103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2095

 

Introduced 2/7/2023, by Rep. Jennifer Sanalitro

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 21/80
740 ILCS 22/213

    Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.


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A BILL FOR

 

HB2095LRB103 27732 LNS 54109 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Stalking No Contact Order Act is amended by
5changing Section 80 as follows:
 
6    (740 ILCS 21/80)
7    Sec. 80. Stalking no contact orders; remedies.
8    (a) If the court finds that the petitioner has been a
9victim of stalking, a stalking no contact order shall issue;
10provided that the petitioner must also satisfy the
11requirements of Section 95 on emergency orders or Section 100
12on plenary orders. The petitioner shall not be denied a
13stalking no contact order because the petitioner or the
14respondent is a minor. The court, when determining whether or
15not to issue a stalking no contact order, may not require
16physical injury on the person of the petitioner. Modification
17and extension of prior stalking no contact orders shall be in
18accordance with this Act.
19    (b) A stalking no contact order shall order one or more of
20the following:
21        (1) prohibit the respondent from threatening to commit
22    or committing stalking;
23        (2) order the respondent not to have any contact with

 

 

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1    the petitioner or a third person specifically named by the
2    court;
3        (3) prohibit the respondent from knowingly coming
4    within, or knowingly remaining within a specified distance
5    of the petitioner or the petitioner's residence, school,
6    daycare, or place of employment, or any specified place
7    frequented by the petitioner; however, the court may order
8    the respondent to stay away from the respondent's own
9    residence, school, or place of employment only if the
10    respondent has been provided actual notice of the
11    opportunity to appear and be heard on the petition;
12        (4) prohibit the respondent from possessing a Firearm
13    Owners Identification Card, or possessing or buying
14    firearms; and
15        (5) order other injunctive relief the court determines
16    to be necessary to protect the petitioner or third party
17    specifically named by the court.
18    (b-5) When the petitioner and the respondent attend the
19same public, private, or non-public elementary, middle, or
20high school, the court when issuing a stalking no contact
21order and providing relief shall consider the severity of the
22act, any continuing physical danger or emotional distress to
23the petitioner, the educational rights guaranteed to the
24petitioner and respondent under federal and State law, the
25availability of a transfer of the respondent to another
26school, a change of placement or a change of program of the

 

 

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1respondent, the expense, difficulty, and educational
2disruption that would be caused by a transfer of the
3respondent to another school, and any other relevant facts of
4the case. The court may order that the respondent not attend
5the public, private, or non-public elementary, middle, or high
6school attended by the petitioner, order that the respondent
7accept a change of placement or program, as determined by the
8school district or private or non-public school, or place
9restrictions on the respondent's movements within the school
10attended by the petitioner. The respondent bears the burden of
11proving by a preponderance of the evidence that a transfer,
12change of placement, or change of program of the respondent is
13not available. The respondent also bears the burden of
14production with respect to the expense, difficulty, and
15educational disruption that would be caused by a transfer of
16the respondent to another school. A transfer, change of
17placement, or change of program is not unavailable to the
18respondent solely on the ground that the respondent does not
19agree with the school district's or private or non-public
20school's transfer, change of placement, or change of program
21or solely on the ground that the respondent fails or refuses to
22consent to or otherwise does not take an action required to
23effectuate a transfer, change of placement, or change of
24program. When a court orders a respondent to stay away from the
25public, private, or non-public school attended by the
26petitioner and the respondent requests a transfer to another

 

 

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1attendance center within the respondent's school district or
2private or non-public school, the school district or private
3or non-public school shall have sole discretion to determine
4the attendance center to which the respondent is transferred.
5In the event the court order results in a transfer of the minor
6respondent to another attendance center, a change in the
7respondent's placement, or a change of the respondent's
8program, the parents, guardian, or legal custodian of the
9respondent is responsible for transportation and other costs
10associated with the transfer or change.
11    (b-6) The court may order the parents, guardian, or legal
12custodian of a minor respondent to take certain actions or to
13refrain from taking certain actions to ensure that the
14respondent complies with the order. In the event the court
15orders a transfer of the respondent to another school, the
16parents, guardian, or legal custodian of the respondent are
17responsible for transportation and other costs associated with
18the change of school by the respondent.
19    (b-7) The court shall not hold a school district or
20private or non-public school or any of its employees in civil
21or criminal contempt unless the school district or private or
22non-public school has been allowed to intervene.
23    (b-8) The court may hold the parents, guardian, or legal
24custodian of a minor respondent in civil or criminal contempt
25for a violation of any provision of any order entered under
26this Act for conduct of the minor respondent in violation of

 

 

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1this Act if the parents, guardian, or legal custodian
2directed, encouraged, or assisted the respondent minor in such
3conduct.
4    (c) The court shall may award the petitioner costs and
5attorney's attorneys fees if a stalking no contact order is
6granted.
7    (d) Monetary damages are not recoverable as a remedy.
8    (e) If the stalking no contact order prohibits the
9respondent from possessing a Firearm Owner's Identification
10Card, or possessing or buying firearms; the court shall
11confiscate the respondent's Firearm Owner's Identification
12Card and immediately return the card to the Illinois State
13Police Firearm Owner's Identification Card Office.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    Section 10. The Civil No Contact Order Act is amended by
16changing Section 213 as follows:
 
17    (740 ILCS 22/213)
18    Sec. 213. Civil no contact order; remedies.
19    (a) If the court finds that the petitioner has been a
20victim of non-consensual sexual conduct or non-consensual
21sexual penetration, a civil no contact order shall issue;
22provided that the petitioner must also satisfy the
23requirements of Section 214 on emergency orders or Section 215
24on plenary orders. The petitioner shall not be denied a civil

 

 

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1no contact order because the petitioner or the respondent is a
2minor. The court, when determining whether or not to issue a
3civil no contact order, may not require physical injury on the
4person of the victim. Modification and extension of prior
5civil no contact orders shall be in accordance with this Act.
6    (a-5) (Blank).
7    (b) (Blank).
8    (b-5) The court may provide relief as follows:
9        (1) prohibit the respondent from knowingly coming
10    within, or knowingly remaining within, a specified
11    distance from the petitioner;
12        (2) restrain the respondent from having any contact,
13    including nonphysical contact and electronic communication
14    as defined in Section 26.5-0.1 of the Criminal Code of
15    2012, with the petitioner directly, indirectly, or through
16    third parties, regardless of whether those third parties
17    know of the order;
18        (3) prohibit the respondent from knowingly coming
19    within, or knowingly remaining within, a specified
20    distance from the petitioner's residence, school, day care
21    or other specified location;
22        (4) order the respondent to stay away from any
23    property or animal owned, possessed, leased, kept, or held
24    by the petitioner and forbid the respondent from taking,
25    transferring, encumbering, concealing, harming, or
26    otherwise disposing of the property or animal; and

 

 

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1        (5) order any other injunctive relief as necessary or
2    appropriate for the protection of the petitioner.
3    (b-6) When the petitioner and the respondent attend the
4same public or private elementary, middle, or high school, the
5court when issuing a civil no contact order and providing
6relief shall consider the severity of the act, any continuing
7physical danger or emotional distress to the petitioner, the
8educational rights guaranteed to the petitioner and respondent
9under federal and State law, the availability of a transfer of
10the respondent to another school, a change of placement or a
11change of program of the respondent, the expense, difficulty,
12and educational disruption that would be caused by a transfer
13of the respondent to another school, and any other relevant
14facts of the case. The court may order that the respondent not
15attend the public, private, or non-public elementary, middle,
16or high school attended by the petitioner, order that the
17respondent accept a change of placement or program, as
18determined by the school district or private or non-public
19school, or place restrictions on the respondent's movements
20within the school attended by the petitioner. The respondent
21bears the burden of proving by a preponderance of the evidence
22that a transfer, change of placement, or change of program of
23the respondent is not available. The respondent also bears the
24burden of production with respect to the expense, difficulty,
25and educational disruption that would be caused by a transfer
26of the respondent to another school. A transfer, change of

 

 

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1placement, or change of program is not unavailable to the
2respondent solely on the ground that the respondent does not
3agree with the school district's or private or non-public
4school's transfer, change of placement, or change of program
5or solely on the ground that the respondent fails or refuses to
6consent to or otherwise does not take an action required to
7effectuate a transfer, change of placement, or change of
8program. When a court orders a respondent to stay away from the
9public, private, or non-public school attended by the
10petitioner and the respondent requests a transfer to another
11attendance center within the respondent's school district or
12private or non-public school, the school district or private
13or non-public school shall have sole discretion to determine
14the attendance center to which the respondent is transferred.
15In the event the court order results in a transfer of the minor
16respondent to another attendance center, a change in the
17respondent's placement, or a change of the respondent's
18program, the parents, guardian, or legal custodian of the
19respondent is responsible for transportation and other costs
20associated with the transfer or change.
21    (b-7) The court may order the parents, guardian, or legal
22custodian of a minor respondent to take certain actions or to
23refrain from taking certain actions to ensure that the
24respondent complies with the order. In the event the court
25orders a transfer of the respondent to another school, the
26parents or legal guardians of the respondent are responsible

 

 

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1for transportation and other costs associated with the change
2of school by the respondent.
3    (c) Denial of a remedy may not be based, in whole or in
4part, on evidence that:
5        (1) the respondent has cause for any use of force,
6    unless that cause satisfies the standards for justifiable
7    use of force provided by Article 7 of the Criminal Code of
8    2012;
9        (2) the respondent was voluntarily intoxicated;
10        (3) the petitioner acted in self-defense or defense of
11    another, provided that, if the petitioner utilized force,
12    such force was justifiable under Article 7 of the Criminal
13    Code of 2012;
14        (4) the petitioner did not act in self-defense or
15    defense of another;
16        (5) the petitioner left the residence or household to
17    avoid further non-consensual sexual conduct or
18    non-consensual sexual penetration by the respondent; or
19        (6) the petitioner did not leave the residence or
20    household to avoid further non-consensual sexual conduct
21    or non-consensual sexual penetration by the respondent.
22    (d) Monetary damages are not recoverable as a remedy.
23    (e) The court shall award the petitioner costs and
24attorney's fees if a civil no contact order is granted.
25(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;
26102-831, eff. 5-13-22.)