101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3402

Introduced , by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:
See Index

Amends the Code of Civil Procedure. Provides that the privilege extended to members of the clergy shall not apply (i) when a member of the clergy is required to report child abuse or neglect pursuant to the Abused and Neglected Child Reporting Act, (ii) in a case involving domestic violence, or (iii) in a case involving violent criminal matters. Amends the Criminal Code of 2012. Exempts from the eavesdropping prohibitions recordings made under the reasonable suspicion that the person is committing, is about to commit, or has committed an act of abuse and that the recording will contain evidence of the abuse. Amends the Illinois Domestic Violence Act of 1986. Provides that all judges who preside over family law or domestic violence courtrooms, mandated reporters, victim assistance professionals, family law attorneys, family law mediators, court-appointed guardians ad litem, court-appointed child representatives, court-appointed therapists and counselors, and court-appointed experts who practice in the area of family law shall complete the Domestic Violence Foundation Training Course offered by the Illinois Coalition Against Domestic Violence. Provides that the clerk of the court shall provide to all petitioners seeking an order of protection resources and information on domestic violence and how to obtain assistance as a victim of domestic violence. Provides that, when determining whether to an issue an order of protection, the court shall consider the law enforcement records relating to domestic violence committed by the respondent for a period of at least 10 years. Provides that if an order of protection is issued, the petitioner is entitled to attorney's fees incurred in bringing the petition. Provides that the Department of State Police shall maintain a complete and systematic record and index of all valid or expired and recorded orders of protection for a period of at least 20 years. Makes additional changes to provisions concerning: purposes and rules of construction; definitions; remedies; law enforcement recordkeeping; and the National Crime Information Center. Makes a corresponding change in the Abused and Neglected Child Reporting Act. Effective immediately.
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A BILL FOR

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1 AN ACT concerning domestic violence.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 4 as follows:
6 (325 ILCS 5/4)
7 Sec. 4. Persons required to report; privileged
8communications; transmitting false report. Any physician,
9resident, intern, hospital, hospital administrator and
10personnel engaged in examination, care and treatment of
11persons, surgeon, dentist, dentist hygienist, osteopath,
12chiropractor, podiatric physician, physician assistant,
13substance abuse treatment personnel, funeral home director or
14employee, coroner, medical examiner, emergency medical
15technician, acupuncturist, crisis line or hotline personnel,
16school personnel (including administrators and both certified
17and non-certified school employees), personnel of institutions
18of higher education, educational advocate assigned to a child
19pursuant to the School Code, member of a school board or the
20Chicago Board of Education or the governing body of a private
21school (but only to the extent required in accordance with
22other provisions of this Section expressly concerning the duty
23of school board members to report suspected child abuse),

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1truant officers, social worker, social services administrator,
2domestic violence program personnel, registered nurse,
3licensed practical nurse, genetic counselor, respiratory care
4practitioner, advanced practice registered nurse, home health
5aide, director or staff assistant of a nursery school or a
6child day care center, recreational or athletic program or
7facility personnel, early intervention provider as defined in
8the Early Intervention Services System Act, law enforcement
9officer, licensed professional counselor, licensed clinical
10professional counselor, registered psychologist and assistants
11working under the direct supervision of a psychologist,
12psychiatrist, or field personnel of the Department of
13Healthcare and Family Services, Juvenile Justice, Public
14Health, Human Services (acting as successor to the Department
15of Mental Health and Developmental Disabilities,
16Rehabilitation Services, or Public Aid), Corrections, Human
17Rights, or Children and Family Services, supervisor and
18administrator of general assistance under the Illinois Public
19Aid Code, probation officer, animal control officer or Illinois
20Department of Agriculture Bureau of Animal Health and Welfare
21field investigator, or any other foster parent, homemaker or
22child care worker having reasonable cause to believe a child
23known to them in their professional or official capacity may be
24an abused child or a neglected child shall immediately report
25or cause a report to be made to the Department.
26 Any member of the clergy having reasonable cause to believe

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1that a child known to that member of the clergy in his or her
2professional capacity may be an abused child as defined in item
3(c) of the definition of "abused child" in Section 3 of this
4Act shall immediately report or cause a report to be made to
5the Department.
6 Any physician, physician's assistant, registered nurse,
7licensed practical nurse, medical technician, certified
8nursing assistant, social worker, or licensed professional
9counselor of any office, clinic, or any other physical location
10that provides abortions, abortion referrals, or contraceptives
11having reasonable cause to believe a child known to him or her
12in his or her professional or official capacity may be an
13abused child or a neglected child shall immediately report or
14cause a report to be made to the Department.
15 If an allegation is raised to a school board member during
16the course of an open or closed school board meeting that a
17child who is enrolled in the school district of which he or she
18is a board member is an abused child as defined in Section 3 of
19this Act, the member shall direct or cause the school board to
20direct the superintendent of the school district or other
21equivalent school administrator to comply with the
22requirements of this Act concerning the reporting of child
23abuse. For purposes of this paragraph, a school board member is
24granted the authority in his or her individual capacity to
25direct the superintendent of the school district or other
26equivalent school administrator to comply with the

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1requirements of this Act concerning the reporting of child
2abuse.
3 Notwithstanding any other provision of this Act, if an
4employee of a school district has made a report or caused a
5report to be made to the Department under this Act involving
6the conduct of a current or former employee of the school
7district and a request is made by another school district for
8the provision of information concerning the job performance or
9qualifications of the current or former employee because he or
10she is an applicant for employment with the requesting school
11district, the general superintendent of the school district to
12which the request is being made must disclose to the requesting
13school district the fact that an employee of the school
14district has made a report involving the conduct of the
15applicant or caused a report to be made to the Department, as
16required under this Act. Only the fact that an employee of the
17school district has made a report involving the conduct of the
18applicant or caused a report to be made to the Department may
19be disclosed by the general superintendent of the school
20district to which the request for information concerning the
21applicant is made, and this fact may be disclosed only in cases
22where the employee and the general superintendent have not been
23informed by the Department that the allegations were unfounded.
24An employee of a school district who is or has been the subject
25of a report made pursuant to this Act during his or her
26employment with the school district must be informed by that

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1school district that if he or she applies for employment with
2another school district, the general superintendent of the
3former school district, upon the request of the school district
4to which the employee applies, shall notify that requesting
5school district that the employee is or was the subject of such
6a report.
7 Whenever such person is required to report under this Act
8in his capacity as a member of the staff of a medical or other
9public or private institution, school, facility or agency, or
10as a member of the clergy, he shall make report immediately to
11the Department in accordance with the provisions of this Act
12and may also notify the person in charge of such institution,
13school, facility or agency, or church, synagogue, temple,
14mosque, or other religious institution, or his designated agent
15that such report has been made. Under no circumstances shall
16any person in charge of such institution, school, facility or
17agency, or church, synagogue, temple, mosque, or other
18religious institution, or his designated agent to whom such
19notification has been made, exercise any control, restraint,
20modification or other change in the report or the forwarding of
21such report to the Department.
22 The privileged quality of communication between any
23professional person required to report and his patient or
24client shall not apply to situations involving abused or
25neglected children and shall not constitute grounds for failure
26to report as required by this Act or constitute grounds for

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1failure to share information or documents with the Department
2during the course of a child abuse or neglect investigation. If
3requested by the professional, the Department shall confirm in
4writing that the information or documents disclosed by the
5professional were gathered in the course of a child abuse or
6neglect investigation.
7 The reporting requirements of this Act shall not apply to
8the contents of a privileged communication between an attorney
9and his or her client or to confidential information within the
10meaning of Rule 1.6 of the Illinois Rules of Professional
11Conduct relating to the legal representation of an individual
12client.
13 A member of the clergy may claim the privilege under
14Section 8-803 of the Code of Civil Procedure.
15 Any office, clinic, or any other physical location that
16provides abortions, abortion referrals, or contraceptives
17shall provide to all office personnel copies of written
18information and training materials about abuse and neglect and
19the requirements of this Act that are provided to employees of
20the office, clinic, or physical location who are required to
21make reports to the Department under this Act, and instruct
22such office personnel to bring to the attention of an employee
23of the office, clinic, or physical location who is required to
24make reports to the Department under this Act any reasonable
25suspicion that a child known to him or her in his or her
26professional or official capacity may be an abused child or a

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1neglected child. In addition to the above persons required to
2report suspected cases of abused or neglected children, any
3other person may make a report if such person has reasonable
4cause to believe a child may be an abused child or a neglected
5child.
6 Any person who enters into employment on and after July 1,
71986 and is mandated by virtue of that employment to report
8under this Act, shall sign a statement on a form prescribed by
9the Department, to the effect that the employee has knowledge
10and understanding of the reporting requirements of this Act. On
11and after January 1, 2019, the statement shall also include
12information about available mandated reporter training
13provided by the Department. The statement shall be signed prior
14to commencement of the employment. The signed statement shall
15be retained by the employer. The cost of printing,
16distribution, and filing of the statement shall be borne by the
17employer.
18 Within one year of initial employment and at least every 5
19years thereafter, school personnel required to report child
20abuse as provided under this Section must complete mandated
21reporter training by a provider or agency with expertise in
22recognizing and reporting child abuse.
23 The Department shall provide copies of this Act, upon
24request, to all employers employing persons who shall be
25required under the provisions of this Section to report under
26this Act.

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1 Any person who knowingly transmits a false report to the
2Department commits the offense of disorderly conduct under
3subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
4A violation of this provision is a Class 4 felony.
5 Any person who knowingly and willfully violates any
6provision of this Section other than a second or subsequent
7violation of transmitting a false report as described in the
8preceding paragraph, is guilty of a Class A misdemeanor for a
9first violation and a Class 4 felony for a second or subsequent
10violation; except that if the person acted as part of a plan or
11scheme having as its object the prevention of discovery of an
12abused or neglected child by lawful authorities for the purpose
13of protecting or insulating any person or entity from arrest or
14prosecution, the person is guilty of a Class 4 felony for a
15first offense and a Class 3 felony for a second or subsequent
16offense (regardless of whether the second or subsequent offense
17involves any of the same facts or persons as the first or other
18prior offense).
19 A child whose parent, guardian or custodian in good faith
20selects and depends upon spiritual means through prayer alone
21for the treatment or cure of disease or remedial care may be
22considered neglected or abused, but not for the sole reason
23that his parent, guardian or custodian accepts and practices
24such beliefs.
25 A child shall not be considered neglected or abused solely
26because the child is not attending school in accordance with

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1the requirements of Article 26 of the School Code, as amended.
2 Nothing in this Act prohibits a mandated reporter who
3reasonably believes that an animal is being abused or neglected
4in violation of the Humane Care for Animals Act from reporting
5animal abuse or neglect to the Department of Agriculture's
6Bureau of Animal Health and Welfare.
7 A home rule unit may not regulate the reporting of child
8abuse or neglect in a manner inconsistent with the provisions
9of this Section. This Section is a limitation under subsection
10(i) of Section 6 of Article VII of the Illinois Constitution on
11the concurrent exercise by home rule units of powers and
12functions exercised by the State.
13 For purposes of this Section "child abuse or neglect"
14includes abuse or neglect of an adult resident as defined in
15this 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
18changing Section 14-3 as follows:
19 (720 ILCS 5/14-3)
20 Sec. 14-3. Exemptions. The following activities shall be
21exempt from the provisions of this Article:
22 (a) Listening to radio, wireless electronic
23communications, and television communications of any sort
24where the same are publicly made;

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1 (b) Hearing conversation when heard by employees of any
2common carrier by wire incidental to the normal course of their
3employment in the operation, maintenance or repair of the
4equipment of such common carrier by wire so long as no
5information obtained thereby is used or divulged by the hearer;
6 (c) Any broadcast by radio, television or otherwise whether
7it be a broadcast or recorded for the purpose of later
8broadcasts of any function where the public is in attendance
9and the conversations are overheard incidental to the main
10purpose for which such broadcasts are then being made;
11 (d) Recording or listening with the aid of any device to
12any emergency communication made in the normal course of
13operations by any federal, state or local law enforcement
14agency or institutions dealing in emergency services,
15including, but not limited to, hospitals, clinics, ambulance
16services, fire fighting agencies, any public utility,
17emergency repair facility, civilian defense establishment or
18military installation;
19 (e) Recording the proceedings of any meeting required to be
20open by the Open Meetings Act, as amended;
21 (f) Recording or listening with the aid of any device to
22incoming telephone calls of phone lines publicly listed or
23advertised as consumer "hotlines" by manufacturers or
24retailers of food and drug products. Such recordings must be
25destroyed, erased or turned over to local law enforcement
26authorities within 24 hours from the time of such recording and

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1shall not be otherwise disseminated. Failure on the part of the
2individual or business operating any such recording or
3listening device to comply with the requirements of this
4subsection shall eliminate any civil or criminal immunity
5conferred upon that individual or business by the operation of
6this Section;
7 (g) With prior notification to the State's Attorney of the
8county in which it is to occur, recording or listening with the
9aid of any device to any conversation where a law enforcement
10officer, or any person acting at the direction of law
11enforcement, is a party to the conversation and has consented
12to it being intercepted or recorded under circumstances where
13the use of the device is necessary for the protection of the
14law enforcement officer or any person acting at the direction
15of law enforcement, in the course of an investigation of a
16forcible felony, a felony offense of involuntary servitude,
17involuntary sexual servitude of a minor, or trafficking in
18persons under Section 10-9 of this Code, an offense involving
19prostitution, solicitation of a sexual act, or pandering, a
20felony violation of the Illinois Controlled Substances Act, a
21felony violation of the Cannabis Control Act, a felony
22violation of the Methamphetamine Control and Community
23Protection Act, any "streetgang related" or "gang-related"
24felony as those terms are defined in the Illinois Streetgang
25Terrorism Omnibus Prevention Act, or any felony offense
26involving any weapon listed in paragraphs (1) through (11) of

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1subsection (a) of Section 24-1 of this Code. Any recording or
2evidence derived as the result of this exemption shall be
3inadmissible in any proceeding, criminal, civil or
4administrative, except (i) where a party to the conversation
5suffers great bodily injury or is killed during such
6conversation, or (ii) when used as direct impeachment of a
7witness concerning matters contained in the interception or
8recording. The Director of the Department of State Police shall
9issue regulations as are necessary concerning the use of
10devices, retention of tape recordings, and reports regarding
11their use;
12 (g-5) (Blank);
13 (g-6) With approval of the State's Attorney of the county
14in which it is to occur, recording or listening with the aid of
15any device to any conversation where a law enforcement officer,
16or any person acting at the direction of law enforcement, is a
17party to the conversation and has consented to it being
18intercepted or recorded in the course of an investigation of
19child pornography, aggravated child pornography, indecent
20solicitation of a child, luring of a minor, sexual exploitation
21of a child, aggravated criminal sexual abuse in which the
22victim of the offense was at the time of the commission of the
23offense under 18 years of age, or criminal sexual abuse by
24force or threat of force in which the victim of the offense was
25at the time of the commission of the offense under 18 years of
26age. In all such cases, an application for an order approving

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1the previous or continuing use of an eavesdropping device must
2be made within 48 hours of the commencement of such use. In the
3absence of such an order, or upon its denial, any continuing
4use shall immediately terminate. The Director of State Police
5shall issue rules as are necessary concerning the use of
6devices, retention of recordings, and reports regarding their
7use. Any recording or evidence obtained or derived in the
8course of an investigation of child pornography, aggravated
9child pornography, indecent solicitation of a child, luring of
10a minor, sexual exploitation of a child, aggravated criminal
11sexual abuse in which the victim of the offense was at the time
12of the commission of the offense under 18 years of age, or
13criminal sexual abuse by force or threat of force in which the
14victim of the offense was at the time of the commission of the
15offense under 18 years of age shall, upon motion of the State's
16Attorney or Attorney General prosecuting any case involving
17child pornography, aggravated child pornography, indecent
18solicitation of a child, luring of a minor, sexual exploitation
19of a child, aggravated criminal sexual abuse in which the
20victim of the offense was at the time of the commission of the
21offense under 18 years of age, or criminal sexual abuse by
22force or threat of force in which the victim of the offense was
23at the time of the commission of the offense under 18 years of
24age be reviewed in camera with notice to all parties present by
25the court presiding over the criminal case, and, if ruled by
26the court to be relevant and otherwise admissible, it shall be

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1admissible at the trial of the criminal case. Absent such a
2ruling, any such recording or evidence shall not be admissible
3at the trial of the criminal case;
4 (h) Recordings made simultaneously with the use of an
5in-car video camera recording of an oral conversation between a
6uniformed peace officer, who has identified his or her office,
7and a person in the presence of the peace officer whenever (i)
8an officer assigned a patrol vehicle is conducting an
9enforcement stop; or (ii) patrol vehicle emergency lights are
10activated or would otherwise be activated if not for the need
11to conceal the presence of law enforcement.
12 For the purposes of this subsection (h), "enforcement stop"
13means an action by a law enforcement officer in relation to
14enforcement and investigation duties, including but not
15limited to, traffic stops, pedestrian stops, abandoned vehicle
16contacts, motorist assists, commercial motor vehicle stops,
17roadside safety checks, requests for identification, or
18responses to requests for emergency assistance;
19 (h-5) Recordings of utterances made by a person while in
20the presence of a uniformed peace officer and while an occupant
21of a police vehicle including, but not limited to, (i)
22recordings made simultaneously with the use of an in-car video
23camera and (ii) recordings made in the presence of the peace
24officer utilizing video or audio systems, or both, authorized
25by the law enforcement agency;
26 (h-10) Recordings made simultaneously with a video camera

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1recording during the use of a taser or similar weapon or device
2by a peace officer if the weapon or device is equipped with
3such camera;
4 (h-15) Recordings made under subsection (h), (h-5), or
5(h-10) shall be retained by the law enforcement agency that
6employs the peace officer who made the recordings for a storage
7period of 90 days, unless the recordings are made as a part of
8an arrest or the recordings are deemed evidence in any
9criminal, civil, or administrative proceeding and then the
10recordings must only be destroyed upon a final disposition and
11an order from the court. Under no circumstances shall any
12recording be altered or erased prior to the expiration of the
13designated storage period. Upon completion of the storage
14period, the recording medium may be erased and reissued for
15operational use;
16 (i) Recording of a conversation made by or at the request
17of a person, not a law enforcement officer or agent of a law
18enforcement officer, who is a party to the conversation, under
19reasonable suspicion that another party to the conversation is
20committing, is about to commit, or has committed a criminal
21offense against the person or a member of his or her immediate
22household, and there is reason to believe that evidence of the
23criminal offense may be obtained by the recording;
24 (i-5) Recordings made of a person under reasonable
25suspicion that the person is committing, is about to commit, or
26has committed an act of abuse as defined in Section 103 of the

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1Illinois Domestic Violence Act of 1986, and there is reason to
2believe that evidence of the act of abuse may be obtained by
3the recording;
4 (j) The use of a telephone monitoring device by either (1)
5a corporation or other business entity engaged in marketing or
6opinion research or (2) a corporation or other business entity
7engaged in telephone solicitation, as defined in this
8subsection, to record or listen to oral telephone solicitation
9conversations or marketing or opinion research conversations
10by an employee of the corporation or other business entity
11when:
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
24aspect of the communication or conversation made, acquired, or
25obtained, directly or indirectly, under this exemption (j), may
26be, directly or indirectly, furnished to any law enforcement

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1officer, agency, or official for any purpose or used in any
2inquiry or investigation, or used, directly or indirectly, in
3any administrative, judicial, or other proceeding, or divulged
4to any third party.
5 When recording or listening authorized by this subsection
6(j) on telephone lines used for marketing or opinion research
7or telephone solicitation purposes results in recording or
8listening to a conversation that does not relate to marketing
9or opinion research or telephone solicitation; the person
10recording or listening shall, immediately upon determining
11that the conversation does not relate to marketing or opinion
12research or telephone solicitation, terminate the recording or
13listening and destroy any such recording as soon as is
14practicable.
15 Business entities that use a telephone monitoring or
16telephone recording system pursuant to this exemption (j) shall
17provide current and prospective employees with notice that the
18monitoring or recordings may occur during the course of their
19employment. The notice shall include prominent signage
20notification within the workplace.
21 Business entities that use a telephone monitoring or
22telephone recording system pursuant to this exemption (j) shall
23provide their employees or agents with access to personal-only
24telephone lines which may be pay telephones, that are not
25subject to telephone monitoring or telephone recording.
26 For the purposes of this subsection (j), "telephone

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1solicitation" means a communication through the use of a
2telephone 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
10opinion research" means a marketing or opinion research
11interview conducted by a live telephone interviewer engaged by
12a corporation or other business entity whose principal business
13is the design, conduct, and analysis of polls and surveys
14measuring the opinions, attitudes, and responses of
15respondents toward products and services, or social or
16political issues, or both;
17 (k) Electronic recordings, including but not limited to, a
18motion picture, videotape, digital, or other visual or audio
19recording, made of a custodial interrogation of an individual
20at a police station or other place of detention by a law
21enforcement officer under Section 5-401.5 of the Juvenile Court
22Act of 1987 or Section 103-2.1 of the Code of Criminal
23Procedure of 1963;
24 (l) Recording the interview or statement of any person when
25the person knows that the interview is being conducted by a law
26enforcement officer or prosecutor and the interview takes place

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1at a police station that is currently participating in the
2Custodial Interview Pilot Program established under the
3Illinois Criminal Justice Information Act;
4 (m) An electronic recording, including but not limited to,
5a motion picture, videotape, digital, or other visual or audio
6recording, made of the interior of a school bus while the
7school bus is being used in the transportation of students to
8and from school and school-sponsored activities, when the
9school board has adopted a policy authorizing such recording,
10notice of such recording policy is included in student
11handbooks and other documents including the policies of the
12school, notice of the policy regarding recording is provided to
13parents of students, and notice of such recording is clearly
14posted on the door of and inside the school bus.
15 Recordings made pursuant to this subsection (m) shall be
16confidential records and may only be used by school officials
17(or their designees) and law enforcement personnel for
18investigations, school disciplinary actions and hearings,
19proceedings under the Juvenile Court Act of 1987, and criminal
20prosecutions, related to incidents occurring in or around the
21school bus;
22 (n) Recording or listening to an audio transmission from a
23microphone placed by a person under the authority of a law
24enforcement agency inside a bait car surveillance vehicle while
25simultaneously capturing a photographic or video image;
26 (o) The use of an eavesdropping camera or audio device

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1during an ongoing hostage or barricade situation by a law
2enforcement officer or individual acting on behalf of a law
3enforcement officer when the use of such device is necessary to
4protect the safety of the general public, hostages, or law
5enforcement officers or anyone acting on their behalf;
6 (p) Recording or listening with the aid of any device to
7incoming telephone calls of phone lines publicly listed or
8advertised as the "CPS Violence Prevention Hotline", but only
9where the notice of recording is given at the beginning of each
10call as required by Section 34-21.8 of the School Code. The
11recordings may be retained only by the Chicago Police
12Department or other law enforcement authorities, and shall not
13be otherwise retained or disseminated;
14 (q)(1) With prior request to and written or verbal approval
15of the State's Attorney of the county in which the conversation
16is anticipated to occur, recording or listening with the aid of
17an eavesdropping device to a conversation in which a law
18enforcement officer, or any person acting at the direction of a
19law enforcement officer, is a party to the conversation and has
20consented to the conversation being intercepted or recorded in
21the course of an investigation of a qualified offense. The
22State's Attorney may grant this approval only after determining
23that reasonable cause exists to believe that inculpatory
24conversations concerning a qualified offense will occur with a
25specified individual or individuals within a designated period
26of time.

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1 (2) Request for approval. To invoke the exception contained
2in this subsection (q), a law enforcement officer shall make a
3request for approval to the appropriate State's Attorney. The
4request may be written or verbal; however, a written
5memorialization of the request must be made by the State's
6Attorney. This request for approval shall include whatever
7information is deemed necessary by the State's Attorney but
8shall include, at a minimum, the following information about
9each specified individual whom the law enforcement officer
10believes 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
20State'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

HB3402- 22 -LRB101 10466 LNS 55572 b
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
17approval and the written approval by the State's Attorney may
18be in any format, including via facsimile, email, or otherwise,
19so long as it is capable of being filed with the circuit clerk.
20 (3.10) Beginning March 1, 2015, each State's Attorney shall
21annually 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

HB3402- 23 -LRB101 10466 LNS 55572 b
1any wire, electronic, or oral communication that has been
2recorded or intercepted as a result of this exception may be
3received in evidence in any trial, hearing, or other proceeding
4in or before any court, grand jury, department, officer,
5agency, regulatory body, legislative committee, or other
6authority of this State, or a political subdivision of the
7State, 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
24prerequisite to the admissibility in evidence of any part of
25the contents of any wire, electronic or oral communication that
26has been intercepted as a result of this exception, but nothing

HB3402- 24 -LRB101 10466 LNS 55572 b
1in this subsection shall be deemed to prevent a court from
2otherwise excluding the evidence on any other ground recognized
3by State or federal law, nor shall anything in this subsection
4be deemed to prevent a court from independently reviewing the
5admissibility of the evidence for compliance with the Fourth
6Amendment to the U.S. Constitution or with Article I, Section 6
7of the Illinois Constitution.
8 (6) Use of recordings or intercepts unrelated to qualified
9offenses. Whenever any private conversation or private
10electronic communication has been recorded or intercepted as a
11result of this exception that is not related to an offense for
12which the recording or intercept is admissible under paragraph
13(4) of this subsection (q), no part of the contents of the
14communication and evidence derived from the communication may
15be received in evidence in any trial, hearing, or other
16proceeding in or before any court, grand jury, department,
17officer, agency, regulatory body, legislative committee, or
18other authority of this State, or a political subdivision of
19the State, nor may it be publicly disclosed in any way.
20 (6.5) The Department of State Police shall adopt rules as
21are necessary concerning the use of devices, retention of
22recordings, and reports regarding their use under this
23subsection (q).
24 (7) Definitions. For the purposes of this subsection (q)
25only:
26 "Forcible felony" includes and is limited to those

HB3402- 25 -LRB101 10466 LNS 55572 b
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).

HB3402- 26 -LRB101 10466 LNS 55572 b
1 (8) Sunset. This subsection (q) is inoperative on and after
2January 1, 2020. No conversations intercepted pursuant to this
3subsection (q), while operative, shall be inadmissible in a
4court of law by virtue of the inoperability of this subsection
5(q) on January 1, 2020.
6 (9) Recordings, records, and custody. Any private
7conversation or private electronic communication intercepted
8by a law enforcement officer or a person acting at the
9direction of law enforcement shall, if practicable, be recorded
10in such a way as will protect the recording from editing or
11other alteration. Any and all original recordings made under
12this subsection (q) shall be inventoried without unnecessary
13delay pursuant to the law enforcement agency's policies for
14inventorying evidence. The original recordings shall not be
15destroyed except upon an order of a court of competent
16jurisdiction; and
17 (r) Electronic recordings, including but not limited to,
18motion picture, videotape, digital, or other visual or audio
19recording, made of a lineup under Section 107A-2 of the Code of
20Criminal Procedure of 1963.
21(Source: P.A. 100-572, eff. 12-29-17.)
22 Section 15. The Code of Civil Procedure is amended by
23changing Section 8-803 as follows:
24 (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)

HB3402- 27 -LRB101 10466 LNS 55572 b
1 Sec. 8-803. Clergy. A clergyman or practitioner of any
2religious denomination accredited by the religious body to
3which he or she belongs, shall not be compelled to disclose in
4any court, or to any administrative board or agency, or to any
5public officer, a confession or admission made to him or her in
6his or her professional character or as a spiritual advisor in
7the course of the discipline enjoined by the rules or practices
8of such religious body or of the religion which he or she
9professes, nor be compelled to divulge any information which
10has been obtained by him or her in such professional character
11or as such spiritual advisor.
12 This privilege shall not apply (i) when a member of the
13clergy is required to report child abuse or neglect pursuant to
14Section 4 of the Abused and Neglected Child Reporting Act, (ii)
15in a case involving domestic violence pursuant to the Illinois
16Domestic Violence Act of 1986, or (iii) in a case involving
17violent criminal matters.
18(Source: P.A. 82-280.)
19 Section 20. The Illinois Domestic Violence Act of 1986 is
20amended by changing Sections 102, 103, 214, and 302 and by
21adding 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
24be liberally construed and applied to promote its underlying

HB3402- 28 -LRB101 10466 LNS 55572 b
1purposes, which are to:
2 (1) Recognize that domestic violence is a serious offense
3against individuals, families, and society that has serious
4negative short-term and long-term effects on individuals and
5families in this State, including post-traumatic stress
6disorder, injuries, death, physical ailments, emotional
7distress, trauma, divorce, homelessness, poverty, instability,
8and emotionally and physically unhealthy children and adults
9Recognize domestic violence as a serious crime against the
10individual and society which produces family disharmony in
11thousands of Illinois families, promotes a pattern of
12escalating violence which frequently culminates in
13intra-family homicide, and creates an emotional atmosphere
14that is not conducive to healthy childhood development;
15 (2) Recognize that domestic violence is a widespread
16epidemic in our society; Recognize domestic violence against
17high risk adults with disabilities, who are particularly
18vulnerable due to impairments in ability to seek or obtain
19protection, as a serious problem which takes on many forms,
20including physical abuse, sexual abuse, neglect, and
21exploitation, and facilitate accessibility of remedies under
22the Act in order to provide immediate and effective assistance
23and protection.
24 (3) Recognize that domestic violence, including emotional,
25verbal, financial, physical, and sexual abuse, as defined by
26the Illinois Coalition on Domestic Violence, is one of the main

HB3402- 29 -LRB101 10466 LNS 55572 b
1causes of divorce Recognize that the legal system has
2ineffectively dealt with family violence in the past, allowing
3abusers to escape effective prosecution or financial
4liability, and has not adequately acknowledged the criminal
5nature of domestic violence; that, although many laws have
6changed, in practice there is still widespread failure to
7appropriately protect and assist victims;
8 (4) Recognize that domestic violence is a pattern of
9violent behavior that is repeated throughout the life of the
10perpetrator, and that the best indicator of future behavior of
11the perpetrator is the past behavior of the perpetrator Support
12the efforts of victims of domestic violence to avoid further
13abuse by promptly entering and diligently enforcing court
14orders which prohibit abuse and, when necessary, reduce the
15abuser's access to the victim and address any related issues of
16child custody and economic support, so that victims are not
17trapped in abusive situations by fear of retaliation, loss of a
18child, financial dependence, or loss of accessible housing or
19services;
20 (5) Recognize that perpetrators of domestic violence often
21travel from state to state to avoid legal consequences and to
22avoid detection of past history of criminal records and orders
23of protection; Clarify the responsibilities and support the
24efforts of law enforcement officers to provide immediate,
25effective assistance and protection for victims of domestic
26violence, recognizing that law enforcement officers often

HB3402- 30 -LRB101 10466 LNS 55572 b
1become the secondary victims of domestic violence, as evidenced
2by the high rates of police injuries and deaths that occur in
3response to domestic violence calls; and
4 (6) Recognize that courts and law enforcement do not have
5access to complete criminal records and order of protection
6records; Expand the civil and criminal remedies for victims of
7domestic violence; including, when necessary, the remedies
8which effect physical separation of the parties to prevent
9further abuse.
10 (7) Recognize that many actual incidents of domestic
11violence are not reported to law enforcement or the courts, and
12that many actual incidents of domestic violence that are
13reported do not lead to criminal convictions or incarceration
14due to fear of the victims, pressure on the victims to refrain
15from reporting or pressing charges, and lack of zealous
16prosecution;
17 (8) Recognize that the court system has not had access to a
18perpetrator's complete past criminal records, arrest records,
19conviction records, and order of protection records when
20determining whether to issue an order of protection;
21 (9) Recognize that the courts having access to and
22considering a perpetrator's complete past criminal records,
23arrest records, conviction records, and order of protection
24records gives a more complete picture of the pattern of
25domestic violence that is imperative to determining the threat
26of future violent behavior and protecting the victim when

HB3402- 31 -LRB101 10466 LNS 55572 b
1determining whether to issue an order of protection;
2 (10) Recognize that domestic violence is silenced and
3misunderstood by much of the legal system, which has allowed
4widespread failure in protecting victims of domestic violence;
5 (11) Recognize that perpetrators of abuse use the legal
6system and court system to further emotional and financial
7abuse upon their victims, and to force them to incur further
8legal fees;
9 (12) Recognize that victims of domestic abuse find it
10extremely difficult to provide sufficient evidence of abuse to
11the court due to the current restrictive laws on recording;
12 (13) Recognize that judges who preside over family law or
13domestic violence courtrooms, mandated reporters, victim
14assistance professionals, family law attorneys, family law
15mediators, court-appointed guardians ad litem, court-appointed
16child representatives, court-appointed therapists and
17counselors, and court-appointed experts who practice in the
18area of family law are not currently required to undergo
19domestic violence education;
20 (14) Recognize that domestic violence education for judges
21who preside over family law or domestic violence courtrooms,
22mandated reporters, victim assistance professionals, family
23law attorneys, family law mediators, court-appointed guardians
24ad litem, court-appointed child representatives,
25court-appointed therapists and counselors, and court-appointed
26experts who practice in the area of family law would assist

HB3402- 32 -LRB101 10466 LNS 55572 b
1these professionals in his or her duties and would assist in
2protecting 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
6following terms shall have the following meanings:
7 (1) "Abuse" means physical abuse, harassment, intimidation
8of a dependent, interference with personal liberty or willful
9deprivation but does not include reasonable direction of a
10minor child by a parent or person in loco parentis.
11 (2) "Adult with disabilities" means an elder adult with
12disabilities or a high-risk adult with disabilities. A person
13may be an adult with disabilities for purposes of this Act even
14though he or she has never been adjudicated an incompetent
15adult. However, no court proceeding may be initiated or
16continued on behalf of an adult with disabilities over that
17adult's objection, unless such proceeding is approved by his or
18her 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
22prevented by advanced age from taking appropriate action to
23protect himself or herself from abuse by a family or household
24member.
25 (5) "Exploitation" means the illegal, including tortious,

HB3402- 33 -LRB101 10466 LNS 55572 b
1use of a high-risk adult with disabilities or of the assets or
2resources of a high-risk adult with disabilities. Exploitation
3includes, but is not limited to, the misappropriation of assets
4or resources of a high-risk adult with disabilities by undue
5influence, by breach of a fiduciary relationship, by fraud,
6deception, or extortion, or the use of such assets or resources
7in a manner contrary to law.
8 (6) "Family or household members" include spouses, former
9spouses, parents, children, stepchildren and other persons
10related by blood or by present or prior marriage, persons who
11share or formerly shared a common dwelling, persons who have or
12allegedly have a child in common, persons who share or
13allegedly share a blood relationship through a child, persons
14who have or have had a dating or engagement relationship,
15persons with disabilities and their personal assistants, and
16caregivers as defined in Section 12-4.4a of the Criminal Code
17of 2012. For purposes of this paragraph, neither a casual
18acquaintanceship nor ordinary fraternization between 2
19individuals in business or social contexts shall be deemed to
20constitute a dating relationship. In the case of a high-risk
21adult with disabilities, "family or household members"
22includes any person who has the responsibility for a high-risk
23adult as a result of a family relationship or who has assumed
24responsibility for all or a portion of the care of a high-risk
25adult with disabilities voluntarily, or by express or implied
26contract, or by court order.

HB3402- 34 -LRB101 10466 LNS 55572 b
1 (7) "Harassment" means knowing conduct which is not
2necessary to accomplish a purpose that is reasonable under the
3circumstances; would cause a reasonable person emotional
4distress; and does cause emotional distress to the petitioner.
5Unless the presumption is rebutted by a preponderance of the
6evidence, the following types of conduct shall be presumed to
7cause 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

HB3402- 35 -LRB101 10466 LNS 55572 b
1 restraint on one or more occasions.
2 (8) "High-risk adult with disabilities" means a person aged
318 or over whose physical or mental disability impairs his or
4her ability to seek or obtain protection from abuse, neglect,
5or exploitation.
6 (8.5) "Household animal" means any animal owned,
7possessed, leased, kept, or held by a person or a minor child
8residing in the residence or household.
9 (9) "Interference with personal liberty" means committing
10or threatening physical abuse, harassment, intimidation or
11willful deprivation so as to compel another to engage in
12conduct from which she or he has a right to abstain or to
13refrain from conduct in which she or he has a right to engage.
14 (10) "Intimidation of a dependent" means subjecting a
15person who is dependent because of age, health or disability to
16participation in or the witnessing of: physical force against
17another or physical confinement or restraint of another which
18constitutes physical abuse as defined in this Act, regardless
19of whether the abused person is a family or household member.
20 (11) (A) "Neglect" means the failure to exercise that
21degree of care toward a high-risk adult with disabilities which
22a reasonable person would exercise under the circumstances and
23includes 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

HB3402- 36 -LRB101 10466 LNS 55572 b
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
11impose a requirement that assistance be provided to a high-risk
12adult with disabilities over his or her objection in the
13absence of a court order, nor to create any new affirmative
14duty to provide support to a high-risk adult with disabilities.
15 (12) "Order of protection" means an emergency order,
16interim order or plenary order, granted pursuant to this Act,
17which includes any or all of the remedies authorized by Section
18214 of this Act.
19 (13) "Petitioner" may mean not only any named petitioner
20for the order of protection and any named victim of abuse on
21whose behalf the petition is brought, but also any other person
22protected by this Act.
23 (14) "Physical abuse" includes sexual abuse and means any
24of the following:
25 (i) knowing or reckless use of physical force,
26 confinement or restraint;

HB3402- 37 -LRB101 10466 LNS 55572 b
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
6both physical presence and nonphysical contact with the
7petitioner whether direct, indirect (including, but not
8limited to, telephone calls, mail, email, faxes, and written
9notes), or through third parties who may or may not know about
10the order of protection.
11 (15) "Willful deprivation" means wilfully denying a person
12who because of age, health or disability requires medication,
13medical care, shelter, accessible shelter or services, food,
14therapeutic device, or other physical assistance, and thereby
15exposing that person to the risk of physical, mental or
16emotional harm, except with regard to medical care or treatment
17when the dependent person has expressed an intent to forgo such
18medical care or treatment. This paragraph does not create any
19new 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
24violence courtrooms, mandated reporters pursuant to Section 4
25of the Abused and Neglected Child Reporting Act, victim

HB3402- 38 -LRB101 10466 LNS 55572 b
1assistance professionals, family law attorneys, family law
2mediators, court-appointed guardians ad litem, court-appointed
3child representatives, court-appointed therapists and
4counselors, and court-appointed experts who practice in the
5area of family law shall complete the Domestic Violence
6Foundation Training Course offered by the Illinois Coalition
7Against Domestic Violence. The Domestic Violence Foundation
8Training Course shall include topics regarding physical,
9emotional, and financial abuse, and a specific focus on how
10emotional abuse affects children.
11 (b) For current judges and all other professionals
12practicing on the effective date of this amendatory Act of the
13101st General Assembly, the Domestic Violence Foundation
14Training Course shall be completed within 24 months of the
15effective date of this amendatory Act of the 101st General
16Assembly and every 5 years thereafter.
17 (c) For judges who are appointed or elected after the
18effective date of this amendatory Act of the 101st General
19Assembly, the Domestic Violence Foundation Training Course
20shall be completed within 24 months of such appointment or
21election and every 5 years thereafter. For professionals who
22start after the effective date of this amendatory Act of the
23101st General Assembly, the Domestic Violence Foundation
24Training Course shall be completed within 24 months of starting
25practice in the area of family law or domestic violence and
26every 5 years thereafter.

HB3402- 39 -LRB101 10466 LNS 55572 b
1 (d) The Illinois Coalition Against Domestic Violence shall
2be deemed to be accredited by the State regulatory boards and
3the Domestic Violence Foundation Training Course shall be
4deemed to provide continuing education units by the appropriate
5State regulatory boards in the various professional fields of
6the professionals required to complete the course.
7 (e) All respondents against whom an order of protection is
8issued shall be required to complete a 26-week intervention
9program for domestic abuse and violence accredited by the
10Illinois Coalition Against Domestic Violence or one of its
11local members.
12 (f) The clerk of the court shall provide to all petitioners
13seeking an order of protection, regardless of whether an order
14of protection is issued, resources and information on domestic
15violence and how to obtain assistance as a victim of domestic
16violence, including, but not limited to: (i) contact
17information for the nearest domestic violence victim support
18organization, the Illinois Coalition Against Domestic
19Violence, the National Domestic Violence Hotline, the local
20police and State's Attorney, and local legal services clinic;
21and (ii) information concerning the various forms of domestic
22abuse, including emotional, verbal, financial, physical,
23sexual, and spiritual abuse.
24 (750 ILCS 60/213.4 new)
25 Sec. 213.4. Admissibility of images and recordings. A

HB3402- 40 -LRB101 10466 LNS 55572 b
1photograph or electronic recording made of a respondent under
2reasonable suspicion that the respondent is committing, is
3about to commit, or has committed an act of abuse, and there is
4reason to believe that evidence of the act of abuse may be
5obtained by the photograph or electronic recording, shall be
6permitted as evidence in a court hearing regarding an order of
7protection, and is exempt from Article 14 of the Criminal Code
8of 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
12has been abused by a family or household member or that
13petitioner is a high-risk adult who has been abused, neglected,
14or exploited, as defined in this Act, an order of protection
15prohibiting the abuse, neglect, or exploitation shall issue;
16provided that petitioner must also satisfy the requirements of
17one of the following Sections, as appropriate: Section 217 on
18emergency orders, Section 218 on interim orders, or Section 219
19on plenary orders. Petitioner shall not be denied an order of
20protection because petitioner or respondent is a minor. The
21court, when determining whether or not to issue an order of
22protection, shall not require physical manifestations of abuse
23on the person of the victim. Modification and extension of
24prior orders of protection shall be in accordance with this
25Act.

HB3402- 41 -LRB101 10466 LNS 55572 b
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

HB3402- 42 -LRB101 10466 LNS 55572 b
1 petition.
2 (b) Remedies and standards. The remedies to be included in
3an order of protection shall be determined in accordance with
4this Section and one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim orders,
6and Section 219 on plenary orders. The remedies listed in this
7subsection shall be in addition to other civil or criminal
8remedies 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

HB3402- 43 -LRB101 10466 LNS 55572 b
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.

HB3402- 44 -LRB101 10466 LNS 55572 b
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

HB3402- 45 -LRB101 10466 LNS 55572 b
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

HB3402- 46 -LRB101 10466 LNS 55572 b
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

HB3402- 47 -LRB101 10466 LNS 55572 b
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

HB3402- 48 -LRB101 10466 LNS 55572 b
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

HB3402- 49 -LRB101 10466 LNS 55572 b
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

HB3402- 50 -LRB101 10466 LNS 55572 b
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

HB3402- 51 -LRB101 10466 LNS 55572 b
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

HB3402- 52 -LRB101 10466 LNS 55572 b
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

HB3402- 53 -LRB101 10466 LNS 55572 b
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

HB3402- 54 -LRB101 10466 LNS 55572 b
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)

HB3402- 55 -LRB101 10466 LNS 55572 b
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

HB3402- 56 -LRB101 10466 LNS 55572 b
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

HB3402- 57 -LRB101 10466 LNS 55572 b
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

HB3402- 58 -LRB101 10466 LNS 55572 b
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

HB3402- 59 -LRB101 10466 LNS 55572 b
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

HB3402- 60 -LRB101 10466 LNS 55572 b
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

HB3402- 61 -LRB101 10466 LNS 55572 b
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

HB3402- 62 -LRB101 10466 LNS 55572 b
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

HB3402- 63 -LRB101 10466 LNS 55572 b
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

HB3402- 64 -LRB101 10466 LNS 55572 b
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
23the balance of hardships does not support the granting of a
24remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

HB3402- 65 -LRB101 10466 LNS 55572 b
1include a finding as to whether granting the remedy will result
2in hardship to respondent that would substantially outweigh the
3hardship to petitioner from denial of the remedy. The findings
4shall be an official record or in writing.
5 (e) Denial of remedies. Denial of any remedy shall not be
6based, 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.

HB3402- 66 -LRB101 10466 LNS 55572 b
1(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
2eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
3100-923, 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
7Police, on the same day as received, in the form and detail the
8Department requires, copies of any recorded emergency,
9interim, or plenary orders of protection issued by the court,
10and any foreign orders of protection filed by the clerk of the
11court, and transmitted to the sheriff by the clerk of the court
12pursuant to subsection (b) of Section 222 of this Act. Each
13order of protection shall be entered in the Law Enforcement
14Agencies Data System on the same day it is issued by the court.
15If an emergency order of protection was issued in accordance
16with subsection (c) of Section 217, the order shall be entered
17in the Law Enforcement Agencies Data System as soon as possible
18after receipt from the clerk.
19 (b) The Department of State Police shall maintain a
20complete and systematic record and index of all valid or
21expired and recorded orders of protection issued pursuant to
22this Act for a period of at least 20 years. The data shall be
23used to inform all dispatchers and law enforcement officers at
24the scene of an alleged incident of abuse, neglect, or
25exploitation or violation of an order of protection of: (i) any

HB3402- 67 -LRB101 10466 LNS 55572 b
1recorded prior incident of abuse, neglect, or exploitation
2involving the abused, neglected, or exploited party and the
3effective dates and terms of any recorded order of protection,
4and (ii) any recorded prior incident of abuse, neglect, or
5exploitation involving the respondent of abuse, neglect, or
6exploitation against other parties and the effective dates and
7terms of any recorded order of protection. The data shall also
8be used pursuant to paragraph (1) of subsection (a) of Section
9214 to inform the court in proceedings when determining whether
10to issue an order of protection, and shall be used when
11considering a pattern of abuse of (1) any recorded prior
12incident of abuse, neglect, or exploitation involving the
13abused, neglected, or exploited party and the effective dates
14and terms of any recorded order of protection, and (2) any
15recorded prior incident of abuse, neglect, or exploitation
16involving the respondent engaging in abuse, neglect, or
17exploitation against other parties and the effective dates and
18terms of any recorded order of protection.
19 (c) The data, records and transmittals required under this
20Section shall pertain to any valid emergency, interim or
21plenary order of protection, whether issued in a civil or
22criminal proceeding or authorized under the laws of another
23state, tribe, or United States territory.
24(Source: P.A. 95-331, eff. 8-21-07.)
25 (750 ILCS 60/302.5 new)

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1 Sec. 302.5. National Crime Information Center.
2 (a) The data contained in the National Crime Information
3Center database shall be used to inform all dispatchers and law
4enforcement officers at the scene of an alleged incident of
5abuse, neglect, or exploitation or violation of an order of
6protection of (i) any prior criminal incident involving the
7abused, neglected, or exploited party, and (ii) any prior
8criminal incident involving the respondent. The data shall also
9be used pursuant to paragraph (1) of subsection (a) of Section
10214 to inform the court in proceedings when determining whether
11to issue an order of protection, and shall be used when
12considering a pattern of abuse of (1) any prior criminal
13incident involving the abused, neglected, or exploited party,
14and (2) any prior criminal incident involving the respondent.
15 (b) All criminal information meeting the criteria of the
16information gathered by the National Crime Information Center
17shall be provided to the National Crime Information Center for
18the database by the courts, State and local law enforcement
19agencies, and other State and local criminal justice agencies
20within 24 hours of receipt of the information.
21 Section 99. Effective date. This Act takes effect upon
22becoming law.

HB3402- 69 -LRB101 10466 LNS 55572 b
1 INDEX
2 Statutes amended in order of appearance