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Rep. Robin Kelly
Filed: 2/27/2006
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09400HB4715ham002 |
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LRB094 15382 AJO 56544 a |
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| AMENDMENT TO HOUSE BILL 4715
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| AMENDMENT NO. ______. Amend House Bill 4715, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the Safe |
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| Homes Act.
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| Section 5. Findings. The General Assembly finds and |
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| declares the following: |
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| (1) Domestic and sexual violence affect many persons |
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| without regard to age, race, education, socioeconomic |
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| status, religion, or occupation. |
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| (2) Domestic and sexual violence have a devastating |
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| effect on individuals, families, and communities. |
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| (3) Domestic violence crimes account for approximately |
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| 15% of total crime costs in the United States each year. |
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| (4) Violence against women has been reported to be the |
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| leading cause of physical injury to women. This violence |
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| has a devastating impact on women's physical and emotional |
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| health. |
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| (5) According to recent government surveys, from 1993 |
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| through 1998 the average annual number of violent |
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| victimizations committed by intimate partners of the |
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| victim was 1,082,110 and 87% of those were committed |
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| against women. |
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LRB094 15382 AJO 56544 a |
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| (6) Female murder victims were substantially more |
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| likely than male murder victims to have been killed by an |
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| intimate partner. About one-third of female murder |
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| victims, and about 4% of male murder victims, were killed |
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| by an intimate partner. |
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| (7) According to the Department of Justice, women |
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| living in rental housing experience intimate partner |
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| violence at 3 times the rate of women who own their homes. |
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| (8) According to recent government estimates, |
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| approximately 987,400 rapes occur annually in the United |
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| States and 89% of the rapes are perpetrated against female |
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| victims. |
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| (9) One out of every 7 adult women, or more than |
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| 670,000 in Illinois, has been the victim of a forcible rape |
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| sometime in her lifetime. |
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| (10) In a survey of 600 women and men ages 16-24, 60% |
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| of the respondents stated that they know a woman who has |
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| been sexually assaulted. |
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| (11) Eighty percent of women who are raped are raped by |
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| acquaintances. |
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| (12) Approximately 10,200,000 people have been stalked |
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| at some time in their lives. Four out of every 5 stalking |
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| victims are women. Stalkers harass and terrorize their |
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| victims by spying on the victims, standing outside their |
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| homes or work places, making unwanted phone calls, sending |
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| or leaving unwanted letters or items, or vandalizing |
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| property. |
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| (13) Too often, victims of domestic and sexual violence |
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| suffer not only physical and emotional abuse, but also the |
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| devastation of being displaced from their homes because of |
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| violence. |
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| (14) The loss of a victim's home can, in turn, result |
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| in the loss of employment, public benefits, and even the |
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| custody of children. |
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LRB094 15382 AJO 56544 a |
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| (15) The problem is compounded by the fact that victims |
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| of domestic and sexual violence are discriminated against |
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| when attempting to access safe housing, make their current |
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| housing more safe, or flee existing housing. Additionally, |
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| victims of domestic and sexual violence are often evicted |
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| because of the abuse that they have suffered. |
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| (16) There is a strong link between domestic violence |
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| and homelessness. Among cities surveyed, 50% identified |
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| domestic violence as a primary cause of homelessness. |
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| (17) Ninety-two percent of homeless women have |
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| experienced severe physical or sexual abuse at some point |
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| in their lives. Of all homeless women and children, 60% had |
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| been abused by age 12, and 63% have been victims of |
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| intimate partner violence as adults. |
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| (18) Women who leave their abusers frequently lack |
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| adequate emergency shelter options and this makes their |
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| decisions concerning leaving their dwelling places more |
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| difficult. |
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| (19) Victims of domestic violence often return to |
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| abusive partners because they cannot find long-term |
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| housing. |
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| (20) Because abusers frequently manipulate their |
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| victims' finances in an effort to control their partners, |
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| victims often lack a steady income, a credit history, |
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| landlord references, and a current address, all of which |
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| are necessary to obtain long-term permanent housing. |
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| (21) Abusers also frequently manipulate the systems in |
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| place meant to protect victims, by accusing the victim of |
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| initiating the violence, calling the police, or attempting |
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| to obtain an order for protection. Victims who attempt to |
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| defend themselves or others from an abuser's violence are |
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| particularly vulnerable to this practice.
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| (22) Victims of domestic and sexual violence in rural |
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| areas face additional barriers, challenges, and unique |
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LRB094 15382 AJO 56544 a |
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| circumstances, such as geographic isolation, poverty, lack |
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| of public transportation systems, shortage of health care |
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| providers, and decreased access to safe housing resources.
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| Section 10. Purposes. The purposes of this Act are: |
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| (1) To promote the State's interest in reducing |
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| domestic violence, dating violence, sexual assault, and |
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| stalking by enabling victims of domestic or sexual violence |
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| and their families to access or maintain safe housing or |
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| flee existing dangerous housing in order to leave violent |
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| or abusive situations, achieve safety, and minimize the |
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| physical and emotional injuries from domestic or sexual |
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| violence, and to reduce the devastating economic
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| consequences to the State and victims. |
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| (2) To address the failure of existing laws to protect
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| the housing rights of victims of domestic or sexual |
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| violence, as well as family or household members affected |
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| by the violence. |
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| (3) To accomplish the purposes described in paragraphs |
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| (1) and (2) by providing victims of domestic or sexual |
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| violence and their families with options to access or |
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| maintain safe housing or to flee dangerous housing.
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| Section 15. Public housing excluded. This Act does not |
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| apply to public housing. |
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| Section 20. Definitions. For the purposes of this Act: |
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| "Domestic violence" means abuse as defined in Section 103 |
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| of the Illinois Domestic Violence Act of 1986. |
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| "Landlord" and "tenant" have the definitions stated in |
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| Section 1.1 of the Rental Property Utility Service Act. |
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| "Perpetrator" means an individual who commits or is alleged |
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| to have committed or threatened any act of domestic or sexual |
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| violence. |
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| "Protected applicant" means a person who makes application |
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| to the landlord of a building or mobile home to become an |
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| occupant in the building or mobile home, whether under a lease |
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| or periodic tenancy, who has been subjected to any act or |
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| threat of domestic or sexual violence. A perpetrator is not |
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| considered a protected applicant. |
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| "Protected household member" means any member of a |
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| household who has been subjected to any act or threat of |
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| domestic or sexual violence, including but not limited to: any |
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| minor child, any dependant adult, and any other person residing |
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| with a victim of domestic or sexual violence. A perpetrator is
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| not considered a protected household member. |
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| "Protected tenant" means an occupant of a building or |
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| mobile home whether under a lease or periodic tenancy, who has |
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| been subjected to any act or threat of domestic or sexual |
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| violence, including but not limited to a tenant residing with a |
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| victim of domestic or sexual violence. A perpetrator is not |
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| considered a protected tenant. |
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| "Sexual violence" means any act or threat of sexual |
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| assault, abuse, or stalking of an adult or minor child |
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| including, but not limited to, non-consensual sexual conduct or |
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| non-consensual sexual penetration as defined in the Civil No |
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| Contact Order Act and the offenses of stalking, aggravated |
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| stalking, cyberstalking, criminal sexual assault, aggravated |
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| criminal sexual assault, predatory criminal sexual assault of a |
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| child, criminal sexual abuse, and aggravated criminal sexual |
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| abuse as these offenses are described in the Criminal Code of |
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| 1961, including sexual violence committed by perpetrators who |
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| are strangers to the victim and sexual violence committed by |
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| perpetrators who are known or related by blood, marriage, or |
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| law to the victim. |
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| "Victim" means an individual who has been subjected to any |
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| act or threat of domestic or sexual violence. A perpetrator is |
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| not considered a victim.
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LRB094 15382 AJO 56544 a |
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| Section 25. Victim protection when the perpetrator is not a |
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| leaseholder.
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| (a) Change of locks. When the perpetrator is not a |
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| leaseholder in the same dwelling unit as the victim, a |
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| protected tenant in the same dwelling unit may request that the |
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| landlord change the locks to the dwelling unit if the protected |
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| tenant notifies the landlord that a protected household member |
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| is a victim of domestic or sexual violence and provides at |
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| least one form of the types of evidence to support that claim |
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| as described in subsection (c). |
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| (1) Once the landlord has received one form of evidence |
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| indicating that a protected household member is a victim of |
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| domestic or sexual violence the landlord shall, within 48 |
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| hours or such lesser time as required by court order, |
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| change the locks to the protected tenant's dwelling unit or |
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| give the protected tenant permission to change the locks |
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| within 48 hours or such lesser time as required by a court |
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| order. |
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| (2) The landlord may charge a fee for the expense of |
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| changing the locks. That fee must not exceed the reasonable |
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| price customarily charged for the repair.
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| (3) If a landlord fails to change the locks within the |
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| required time, after being provided with the evidence |
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| indicating that a protected household member is a victim of |
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| domestic or sexual violence, the protected tenant may |
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| change the locks without the landlord's permission. If the |
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| protected tenant changes the locks, the protected tenant |
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| shall give a key to the new locks to the landlord within 48 |
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| hours of the locks being changed. |
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| (b) Early termination of the rental agreement. When the |
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| perpetrator is not a leaseholder, a protected tenant who is a |
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| victim of domestic or sexual violence or whose dwelling unit |
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| contains protected household members who are victims of |
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09400HB4715ham002 |
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LRB094 15382 AJO 56544 a |
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| domestic or sexual violence may terminate his or her rental |
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| agreement for the dwelling unit if it is necessary to protect |
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| their physical or emotional safety and well being. The |
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| protected tenant shall provide the landlord with a written |
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| notice of termination to be effective on a date stated in the |
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| notice that is at least 30 days after the landlord's receipt of |
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| the notice. The notice to the landlord shall be accompanied by |
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| at least one form of the types of evidence to support that |
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| claim as described in subsection (c). |
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| (1) If, pursuant to this Section, the protected tenant |
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| terminates the rental agreement 14 days or more before |
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| occupancy, the protected tenant is not subject to any |
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| damages or penalties. |
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| (2) The protected tenant shall vacate the dwelling on |
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| or before the effective date of the notice. |
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| (c) Evidence of domestic or sexual violence. Notice to the |
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| landlord requesting a change of locks or early termination of |
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| the rental agreement shall be accompanied by at least one form |
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| of the following types of evidence to support a claim of |
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| domestic or sexual violence under this Section: medical, court |
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| or police evidence of domestic or sexual violence; or a |
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| statement from an employee of a victim services, domestic |
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| violence, or rape crisis organization from whom the protected |
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| tenant or protected household member has sought services.
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| Section 30. Victim protection when the perpetrator is a |
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| leaseholder.
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| (a) Change of locks. If the perpetrator of the domestic |
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| violence or sexual violence is a leaseholder in the same |
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| dwelling unit as the victim, a protected tenant of the same |
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| dwelling unit may request that the landlord change the locks if |
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| the protected tenant notifies the landlord that a protected |
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| household member is a victim of domestic or sexual violence and |
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| provides the landlord with at least one form of the types of |
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09400HB4715ham002 |
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LRB094 15382 AJO 56544 a |
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| evidence to support that claim as described in subsection (c). |
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| (1) A landlord who receives a request under this |
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| subsection shall, within 72 hours or such lesser time as |
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| required by a court order, change the locks to the dwelling |
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| unit or give the protected tenant permission to change the |
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| locks. |
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| (2) The landlord may charge a fee for the expense of |
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| changing the locks. That fee must not exceed the reasonable |
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| price customarily charged for the repair. |
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| (3) If a landlord fails to change the locks within the |
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| required time, after being provided with the evidence |
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| indicating that a protected household member is a victim of |
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| domestic or sexual violence, the protected tenant may |
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| change the locks without the landlord's permission. If the |
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| protected tenant changes the locks, the protected tenant |
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| shall give a key to the new locks to the landlord within 48 |
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| hours of the locks being changed. |
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| (4) Unless a court order allows the perpetrator to |
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| return to the dwelling unit to retrieve personal |
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| belongings, the landlord has no duty under the rental |
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| agreement or by law to allow the perpetrator access to the |
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| dwelling unit, to provide keys to the perpetrator, or to |
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| provide the perpetrator access to the perpetrator's |
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| personal property within the dwelling unit. If a landlord |
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| complies with this Section, the landlord is not liable for |
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| civil damages to a perpetrator excluded from the dwelling |
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| unit for loss of use of the dwelling unit or loss of use or |
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| damage to the perpetrator's personal property. |
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| (b) Early termination of the rental agreement. When the |
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| perpetrator is a leaseholder in the same dwelling unit, a |
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| protected tenant who is a victim of domestic or sexual violence |
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| or whose dwelling unit contains protected household members who |
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| are victims of domestic or sexual violence may terminate his or |
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| her rental agreement for the dwelling unit if it is necessary |
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09400HB4715ham002 |
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LRB094 15382 AJO 56544 a |
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| to protect their physical or emotional safety and well being. |
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| The protected tenant shall provide the landlord with a written |
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| notice of termination to be effective on a date stated in the |
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| notice that is at least 30 days after the landlord's receipt of |
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| the notice. The notice to the landlord shall be accompanied by |
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| at least one form of the types of evidence to support that |
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| claim as described in subsection (c). |
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| (1) If, pursuant to this Section, the protected tenant |
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| terminates the rental agreement 14 days or more before |
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| occupancy, the protected tenant is not subject to any |
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| damages or penalties. |
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| (2) The protected tenant shall vacate the dwelling on |
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| or before the effective date of the notice. |
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| (c) Evidence of domestic or sexual violence. Notice to the |
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| landlord requesting a change of locks or early termination of |
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| the rental agreement shall be accompanied by at least one form |
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| of the following types of evidence to support a claim of |
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| domestic or sexual violence under this Section: a copy of an |
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| order issued by a court, which may be incorporated into any |
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| form of court order including but not limited to an Order Of |
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| Protection pursuant to the Illinois Domestic Violence Act of |
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| 1986 or Article 112A of the Code of Criminal Procedure of 1963.
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| Section 35. Enforceability. In addition to any other |
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| remedies provided in this Act or under other laws, any |
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| protected household member, protected tenant, or victim |
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| adversely affected by an act or omission of the landlord that |
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| violates this Act may file an action against the landlord in |
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| the circuit court. If the court finds that a violation of this |
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| Act occurred or is about to occur by an act or omission of the |
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| landlord, the court may award to the plaintiff actual damages, |
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| reasonable attorney's fees, and costs and may grant as relief, |
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| as the court deems appropriate, any permanent or preliminary |
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| injunction, temporary restraining order, or other order, |
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09400HB4715ham002 |
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| including an order enjoining the landlord from engaging in |
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| violations of this Act or ordering such affirmative action as |
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| may be appropriate. |
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| Section 40. Effect on other laws.
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| (a) More protective laws. Nothing in this Act shall be |
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| construed to supersede any provision of any federal, State, or |
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| local law that provides greater protections for victims of |
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| domestic or sexual violence than the rights established under |
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| this Act. |
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| (b) Less protective laws. The rights established for |
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| victims of domestic or sexual violence under this Act shall not |
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| be diminished by any State or local law.
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| Section 45. Prohibition on waiver or modification.
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| Sections 5, 10, 15, 20, 25, 30, 35, and 40 may not be waived or |
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| modified by an agreement of the parties.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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