|
|
|
SB2469 Engrossed |
|
LRB093 19852 LCB 45595 b |
|
|
1 |
| AN ACT concerning domestic violence.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Domestic Violence Act of 1986 is |
5 |
| amended by changing Section 103 as follows:
|
6 |
| (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
|
7 |
| Sec. 103. Definitions. For the purposes of this Act, the |
8 |
| following
terms shall have the following meanings:
|
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.
|
13 |
| (2) (Blank).
"Adult with disabilities" means an elder adult |
14 |
| with disabilities
or a high-risk adult with disabilities. A |
15 |
| person may be an adult with
disabilities for purposes of this |
16 |
| Act even though he or she has never been
adjudicated an |
17 |
| incompetent adult. However, no court proceeding may be
|
18 |
| initiated or continued on
behalf of an adult with disabilities |
19 |
| over that adult's objection, unless such
proceeding is approved |
20 |
| by his or her legal guardian, if any.
|
21 |
| (3) "Domestic violence" means abuse as defined in paragraph |
22 |
| (1).
|
23 |
| (4) (Blank).
"Elder adult with disabilities" means an adult |
24 |
| prevented by
advanced age from taking appropriate action to |
25 |
| protect himself or herself
from abuse by a family or household |
26 |
| member.
|
27 |
| (5) "Exploitation" means the illegal, including tortious, |
28 |
| use of a
high-risk adult with disabilities or of the assets or |
29 |
| resources of a
high-risk adult with disabilities. Exploitation |
30 |
| includes, but is not
limited to, the misappropriation of assets |
31 |
| or resources of a high-risk
adult with disabilities by undue |
32 |
| influence, by breach of a fiduciary
relationship, by fraud, |
|
|
|
SB2469 Engrossed |
- 2 - |
LRB093 19852 LCB 45595 b |
|
|
1 |
| deception, or extortion, or the use of such assets or
resources |
2 |
| in a manner contrary to law.
|
3 |
| (6) "Family or household members" include spouses, former |
4 |
| spouses,
parents, children, stepchildren and other persons |
5 |
| related by blood or
by present or prior marriage, persons
who |
6 |
| share or formerly shared a common dwelling, persons who have or
|
7 |
| allegedly have a child in common, persons who share or |
8 |
| allegedly share a
blood relationship through a child, persons |
9 |
| who have or have had a dating
or engagement relationship, |
10 |
| persons with disabilities and their
personal assistants, and |
11 |
| caregivers as defined in paragraph (3) of subsection
(b) of |
12 |
| Section 12-21 of the Criminal Code of 1961 , except that for the |
13 |
| purposes of this Act, caregivers shall also include former |
14 |
| employees of facilities licensed or certified under the Nursing |
15 |
| Home Care Act, the Assisted Living and Shared Housing Act, and |
16 |
| the federal Social Security Act .
For purposes of this |
17 |
| paragraph, neither a casual acquaintanceship nor
ordinary |
18 |
| fraternization between 2 individuals in business or social
|
19 |
| contexts shall be deemed to constitute a dating relationship.
|
20 |
| In the case of a high-risk adult with
disabilities, "family or |
21 |
| household members" includes any person
who has the |
22 |
| responsibility for a high-risk adult as a result of a family
|
23 |
| relationship or who has assumed responsibility for all or a |
24 |
| portion of the
care of a high-risk adult with disabilities |
25 |
| voluntarily, or by express or
implied contract, or by court |
26 |
| order.
|
27 |
| (7) "Harassment" means knowing conduct which
is not |
28 |
| necessary to accomplish a purpose that is reasonable under the
|
29 |
| circumstances; would cause a reasonable person emotional |
30 |
| distress; and
does cause emotional distress to the petitioner.
|
31 |
| Unless the presumption is rebutted by a preponderance of the |
32 |
| evidence, the
following types of conduct shall be
presumed to |
33 |
| cause emotional distress:
|
34 |
| (i) creating a disturbance at petitioner's place of |
35 |
| employment or school;
|
36 |
| (ii) repeatedly telephoning petitioner's place of |
|
|
|
SB2469 Engrossed |
- 3 - |
LRB093 19852 LCB 45595 b |
|
|
1 |
| employment, home or residence;
|
2 |
| (iii) repeatedly following petitioner about in a |
3 |
| public place or places;
|
4 |
| (iv) repeatedly keeping petitioner under surveillance |
5 |
| by remaining
present outside his or her
home, school, place |
6 |
| of employment, vehicle or other place occupied by
|
7 |
| petitioner or by peering in petitioner's windows;
|
8 |
| (v) improperly concealing a minor child from |
9 |
| petitioner, repeatedly
threatening to improperly remove a |
10 |
| minor child of petitioner's from
the jurisdiction or from |
11 |
| the physical care of petitioner,
repeatedly threatening to |
12 |
| conceal a minor
child from petitioner, or making
a single |
13 |
| such
threat following an actual or attempted improper |
14 |
| removal or concealment,
unless respondent was fleeing an |
15 |
| incident or pattern of domestic violence; or
|
16 |
| (vi) threatening physical force, confinement or |
17 |
| restraint on one or more occasions.
|
18 |
| (8) "High-risk adult with disabilities" means a person aged |
19 |
| 18 or over
whose physical or mental disability or advanced age |
20 |
| impairs his or her ability to seek or
obtain protection from |
21 |
| abuse, neglect, or exploitation. A person may be an adult with |
22 |
| disabilities for purposes of this Act even though he or she has |
23 |
| never been adjudicated an incompetent adult. However, no court |
24 |
| proceedings may be initiated or continued on behalf of an adult |
25 |
| with disabilities over that adult's objection, unless the |
26 |
| proceeding is approved by his or her legal guardian, if any.
|
27 |
| (9) "Interference with personal liberty" means committing |
28 |
| or
threatening physical abuse, harassment, intimidation or
|
29 |
| willful deprivation so as to
compel another to
engage in |
30 |
| conduct from which she or he has a right to abstain or to |
31 |
| refrain from conduct
in which she or he has a right to engage.
|
32 |
| (10) "Intimidation of a dependent" means subjecting a |
33 |
| person
who is dependent
because of
age, health or disability to |
34 |
| participation in or the witnessing of: physical force
against |
35 |
| another or physical confinement or restraint of another which
|
36 |
| constitutes physical abuse as defined in this Act, regardless |
|
|
|
SB2469 Engrossed |
- 4 - |
LRB093 19852 LCB 45595 b |
|
|
1 |
| of whether the
abused person is a family or household member.
|
2 |
| (11) (A) "Neglect" means the failure to exercise that |
3 |
| degree of care
toward a high-risk adult with disabilities which |
4 |
| a reasonable person would
exercise under the circumstances and |
5 |
| includes but is not limited to:
|
6 |
| (i) the failure to take reasonable steps to protect a |
7 |
| high-risk adult
with disabilities from acts of abuse;
|
8 |
| (ii) the repeated, careless imposition of unreasonable |
9 |
| confinement;
|
10 |
| (iii) the failure to provide food, shelter, clothing, |
11 |
| and personal
hygiene to a high-risk adult with disabilities |
12 |
| who requires such assistance;
|
13 |
| (iv) the failure to provide medical and rehabilitative |
14 |
| care for the
physical and mental health needs of a |
15 |
| high-risk adult with disabilities; or
|
16 |
| (v) the failure to protect a high-risk adult with |
17 |
| disabilities from
health and safety hazards.
|
18 |
| (B) Nothing in this subsection (10) shall be construed to |
19 |
| impose a requirement that
assistance be provided to a high-risk |
20 |
| adult with disabilities over his or
her objection in the |
21 |
| absence of a court order, nor to create any new
affirmative |
22 |
| duty to provide support to a high-risk adult with disabilities.
|
23 |
| (12) "Order of protection" means an emergency order, |
24 |
| interim
order or plenary order, granted pursuant to this Act,
|
25 |
| which includes any or
all of the remedies authorized by Section |
26 |
| 214 of this Act.
|
27 |
| (13) "Petitioner" may mean not only any named petitioner |
28 |
| for the order of
protection and any named victim of abuse on |
29 |
| whose behalf the petition
is brought, but also any other person |
30 |
| protected by this Act.
|
31 |
| (14) "Physical abuse" includes sexual abuse and means any
|
32 |
| of the following:
|
33 |
| (i) knowing or reckless use of physical force, |
34 |
| confinement or restraint;
|
35 |
| (ii) knowing, repeated and unnecessary sleep |
36 |
| deprivation; or
|
|
|
|
SB2469 Engrossed |
- 5 - |
LRB093 19852 LCB 45595 b |
|
|
1 |
| (iii) knowing or reckless conduct which creates an |
2 |
| immediate
risk of physical harm.
|
3 |
| (15) "Willful deprivation" means wilfully denying a person |
4 |
| who
because of age, health or disability requires medication,
|
5 |
| medical care, shelter, accessible shelter or services, food,
|
6 |
| therapeutic device, or other physical
assistance, and thereby |
7 |
| exposing that person to the risk of physical,
mental or |
8 |
| emotional harm, except with regard to medical care or treatment
|
9 |
| when the dependent person has expressed an intent to forgo such |
10 |
| medical
care or treatment. This paragraph does not
create any |
11 |
| new affirmative duty to provide support to dependent persons.
|
12 |
| (Source: P.A. 92-253, eff. 1-1-02.)
|
13 |
| Section 99. Effective date. This Act takes effect upon |
14 |
| becoming law.
|