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| 1 | AN ACT concerning domestic violence.
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| 2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
| 3 | represented in the General Assembly:
| |||||||||||||||||||
| 4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||
| 5 | amended by changing Section 4 as follows:
| |||||||||||||||||||
| 6 | (325 ILCS 5/4)
| |||||||||||||||||||
| 7 | Sec. 4. Persons required to report; privileged | |||||||||||||||||||
| 8 | communications;
transmitting false report. Any physician, | |||||||||||||||||||
| 9 | resident, intern, hospital,
hospital administrator
and | |||||||||||||||||||
| 10 | personnel engaged in examination, care and treatment of | |||||||||||||||||||
| 11 | persons, surgeon,
dentist, dentist hygienist, osteopath, | |||||||||||||||||||
| 12 | chiropractor, podiatric physician, physician
assistant, | |||||||||||||||||||
| 13 | substance abuse treatment personnel, funeral home
director or | |||||||||||||||||||
| 14 | employee, coroner, medical examiner, emergency medical | |||||||||||||||||||
| 15 | technician,
acupuncturist, crisis line or hotline personnel, | |||||||||||||||||||
| 16 | school personnel (including administrators and both certified | |||||||||||||||||||
| 17 | and non-certified school employees), personnel of institutions | |||||||||||||||||||
| 18 | of higher education, educational
advocate assigned to a child | |||||||||||||||||||
| 19 | pursuant to the School Code, member of a school board or the | |||||||||||||||||||
| 20 | Chicago Board of Education or the governing body of a private | |||||||||||||||||||
| 21 | school (but only to the extent required in accordance with | |||||||||||||||||||
| 22 | other provisions of this Section expressly concerning the duty | |||||||||||||||||||
| 23 | of school board members to report suspected child abuse), | |||||||||||||||||||
| |||||||
| |||||||
| 1 | truant officers,
social worker, social services administrator,
| ||||||
| 2 | domestic violence program personnel, registered nurse, | ||||||
| 3 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
| 4 | practitioner, advanced practice registered nurse, home
health | ||||||
| 5 | aide, director or staff
assistant of a nursery school or a | ||||||
| 6 | child day care center, recreational or athletic program
or | ||||||
| 7 | facility personnel, early intervention provider as defined in | ||||||
| 8 | the Early Intervention Services System Act, law enforcement | ||||||
| 9 | officer, licensed professional
counselor, licensed clinical | ||||||
| 10 | professional counselor, registered psychologist
and
assistants | ||||||
| 11 | working under the direct supervision of a psychologist,
| ||||||
| 12 | psychiatrist, or field personnel of the Department of | ||||||
| 13 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
| 14 | Health, Human Services (acting as successor to the Department | ||||||
| 15 | of Mental
Health and Developmental Disabilities, | ||||||
| 16 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
| 17 | Rights, or Children and Family Services, supervisor and
| ||||||
| 18 | administrator of general assistance under the Illinois Public | ||||||
| 19 | Aid Code,
probation officer, animal control officer or Illinois | ||||||
| 20 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
| 21 | field investigator, or any other foster parent, homemaker or | ||||||
| 22 | child care worker
having reasonable cause to believe a child | ||||||
| 23 | known to them in their professional
or official capacity may be | ||||||
| 24 | an abused child or a neglected child shall
immediately report | ||||||
| 25 | or cause a report to be made to the Department.
| ||||||
| 26 | Any member of the clergy having reasonable cause to believe | ||||||
| |||||||
| |||||||
| 1 | that a child
known to that member of the clergy in his or her | ||||||
| 2 | professional capacity may be
an abused child as defined in item | ||||||
| 3 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
| 4 | Act shall immediately report or cause a report to be made to
| ||||||
| 5 | the Department.
| ||||||
| 6 | Any physician, physician's assistant, registered nurse, | ||||||
| 7 | licensed practical nurse, medical technician, certified | ||||||
| 8 | nursing assistant, social worker, or licensed professional | ||||||
| 9 | counselor of any office, clinic, or any other physical location | ||||||
| 10 | that provides abortions, abortion referrals, or contraceptives | ||||||
| 11 | having reasonable cause to believe a child known to him or her | ||||||
| 12 | in his or her professional
or official capacity may be an | ||||||
| 13 | abused child or a neglected child shall
immediately report or | ||||||
| 14 | cause a report to be made to the Department. | ||||||
| 15 | If an allegation is raised to a school board member during | ||||||
| 16 | the course of an open or closed school board meeting that a | ||||||
| 17 | child who is enrolled in the school district of which he or she | ||||||
| 18 | is a board member is an abused child as defined in Section 3 of | ||||||
| 19 | this Act, the member shall direct or cause the school board to | ||||||
| 20 | direct the superintendent of the school district or other | ||||||
| 21 | equivalent school administrator to comply with the | ||||||
| 22 | requirements of this Act concerning the reporting of child | ||||||
| 23 | abuse. For purposes of this paragraph, a school board member is | ||||||
| 24 | granted the authority in his or her individual capacity to | ||||||
| 25 | direct the superintendent of the school district or other | ||||||
| 26 | equivalent school administrator to comply with the | ||||||
| |||||||
| |||||||
| 1 | requirements of this Act concerning the reporting of child | ||||||
| 2 | abuse.
| ||||||
| 3 | Notwithstanding any other provision of this Act, if an | ||||||
| 4 | employee of a school district has made a report or caused a | ||||||
| 5 | report to be made to the Department under this Act involving | ||||||
| 6 | the conduct of a current or former employee of the school | ||||||
| 7 | district and a request is made by another school district for | ||||||
| 8 | the provision of information concerning the job performance or | ||||||
| 9 | qualifications of the current or former employee because he or | ||||||
| 10 | she is an applicant for employment with the requesting school | ||||||
| 11 | district, the general superintendent of the school district to | ||||||
| 12 | which the request is being made must disclose to the requesting | ||||||
| 13 | school district the fact that an employee of the school | ||||||
| 14 | district has made a report involving the conduct of the | ||||||
| 15 | applicant or caused a report to be made to the Department, as | ||||||
| 16 | required under this Act. Only the fact that an employee of the | ||||||
| 17 | school district has made a report involving the conduct of the | ||||||
| 18 | applicant or caused a report to be made to the Department may | ||||||
| 19 | be disclosed by the general superintendent of the school | ||||||
| 20 | district to which the request for information concerning the | ||||||
| 21 | applicant is made, and this fact may be disclosed only in cases | ||||||
| 22 | where the employee and the general superintendent have not been | ||||||
| 23 | informed by the Department that the allegations were unfounded. | ||||||
| 24 | An employee of a school district who is or has been the subject | ||||||
| 25 | of a report made pursuant to this Act during his or her | ||||||
| 26 | employment with the school district must be informed by that | ||||||
| |||||||
| |||||||
| 1 | school district that if he or she applies for employment with | ||||||
| 2 | another school district, the general superintendent of the | ||||||
| 3 | former school district, upon the request of the school district | ||||||
| 4 | to which the employee applies, shall notify that requesting | ||||||
| 5 | school district that the employee is or was the subject of such | ||||||
| 6 | a report.
| ||||||
| 7 | Whenever
such person is required to report under this Act | ||||||
| 8 | in his capacity as a member of
the staff of a medical or other | ||||||
| 9 | public or private institution, school, facility
or agency, or | ||||||
| 10 | as a member of the clergy, he shall
make report immediately to | ||||||
| 11 | the Department in accordance
with the provisions of this Act | ||||||
| 12 | and may also notify the person in charge of
such institution, | ||||||
| 13 | school, facility or agency, or church, synagogue, temple,
| ||||||
| 14 | mosque, or other religious institution, or his
designated agent | ||||||
| 15 | that such
report has been made. Under no circumstances shall | ||||||
| 16 | any person in charge of
such institution, school, facility or | ||||||
| 17 | agency, or church, synagogue, temple,
mosque, or other | ||||||
| 18 | religious institution, or his
designated agent to whom
such | ||||||
| 19 | notification has been made, exercise any control, restraint, | ||||||
| 20 | modification
or other change in the report or the forwarding of | ||||||
| 21 | such report to the
Department.
| ||||||
| 22 | The privileged quality of communication between any | ||||||
| 23 | professional
person required to report
and his patient or | ||||||
| 24 | client shall not apply to situations involving abused or
| ||||||
| 25 | neglected children and shall not constitute grounds for failure | ||||||
| 26 | to report
as required by this Act or constitute grounds for | ||||||
| |||||||
| |||||||
| 1 | failure to share information or documents with the Department | ||||||
| 2 | during the course of a child abuse or neglect investigation. If | ||||||
| 3 | requested by the professional, the Department shall confirm in | ||||||
| 4 | writing that the information or documents disclosed by the | ||||||
| 5 | professional were gathered in the course of a child abuse or | ||||||
| 6 | neglect investigation.
| ||||||
| 7 | The reporting requirements of this Act shall not apply to | ||||||
| 8 | the contents of a privileged communication between an attorney | ||||||
| 9 | and his or her client or to confidential information within the | ||||||
| 10 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
| 11 | Conduct relating to the legal representation of an individual | ||||||
| 12 | client. | ||||||
| 13 | A member of the clergy may claim the privilege under | ||||||
| 14 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
| 15 | Any office, clinic, or any other physical location that | ||||||
| 16 | provides abortions, abortion referrals, or contraceptives | ||||||
| 17 | shall provide to all office personnel copies of written | ||||||
| 18 | information and training materials about abuse and neglect and | ||||||
| 19 | the requirements of this Act that are provided to employees of | ||||||
| 20 | the office, clinic, or physical location who are required to | ||||||
| 21 | make reports to the Department under this Act, and instruct | ||||||
| 22 | such office personnel to bring to the attention of an employee | ||||||
| 23 | of the office, clinic, or physical location who is required to | ||||||
| 24 | make reports to the Department under this Act any reasonable | ||||||
| 25 | suspicion that a child known to him or her in his or her | ||||||
| 26 | professional or official capacity may be an abused child or a | ||||||
| |||||||
| |||||||
| 1 | neglected child. In addition to the above persons required to
| ||||||
| 2 | report suspected cases of abused or neglected children, any | ||||||
| 3 | other person
may make a report if such person has reasonable | ||||||
| 4 | cause to believe a child
may be an abused child or a neglected | ||||||
| 5 | child.
| ||||||
| 6 | Any person who enters into
employment on and after July 1, | ||||||
| 7 | 1986 and is mandated by virtue of that
employment to report | ||||||
| 8 | under this Act, shall sign a statement on a form
prescribed by | ||||||
| 9 | the Department, to the effect that the employee has knowledge
| ||||||
| 10 | and understanding of the reporting requirements of this Act. On | ||||||
| 11 | and after January 1, 2019, the statement
shall also include | ||||||
| 12 | information about available mandated reporter training | ||||||
| 13 | provided by the Department. The statement
shall be signed prior | ||||||
| 14 | to commencement of the employment. The signed
statement shall | ||||||
| 15 | be retained by the employer. The cost of printing,
| ||||||
| 16 | distribution, and filing of the statement shall be borne by the | ||||||
| 17 | employer.
| ||||||
| 18 | Within one year of initial employment and at least every 5 | ||||||
| 19 | years thereafter, school personnel required to report child | ||||||
| 20 | abuse as provided under this Section must complete mandated | ||||||
| 21 | reporter training by a provider or agency with expertise in | ||||||
| 22 | recognizing and reporting child abuse. | ||||||
| 23 | The Department shall provide copies of this Act, upon | ||||||
| 24 | request, to all
employers employing persons who shall be | ||||||
| 25 | required under the provisions of
this Section to report under | ||||||
| 26 | this Act.
| ||||||
| |||||||
| |||||||
| 1 | Any person who knowingly transmits a false report to the | ||||||
| 2 | Department
commits the offense of disorderly conduct under | ||||||
| 3 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
| 4 | A violation of this provision is a Class 4 felony.
| ||||||
| 5 | Any person who knowingly and willfully violates any | ||||||
| 6 | provision of this
Section other than a second or subsequent | ||||||
| 7 | violation of transmitting a
false report as described in the
| ||||||
| 8 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
| 9 | first violation and a Class
4 felony for a
second or subsequent | ||||||
| 10 | violation; except that if the person acted as part
of a plan or | ||||||
| 11 | scheme having as its object the
prevention of discovery of an | ||||||
| 12 | abused or neglected child by lawful authorities
for the
purpose | ||||||
| 13 | of protecting or insulating any person or entity from arrest or
| ||||||
| 14 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
| 15 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
| 16 | offense (regardless of whether the second or subsequent offense
| ||||||
| 17 | involves any
of the same facts or persons as the first or other | ||||||
| 18 | prior offense).
| ||||||
| 19 | A child whose parent, guardian or custodian in good faith | ||||||
| 20 | selects and depends
upon spiritual means through prayer alone | ||||||
| 21 | for the treatment or cure of
disease or remedial care may be | ||||||
| 22 | considered neglected or abused, but not for
the sole reason | ||||||
| 23 | that his parent, guardian or custodian accepts and
practices | ||||||
| 24 | such beliefs.
| ||||||
| 25 | A child shall not be considered neglected or abused solely | ||||||
| 26 | because the
child is not attending school in accordance with | ||||||
| |||||||
| |||||||
| 1 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
| 2 | Nothing in this Act prohibits a mandated reporter who | ||||||
| 3 | reasonably believes that an animal is being abused or neglected | ||||||
| 4 | in violation of the Humane Care for Animals Act from reporting | ||||||
| 5 | animal abuse or neglect to the Department of Agriculture's | ||||||
| 6 | Bureau of Animal Health and Welfare. | ||||||
| 7 | A home rule unit may not regulate the reporting of child | ||||||
| 8 | abuse or neglect in a manner inconsistent with the provisions | ||||||
| 9 | of this Section. This Section is a limitation under subsection | ||||||
| 10 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
| 11 | the concurrent exercise by home rule units of powers and | ||||||
| 12 | functions exercised by the State. | ||||||
| 13 | For purposes of this Section "child abuse or neglect" | ||||||
| 14 | includes abuse or neglect of an adult resident as defined in | ||||||
| 15 | this Act. | ||||||
| 16 | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
| ||||||
| 17 | Section 10. The Criminal Code of 2012 is amended by | ||||||
| 18 | changing Section 14-3 as follows:
| ||||||
| 19 | (720 ILCS 5/14-3) | ||||||
| 20 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
| 21 | exempt from the provisions of this Article: | ||||||
| 22 | (a) Listening to radio, wireless electronic | ||||||
| 23 | communications, and television communications of
any sort | ||||||
| 24 | where the same are publicly made; | ||||||
| |||||||
| |||||||
| 1 | (b) Hearing conversation when heard by employees of any | ||||||
| 2 | common
carrier by wire incidental to the normal course of their | ||||||
| 3 | employment in
the operation, maintenance or repair of the | ||||||
| 4 | equipment of such common
carrier by wire so long as no | ||||||
| 5 | information obtained thereby is used or
divulged by the hearer; | ||||||
| 6 | (c) Any broadcast by radio, television or otherwise whether | ||||||
| 7 | it be a
broadcast or recorded for the purpose of later | ||||||
| 8 | broadcasts of any
function where the public is in attendance | ||||||
| 9 | and the conversations are
overheard incidental to the main | ||||||
| 10 | purpose for which such broadcasts are
then being made; | ||||||
| 11 | (d) Recording or listening with the aid of any device to | ||||||
| 12 | any
emergency communication made in the normal course of | ||||||
| 13 | operations by any
federal, state or local law enforcement | ||||||
| 14 | agency or institutions dealing
in emergency services, | ||||||
| 15 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
| 16 | services, fire fighting agencies, any public utility,
| ||||||
| 17 | emergency repair facility, civilian defense establishment or | ||||||
| 18 | military
installation; | ||||||
| 19 | (e) Recording the proceedings of any meeting required to be | ||||||
| 20 | open by
the Open Meetings Act, as amended; | ||||||
| 21 | (f) Recording or listening with the aid of any device to | ||||||
| 22 | incoming
telephone calls of phone lines publicly listed or | ||||||
| 23 | advertised as consumer
"hotlines" by manufacturers or | ||||||
| 24 | retailers of food and drug products. Such
recordings must be | ||||||
| 25 | destroyed, erased or turned over to local law
enforcement | ||||||
| 26 | authorities within 24 hours from the time of such recording and
| ||||||
| |||||||
| |||||||
| 1 | shall not be otherwise disseminated. Failure on the part of the | ||||||
| 2 | individual
or business operating any such recording or | ||||||
| 3 | listening device to comply with
the requirements of this | ||||||
| 4 | subsection shall eliminate any civil or criminal
immunity | ||||||
| 5 | conferred upon that individual or business by the operation of
| ||||||
| 6 | this Section; | ||||||
| 7 | (g) With prior notification to the State's Attorney of the
| ||||||
| 8 | county in which
it is to occur, recording or listening with the | ||||||
| 9 | aid of any device to any
conversation
where a law enforcement | ||||||
| 10 | officer, or any person acting at the direction of law
| ||||||
| 11 | enforcement, is a party to the conversation and has consented | ||||||
| 12 | to it being
intercepted or recorded under circumstances where | ||||||
| 13 | the use of the device is
necessary for the protection of the | ||||||
| 14 | law enforcement officer or any person
acting at the direction | ||||||
| 15 | of law enforcement, in the course of an
investigation
of a | ||||||
| 16 | forcible felony, a felony offense of involuntary servitude, | ||||||
| 17 | involuntary sexual servitude of a minor, or trafficking in | ||||||
| 18 | persons under Section 10-9 of this Code, an offense involving | ||||||
| 19 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
| 20 | felony violation of the Illinois Controlled Substances
Act, a | ||||||
| 21 | felony violation of the Cannabis Control Act, a felony | ||||||
| 22 | violation of the Methamphetamine Control and Community | ||||||
| 23 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
| 24 | felony as those terms are defined in the Illinois
Streetgang | ||||||
| 25 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
| 26 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
| 2 | evidence derived
as the
result of this exemption shall be | ||||||
| 3 | inadmissible in any proceeding, criminal,
civil or
| ||||||
| 4 | administrative, except (i) where a party to the conversation | ||||||
| 5 | suffers great
bodily injury or is killed during such | ||||||
| 6 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
| 7 | witness concerning matters contained in
the interception or | ||||||
| 8 | recording. The Director of the
Department of
State Police shall | ||||||
| 9 | issue regulations as are necessary concerning the use of
| ||||||
| 10 | devices, retention of tape recordings, and reports regarding | ||||||
| 11 | their
use; | ||||||
| 12 | (g-5) (Blank); | ||||||
| 13 | (g-6) With approval of the State's Attorney of the county | ||||||
| 14 | in which it is to occur, recording or listening with the aid of | ||||||
| 15 | any device to any conversation where a law enforcement officer, | ||||||
| 16 | or any person acting at the direction of law enforcement, is a | ||||||
| 17 | party to the conversation and has consented to it being | ||||||
| 18 | intercepted or recorded in the course of an investigation of | ||||||
| 19 | child pornography, aggravated child pornography, indecent | ||||||
| 20 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
| 21 | of a child, aggravated criminal sexual abuse in which the | ||||||
| 22 | victim of the offense was at the time of the commission of the | ||||||
| 23 | offense under 18 years of age, or criminal sexual abuse by | ||||||
| 24 | force or threat of force in which the victim of the offense was | ||||||
| 25 | at the time of the commission of the offense under 18 years of | ||||||
| 26 | age. In all such cases, an application for an order approving | ||||||
| |||||||
| |||||||
| 1 | the previous or continuing use of an eavesdropping device must | ||||||
| 2 | be made within 48 hours of the commencement of such use. In the | ||||||
| 3 | absence of such an order, or upon its denial, any continuing | ||||||
| 4 | use shall immediately terminate. The Director of State Police | ||||||
| 5 | shall issue rules as are necessary concerning the use of | ||||||
| 6 | devices, retention of recordings, and reports regarding their | ||||||
| 7 | use.
Any recording or evidence obtained or derived in the | ||||||
| 8 | course of an investigation of child pornography, aggravated | ||||||
| 9 | child pornography, indecent solicitation of a child, luring of | ||||||
| 10 | a minor, sexual exploitation of a child, aggravated criminal | ||||||
| 11 | sexual abuse in which the victim of the offense was at the time | ||||||
| 12 | of the commission of the offense under 18 years of age, or | ||||||
| 13 | criminal sexual abuse by force or threat of force in which the | ||||||
| 14 | victim of the offense was at the time of the commission of the | ||||||
| 15 | offense under 18 years of age shall, upon motion of the State's | ||||||
| 16 | Attorney or Attorney General prosecuting any case involving | ||||||
| 17 | child pornography, aggravated child pornography, indecent | ||||||
| 18 | solicitation of a child, luring of a minor, sexual exploitation | ||||||
| 19 | of a child, aggravated criminal sexual abuse in which the | ||||||
| 20 | victim of the offense was at the time of the commission of the | ||||||
| 21 | offense under 18 years of age, or criminal sexual abuse by | ||||||
| 22 | force or threat of force in which the victim of the offense was | ||||||
| 23 | at the time of the commission of the offense under 18 years of | ||||||
| 24 | age be reviewed in camera with notice to all parties present by | ||||||
| 25 | the court presiding over the criminal case, and, if ruled by | ||||||
| 26 | the court to be relevant and otherwise admissible, it shall be | ||||||
| |||||||
| |||||||
| 1 | admissible at the trial of the criminal case. Absent such a | ||||||
| 2 | ruling, any such recording or evidence shall not be admissible | ||||||
| 3 | at the trial of the criminal case; | ||||||
| 4 | (h) Recordings made simultaneously with the use of an | ||||||
| 5 | in-car video camera recording of an oral
conversation between a | ||||||
| 6 | uniformed peace officer, who has identified his or her office, | ||||||
| 7 | and
a person in the presence of the peace officer whenever (i) | ||||||
| 8 | an officer assigned a patrol vehicle is conducting an | ||||||
| 9 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
| 10 | activated or would otherwise be activated if not for the need | ||||||
| 11 | to conceal the presence of law enforcement. | ||||||
| 12 | For the purposes of this subsection (h), "enforcement stop" | ||||||
| 13 | means an action by a law enforcement officer in relation to | ||||||
| 14 | enforcement and investigation duties, including but not | ||||||
| 15 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
| 16 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
| 17 | roadside safety checks, requests for identification, or | ||||||
| 18 | responses to requests for emergency assistance; | ||||||
| 19 | (h-5) Recordings of utterances made by a person while in | ||||||
| 20 | the presence of a uniformed peace officer and while an occupant | ||||||
| 21 | of a police vehicle including, but not limited to, (i) | ||||||
| 22 | recordings made simultaneously with the use of an in-car video | ||||||
| 23 | camera and (ii) recordings made in the presence of the peace | ||||||
| 24 | officer utilizing video or audio systems, or both, authorized | ||||||
| 25 | by the law enforcement agency; | ||||||
| 26 | (h-10) Recordings made simultaneously with a video camera | ||||||
| |||||||
| |||||||
| 1 | recording during
the use of a taser or similar weapon or device | ||||||
| 2 | by a peace officer if the weapon or device is equipped with | ||||||
| 3 | such camera; | ||||||
| 4 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
| 5 | (h-10) shall be retained by the law enforcement agency that | ||||||
| 6 | employs the peace officer who made the recordings for a storage | ||||||
| 7 | period of 90 days, unless the recordings are made as a part of | ||||||
| 8 | an arrest or the recordings are deemed evidence in any | ||||||
| 9 | criminal, civil, or administrative proceeding and then the | ||||||
| 10 | recordings must only be destroyed upon a final disposition and | ||||||
| 11 | an order from the court. Under no circumstances shall any | ||||||
| 12 | recording be altered or erased prior to the expiration of the | ||||||
| 13 | designated storage period. Upon completion of the storage | ||||||
| 14 | period, the recording medium may be erased and reissued for | ||||||
| 15 | operational use; | ||||||
| 16 | (i) Recording of a conversation made by or at the request | ||||||
| 17 | of a person, not a
law enforcement officer or agent of a law | ||||||
| 18 | enforcement officer, who is a party
to the conversation, under | ||||||
| 19 | reasonable suspicion that another party to the
conversation is | ||||||
| 20 | committing, is about to commit, or has committed a criminal
| ||||||
| 21 | offense against the person or a member of his or her immediate | ||||||
| 22 | household, and
there is reason to believe that evidence of the | ||||||
| 23 | criminal offense may be
obtained by the recording; | ||||||
| 24 | (i-5) Recordings made of a person under reasonable | ||||||
| 25 | suspicion that the person is committing, is about to commit, or | ||||||
| 26 | has committed an act of abuse as defined in Section 103 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Domestic Violence Act of 1986, and there is reason to | ||||||
| 2 | believe that evidence of the act of abuse may be obtained by | ||||||
| 3 | the recording; | ||||||
| 4 | (j) The use of a telephone monitoring device by either (1) | ||||||
| 5 | a
corporation or other business entity engaged in marketing or | ||||||
| 6 | opinion research
or (2) a corporation or other business entity | ||||||
| 7 | engaged in telephone
solicitation, as
defined in this | ||||||
| 8 | subsection, to record or listen to oral telephone solicitation
| ||||||
| 9 | conversations or marketing or opinion research conversations | ||||||
| 10 | by an employee of
the corporation or other business entity | ||||||
| 11 | when: | ||||||
| 12 | (i) the monitoring is used for the purpose of service | ||||||
| 13 | quality control of
marketing or opinion research or | ||||||
| 14 | telephone solicitation, the education or
training of | ||||||
| 15 | employees or contractors
engaged in marketing or opinion | ||||||
| 16 | research or telephone solicitation, or internal
research | ||||||
| 17 | related to marketing or
opinion research or telephone
| ||||||
| 18 | solicitation; and | ||||||
| 19 | (ii) the monitoring is used with the consent of at | ||||||
| 20 | least one person who
is an active party to the marketing or | ||||||
| 21 | opinion research conversation or
telephone solicitation | ||||||
| 22 | conversation being
monitored. | ||||||
| 23 | No communication or conversation or any part, portion, or | ||||||
| 24 | aspect of the
communication or conversation made, acquired, or | ||||||
| 25 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
| 26 | be, directly or indirectly, furnished to any law
enforcement | ||||||
| |||||||
| |||||||
| 1 | officer, agency, or official for any purpose or used in any | ||||||
| 2 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
| 3 | any administrative,
judicial, or other proceeding, or divulged | ||||||
| 4 | to any third party. | ||||||
| 5 | When recording or listening authorized by this subsection | ||||||
| 6 | (j) on telephone
lines used for marketing or opinion research | ||||||
| 7 | or telephone solicitation purposes
results in recording or
| ||||||
| 8 | listening to a conversation that does not relate to marketing | ||||||
| 9 | or opinion
research or telephone solicitation; the
person | ||||||
| 10 | recording or listening shall, immediately upon determining | ||||||
| 11 | that the
conversation does not relate to marketing or opinion | ||||||
| 12 | research or telephone
solicitation, terminate the recording
or | ||||||
| 13 | listening and destroy any such recording as soon as is | ||||||
| 14 | practicable. | ||||||
| 15 | Business entities that use a telephone monitoring or | ||||||
| 16 | telephone recording
system pursuant to this exemption (j) shall | ||||||
| 17 | provide current and prospective
employees with notice that the | ||||||
| 18 | monitoring or recordings may occur during the
course of their | ||||||
| 19 | employment. The notice shall include prominent signage
| ||||||
| 20 | notification within the workplace. | ||||||
| 21 | Business entities that use a telephone monitoring or | ||||||
| 22 | telephone recording
system pursuant to this exemption (j) shall | ||||||
| 23 | provide their employees or agents
with access to personal-only | ||||||
| 24 | telephone lines which may be pay telephones, that
are not | ||||||
| 25 | subject to telephone monitoring or telephone recording. | ||||||
| 26 | For the purposes of this subsection (j), "telephone | ||||||
| |||||||
| |||||||
| 1 | solicitation" means a
communication through the use of a | ||||||
| 2 | telephone by live operators: | ||||||
| 3 | (i) soliciting the sale of goods or services; | ||||||
| 4 | (ii) receiving orders for the sale of goods or | ||||||
| 5 | services; | ||||||
| 6 | (iii) assisting in the use of goods or services; or | ||||||
| 7 | (iv) engaging in the solicitation, administration, or | ||||||
| 8 | collection of bank
or
retail credit accounts. | ||||||
| 9 | For the purposes of this subsection (j), "marketing or | ||||||
| 10 | opinion research"
means
a marketing or opinion research | ||||||
| 11 | interview conducted by a live telephone
interviewer engaged by | ||||||
| 12 | a corporation or other business entity whose principal
business | ||||||
| 13 | is the design, conduct, and analysis of polls and surveys | ||||||
| 14 | measuring
the
opinions, attitudes, and responses of | ||||||
| 15 | respondents toward products and services,
or social or | ||||||
| 16 | political issues, or both; | ||||||
| 17 | (k) Electronic recordings, including but not limited to, a | ||||||
| 18 | motion picture,
videotape, digital, or other visual or audio | ||||||
| 19 | recording, made of a custodial
interrogation of an individual | ||||||
| 20 | at a police station or other place of detention
by a law | ||||||
| 21 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
| 22 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
| 23 | Procedure of 1963; | ||||||
| 24 | (l) Recording the interview or statement of any person when | ||||||
| 25 | the person
knows that the interview is being conducted by a law | ||||||
| 26 | enforcement officer or
prosecutor and the interview takes place | ||||||
| |||||||
| |||||||
| 1 | at a police station that is currently
participating in the | ||||||
| 2 | Custodial Interview Pilot Program established under the
| ||||||
| 3 | Illinois Criminal Justice Information Act; | ||||||
| 4 | (m) An electronic recording, including but not limited to, | ||||||
| 5 | a motion picture,
videotape, digital, or other visual or audio | ||||||
| 6 | recording, made of the interior of a school bus while the | ||||||
| 7 | school bus is being used in the transportation of students to | ||||||
| 8 | and from school and school-sponsored activities, when the | ||||||
| 9 | school board has adopted a policy authorizing such recording, | ||||||
| 10 | notice of such recording policy is included in student | ||||||
| 11 | handbooks and other documents including the policies of the | ||||||
| 12 | school, notice of the policy regarding recording is provided to | ||||||
| 13 | parents of students, and notice of such recording is clearly | ||||||
| 14 | posted on the door of and inside the school bus.
| ||||||
| 15 | Recordings made pursuant to this subsection (m) shall be | ||||||
| 16 | confidential records and may only be used by school officials | ||||||
| 17 | (or their designees) and law enforcement personnel for | ||||||
| 18 | investigations, school disciplinary actions and hearings, | ||||||
| 19 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
| 20 | prosecutions, related to incidents occurring in or around the | ||||||
| 21 | school bus; | ||||||
| 22 | (n)
Recording or listening to an audio transmission from a | ||||||
| 23 | microphone placed by a person under the authority of a law | ||||||
| 24 | enforcement agency inside a bait car surveillance vehicle while | ||||||
| 25 | simultaneously capturing a photographic or video image; | ||||||
| 26 | (o) The use of an eavesdropping camera or audio device | ||||||
| |||||||
| |||||||
| 1 | during an ongoing hostage or barricade situation by a law | ||||||
| 2 | enforcement officer or individual acting on behalf of a law | ||||||
| 3 | enforcement officer when the use of such device is necessary to | ||||||
| 4 | protect the safety of the general public, hostages, or law | ||||||
| 5 | enforcement officers or anyone acting on their behalf; | ||||||
| 6 | (p) Recording or listening with the aid of any device to | ||||||
| 7 | incoming telephone calls of phone lines publicly listed or | ||||||
| 8 | advertised as the "CPS Violence Prevention Hotline", but only | ||||||
| 9 | where the notice of recording is given at the beginning of each | ||||||
| 10 | call as required by Section 34-21.8 of the School Code. The | ||||||
| 11 | recordings may be retained only by the Chicago Police | ||||||
| 12 | Department or other law enforcement authorities, and shall not | ||||||
| 13 | be otherwise retained or disseminated; | ||||||
| 14 | (q)(1) With prior request to and written or verbal approval | ||||||
| 15 | of the State's Attorney of the county in which the conversation | ||||||
| 16 | is anticipated to occur, recording or listening with the aid of | ||||||
| 17 | an eavesdropping device to a conversation in which a law | ||||||
| 18 | enforcement officer, or any person acting at the direction of a | ||||||
| 19 | law enforcement officer, is a party to the conversation and has | ||||||
| 20 | consented to the conversation being intercepted or recorded in | ||||||
| 21 | the course of an investigation of a qualified offense. The | ||||||
| 22 | State's Attorney may grant this approval only after determining | ||||||
| 23 | that reasonable cause exists to believe that inculpatory | ||||||
| 24 | conversations concerning a qualified offense will occur with a | ||||||
| 25 | specified individual or individuals within a designated period | ||||||
| 26 | of time. | ||||||
| |||||||
| |||||||
| 1 | (2) Request for approval. To invoke the exception contained | ||||||
| 2 | in this subsection (q), a law enforcement officer shall make a | ||||||
| 3 | request for approval to the appropriate State's Attorney. The | ||||||
| 4 | request may be written or verbal; however, a written | ||||||
| 5 | memorialization of the request must be made by the State's | ||||||
| 6 | Attorney. This request for approval shall include whatever | ||||||
| 7 | information is deemed necessary by the State's Attorney but | ||||||
| 8 | shall include, at a minimum, the following information about | ||||||
| 9 | each specified individual whom the law enforcement officer | ||||||
| 10 | believes will commit a qualified offense: | ||||||
| 11 | (A) his or her full or partial name, nickname or alias; | ||||||
| 12 | (B) a physical description; or | ||||||
| 13 | (C) failing either (A) or (B) of this paragraph (2), | ||||||
| 14 | any other supporting information known to the law | ||||||
| 15 | enforcement officer at the time of the request that gives | ||||||
| 16 | rise to reasonable cause to believe that the specified | ||||||
| 17 | individual will participate in an inculpatory conversation | ||||||
| 18 | concerning a qualified offense. | ||||||
| 19 | (3) Limitations on approval. Each written approval by the | ||||||
| 20 | State's Attorney under this subsection (q) shall be limited to: | ||||||
| 21 | (A) a recording or interception conducted by a | ||||||
| 22 | specified law enforcement officer or person acting at the | ||||||
| 23 | direction of a law enforcement officer; | ||||||
| 24 | (B) recording or intercepting conversations with the | ||||||
| 25 | individuals specified in the request for approval, | ||||||
| 26 | provided that the verbal approval shall be deemed to | ||||||
| |||||||
| |||||||
| 1 | include the recording or intercepting of conversations | ||||||
| 2 | with other individuals, unknown to the law enforcement | ||||||
| 3 | officer at the time of the request for approval, who are | ||||||
| 4 | acting in conjunction with or as co-conspirators with the | ||||||
| 5 | individuals specified in the request for approval in the | ||||||
| 6 | commission of a qualified offense; | ||||||
| 7 | (C) a reasonable period of time but in no event longer | ||||||
| 8 | than 24 consecutive hours; | ||||||
| 9 | (D) the written request for approval, if applicable, or | ||||||
| 10 | the written memorialization must be filed, along with the | ||||||
| 11 | written approval, with the circuit clerk of the | ||||||
| 12 | jurisdiction on the next business day following the | ||||||
| 13 | expiration of the authorized period of time, and shall be | ||||||
| 14 | subject to review by the Chief Judge or his or her designee | ||||||
| 15 | as deemed appropriate by the court. | ||||||
| 16 | (3.5) The written memorialization of the request for | ||||||
| 17 | approval and the written approval by the State's Attorney may | ||||||
| 18 | be in any format, including via facsimile, email, or otherwise, | ||||||
| 19 | so long as it is capable of being filed with the circuit clerk. | ||||||
| 20 | (3.10) Beginning March 1, 2015, each State's Attorney shall | ||||||
| 21 | annually submit a report to the General Assembly disclosing: | ||||||
| 22 | (A) the number of requests for each qualified offense | ||||||
| 23 | for approval under this subsection; and | ||||||
| 24 | (B) the number of approvals for each qualified offense | ||||||
| 25 | given by the State's Attorney. | ||||||
| 26 | (4) Admissibility of evidence. No part of the contents of | ||||||
| |||||||
| |||||||
| 1 | any wire, electronic, or oral communication that has been | ||||||
| 2 | recorded or intercepted as a result of this exception may be | ||||||
| 3 | received in evidence in any trial, hearing, or other proceeding | ||||||
| 4 | in or before any court, grand jury, department, officer, | ||||||
| 5 | agency, regulatory body, legislative committee, or other | ||||||
| 6 | authority of this State, or a political subdivision of the | ||||||
| 7 | State, other than in a prosecution of: | ||||||
| 8 | (A) the qualified offense for which approval was given | ||||||
| 9 | to record or intercept a conversation under this subsection | ||||||
| 10 | (q); | ||||||
| 11 | (B) a forcible felony committed directly in the course | ||||||
| 12 | of the investigation of the qualified offense for which | ||||||
| 13 | approval was given to record or intercept a conversation | ||||||
| 14 | under this subsection (q); or | ||||||
| 15 | (C) any other forcible felony committed while the | ||||||
| 16 | recording or interception was approved in accordance with | ||||||
| 17 | this subsection (q), but for this specific category of | ||||||
| 18 | prosecutions, only if the law enforcement officer or person | ||||||
| 19 | acting at the direction of a law enforcement officer who | ||||||
| 20 | has consented to the conversation being intercepted or | ||||||
| 21 | recorded suffers great bodily injury or is killed during | ||||||
| 22 | the commission of the charged forcible felony. | ||||||
| 23 | (5) Compliance with the provisions of this subsection is a | ||||||
| 24 | prerequisite to the admissibility in evidence of any part of | ||||||
| 25 | the contents of any wire, electronic or oral communication that | ||||||
| 26 | has been intercepted as a result of this exception, but nothing | ||||||
| |||||||
| |||||||
| 1 | in this subsection shall be deemed to prevent a court from | ||||||
| 2 | otherwise excluding the evidence on any other ground recognized | ||||||
| 3 | by State or federal law, nor shall anything in this subsection | ||||||
| 4 | be deemed to prevent a court from independently reviewing the | ||||||
| 5 | admissibility of the evidence for compliance with the Fourth | ||||||
| 6 | Amendment to the U.S. Constitution or with Article I, Section 6 | ||||||
| 7 | of the Illinois Constitution. | ||||||
| 8 | (6) Use of recordings or intercepts unrelated to qualified | ||||||
| 9 | offenses. Whenever any private conversation or private | ||||||
| 10 | electronic communication has been recorded or intercepted as a | ||||||
| 11 | result of this exception that is not related to an offense for | ||||||
| 12 | which the recording or intercept is admissible under paragraph | ||||||
| 13 | (4) of this subsection (q), no part of the contents of the | ||||||
| 14 | communication and evidence derived from the communication may | ||||||
| 15 | be received in evidence in any trial, hearing, or other | ||||||
| 16 | proceeding in or before any court, grand jury, department, | ||||||
| 17 | officer, agency, regulatory body, legislative committee, or | ||||||
| 18 | other authority of this State, or a political subdivision of | ||||||
| 19 | the State, nor may it be publicly disclosed in any way. | ||||||
| 20 | (6.5) The Department of State Police shall adopt rules as | ||||||
| 21 | are necessary concerning the use of devices, retention of | ||||||
| 22 | recordings, and reports regarding their use under this | ||||||
| 23 | subsection (q). | ||||||
| 24 | (7) Definitions. For the purposes of this subsection (q) | ||||||
| 25 | only: | ||||||
| 26 | "Forcible felony" includes and is limited to those | ||||||
| |||||||
| |||||||
| 1 | offenses contained in Section 2-8 of the Criminal Code of | ||||||
| 2 | 1961 as of the effective date of this amendatory Act of the | ||||||
| 3 | 97th General Assembly, and only as those offenses have been | ||||||
| 4 | defined by law or judicial interpretation as of that date. | ||||||
| 5 | "Qualified offense" means and is limited to: | ||||||
| 6 | (A) a felony violation of the Cannabis Control Act, | ||||||
| 7 | the Illinois Controlled Substances Act, or the | ||||||
| 8 | Methamphetamine Control and Community Protection Act, | ||||||
| 9 | except for violations of: | ||||||
| 10 | (i) Section 4 of the Cannabis Control Act; | ||||||
| 11 | (ii) Section 402 of the Illinois Controlled | ||||||
| 12 | Substances Act; and | ||||||
| 13 | (iii) Section 60 of the Methamphetamine | ||||||
| 14 | Control and Community Protection Act; and | ||||||
| 15 | (B) first degree murder, solicitation of murder | ||||||
| 16 | for hire, predatory criminal sexual assault of a child, | ||||||
| 17 | criminal sexual assault, aggravated criminal sexual | ||||||
| 18 | assault, aggravated arson, kidnapping, aggravated | ||||||
| 19 | kidnapping, child abduction, trafficking in persons, | ||||||
| 20 | involuntary servitude, involuntary sexual servitude of | ||||||
| 21 | a minor, or gunrunning. | ||||||
| 22 | "State's Attorney" includes and is limited to the | ||||||
| 23 | State's Attorney or an assistant State's Attorney | ||||||
| 24 | designated by the State's Attorney to provide verbal | ||||||
| 25 | approval to record or intercept conversations under this | ||||||
| 26 | subsection (q). | ||||||
| |||||||
| |||||||
| 1 | (8) Sunset. This subsection (q) is inoperative on and after | ||||||
| 2 | January 1, 2020. No conversations intercepted pursuant to this | ||||||
| 3 | subsection (q), while operative, shall be inadmissible in a | ||||||
| 4 | court of law by virtue of the inoperability of this subsection | ||||||
| 5 | (q) on January 1, 2020. | ||||||
| 6 | (9) Recordings, records, and custody. Any private | ||||||
| 7 | conversation or private electronic communication intercepted | ||||||
| 8 | by a law enforcement officer or a person acting at the | ||||||
| 9 | direction of law enforcement shall, if practicable, be recorded | ||||||
| 10 | in such a way as will protect the recording from editing or | ||||||
| 11 | other alteration. Any and all original recordings made under | ||||||
| 12 | this subsection (q) shall be inventoried without unnecessary | ||||||
| 13 | delay pursuant to the law enforcement agency's policies for | ||||||
| 14 | inventorying evidence. The original recordings shall not be | ||||||
| 15 | destroyed except upon an order of a court of competent | ||||||
| 16 | jurisdiction; and | ||||||
| 17 | (r) Electronic recordings, including but not limited to, | ||||||
| 18 | motion picture, videotape, digital, or other visual or audio | ||||||
| 19 | recording, made of a lineup under Section 107A-2 of the Code of | ||||||
| 20 | Criminal Procedure of 1963. | ||||||
| 21 | (Source: P.A. 100-572, eff. 12-29-17.)
| ||||||
| 22 | Section 15. The Code of Civil Procedure is amended by | ||||||
| 23 | changing Section 8-803 as follows:
| ||||||
| 24 | (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 8-803. Clergy. A clergyman or practitioner of any | ||||||
| 2 | religious denomination
accredited by the religious body to | ||||||
| 3 | which
he or she belongs, shall not be compelled to disclose in | ||||||
| 4 | any court, or to
any administrative board or agency, or to any | ||||||
| 5 | public officer, a confession
or admission made to him or her in | ||||||
| 6 | his or her professional character or
as a spiritual advisor in | ||||||
| 7 | the course of the discipline enjoined by the rules
or practices | ||||||
| 8 | of such religious body or of the religion which he or she | ||||||
| 9 | professes,
nor be compelled to divulge any information which | ||||||
| 10 | has been obtained by him
or her in such professional character | ||||||
| 11 | or as such spiritual advisor.
| ||||||
| 12 | This privilege shall not apply (i) when a member of the | ||||||
| 13 | clergy is required to report child abuse or neglect pursuant to | ||||||
| 14 | Section 4 of the Abused and Neglected Child Reporting Act, (ii) | ||||||
| 15 | in a case involving domestic violence pursuant to the Illinois | ||||||
| 16 | Domestic Violence Act of 1986, or (iii) in a case involving | ||||||
| 17 | violent criminal matters. | ||||||
| 18 | (Source: P.A. 82-280.)
| ||||||
| 19 | Section 20. The Illinois Domestic Violence Act of 1986 is | ||||||
| 20 | amended by changing Sections 102, 103, 214, and 302 and by | ||||||
| 21 | adding Sections 212.5, 213.4, and 302.5 as follows:
| ||||||
| 22 | (750 ILCS 60/102) (from Ch. 40, par. 2311-2)
| ||||||
| 23 | Sec. 102. Purposes; rules of construction. This Act shall | ||||||
| 24 | be
liberally construed and applied to promote its underlying | ||||||
| |||||||
| |||||||
| 1 | purposes, which are
to:
| ||||||
| 2 | (1) Recognize that domestic violence is a serious offense | ||||||
| 3 | against individuals, families, and society that has serious | ||||||
| 4 | negative short-term and long-term effects on individuals and | ||||||
| 5 | families in this State, including post-traumatic stress | ||||||
| 6 | disorder, injuries, death, physical ailments, emotional | ||||||
| 7 | distress, trauma, divorce, homelessness, poverty, instability, | ||||||
| 8 | and emotionally and physically unhealthy children and adults | ||||||
| 9 | Recognize domestic violence as a serious crime against the
| ||||||
| 10 | individual and society which produces family disharmony in | ||||||
| 11 | thousands of
Illinois families,
promotes a pattern of | ||||||
| 12 | escalating violence which frequently culminates in
| ||||||
| 13 | intra-family homicide, and creates an emotional atmosphere | ||||||
| 14 | that is not
conducive to healthy childhood development;
| ||||||
| 15 | (2) Recognize that domestic violence is a widespread | ||||||
| 16 | epidemic in our society; Recognize domestic violence against | ||||||
| 17 | high risk adults with
disabilities, who are particularly | ||||||
| 18 | vulnerable due to impairments in ability
to seek or obtain | ||||||
| 19 | protection, as a serious problem which takes on many
forms, | ||||||
| 20 | including physical abuse, sexual abuse, neglect, and | ||||||
| 21 | exploitation,
and facilitate accessibility of remedies under | ||||||
| 22 | the Act in order to provide
immediate and effective assistance | ||||||
| 23 | and protection.
| ||||||
| 24 | (3) Recognize that domestic violence, including emotional, | ||||||
| 25 | verbal, financial, physical, and sexual abuse, as defined by | ||||||
| 26 | the Illinois Coalition on Domestic Violence, is one of the main | ||||||
| |||||||
| |||||||
| 1 | causes of divorce Recognize that the legal system has
| ||||||
| 2 | ineffectively dealt with family violence in the past, allowing | ||||||
| 3 | abusers to
escape effective prosecution or financial | ||||||
| 4 | liability, and has not adequately
acknowledged the criminal | ||||||
| 5 | nature of domestic violence;
that, although many laws have | ||||||
| 6 | changed, in practice there is
still widespread failure to | ||||||
| 7 | appropriately protect and assist victims;
| ||||||
| 8 | (4) Recognize that domestic violence is a pattern of | ||||||
| 9 | violent behavior that is repeated throughout the life of the | ||||||
| 10 | perpetrator, and that the best indicator of future behavior of | ||||||
| 11 | the perpetrator is the past behavior of the perpetrator Support | ||||||
| 12 | the efforts of victims of domestic violence to avoid further
| ||||||
| 13 | abuse by promptly entering and diligently enforcing court | ||||||
| 14 | orders which
prohibit abuse and, when necessary, reduce the | ||||||
| 15 | abuser's access to the
victim and
address any related issues of | ||||||
| 16 | child custody and economic
support, so that victims are not | ||||||
| 17 | trapped in abusive situations by fear of
retaliation, loss of a | ||||||
| 18 | child, financial dependence, or loss of
accessible housing or | ||||||
| 19 | services;
| ||||||
| 20 | (5) Recognize that perpetrators of domestic violence often | ||||||
| 21 | travel from state to state to avoid legal consequences and to | ||||||
| 22 | avoid detection of past history of criminal records and orders | ||||||
| 23 | of protection; Clarify the responsibilities and support the | ||||||
| 24 | efforts of law
enforcement officers to provide immediate, | ||||||
| 25 | effective assistance and
protection for victims of domestic | ||||||
| 26 | violence, recognizing that law
enforcement officers often
| ||||||
| |||||||
| |||||||
| 1 | become the secondary victims of domestic violence, as evidenced | ||||||
| 2 | by the high
rates of police injuries and deaths that occur in | ||||||
| 3 | response to domestic violence
calls; and
| ||||||
| 4 | (6) Recognize that courts and law enforcement do not have | ||||||
| 5 | access to complete criminal records and order of protection | ||||||
| 6 | records; Expand the civil and criminal remedies for victims of | ||||||
| 7 | domestic
violence; including, when necessary, the remedies | ||||||
| 8 | which effect physical
separation of the parties to prevent | ||||||
| 9 | further abuse.
| ||||||
| 10 | (7) Recognize that many actual incidents of domestic | ||||||
| 11 | violence are not reported to law enforcement or the courts, and | ||||||
| 12 | that many actual incidents of domestic violence that are | ||||||
| 13 | reported do not lead to criminal convictions or incarceration | ||||||
| 14 | due to fear of the victims, pressure on the victims to refrain | ||||||
| 15 | from reporting or pressing charges, and lack of zealous | ||||||
| 16 | prosecution; | ||||||
| 17 | (8) Recognize that the court system has not had access to a | ||||||
| 18 | perpetrator's complete past criminal records, arrest records, | ||||||
| 19 | conviction records, and order of protection records when | ||||||
| 20 | determining whether to issue an order of protection; | ||||||
| 21 | (9) Recognize that the courts having access to and | ||||||
| 22 | considering a perpetrator's complete past criminal records, | ||||||
| 23 | arrest records, conviction records, and order of protection | ||||||
| 24 | records gives a more complete picture of the pattern of | ||||||
| 25 | domestic violence that is imperative to determining the threat | ||||||
| 26 | of future violent behavior and protecting the victim when | ||||||
| |||||||
| |||||||
| 1 | determining whether to issue an order of protection; | ||||||
| 2 | (10) Recognize that domestic violence is silenced and | ||||||
| 3 | misunderstood by much of the legal system, which has allowed | ||||||
| 4 | widespread failure in protecting victims of domestic violence; | ||||||
| 5 | (11) Recognize that perpetrators of abuse use the legal | ||||||
| 6 | system and court system to further emotional and financial | ||||||
| 7 | abuse upon their victims, and to force them to incur further | ||||||
| 8 | legal fees; | ||||||
| 9 | (12) Recognize that victims of domestic abuse find it | ||||||
| 10 | extremely difficult to provide sufficient evidence of abuse to | ||||||
| 11 | the court due to the current restrictive laws on recording; | ||||||
| 12 | (13) Recognize that judges who preside over family law or | ||||||
| 13 | domestic violence courtrooms, mandated reporters, victim | ||||||
| 14 | assistance professionals, family law attorneys, family law | ||||||
| 15 | mediators, court-appointed guardians ad litem, court-appointed | ||||||
| 16 | child representatives, court-appointed therapists and | ||||||
| 17 | counselors, and court-appointed experts who practice in the | ||||||
| 18 | area of family law are not currently required to undergo | ||||||
| 19 | domestic violence education; | ||||||
| 20 | (14) Recognize that domestic violence education for judges | ||||||
| 21 | who preside over family law or domestic violence courtrooms, | ||||||
| 22 | mandated reporters, victim assistance professionals, family | ||||||
| 23 | law attorneys, family law mediators, court-appointed guardians | ||||||
| 24 | ad litem, court-appointed child representatives, | ||||||
| 25 | court-appointed therapists and counselors, and court-appointed | ||||||
| 26 | experts who practice in the area of family law would assist | ||||||
| |||||||
| |||||||
| 1 | these professionals in his or her duties and would assist in | ||||||
| 2 | protecting victims of domestic violence. | ||||||
| 3 | (Source: P.A. 86-542; 87-1186.)
| ||||||
| 4 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
| 5 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
| 6 | following
terms shall have the following meanings:
| ||||||
| 7 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
| 8 | of a dependent,
interference with personal liberty or willful | ||||||
| 9 | deprivation but does not include
reasonable direction of a | ||||||
| 10 | minor child by a parent or person in loco parentis.
| ||||||
| 11 | (2) "Adult with disabilities" means an elder adult with | ||||||
| 12 | disabilities
or a high-risk adult with disabilities. A person | ||||||
| 13 | may be an adult with
disabilities for purposes of this Act even | ||||||
| 14 | though he or she has never been
adjudicated an incompetent | ||||||
| 15 | adult. However, no court proceeding may be
initiated or | ||||||
| 16 | continued on
behalf of an adult with disabilities over that | ||||||
| 17 | adult's objection, unless such
proceeding is approved by his or | ||||||
| 18 | her legal guardian, if any.
| ||||||
| 19 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
| 20 | (1).
| ||||||
| 21 | (4) "Elder adult with disabilities" means an adult | ||||||
| 22 | prevented by
advanced age from taking appropriate action to | ||||||
| 23 | protect himself or herself
from abuse by a family or household | ||||||
| 24 | member.
| ||||||
| 25 | (5) "Exploitation" means the illegal, including tortious, | ||||||
| |||||||
| |||||||
| 1 | use of a
high-risk adult with disabilities or of the assets or | ||||||
| 2 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
| 3 | includes, but is not
limited to, the misappropriation of assets | ||||||
| 4 | or resources of a high-risk
adult with disabilities by undue | ||||||
| 5 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
| 6 | deception, or extortion, or the use of such assets or
resources | ||||||
| 7 | in a manner contrary to law.
| ||||||
| 8 | (6) "Family or household members" include spouses, former | ||||||
| 9 | spouses,
parents, children, stepchildren and other persons | ||||||
| 10 | related by blood or
by present or prior marriage, persons
who | ||||||
| 11 | share or formerly shared a common dwelling, persons who have or
| ||||||
| 12 | allegedly have a child in common, persons who share or | ||||||
| 13 | allegedly share a
blood relationship through a child, persons | ||||||
| 14 | who have or have had a dating
or engagement relationship, | ||||||
| 15 | persons with disabilities and their
personal assistants, and | ||||||
| 16 | caregivers as defined in Section 12-4.4a of the Criminal Code | ||||||
| 17 | of 2012.
For purposes of this paragraph, neither a casual | ||||||
| 18 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
| 19 | individuals in business or social
contexts shall be deemed to | ||||||
| 20 | constitute a dating relationship.
In the case of a high-risk | ||||||
| 21 | adult with
disabilities, "family or household members" | ||||||
| 22 | includes any person
who has the responsibility for a high-risk | ||||||
| 23 | adult as a result of a family
relationship or who has assumed | ||||||
| 24 | responsibility for all or a portion of the
care of a high-risk | ||||||
| 25 | adult with disabilities voluntarily, or by express or
implied | ||||||
| 26 | contract, or by court order.
| ||||||
| |||||||
| |||||||
| 1 | (7) "Harassment" means knowing conduct which
is not | ||||||
| 2 | necessary to accomplish a purpose that is reasonable under the
| ||||||
| 3 | circumstances; would cause a reasonable person emotional | ||||||
| 4 | distress; and
does cause emotional distress to the petitioner.
| ||||||
| 5 | Unless the presumption is rebutted by a preponderance of the | ||||||
| 6 | evidence, the
following types of conduct shall be
presumed to | ||||||
| 7 | cause emotional distress:
| ||||||
| 8 | (i) creating a disturbance at petitioner's place of | ||||||
| 9 | employment or school;
| ||||||
| 10 | (ii) repeatedly telephoning petitioner's place of | ||||||
| 11 | employment, home or residence;
| ||||||
| 12 | (iii) repeatedly following petitioner about in a | ||||||
| 13 | public place or places;
| ||||||
| 14 | (iv) repeatedly keeping petitioner under surveillance | ||||||
| 15 | by remaining
present outside his or her
home, school, place | ||||||
| 16 | of employment, vehicle or other place occupied by
| ||||||
| 17 | petitioner or by peering in petitioner's windows;
| ||||||
| 18 | (v) improperly concealing a minor child from | ||||||
| 19 | petitioner, repeatedly
threatening to improperly remove a | ||||||
| 20 | minor child of petitioner's from
the jurisdiction or from | ||||||
| 21 | the physical care of petitioner,
repeatedly threatening to | ||||||
| 22 | conceal a minor
child from petitioner, or making
a single | ||||||
| 23 | such
threat following an actual or attempted improper | ||||||
| 24 | removal or concealment,
unless respondent was fleeing an | ||||||
| 25 | incident or pattern of domestic violence; or
| ||||||
| 26 | (vi) threatening physical force, confinement or | ||||||
| |||||||
| |||||||
| 1 | restraint on one or more occasions.
| ||||||
| 2 | (8) "High-risk adult with disabilities" means a person aged | ||||||
| 3 | 18 or over
whose physical or mental disability impairs his or | ||||||
| 4 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
| 5 | or exploitation.
| ||||||
| 6 | (8.5) "Household animal" means any animal owned, | ||||||
| 7 | possessed, leased, kept, or held by a person or a minor child | ||||||
| 8 | residing in the residence or household. | ||||||
| 9 | (9) "Interference with personal liberty" means committing | ||||||
| 10 | or
threatening physical abuse, harassment, intimidation or
| ||||||
| 11 | willful deprivation so as to
compel another to
engage in | ||||||
| 12 | conduct from which she or he has a right to abstain or to | ||||||
| 13 | refrain from conduct
in which she or he has a right to engage.
| ||||||
| 14 | (10) "Intimidation of a dependent" means subjecting a | ||||||
| 15 | person
who is dependent
because of
age, health or disability to | ||||||
| 16 | participation in or the witnessing of: physical force
against | ||||||
| 17 | another or physical confinement or restraint of another which
| ||||||
| 18 | constitutes physical abuse as defined in this Act, regardless | ||||||
| 19 | of whether the
abused person is a family or household member.
| ||||||
| 20 | (11) (A) "Neglect" means the failure to exercise that | ||||||
| 21 | degree of care
toward a high-risk adult with disabilities which | ||||||
| 22 | a reasonable person would
exercise under the circumstances and | ||||||
| 23 | includes but is not limited to:
| ||||||
| 24 | (i) the failure to take reasonable steps to protect a | ||||||
| 25 | high-risk adult
with disabilities from acts of abuse;
| ||||||
| 26 | (ii) the repeated, careless imposition of unreasonable | ||||||
| |||||||
| |||||||
| 1 | confinement;
| ||||||
| 2 | (iii) the failure to provide food, shelter, clothing, | ||||||
| 3 | and personal
hygiene to a high-risk adult with disabilities | ||||||
| 4 | who requires such assistance;
| ||||||
| 5 | (iv) the failure to provide medical and rehabilitative | ||||||
| 6 | care for the
physical and mental health needs of a | ||||||
| 7 | high-risk adult with disabilities; or
| ||||||
| 8 | (v) the failure to protect a high-risk adult with | ||||||
| 9 | disabilities from
health and safety hazards.
| ||||||
| 10 | (B) Nothing in this subsection (10) shall be construed to | ||||||
| 11 | impose a requirement that
assistance be provided to a high-risk | ||||||
| 12 | adult with disabilities over his or
her objection in the | ||||||
| 13 | absence of a court order, nor to create any new
affirmative | ||||||
| 14 | duty to provide support to a high-risk adult with disabilities.
| ||||||
| 15 | (12) "Order of protection" means an emergency order, | ||||||
| 16 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
| 17 | which includes any or
all of the remedies authorized by Section | ||||||
| 18 | 214 of this Act.
| ||||||
| 19 | (13) "Petitioner" may mean not only any named petitioner | ||||||
| 20 | for the order of
protection and any named victim of abuse on | ||||||
| 21 | whose behalf the petition
is brought, but also any other person | ||||||
| 22 | protected by this Act.
| ||||||
| 23 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
| 24 | of the following:
| ||||||
| 25 | (i) knowing or reckless use of physical force, | ||||||
| 26 | confinement or restraint;
| ||||||
| |||||||
| |||||||
| 1 | (ii) knowing, repeated and unnecessary sleep | ||||||
| 2 | deprivation; or
| ||||||
| 3 | (iii) knowing or reckless conduct which creates an | ||||||
| 4 | immediate
risk of physical harm.
| ||||||
| 5 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
| 6 | both physical presence and nonphysical contact with the | ||||||
| 7 | petitioner whether direct, indirect (including, but not | ||||||
| 8 | limited to, telephone calls, mail, email, faxes, and written | ||||||
| 9 | notes), or through third parties who may or may not know about | ||||||
| 10 | the order of protection.
| ||||||
| 11 | (15) "Willful deprivation" means wilfully denying a person | ||||||
| 12 | who
because of age, health or disability requires medication,
| ||||||
| 13 | medical care, shelter, accessible shelter or services, food,
| ||||||
| 14 | therapeutic device, or other physical
assistance, and thereby | ||||||
| 15 | exposing that person to the risk of physical,
mental or | ||||||
| 16 | emotional harm, except with regard to medical care or treatment
| ||||||
| 17 | when the dependent person has expressed an intent to forgo such | ||||||
| 18 | medical
care or treatment. This paragraph does not
create any | ||||||
| 19 | new affirmative duty to provide support to dependent persons.
| ||||||
| 20 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
| 21 | (750 ILCS 60/212.5 new) | ||||||
| 22 | Sec. 212.5. Domestic violence education and information. | ||||||
| 23 | (a) All judges who preside over family law or domestic | ||||||
| 24 | violence courtrooms, mandated reporters pursuant to Section 4 | ||||||
| 25 | of the Abused and Neglected Child Reporting Act, victim | ||||||
| |||||||
| |||||||
| 1 | assistance professionals, family law attorneys, family law | ||||||
| 2 | mediators, court-appointed guardians ad litem, court-appointed | ||||||
| 3 | child representatives, court-appointed therapists and | ||||||
| 4 | counselors, and court-appointed experts who practice in the | ||||||
| 5 | area of family law shall complete the Domestic Violence | ||||||
| 6 | Foundation Training Course offered by the Illinois Coalition | ||||||
| 7 | Against Domestic Violence. The Domestic Violence Foundation | ||||||
| 8 | Training Course shall include topics regarding physical, | ||||||
| 9 | emotional, and financial abuse, and a specific focus on how | ||||||
| 10 | emotional abuse affects children. | ||||||
| 11 | (b) For current judges and all other professionals | ||||||
| 12 | practicing on the effective date of this amendatory Act of the | ||||||
| 13 | 101st General Assembly, the Domestic Violence Foundation | ||||||
| 14 | Training Course shall be completed within 24 months of the | ||||||
| 15 | effective date of this amendatory Act of the 101st General | ||||||
| 16 | Assembly and every 5 years thereafter. | ||||||
| 17 | (c) For judges who are appointed or elected after the | ||||||
| 18 | effective date of this amendatory Act of the 101st General | ||||||
| 19 | Assembly, the Domestic Violence Foundation Training Course | ||||||
| 20 | shall be completed within 24 months of such appointment or | ||||||
| 21 | election and every 5 years thereafter. For professionals who | ||||||
| 22 | start after the effective date of this amendatory Act of the | ||||||
| 23 | 101st General Assembly, the Domestic Violence Foundation | ||||||
| 24 | Training Course shall be completed within 24 months of starting | ||||||
| 25 | practice in the area of family law or domestic violence and | ||||||
| 26 | every 5 years thereafter. | ||||||
| |||||||
| |||||||
| 1 | (d) The Illinois Coalition Against Domestic Violence shall | ||||||
| 2 | be deemed to be accredited by the State regulatory boards and | ||||||
| 3 | the Domestic Violence Foundation Training Course shall be | ||||||
| 4 | deemed to provide continuing education units by the appropriate | ||||||
| 5 | State regulatory boards in the various professional fields of | ||||||
| 6 | the professionals required to complete the course. | ||||||
| 7 | (e) All respondents against whom an order of protection is | ||||||
| 8 | issued shall be required to complete a 26-week intervention | ||||||
| 9 | program for domestic abuse and violence accredited by the | ||||||
| 10 | Illinois Coalition Against Domestic Violence or one of its | ||||||
| 11 | local members. | ||||||
| 12 | (f) The clerk of the court shall provide to all petitioners | ||||||
| 13 | seeking an order of protection, regardless of whether an order | ||||||
| 14 | of protection is issued, resources and information on domestic | ||||||
| 15 | violence and how to obtain assistance as a victim of domestic | ||||||
| 16 | violence, including, but not limited to: (i) contact | ||||||
| 17 | information for the nearest domestic violence victim support | ||||||
| 18 | organization, the Illinois Coalition Against Domestic | ||||||
| 19 | Violence, the National Domestic Violence Hotline, the local | ||||||
| 20 | police and State's Attorney, and local legal services clinic; | ||||||
| 21 | and (ii) information concerning the various forms of domestic | ||||||
| 22 | abuse, including emotional, verbal, financial, physical, | ||||||
| 23 | sexual, and spiritual abuse.
| ||||||
| 24 | (750 ILCS 60/213.4 new) | ||||||
| 25 | Sec. 213.4. Admissibility of images and recordings. A | ||||||
| |||||||
| |||||||
| 1 | photograph or electronic recording made of a respondent under | ||||||
| 2 | reasonable suspicion that the respondent is committing, is | ||||||
| 3 | about to commit, or has committed an act of abuse, and there is | ||||||
| 4 | reason to believe that evidence of the act of abuse may be | ||||||
| 5 | obtained by the photograph or electronic recording, shall be | ||||||
| 6 | permitted as evidence in a court hearing regarding an order of | ||||||
| 7 | protection, and is exempt from Article 14 of the Criminal Code | ||||||
| 8 | of 2012.
| ||||||
| 9 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
| 10 | Sec. 214. Order of protection; remedies.
| ||||||
| 11 | (a) Issuance of order. If the court finds that petitioner | ||||||
| 12 | has been
abused by a family or household member or that | ||||||
| 13 | petitioner is a high-risk
adult who has been abused, neglected, | ||||||
| 14 | or exploited, as defined in this Act,
an order of protection | ||||||
| 15 | prohibiting the abuse, neglect, or exploitation
shall issue; | ||||||
| 16 | provided that petitioner must also satisfy the requirements of
| ||||||
| 17 | one of the following Sections, as appropriate: Section 217 on | ||||||
| 18 | emergency
orders, Section 218 on interim orders, or Section 219 | ||||||
| 19 | on plenary orders.
Petitioner shall not be denied an order of | ||||||
| 20 | protection because petitioner or
respondent is a minor. The | ||||||
| 21 | court, when determining whether or not to issue
an order of | ||||||
| 22 | protection, shall not require physical manifestations of abuse
| ||||||
| 23 | on the person of the victim. Modification and extension of | ||||||
| 24 | prior
orders of protection shall be in accordance with this | ||||||
| 25 | Act.
| ||||||
| |||||||
| |||||||
| 1 | (1) The court, when determining whether to issue an | ||||||
| 2 | order of protection, shall consider the pattern of domestic | ||||||
| 3 | violence of the respondent, including, but not limited to, | ||||||
| 4 | the complete criminal record and the complete record of | ||||||
| 5 | orders of protection, including arrests, charges, | ||||||
| 6 | convictions, and orders of protection, in this State and | ||||||
| 7 | throughout the United States, for a period of at least 10 | ||||||
| 8 | years. At a minimum, the court shall consider the records | ||||||
| 9 | contained in the National Crime Information Center and the | ||||||
| 10 | Law Enforcement Agencies Data System in this State and all | ||||||
| 11 | other states for a period of at least 10 years. A prior | ||||||
| 12 | indication of abuse or violence, whether against the | ||||||
| 13 | petitioner or against another victim, shall be a | ||||||
| 14 | significant factor in favor of issuing an order of | ||||||
| 15 | protection. There is a rebuttable presumption, which may be | ||||||
| 16 | overcome by clear and convincing evidence, that there is a | ||||||
| 17 | significant likelihood that the perpetrator shall continue | ||||||
| 18 | his or her pattern of domestic violence and abuse in the | ||||||
| 19 | absence of an issued order of protection. | ||||||
| 20 | (2) The court, when determining whether to issue an | ||||||
| 21 | order of protection, shall liberally grant orders of | ||||||
| 22 | protection in line with the purposes of this Act to protect | ||||||
| 23 | the physical, financial, mental, and emotional health of | ||||||
| 24 | the victim. | ||||||
| 25 | (3) If an order of protection is issued, the petitioner | ||||||
| 26 | is entitled to attorney's fees incurred in bringing the | ||||||
| |||||||
| |||||||
| 1 | petition. | ||||||
| 2 | (b) Remedies and standards. The remedies to be included in | ||||||
| 3 | an order of
protection shall be determined in accordance with | ||||||
| 4 | this Section and one of
the following Sections, as appropriate: | ||||||
| 5 | Section 217 on emergency orders,
Section 218 on interim orders, | ||||||
| 6 | and Section 219 on plenary orders. The
remedies listed in this | ||||||
| 7 | subsection shall be in addition to other civil or
criminal | ||||||
| 8 | remedies available to petitioner.
| ||||||
| 9 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
| 10 | Prohibit
respondent's harassment, interference with | ||||||
| 11 | personal liberty, intimidation
of a dependent, physical | ||||||
| 12 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
| 13 | defined in this Act, or stalking of the petitioner, as | ||||||
| 14 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
| 15 | such abuse, neglect,
exploitation, or stalking has | ||||||
| 16 | occurred or otherwise appears likely to occur if
not | ||||||
| 17 | prohibited.
| ||||||
| 18 | (2) Grant of exclusive possession of residence. | ||||||
| 19 | Prohibit respondent from
entering or remaining in any | ||||||
| 20 | residence, household, or premises of the petitioner,
| ||||||
| 21 | including one owned or leased by respondent, if petitioner | ||||||
| 22 | has a right to
occupancy thereof. The grant of exclusive | ||||||
| 23 | possession of the residence, household, or premises shall | ||||||
| 24 | not
affect title to real property, nor shall the court be | ||||||
| 25 | limited by the standard
set forth in subsection (c-2) of | ||||||
| 26 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
| |||||||
| |||||||
| 1 | Marriage
Act.
| ||||||
| 2 | (A) Right to occupancy. A party has a right to | ||||||
| 3 | occupancy of a
residence or household if it is solely | ||||||
| 4 | or jointly owned or leased by that
party, that party's | ||||||
| 5 | spouse, a person with a legal duty to support that | ||||||
| 6 | party or
a minor child in that party's care, or by any | ||||||
| 7 | person or entity other than the
opposing party that | ||||||
| 8 | authorizes that party's occupancy (e.g., a domestic
| ||||||
| 9 | violence shelter). Standards set forth in subparagraph | ||||||
| 10 | (B) shall not preclude
equitable relief.
| ||||||
| 11 | (B) Presumption of hardships. If petitioner and | ||||||
| 12 | respondent
each has the right to occupancy of a | ||||||
| 13 | residence or household, the court
shall balance (i) the | ||||||
| 14 | hardships to respondent and any minor child or
| ||||||
| 15 | dependent adult in respondent's care resulting from | ||||||
| 16 | entry of this remedy with
(ii) the hardships to | ||||||
| 17 | petitioner and any minor child or dependent adult in
| ||||||
| 18 | petitioner's care resulting from continued exposure to | ||||||
| 19 | the risk of abuse
(should petitioner remain at the | ||||||
| 20 | residence or household) or from loss of
possession of | ||||||
| 21 | the residence or household (should petitioner leave to | ||||||
| 22 | avoid the
risk of abuse). When determining the balance | ||||||
| 23 | of hardships, the court shall
also take into account | ||||||
| 24 | the accessibility of the residence or household.
| ||||||
| 25 | Hardships need not be balanced if respondent does not | ||||||
| 26 | have a right to
occupancy.
| ||||||
| |||||||
| |||||||
| 1 | The balance of hardships is presumed to favor | ||||||
| 2 | possession by
petitioner unless the presumption is | ||||||
| 3 | rebutted by a preponderance of the
evidence, showing | ||||||
| 4 | that the hardships to respondent substantially | ||||||
| 5 | outweigh
the hardships to petitioner and any minor | ||||||
| 6 | child or dependent adult in
petitioner's care. The | ||||||
| 7 | court, on the request of petitioner or on its own
| ||||||
| 8 | motion, may order respondent to provide suitable, | ||||||
| 9 | accessible, alternate housing
for petitioner instead | ||||||
| 10 | of excluding respondent from a mutual residence or
| ||||||
| 11 | household.
| ||||||
| 12 | (3) Stay away order and additional prohibitions.
Order | ||||||
| 13 | respondent to stay away from petitioner or any other person
| ||||||
| 14 | protected by the order of protection, or prohibit | ||||||
| 15 | respondent from entering
or remaining present at | ||||||
| 16 | petitioner's school, place of employment, or other
| ||||||
| 17 | specified places at times when petitioner is present, or | ||||||
| 18 | both, if
reasonable, given the balance of hardships. | ||||||
| 19 | Hardships need not be balanced for
the court to enter a | ||||||
| 20 | stay away order or prohibit entry if respondent has no
| ||||||
| 21 | right to enter the premises.
| ||||||
| 22 | (A) If an order of protection grants petitioner | ||||||
| 23 | exclusive possession
of the residence, or prohibits | ||||||
| 24 | respondent from entering the residence,
or orders | ||||||
| 25 | respondent to stay away from petitioner or other
| ||||||
| 26 | protected persons, then the court may allow respondent | ||||||
| |||||||
| |||||||
| 1 | access to the
residence to remove items of clothing and | ||||||
| 2 | personal adornment
used exclusively by respondent, | ||||||
| 3 | medications, and other items as the court
directs. The | ||||||
| 4 | right to access shall be exercised on only one occasion | ||||||
| 5 | as the
court directs and in the presence of an | ||||||
| 6 | agreed-upon adult third party or law
enforcement | ||||||
| 7 | officer.
| ||||||
| 8 | (B) When the petitioner and the respondent attend | ||||||
| 9 | the same public, private, or non-public elementary, | ||||||
| 10 | middle, or high school, the court when issuing an order | ||||||
| 11 | of protection and providing relief shall consider the | ||||||
| 12 | severity of the act, any continuing physical danger or | ||||||
| 13 | emotional distress to the petitioner, the educational | ||||||
| 14 | rights guaranteed to the petitioner and respondent | ||||||
| 15 | under federal and State law, the availability of a | ||||||
| 16 | transfer of the respondent to another school, a change | ||||||
| 17 | of placement or a change of program of the respondent, | ||||||
| 18 | the expense, difficulty, and educational disruption | ||||||
| 19 | that would be caused by a transfer of the respondent to | ||||||
| 20 | another school, and any other relevant facts of the | ||||||
| 21 | case. The court may order that the respondent not | ||||||
| 22 | attend the public, private, or non-public elementary, | ||||||
| 23 | middle, or high school attended by the petitioner, | ||||||
| 24 | order that the respondent accept a change of placement | ||||||
| 25 | or change of program, as determined by the school | ||||||
| 26 | district or private or non-public school, or place | ||||||
| |||||||
| |||||||
| 1 | restrictions on the respondent's movements within the | ||||||
| 2 | school attended by the petitioner.
The respondent | ||||||
| 3 | bears the burden of proving by a preponderance of the | ||||||
| 4 | evidence that a transfer, change of placement, or | ||||||
| 5 | change of program of the respondent is not available. | ||||||
| 6 | The respondent also bears the burden of production with | ||||||
| 7 | respect to the expense, difficulty, and educational | ||||||
| 8 | disruption that would be caused by a transfer of the | ||||||
| 9 | respondent to another school. A transfer, change of | ||||||
| 10 | placement, or change of program is not unavailable to | ||||||
| 11 | the respondent solely on the ground that the respondent | ||||||
| 12 | does not agree with the school district's or private or | ||||||
| 13 | non-public school's transfer, change of placement, or | ||||||
| 14 | change of program or solely on the ground that the | ||||||
| 15 | respondent fails or refuses to consent or otherwise | ||||||
| 16 | does not take an action required to effectuate a | ||||||
| 17 | transfer, change of placement, or change of program.
| ||||||
| 18 | When a court orders a respondent to stay away from the | ||||||
| 19 | public, private, or non-public school attended by the | ||||||
| 20 | petitioner and the respondent requests a transfer to | ||||||
| 21 | another attendance center within the respondent's | ||||||
| 22 | school district or private or non-public school, the | ||||||
| 23 | school district or private or non-public school shall | ||||||
| 24 | have sole discretion to determine the attendance | ||||||
| 25 | center to which the respondent is transferred.
In the | ||||||
| 26 | event the court order results in a transfer of the | ||||||
| |||||||
| |||||||
| 1 | minor respondent to another attendance center, a | ||||||
| 2 | change in the respondent's placement, or a change of | ||||||
| 3 | the respondent's program, the parents, guardian, or | ||||||
| 4 | legal custodian of the respondent is responsible for | ||||||
| 5 | transportation and other costs associated with the | ||||||
| 6 | transfer or change. | ||||||
| 7 | (C) The court may order the parents, guardian, or | ||||||
| 8 | legal custodian of a minor respondent to take certain | ||||||
| 9 | actions or to refrain from taking certain actions to | ||||||
| 10 | ensure that the respondent complies with the order. In | ||||||
| 11 | the event the court orders a transfer of the respondent | ||||||
| 12 | to another school, the parents, guardian, or legal | ||||||
| 13 | custodian of the respondent is responsible for | ||||||
| 14 | transportation and other costs associated with the | ||||||
| 15 | change of school by the respondent. | ||||||
| 16 | (4) Counseling. Require or recommend the respondent to | ||||||
| 17 | undergo
counseling for a specified duration with a social | ||||||
| 18 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
| 19 | family service agency, alcohol or
substance abuse program, | ||||||
| 20 | mental health center guidance counselor, agency
providing | ||||||
| 21 | services to elders, program designed for domestic violence
| ||||||
| 22 | abusers or any other guidance service the court deems | ||||||
| 23 | appropriate. The Court may order the respondent in any | ||||||
| 24 | intimate partner relationship to report to an Illinois | ||||||
| 25 | Department of Human Services protocol approved partner | ||||||
| 26 | abuse intervention program for an assessment and to follow | ||||||
| |||||||
| |||||||
| 1 | all recommended treatment.
| ||||||
| 2 | (5) Physical care and possession of the minor child. In | ||||||
| 3 | order to protect
the minor child from abuse, neglect, or | ||||||
| 4 | unwarranted separation from the person
who has been the | ||||||
| 5 | minor child's primary caretaker, or to otherwise protect | ||||||
| 6 | the
well-being of the minor child, the court may do either | ||||||
| 7 | or both of the
following: (i) grant petitioner physical | ||||||
| 8 | care or possession of the minor child,
or both, or (ii) | ||||||
| 9 | order respondent to return a minor child to, or not remove | ||||||
| 10 | a
minor child from, the physical care of a parent or person | ||||||
| 11 | in loco parentis.
| ||||||
| 12 | If a court finds, after a hearing, that respondent has | ||||||
| 13 | committed abuse
(as defined in Section 103) of a minor | ||||||
| 14 | child, there shall be a
rebuttable presumption that | ||||||
| 15 | awarding physical care to respondent would not
be in the | ||||||
| 16 | minor child's best interest.
| ||||||
| 17 | (6) Temporary allocation of parental responsibilities: | ||||||
| 18 | significant decision-making. Award temporary | ||||||
| 19 | decision-making responsibility to petitioner
in accordance | ||||||
| 20 | with this Section, the Illinois Marriage and Dissolution of
| ||||||
| 21 | Marriage Act, the Illinois Parentage Act of 2015, and this | ||||||
| 22 | State's Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
| 23 | Act.
| ||||||
| 24 | If a court finds, after a hearing, that respondent has | ||||||
| 25 | committed abuse (as
defined in Section 103) of a minor | ||||||
| 26 | child, there shall be a rebuttable
presumption that | ||||||
| |||||||
| |||||||
| 1 | awarding temporary significant decision-making | ||||||
| 2 | responsibility to respondent would not be in
the child's | ||||||
| 3 | best interest.
| ||||||
| 4 | (7) Parenting time. Determine the parenting time, if | ||||||
| 5 | any, of respondent in
any case in which the court awards | ||||||
| 6 | physical care or allocates temporary significant | ||||||
| 7 | decision-making responsibility of
a minor child to | ||||||
| 8 | petitioner. The court shall restrict or deny respondent's | ||||||
| 9 | parenting time
with a minor child if the court finds that | ||||||
| 10 | respondent has done or is
likely to do any of the | ||||||
| 11 | following: (i) abuse or endanger the minor child during | ||||||
| 12 | parenting time; (ii) use the parenting time as an | ||||||
| 13 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
| 14 | family or household members; (iii) improperly
conceal or | ||||||
| 15 | detain the minor child; or (iv) otherwise act in a manner | ||||||
| 16 | that is
not in the best interests of the minor child. The | ||||||
| 17 | court shall not be limited
by the standards set forth in | ||||||
| 18 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
| 19 | Marriage Act. If the court grants parenting time, the order | ||||||
| 20 | shall
specify dates and times for the parenting time to | ||||||
| 21 | take place or other specific
parameters or conditions that | ||||||
| 22 | are appropriate. No order for parenting time shall
refer | ||||||
| 23 | merely to the term "reasonable parenting time".
| ||||||
| 24 | Petitioner may deny respondent access to the minor | ||||||
| 25 | child if, when
respondent arrives for parenting time, | ||||||
| 26 | respondent is under the influence of drugs
or alcohol and | ||||||
| |||||||
| |||||||
| 1 | constitutes a threat to the safety and well-being of
| ||||||
| 2 | petitioner or petitioner's minor children or is behaving in | ||||||
| 3 | a violent or
abusive manner.
| ||||||
| 4 | If necessary to protect any member of petitioner's | ||||||
| 5 | family or
household from future abuse, respondent shall be | ||||||
| 6 | prohibited from coming to
petitioner's residence to meet | ||||||
| 7 | the minor child for parenting time, and the
parties shall | ||||||
| 8 | submit to the court their recommendations for reasonable
| ||||||
| 9 | alternative arrangements for parenting time. A person may | ||||||
| 10 | be approved to
supervise parenting time only after filing | ||||||
| 11 | an affidavit accepting
that responsibility and | ||||||
| 12 | acknowledging accountability to the court.
| ||||||
| 13 | (8) Removal or concealment of minor child. Prohibit | ||||||
| 14 | respondent from
removing a minor child from the State or | ||||||
| 15 | concealing the child within the State.
| ||||||
| 16 | (9) Order to appear. Order the respondent to appear in | ||||||
| 17 | court, alone
or with a minor child, to prevent abuse, | ||||||
| 18 | neglect, removal or concealment of
the child, to return the | ||||||
| 19 | child to the custody or care of the petitioner or
to permit | ||||||
| 20 | any court-ordered interview or examination of the child or | ||||||
| 21 | the
respondent.
| ||||||
| 22 | (10) Possession of personal property. Grant petitioner | ||||||
| 23 | exclusive
possession of personal property and, if | ||||||
| 24 | respondent has possession or
control, direct respondent to | ||||||
| 25 | promptly make it available to petitioner, if:
| ||||||
| 26 | (i) petitioner, but not respondent, owns the | ||||||
| |||||||
| |||||||
| 1 | property; or
| ||||||
| 2 | (ii) the parties own the property jointly; sharing | ||||||
| 3 | it would risk
abuse of petitioner by respondent or is | ||||||
| 4 | impracticable; and the balance of
hardships favors | ||||||
| 5 | temporary possession by petitioner.
| ||||||
| 6 | If petitioner's sole claim to ownership of the property | ||||||
| 7 | is that it is
marital property, the court may award | ||||||
| 8 | petitioner temporary possession
thereof under the | ||||||
| 9 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
| 10 | proper proceeding has been filed under the Illinois | ||||||
| 11 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
| 12 | hereafter amended.
| ||||||
| 13 | No order under this provision shall affect title to | ||||||
| 14 | property.
| ||||||
| 15 | (11) Protection of property. Forbid the respondent | ||||||
| 16 | from taking,
transferring, encumbering, concealing, | ||||||
| 17 | damaging or otherwise disposing of
any real or personal | ||||||
| 18 | property, except as explicitly authorized by the
court, if:
| ||||||
| 19 | (i) petitioner, but not respondent, owns the | ||||||
| 20 | property; or
| ||||||
| 21 | (ii) the parties own the property jointly,
and the | ||||||
| 22 | balance of hardships favors granting this remedy.
| ||||||
| 23 | If petitioner's sole claim to ownership of the property | ||||||
| 24 | is that it is
marital property, the court may grant | ||||||
| 25 | petitioner relief under subparagraph
(ii) of this | ||||||
| 26 | paragraph only if a proper proceeding has been filed under | ||||||
| |||||||
| |||||||
| 1 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 2 | now or hereafter amended.
| ||||||
| 3 | The court may further prohibit respondent from | ||||||
| 4 | improperly using the
financial or other resources of an | ||||||
| 5 | aged member of the family or household
for the profit or | ||||||
| 6 | advantage of respondent or of any other person.
| ||||||
| 7 | (11.5) Protection of animals. Grant the petitioner the | ||||||
| 8 | exclusive care, custody, or control of any animal owned, | ||||||
| 9 | possessed, leased, kept, or held by either the petitioner | ||||||
| 10 | or the respondent or a minor child residing in the | ||||||
| 11 | residence or household of either the petitioner or the | ||||||
| 12 | respondent and order the respondent to stay away from the | ||||||
| 13 | animal and forbid the respondent from taking, | ||||||
| 14 | transferring, encumbering, concealing, harming, or | ||||||
| 15 | otherwise disposing of the animal.
| ||||||
| 16 | (12) Order for payment of support. Order respondent to | ||||||
| 17 | pay temporary
support for the petitioner or any child in | ||||||
| 18 | the petitioner's care or over whom the petitioner has been | ||||||
| 19 | allocated parental responsibility, when the respondent has | ||||||
| 20 | a legal obligation to support that person,
in accordance | ||||||
| 21 | with the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
| 22 | which shall govern, among other matters, the amount of
| ||||||
| 23 | support, payment through the clerk and withholding of | ||||||
| 24 | income to secure
payment. An order for child support may be | ||||||
| 25 | granted to a petitioner with
lawful physical care of a | ||||||
| 26 | child, or an order or agreement for
physical care of a | ||||||
| |||||||
| |||||||
| 1 | child, prior to entry of an order allocating significant | ||||||
| 2 | decision-making responsibility.
Such a support order shall | ||||||
| 3 | expire upon entry of a valid order allocating parental | ||||||
| 4 | responsibility differently and vacating the petitioner's | ||||||
| 5 | significant decision-making authority, unless otherwise | ||||||
| 6 | provided in the order.
| ||||||
| 7 | (13) Order for payment of losses. Order respondent to | ||||||
| 8 | pay petitioner for
losses suffered as a direct result of | ||||||
| 9 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
| 10 | include, but not be limited to, medical expenses, lost
| ||||||
| 11 | earnings or other support, repair or replacement of | ||||||
| 12 | property damaged or taken,
reasonable attorney's fees, | ||||||
| 13 | court costs and moving or other travel expenses,
including | ||||||
| 14 | additional reasonable expenses for temporary shelter and | ||||||
| 15 | restaurant
meals.
| ||||||
| 16 | (i) Losses affecting family needs. If a party is | ||||||
| 17 | entitled to seek
maintenance, child support or | ||||||
| 18 | property distribution from the other party
under the | ||||||
| 19 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
| 20 | now or
hereafter amended, the court may order | ||||||
| 21 | respondent to reimburse petitioner's
actual losses, to | ||||||
| 22 | the extent that such reimbursement would be | ||||||
| 23 | "appropriate
temporary relief", as authorized by | ||||||
| 24 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
| 25 | (ii) Recovery of expenses. In the case of an | ||||||
| 26 | improper concealment
or removal of a minor child, the | ||||||
| |||||||
| |||||||
| 1 | court may order respondent to pay the
reasonable | ||||||
| 2 | expenses incurred or to be incurred in the search for | ||||||
| 3 | and recovery
of the minor child, including but not | ||||||
| 4 | limited to legal fees, court costs,
private | ||||||
| 5 | investigator fees, and travel costs.
| ||||||
| 6 | (14) Prohibition of entry. Prohibit the respondent | ||||||
| 7 | from entering or
remaining in the residence or household | ||||||
| 8 | while the respondent is under the
influence of alcohol or | ||||||
| 9 | drugs and constitutes a threat to the safety and
well-being | ||||||
| 10 | of the petitioner or the petitioner's children.
| ||||||
| 11 | (14.5) Prohibition of firearm possession.
| ||||||
| 12 | (a) Prohibit a respondent against whom an order of | ||||||
| 13 | protection was issued from possessing any firearms | ||||||
| 14 | during the duration of the order if the order: | ||||||
| 15 | (1) was issued after a hearing of which such | ||||||
| 16 | person received
actual notice, and at which such | ||||||
| 17 | person had an opportunity to
participate; | ||||||
| 18 | (2) restrains such person from harassing, | ||||||
| 19 | stalking, or
threatening an intimate partner of | ||||||
| 20 | such person or child of such
intimate partner or | ||||||
| 21 | person, or engaging in other conduct that
would | ||||||
| 22 | place an intimate partner in reasonable fear of | ||||||
| 23 | bodily
injury to the partner or child; and | ||||||
| 24 | (3)(i) includes a finding that such person | ||||||
| 25 | represents a
credible threat to the physical | ||||||
| 26 | safety of such intimate partner
or child; or
(ii) | ||||||
| |||||||
| |||||||
| 1 | by its terms explicitly prohibits the use, | ||||||
| 2 | attempted
use, or threatened use of physical force | ||||||
| 3 | against such intimate
partner or child that would | ||||||
| 4 | reasonably be expected to cause
bodily injury. | ||||||
| 5 | Any Firearm Owner's Identification Card in the
| ||||||
| 6 | possession of the respondent, except as provided in | ||||||
| 7 | subsection (b), shall be ordered by the court to be | ||||||
| 8 | turned
over to the local law enforcement agency. The | ||||||
| 9 | local law enforcement agency shall immediately mail | ||||||
| 10 | the card to the Department of State Police Firearm | ||||||
| 11 | Owner's Identification Card Office
for safekeeping. | ||||||
| 12 | The court shall
issue a warrant for seizure of any | ||||||
| 13 | firearm in the possession of the respondent, to be kept | ||||||
| 14 | by the local law enforcement agency for safekeeping, | ||||||
| 15 | except as provided in subsection (b).
The period of | ||||||
| 16 | safekeeping shall be for the duration of the order of | ||||||
| 17 | protection. The firearm or firearms and Firearm | ||||||
| 18 | Owner's Identification Card, if unexpired, shall at | ||||||
| 19 | the respondent's request, be returned to the | ||||||
| 20 | respondent at the end
of the order of protection. It is | ||||||
| 21 | the respondent's responsibility to notify the | ||||||
| 22 | Department of State Police Firearm Owner's | ||||||
| 23 | Identification Card Office.
| ||||||
| 24 | (b) If the respondent is a peace officer as defined | ||||||
| 25 | in Section 2-13 of
the
Criminal Code of 2012, the court | ||||||
| 26 | shall order that any firearms used by the
respondent in | ||||||
| |||||||
| |||||||
| 1 | the performance of his or her duties as a
peace officer | ||||||
| 2 | be surrendered to
the chief law enforcement executive | ||||||
| 3 | of the agency in which the respondent is
employed, who | ||||||
| 4 | shall retain the firearms for safekeeping for the | ||||||
| 5 | duration of the order of protection.
| ||||||
| 6 | (c) Upon expiration of the period of safekeeping, | ||||||
| 7 | if the firearms or Firearm Owner's Identification Card | ||||||
| 8 | cannot be returned to respondent because respondent | ||||||
| 9 | cannot be located, fails to respond to requests to | ||||||
| 10 | retrieve the firearms, or is not lawfully eligible to | ||||||
| 11 | possess a firearm, upon petition from the local law | ||||||
| 12 | enforcement agency, the court may order the local law | ||||||
| 13 | enforcement agency to destroy the firearms, use the | ||||||
| 14 | firearms for training purposes, or for any other | ||||||
| 15 | application as deemed appropriate by the local law | ||||||
| 16 | enforcement agency; or that the firearms be turned over | ||||||
| 17 | to a third party who is lawfully eligible to possess | ||||||
| 18 | firearms, and who does not reside with respondent. | ||||||
| 19 | (15) Prohibition of access to records. If an order of | ||||||
| 20 | protection
prohibits respondent from having contact with | ||||||
| 21 | the minor child,
or if petitioner's address is omitted | ||||||
| 22 | under subsection (b) of
Section 203, or if necessary to | ||||||
| 23 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
| 24 | child, the order shall deny respondent access to, and
| ||||||
| 25 | prohibit respondent from inspecting, obtaining, or | ||||||
| 26 | attempting to
inspect or obtain, school or any other | ||||||
| |||||||
| |||||||
| 1 | records of the minor child
who is in the care of | ||||||
| 2 | petitioner.
| ||||||
| 3 | (16) Order for payment of shelter services. Order | ||||||
| 4 | respondent to
reimburse a shelter providing temporary | ||||||
| 5 | housing and counseling services to
the petitioner for the | ||||||
| 6 | cost of the services, as certified by the shelter
and | ||||||
| 7 | deemed reasonable by the court.
| ||||||
| 8 | (17) Order for injunctive relief. Enter injunctive | ||||||
| 9 | relief necessary
or appropriate to prevent further abuse of | ||||||
| 10 | a family or household member
or further abuse, neglect, or | ||||||
| 11 | exploitation of a high-risk adult with
disabilities or to | ||||||
| 12 | effectuate one of the granted remedies, if supported by the
| ||||||
| 13 | balance of hardships. If the harm to be prevented by the | ||||||
| 14 | injunction is abuse
or any other harm that one of the | ||||||
| 15 | remedies listed in paragraphs (1) through
(16) of this | ||||||
| 16 | subsection is designed to prevent, no further evidence is
| ||||||
| 17 | necessary that the harm is an irreparable injury.
| ||||||
| 18 | (18) Telephone services. | ||||||
| 19 | (A) Unless a condition described in subparagraph | ||||||
| 20 | (B) of this paragraph exists, the court may, upon | ||||||
| 21 | request by the petitioner, order a wireless telephone | ||||||
| 22 | service provider to transfer to the petitioner the | ||||||
| 23 | right to continue to use a telephone number or numbers | ||||||
| 24 | indicated by the petitioner and the financial | ||||||
| 25 | responsibility associated with the number or numbers, | ||||||
| 26 | as set forth in subparagraph (C) of this paragraph. For | ||||||
| |||||||
| |||||||
| 1 | purposes of this paragraph (18), the term "wireless | ||||||
| 2 | telephone service provider" means a provider of | ||||||
| 3 | commercial mobile service as defined in 47 U.S.C. 332. | ||||||
| 4 | The petitioner may request the transfer of each | ||||||
| 5 | telephone number that the petitioner, or a minor child | ||||||
| 6 | in his or her custody, uses. The clerk of the court | ||||||
| 7 | shall serve the order on the wireless telephone service | ||||||
| 8 | provider's agent for service of process provided to the | ||||||
| 9 | Illinois Commerce Commission. The order shall contain | ||||||
| 10 | all of the following: | ||||||
| 11 | (i) The name and billing telephone number of | ||||||
| 12 | the account holder including the name of the | ||||||
| 13 | wireless telephone service provider that serves | ||||||
| 14 | the account. | ||||||
| 15 | (ii) Each telephone number that will be | ||||||
| 16 | transferred. | ||||||
| 17 | (iii) A statement that the provider transfers | ||||||
| 18 | to the petitioner all financial responsibility for | ||||||
| 19 | and right to the use of any telephone number | ||||||
| 20 | transferred under this paragraph. | ||||||
| 21 | (B) A wireless telephone service provider shall | ||||||
| 22 | terminate the respondent's use of, and shall transfer | ||||||
| 23 | to the petitioner use of, the telephone number or | ||||||
| 24 | numbers indicated in subparagraph (A) of this | ||||||
| 25 | paragraph unless it notifies the petitioner, within 72 | ||||||
| 26 | hours after it receives the order, that one of the | ||||||
| |||||||
| |||||||
| 1 | following applies: | ||||||
| 2 | (i) The account holder named in the order has | ||||||
| 3 | terminated the account. | ||||||
| 4 | (ii) A difference in network technology would | ||||||
| 5 | prevent or impair the functionality of a device on | ||||||
| 6 | a network if the transfer occurs. | ||||||
| 7 | (iii) The transfer would cause a geographic or | ||||||
| 8 | other limitation on network or service provision | ||||||
| 9 | to the petitioner. | ||||||
| 10 | (iv) Another technological or operational | ||||||
| 11 | issue would prevent or impair the use of the | ||||||
| 12 | telephone number if the transfer occurs. | ||||||
| 13 | (C) The petitioner assumes all financial | ||||||
| 14 | responsibility for and right to the use of any | ||||||
| 15 | telephone number transferred under this paragraph. In | ||||||
| 16 | this paragraph, "financial responsibility" includes | ||||||
| 17 | monthly service costs and costs associated with any | ||||||
| 18 | mobile device associated with the number. | ||||||
| 19 | (D) A wireless telephone service provider may | ||||||
| 20 | apply to the petitioner its routine and customary | ||||||
| 21 | requirements for establishing an account or | ||||||
| 22 | transferring a number, including requiring the | ||||||
| 23 | petitioner to provide proof of identification, | ||||||
| 24 | financial information, and customer preferences.
| ||||||
| 25 | (E) Except for willful or wanton misconduct, a | ||||||
| 26 | wireless telephone service provider is immune from | ||||||
| |||||||
| |||||||
| 1 | civil liability for its actions taken in compliance | ||||||
| 2 | with a court order issued under this paragraph. | ||||||
| 3 | (F) All wireless service providers that provide | ||||||
| 4 | services to residential customers shall provide to the | ||||||
| 5 | Illinois Commerce Commission the name and address of an | ||||||
| 6 | agent for service of orders entered under this | ||||||
| 7 | paragraph (18). Any change in status of the registered | ||||||
| 8 | agent must be reported to the Illinois Commerce | ||||||
| 9 | Commission within 30 days of such change. | ||||||
| 10 | (G) The Illinois Commerce Commission shall | ||||||
| 11 | maintain the list of registered agents for service for | ||||||
| 12 | each wireless telephone service provider on the | ||||||
| 13 | Commission's website. The Commission may consult with | ||||||
| 14 | wireless telephone service providers and the Circuit | ||||||
| 15 | Court Clerks on the manner in which this information is | ||||||
| 16 | provided and displayed. | ||||||
| 17 | (c) Relevant factors; findings.
| ||||||
| 18 | (1) In determining whether to grant a specific remedy, | ||||||
| 19 | other than
payment of support, the court shall consider
| ||||||
| 20 | relevant factors, including but not limited to the | ||||||
| 21 | following:
| ||||||
| 22 | (i) the nature, frequency, severity, pattern and | ||||||
| 23 | consequences of the
respondent's past abuse, neglect | ||||||
| 24 | or exploitation within the last 10 years of the | ||||||
| 25 | petitioner or
any family or household member or | ||||||
| 26 | household animal, including the concealment of his or | ||||||
| |||||||
| |||||||
| 1 | her
location in order to evade service of process or | ||||||
| 2 | notice, and the likelihood of
danger of future abuse, | ||||||
| 3 | neglect, or exploitation to petitioner or any member of
| ||||||
| 4 | petitioner's or respondent's family or household or | ||||||
| 5 | household animal; and
| ||||||
| 6 | (ii) the danger that any minor child will be abused | ||||||
| 7 | or neglected or
improperly relocated from the | ||||||
| 8 | jurisdiction, improperly concealed within the
State or | ||||||
| 9 | improperly separated from the child's primary | ||||||
| 10 | caretaker; and .
| ||||||
| 11 | (iii) the nature, frequency, severity, pattern, | ||||||
| 12 | and consequences of the respondent's past abuse, | ||||||
| 13 | neglect, exploitation of, or criminal actions against, | ||||||
| 14 | any other person within the past 10 years, including, | ||||||
| 15 | but not limited to, another witness or another | ||||||
| 16 | petitioner or any of his or her family or household | ||||||
| 17 | members or household animals in another order of | ||||||
| 18 | protection that was issued against respondent in this | ||||||
| 19 | State or another state, and any criminal actions | ||||||
| 20 | involving the respondent, regardless of whether the | ||||||
| 21 | respondent's actions were directed against the | ||||||
| 22 | petitioner. | ||||||
| 23 | A prior indication of abuse or violence, whether | ||||||
| 24 | against the petitioner or against another victim, shall be | ||||||
| 25 | a significant factor in granting a specific remedy. There | ||||||
| 26 | is a rebuttable presumption, which may be overcome by clear | ||||||
| |||||||
| |||||||
| 1 | and convincing evidence, that there is a significant | ||||||
| 2 | likelihood that the perpetrator shall continue his or her | ||||||
| 3 | pattern of domestic violence and abuse in the absence of | ||||||
| 4 | the grant of a specific remedy. | ||||||
| 5 | The court, when determining whether to grant a specific | ||||||
| 6 | remedy, shall liberally grant remedies in line with the | ||||||
| 7 | purposes of this Act to protect the physical, financial, | ||||||
| 8 | mental, and emotional health of the victims. | ||||||
| 9 | (2) In comparing relative hardships resulting to the | ||||||
| 10 | parties from loss
of possession of the family home, the | ||||||
| 11 | court shall consider relevant
factors, including but not | ||||||
| 12 | limited to the following:
| ||||||
| 13 | (i) availability, accessibility, cost, safety, | ||||||
| 14 | adequacy, location and
other characteristics of | ||||||
| 15 | alternate housing for each party and any minor child
or | ||||||
| 16 | dependent adult in the party's care;
| ||||||
| 17 | (ii) the effect on the party's employment; and
| ||||||
| 18 | (iii) the effect on the relationship of the party, | ||||||
| 19 | and any minor
child or dependent adult in the party's | ||||||
| 20 | care, to family, school, church
and community.
| ||||||
| 21 | (3) Subject to the exceptions set forth in paragraph | ||||||
| 22 | (4) of this
subsection, the court shall make its findings | ||||||
| 23 | in an official record or in
writing, and shall at a minimum | ||||||
| 24 | set forth the following:
| ||||||
| 25 | (i) That the court has considered the applicable | ||||||
| 26 | relevant factors
described in paragraphs (1) and (2) of | ||||||
| |||||||
| |||||||
| 1 | this subsection.
| ||||||
| 2 | (ii) Whether the conduct or actions of respondent, | ||||||
| 3 | unless
prohibited, will likely cause irreparable harm | ||||||
| 4 | or continued abuse.
| ||||||
| 5 | (iii) Whether it is necessary to grant the | ||||||
| 6 | requested relief in order
to protect petitioner or | ||||||
| 7 | other alleged abused persons.
| ||||||
| 8 | (4) For purposes of issuing an ex parte emergency order | ||||||
| 9 | of protection,
the court, as an alternative to or as a | ||||||
| 10 | supplement to making the findings
described in paragraphs | ||||||
| 11 | (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||||||
| 12 | the following procedure:
| ||||||
| 13 | When a verified petition for an emergency order of | ||||||
| 14 | protection in
accordance with the requirements of Sections | ||||||
| 15 | 203 and 217 is
presented to the court, the court shall | ||||||
| 16 | examine petitioner on oath or
affirmation. An emergency | ||||||
| 17 | order of protection shall be issued by the court
if it | ||||||
| 18 | appears from the contents of the petition and the | ||||||
| 19 | examination of
petitioner that the averments are | ||||||
| 20 | sufficient to indicate abuse by
respondent and to support | ||||||
| 21 | the granting of relief under the issuance of the
emergency | ||||||
| 22 | order of protection.
| ||||||
| 23 | (5) Never married parties. No rights or | ||||||
| 24 | responsibilities for a minor
child born outside of marriage | ||||||
| 25 | attach to a putative father until a father and
child | ||||||
| 26 | relationship has been established under the Illinois | ||||||
| |||||||
| |||||||
| 1 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
| 2 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
| 3 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
| 4 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
| 5 | Support Act, the Uniform Interstate Family Support
Act, the | ||||||
| 6 | Expedited Child Support Act of 1990, any judicial, | ||||||
| 7 | administrative, or
other act of another state or territory, | ||||||
| 8 | any other Illinois statute, or by any
foreign nation | ||||||
| 9 | establishing the father and child relationship, any other
| ||||||
| 10 | proceeding substantially in conformity with the Personal | ||||||
| 11 | Responsibility and
Work Opportunity Reconciliation Act of | ||||||
| 12 | 1996 (Pub. L. 104-193), or where both
parties appeared in | ||||||
| 13 | open court or at an administrative hearing acknowledging
| ||||||
| 14 | under
oath or admitting by affirmation the existence of a | ||||||
| 15 | father and child
relationship.
Absent such an | ||||||
| 16 | adjudication, finding, or acknowledgment, no putative
| ||||||
| 17 | father shall be granted
temporary allocation of parental | ||||||
| 18 | responsibilities, including parenting time with the minor | ||||||
| 19 | child, or
physical care and possession of the minor child, | ||||||
| 20 | nor shall an order of payment
for support of the minor | ||||||
| 21 | child be entered.
| ||||||
| 22 | (d) Balance of hardships; findings. If the court finds that | ||||||
| 23 | the balance
of hardships does not support the granting of a | ||||||
| 24 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
| 25 | subsection (b) of this Section,
which may require such | ||||||
| 26 | balancing, the court's findings shall so
indicate and shall | ||||||
| |||||||
| |||||||
| 1 | include a finding as to whether granting the remedy will
result | ||||||
| 2 | in hardship to respondent that would substantially outweigh the | ||||||
| 3 | hardship
to petitioner from denial of the remedy. The findings | ||||||
| 4 | shall be an official
record or in writing.
| ||||||
| 5 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
| 6 | based, in
whole or in part, on evidence that:
| ||||||
| 7 | (1) Respondent has cause for any use of force, unless | ||||||
| 8 | that cause
satisfies the standards for justifiable use of | ||||||
| 9 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
| 10 | (2) Respondent was voluntarily intoxicated;
| ||||||
| 11 | (3) Petitioner acted in self-defense or defense of | ||||||
| 12 | another, provided
that, if petitioner utilized force, such | ||||||
| 13 | force was justifiable under
Article 7 of the Criminal Code | ||||||
| 14 | of 2012;
| ||||||
| 15 | (4) Petitioner did not act in self-defense or defense | ||||||
| 16 | of another;
| ||||||
| 17 | (5) Petitioner left the residence or household to avoid | ||||||
| 18 | further abuse,
neglect, or exploitation by respondent;
| ||||||
| 19 | (6) Petitioner did not leave the residence or household | ||||||
| 20 | to avoid further
abuse, neglect, or exploitation by | ||||||
| 21 | respondent;
| ||||||
| 22 | (7) Conduct by any family or household member excused | ||||||
| 23 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
| 24 | that same conduct would have
excused such abuse, neglect, | ||||||
| 25 | or exploitation if the parties had not been
family or | ||||||
| 26 | household members.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, | ||||||
| 2 | eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 3 | 100-923, eff. 1-1-19.)
| ||||||
| 4 | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| ||||||
| 5 | Sec. 302. Data maintenance by law enforcement agencies.
| ||||||
| 6 | (a) All sheriffs shall furnish to the Department of State | ||||||
| 7 | Police, on the
same day as received, in the form and detail the | ||||||
| 8 | Department requires, copies of
any recorded emergency, | ||||||
| 9 | interim, or plenary orders of protection issued by the
court, | ||||||
| 10 | and any foreign orders of protection filed by the clerk of the | ||||||
| 11 | court,
and transmitted to the sheriff by the clerk of the court | ||||||
| 12 | pursuant to subsection
(b) of Section 222 of this Act. Each | ||||||
| 13 | order of protection shall be entered in
the Law Enforcement | ||||||
| 14 | Agencies Data System on the same day it
is issued by the court. | ||||||
| 15 | If an emergency order of protection was issued in
accordance | ||||||
| 16 | with subsection (c) of Section 217, the order shall be entered | ||||||
| 17 | in
the Law Enforcement Agencies Data System as soon as possible
| ||||||
| 18 | after receipt from the clerk.
| ||||||
| 19 | (b) The Department of State Police shall maintain a | ||||||
| 20 | complete and systematic
record and index of all valid or | ||||||
| 21 | expired and recorded orders of protection issued pursuant
to | ||||||
| 22 | this Act for a period of at least 20 years. The data shall be | ||||||
| 23 | used to inform all dispatchers and law
enforcement officers at | ||||||
| 24 | the scene of an alleged incident of abuse, neglect,
or | ||||||
| 25 | exploitation or violation of an order of protection of: (i) any | ||||||
| |||||||
| |||||||
| 1 | recorded prior
incident of abuse, neglect, or exploitation | ||||||
| 2 | involving the abused, neglected,
or exploited party and the | ||||||
| 3 | effective dates and terms of any recorded order of
protection, | ||||||
| 4 | and (ii) any recorded prior incident of abuse, neglect, or | ||||||
| 5 | exploitation involving the respondent of abuse, neglect, or | ||||||
| 6 | exploitation against other parties and the effective dates and | ||||||
| 7 | terms of any recorded order of protection. The data shall also | ||||||
| 8 | be used pursuant to paragraph (1) of subsection (a) of Section | ||||||
| 9 | 214 to inform the court in proceedings when determining whether | ||||||
| 10 | to issue an order of protection, and shall be used when | ||||||
| 11 | considering a pattern of abuse of (1) any recorded prior | ||||||
| 12 | incident of abuse, neglect, or exploitation involving the | ||||||
| 13 | abused, neglected, or exploited party and the effective dates | ||||||
| 14 | and terms of any recorded order of protection, and (2) any | ||||||
| 15 | recorded prior incident of abuse, neglect, or exploitation | ||||||
| 16 | involving the respondent engaging in abuse, neglect, or | ||||||
| 17 | exploitation against other parties and the effective dates and | ||||||
| 18 | terms of any recorded order of protection.
| ||||||
| 19 | (c) The data, records and transmittals required under this | ||||||
| 20 | Section shall
pertain to any valid emergency, interim or | ||||||
| 21 | plenary order of protection,
whether issued in a civil or | ||||||
| 22 | criminal proceeding or authorized under the laws
of another | ||||||
| 23 | state, tribe, or United States territory.
| ||||||
| 24 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| 25 | (750 ILCS 60/302.5 new) | ||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| 1 | Sec. 302.5. National Crime Information Center. | |||||||||||||||||||||||||
| 2 | (a) The data contained in the National Crime Information | |||||||||||||||||||||||||
| 3 | Center database shall be used to inform all dispatchers and law | |||||||||||||||||||||||||
| 4 | enforcement officers at the scene of an alleged incident of | |||||||||||||||||||||||||
| 5 | abuse, neglect, or exploitation or violation of an order of | |||||||||||||||||||||||||
| 6 | protection of (i) any prior criminal incident involving the | |||||||||||||||||||||||||
| 7 | abused, neglected, or exploited party, and (ii) any prior | |||||||||||||||||||||||||
| 8 | criminal incident involving the respondent. The data shall also | |||||||||||||||||||||||||
| 9 | be used pursuant to paragraph (1) of subsection (a) of Section | |||||||||||||||||||||||||
| 10 | 214 to inform the court in proceedings when determining whether | |||||||||||||||||||||||||
| 11 | to issue an order of protection, and shall be used when | |||||||||||||||||||||||||
| 12 | considering a pattern of abuse of (1) any prior criminal | |||||||||||||||||||||||||
| 13 | incident involving the abused, neglected, or exploited party, | |||||||||||||||||||||||||
| 14 | and (2) any prior criminal incident involving the respondent. | |||||||||||||||||||||||||
| 15 | (b) All criminal information meeting the criteria of the | |||||||||||||||||||||||||
| 16 | information gathered by the National Crime Information Center | |||||||||||||||||||||||||
| 17 | shall be provided to the National Crime Information Center for | |||||||||||||||||||||||||
| 18 | the database by the courts, State and local law enforcement | |||||||||||||||||||||||||
| 19 | agencies, and other State and local criminal justice agencies | |||||||||||||||||||||||||
| 20 | within 24 hours of receipt of the information.
| |||||||||||||||||||||||||
| 21 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
| 22 | becoming law.
| |||||||||||||||||||||||||
| ||||||||||||||||||||||||||