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1 | AN ACT concerning domestic violence.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | |||||||||||||||||||||||||||||||||
5 | amended by changing Sections 112A-3, 112A-4, 112A-4.5, 112A-5, | |||||||||||||||||||||||||||||||||
6 | 115-7.4, and 115-20 as follows:
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7 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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8 | Sec. 112A-3. Definitions. | |||||||||||||||||||||||||||||||||
9 | (a) In this Article: | |||||||||||||||||||||||||||||||||
10 | "Advocate" means a person whose communications with the | |||||||||||||||||||||||||||||||||
11 | victim are privileged under Section 8-802.1 or 8-802.2 of the | |||||||||||||||||||||||||||||||||
12 | Code of Civil Procedure or Section 227 of the Illinois Domestic | |||||||||||||||||||||||||||||||||
13 | Violence Act of 1986. | |||||||||||||||||||||||||||||||||
14 | "Named victim" means the person named as the victim in the | |||||||||||||||||||||||||||||||||
15 | delinquency petition or criminal prosecution. | |||||||||||||||||||||||||||||||||
16 | "Protective order" means a domestic violence order of | |||||||||||||||||||||||||||||||||
17 | protection, a civil no contact order, or a stalking no contact | |||||||||||||||||||||||||||||||||
18 | order.
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19 | (b) For the purposes of domestic violence cases, the | |||||||||||||||||||||||||||||||||
20 | following terms shall have the following meanings in this | |||||||||||||||||||||||||||||||||
21 | Article: | |||||||||||||||||||||||||||||||||
22 | (1) "Abuse" means physical abuse, harassment, | |||||||||||||||||||||||||||||||||
23 | intimidation of a
dependent, interference with personal |
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| |||||||
1 | liberty or willful deprivation but
does not include | ||||||
2 | reasonable direction of a minor child by a parent or
person | ||||||
3 | in loco parentis.
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4 | (2) "Domestic violence" means abuse as described in | ||||||
5 | paragraph (1) of this subsection (b) by a family or | ||||||
6 | household member or by a present or prior dating or sexual | ||||||
7 | partner .
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8 | (2.1) "Dating or sexual partner" means a present or | ||||||
9 | prior partner in a dating, sexual, or engagement | ||||||
10 | relationship, irrespective of the duration, seriousness, | ||||||
11 | intimacy, or romantic focus of the courtship or | ||||||
12 | relationship. | ||||||
13 | (3) "Family or household members" include spouses, | ||||||
14 | former spouses,
present or prior parties to a civil union, | ||||||
15 | parents, children, stepchildren, and other persons related | ||||||
16 | by blood or
by present or prior marriage, persons who share | ||||||
17 | or formerly shared a
common dwelling, persons who have or | ||||||
18 | allegedly have a child in common, persons
who share or | ||||||
19 | allegedly share a blood relationship through a child, | ||||||
20 | persons who
have or have had a dating or engagement | ||||||
21 | relationship, persons with disabilities
and their personal | ||||||
22 | assistants, and caregivers as defined in subsection (e) of | ||||||
23 | Section 12-4.4a of the Criminal Code of 2012.
For purposes | ||||||
24 | of this paragraph (3), neither a casual acquaintanceship | ||||||
25 | nor
ordinary fraternization between 2 individuals in | ||||||
26 | business or social
contexts shall be deemed to constitute a |
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| |||||||
1 | dating relationship.
| ||||||
2 | (4) "Harassment" means knowing conduct which
is not | ||||||
3 | necessary to accomplish a purpose which is reasonable under | ||||||
4 | the
circumstances; would cause a reasonable person | ||||||
5 | emotional distress; and
does cause emotional distress to | ||||||
6 | the petitioner.
Unless the presumption is rebutted by a | ||||||
7 | preponderance of the evidence, the
following types of | ||||||
8 | conduct shall be presumed to cause emotional distress:
| ||||||
9 | (i) creating a disturbance at petitioner's place | ||||||
10 | of employment or school;
| ||||||
11 | (ii) repeatedly telephoning petitioner's place of | ||||||
12 | employment, home or
residence;
| ||||||
13 | (iii) repeatedly following petitioner about in a | ||||||
14 | public place or places;
| ||||||
15 | (iv) repeatedly keeping petitioner under | ||||||
16 | surveillance by remaining
present outside his or her | ||||||
17 | home, school, place of employment, vehicle or
other | ||||||
18 | place occupied by petitioner or by peering in | ||||||
19 | petitioner's windows;
| ||||||
20 | (v) improperly concealing a minor child from | ||||||
21 | petitioner, repeatedly
threatening to improperly | ||||||
22 | remove a minor child of petitioner's from the
| ||||||
23 | jurisdiction or from the physical care of petitioner, | ||||||
24 | repeatedly threatening to
conceal a minor child from | ||||||
25 | petitioner, or making a single such threat following
an | ||||||
26 | actual or attempted improper removal or concealment, |
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1 | unless respondent was
fleeing from an incident or | ||||||
2 | pattern of domestic violence; or
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3 | (vi) threatening physical force, confinement or | ||||||
4 | restraint on one or more
occasions.
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5 | (5) "Interference with personal liberty" means | ||||||
6 | committing or threatening
physical abuse, harassment, | ||||||
7 | intimidation or willful deprivation so as to
compel another | ||||||
8 | to engage in conduct from which she or he has a right to
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9 | abstain or to refrain from conduct
in which she or he has a | ||||||
10 | right to engage.
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11 | (6) "Intimidation of a dependent" means subjecting a | ||||||
12 | person who is
dependent because of age, health, or | ||||||
13 | disability to participation in or the
witnessing of: | ||||||
14 | physical force against another or physical confinement or
| ||||||
15 | restraint of another which constitutes physical abuse as | ||||||
16 | defined in this
Article, regardless of whether the abused | ||||||
17 | person is a family or household member.
| ||||||
18 | (7) "Order of protection" or "domestic violence order | ||||||
19 | of protection" means an ex parte or final order, granted | ||||||
20 | pursuant to this Article, which includes any or all
of the | ||||||
21 | remedies authorized by Section 112A-14 of this Code.
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22 | (8) "Petitioner" may mean not only any named petitioner | ||||||
23 | for the domestic violence order of
protection and any named | ||||||
24 | victim of abuse on whose behalf the petition
is brought, | ||||||
25 | but also any other person protected by this Article.
| ||||||
26 | (9) "Physical abuse" includes sexual abuse and means |
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1 | any of the following:
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2 | (i) knowing or reckless use of physical force, | ||||||
3 | confinement or restraint;
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4 | (ii) knowing, repeated and unnecessary sleep | ||||||
5 | deprivation; or
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6 | (iii) knowing or reckless conduct which creates an | ||||||
7 | immediate
risk of physical harm.
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8 | (9.3) "Respondent" in a petition for a domestic | ||||||
9 | violence order of protection means the defendant. | ||||||
10 | (9.5) "Stay away" means for the respondent to refrain | ||||||
11 | from both physical presence and nonphysical contact with | ||||||
12 | the petitioner whether direct, indirect (including, but | ||||||
13 | not limited to, telephone calls, mail, email, faxes, and | ||||||
14 | written notes), or through third parties who may or may not | ||||||
15 | know about the domestic violence order of protection.
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16 | (10) "Willful deprivation" means wilfully denying a | ||||||
17 | person who because of
age, health or disability requires | ||||||
18 | medication, medical care, shelter,
accessible shelter or | ||||||
19 | services, food, therapeutic device, or other physical
| ||||||
20 | assistance, and thereby exposing that person to the risk of | ||||||
21 | physical, mental or
emotional harm, except with regard to | ||||||
22 | medical care and treatment when such
dependent person has | ||||||
23 | expressed the intent to forgo such medical care or
| ||||||
24 | treatment. This paragraph (10) does not create any new | ||||||
25 | affirmative duty to provide
support to dependent persons.
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26 | (c) For the purposes of cases involving sexual offenses, |
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1 | the following terms shall have the following meanings in this | ||||||
2 | Article: | ||||||
3 | (1) "Civil no contact order" means an ex parte or final | ||||||
4 | order granted under this Article, which includes a remedy | ||||||
5 | authorized by Section 112A-14.5 of this Code. | ||||||
6 | (2) "Family or household members" include spouses, | ||||||
7 | parents, children, stepchildren, and persons who share a | ||||||
8 | common dwelling. | ||||||
9 | (3) "Non-consensual" means a lack of freely given | ||||||
10 | agreement. | ||||||
11 | (4) "Petitioner" means not only any named petitioner | ||||||
12 | for the civil no contact order and any named victim of | ||||||
13 | non-consensual sexual conduct or non-consensual sexual | ||||||
14 | penetration on whose behalf the petition is brought, but | ||||||
15 | includes any other person sought to be protected under this | ||||||
16 | Article. | ||||||
17 | (5) "Respondent" in a petition for a civil no contact | ||||||
18 | order means the defendant. | ||||||
19 | (6) "Sexual conduct" means any intentional or knowing | ||||||
20 | touching or fondling by the petitioner or the respondent, | ||||||
21 | either directly or through clothing, of the sex organs, | ||||||
22 | anus, or breast of the petitioner or the respondent, or any | ||||||
23 | part of the body of a child under 13 years of age, or any | ||||||
24 | transfer or transmission of semen by the respondent upon | ||||||
25 | any part of the clothed or unclothed body of the | ||||||
26 | petitioner, for the purpose of sexual gratification or |
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| |||||||
1 | arousal of the petitioner or the respondent. | ||||||
2 | (7) "Sexual penetration" means any contact, however | ||||||
3 | slight, between the sex organ or anus of one person by an | ||||||
4 | object, the sex organ, mouth or anus of another person, or | ||||||
5 | any intrusion, however slight, of any part of the body of | ||||||
6 | one person or of any animal or object into the sex organ or | ||||||
7 | anus of another person, including, but not limited to, | ||||||
8 | cunnilingus, fellatio, or anal penetration. Evidence of | ||||||
9 | emission of semen is not required to prove sexual | ||||||
10 | penetration. | ||||||
11 | (8) "Stay away" means to refrain from both physical | ||||||
12 | presence and nonphysical contact with the petitioner | ||||||
13 | directly, indirectly, or through third parties who may or | ||||||
14 | may not know of the order. "Nonphysical contact" includes, | ||||||
15 | but is not limited to, telephone calls, mail, e-mail, fax, | ||||||
16 | and written notes. | ||||||
17 | (d) For the purposes of cases involving stalking offenses, | ||||||
18 | the following terms shall have the following meanings in this | ||||||
19 | Article: | ||||||
20 | (1) "Course of conduct" means 2 or more acts, | ||||||
21 | including, but not limited to, acts in which a respondent | ||||||
22 | directly, indirectly, or through third parties, by any | ||||||
23 | action, method, device, or means follows, monitors, | ||||||
24 | observes, surveils, threatens, or communicates to or | ||||||
25 | about, a person, engages in other contact, or interferes | ||||||
26 | with or damages a person's property or pet. A course of |
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1 | conduct may include contact via electronic communications. | ||||||
2 | The incarceration of a person in a penal institution who | ||||||
3 | commits the course of conduct is not a bar to prosecution. | ||||||
4 | (2) "Emotional distress" means significant mental | ||||||
5 | suffering, anxiety, or alarm. | ||||||
6 | (3) "Contact" includes any contact with the victim, | ||||||
7 | that is initiated or continued without the victim's | ||||||
8 | consent, or that is in disregard of the victim's expressed | ||||||
9 | desire that the contact be avoided or discontinued, | ||||||
10 | including, but not limited to, being in the physical | ||||||
11 | presence of the victim; appearing within the sight of the | ||||||
12 | victim; approaching or confronting the victim in a public | ||||||
13 | place or on private property; appearing at the workplace or | ||||||
14 | residence of the victim; entering onto or remaining on | ||||||
15 | property owned, leased, or occupied by the victim; or | ||||||
16 | placing an object on, or delivering an object to, property | ||||||
17 | owned, leased, or occupied by the victim. | ||||||
18 | (4) "Petitioner" means any named petitioner for the | ||||||
19 | stalking no contact order or any named victim of stalking | ||||||
20 | on whose behalf the petition is brought. | ||||||
21 | (5) "Reasonable person" means a person in the | ||||||
22 | petitioner's circumstances with the petitioner's knowledge | ||||||
23 | of the respondent and the respondent's prior acts. | ||||||
24 | (6) "Respondent" in a petition for a civil no contact | ||||||
25 | order means the defendant. | ||||||
26 | (7) "Stalking" means engaging in a course of conduct |
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1 | directed at a specific person, and he or she knows or | ||||||
2 | should know that this course of conduct would cause a | ||||||
3 | reasonable person to fear for his or her safety or the | ||||||
4 | safety of a third person or suffer emotional distress. | ||||||
5 | "Stalking" does not include an exercise of the right to | ||||||
6 | free speech or assembly that is otherwise lawful or | ||||||
7 | picketing occurring at the workplace that is otherwise | ||||||
8 | lawful and arises out of a bona fide labor dispute, | ||||||
9 | including any controversy concerning wages, salaries, | ||||||
10 | hours, working conditions or benefits, including health | ||||||
11 | and welfare, sick leave, insurance, and pension or | ||||||
12 | retirement provisions, the making or maintaining of | ||||||
13 | collective bargaining agreements, and the terms to be | ||||||
14 | included in those agreements. | ||||||
15 | (8) "Stalking no contact order" means an ex parte or | ||||||
16 | final order granted under this Article, which includes a | ||||||
17 | remedy authorized by Section 112A-14.7 of this Code. | ||||||
18 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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19 | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
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20 | Sec. 112A-4. Persons protected by this Article.
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21 | (a) The following persons are protected by
this Article in | ||||||
22 | cases involving domestic violence:
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23 | (1) any person abused by a family or household member | ||||||
24 | or by a present or prior dating or sexual partner, or by a | ||||||
25 | present or prior dating or sexual partner of a person |
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1 | related by blood or by a present or prior marriage or civil | ||||||
2 | union ;
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3 | (2) any minor child or dependent adult in the care of
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4 | such person;
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5 | (3) any person residing or employed at a private home | ||||||
6 | or public
shelter which is housing a person an abused by a | ||||||
7 | family or household member or by a present or prior dating | ||||||
8 | or sexual partner ; and | ||||||
9 | (4) any of the following persons if the person is | ||||||
10 | abused by a family or household member or by a present or | ||||||
11 | prior dating or sexual partner of a child: | ||||||
12 | (i) a foster parent of that child if the child has | ||||||
13 | been placed in the foster parent's home by the | ||||||
14 | Department of Children and Family Services or by | ||||||
15 | another state's public child welfare agency; | ||||||
16 | (ii) a legally appointed guardian or legally | ||||||
17 | appointed custodian of that child; | ||||||
18 | (iii) an adoptive parent of that child; or | ||||||
19 | (iv) a prospective adoptive parent of that child if | ||||||
20 | the child has been placed in the prospective adoptive | ||||||
21 | parent's home pursuant to the Adoption Act or pursuant | ||||||
22 | to another state's law. | ||||||
23 | For purposes of this paragraph (a)(4), individuals who | ||||||
24 | would have been considered "family or household members" of | ||||||
25 | the child under paragraph (3) of subsection (b) of Section | ||||||
26 | 112A-3 before a termination of the parental rights with |
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| |||||||
1 | respect to the child continue to meet the definition of | ||||||
2 | "family or household members" of the child.
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3 | (a-5) The following persons are protected by this Article | ||||||
4 | in cases involving sexual offenses: | ||||||
5 | (1) any victim of non-consensual sexual conduct or
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6 | non-consensual sexual penetration on whose behalf the | ||||||
7 | petition is brought; | ||||||
8 | (2) any family or household member of the named
victim; | ||||||
9 | and | ||||||
10 | (3) any employee of or volunteer at a rape crisis | ||||||
11 | center. | ||||||
12 | (a-10) The following persons are protected by this Article | ||||||
13 | in cases involving stalking offenses: | ||||||
14 | (1) any victim of stalking; and | ||||||
15 | (2) any family or household member of the named victim. | ||||||
16 | (b) (Blank).
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17 | (Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19 .)
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18 | (725 ILCS 5/112A-4.5) | ||||||
19 | Sec. 112A-4.5. Who may file petition. | ||||||
20 | (a) A petition for a domestic violence order of protection | ||||||
21 | may be filed: | ||||||
22 | (1) by a named victim
who
has been abused by a family | ||||||
23 | or household member or by a present or prior dating or | ||||||
24 | sexual partner ; | ||||||
25 | (2) by any person or by the State's Attorney on behalf
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| |||||||
1 | of a named victim who is a minor child or an adult who has | ||||||
2 | been
abused by a family or household
member or by a present | ||||||
3 | or prior dating or sexual partner and who, because of age, | ||||||
4 | health, disability, or inaccessibility,
cannot file the | ||||||
5 | petition; | ||||||
6 | (3) by a State's Attorney on behalf of any minor child | ||||||
7 | or dependent adult in the care of the named victim, if the | ||||||
8 | named victim does not file a petition or request the | ||||||
9 | State's Attorney file the petition; or | ||||||
10 | (4) any of the following persons if the person is | ||||||
11 | abused by a family or household member or by a present or | ||||||
12 | prior dating or sexual partner of a child: | ||||||
13 | (i) a foster parent of that child if the child has | ||||||
14 | been placed in the foster parent's home by the | ||||||
15 | Department of Children and Family Services or by | ||||||
16 | another state's public child welfare agency; | ||||||
17 | (ii) a legally appointed guardian or legally | ||||||
18 | appointed custodian of that child; | ||||||
19 | (iii) an adoptive parent of that child; | ||||||
20 | (iv) a prospective adoptive parent of that child if | ||||||
21 | the child has been placed in the prospective adoptive | ||||||
22 | parent's home pursuant to the Adoption Act or pursuant | ||||||
23 | to another state's law. | ||||||
24 | For purposes of this paragraph (a)(4), individuals who | ||||||
25 | would have been considered "family or household members" of the | ||||||
26 | child under paragraph (3) of subsection (b) of Section 112A-3 |
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| |||||||
1 | before a termination of the parental rights with respect to the | ||||||
2 | child continue to meet the definition of "family or household | ||||||
3 | members" of the child. | ||||||
4 | (b) A petition for a civil no contact order may be filed: | ||||||
5 | (1) by any person who is a named victim of | ||||||
6 | non-consensual
sexual conduct or non-consensual sexual | ||||||
7 | penetration, including a single incident of non-consensual | ||||||
8 | sexual conduct or non-consensual sexual penetration; | ||||||
9 | (2) by a person or by the State's Attorney on behalf of | ||||||
10 | a named victim who is a minor child or an
adult who is a | ||||||
11 | victim of non-consensual sexual conduct or non-consensual | ||||||
12 | sexual penetration but, because of age, disability, | ||||||
13 | health, or inaccessibility, cannot file the petition; or | ||||||
14 | (3) by a State's Attorney on behalf of any minor child | ||||||
15 | who is a family or household member of the named victim, if | ||||||
16 | the named victim does not file a petition or request the | ||||||
17 | State's Attorney file the petition. | ||||||
18 | (c) A petition for a stalking no contact order may be | ||||||
19 | filed: | ||||||
20 | (1) by any person who is a named victim of stalking; | ||||||
21 | (2) by a person or by the State's Attorney on behalf of | ||||||
22 | a named victim who is a minor child or an
adult who is a | ||||||
23 | victim of stalking but, because of age, disability, health, | ||||||
24 | or inaccessibility, cannot file the petition; or | ||||||
25 | (3) by a State's Attorney on behalf of any minor child | ||||||
26 | who is a family or household member of the named victim, if |
| |||||||
| |||||||
1 | the named victim does not file a petition or request the | ||||||
2 | State's Attorney file the petition. | ||||||
3 | (d) The State's Attorney shall file a petition on behalf of | ||||||
4 | any person who may file a petition under subsections (a), (b), | ||||||
5 | or (c) of this Section if the person requests the State's | ||||||
6 | Attorney to file a petition on the person's behalf, unless the | ||||||
7 | State's Attorney has a good faith basis to delay filing the | ||||||
8 | petition. The State's Attorney shall inform the person that the | ||||||
9 | State's Attorney will not be filing the petition at that time | ||||||
10 | and that the person may file a petition or may retain an | ||||||
11 | attorney to file the petition. The State's Attorney may file | ||||||
12 | the petition at a later date. | ||||||
13 | (d-5) (1) A person eligible to file a petition under | ||||||
14 | subsection (a), (b), or (c) of this Section may retain an | ||||||
15 | attorney to represent the petitioner on the petitioner's | ||||||
16 | request for a protective order. The attorney's representation | ||||||
17 | is limited to matters related to the petition and relief | ||||||
18 | authorized under this Article. | ||||||
19 | (2) Advocates shall be allowed to accompany the petitioner | ||||||
20 | and confer with the victim, unless otherwise directed by the | ||||||
21 | court. Advocates are not engaged in the unauthorized practice | ||||||
22 | of law when providing assistance to the petitioner. | ||||||
23 | (e) Any petition properly
filed under this Article may seek
| ||||||
24 | protection for any additional persons protected by this | ||||||
25 | Article.
| ||||||
26 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; |
| |||||||
| |||||||
1 | 100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
2 | (725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
| ||||||
3 | Sec. 112A-5. Pleading; non-disclosure of address.
| ||||||
4 | (a) A petition for a protective order shall be filed in | ||||||
5 | conjunction with a delinquency petition or criminal | ||||||
6 | prosecution, or in conjunction with imprisonment or a bond | ||||||
7 | forfeiture warrant, provided the petition names a victim of the | ||||||
8 | alleged crime. The petition may include a request for an ex | ||||||
9 | parte protective order, a final protective order, or both. The | ||||||
10 | petition shall be in writing and verified or accompanied by
| ||||||
11 | affidavit
and shall allege that: | ||||||
12 | (1) petitioner has been abused by respondent, who is a | ||||||
13 | family or household member or by a present or prior dating | ||||||
14 | or sexual partner ; | ||||||
15 | (2) respondent has engaged in non-consensual sexual | ||||||
16 | conduct or non-consensual sexual penetration, including a | ||||||
17 | single incident of non-consensual sexual conduct or | ||||||
18 | non-consensual sexual penetration with petitioner; or | ||||||
19 | (3) petitioner has been stalked by respondent. | ||||||
20 | The petition shall further set forth whether there is any | ||||||
21 | other action between the petitioner and respondent. During the | ||||||
22 | pendency of this proceeding, the petitioner and respondent have | ||||||
23 | a continuing duty to inform the court of any subsequent | ||||||
24 | proceeding for a protective order in this State or any other | ||||||
25 | state. |
| |||||||
| |||||||
1 | (a-5) The petition shall indicate whether an ex parte | ||||||
2 | protective order, a protective order, or both are requested. If | ||||||
3 | the respondent receives notice of a petition for a final | ||||||
4 | protective order and the respondent requests a continuance to | ||||||
5 | respond to the petition, the petitioner may, either orally or | ||||||
6 | in writing, request an ex parte order.
| ||||||
7 | (b) The petitioner shall not be required to disclose the | ||||||
8 | petitioner's address. If the petition states that disclosure of | ||||||
9 | petitioner's
address would risk abuse to or endanger the safety | ||||||
10 | of petitioner or any member of petitioner's
family or household
| ||||||
11 | or reveal the confidential address of a shelter for domestic | ||||||
12 | violence victims,
that address may be omitted from all | ||||||
13 | documents filed with the court.
| ||||||
14 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
15 | (725 ILCS 5/115-7.4) | ||||||
16 | Sec. 115-7.4. Evidence in domestic violence cases. | ||||||
17 | (a) In a criminal prosecution in which the defendant is | ||||||
18 | accused of an offense of domestic violence as defined in | ||||||
19 | Section 112A-3 of this Act or paragraphs (1) and (3) of Section | ||||||
20 | 103 of the Illinois Domestic Violence Act of 1986, or first | ||||||
21 | degree murder or second degree murder when the commission of | ||||||
22 | the offense involves domestic violence, evidence of the | ||||||
23 | defendant's commission of another offense or offenses of | ||||||
24 | domestic violence is admissible, and may be considered for its | ||||||
25 | bearing on any matter to which it is relevant. |
| |||||||
| |||||||
1 | (b) In weighing the probative value of the evidence against | ||||||
2 | undue prejudice to the defendant, the court may consider: | ||||||
3 | (1) the proximity in time to the charged or predicate | ||||||
4 | offense; | ||||||
5 | (2) the degree of factual similarity to the charged or | ||||||
6 | predicate offense; or | ||||||
7 | (3) other relevant facts and circumstances. | ||||||
8 | (c) In a criminal case in which the prosecution intends to | ||||||
9 | offer evidence under this Section, it must disclose the | ||||||
10 | evidence, including statements of witnesses or a summary of the | ||||||
11 | substance of any testimony, at a reasonable time in advance of | ||||||
12 | trial, or during trial if the court excuses pretrial notice on | ||||||
13 | good cause shown. | ||||||
14 | (d) In a criminal case in which evidence is offered under | ||||||
15 | this Section, proof may be made by specific instances of | ||||||
16 | conduct, testimony as to reputation, or testimony in the form | ||||||
17 | of an expert opinion, except that the prosecution may offer | ||||||
18 | reputation testimony only after the opposing party has offered | ||||||
19 | that testimony.
| ||||||
20 | (Source: P.A. 97-1036, eff. 8-20-12.)
| ||||||
21 | (725 ILCS 5/115-20)
| ||||||
22 | Sec. 115-20. Evidence of prior conviction.
| ||||||
23 | (a) Evidence of a prior conviction
of a defendant for | ||||||
24 | domestic battery, aggravated battery committed against a
| ||||||
25 | family or household member or a present or prior dating or |
| |||||||
| |||||||
1 | sexual partner as defined in Section 112A-3, stalking, | ||||||
2 | aggravated
stalking, or violation of an order of protection is | ||||||
3 | admissible in a later
criminal prosecution for any of these | ||||||
4 | types of offenses when the victim is the
same person who was | ||||||
5 | the victim of the previous offense that resulted in
conviction | ||||||
6 | of the defendant.
| ||||||
7 | (b) If the defendant is accused of an offense set forth in
| ||||||
8 | subsection (a) or the defendant is tried or retried for any of | ||||||
9 | the
offenses set forth in subsection (a), evidence of the
| ||||||
10 | defendant's conviction for another offense or offenses set | ||||||
11 | forth in
subsection (a)
may be admissible (if that evidence is | ||||||
12 | otherwise
admissible under the rules of evidence) and may be | ||||||
13 | considered for its bearing
on any matter to which it is | ||||||
14 | relevant if the victim is the same person who
was the victim of | ||||||
15 | the previous offense that resulted in conviction of the
| ||||||
16 | defendant.
| ||||||
17 | (c) In weighing the probative value of the evidence against | ||||||
18 | undue
prejudice to the defendant, the court may consider:
| ||||||
19 | (1) the proximity in time to the charged or predicate | ||||||
20 | offense;
| ||||||
21 | (2) the degree of factual similarity to the charged or | ||||||
22 | predicate offense;
or
| ||||||
23 | (3) other relevant facts and circumstances.
| ||||||
24 | (d) In a criminal case in which the prosecution intends to | ||||||
25 | offer evidence
under this Section, it must disclose the | ||||||
26 | evidence, including statements of
witnesses or a summary of the |
| |||||||
| |||||||
1 | substance of any testimony, at a reasonable time
in advance of | ||||||
2 | trial, or during trial if the court excuses pretrial notice on
| ||||||
3 | good cause shown.
| ||||||
4 | (e) In a criminal case in which evidence is offered under | ||||||
5 | this Section,
proof may be made by specific instances of | ||||||
6 | conduct as evidenced by proof of
conviction, testimony as to | ||||||
7 | reputation,
or testimony in the form of an expert opinion, | ||||||
8 | except that the prosecution may
offer
reputation testimony only | ||||||
9 | after the opposing party has offered that
testimony.
| ||||||
10 | (Source: P.A. 90-387, eff. 1-1-98.)
| ||||||
11 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
12 | amended by changing Sections 103 and 201 as follows:
| ||||||
13 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||||||
14 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
15 | following
terms shall have the following meanings:
| ||||||
16 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
17 | of a dependent,
interference with personal liberty or willful | ||||||
18 | deprivation but does not include
reasonable direction of a | ||||||
19 | minor child by a parent or person in loco parentis.
| ||||||
20 | (2) "Adult with disabilities" means an elder adult with | ||||||
21 | disabilities
or a high-risk adult with disabilities. A person | ||||||
22 | may be an adult with
disabilities for purposes of this Act even | ||||||
23 | though he or she has never been
adjudicated an incompetent | ||||||
24 | adult. However, no court proceeding may be
initiated or |
| |||||||
| |||||||
1 | continued on
behalf of an adult with disabilities over that | ||||||
2 | adult's objection, unless such
proceeding is approved by his or | ||||||
3 | her legal guardian, if any.
| ||||||
4 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
5 | (1) by a family or household member or by a present or prior | ||||||
6 | dating or sexual partner .
| ||||||
7 | (4) "Elder adult with disabilities" means an adult | ||||||
8 | prevented by
advanced age from taking appropriate action to | ||||||
9 | protect himself or herself
from abuse by a family or household | ||||||
10 | member or by a present or prior dating or sexual partner .
| ||||||
11 | (5) "Exploitation" means the illegal, including tortious, | ||||||
12 | use of a
high-risk adult with disabilities or of the assets or | ||||||
13 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
14 | includes, but is not
limited to, the misappropriation of assets | ||||||
15 | or resources of a high-risk
adult with disabilities by undue | ||||||
16 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
17 | deception, or extortion, or the use of such assets or
resources | ||||||
18 | in a manner contrary to law.
| ||||||
19 | (6) "Family or household members" include spouses, former | ||||||
20 | spouses,
present or prior parties to a civil union, parents, | ||||||
21 | children, stepchildren and other persons related by blood or
by | ||||||
22 | present or prior marriage or civil union , persons
who share or | ||||||
23 | formerly shared a common dwelling, persons who have or
| ||||||
24 | allegedly have a child in common, persons who share or | ||||||
25 | allegedly share a
blood relationship through a child, persons | ||||||
26 | who have or have had a dating
or engagement relationship, |
| |||||||
| |||||||
1 | persons with disabilities and their
personal assistants, and | ||||||
2 | caregivers as defined in Section 12-4.4a of the Criminal Code | ||||||
3 | of 2012.
For purposes of this paragraph, neither a casual | ||||||
4 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
5 | individuals in business or social
contexts shall be deemed to | ||||||
6 | constitute a dating relationship.
In the case of a high-risk | ||||||
7 | adult with
disabilities, "family or household members" | ||||||
8 | includes any person
who has the responsibility for a high-risk | ||||||
9 | adult as a result of a family
relationship or who has assumed | ||||||
10 | responsibility for all or a portion of the
care of a high-risk | ||||||
11 | adult with disabilities voluntarily, or by express or
implied | ||||||
12 | contract, or by court order.
| ||||||
13 | (7) "Harassment" means knowing conduct which
is not | ||||||
14 | necessary to accomplish a purpose that is reasonable under the
| ||||||
15 | circumstances; would cause a reasonable person emotional | ||||||
16 | distress; and
does cause emotional distress to the petitioner.
| ||||||
17 | Unless the presumption is rebutted by a preponderance of the | ||||||
18 | evidence, the
following types of conduct shall be
presumed to | ||||||
19 | cause emotional distress:
| ||||||
20 | (i) creating a disturbance at petitioner's place of | ||||||
21 | employment or school;
| ||||||
22 | (ii) repeatedly telephoning petitioner's place of | ||||||
23 | employment, home or residence;
| ||||||
24 | (iii) repeatedly following petitioner about in a | ||||||
25 | public place or places;
| ||||||
26 | (iv) repeatedly keeping petitioner under surveillance |
| |||||||
| |||||||
1 | by remaining
present outside his or her
home, school, place | ||||||
2 | of employment, vehicle or other place occupied by
| ||||||
3 | petitioner or by peering in petitioner's windows;
| ||||||
4 | (v) improperly concealing a minor child from | ||||||
5 | petitioner, repeatedly
threatening to improperly remove a | ||||||
6 | minor child of petitioner's from
the jurisdiction or from | ||||||
7 | the physical care of petitioner,
repeatedly threatening to | ||||||
8 | conceal a minor
child from petitioner, or making
a single | ||||||
9 | such
threat following an actual or attempted improper | ||||||
10 | removal or concealment,
unless respondent was fleeing an | ||||||
11 | incident or pattern of domestic violence; or
| ||||||
12 | (vi) threatening physical force, confinement or | ||||||
13 | restraint on one or more occasions.
| ||||||
14 | (8) "High-risk adult with disabilities" means a person aged | ||||||
15 | 18 or over
whose physical or mental disability impairs his or | ||||||
16 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
17 | or exploitation.
| ||||||
18 | (9) "Interference with personal liberty" means committing | ||||||
19 | or
threatening physical abuse, harassment, intimidation or
| ||||||
20 | willful deprivation so as to
compel another to
engage in | ||||||
21 | conduct from which she or he has a right to abstain or to | ||||||
22 | refrain from conduct
in which she or he has a right to engage.
| ||||||
23 | (10) "Intimidation of a dependent" means subjecting a | ||||||
24 | person
who is dependent
because of
age, health or disability to | ||||||
25 | participation in or the witnessing of: physical force
against | ||||||
26 | another or physical confinement or restraint of another which
|
| |||||||
| |||||||
1 | constitutes physical abuse as defined in this Act, regardless | ||||||
2 | of whether the
abused person is a family or household member.
| ||||||
3 | (11) (A) "Neglect" means the failure to exercise that | ||||||
4 | degree of care
toward a high-risk adult with disabilities which | ||||||
5 | a reasonable person would
exercise under the circumstances and | ||||||
6 | includes but is not limited to:
| ||||||
7 | (i) the failure to take reasonable steps to protect a | ||||||
8 | high-risk adult
with disabilities from acts of abuse;
| ||||||
9 | (ii) the repeated, careless imposition of unreasonable | ||||||
10 | confinement;
| ||||||
11 | (iii) the failure to provide food, shelter, clothing, | ||||||
12 | and personal
hygiene to a high-risk adult with disabilities | ||||||
13 | who requires such assistance;
| ||||||
14 | (iv) the failure to provide medical and rehabilitative | ||||||
15 | care for the
physical and mental health needs of a | ||||||
16 | high-risk adult with disabilities; or
| ||||||
17 | (v) the failure to protect a high-risk adult with | ||||||
18 | disabilities from
health and safety hazards.
| ||||||
19 | (B) Nothing in this subsection (10) shall be construed to | ||||||
20 | impose a requirement that
assistance be provided to a high-risk | ||||||
21 | adult with disabilities over his or
her objection in the | ||||||
22 | absence of a court order, nor to create any new
affirmative | ||||||
23 | duty to provide support to a high-risk adult with disabilities.
| ||||||
24 | (12) "Order of protection" means an emergency order, | ||||||
25 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
26 | which includes any or
all of the remedies authorized by Section |
| |||||||
| |||||||
1 | 214 of this Act.
| ||||||
2 | (13) "Petitioner" may mean not only any named petitioner | ||||||
3 | for the order of
protection and any named victim of abuse on | ||||||
4 | whose behalf the petition
is brought, but also any other person | ||||||
5 | protected by this Act.
| ||||||
6 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
7 | of the following:
| ||||||
8 | (i) knowing or reckless use of physical force, | ||||||
9 | confinement or restraint;
| ||||||
10 | (ii) knowing, repeated and unnecessary sleep | ||||||
11 | deprivation; or
| ||||||
12 | (iii) knowing or reckless conduct which creates an | ||||||
13 | immediate
risk of physical harm.
| ||||||
14 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
15 | both physical presence and nonphysical contact with the | ||||||
16 | petitioner whether direct, indirect (including, but not | ||||||
17 | limited to, telephone calls, mail, email, faxes, and written | ||||||
18 | notes), or through third parties who may or may not know about | ||||||
19 | the order of protection.
| ||||||
20 | (15) "Willful deprivation" means wilfully denying a person | ||||||
21 | who
because of age, health or disability requires medication,
| ||||||
22 | medical care, shelter, accessible shelter or services, food,
| ||||||
23 | therapeutic device, or other physical
assistance, and thereby | ||||||
24 | exposing that person to the risk of physical,
mental or | ||||||
25 | emotional harm, except with regard to medical care or treatment
| ||||||
26 | when the dependent person has expressed an intent to forgo such |
| |||||||
| |||||||
1 | medical
care or treatment. This paragraph does not
create any | ||||||
2 | new affirmative duty to provide support to dependent persons.
| ||||||
3 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
4 | (750 ILCS 60/201) (from Ch. 40, par. 2312-1)
| ||||||
5 | Sec. 201. Persons protected by this Act.
| ||||||
6 | (a) The following persons are protected by this Act:
| ||||||
7 | (i) any person abused by a family or household member | ||||||
8 | or by a present or prior dating or sexual partner, or by a | ||||||
9 | present or prior dating or sexual partner of a person | ||||||
10 | related by blood or by a present or prior marriage or civil | ||||||
11 | union ;
| ||||||
12 | (ii) any high-risk adult with disabilities who is | ||||||
13 | abused, neglected,
or exploited by a family or household | ||||||
14 | member or by a present or prior dating or sexual partner ;
| ||||||
15 | (iii) any minor child or dependent adult in the care of | ||||||
16 | such person;
| ||||||
17 | (iv) any person residing or employed at a private home | ||||||
18 | or public
shelter which is housing a person an abused by a | ||||||
19 | family or household member or by a present or prior dating | ||||||
20 | or sexual partner ; and
| ||||||
21 | (v) any of the following persons if the person is | ||||||
22 | abused by a family or household member or a present or | ||||||
23 | prior dating or sexual partner of a child: | ||||||
24 | (A) a foster parent of that child if the child has | ||||||
25 | been placed in the foster parent's home by the |
| |||||||
| |||||||
1 | Department of Children and Family Services or by | ||||||
2 | another state's public child welfare agency; | ||||||
3 | (B) a legally appointed guardian or legally | ||||||
4 | appointed custodian of that child; | ||||||
5 | (C) an adoptive parent of that child; or | ||||||
6 | (D) a prospective adoptive parent of that child if | ||||||
7 | the child has been placed in the prospective adoptive | ||||||
8 | parent's home pursuant to the Adoption Act or pursuant | ||||||
9 | to another state's law. | ||||||
10 | For purposes of this paragraph (a)(v), individuals who | ||||||
11 | would have been considered "family or household members" of | ||||||
12 | the child under subsection (6) of Section 103 of this Act | ||||||
13 | before a termination of the parental rights with respect to | ||||||
14 | the child continue to meet the definition of "family or | ||||||
15 | household members" of the child. | ||||||
16 | (b) A petition for an order of protection may be filed
| ||||||
17 | only: | ||||||
18 | (i) by a person who
has been abused by a family or | ||||||
19 | household member or by a present or prior dating or sexual | ||||||
20 | partner, or by any person on behalf
of a minor child or an | ||||||
21 | adult who has been
abused by a
family or household
member | ||||||
22 | or by a present or prior dating or sexual partner and who, | ||||||
23 | because of age, health, disability, or inaccessibility,
| ||||||
24 | cannot
file the petition; | ||||||
25 | (ii) by any person on behalf of a high-risk adult with
| ||||||
26 | disabilities who has been abused, neglected, or exploited |
| |||||||
| |||||||
1 | by a family or
household member or by a present or prior | ||||||
2 | dating or sexual partner ; or | ||||||
3 | (iii) any of the following persons if the person is | ||||||
4 | abused by a family or household member or by a present or | ||||||
5 | prior dating or sexual partner of a child: | ||||||
6 | (A) a foster parent of that child if the child has | ||||||
7 | been placed in the foster parent's home by the | ||||||
8 | Department of Children and Family Services or by | ||||||
9 | another state's public child welfare agency; | ||||||
10 | (B) a legally appointed guardian or legally | ||||||
11 | appointed custodian of that child; | ||||||
12 | (C) an adoptive parent of that child; | ||||||
13 | (D) a prospective adoptive parent of that child if | ||||||
14 | the child has been placed in the prospective adoptive | ||||||
15 | parent's home pursuant to the Adoption Act or pursuant | ||||||
16 | to another state's law. | ||||||
17 | For purposes of this paragraph (b)(iii), individuals | ||||||
18 | who would have been considered "family or household | ||||||
19 | members" of the child under subsection (6) of Section 103 | ||||||
20 | of this Act before a termination of the parental rights | ||||||
21 | with respect to the child continue to meet the definition | ||||||
22 | of "family or household members" of the child. | ||||||
23 | (c) Any petition properly filed under this Act may seek
| ||||||
24 | protection for any additional persons protected by this Act.
| ||||||
25 | (d) For purposes of this Act, "dating or sexual partner" | ||||||
26 | means a present or prior partner in a dating, sexual, or |
| |||||||
| |||||||
1 | engagement relationship, irrespective of the duration, | ||||||
2 | seriousness, intimacy, or romantic focus of the courtship or | ||||||
3 | relationship. | ||||||
4 | (Source: P.A. 100-639, eff. 1-1-19 .)
|