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1 | AN ACT concerning protective orders.
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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 Section 112A-3 as follows:
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6 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
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7 | Sec. 112A-3. Definitions. For the purposes of this Article, | |||||||||||||||||||||
8 | the
following terms shall have the following meanings:
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9 | (1) "Abuse" means physical abuse, harassment, intimidation | |||||||||||||||||||||
10 | of a
dependent, interference with personal liberty or willful | |||||||||||||||||||||
11 | deprivation but
does not include reasonable direction of a | |||||||||||||||||||||
12 | minor child by a parent or
person in loco parentis.
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13 | (2) "Domestic violence" means abuse as described in | |||||||||||||||||||||
14 | paragraph (1).
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15 | (3) "Family or household members" include spouses, former | |||||||||||||||||||||
16 | spouses,
parents, children, stepchildren and other persons | |||||||||||||||||||||
17 | related by blood or
by present or prior marriage, persons who | |||||||||||||||||||||
18 | share or formerly shared a
common dwelling, persons who have or | |||||||||||||||||||||
19 | allegedly have a child in common, persons
who share or | |||||||||||||||||||||
20 | allegedly share a blood relationship through a child, persons | |||||||||||||||||||||
21 | who
have or have had a dating or engagement relationship, | |||||||||||||||||||||
22 | persons with disabilities
and their personal assistants, and | |||||||||||||||||||||
23 | caregivers as defined in paragraph (3) of
subsection (b) of | |||||||||||||||||||||
24 | Section 12-21 of the Criminal Code of 1961.
For purposes of | |||||||||||||||||||||
25 | this paragraph, neither a casual acquaintanceship nor
ordinary | |||||||||||||||||||||
26 | fraternization between 2 individuals in business or social
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27 | contexts shall be deemed to constitute a dating relationship.
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28 | (4) "Harassment" means knowing conduct which
is not | |||||||||||||||||||||
29 | necessary to accomplish a purpose which is reasonable under the
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30 | circumstances; would cause a reasonable person emotional | |||||||||||||||||||||
31 | distress; and
does cause emotional distress to the petitioner.
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32 | Unless the presumption is rebutted by a preponderance of the |
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1 | evidence, the
following types of conduct shall be presumed to | ||||||
2 | cause emotional distress:
| ||||||
3 | (i) creating a disturbance at petitioner's place of | ||||||
4 | employment or school;
| ||||||
5 | (ii) repeatedly telephoning petitioner's place of | ||||||
6 | employment, home or
residence;
| ||||||
7 | (iii) repeatedly following petitioner about in a | ||||||
8 | public place or places;
| ||||||
9 | (iv) repeatedly keeping petitioner under surveillance | ||||||
10 | by remaining
present outside his or her home, school, place | ||||||
11 | of employment, vehicle or
other place occupied by | ||||||
12 | petitioner or by peering in petitioner's windows;
| ||||||
13 | (v) improperly concealing a minor child from | ||||||
14 | petitioner, repeatedly
threatening to improperly remove a | ||||||
15 | minor child of petitioner's from the
jurisdiction or from | ||||||
16 | the physical care of petitioner, repeatedly threatening to
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17 | conceal a minor child from petitioner, or making a single | ||||||
18 | such threat following
an actual or attempted improper | ||||||
19 | removal or concealment, unless respondent was
fleeing from | ||||||
20 | an incident or pattern of domestic violence; or
| ||||||
21 | (vi) threatening physical force, confinement or | ||||||
22 | restraint on one or more
occasions.
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23 | (5) "Interference with personal liberty" means committing | ||||||
24 | or threatening
physical abuse, harassment, intimidation or | ||||||
25 | willful deprivation so as to
compel another to engage in | ||||||
26 | conduct from which she or he has a right to
abstain or to | ||||||
27 | refrain from conduct
in which she or he has a right to engage.
| ||||||
28 | (6) "Intimidation of a dependent" means subjecting a person | ||||||
29 | who is
dependent because of age, health or disability to | ||||||
30 | participation in or the
witnessing of: physical force against | ||||||
31 | another or physical confinement or
restraint of another which | ||||||
32 | constitutes physical abuse as defined in this
Article, | ||||||
33 | regardless of whether the abused person is a family or | ||||||
34 | household member.
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35 | (7) "Order of protection" means an emergency order, interim | ||||||
36 | order or
plenary order, granted pursuant to this Article, which |
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1 | includes any or all
of the remedies authorized by Section | ||||||
2 | 112A-14 of this Code.
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3 | (8) "Petitioner" may mean not only any named petitioner for | ||||||
4 | the order of
protection and any named victim of abuse on whose | ||||||
5 | behalf the petition
is brought, but also any other person | ||||||
6 | protected by this Article.
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7 | (9) "Physical abuse" includes sexual abuse and means any of | ||||||
8 | the following:
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9 | (i) knowing or reckless use of physical force, | ||||||
10 | confinement or restraint;
| ||||||
11 | (ii) knowing, repeated and unnecessary sleep | ||||||
12 | deprivation; or
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13 | (iii) knowing or reckless conduct which creates an | ||||||
14 | immediate
risk of physical harm.
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15 | (9.5) "Stay away" means for the respondent to refrain from | ||||||
16 | both physical presence and nonphysical contact with the | ||||||
17 | petitioner whether direct, indirect (including, but not | ||||||
18 | limited to, telephone calls, mail, email, faxes, and written | ||||||
19 | notes), or through third parties who may or may not know about | ||||||
20 | the order of protection.
| ||||||
21 | (10) "Willful deprivation" means wilfully denying a person | ||||||
22 | who because of
age, health or disability requires medication, | ||||||
23 | medical care, shelter,
accessible shelter or services, food, | ||||||
24 | therapeutic device, or other physical
assistance, and thereby | ||||||
25 | exposing that person to the risk of physical, mental or
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26 | emotional harm, except with regard to medical care and | ||||||
27 | treatment when such
dependent person has expressed the intent | ||||||
28 | to forgo such medical care or
treatment. This paragraph does | ||||||
29 | not create any new affirmative duty to provide
support to | ||||||
30 | dependent persons.
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31 | (Source: P.A. 92-253, eff. 1-1-02.)
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32 | Section 10. The Illinois Domestic Violence Act of 1986 is | ||||||
33 | amended by changing Section 103 as follows:
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34 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
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1 | Sec. 103. Definitions. For the purposes of this Act, the | ||||||
2 | following
terms shall have the following meanings:
| ||||||
3 | (1) "Abuse" means physical abuse, harassment, intimidation | ||||||
4 | of a dependent,
interference with personal liberty or willful | ||||||
5 | deprivation but does not include
reasonable direction of a | ||||||
6 | minor child by a parent or person in loco parentis.
| ||||||
7 | (2) "Adult with disabilities" means an elder adult with | ||||||
8 | disabilities
or a high-risk adult with disabilities. A person | ||||||
9 | may be an adult with
disabilities for purposes of this Act even | ||||||
10 | though he or she has never been
adjudicated an incompetent | ||||||
11 | adult. However, no court proceeding may be
initiated or | ||||||
12 | continued on
behalf of an adult with disabilities over that | ||||||
13 | adult's objection, unless such
proceeding is approved by his or | ||||||
14 | her legal guardian, if any.
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15 | (3) "Domestic violence" means abuse as defined in paragraph | ||||||
16 | (1).
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17 | (4) "Elder adult with disabilities" means an adult | ||||||
18 | prevented by
advanced age from taking appropriate action to | ||||||
19 | protect himself or herself
from abuse by a family or household | ||||||
20 | member.
| ||||||
21 | (5) "Exploitation" means the illegal, including tortious, | ||||||
22 | use of a
high-risk adult with disabilities or of the assets or | ||||||
23 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
24 | includes, but is not
limited to, the misappropriation of assets | ||||||
25 | or resources of a high-risk
adult with disabilities by undue | ||||||
26 | influence, by breach of a fiduciary
relationship, by fraud, | ||||||
27 | deception, or extortion, or the use of such assets or
resources | ||||||
28 | in a manner contrary to law.
| ||||||
29 | (6) "Family or household members" include spouses, former | ||||||
30 | spouses,
parents, children, stepchildren and other persons | ||||||
31 | related by blood or
by present or prior marriage, persons
who | ||||||
32 | share or formerly shared a common dwelling, persons who have or
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33 | allegedly have a child in common, persons who share or | ||||||
34 | allegedly share a
blood relationship through a child, persons | ||||||
35 | who have or have had a dating
or engagement relationship, | ||||||
36 | persons with disabilities and their
personal assistants, and |
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1 | caregivers as defined in paragraph (3) of subsection
(b) of | ||||||
2 | Section 12-21 of the Criminal Code of 1961.
For purposes of | ||||||
3 | this paragraph, neither a casual acquaintanceship nor
ordinary | ||||||
4 | fraternization between 2 individuals in business or social
| ||||||
5 | contexts shall be deemed to constitute a dating relationship.
| ||||||
6 | In the case of a high-risk adult with
disabilities, "family or | ||||||
7 | household members" includes any person
who has the | ||||||
8 | responsibility for a high-risk adult as a result of a family
| ||||||
9 | relationship or who has assumed responsibility for all or a | ||||||
10 | portion of the
care of a high-risk adult with disabilities | ||||||
11 | voluntarily, or by express or
implied contract, or by court | ||||||
12 | 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 | ||||||
27 | by remaining
present outside his or her
home, school, place | ||||||
28 | of employment, vehicle or other place occupied by
| ||||||
29 | petitioner or by peering in petitioner's windows;
| ||||||
30 | (v) improperly concealing a minor child from | ||||||
31 | petitioner, repeatedly
threatening to improperly remove a | ||||||
32 | minor child of petitioner's from
the jurisdiction or from | ||||||
33 | the physical care of petitioner,
repeatedly threatening to | ||||||
34 | conceal a minor
child from petitioner, or making
a single | ||||||
35 | such
threat following an actual or attempted improper | ||||||
36 | removal or concealment,
unless respondent was fleeing an |
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1 | incident or pattern of domestic violence; or
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2 | (vi) threatening physical force, confinement or | ||||||
3 | restraint on one or more occasions.
| ||||||
4 | (8) "High-risk adult with disabilities" means a person aged | ||||||
5 | 18 or over
whose physical or mental disability impairs his or | ||||||
6 | her ability to seek or
obtain protection from abuse, neglect, | ||||||
7 | or exploitation.
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8 | (9) "Interference with personal liberty" means committing | ||||||
9 | or
threatening physical abuse, harassment, intimidation or
| ||||||
10 | willful deprivation so as to
compel another to
engage in | ||||||
11 | conduct from which she or he has a right to abstain or to | ||||||
12 | refrain from conduct
in which she or he has a right to engage.
| ||||||
13 | (10) "Intimidation of a dependent" means subjecting a | ||||||
14 | person
who is dependent
because of
age, health or disability to | ||||||
15 | participation in or the witnessing of: physical force
against | ||||||
16 | another or physical confinement or restraint of another which
| ||||||
17 | constitutes physical abuse as defined in this Act, regardless | ||||||
18 | of whether the
abused person is a family or household member.
| ||||||
19 | (11) (A) "Neglect" means the failure to exercise that | ||||||
20 | degree of care
toward a high-risk adult with disabilities which | ||||||
21 | a reasonable person would
exercise under the circumstances and | ||||||
22 | includes but is not limited to:
| ||||||
23 | (i) the failure to take reasonable steps to protect a | ||||||
24 | high-risk adult
with disabilities from acts of abuse;
| ||||||
25 | (ii) the repeated, careless imposition of unreasonable | ||||||
26 | confinement;
| ||||||
27 | (iii) the failure to provide food, shelter, clothing, | ||||||
28 | and personal
hygiene to a high-risk adult with disabilities | ||||||
29 | who requires such assistance;
| ||||||
30 | (iv) the failure to provide medical and rehabilitative | ||||||
31 | care for the
physical and mental health needs of a | ||||||
32 | high-risk adult with disabilities; or
| ||||||
33 | (v) the failure to protect a high-risk adult with | ||||||
34 | disabilities from
health and safety hazards.
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35 | (B) Nothing in this subsection (10) shall be construed to | ||||||
36 | impose a requirement that
assistance be provided to a high-risk |
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1 | adult with disabilities over his or
her objection in the | ||||||
2 | absence of a court order, nor to create any new
affirmative | ||||||
3 | duty to provide support to a high-risk adult with disabilities.
| ||||||
4 | (12) "Order of protection" means an emergency order, | ||||||
5 | interim
order or plenary order, granted pursuant to this Act,
| ||||||
6 | which includes any or
all of the remedies authorized by Section | ||||||
7 | 214 of this Act.
| ||||||
8 | (13) "Petitioner" may mean not only any named petitioner | ||||||
9 | for the order of
protection and any named victim of abuse on | ||||||
10 | whose behalf the petition
is brought, but also any other person | ||||||
11 | protected by this Act.
| ||||||
12 | (14) "Physical abuse" includes sexual abuse and means any
| ||||||
13 | of the following:
| ||||||
14 | (i) knowing or reckless use of physical force, | ||||||
15 | confinement or restraint;
| ||||||
16 | (ii) knowing, repeated and unnecessary sleep | ||||||
17 | deprivation; or
| ||||||
18 | (iii) knowing or reckless conduct which creates an | ||||||
19 | immediate
risk of physical harm.
| ||||||
20 | (14.5) "Stay away" means for the respondent to refrain from | ||||||
21 | both physical presence and nonphysical contact with the | ||||||
22 | petitioner whether direct, indirect (including, but not | ||||||
23 | limited to, telephone calls, mail, email, faxes, and written | ||||||
24 | notes), or through third parties who may or may not know about | ||||||
25 | the order of protection.
| ||||||
26 | (15) "Willful deprivation" means wilfully denying a person | ||||||
27 | who
because of age, health or disability requires medication,
| ||||||
28 | medical care, shelter, accessible shelter or services, food,
| ||||||
29 | therapeutic device, or other physical
assistance, and thereby | ||||||
30 | exposing that person to the risk of physical,
mental or | ||||||
31 | emotional harm, except with regard to medical care or treatment
| ||||||
32 | when the dependent person has expressed an intent to forgo such | ||||||
33 | medical
care or treatment. This paragraph does not
create any | ||||||
34 | new affirmative duty to provide support to dependent persons.
| ||||||
35 | (Source: P.A. 92-253, eff. 1-1-02.)
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