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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1039 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
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Amends the Civil No Contact Order Act. Makes a technical change to a Section
concerning definitions.
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| | A BILL FOR |
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| | HB1039 | | LRB102 03052 LNS 13065 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Civil No Contact Order Act is amended by |
| 5 | | changing Section 103 as follows:
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| 6 | | (740 ILCS 22/103)
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| 7 | | Sec. 103. Definitions. As used in this Act:
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| 8 | | "Civil no contact order" means an emergency order or |
| 9 | | plenary order
granted under this Act, which includes a remedy |
| 10 | | authorized by Section 213
of this Act.
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| 11 | | "Family or household members" include spouses, parents, |
| 12 | | children, stepchildren, and
and persons who share a common |
| 13 | | dwelling. |
| 14 | | "Non-consensual" means a lack of freely given agreement.
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| 15 | | "Petitioner" may mean not only any named petitioner for |
| 16 | | the civil no contact order and any named victim of |
| 17 | | non-consensual sexual conduct or non-consensual sexual |
| 18 | | penetration on whose behalf the petition is brought, but also |
| 19 | | any other person sought to be protected by this Act. |
| 20 | | "Respondent" in a petition for a civil no contact order |
| 21 | | may mean not only the person alleged to have committed an act |
| 22 | | of non-consensual sexual conduct or non-consensual sexual |
| 23 | | penetration against the petitioner, but also any other named |
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| | HB1039 | - 2 - | LRB102 03052 LNS 13065 b |
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| 1 | | person alleged to have aided and abetted such an act of |
| 2 | | non-consensual sexual conduct or non-consensual sexual |
| 3 | | penetration.
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| 4 | | "Sexual conduct" means any intentional or knowing touching |
| 5 | | or
fondling by the petitioner or the respondent, either |
| 6 | | directly or through
clothing, of the sex organs, anus, or |
| 7 | | breast of the petitioner or the
respondent, or any part of the |
| 8 | | body of a child under 13 years of age, or
any transfer or |
| 9 | | transmission of semen by the respondent upon any part of
the |
| 10 | | clothed or unclothed body of the petitioner, for the purpose |
| 11 | | of sexual
gratification or arousal of the petitioner or the |
| 12 | | respondent.
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| 13 | | "Sexual penetration" means any contact, however slight, |
| 14 | | between
the sex organ or anus of one person by an object, the |
| 15 | | sex organ, mouth
or anus of another person, or any intrusion, |
| 16 | | however slight, of any part
of the body of one person or of any |
| 17 | | animal or object into the sex organ
or anus of another person, |
| 18 | | including but not limited to cunnilingus,
fellatio or anal |
| 19 | | penetration. Evidence of emission of semen is not
required to |
| 20 | | prove sexual penetration.
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| 21 | | "Stay away" means to refrain from both physical presence |
| 22 | | and nonphysical contact with the petitioner directly, |
| 23 | | indirectly, or through third parties who may or may not know of |
| 24 | | the order. "Nonphysical contact" includes, but is not limited |
| 25 | | to, telephone calls, mail, e-mail, fax, and written notes. |
| 26 | | (Source: P.A. 96-311, eff. 1-1-10.)
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