no | 14 | | right to enter the premises.
| 15 | | If an order of protection grants petitioner exclusive | 16 | | possession
of the residence, or prohibits respondent from | 17 | | entering the residence,
or orders respondent to stay away | 18 | | from petitioner or other
protected persons, then the court | 19 | | may allow respondent access to the
residence to remove | 20 | | items of clothing and personal adornment
used exclusively | 21 | | by respondent, medications, and other items as the court | 22 | | directs.
The right to access shall be exercised on only one | 23 | | occasion as the court directs
and in the presence of an | 24 | | agreed-upon adult third party or law enforcement officer.
| 25 | | (4) Counseling. Require or recommend the respondent to | 26 | | undergo
counseling for a specified duration with a social |
| | | HB3365 Enrolled | - 13 - | LRB097 08563 RLC 50992 b |
|
| 1 | | worker, psychologist,
clinical psychologist, psychiatrist, | 2 | | family service agency, alcohol or
substance abuse program, | 3 | | mental health center guidance counselor, agency
providing | 4 | | services to elders, program designed for domestic violence
| 5 | | abusers or any other guidance service the court deems | 6 | | appropriate. The court may order the respondent in any | 7 | | intimate partner relationship to report to an Illinois | 8 | | Department of Human Services protocol approved partner | 9 | | abuse intervention program for an assessment and to follow | 10 | | all recommended treatment.
| 11 | | (5) Physical care and possession of the minor child. In | 12 | | order to protect
the minor child from abuse, neglect, or | 13 | | unwarranted separation from the person
who has been the | 14 | | minor child's primary caretaker, or to otherwise protect | 15 | | the
well-being of the minor child, the court may do either | 16 | | or both of the following:
(i) grant petitioner physical | 17 | | care or possession of the minor child, or both, or
(ii) | 18 | | order respondent to return a minor child to, or not remove | 19 | | a minor child
from, the physical care of a parent or person | 20 | | in loco parentis.
| 21 | | If a court finds, after a hearing, that respondent has | 22 | | committed abuse
(as defined in Section 112A-3) of a minor | 23 | | child, there shall be a
rebuttable presumption that | 24 | | awarding physical care to respondent would not
be in the | 25 | | minor child's best interest.
| 26 | | (6) Temporary legal custody.
Award temporary legal |
| | | HB3365 Enrolled | - 14 - | LRB097 08563 RLC 50992 b |
|
| 1 | | custody to petitioner in accordance with this Section,
the | 2 | | Illinois Marriage
and Dissolution of Marriage Act, the | 3 | | Illinois Parentage Act of 1984,
and this State's Uniform | 4 | | Child-Custody
Jurisdiction and Enforcement Act.
| 5 | | If a court finds, after a hearing, that respondent
has | 6 | | committed abuse (as defined in Section 112A-3) of a
minor | 7 | | child, there shall be a rebuttable presumption that | 8 | | awarding
temporary legal custody to respondent would not be | 9 | | in the
child's best interest.
| 10 | | (7) Visitation. Determine the
visitation rights, if | 11 | | any, of respondent in any case in which the court
awards | 12 | | physical care or temporary legal custody of a minor child | 13 | | to
petitioner. The court shall restrict or deny | 14 | | respondent's visitation with
a minor child if
the court | 15 | | finds that respondent has done or is likely to do any of | 16 | | the
following: (i) abuse or endanger the minor child during | 17 | | visitation; (ii) use the
visitation as an opportunity to | 18 | | abuse or harass petitioner or
petitioner's family or | 19 | | household members; (iii) improperly conceal or
detain the | 20 | | minor child; or (iv) otherwise act in a manner that is not | 21 | | in
the best interests of the minor child. The court shall | 22 | | not be limited by the
standards set forth in Section 607.1 | 23 | | of the Illinois Marriage and
Dissolution of Marriage Act. | 24 | | If the court grants visitation, the order
shall specify | 25 | | dates and times for the visitation to take place or other
| 26 | | specific parameters or conditions that are appropriate. No |
| | | HB3365 Enrolled | - 15 - | LRB097 08563 RLC 50992 b |
|
| 1 | | order for
visitation shall refer merely to the term | 2 | | "reasonable visitation".
| 3 | | Petitioner may deny respondent access to the minor | 4 | | child if, when
respondent arrives for visitation, | 5 | | respondent is under the influence of drugs
or alcohol and | 6 | | constitutes a threat to the safety and well-being of
| 7 | | petitioner or petitioner's minor children or is behaving in | 8 | | a violent or abusive manner.
| 9 | | If necessary to protect any member of petitioner's | 10 | | family or
household from future abuse, respondent shall be | 11 | | prohibited from coming to
petitioner's residence to meet | 12 | | the minor child for visitation, and the
parties shall | 13 | | submit to the court their recommendations for reasonable
| 14 | | alternative arrangements for visitation. A person may be | 15 | | approved to
supervise visitation only after filing an | 16 | | affidavit accepting
that responsibility and acknowledging | 17 | | accountability to the court.
| 18 | | (8) Removal or concealment of minor child.
Prohibit | 19 | | respondent from
removing a minor child from the State or | 20 | | concealing the child within the
State.
| 21 | | (9) Order to appear. Order the respondent to
appear in | 22 | | court, alone
or with a minor child, to prevent abuse, | 23 | | neglect, removal or concealment of
the child, to return the | 24 | | child to the custody or care of the petitioner or
to permit | 25 | | any court-ordered interview or examination of the child or | 26 | | the
respondent.
|
| | | HB3365 Enrolled | - 16 - | LRB097 08563 RLC 50992 b |
|
| 1 | | (10) Possession of personal property. Grant petitioner | 2 | | exclusive
possession of personal property and, if | 3 | | respondent has possession or
control, direct respondent to | 4 | | promptly make it available to petitioner, if:
| 5 | | (i) petitioner, but not respondent, owns the | 6 | | property; or
| 7 | | (ii) the parties own the property jointly; sharing | 8 | | it would risk
abuse of petitioner by respondent or is | 9 | | impracticable; and the balance of
hardships favors | 10 | | temporary possession by petitioner.
| 11 | | If petitioner's sole claim to ownership of the property | 12 | | is that it is
marital property, the court may award | 13 | | petitioner temporary possession
thereof under the | 14 | | standards of subparagraph (ii) of this paragraph only if
a | 15 | | proper proceeding has been filed under the Illinois | 16 | | Marriage and
Dissolution of Marriage Act, as now or | 17 | | hereafter amended.
| 18 | | No order under this provision shall affect title to | 19 | | property.
| 20 | | (11) Protection of property. Forbid the respondent | 21 | | from taking,
transferring, encumbering, concealing, | 22 | | damaging or otherwise disposing of
any real or personal | 23 | | property, except as explicitly authorized by the
court, if:
| 24 | | (i) petitioner, but not respondent, owns the | 25 | | property; or
| 26 | | (ii) the parties own the property jointly,
and the |
| | | HB3365 Enrolled | - 17 - | LRB097 08563 RLC 50992 b |
|
| 1 | | balance of hardships favors granting this remedy.
| 2 | | If petitioner's sole claim to ownership of the property | 3 | | is that it is
marital property, the court may grant | 4 | | petitioner relief under subparagraph
(ii) of this | 5 | | paragraph only if a proper proceeding has been filed under | 6 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 7 | | now or hereafter amended.
| 8 | | The court may further prohibit respondent from | 9 | | improperly using the
financial or other resources of an | 10 | | aged member of the family or household
for the profit or | 11 | | advantage of respondent or of any other person.
| 12 | | (11.5) Protection of animals. Grant the petitioner the | 13 | | exclusive care, custody, or control of any animal owned, | 14 | | possessed, leased, kept, or held by either the petitioner | 15 | | or the respondent or a minor child residing in the | 16 | | residence or household of either the petitioner or the | 17 | | respondent and order the respondent to stay away from the | 18 | | animal and forbid the respondent from taking, | 19 | | transferring, encumbering, concealing, harming, or | 20 | | otherwise disposing of the animal.
| 21 | | (12) Order for payment of support. Order
respondent to | 22 | | pay temporary
support for the petitioner or any child in | 23 | | the petitioner's care or
custody, when the respondent has a | 24 | | legal obligation to support that person,
in accordance with | 25 | | the Illinois Marriage and Dissolution
of Marriage Act, | 26 | | which shall govern, among other matters, the amount of
|
| | | HB3365 Enrolled | - 18 - | LRB097 08563 RLC 50992 b |
|
| 1 | | support, payment through the clerk and withholding of | 2 | | income to secure
payment. An order for child support may be | 3 | | granted to a petitioner with
lawful physical care or | 4 | | custody of a child, or an order or agreement for
physical | 5 | | care or custody, prior to entry of an order for legal | 6 | | custody.
Such a support order shall expire upon entry of a | 7 | | valid order granting
legal custody to another, unless | 8 | | otherwise provided in the custody order.
| 9 | | (13) Order for payment of losses. Order
respondent to | 10 | | pay petitioner
for losses suffered as a direct result of | 11 | | the abuse. Such losses shall
include, but not be limited | 12 | | to, medical expenses, lost earnings or other
support, | 13 | | repair or replacement of property damaged or taken, | 14 | | reasonable
attorney's fees, court costs and moving or other | 15 | | travel expenses, including
additional reasonable expenses | 16 | | for temporary shelter and restaurant meals.
| 17 | | (i) Losses affecting family needs. If a party is | 18 | | entitled to seek
maintenance, child support or | 19 | | property distribution from the other party
under the | 20 | | Illinois Marriage and Dissolution of Marriage Act, as | 21 | | now or
hereafter amended, the court may order | 22 | | respondent to reimburse petitioner's
actual losses, to | 23 | | the extent that such reimbursement would be | 24 | | "appropriate
temporary relief", as authorized by | 25 | | subsection (a)(3) of
Section 501 of that Act.
| 26 | | (ii) Recovery of expenses. In the case of an |
| | | HB3365 Enrolled | - 19 - | LRB097 08563 RLC 50992 b |
|
| 1 | | improper concealment
or removal of a minor child, the | 2 | | court may order respondent to pay the reasonable
| 3 | | expenses incurred or to be incurred in the search for | 4 | | and recovery of the
minor child, including but not | 5 | | limited to legal fees, court costs, private
| 6 | | investigator fees, and travel costs.
| 7 | | (14) Prohibition of entry. Prohibit the respondent | 8 | | from entering or
remaining in the residence or household | 9 | | while the respondent is under the
influence of alcohol or | 10 | | drugs and constitutes a threat to the safety and
well-being | 11 | | of the petitioner or the petitioner's children.
| 12 | | (14.5) Prohibition of firearm possession. | 13 | | (a) Prohibit a respondent against whom an order of | 14 | | protection was issued from possessing any firearms | 15 | | during the duration of the order if the order: | 16 | | (1) was issued after a hearing of which such | 17 | | person received
actual notice, and at which such | 18 | | person had an opportunity to
participate; | 19 | | (2) restrains such person from harassing, | 20 | | stalking, or
threatening an intimate partner of | 21 | | such person or child of such
intimate partner or | 22 | | person, or engaging in other conduct that
would | 23 | | place an intimate partner in reasonable fear of | 24 | | bodily
injury to the partner or child; and | 25 | | (3)(i) includes a finding that such person | 26 | | represents a
credible threat to the physical |
| | | HB3365 Enrolled | - 20 - | LRB097 08563 RLC 50992 b |
|
| 1 | | safety of such intimate partner
or child; or
(ii) | 2 | | by its terms explicitly prohibits the use, | 3 | | attempted
use, or threatened use of physical force | 4 | | against such intimate
partner or child that would | 5 | | reasonably be expected to cause
bodily injury. | 6 | | Any When a complaint is made
under a request for an | 7 | | order of protection, that the respondent has | 8 | | threatened
or is likely to use firearms illegally | 9 | | against the petitioner, the court shall examine on oath | 10 | | the petitioner, and any witnesses who
may be produced. | 11 | | If the court is satisfied that there is any danger of | 12 | | the
illegal use of firearms, and the respondent is | 13 | | present in court, it shall issue an order that any | 14 | | firearms in the
possession of the respondent, except as | 15 | | provided in subsection (b), shall be ordered by the | 16 | | court to be turned
over to the local law enforcement | 17 | | agency
for safekeeping. The court If the court is | 18 | | satisfied that there is any danger of the illegal use | 19 | | of firearms, and the respondent is present in court, it | 20 | | shall issue an order that the respondent's Firearm | 21 | | Owner's Identification Card be turned over to the local | 22 | | law enforcement agency for safekeeping. If the court is | 23 | | satisfied that there is any danger of the illegal use | 24 | | of firearms, and if the respondent is not present in | 25 | | court, the court shall
issue a warrant for seizure of | 26 | | the respondent's Firearm Owner's Identification Card |
| | | HB3365 Enrolled | - 21 - | LRB097 08563 RLC 50992 b |
|
| 1 | | and any firearm in the possession of the respondent, | 2 | | except as provided in subsection (b), be turned over to | 3 | | the local law enforcement agency for safekeeping.
The | 4 | | period of safekeeping shall be for the duration of the | 5 | | order of protection a stated period of time not to | 6 | | exceed 2
years . The firearm or firearms shall be | 7 | | returned to the respondent at the end
of the stated | 8 | | period or at expiration of the order of protection , | 9 | | whichever is
sooner .
| 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 stated period
not | 18 | | to exceed 2 years as set forth in the court order .
| 19 | | (c) Upon expiration of the period of safekeeping, | 20 | | if the firearms or Firearm Owner's Identification Card | 21 | | cannot be returned to respondent because respondent | 22 | | cannot be located, fails to respond to requests to | 23 | | retrieve the firearms, or is not lawfully eligible to | 24 | | possess a firearm, upon petition from the local law | 25 | | enforcement agency, the court may order the local law | 26 | | enforcement agency to destroy the firearms, use the |
| | | HB3365 Enrolled | - 22 - | LRB097 08563 RLC 50992 b |
|
| 1 | | firearms for training purposes, or for any other | 2 | | application as deemed appropriate by the local law | 3 | | enforcement agency; or that the firearms be turned over | 4 | | to a third party who is lawfully eligible to possess | 5 | | firearms, and who does not reside with respondent.
| 6 | | (15) Prohibition of access to records. If an order of | 7 | | protection
prohibits respondent from having contact with | 8 | | the minor child,
or if petitioner's address is omitted | 9 | | under subsection (b) of
Section 112A-5, or if necessary to | 10 | | prevent abuse or wrongful removal or
concealment of a minor | 11 | | child, the order shall deny respondent access to, and
| 12 | | prohibit respondent from inspecting, obtaining, or | 13 | | attempting to
inspect or obtain, school or any other | 14 | | records of the minor child
who is in the care of | 15 | | petitioner.
| 16 | | (16) Order for payment of shelter services. Order | 17 | | respondent to
reimburse a shelter providing temporary | 18 | | housing and counseling services to
the petitioner for the | 19 | | cost of the services, as certified by the shelter
and | 20 | | deemed reasonable by the court.
| 21 | | (17) Order for injunctive relief. Enter injunctive | 22 | | relief necessary
or appropriate to prevent further abuse of | 23 | | a family or household member or
to effectuate one of the | 24 | | granted remedies, if supported by the balance of
hardships. | 25 | | If the harm to be prevented by the injunction is abuse or | 26 | | any
other harm that one of the remedies listed in |
| | | HB3365 Enrolled | - 23 - | LRB097 08563 RLC 50992 b |
|
| 1 | | paragraphs (1) through (16)
of this subsection is designed | 2 | | to prevent, no further evidence is necessary
to establish | 3 | | 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 of the | 11 | | petitioner or any family or household
member, | 12 | | including the concealment of his or her location in | 13 | | order to evade
service of process or notice, and the | 14 | | likelihood of danger of future abuse to
petitioner or
| 15 | | any member of petitioner's or respondent's family or | 16 | | 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, |
| | | HB3365 Enrolled | - 24 - | LRB097 08563 RLC 50992 b |
|
| 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 |
| | | HB3365 Enrolled | - 25 - | LRB097 08563 RLC 50992 b |
|
| 1 | | protection in
accordance with the requirements of Sections | 2 | | 112A-5 and 112A-17 is
presented to the court, the court | 3 | | shall examine petitioner on oath or
affirmation. An | 4 | | emergency order of protection shall be issued by the court
| 5 | | if it 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. Absent such an adjudication, no | 15 | | putative father shall be granted
temporary custody of the | 16 | | minor child, visitation with the minor child, or
physical | 17 | | care
and possession of the minor child, nor shall
an order | 18 | | of payment for support of the minor child be entered.
| 19 | | (d) Balance of hardships; findings. If the court finds that | 20 | | the balance
of hardships does not support the granting of a | 21 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 22 | | subsection (b) of this Section,
which may require such | 23 | | balancing, the court's findings shall so
indicate and shall | 24 | | include a finding as to whether granting the remedy will
result | 25 | | in hardship to respondent that would substantially outweigh the | 26 | | hardship
to petitioner
from denial of the remedy. The findings |
| | | HB3365 Enrolled | - 26 - | LRB097 08563 RLC 50992 b |
|
| 1 | | shall be an official record or in
writing.
| 2 | | (e) Denial of remedies. Denial of any remedy shall not be | 3 | | based, in
whole or in part, on evidence that:
| 4 | | (1) Respondent has cause for any use of force, unless | 5 | | that cause
satisfies the standards for justifiable use of | 6 | | force provided by Article
VII of the Criminal Code of 1961;
| 7 | | (2) Respondent was voluntarily intoxicated;
| 8 | | (3) Petitioner acted in self-defense or defense of | 9 | | another, provided
that, if petitioner utilized force, such | 10 | | force was justifiable under
Article VII of the Criminal | 11 | | Code of 1961;
| 12 | | (4) Petitioner did not act in self-defense or defense | 13 | | of another;
| 14 | | (5) Petitioner left the residence or household to avoid | 15 | | further abuse
by respondent;
| 16 | | (6) Petitioner did not leave the residence or household | 17 | | to avoid further
abuse by respondent;
| 18 | | (7) Conduct by any family or household member excused | 19 | | the abuse by
respondent, unless that same conduct would | 20 | | have excused such abuse if the
parties had not been family | 21 | | or household members.
| 22 | | (Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, | 23 | | eff. 1-1-10; 96-1239, eff. 1-1-11.)
| 24 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 25 | | amended by changing Section 214 as follows:
|
| | | HB3365 Enrolled | - 27 - | LRB097 08563 RLC 50992 b |
|
| 1 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 2 | | Sec. 214. Order of protection; remedies.
| 3 | | (a) Issuance of order. If the court finds that petitioner | 4 | | has been
abused by a family or household member or that | 5 | | petitioner is a high-risk
adult who has been abused, neglected, | 6 | | or exploited, as defined in this Act,
an order of protection | 7 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 8 | | provided that petitioner must also satisfy the requirements of
| 9 | | one of the following Sections, as appropriate: Section 217 on | 10 | | emergency
orders, Section 218 on interim orders, or Section 219 | 11 | | on plenary orders.
Petitioner shall not be denied an order of | 12 | | protection because petitioner or
respondent is a minor. The | 13 | | court, when determining whether or not to issue
an order of | 14 | | protection, shall not require physical manifestations of abuse
| 15 | | on the person of the victim. Modification and extension of | 16 | | prior
orders of protection shall be in accordance with this | 17 | | Act.
| 18 | | (b) Remedies and standards. The remedies to be included in | 19 | | an order of
protection shall be determined in accordance with | 20 | | this Section and one of
the following Sections, as appropriate: | 21 | | Section 217 on emergency orders,
Section 218 on interim orders, | 22 | | and Section 219 on plenary orders. The
remedies listed in this | 23 | | subsection shall be in addition to other civil or
criminal | 24 | | remedies available to petitioner.
| 25 | | (1) Prohibition of abuse, neglect, or exploitation. |
| | | HB3365 Enrolled | - 28 - | LRB097 08563 RLC 50992 b |
|
| 1 | | Prohibit
respondent's harassment, interference with | 2 | | personal liberty, intimidation
of a dependent, physical | 3 | | abuse, or willful deprivation, neglect or
exploitation, as | 4 | | defined in this Act, or stalking of the petitioner, as | 5 | | defined
in Section 12-7.3 of the Criminal Code of 1961, if | 6 | | such abuse, neglect,
exploitation, or stalking 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.
|
| | | HB3365 Enrolled | - 29 - | LRB097 08563 RLC 50992 b |
|
| 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
|
| | | HB3365 Enrolled | - 30 - | LRB097 08563 RLC 50992 b |
|
| 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 |
| | | HB3365 Enrolled | - 31 - | LRB097 08563 RLC 50992 b |
|
| 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 103) of a minor | 20 | | child, there shall be a
rebuttable presumption that | 21 | | awarding physical care to respondent would not
be in the | 22 | | minor child's best interest.
| 23 | | (6) Temporary 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
|
| | | HB3365 Enrolled | - 32 - | LRB097 08563 RLC 50992 b |
|
| 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 103) 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 |
| | | HB3365 Enrolled | - 33 - | LRB097 08563 RLC 50992 b |
|
| 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 |
| | | HB3365 Enrolled | - 34 - | LRB097 08563 RLC 50992 b |
|
| 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 |
| | | HB3365 Enrolled | - 35 - | LRB097 08563 RLC 50992 b |
|
| 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 |
| | | HB3365 Enrolled | - 36 - | LRB097 08563 RLC 50992 b |
|
| 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, neglect, or exploitation.
Such losses shall | 9 | | include, but not be limited to, medical expenses, lost
| 10 | | earnings or other support, repair or replacement of | 11 | | property damaged or taken,
reasonable attorney's fees, | 12 | | court costs and moving or other travel expenses,
including | 13 | | additional reasonable expenses for temporary shelter and | 14 | | restaurant
meals.
| 15 | | (i) Losses affecting family needs. If a party is | 16 | | entitled to seek
maintenance, child support or | 17 | | property distribution from the other party
under the | 18 | | Illinois Marriage and Dissolution of Marriage Act, as | 19 | | now or
hereafter amended, the court may order | 20 | | respondent to reimburse petitioner's
actual losses, to | 21 | | the extent that such reimbursement would be | 22 | | "appropriate
temporary relief", as authorized by | 23 | | subsection (a)(3) of Section 501 of
that Act.
| 24 | | (ii) Recovery of expenses. In the case of an | 25 | | improper concealment
or removal of a minor child, the | 26 | | court may order respondent to pay the
reasonable |
| | | HB3365 Enrolled | - 37 - | LRB097 08563 RLC 50992 b |
|
| 1 | | expenses incurred or to be incurred in the search for | 2 | | and recovery
of the minor child, including but not | 3 | | limited to legal fees, court costs,
private | 4 | | investigator fees, and travel costs.
| 5 | | (14) Prohibition of entry. Prohibit the respondent | 6 | | from entering or
remaining in the residence or household | 7 | | while the respondent is under the
influence of alcohol or | 8 | | drugs and constitutes a threat to the safety and
well-being | 9 | | of the petitioner or the petitioner's children.
| 10 | | (14.5) Prohibition of firearm possession.
| 11 | | (a) Prohibit a respondent against whom an order of | 12 | | protection was issued from possessing any firearms | 13 | | during the duration of the order if the order: | 14 | | (1) was issued after a hearing of which such | 15 | | person received
actual notice, and at which such | 16 | | person had an opportunity to
participate; | 17 | | (2) restrains such person from harassing, | 18 | | stalking, or
threatening an intimate partner of | 19 | | such person or child of such
intimate partner or | 20 | | person, or engaging in other conduct that
would | 21 | | place an intimate partner in reasonable fear of | 22 | | bodily
injury to the partner or child; and | 23 | | (3)(i) includes a finding that such person | 24 | | represents a
credible threat to the physical | 25 | | safety of such intimate partner
or child; or
(ii) | 26 | | by its terms explicitly prohibits the use, |
| | | HB3365 Enrolled | - 38 - | LRB097 08563 RLC 50992 b |
|
| 1 | | attempted
use, or threatened use of physical force | 2 | | against such intimate
partner or child that would | 3 | | reasonably be expected to cause
bodily injury. | 4 | | Any When a complaint is made
under a request for an | 5 | | order of protection, that the respondent has | 6 | | threatened
or is likely to use firearms illegally | 7 | | against the petitioner, the court shall examine on oath | 8 | | the petitioner, and any witnesses who
may be produced. | 9 | | If the court is satisfied that there is any danger of | 10 | | the
illegal use of firearms, and the respondent is | 11 | | present in court, it shall issue an order that any | 12 | | firearms and any Firearm Owner's Identification Card | 13 | | in the
possession of the respondent, except as provided | 14 | | in subsection (b), shall be ordered by the court to be | 15 | | turned
over to the local law enforcement agency
for | 16 | | safekeeping. The If the court is satisfied that there | 17 | | is any danger of the illegal use of firearms, and if | 18 | | the respondent is not present in court, the court shall
| 19 | | issue a warrant for seizure of any firearm and Firearm | 20 | | Owner's Identification Card in the possession of the | 21 | | respondent, to be kept by the local law enforcement | 22 | | agency for safekeeping, except as provided in | 23 | | subsection (b).
The period of safekeeping shall be for | 24 | | the duration of the order of protection a stated period | 25 | | of time not to exceed 2
years . The firearm or firearms | 26 | | and Firearm Owner's Identification Card shall be |
| | | HB3365 Enrolled | - 39 - | LRB097 08563 RLC 50992 b |
|
| 1 | | returned to the respondent at the end
of the stated | 2 | | period or at expiration of the order of protection , | 3 | | whichever is
sooner .
| 4 | | (b) If the respondent is a peace officer as defined | 5 | | in Section 2-13 of
the
Criminal Code of 1961, the court | 6 | | shall order that any firearms used by the
respondent in | 7 | | the performance of his or her duties as a
peace officer | 8 | | be surrendered to
the chief law enforcement executive | 9 | | of the agency in which the respondent is
employed, who | 10 | | shall retain the firearms for safekeeping for the | 11 | | duration of the order of protection stated period
not | 12 | | to exceed 2 years as set forth in the court order .
| 13 | | (c) Upon expiration of the period of safekeeping, | 14 | | if the firearms or Firearm Owner's Identification Card | 15 | | cannot be returned to respondent because respondent | 16 | | cannot be located, fails to respond to requests to | 17 | | retrieve the firearms, or is not lawfully eligible to | 18 | | possess a firearm, upon petition from the local law | 19 | | enforcement agency, the court may order the local law | 20 | | enforcement agency to destroy the firearms, use the | 21 | | firearms for training purposes, or for any other | 22 | | application as deemed appropriate by the local law | 23 | | enforcement agency; or that the firearms be turned over | 24 | | to a third party who is lawfully eligible to possess | 25 | | firearms, and who does not reside with respondent.
| 26 | | (15) Prohibition of access to records. If an order of |
| | | HB3365 Enrolled | - 40 - | LRB097 08563 RLC 50992 b |
|
| 1 | | protection
prohibits respondent from having contact with | 2 | | the minor child,
or if petitioner's address is omitted | 3 | | under subsection (b) of
Section 203, or if necessary to | 4 | | prevent abuse or wrongful removal or
concealment of a minor | 5 | | child, the order shall deny respondent access to, and
| 6 | | prohibit respondent from inspecting, obtaining, or | 7 | | attempting to
inspect or obtain, school or any other | 8 | | records of the minor child
who is in the care of | 9 | | petitioner.
| 10 | | (16) Order for payment of shelter services. Order | 11 | | respondent to
reimburse a shelter providing temporary | 12 | | housing and counseling services to
the petitioner for the | 13 | | cost of the services, as certified by the shelter
and | 14 | | deemed reasonable by the court.
| 15 | | (17) Order for injunctive relief. Enter injunctive | 16 | | relief necessary
or appropriate to prevent further abuse of | 17 | | a family or household member
or further abuse, neglect, or | 18 | | exploitation of a high-risk adult with
disabilities or to | 19 | | effectuate one of the granted remedies, if supported by the
| 20 | | balance of hardships. If the harm to be prevented by the | 21 | | injunction is abuse
or any other harm that one of the | 22 | | remedies listed in paragraphs (1) through
(16) of this | 23 | | subsection is designed to prevent, no further evidence is
| 24 | | necessary that the harm is an irreparable injury.
| 25 | | (c) Relevant factors; findings.
| 26 | | (1) In determining whether to grant a specific remedy, |
| | | HB3365 Enrolled | - 41 - | LRB097 08563 RLC 50992 b |
|
| 1 | | other than
payment of support, the court shall consider
| 2 | | relevant factors, including but not limited to the | 3 | | following:
| 4 | | (i) the nature, frequency, severity, pattern and | 5 | | consequences of the
respondent's past abuse, neglect | 6 | | or exploitation of the petitioner or
any family or | 7 | | household member, including the concealment of his or | 8 | | her
location in order to evade service of process or | 9 | | notice, and the likelihood of
danger of future abuse, | 10 | | neglect, or exploitation to petitioner or any member of
| 11 | | petitioner's or respondent's family or household; and
| 12 | | (ii) the danger that any minor child will be abused | 13 | | or neglected or
improperly removed from the | 14 | | jurisdiction, improperly concealed within the
State or | 15 | | improperly separated from the child's primary | 16 | | caretaker.
| 17 | | (2) In comparing relative hardships resulting to the | 18 | | parties from loss
of possession of the family home, the | 19 | | court shall consider relevant
factors, including but not | 20 | | limited to the following:
| 21 | | (i) availability, accessibility, cost, safety, | 22 | | adequacy, location and
other characteristics of | 23 | | alternate housing for each party and any minor child
or | 24 | | dependent adult in the party's care;
| 25 | | (ii) the effect on the party's employment; and
| 26 | | (iii) the effect on the relationship of the party, |
| | | HB3365 Enrolled | - 42 - | LRB097 08563 RLC 50992 b |
|
| 1 | | and any minor
child or dependent adult in the party's | 2 | | care, to family, school, church
and community.
| 3 | | (3) Subject to the exceptions set forth in paragraph | 4 | | (4) of this
subsection, the court shall make its findings | 5 | | in an official record or in
writing, and shall at a minimum | 6 | | set forth the following:
| 7 | | (i) That the court has considered the applicable | 8 | | relevant factors
described in paragraphs (1) and (2) of | 9 | | this subsection.
| 10 | | (ii) Whether the conduct or actions of respondent, | 11 | | unless
prohibited, will likely cause irreparable harm | 12 | | or continued abuse.
| 13 | | (iii) Whether it is necessary to grant the | 14 | | requested relief in order
to protect petitioner or | 15 | | other alleged abused persons.
| 16 | | (4) For purposes of issuing an ex parte emergency order | 17 | | of protection,
the court, as an alternative to or as a | 18 | | supplement to making the findings
described in paragraphs | 19 | | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 20 | | the following procedure:
| 21 | | When a verified petition for an emergency order of | 22 | | protection in
accordance with the requirements of Sections | 23 | | 203 and 217 is
presented to the court, the court shall | 24 | | examine petitioner on oath or
affirmation. An emergency | 25 | | order of protection shall be issued by the court
if it | 26 | | appears from the contents of the petition and the |
| | | HB3365 Enrolled | - 43 - | LRB097 08563 RLC 50992 b |
|
| 1 | | examination of
petitioner that the averments are | 2 | | sufficient to indicate abuse by
respondent and to support | 3 | | the granting of relief under the issuance of the
emergency | 4 | | order of protection.
| 5 | | (5) Never married parties. No rights or | 6 | | responsibilities for a minor
child born outside of marriage | 7 | | attach to a putative father until a father and
child | 8 | | relationship has been established under the Illinois | 9 | | Parentage Act of
1984, the Illinois Public Aid Code, | 10 | | Section 12 of the Vital Records Act, the
Juvenile Court Act | 11 | | of 1987, the Probate Act of 1985, the Revised Uniform
| 12 | | Reciprocal Enforcement of Support Act, the Uniform | 13 | | Interstate Family Support
Act, the Expedited Child Support | 14 | | Act of 1990, any judicial, administrative, or
other act of | 15 | | another state or territory, any other Illinois statute, or | 16 | | by any
foreign nation establishing the father and child | 17 | | relationship, any other
proceeding substantially in | 18 | | conformity with the Personal Responsibility and
Work | 19 | | Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 20 | | or where both
parties appeared in open court or at an | 21 | | administrative hearing acknowledging
under
oath or | 22 | | admitting by affirmation the existence of a father and | 23 | | child
relationship.
Absent such an adjudication, finding, | 24 | | or acknowledgement, no putative
father shall be granted
| 25 | | temporary custody of the minor child, visitation with the | 26 | | minor child, or
physical care and possession of the minor |
| | | HB3365 Enrolled | - 44 - | LRB097 08563 RLC 50992 b |
|
| 1 | | child, nor shall an order of payment
for support of the | 2 | | minor child be entered.
| 3 | | (d) Balance of hardships; findings. If the court finds that | 4 | | the balance
of hardships does not support the granting of a | 5 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 6 | | subsection (b) of this Section,
which may require such | 7 | | balancing, the court's findings shall so
indicate and shall | 8 | | include a finding as to whether granting the remedy will
result | 9 | | in hardship to respondent that would substantially outweigh the | 10 | | hardship
to petitioner from denial of the remedy. The findings | 11 | | shall be an official
record or in writing.
| 12 | | (e) Denial of remedies. Denial of any remedy shall not be | 13 | | based, in
whole or in part, on evidence that:
| 14 | | (1) Respondent has cause for any use of force, unless | 15 | | that cause
satisfies the standards for justifiable use of | 16 | | force provided by Article
VII of the Criminal Code of 1961;
| 17 | | (2) Respondent was voluntarily intoxicated;
| 18 | | (3) Petitioner acted in self-defense or defense of | 19 | | another, provided
that, if petitioner utilized force, such | 20 | | force was justifiable under
Article VII of the Criminal | 21 | | Code of 1961;
| 22 | | (4) Petitioner did not act in self-defense or defense | 23 | | of another;
| 24 | | (5) Petitioner left the residence or household to avoid | 25 | | further abuse,
neglect, or exploitation by respondent;
| 26 | | (6) Petitioner did not leave the residence or household |
| | | HB3365 Enrolled | - 45 - | LRB097 08563 RLC 50992 b |
|
| 1 | | to avoid further
abuse, neglect, or exploitation by | 2 | | respondent;
| 3 | | (7) Conduct by any family or household member excused | 4 | | the abuse,
neglect, or exploitation by respondent, unless | 5 | | that same conduct would have
excused such abuse, neglect, | 6 | | or exploitation if the parties had not been
family or | 7 | | household members.
| 8 | | (Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701, | 9 | | eff. 1-1-10; 96-1239, eff. 1-1-11.)
|
|