Rep. Brad E. Halbrook
Filed: 4/8/2014
 
 


 




09800HB4860ham001LRB098 16479 RLC 58241 a



1
AMENDMENT TO HOUSE BILL 4860




2 AMENDMENT NO. ______. Amend House Bill 4860 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-6 as follows:




6 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)



7 Sec. 24-6. Confiscation and disposition of weapons. 

8 (a) Upon conviction of an offense in which a weapon was 
9used or
possessed by the offender, any weapon seized shall be 
10confiscated by the
trial court.

11 (b) Any stolen weapon so confiscated, when no longer
needed 
12for evidentiary purposes, shall be returned to the person 
13entitled to
possession, if known. After the
disposition of a 
14criminal case or in any criminal case where a final judgment
in 
15the case was not entered due to the death of the defendant, and 
16when a
confiscated weapon is no longer needed for evidentiary 
 
 
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1purposes, and when in
due course no legitimate claim has been 
2made for the weapon, the court may
transfer the weapon to the 
3sheriff of the county who may proceed to
destroy it, or may in 
4its discretion order the weapon preserved as
property of the 
5governmental body whose police agency seized the weapon, or
may 
6in its discretion order the weapon to be transferred to the 
7Department
of State Police for use by the crime laboratory 
8system, for training
purposes, or for any other application as 
9deemed appropriate by the
Department. A weapon transferred to a 
10law enforcement agency under this Section may be sold by the 
11law enforcement agency at public auction under Section 3 of the 
12Law Enforcement Disposition of Property Act. If, after the 
13disposition of a criminal case, a need still
exists for the use 
14of the confiscated weapon for evidentiary purposes, the
court 
15may transfer the weapon to the custody of the State Department 
16of
Corrections for preservation. The court may not order the 
17transfer of the
weapon to any private individual or private 
18organization other than to return
a stolen weapon to its 
19rightful owner.

20 The provisions of this Section shall not apply to 
21violations of the Fish
and Aquatic Life Code or the Wildlife 
22Code. Confiscation
of weapons for Fish and Aquatic Life Code 
23and Wildlife Code
violations shall be only as provided in those 
24Codes.

25 (c) Any mental hospital that admits a person as an 
26inpatient pursuant
to any of the provisions of the Mental 
 
 
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1Health and Developmental
Disabilities Code shall confiscate 
2any firearms in the possession of that
person at the time of 
3admission, or at any time the firearms are
discovered in the 
4person's possession during the course of hospitalization.
The 
5hospital shall, as soon as possible following confiscation, 
6transfer
custody of the firearms to the appropriate law 
7enforcement agency. The
hospital shall give written notice to 
8the person from whom the firearm was
confiscated of the 
9identity and address of the law enforcement agency to
which it 
10has given the firearm.

11 The law enforcement agency shall maintain possession of any 
12firearm it
obtains pursuant to this subsection for a minimum of 
1390 days. Thereafter,
the firearm may be disposed of pursuant to 
14the provisions of subsection (b)
of this Section.

15(Source: P.A. 91-696, eff. 4-13-00.)


16 Section 10. The Code of Criminal Procedure of 1963 is 
17amended by changing Section 112A-14 as follows:




18 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


19 Sec. 112A-14. Order of protection; remedies. 

20 (a) Issuance of order. If the court finds that petitioner 
21has been
abused by a family or household member, as defined in 
22this Article, an
order of protection prohibiting such abuse 
23shall issue; provided that
petitioner must also satisfy the 
24requirements of one of the following
Sections, as appropriate: 
 
 
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1Section 112A-17 on emergency orders, Section
112A-18 on interim 
2orders, or Section 112A-19 on
plenary orders.
Petitioner shall 
3not be denied an order of protection because petitioner or

4respondent is a minor. The court, when determining whether or 
5not to issue
an order of protection, shall not require physical 
6manifestations of abuse
on the person of the victim. 
7Modification and extension of prior orders of
protection shall 
8be in accordance with this Article.

9 (b) Remedies and standards. The remedies to be included in 
10an order of
protection shall be determined in accordance with 
11this Section and one of
the following Sections, as appropriate: 
12Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
13orders, and Section 112A-19 on
plenary orders.
The remedies 
14listed in this subsection shall be in addition to other civil

15or criminal remedies available to petitioner.


16  (1) Prohibition of abuse. Prohibit respondent's 
17 harassment,
interference with personal liberty, 
18 intimidation of a dependent, physical
abuse or willful 
19 deprivation, as defined in this Article, if such abuse has

20 occurred or otherwise appears likely to occur if not 
21 prohibited.


22  (2) Grant of exclusive possession of residence. 
23 Prohibit respondent
from entering or remaining in any 
24 residence, household, or premises of the petitioner,

25 including one owned or leased by respondent, if petitioner 
26 has a right
to occupancy thereof. The grant of exclusive 
 
 
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1 possession of the residence, household, or premises
shall 
2 not affect title to real property, nor shall the court be 
3 limited by
the standard set forth in Section 701 of the 
4 Illinois Marriage and
Dissolution of Marriage Act.


5   (A) Right to occupancy. A party has a right to 
6 occupancy of a
residence or household if it is
solely 
7 or jointly owned or leased by that party, that party's 
8 spouse, a
person with a legal duty to support that 
9 party or a minor child in that
party's care, or by any 
10 person or entity other than the opposing party that

11 authorizes that party's occupancy (e.g., a domestic 
12 violence shelter).
Standards set forth in subparagraph 
13 (B) shall not preclude equitable relief.


14   (B) Presumption of hardships. If petitioner and 
15 respondent
each has the right to occupancy of a 
16 residence or household, the court
shall balance (i) the 
17 hardships to respondent and any minor child or

18 dependent adult in respondent's care resulting from 
19 entry of this remedy with (ii)
the hardships to 
20 petitioner and any minor child or dependent adult in

21 petitioner's care resulting from continued exposure to 
22 the risk of abuse (should
petitioner remain at the 
23 residence or household) or from loss of possession
of 
24 the residence or household (should petitioner leave to 
25 avoid the risk
of abuse). When determining the balance 
26 of hardships, the court shall also
take into account 
 
 
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1 the accessibility of the residence or household.

2 Hardships need not be balanced if respondent does not 
3 have a right to occupancy.


4   The balance of hardships is presumed to favor 
5 possession by
petitioner unless the presumption is 
6 rebutted by a preponderance of the
evidence, showing 
7 that the hardships to respondent substantially 
8 outweigh
the hardships to petitioner and any minor 
9 child or dependent adult in petitioner's
care. The 
10 court, on the request of petitioner or on its own 
11 motion,
may order respondent to provide suitable, 
12 accessible, alternate housing
for petitioner instead 
13 of
excluding respondent from a mutual residence or 
14 household.


15  (3) Stay away order and additional prohibitions.
Order 
16 respondent to stay away from petitioner or any other person

17 protected by the order of protection, or prohibit 
18 respondent from entering
or remaining present at 
19 petitioner's school, place of employment, or other

20 specified places at times when petitioner is present, or 
21 both, if
reasonable, given
the balance of hardships. 
22 Hardships need not be balanced for the court
to enter a 
23 stay away order or prohibit entry
if respondent has no 
24 right to enter the premises.


25  If an order of protection grants petitioner exclusive 
26 possession
of the residence, or prohibits respondent from 
 
 
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1 entering the residence,
or orders respondent to stay away 
2 from petitioner or other
protected persons, then the court 
3 may allow respondent access to the
residence to remove 
4 items of clothing and personal adornment
used exclusively 
5 by respondent, medications, and other items as the court 
6 directs.
The right to access shall be exercised on only one 
7 occasion as the court directs
and in the presence of an 
8 agreed-upon adult third party or law enforcement officer.


9  (4) Counseling. Require or recommend the respondent to 
10 undergo
counseling for a specified duration with a social 
11 worker, psychologist,
clinical psychologist, psychiatrist, 
12 family service agency, alcohol or
substance abuse program, 
13 mental health center guidance counselor, agency
providing 
14 services to elders, program designed for domestic violence

15 abusers or any other guidance service the court deems 
16 appropriate. The court may order the respondent in any 
17 intimate partner relationship to report to an Illinois 
18 Department of Human Services protocol approved partner 
19 abuse intervention program for an assessment and to follow 
20 all recommended treatment. 


21  (5) Physical care and possession of the minor child. In 
22 order to protect
the minor child from abuse, neglect, or 
23 unwarranted separation from the person
who has been the 
24 minor child's primary caretaker, or to otherwise protect 
25 the
well-being of the minor child, the court may do either 
26 or both of the following:
(i) grant petitioner physical 
 
 
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1 care or possession of the minor child, or both, or
(ii) 
2 order respondent to return a minor child to, or not remove 
3 a minor child
from, the physical care of a parent or person 
4 in loco parentis.


5  If a court finds, after a hearing, that respondent has 
6 committed abuse
(as defined in Section 112A-3) of a minor 
7 child, there shall be a
rebuttable presumption that 
8 awarding physical care to respondent would not
be in the 
9 minor child's best interest.


10  (6) Temporary legal custody.
Award temporary legal 
11 custody to petitioner in accordance with this Section,
the 
12 Illinois Marriage
and Dissolution of Marriage Act, the 
13 Illinois Parentage Act of 1984,
and this State's Uniform 
14 Child-Custody
Jurisdiction and Enforcement Act. 


15  If a court finds, after a hearing, that respondent
has 
16 committed abuse (as defined in Section 112A-3) of a
minor 
17 child, there shall be a rebuttable presumption that 
18 awarding
temporary legal custody to respondent would not be 
19 in the
child's best interest.


20  (7) Visitation. Determine the
visitation rights, if 
21 any, of respondent in any case in which the court
awards 
22 physical care or temporary legal custody of a minor child 
23 to
petitioner. The court shall restrict or deny 
24 respondent's visitation with
a minor child if
the court 
25 finds that respondent has done or is likely to do any of 
26 the
following: (i) abuse or endanger the minor child during 
 
 
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1 visitation; (ii) use the
visitation as an opportunity to 
2 abuse or harass petitioner or
petitioner's family or 
3 household members; (iii) improperly conceal or
detain the 
4 minor child; or (iv) otherwise act in a manner that is not 
5 in
the best interests of the minor child. The court shall 
6 not be limited by the
standards set forth in Section 607.1 
7 of the Illinois Marriage and
Dissolution of Marriage Act. 
8 If the court grants visitation, the order
shall specify 
9 dates and times for the visitation to take place or other

10 specific parameters or conditions that are appropriate. No 
11 order for
visitation shall refer merely to the term 
12 "reasonable visitation".


13  Petitioner may deny respondent access to the minor 
14 child if, when
respondent arrives for visitation, 
15 respondent is under the influence of drugs
or alcohol and 
16 constitutes a threat to the safety and well-being of

17 petitioner or petitioner's minor children or is behaving in 
18 a violent or abusive manner.


19  If necessary to protect any member of petitioner's 
20 family or
household from future abuse, respondent shall be 
21 prohibited from coming to
petitioner's residence to meet 
22 the minor child for visitation, and the
parties shall 
23 submit to the court their recommendations for reasonable

24 alternative arrangements for visitation. A person may be 
25 approved to
supervise visitation only after filing an 
26 affidavit accepting
that responsibility and acknowledging 
 
 
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1 accountability to the court.


2  (8) Removal or concealment of minor child.
Prohibit 
3 respondent from
removing a minor child from the State or 
4 concealing the child within the
State.


5  (9) Order to appear. Order the respondent to
appear in 
6 court, alone
or with a minor child, to prevent abuse, 
7 neglect, removal or concealment of
the child, to return the 
8 child to the custody or care of the petitioner or
to permit 
9 any court-ordered interview or examination of the child or 
10 the
respondent.


11  (10) Possession of personal property. Grant petitioner 
12 exclusive
possession of personal property and, if 
13 respondent has possession or
control, direct respondent to 
14 promptly make it available to petitioner, if:


15   (i) petitioner, but not respondent, owns the 
16 property; or


17   (ii) the parties own the property jointly; sharing 
18 it would risk
abuse of petitioner by respondent or is 
19 impracticable; and the balance of
hardships favors 
20 temporary possession by petitioner.


21  If petitioner's sole claim to ownership of the property 
22 is that it is
marital property, the court may award 
23 petitioner temporary possession
thereof under the 
24 standards of subparagraph (ii) of this paragraph only if
a 
25 proper proceeding has been filed under the Illinois 
26 Marriage and
Dissolution of Marriage Act, as now or 
 
 
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1 hereafter amended.


2  No order under this provision shall affect title to 
3 property.


4  (11) Protection of property. Forbid the respondent 
5 from taking,
transferring, encumbering, concealing, 
6 damaging or otherwise disposing of
any real or personal 
7 property, except as explicitly authorized by the
court, if:


8   (i) petitioner, but not respondent, owns the 
9 property; or


10   (ii) the parties own the property jointly,
and the 
11 balance of hardships favors granting this remedy.


12  If petitioner's sole claim to ownership of the property 
13 is that it is
marital property, the court may grant 
14 petitioner relief under subparagraph
(ii) of this 
15 paragraph only if a proper proceeding has been filed under 
16 the
Illinois Marriage and Dissolution of Marriage Act, as 
17 now or hereafter amended.


18  The court may further prohibit respondent from 
19 improperly using the
financial or other resources of an 
20 aged member of the family or household
for the profit or 
21 advantage of respondent or of any other person.

22  (11.5) Protection of animals. Grant the petitioner the 
23 exclusive care, custody, or control of any animal owned, 
24 possessed, leased, kept, or held by either the petitioner 
25 or the respondent or a minor child residing in the 
26 residence or household of either the petitioner or the 
 
 
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1 respondent and order the respondent to stay away from the 
2 animal and forbid the respondent from taking, 
3 transferring, encumbering, concealing, harming, or 
4 otherwise disposing of the animal.


5  (12) Order for payment of support. Order
respondent to 
6 pay temporary
support for the petitioner or any child in 
7 the petitioner's care or
custody, when the respondent has a 
8 legal obligation to support that person,
in accordance with 
9 the Illinois Marriage and Dissolution
of Marriage Act, 
10 which shall govern, among other matters, the amount of

11 support, payment through the clerk and withholding of 
12 income to secure
payment. An order for child support may be 
13 granted to a petitioner with
lawful physical care or 
14 custody of a child, or an order or agreement for
physical 
15 care or custody, prior to entry of an order for legal 
16 custody.
Such a support order shall expire upon entry of a 
17 valid order granting
legal custody to another, unless 
18 otherwise provided in the custody order.


19  (13) Order for payment of losses. Order
respondent to 
20 pay petitioner
for losses suffered as a direct result of 
21 the abuse. Such losses shall
include, but not be limited 
22 to, medical expenses, lost earnings or other
support, 
23 repair or replacement of property damaged or taken, 
24 reasonable
attorney's fees, court costs and moving or other 
25 travel expenses, including
additional reasonable expenses 
26 for temporary shelter and restaurant meals.


 
 
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1   (i) Losses affecting family needs. If a party is 
2 entitled to seek
maintenance, child support or 
3 property distribution from the other party
under the 
4 Illinois Marriage and Dissolution of Marriage Act, as 
5 now or
hereafter amended, the court may order 
6 respondent to reimburse petitioner's
actual losses, to 
7 the extent that such reimbursement would be 
8 "appropriate
temporary relief", as authorized by 
9 subsection (a)(3) of
Section 501 of that Act.


10   (ii) Recovery of expenses. In the case of an 
11 improper concealment
or removal of a minor child, the 
12 court may order respondent to pay the reasonable

13 expenses incurred or to be incurred in the search for 
14 and recovery of the
minor child, including but not 
15 limited to legal fees, court costs, private

16 investigator fees, and travel costs.


17  (14) Prohibition of entry. Prohibit the respondent 
18 from entering or
remaining in the residence or household 
19 while the respondent is under the
influence of alcohol or 
20 drugs and constitutes a threat to the safety and
well-being 
21 of the petitioner or the petitioner's children.


22  (14.5) Prohibition of firearm possession. 
23   (A) A person who is subject to an existing order of 
24 protection, interim order of protection, emergency 
25 order of protection, or plenary order of protection, 
26 issued under this Code may not lawfully possess weapons 
 
 
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1 under Section 8.2 of the Firearm Owners Identification 
2 Card Act.
3   (B) Any firearms in the
possession of the 
4 respondent, except as provided in subparagraph (C) of 
5 this paragraph (14.5), shall be ordered by the court to 
6 be turned
over to a person with a valid Firearm Owner's 
7 Identification Card for safekeeping. The court shall 
8 issue an order that the respondent's Firearm Owner's 
9 Identification Card be turned over to the local law 
10 enforcement agency, which in turn shall immediately 
11 mail the card to the Department of State Police Firearm 
12 Owner's Identification Card Office for safekeeping.

13 The period of safekeeping shall be for the duration of 
14 the order of protection. The firearm or firearms and 
15 Firearm Owner's Identification Card, if unexpired, 
16 shall at the respondent's request be returned to the 
17 respondent at expiration of the order of protection.

18   (C) If the respondent is a peace officer as defined 
19 in Section 2-13 of
the
Criminal Code of 2012, the court 
20 shall order that any firearms used by the
respondent in 
21 the performance of his or her duties as a
peace officer 
22 be surrendered to
the chief law enforcement executive 
23 of the agency in which the respondent is
employed, who 
24 shall retain the firearms for safekeeping for the 
25 duration of the order of protection.

26   (D) Upon expiration of the period of safekeeping, 
 
 
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1 if the firearms or Firearm Owner's Identification Card 
2 cannot be returned to respondent because respondent 
3 cannot be located, fails to respond to requests to 
4 retrieve the firearms, or is not lawfully eligible to 
5 possess a firearm, upon petition from the local law 
6 enforcement agency, the court may order the local law 
7 enforcement agency to destroy the firearms, use the 
8 firearms for training purposes, or for any other 
9 application as deemed appropriate by the local law 
10 enforcement agency, including a sale at public auction 
11 under the provisions of the Law Enforcement 
12 Disposition of Property Act; or that the firearms be 
13 turned over to a third party who is lawfully eligible 
14 to possess firearms, and who does not reside with 
15 respondent. 

16  (15) Prohibition of access to records. If an order of 
17 protection
prohibits respondent from having contact with 
18 the minor child,
or if petitioner's address is omitted 
19 under subsection (b) of
Section 112A-5, or if necessary to 
20 prevent abuse or wrongful removal or
concealment of a minor 
21 child, the order shall deny respondent access to, and

22 prohibit respondent from inspecting, obtaining, or 
23 attempting to
inspect or obtain, school or any other 
24 records of the minor child
who is in the care of 
25 petitioner.


26  (16) Order for payment of shelter services. Order 
 
 
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1 respondent to
reimburse a shelter providing temporary 
2 housing and counseling services to
the petitioner for the 
3 cost of the services, as certified by the shelter
and 
4 deemed reasonable by the court.


5  (17) Order for injunctive relief. Enter injunctive 
6 relief necessary
or appropriate to prevent further abuse of 
7 a family or household member or
to effectuate one of the 
8 granted remedies, if supported by the balance of
hardships. 
9 If the harm to be prevented by the injunction is abuse or 
10 any
other harm that one of the remedies listed in 
11 paragraphs (1) through (16)
of this subsection is designed 
12 to prevent, no further evidence is necessary
to establish 
13 that the harm is an irreparable injury.

14 (c) Relevant factors; findings.


15  (1) In determining whether to grant a
specific remedy, 
16 other than payment of support, the
court shall consider 
17 relevant factors, including but not limited to the

18 following:


19   (i) the nature, frequency, severity, pattern and 
20 consequences of the
respondent's past abuse of the 
21 petitioner or any family or household
member, 
22 including the concealment of his or her location in 
23 order to evade
service of process or notice, and the 
24 likelihood of danger of future abuse to
petitioner or

25 any member of petitioner's or respondent's family or 
26 household; and


 
 
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1   (ii) the danger that any minor child will be abused 
2 or neglected or
improperly removed from the 
3 jurisdiction, improperly concealed within the
State or 
4 improperly separated from the child's primary 
5 caretaker.


6  (2) In comparing relative hardships resulting to the 
7 parties from loss
of possession of the family home, the 
8 court shall consider relevant
factors, including but not 
9 limited to the following:


10   (i) availability, accessibility, cost, safety, 
11 adequacy, location and other
characteristics of 
12 alternate housing for each party and any minor child or

13 dependent adult in the party's care;


14   (ii) the effect on the party's employment; and


15   (iii) the effect on the relationship of the party, 
16 and any minor
child or dependent adult in the party's 
17 care, to family, school, church
and community.


18  (3) Subject to the exceptions set forth in paragraph 
19 (4) of this
subsection, the court shall make its findings 
20 in an official record or in
writing, and shall at a minimum 
21 set forth the following:


22   (i) That the court has considered the applicable 
23 relevant factors
described in paragraphs (1) and (2) of 
24 this subsection.


25   (ii) Whether the conduct or actions of respondent, 
26 unless
prohibited, will likely cause irreparable harm 
 
 
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1 or continued abuse.


2   (iii) Whether it is necessary to grant the 
3 requested relief in order
to protect petitioner or 
4 other alleged abused persons.


5  (4) For purposes of issuing an ex parte emergency order 
6 of protection,
the court, as an alternative to or as a 
7 supplement to making the findings
described in paragraphs 
8 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

9 the following procedure:


10  When a verified petition for an emergency order of 
11 protection in
accordance with the requirements of Sections 
12 112A-5 and 112A-17 is
presented to the court, the court 
13 shall examine petitioner on oath or
affirmation. An 
14 emergency order of protection shall be issued by the court

15 if it appears from the contents of the petition and the 
16 examination of
petitioner that the averments are 
17 sufficient to indicate abuse by
respondent and to support 
18 the granting of relief under the issuance of the
emergency 
19 order of protection.


20  (5) Never married parties. No rights or 
21 responsibilities for a minor
child born outside of marriage 
22 attach to a putative father until a father and
child 
23 relationship has been established under the Illinois 
24 Parentage Act of
1984. Absent such an adjudication, no 
25 putative father shall be granted
temporary custody of the 
26 minor child, visitation with the minor child, or
physical 
 
 
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1 care
and possession of the minor child, nor shall
an order 
2 of payment for support of the minor child be entered.

3 (d) Balance of hardships; findings. If the court finds that 
4the balance
of hardships does not support the granting of a 
5remedy governed by
paragraph (2), (3), (10), (11), or (16) of

6subsection (b) of this Section,
which may require such 
7balancing, the court's findings shall so
indicate and shall 
8include a finding as to whether granting the remedy will
result 
9in hardship to respondent that would substantially outweigh the 
10hardship
to petitioner
from denial of the remedy. The findings 
11shall be an official record or in
writing.

12 (e) Denial of remedies. Denial of any remedy shall not be 
13based, in
whole or in part, on evidence that:


14  (1) Respondent has cause for any use of force, unless 
15 that cause
satisfies the standards for justifiable use of 
16 force provided by Article
7 of the Criminal Code of 2012;


17  (2) Respondent was voluntarily intoxicated;


18  (3) Petitioner acted in self-defense or defense of 
19 another, provided
that, if petitioner utilized force, such 
20 force was justifiable under
Article 7 of the Criminal Code 
21 of 2012; 


22  (4) Petitioner did not act in self-defense or defense 
23 of another;


24  (5) Petitioner left the residence or household to avoid 
25 further abuse
by respondent;


26  (6) Petitioner did not leave the residence or household 
 
 
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1 to avoid further
abuse by respondent;


2  (7) Conduct by any family or household member excused 
3 the abuse by
respondent, unless that same conduct would 
4 have excused such abuse if the
parties had not been family 
5 or household members.

6(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 
797-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)


8 Section 15. The Illinois Domestic Violence Act of 1986 is 
9amended by changing Section 214 as follows:




10 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


11 Sec. 214. Order of protection; remedies. 

12 (a) Issuance of order. If the court finds that petitioner 
13has been
abused by a family or household member or that 
14petitioner is a high-risk
adult who has been abused, neglected, 
15or exploited, as defined in this Act,
an order of protection 
16prohibiting the abuse, neglect, or exploitation
shall issue; 
17provided that petitioner must also satisfy the requirements of

18one of the following Sections, as appropriate: Section 217 on 
19emergency
orders, Section 218 on interim orders, or Section 219 
20on plenary orders.
Petitioner shall not be denied an order of 
21protection because petitioner or
respondent is a minor. The 
22court, when determining whether or not to issue
an order of 
23protection, shall not require physical manifestations of abuse

24on the person of the victim. Modification and extension of 
 
 
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1prior
orders of protection shall be in accordance with this 
2Act.

3 (b) Remedies and standards. The remedies to be included in 
4an order of
protection shall be determined in accordance with 
5this Section and one of
the following Sections, as appropriate: 
6Section 217 on emergency orders,
Section 218 on interim orders, 
7and Section 219 on plenary orders. The
remedies listed in this 
8subsection shall be in addition to other civil or
criminal 
9remedies available to petitioner.


10  (1) Prohibition of abuse, neglect, or exploitation. 
11 Prohibit
respondent's harassment, interference with 
12 personal liberty, intimidation
of a dependent, physical 
13 abuse, or willful deprivation, neglect or
exploitation, as 
14 defined in this Act, or stalking of the petitioner, as 
15 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
16 such abuse, neglect,
exploitation, or stalking has 
17 occurred or otherwise appears likely to occur if
not 
18 prohibited.


19  (2) Grant of exclusive possession of residence. 
20 Prohibit respondent from
entering or remaining in any 
21 residence, household, or premises of the petitioner,

22 including one owned or leased by respondent, if petitioner 
23 has a right to
occupancy thereof. The grant of exclusive 
24 possession of the residence, household, or premises shall 
25 not
affect title to real property, nor shall the court be 
26 limited by the standard
set forth in Section 701 of the 
 
 
09800HB4860ham001- 22 -LRB098 16479 RLC 58241 a


1 Illinois Marriage and Dissolution of 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.


 
 
09800HB4860ham001- 23 -LRB098 16479 RLC 58241 a


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 
 
 
09800HB4860ham001- 24 -LRB098 16479 RLC 58241 a


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 
 
 
09800HB4860ham001- 25 -LRB098 16479 RLC 58241 a


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 
 
 
09800HB4860ham001- 26 -LRB098 16479 RLC 58241 a


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 
 
 
09800HB4860ham001- 27 -LRB098 16479 RLC 58241 a


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 legal custody. Award temporary legal 
18 custody to petitioner
in accordance with this Section, the 
19 Illinois Marriage and Dissolution of
Marriage Act, the 
20 Illinois Parentage Act of 1984, and this State's Uniform

21 Child-Custody Jurisdiction and Enforcement Act. 


22  If a court finds, after a hearing, that respondent has 
23 committed abuse (as
defined in Section 103) of a minor 
24 child, there shall be a rebuttable
presumption that 
25 awarding temporary legal custody to respondent would not be 
26 in
the child's best interest.


 
 
09800HB4860ham001- 28 -LRB098 16479 RLC 58241 a


1  (7) Visitation. Determine the visitation rights, if 
2 any, of respondent in
any case in which the court awards 
3 physical care or temporary legal custody of
a minor child 
4 to petitioner. The court shall restrict or deny 
5 respondent's
visitation with a minor child if the court 
6 finds that respondent has done or is
likely to do any of 
7 the following: (i) abuse or endanger the minor child during

8 visitation; (ii) use the visitation as an opportunity to 
9 abuse or harass
petitioner or petitioner's family or 
10 household members; (iii) improperly
conceal or detain the 
11 minor child; or (iv) otherwise act in a manner that is
not 
12 in the best interests of the minor child. The court shall 
13 not be limited
by the standards set forth in Section 607.1 
14 of the Illinois Marriage and
Dissolution of Marriage Act. 
15 If the court grants visitation, the order shall
specify 
16 dates and times for the visitation to take place or other 
17 specific
parameters or conditions that are appropriate. No 
18 order for visitation shall
refer merely to the term 
19 "reasonable visitation".


20  Petitioner may deny respondent access to the minor 
21 child if, when
respondent arrives for visitation, 
22 respondent is under the influence of drugs
or alcohol and 
23 constitutes a threat to the safety and well-being of

24 petitioner or petitioner's minor children or is behaving in 
25 a violent or
abusive manner.


26  If necessary to protect any member of petitioner's 
 
 
09800HB4860ham001- 29 -LRB098 16479 RLC 58241 a


1 family or
household from future abuse, respondent shall be 
2 prohibited from coming to
petitioner's residence to meet 
3 the minor child for visitation, and the
parties shall 
4 submit to the court their recommendations for reasonable

5 alternative arrangements for visitation. A person may be 
6 approved to
supervise visitation only after filing an 
7 affidavit accepting
that responsibility and acknowledging 
8 accountability to the court.


9  (8) Removal or concealment of minor child. Prohibit 
10 respondent from
removing a minor child from the State or 
11 concealing the child within the State.


12  (9) Order to appear. Order the respondent to appear in 
13 court, alone
or with a minor child, to prevent abuse, 
14 neglect, removal or concealment of
the child, to return the 
15 child to the custody or care of the petitioner or
to permit 
16 any court-ordered interview or examination of the child or 
17 the
respondent.


18  (10) Possession of personal property. Grant petitioner 
19 exclusive
possession of personal property and, if 
20 respondent has possession or
control, direct respondent to 
21 promptly make it available to petitioner, if:


22   (i) petitioner, but not respondent, owns the 
23 property; or


24   (ii) the parties own the property jointly; sharing 
25 it would risk
abuse of petitioner by respondent or is 
26 impracticable; and the balance of
hardships favors 
 
 
09800HB4860ham001- 30 -LRB098 16479 RLC 58241 a


1 temporary possession by petitioner.


2  If petitioner's sole claim to ownership of the property 
3 is that it is
marital property, the court may award 
4 petitioner temporary possession
thereof under the 
5 standards of subparagraph (ii) of this paragraph only if
a 
6 proper proceeding has been filed under the Illinois 
7 Marriage and
Dissolution of Marriage Act, as now or 
8 hereafter amended.


9  No order under this provision shall affect title to 
10 property.


11  (11) Protection of property. Forbid the respondent 
12 from taking,
transferring, encumbering, concealing, 
13 damaging or otherwise disposing of
any real or personal 
14 property, except as explicitly authorized by the
court, if:


15   (i) petitioner, but not respondent, owns the 
16 property; or


17   (ii) the parties own the property jointly,
and the 
18 balance of hardships favors granting this remedy.


19  If petitioner's sole claim to ownership of the property 
20 is that it is
marital property, the court may grant 
21 petitioner relief under subparagraph
(ii) of this 
22 paragraph only if a proper proceeding has been filed under 
23 the
Illinois Marriage and Dissolution of Marriage Act, as 
24 now or hereafter amended.


25  The court may further prohibit respondent from 
26 improperly using the
financial or other resources of an 
 
 
09800HB4860ham001- 31 -LRB098 16479 RLC 58241 a


1 aged member of the family or household
for the profit or 
2 advantage of respondent or of any other person.

3  (11.5) Protection of animals. Grant the petitioner the 
4 exclusive care, custody, or control of any animal owned, 
5 possessed, leased, kept, or held by either the petitioner 
6 or the respondent or a minor child residing in the 
7 residence or household of either the petitioner or the 
8 respondent and order the respondent to stay away from the 
9 animal and forbid the respondent from taking, 
10 transferring, encumbering, concealing, harming, or 
11 otherwise disposing of the animal.


12  (12) Order for payment of support. Order respondent to 
13 pay temporary
support for the petitioner or any child in 
14 the petitioner's care or
custody, when the respondent has a 
15 legal obligation to support that person,
in accordance with 
16 the Illinois Marriage and Dissolution
of Marriage Act, 
17 which shall govern, among other matters, the amount of

18 support, payment through the clerk and withholding of 
19 income to secure
payment. An order for child support may be 
20 granted to a petitioner with
lawful physical care or 
21 custody of a child, or an order or agreement for
physical 
22 care or custody, prior to entry of an order for legal 
23 custody.
Such a support order shall expire upon entry of a 
24 valid order granting
legal custody to another, unless 
25 otherwise provided in the custody order.


26  (13) Order for payment of losses. Order respondent to 
 
 
09800HB4860ham001- 32 -LRB098 16479 RLC 58241 a


1 pay petitioner for
losses suffered as a direct result of 
2 the abuse, neglect, or exploitation.
Such losses shall 
3 include, but not be limited to, medical expenses, lost

4 earnings or other support, repair or replacement of 
5 property damaged or taken,
reasonable attorney's fees, 
6 court costs and moving or other travel expenses,
including 
7 additional reasonable expenses for temporary shelter and 
8 restaurant
meals.


9   (i) Losses affecting family needs. If a party is 
10 entitled to seek
maintenance, child support or 
11 property distribution from the other party
under the 
12 Illinois Marriage and Dissolution of Marriage Act, as 
13 now or
hereafter amended, the court may order 
14 respondent to reimburse petitioner's
actual losses, to 
15 the extent that such reimbursement would be 
16 "appropriate
temporary relief", as authorized by 
17 subsection (a)(3) of Section 501 of
that Act.


18   (ii) Recovery of expenses. In the case of an 
19 improper concealment
or removal of a minor child, the 
20 court may order respondent to pay the
reasonable 
21 expenses incurred or to be incurred in the search for 
22 and recovery
of the minor child, including but not 
23 limited to legal fees, court costs,
private 
24 investigator fees, and travel costs.


25  (14) Prohibition of entry. Prohibit the respondent 
26 from entering or
remaining in the residence or household 
 
 
09800HB4860ham001- 33 -LRB098 16479 RLC 58241 a


1 while the respondent is under the
influence of alcohol or 
2 drugs and constitutes a threat to the safety and
well-being 
3 of the petitioner or the petitioner's children.


4  (14.5) Prohibition of firearm possession.


5   (a) Prohibit a respondent against whom an order of 
6 protection was issued from possessing any firearms 
7 during the duration of the order if the order:
8    (1) was issued after a hearing of which such 
9 person received
actual notice, and at which such 
10 person had an opportunity to
participate;
11    (2) restrains such person from harassing, 
12 stalking, or
threatening an intimate partner of 
13 such person or child of such
intimate partner or 
14 person, or engaging in other conduct that
would 
15 place an intimate partner in reasonable fear of 
16 bodily
injury to the partner or child; and
17    (3)(i) includes a finding that such person 
18 represents a
credible threat to the physical 
19 safety of such intimate partner
or child; or
(ii) 
20 by its terms explicitly prohibits the use, 
21 attempted
use, or threatened use of physical force 
22 against such intimate
partner or child that would 
23 reasonably be expected to cause
bodily injury.
24  Any Firearm Owner's Identification Card in the

25 possession of the respondent, except as provided in 
26 subsection (b), shall be ordered by the court to be 
 
 
09800HB4860ham001- 34 -LRB098 16479 RLC 58241 a


1 turned
over to the local law enforcement agency. The 
2 local law enforcement agency shall immediately mail 
3 the card to the Department of State Police Firearm 
4 Owner's Identification Card Office
for safekeeping. 
5 The court shall
issue a warrant for seizure of any 
6 firearm in the possession of the respondent, to be kept 
7 by the local law enforcement agency for safekeeping, 
8 except as provided in subsection (b).
The period of 
9 safekeeping shall be for the duration of the order of 
10 protection. The firearm or firearms and Firearm 
11 Owner's Identification Card, if unexpired, shall at 
12 the respondent's request, be returned to the 
13 respondent at the end
of the order of protection. It is 
14 the respondent's responsibility to notify the 
15 Department of State Police Firearm Owner's 
16 Identification Card Office. 


17   (b) If the respondent is a peace officer as defined 
18 in Section 2-13 of
the
Criminal Code of 2012, the court 
19 shall order that any firearms used by the
respondent in 
20 the performance of his or her duties as a
peace officer 
21 be surrendered to
the chief law enforcement executive 
22 of the agency in which the respondent is
employed, who 
23 shall retain the firearms for safekeeping for the 
24 duration of the order of protection.

25   (c) Upon expiration of the period of safekeeping, 
26 if the firearms or Firearm Owner's Identification Card 
 
 
09800HB4860ham001- 35 -LRB098 16479 RLC 58241 a


1 cannot be returned to respondent because respondent 
2 cannot be located, fails to respond to requests to 
3 retrieve the firearms, or is not lawfully eligible to 
4 possess a firearm, upon petition from the local law 
5 enforcement agency, the court may order the local law 
6 enforcement agency to destroy the firearms, use the 
7 firearms for training purposes, or for any other 
8 application as deemed appropriate by the local law 
9 enforcement agency, including a sale at public auction 
10 under the provisions of the Law Enforcement 
11 Disposition of Property Act; or that the firearms be 
12 turned over to a third party who is lawfully eligible 
13 to possess firearms, and who does not reside with 
14 respondent. 

15  (15) Prohibition of access to records. If an order of 
16 protection
prohibits respondent from having contact with 
17 the minor child,
or if petitioner's address is omitted 
18 under subsection (b) of
Section 203, or if necessary to 
19 prevent abuse or wrongful removal or
concealment of a minor 
20 child, the order shall deny respondent access to, and

21 prohibit respondent from inspecting, obtaining, or 
22 attempting to
inspect or obtain, school or any other 
23 records of the minor child
who is in the care of 
24 petitioner.


25  (16) Order for payment of shelter services. Order 
26 respondent to
reimburse a shelter providing temporary 
 
 
09800HB4860ham001- 36 -LRB098 16479 RLC 58241 a


1 housing and counseling services to
the petitioner for the 
2 cost of the services, as certified by the shelter
and 
3 deemed reasonable by the court.


4  (17) Order for injunctive relief. Enter injunctive 
5 relief necessary
or appropriate to prevent further abuse of 
6 a family or household member
or further abuse, neglect, or 
7 exploitation of a high-risk adult with
disabilities or to 
8 effectuate one of the granted remedies, if supported by the

9 balance of hardships. If the harm to be prevented by the 
10 injunction is abuse
or any other harm that one of the 
11 remedies listed in paragraphs (1) through
(16) of this 
12 subsection is designed to prevent, no further evidence is

13 necessary that the harm is an irreparable injury.

14 (c) Relevant factors; findings.


15  (1) In determining whether to grant a specific remedy, 
16 other than
payment of support, the court shall consider

17 relevant factors, including but not limited to the 
18 following:


19   (i) the nature, frequency, severity, pattern and 
20 consequences of the
respondent's past abuse, neglect 
21 or exploitation of the petitioner or
any family or 
22 household member, including the concealment of his or 
23 her
location in order to evade service of process or 
24 notice, and the likelihood of
danger of future abuse, 
25 neglect, or exploitation to petitioner or any member of

26 petitioner's or respondent's family or household; and


 
 
09800HB4860ham001- 37 -LRB098 16479 RLC 58241 a


1   (ii) the danger that any minor child will be abused 
2 or neglected or
improperly removed from the 
3 jurisdiction, improperly concealed within the
State or 
4 improperly separated from the child's primary 
5 caretaker.


6  (2) In comparing relative hardships resulting to the 
7 parties from loss
of possession of the family home, the 
8 court shall consider relevant
factors, including but not 
9 limited to the following:


10   (i) availability, accessibility, cost, safety, 
11 adequacy, location and
other characteristics of 
12 alternate housing for each party and any minor child
or 
13 dependent adult in the party's care;


14   (ii) the effect on the party's employment; and


15   (iii) the effect on the relationship of the party, 
16 and any minor
child or dependent adult in the party's 
17 care, to family, school, church
and community.


18  (3) Subject to the exceptions set forth in paragraph 
19 (4) of this
subsection, the court shall make its findings 
20 in an official record or in
writing, and shall at a minimum 
21 set forth the following:


22   (i) That the court has considered the applicable 
23 relevant factors
described in paragraphs (1) and (2) of 
24 this subsection.


25   (ii) Whether the conduct or actions of respondent, 
26 unless
prohibited, will likely cause irreparable harm 
 
 
09800HB4860ham001- 38 -LRB098 16479 RLC 58241 a


1 or continued abuse.


2   (iii) Whether it is necessary to grant the 
3 requested relief in order
to protect petitioner or 
4 other alleged abused persons.


5  (4) For purposes of issuing an ex parte emergency order 
6 of protection,
the court, as an alternative to or as a 
7 supplement to making the findings
described in paragraphs 
8 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
9 the following procedure:


10  When a verified petition for an emergency order of 
11 protection in
accordance with the requirements of Sections 
12 203 and 217 is
presented to the court, the court shall 
13 examine petitioner on oath or
affirmation. An emergency 
14 order of protection shall be issued by the court
if it 
15 appears from the contents of the petition and the 
16 examination of
petitioner that the averments are 
17 sufficient to indicate abuse by
respondent and to support 
18 the granting of relief under the issuance of the
emergency 
19 order of protection.


20  (5) Never married parties. No rights or 
21 responsibilities for a minor
child born outside of marriage 
22 attach to a putative father until a father and
child 
23 relationship has been established under the Illinois 
24 Parentage Act of
1984, the Illinois Public Aid Code, 
25 Section 12 of the Vital Records Act, the
Juvenile Court Act 
26 of 1987, the Probate Act of 1985, the Revised Uniform

 
 
09800HB4860ham001- 39 -LRB098 16479 RLC 58241 a


1 Reciprocal Enforcement of Support Act, the Uniform 
2 Interstate Family Support
Act, the Expedited Child Support 
3 Act of 1990, any judicial, administrative, or
other act of 
4 another state or territory, any other Illinois statute, or 
5 by any
foreign nation establishing the father and child 
6 relationship, any other
proceeding substantially in 
7 conformity with the Personal Responsibility and
Work 
8 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), 
9 or where both
parties appeared in open court or at an 
10 administrative hearing acknowledging
under
oath or 
11 admitting by affirmation the existence of a father and 
12 child
relationship.
Absent such an adjudication, finding, 
13 or acknowledgement, no putative
father shall be granted

14 temporary custody of the minor child, visitation with the 
15 minor child, or
physical care and possession of the minor 
16 child, nor shall an order of payment
for support of the 
17 minor child be entered.

18 (d) Balance of hardships; findings. If the court finds that 
19the balance
of hardships does not support the granting of a 
20remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
21subsection (b) of this Section,
which may require such 
22balancing, the court's findings shall so
indicate and shall 
23include a finding as to whether granting the remedy will
result 
24in hardship to respondent that would substantially outweigh the 
25hardship
to petitioner from denial of the remedy. The findings 
26shall be an official
record or in writing.

 
 
09800HB4860ham001- 40 -LRB098 16479 RLC 58241 a


1 (e) Denial of remedies. Denial of any remedy shall not be 
2based, in
whole or in part, on evidence that:


3  (1) Respondent has cause for any use of force, unless 
4 that cause
satisfies the standards for justifiable use of 
5 force provided by Article
7 of the Criminal Code of 2012;


6  (2) Respondent was voluntarily intoxicated;


7  (3) Petitioner acted in self-defense or defense of 
8 another, provided
that, if petitioner utilized force, such 
9 force was justifiable under
Article 7 of the Criminal Code 
10 of 2012; 


11  (4) Petitioner did not act in self-defense or defense 
12 of another;


13  (5) Petitioner left the residence or household to avoid 
14 further abuse,
neglect, or exploitation by respondent;


15  (6) Petitioner did not leave the residence or household 
16 to avoid further
abuse, neglect, or exploitation by 
17 respondent;


18  (7) Conduct by any family or household member excused 
19 the abuse,
neglect, or exploitation by respondent, unless 
20 that same conduct would have
excused such abuse, neglect, 
21 or exploitation if the parties had not been
family or 
22 household members.

23(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; 
2497-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; 
2597-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)


 
 
09800HB4860ham001- 41 -LRB098 16479 RLC 58241 a


1 Section 20. The Law Enforcement Disposition of Property Act 
2is amended by changing Section 2 as follows:




3 (765 ILCS 1030/2) (from Ch. 141, par. 142)



4 Sec. 2. 
(a) Such property believed to be abandoned, lost or 
5stolen or otherwise
illegally possessed shall be retained in 
6custody by the sheriff, chief of
police or other principal 
7official of the law enforcement agency, which
shall make 
8reasonable inquiry and efforts to identify and notify the owner

9or other person entitled to possession thereof, and shall 
10return the
property after such person provides reasonable and 
11satisfactory proof of
his ownership or right to possession and 
12reimburses the agency for all
reasonable expenses of such 
13custody.

14 (b) Weapons that have been confiscated as a result of 
15having been
abandoned or illegally possessed may be
sold at 
16public auction under Section 3 of this Act; or transferred to 
17the Department of State Police for use by the crime
laboratory 
18system, for training purposes, or for any other application as

19deemed appropriate by the Department, if no legitimate
claim is

20made for the confiscated weapon within 6 months of the date of

21confiscation, or within 6 months of final court disposition if 
22such
confiscated weapon was used for evidentiary purposes.

23(Source: P.A. 85-632.)".