093_HB1157eng

 
HB1157 Engrossed                     LRB093 02458 DRJ 02468 b

 1        AN ACT in relation to child custody.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE 1
 5                         GENERAL PROVISIONS

 6        Section  101.  Short Title.  This Act may be cited as the
 7    Uniform Child-Custody Jurisdiction and Enforcement Act.

 8        Section 102.  Definitions.  In this Act:
 9        (1)   "Abandoned"  means  left  without   provision   for
10    reasonable and necessary care or supervision.
11        (2)   "Child" means an individual who has not attained 18
12    years of age.
13        (3)   "Child-custody  determination"  means  a  judgment,
14    decree, or other order of a court  providing  for  the  legal
15    custody,  physical  custody,  or visitation with respect to a
16    child.  The term includes a  permanent,  temporary,  initial,
17    and  modification  order.  The term does not include an order
18    relating to child support or other monetary obligation of  an
19    individual.
20        (4)   "Child-custody  proceeding"  means  a proceeding in
21    which legal custody, physical  custody,  or  visitation  with
22    respect  to  a  child  is  an  issue.   The  term  includes a
23    proceeding   for   divorce,   separation,   neglect,   abuse,
24    dependency, guardianship, paternity, termination of  parental
25    rights,  and  protection from domestic violence, in which the
26    issue may appear.  The term does  not  include  a  proceeding
27    involving  juvenile delinquency, contractual emancipation, or
28    enforcement under Article 3.
29        (5)   "Commencement"  means  the  filing  of  the   first
30    pleading in a proceeding.
 
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 1        (6)   "Court" means an entity authorized under the law of
 2    a state to establish,  enforce,  or  modify  a  child-custody
 3    determination.
 4        (7)   "Home state" means the state in which a child lived
 5    with a parent or a person acting as a parent for at least six
 6    consecutive months immediately before the commencement  of  a
 7    child-custody  proceeding.   In the case of a child less than
 8    six months of age, the term means  the  state  in  which  the
 9    child  lived from birth with any of the persons mentioned.  A
10    period of temporary absence of any of the  mentioned  persons
11    is part of the period.
12        (8)     "Initial    determination"    means   the   first
13    child-custody determination concerning a particular child.
14        (9)   "Issuing  court"  means  the  court  that  makes  a
15    child-custody determination for which enforcement  is  sought
16    under this Act.
17        (10)    "Issuing  state"  means  the  state  in  which  a
18    child-custody determination is made.
19        (11)  "Modification" means a child-custody  determination
20    that  changes,  replaces,  supersedes,  or  is otherwise made
21    after a previous determination  concerning  the  same  child,
22    whether or not it is made by the court that made the previous
23    determination.
24        (12)  "Person" means an individual, corporation, business
25    trust, estate, trust, partnership, limited liability company,
26    association,    joint   venture,   government;   governmental
27    subdivision, agency, or instrumentality; public  corporation;
28    or any other legal or commercial entity.
29        (13)   "Person  acting as a parent" means a person, other
30    than a parent, who:
31             (A) has physical custody of the  child  or  has  had
32        physical  custody for a period of six consecutive months,
33        including  any  temporary  absence,   within   one   year
34        immediately  before  the  commencement of a child-custody
 
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 1        proceeding; and
 2             (B) has been awarded legal custody  by  a  court  or
 3        claims  a  right  to  legal custody under the law of this
 4        State.
 5        (14)  "Physical custody"  means  the  physical  care  and
 6    supervision of a child.
 7        (15)   "State"  means  a  state of the United States, the
 8    District of Columbia, Puerto Rico, the United  States  Virgin
 9    Islands,  or  any  territory or insular possession subject to
10    the jurisdiction of the United States.
11        (16)  "Tribe" means an Indian tribe or band,  or  Alaskan
12    Native  village,  which  is  recognized  by  federal  law  or
13    formally acknowledged by a state.
14        (17)    "Warrant"  means  an  order  issued  by  a  court
15    authorizing law enforcement officers to take physical custody
16    of a child.

17        Section 103.  Proceedings Governed By  Other  Law.   This
18    Act  does  not  govern an adoption proceeding or a proceeding
19    pertaining to the authorization of emergency medical care for
20    a child.

21        Section 104.  Application To Indian Tribes.
22        (a)  A  child-custody  proceeding  that  pertains  to  an
23    Indian  child  as defined in the Indian Child Welfare Act, 25
24    U.S.C. 1901 et seq., is not subject to this Act to the extent
25    that it is governed by the Indian Child Welfare Act.
26        (b)  A court of this State shall treat a tribe as  if  it
27    were a state of the United States for the purpose of applying
28    Articles 1 and 2.
29        (c)   A child-custody determination made by a tribe under
30    factual circumstances  in  substantial  conformity  with  the
31    jurisdictional  standards  of this Act must be recognized and
32    enforced under Article 3.
 
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 1        Section 105.  International Application Of Act.
 2        (a)  A court of this State shall treat a foreign  country
 3    as if it were a state of the United States for the purpose of
 4    applying Articles 1 and 2.
 5        (b)   Except  as  otherwise provided in subsection (c), a
 6    child-custody determination made in a foreign  country  under
 7    factual  circumstances  in  substantial  conformity  with the
 8    jurisdictional standards of this Act must be  recognized  and
 9    enforced under Article 3.
10        (c)  A court of this State need not apply this Act if the
11    child  custody  law of a foreign country violates fundamental
12    principles of human rights.

13        Section 106.  Effect Of Child-Custody  Determination.   A
14    child-custody  determination  made  by  a court of this State
15    that had jurisdiction under this Act binds  all  persons  who
16    have been served in accordance with the laws of this State or
17    notified in accordance with Section 108 or who have submitted
18    to  the jurisdiction of the court, and who have been given an
19    opportunity  to  be  heard.   As  to   those   persons,   the
20    determination  is  conclusive as to all decided issues of law
21    and fact except to the extent the determination is modified.

22        Section 107.  Priority.  If a question  of  existence  or
23    exercise  of  jurisdiction  under  this  Act  is  raised in a
24    child-custody proceeding, the question,  upon  request  of  a
25    party,  must  be  given  priority on the calendar and handled
26    expeditiously.

27        Section 108.  Notice To Persons Outside State.
28        (a)  Notice required for  the  exercise  of  jurisdiction
29    when  a person is outside this State may be given in a manner
30    prescribed by the law of this State for service of process or
31    by the law of the state in which the service is made.  Notice
 
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 1    must be given in  a  manner  reasonably  calculated  to  give
 2    actual  notice  but  may be by publication if other means are
 3    not effective.
 4        (b)   Proof  of  service  may  be  made  in  the   manner
 5    prescribed  by  the  law  of  this State or by the law of the
 6    state in which the service is made.
 7        (c)   Notice  is  not  required  for  the   exercise   of
 8    jurisdiction  with  respect  to  a  person who submits to the
 9    jurisdiction of the court.

10        Section 109.  Appearance And Limited Immunity.
11        (a)  A party to a child-custody proceeding,  including  a
12    modification  proceeding,  or a petitioner or respondent in a
13    proceeding   to   enforce   or   register   a   child-custody
14    determination, is not subject  to  personal  jurisdiction  in
15    this State for another proceeding or purpose solely by reason
16    of  having participated, or of having been physically present
17    for the purpose of participating, in the proceeding.
18        (b)  A person who is subject to personal jurisdiction  in
19    this  State  on  a  basis other than physical presence is not
20    immune from service  of  process  in  this  State.   A  party
21    present  in  this State who is subject to the jurisdiction of
22    another state is not immune from service of process allowable
23    under the laws of that state.
24        (c)  The immunity granted  by  subsection  (a)  does  not
25    extend  to  civil  litigation  based on acts unrelated to the
26    participation in a proceeding under this Act committed by  an
27    individual while present in this State.

28        Section 110.  Communication Between Courts.
29        (a)   A  court of this State may communicate with a court
30    in another state concerning a proceeding arising  under  this
31    Act.
32        (b)   The  court  may allow the parties to participate in
 
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 1    the  communication.   If  the  parties  are   not   able   to
 2    participate  in  the  communication,  they  must be given the
 3    opportunity to present facts and  legal  arguments  before  a
 4    decision on jurisdiction is made.
 5        (c)    Communication   between   courts   on   schedules,
 6    calendars,  court  records,  and  similar  matters  may occur
 7    without informing the parties.  A record need not be made  of
 8    the communication.
 9        (d)   Except  as  otherwise provided in subsection (c), a
10    record must be made of a communication  under  this  Section.
11    The  parties  must  be informed promptly of the communication
12    and granted access to the record.
13        (e)  For the purposes of  this  Section,  "record"  means
14    information that is inscribed on a tangible medium or that is
15    stored in an electronic or other medium and is retrievable in
16    perceivable form.

17        Section 111.  Taking Testimony In Another State.
18        (a)   In  addition  to  other  procedures  available to a
19    party, a  party  to  a  child-custody  proceeding  may  offer
20    testimony  of  witnesses  who  are  located in another state,
21    including  testimony  of  the  parties  and  the  child,   by
22    deposition  or  other  means  allowable  in  this  State  for
23    testimony  taken  in  another  state.   The  court on its own
24    motion may order that the testimony of a person be  taken  in
25    another  state  and may prescribe the manner in which and the
26    terms upon which the testimony is taken.
27        (b)  A court of  this  State  may  permit  an  individual
28    residing  in  another  state  to  be deposed or to testify by
29    telephone,  audiovisual  means,  or  other  electronic  means
30    before a designated court or  at  another  location  in  that
31    state.   A court of this State shall cooperate with courts of
32    other states in designating an appropriate location  for  the
33    deposition or testimony.
 
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 1        (c)   Documentary evidence transmitted from another state
 2    to a court of this State by technological means that  do  not
 3    produce an original writing may not be excluded from evidence
 4    on an objection based on the means of transmission.

 5        Section 112.  Cooperation Between Courts; Preservation Of
 6    Records.
 7        (a)   A  court  of this State may request the appropriate
 8    court of another state to:
 9             (1) hold an evidentiary hearing;
10             (2) order a  person  to  produce  or  give  evidence
11        pursuant to procedures of that state;
12             (3) order that an evaluation be made with respect to
13        the custody of a child involved in a pending proceeding;
14             (4)  forward  to the court of this State a certified
15        copy of the transcript of the record of the hearing,  the
16        evidence otherwise presented, and any evaluation prepared
17        in compliance with the request; and
18             (5)  order  a party to a child-custody proceeding or
19        any person having physical custody of the child to appear
20        in the proceeding with or without the child.
21        (b)  Upon request of a court of another state, a court of
22    this State may hold a hearing or enter an order described  in
23    subsection (a).
24        (c)   Travel  and other necessary and reasonable expenses
25    incurred under  subsections  (a)  and  (b)  may  be  assessed
26    against the parties according to the law of this State.
27        (d)   A court of this State shall preserve the pleadings,
28    orders, decrees, records of hearings, evaluations, and  other
29    pertinent  records with respect to a child-custody proceeding
30    until the child attains 18 years of  age.   Upon  appropriate
31    request  by  a  court  or law enforcement official of another
32    state, the court shall forward  a  certified  copy  of  those
33    records.
 
HB1157 Engrossed            -8-      LRB093 02458 DRJ 02468 b
 1                              ARTICLE 2
 2                            JURISDICTION

 3        Section 201.  Initial Child-Custody Jurisdiction.
 4        (a)  Except as otherwise provided in Section 204, a court
 5    of   this   State   has   jurisdiction  to  make  an  initial
 6    child-custody determination only if:
 7             (1) this State is the home state of the child on the
 8        date of the commencement of the proceeding,  or  was  the
 9        home  state  of  the  child  within six months before the
10        commencement of the proceeding and the  child  is  absent
11        from this State but a parent or person acting as a parent
12        continues to live in this State;
13             (2)   a   court  of  another  state  does  not  have
14        jurisdiction under paragraph (1), or a court of the  home
15        state  of the child has declined to exercise jurisdiction
16        on the ground that this State  is  the  more  appropriate
17        forum under Section 207 or 208, and:
18                  (A)  the  child and the child's parents, or the
19             child and at least one parent or a person acting  as
20             a  parent,  have  a significant connection with this
21             State other than mere physical presence; and
22                  (B) substantial evidence is available  in  this
23             State   concerning  the  child's  care,  protection,
24             training, and personal relationships;
25             (3) all courts having jurisdiction  under  paragraph
26        (1)  or (2) have declined to exercise jurisdiction on the
27        ground that a court of this State is the more appropriate
28        forum to determine the custody of the child under Section
29        207 or 208; or
30             (4)  no  court  of  any  other  state   would   have
31        jurisdiction  under  the  criteria specified in paragraph
32        (1), (2), or (3).
33        (b)  Subsection (a) is the exclusive jurisdictional basis
 
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 1    for making a child-custody determination by a court  of  this
 2    State.
 3        (c)  Physical presence of, or personal jurisdiction over,
 4    a  party  or a child is not necessary or sufficient to make a
 5    child-custody determination.

 6        Section 202.  Exclusive, Continuing Jurisdiction.
 7        (a)  Except as otherwise provided in Section 204, a court
 8    of this State which has made  a  child-custody  determination
 9    consistent  with Section 201 or 203 has exclusive, continuing
10    jurisdiction over the determination until:
11             (1) a court of this State  determines  that  neither
12        the  child, the child's parents, and any person acting as
13        a parent do not have a significant connection  with  this
14        State   and   that  substantial  evidence  is  no  longer
15        available in this  State  concerning  the  child's  care,
16        protection, training, and personal relationships; or
17             (2)  a  court  of  this  State or a court of another
18        state determines that the child, the child's parents, and
19        any person acting as a parent do not presently reside  in
20        this State.
21        (b)  A court of this State which has made a child-custody
22    determination   and   does  not  have  exclusive,  continuing
23    jurisdiction under this Section may modify that determination
24    only if it has jurisdiction to make an initial  determination
25    under Section 201.

26        Section   203.   Jurisdiction  To  Modify  Determination.
27    Except as otherwise provided in Section 204, a court of  this
28    State  may not modify a child-custody determination made by a
29    court of another state unless  a  court  of  this  State  has
30    jurisdiction  to  make an initial determination under Section
31    201(a)(1) or (2) and:
32             (1)  the court of the other state determines  it  no
 
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 1        longer   has  exclusive,  continuing  jurisdiction  under
 2        Section 202 or that a court of this State would be a more
 3        convenient forum under Section 207; or
 4             (2)  a court of this State or a court of  the  other
 5        state determines that the child, the child's parents, and
 6        any  person acting as a parent do not presently reside in
 7        the other state.

 8        Section 204.  Temporary Emergency Jurisdiction.
 9        (a)  A  court  of  this  State  has  temporary  emergency
10    jurisdiction  if  the  child is present in this State and the
11    child has been abandoned or it is necessary in  an  emergency
12    to  protect  the  child  because  the  child, or a sibling or
13    parent of the child,  is  subjected  to  or  threatened  with
14    mistreatment or abuse.
15        (b)   If there is no previous child-custody determination
16    that is  entitled  to  be  enforced  under  this  Act  and  a
17    child-custody proceeding has not been commenced in a court of
18    a state having jurisdiction under Sections 201 through 203, a
19    child-custody  determination  made under this Section remains
20    in effect until an order is obtained from a court of a  state
21    having  jurisdiction  under  Sections  201 through 203.  If a
22    child-custody proceeding has not been or is not commenced  in
23    a  court  of  a  state having jurisdiction under Sections 201
24    through 203, a child-custody determination  made  under  this
25    Section  becomes a final determination, if it so provides and
26    this State becomes the home state of the child.
27        (c)  If there is a previous  child-custody  determination
28    that  is  entitled  to  be  enforced  under  this  Act,  or a
29    child-custody proceeding has been commenced in a court  of  a
30    state having jurisdiction under Sections 201 through 203, any
31    order issued by a court of this State under this Section must
32    specify  in  the  order  a  period  that  the court considers
33    adequate to allow the person seeking an order  to  obtain  an
 
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 1    order  from  the state having jurisdiction under Sections 201
 2    through 203.  The order  issued  in  this  State  remains  in
 3    effect until an order is obtained from the other state within
 4    the period specified or the period expires.
 5        (d)  A court of this State which has been asked to make a
 6    child-custody  determination  under  this Section, upon being
 7    informed that a child-custody proceeding has  been  commenced
 8    in,  or  a  child-custody  determination  has been made by, a
 9    court of a  state  having  jurisdiction  under  Sections  201
10    through  203,  shall  immediately  communicate with the other
11    court.   A  court  of  this   State   which   is   exercising
12    jurisdiction pursuant to Sections 201 through 203, upon being
13    informed  that  a child-custody proceeding has been commenced
14    in, or a child-custody determination  has  been  made  by,  a
15    court  of  another  state  under  a  statute  similar to this
16    Section shall immediately communicate with the court of  that
17    state  to  resolve  the  emergency, protect the safety of the
18    parties and  the  child,  and  determine  a  period  for  the
19    duration of the temporary order.

20        Section 205.  Notice; Opportunity To Be Heard; Joinder.
21        (a)   Before  a child-custody determination is made under
22    this Act, notice and an opportunity to be heard in accordance
23    with the standards of  Section  108  must  be  given  to  all
24    persons  entitled to notice under the law of this State as in
25    child-custody proceedings between residents  of  this  State,
26    any  parent  whose  parental  rights have not been previously
27    terminated, and any person having  physical  custody  of  the
28    child.
29        (b)   This  Act  does  not govern the enforceability of a
30    child-custody  determination  made  without  notice   or   an
31    opportunity to be heard.
32        (c)   The  obligation  to  join  a party and the right to
33    intervene as a party in a child-custody proceeding under this
 
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 1    Act are governed by the law of this State as in child-custody
 2    proceedings between residents of this State.

 3        Section 206.  Simultaneous Proceedings.
 4        (a)  Except as otherwise provided in Section 204, a court
 5    of this State may not exercise its  jurisdiction  under  this
 6    Article   if,   at  the  time  of  the  commencement  of  the
 7    proceeding, a proceeding concerning the custody of the  child
 8    has  been  commenced  in  a  court  of  another  state having
 9    jurisdiction  substantially  in  conformity  with  this  Act,
10    unless the proceeding has been terminated or is stayed by the
11    court of the other state because a court of this State  is  a
12    more convenient forum under Section 207.
13        (b)  Except as otherwise provided in Section 204, a court
14    of  this  State,  before  hearing a child-custody proceeding,
15    shall examine  the  court  documents  and  other  information
16    supplied  by  the  parties  pursuant  to Section 209.  If the
17    court determines that a  child-custody  proceeding  has  been
18    commenced  in  a  court  in another state having jurisdiction
19    substantially in accordance with this Act, the court of  this
20    State  shall  stay  its  proceeding  and communicate with the
21    court of the other state.  If the court of the  state  having
22    jurisdiction  substantially  in accordance with this Act does
23    not determine  that  the  court  of  this  State  is  a  more
24    appropriate  forum, the court of this State shall dismiss the
25    proceeding.
26        (c)   In  a  proceeding   to   modify   a   child-custody
27    determination,  a court of this State shall determine whether
28    a proceeding to enforce the determination has been  commenced
29    in another state.  If a proceeding to enforce a child-custody
30    determination  has been commenced in another state, the court
31    may:
32             (1) stay the proceeding for modification pending the
33        entry  of  an  order  of  a  court  of  the  other  state
 
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 1        enforcing, staying, denying, or dismissing the proceeding
 2        for enforcement;
 3             (2) enjoin the  parties  from  continuing  with  the
 4        proceeding for enforcement; or
 5             (3)  proceed  with the modification under conditions
 6        it considers appropriate.

 7        Section 207.  Inconvenient Forum.
 8        (a)  A court of this State which has  jurisdiction  under
 9    this Act to make a child-custody determination may decline to
10    exercise  its  jurisdiction at any time if it determines that
11    it is an inconvenient forum under the circumstances and  that
12    a  court  of  another state is a more appropriate forum.  The
13    issue of inconvenient forum may be raised upon  motion  of  a
14    party, the court's own motion, or request of another court.
15        (b)   Before  determining  whether  it is an inconvenient
16    forum, a court of this State shall  consider  whether  it  is
17    appropriate   for  a  court  of  another  state  to  exercise
18    jurisdiction.  For this purpose, the court  shall  allow  the
19    parties to submit information and shall consider all relevant
20    factors, including:
21             (1)  whether  domestic  violence has occurred and is
22        likely to continue in the future and  which  state  could
23        best protect the parties and the child;
24             (2) the length of time the child has resided outside
25        this State;
26             (3) the distance between the court in this State and
27        the court in the state that would assume jurisdiction;
28             (4)  the  relative  financial  circumstances  of the
29        parties;
30             (5) any agreement of the parties as to  which  state
31        should assume jurisdiction;
32             (6) the nature and location of the evidence required
33        to resolve the pending litigation, including testimony of
 
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 1        the child;
 2             (7) the ability of the court of each state to decide
 3        the  issue  expeditiously and the procedures necessary to
 4        present the evidence; and
 5             (8) the familiarity of the court of each state  with
 6        the facts and issues in the pending litigation.
 7        (c)   If  a  court of this State determines that it is an
 8    inconvenient forum and that a court of  another  state  is  a
 9    more  appropriate  forum,  it shall stay the proceedings upon
10    condition  that  a  child-custody  proceeding   be   promptly
11    commenced  in  another  designated  state  and may impose any
12    other condition the court considers just and proper.
13        (d)  A court of this State may decline  to  exercise  its
14    jurisdiction  under this Act if a child-custody determination
15    is incidental to an action for divorce or another  proceeding
16    while  still retaining jurisdiction over the divorce or other
17    proceeding.

18        Section 208.  Jurisdiction Declined By Reason Of Conduct.
19        (a)  Except as otherwise provided in Section  204  or  by
20    other  law  of  this  State,  if  a  court  of this State has
21    jurisdiction under this  Act  because  a  person  seeking  to
22    invoke its jurisdiction has engaged in unjustifiable conduct,
23    the court shall decline to exercise its jurisdiction unless:
24             (1)  the  parents  and all persons acting as parents
25        have acquiesced in the exercise of jurisdiction;
26             (2)  a  court  of   the   state   otherwise   having
27        jurisdiction  under  Sections  201 through 203 determines
28        that this State is a more appropriate forum under Section
29        207; or
30             (3)  no  court  of  any  other  state   would   have
31        jurisdiction under the criteria specified in Sections 201
32        through 203.
33        (b)   If  a  court of this State declines to exercise its
 
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 1    jurisdiction pursuant to subsection (a), it  may  fashion  an
 2    appropriate  remedy  to  ensure  the  safety of the child and
 3    prevent a repetition of the unjustifiable conduct,  including
 4    staying  the  proceeding  until a child-custody proceeding is
 5    commenced in a court having jurisdiction under  Sections  201
 6    through 203.
 7        (c)    If  a  court  dismisses  a  petition  or  stays  a
 8    proceeding because it declines to exercise  its  jurisdiction
 9    pursuant to subsection (a), it shall assess against the party
10    seeking  to  invoke its jurisdiction necessary and reasonable
11    expenses including costs, communication expenses,  attorney's
12    fees,  investigative  fees,  expenses  for  witnesses, travel
13    expenses,  and  child  care  during   the   course   of   the
14    proceedings,  unless  the  party  from  whom  fees are sought
15    establishes   that   the   assessment   would   be    clearly
16    inappropriate.   The  court  may  not  assess fees, costs, or
17    expenses against this State unless authorized  by  law  other
18    than this Act.

19        Section 209.  Information To Be Submitted To Court.
20        (a)    Subject   to  any  other  law  providing  for  the
21    confidentiality   of   procedures,   addresses,   and   other
22    identifying information, in a child-custody proceeding,  each
23    party,  in  its  first  pleading or in an attached affidavit,
24    shall give information, if  reasonably  ascertainable,  under
25    oath  as  to  the child's present address or whereabouts, the
26    places where the child has lived during the last five  years,
27    and  the names and present addresses of the persons with whom
28    the child has lived during  that  period.   The  pleading  or
29    affidavit must state whether the party:
30             (1)  has  participated,  as a party or witness or in
31        any other capacity, in any  other  proceeding  concerning
32        the  custody  of or visitation with the child and, if so,
33        identify the court, the case number, and the date of  the
 
HB1157 Engrossed            -16-     LRB093 02458 DRJ 02468 b
 1        child-custody determination, if any;
 2             (2)  knows  of  any proceeding that could affect the
 3        current proceeding, including proceedings for enforcement
 4        and proceedings relating to domestic violence, protective
 5        orders, termination of  parental  rights,  and  adoptions
 6        and,  if so, identify the court, the case number, and the
 7        nature of the proceeding; and
 8             (3) knows the names and addresses of any person  not
 9        a party to the proceeding who has physical custody of the
10        child  or  claims  rights  of  legal  custody or physical
11        custody of, or visitation with, the child and, if so, the
12        names and addresses of those persons.
13        (b)  If the information required by subsection (a) is not
14    furnished, the court, upon motion  of  a  party  or  its  own
15    motion,  may  stay  the  proceeding  until the information is
16    furnished.
17        (c)  If the declaration as to any of the items  described
18    in  subsection  (a)(1) through (3) is in the affirmative, the
19    declarant shall give additional  information  under  oath  as
20    required  by  the  court.   The court may examine the parties
21    under oath as to details of  the  information  furnished  and
22    other  matters  pertinent to the court's jurisdiction and the
23    disposition of the case.
24        (d)  Each party has a continuing duty to inform the court
25    of any proceeding in this  or  any  other  state  that  could
26    affect the current proceeding.
27        (e)  (Blank).

28        Section 210.  Appearance Of Parties And Child.
29        (a)   In  a  child-custody  proceeding in this State, the
30    court may order a party to the  proceeding  who  is  in  this
31    State  to  appear  before the court in person with or without
32    the child.  The court may order any person  who  is  in  this
33    State and who has physical custody or control of the child to
 
HB1157 Engrossed            -17-     LRB093 02458 DRJ 02468 b
 1    appear in person with the child.
 2        (b)   If  a  party  to  a  child-custody proceeding whose
 3    presence is desired by the court is outside this  State,  the
 4    court  may  order that a notice given pursuant to Section 108
 5    include a statement directing the party to appear  in  person
 6    with  or  without  the  child  and  informing  the party that
 7    failure to appear may result in a  decision  adverse  to  the
 8    party.
 9        (c)   The  court may enter any orders necessary to ensure
10    the safety of the child and of any person ordered  to  appear
11    under this Section.
12        (d)   If  a  party  to  a child-custody proceeding who is
13    outside this State is directed to appear under subsection (b)
14    or desires to appear personally  before  the  court  with  or
15    without the child, the court may require another party to pay
16    reasonable  and  necessary  travel  and other expenses of the
17    party so appearing and of the child.

18                              ARTICLE 3
19                             ENFORCEMENT

20        Section 301.  Definitions.  In this Article:
21        (1)  "Petitioner" means a person who seeks enforcement of
22    an order for return of a child under the Hague Convention  on
23    the   Civil  Aspects  of  International  Child  Abduction  or
24    enforcement of a child-custody determination.
25        (2)   "Respondent"  means  a  person   against   whom   a
26    proceeding has been commenced for enforcement of an order for
27    return  of  a  child  under the Hague Convention on the Civil
28    Aspects of International Child Abduction or enforcement of  a
29    child-custody determination.

30        Section  302.  Enforcement Under Hague Convention.  Under
31    this Article a court of this State may enforce an  order  for
 
HB1157 Engrossed            -18-     LRB093 02458 DRJ 02468 b
 1    the  return  of  the child made under the Hague Convention on
 2    the Civil Aspects of International Child Abduction as  if  it
 3    were a child-custody determination.

 4        Section 303.  Duty To Enforce.
 5        (a)   A court of this State shall recognize and enforce a
 6    child-custody determination of a court of  another  state  if
 7    the   latter  court  exercised  jurisdiction  in  substantial
 8    conformity with this Act or the determination was made  under
 9    factual circumstances meeting the jurisdictional standards of
10    this  Act  and  the  determination  has  not been modified in
11    accordance with this Act.
12        (b)  A  court  of  this  State  may  utilize  any  remedy
13    available  under  other  law  of  this  State  to  enforce  a
14    child-custody determination made by a court of another state.
15    The  remedies  provided in this Article are cumulative and do
16    not affect the availability of other remedies  to  enforce  a
17    child-custody determination.

18        Section 304.  Temporary Visitation.
19        (a)    A   court  of  this  State  which  does  not  have
20    jurisdiction to modify  a  child-custody  determination,  may
21    issue a temporary order enforcing:
22             (1) a visitation schedule made by a court of another
23        state; or
24             (2)  the  visitation  provisions  of a child-custody
25        determination of another state that does not provide  for
26        a specific visitation schedule.
27        (b)   If  a  court  of  this  State  makes an order under
28    subsection (a)(2), it shall specify in  the  order  a  period
29    that  it considers adequate to allow the petitioner to obtain
30    an order from a court having jurisdiction under the  criteria
31    specified in Article 2.  The order remains in effect until an
32    order is obtained from the other court or the period expires.
 
HB1157 Engrossed            -19-     LRB093 02458 DRJ 02468 b
 1        Section     305.      Registration    Of    Child-Custody
 2    Determination.
 3        (a)  A child-custody determination issued by a  court  of
 4    another  state  may  be  registered  in  this  State, with or
 5    without a simultaneous request for enforcement, by sending to
 6    the circuit court in this State:
 7             (1)  a   letter   or   other   document   requesting
 8        registration;
 9             (2) two copies, including one certified copy, of the
10        determination  sought  to  be registered, and a statement
11        under  penalty  of  perjury  that  to  the  best  of  the
12        knowledge and belief of the person  seeking  registration
13        the order has not been modified; and
14             (3) except as otherwise provided in Section 209, the
15        name  and  address of the person seeking registration and
16        any parent or person acting as  a  parent  who  has  been
17        awarded   custody  or  visitation  in  the  child-custody
18        determination sought to be registered.
19        (b)  On receipt of the documents required  by  subsection
20    (a), the registering court shall:
21             (1) cause the determination to be filed as a foreign
22        judgment,  together  with  one  copy  of any accompanying
23        documents and information, regardless of their form; and
24             (2) serve notice upon the persons named pursuant  to
25        subsection (a)(3) and provide them with an opportunity to
26        contest the registration in accordance with this Section.
27        (c)   The notice required by subsection (b)(2) must state
28    that:
29             (1) a registered determination is enforceable as  of
30        the  date  of  the  registration  in the same manner as a
31        determination issued by a court of this State;
32             (2)  a  hearing  to  contest  the  validity  of  the
33        registered determination must be requested within 20 days
34        after service of notice; and
 
HB1157 Engrossed            -20-     LRB093 02458 DRJ 02468 b
 1             (3) failure to contest the registration will  result
 2        in  confirmation  of  the child-custody determination and
 3        preclude  further  contest  of  that  determination  with
 4        respect to any matter that could have been asserted.
 5        (d)  A person  seeking  to  contest  the  validity  of  a
 6    registered  order must request a hearing within 20 days after
 7    service of the notice.  At  that  hearing,  the  court  shall
 8    confirm  the  registered  order  unless the person contesting
 9    registration establishes that:
10             (1) the issuing  court  did  not  have  jurisdiction
11        under Article 2;
12             (2)  the  child-custody  determination  sought to be
13        registered has been vacated, stayed,  or  modified  by  a
14        court having jurisdiction to do so under Article 2; or
15             (3)  the person contesting registration was entitled
16        to notice, but notice was not given  in  accordance  with
17        the  standards  of Section 108, in the proceedings before
18        the court that issued the order for which registration is
19        sought.
20        (e)  If a timely request for a  hearing  to  contest  the
21    validity of the registration is not made, the registration is
22    confirmed  as  a  matter  of  law  and  the person requesting
23    registration and all persons served must be notified  of  the
24    confirmation.
25        (f)   Confirmation  of  a  registered  order,  whether by
26    operation of law  or  after  notice  and  hearing,  precludes
27    further  contest of the order with respect to any matter that
28    could have been asserted at the time of registration.

29        Section 306.  Enforcement Of Registered Determination.
30        (a)  A court of this State may grant any relief  normally
31    available under the law of this State to enforce a registered
32    child-custody determination made by a court of another state.
33        (b)   A  court of this State shall recognize and enforce,
 
HB1157 Engrossed            -21-     LRB093 02458 DRJ 02468 b
 1    but may not modify, except in accordance with  Article  2,  a
 2    registered  child-custody determination of a court of another
 3    state.

 4        Section 307.  Simultaneous Proceedings.  If a  proceeding
 5    for enforcement under this Article is commenced in a court of
 6    this  State  and  the  court  determines that a proceeding to
 7    modify the determination is pending in  a  court  of  another
 8    state  having  jurisdiction to modify the determination under
 9    Article 2, the enforcing court shall immediately  communicate
10    with  the  modifying  court.  The  proceeding for enforcement
11    continues unless the enforcing court, after consultation with
12    the modifying court, stays or dismisses the proceeding.

13        Section  308.   Expedited  Enforcement  Of  Child-Custody
14    Determination.
15        (a)  A petition under  this  Article  must  be  verified.
16    Certified  copies  of all orders sought to be enforced and of
17    any order confirming registration must  be  attached  to  the
18    petition.   A  copy  of  a  certified copy of an order may be
19    attached instead of the original.
20        (b)   A  petition  for  enforcement  of  a  child-custody
21    determination must state:
22             (1) whether the court that issued the  determination
23        identified  the  jurisdictional  basis  it relied upon in
24        exercising jurisdiction and, if so, what the basis was;
25             (2) whether the determination for which  enforcement
26        is  sought  has  been  vacated,  stayed, or modified by a
27        court whose decision must be enforced under this Act and,
28        if so, identify the  court,  the  case  number,  and  the
29        nature of the proceeding;
30             (3)  whether  any proceeding has been commenced that
31        could   affect   the   current   proceeding,    including
32        proceedings  relating  to  domestic  violence, protective
 
HB1157 Engrossed            -22-     LRB093 02458 DRJ 02468 b
 1        orders, termination of  parental  rights,  and  adoptions
 2        and,  if so, identify the court, the case number, and the
 3        nature of the proceeding;
 4             (4) the present physical address of  the  child  and
 5        the respondent, if known;
 6             (5)  whether  relief  in  addition  to the immediate
 7        physical custody of the  child  and  attorney's  fees  is
 8        sought,  including  a  request  for  assistance  from law
 9        enforcement officials and, if so, the relief sought; and
10             (6) if  the  child-custody  determination  has  been
11        registered  and confirmed under Section 305, the date and
12        place of registration.
13        (c)  Upon the filing of a petition, the court shall issue
14    an order directing the respondent to appear in person with or
15    without the child at  a  hearing  and  may  enter  any  order
16    necessary  to ensure the safety of the parties and the child.
17    The hearing must be held  on  the  next  judicial  day  after
18    service of the order unless that date is impossible.  In that
19    event, the court shall hold the hearing on the first judicial
20    day  possible.   The  court may extend the date of hearing at
21    the request of the petitioner.
22        (d)  An order issued under subsection (c) must state  the
23    time  and place of the hearing and advise the respondent that
24    at the hearing the court will order that the  petitioner  may
25    take  immediate physical custody of the child and the payment
26    of fees, costs, and  expenses  under  Section  312,  and  may
27    schedule  a  hearing  to  determine whether further relief is
28    appropriate, unless the respondent  appears  and  establishes
29    that:
30             (1)  the  child-custody  determination  has not been
31        registered and confirmed under Section 305 and that:
32                  (A) the issuing court did not have jurisdiction
33             under Article 2;
34                  (B) the child-custody determination  for  which
 
HB1157 Engrossed            -23-     LRB093 02458 DRJ 02468 b
 1             enforcement  is  sought has been vacated, stayed, or
 2             modified by a court having  jurisdiction  to  do  so
 3             under Article 2;
 4                  (C)  the respondent was entitled to notice, but
 5             notice  was  not  given  in  accordance   with   the
 6             standards  of Section 108, in the proceedings before
 7             the  court  that  issued   the   order   for   which
 8             enforcement is sought; or
 9             (2)   the   child-custody  determination  for  which
10        enforcement is sought was registered and confirmed  under
11        Section 304, but has been vacated, stayed, or modified by
12        a  court  of  a  state having jurisdiction to do so under
13        Article 2.

14        Section 309.  Service Of Petition And Order.   Except  as
15    otherwise  provided  in  Section  311, the petition and order
16    must be served, by any method authorized by the law  of  this
17    State,  upon  respondent  and  any  person  who  has physical
18    custody of the child.

19        Section 310.  Hearing And Order.
20        (a)  Unless the court issues a temporary emergency  order
21    pursuant  to Section 204, upon a finding that a petitioner is
22    entitled to immediate physical  custody  of  the  child,  the
23    court  shall  order  that  the  petitioner may take immediate
24    physical  custody  of  the  child   unless   the   respondent
25    establishes that:
26             (1)  the  child-custody  determination  has not been
27        registered and confirmed under Section 305 and that:
28                  (A) the issuing court did not have jurisdiction
29             under Article 2;
30                  (B) the child-custody determination  for  which
31             enforcement  is  sought has been vacated, stayed, or
32             modified by a court of a state  having  jurisdiction
 
HB1157 Engrossed            -24-     LRB093 02458 DRJ 02468 b
 1             to do so under Article 2; or
 2                  (C)  the respondent was entitled to notice, but
 3             notice  was  not  given  in  accordance   with   the
 4             standards  of Section 108, in the proceedings before
 5             the  court  that  issued   the   order   for   which
 6             enforcement is sought; or
 7             (2)   the   child-custody  determination  for  which
 8        enforcement is sought was registered and confirmed  under
 9        Section  305 but has been vacated, stayed, or modified by
10        a court of a state having jurisdiction  to  do  so  under
11        Article 2.
12        (b)   The court shall award the fees, costs, and expenses
13    authorized under Section 312 and may grant additional relief,
14    including a request for the  assistance  of  law  enforcement
15    officials,  and  set  a  further hearing to determine whether
16    additional relief is appropriate.
17        (c)  If a party called to testify refuses  to  answer  on
18    the  ground that the testimony may be self-incriminating, the
19    court may draw an adverse inference from the refusal.
20        (d)  A privilege  against  disclosure  of  communications
21    between  spouses  and  a  defense  of  immunity  based on the
22    relationship of husband and wife or parent and child may  not
23    be invoked in a proceeding under this Article.

24        Section 311.  Warrant To Take Physical Custody Of Child.
25        (a)  Upon the filing of a petition seeking enforcement of
26    a  child-custody  determination,  the  petitioner  may file a
27    verified application for the issuance of a  warrant  to  take
28    physical  custody  of  the  child if the child is immediately
29    likely to suffer serious physical harm  or  be  removed  from
30    this State.
31        (b)   If  the court, upon the testimony of the petitioner
32    or other witness, finds that the child is  imminently  likely
33    to  suffer  serious   physical  harm  or be removed from this
 
HB1157 Engrossed            -25-     LRB093 02458 DRJ 02468 b
 1    State, it may issue a warrant to take physical custody of the
 2    child.  The petition must be heard on the next  judicial  day
 3    after the warrant is executed unless that date is impossible.
 4    In  that event, the court shall hold the hearing on the first
 5    judicial day possible.  The application for the warrant  must
 6    include the statements required by Section 308(b).
 7        (c)  A warrant to take physical custody of a child must:
 8             (1)  recite  the  facts  upon  which a conclusion of
 9        imminent  serious  physical  harm  or  removal  from  the
10        jurisdiction is based;
11             (2) direct law enforcement officers to take physical
12        custody of the child immediately; and
13             (3) provide for the placement of the  child  pending
14        final relief.
15        (d)   The  respondent  must  be served with the petition,
16    warrant, and order immediately after the child is taken  into
17    physical custody.
18        (e)   A  warrant  to  take physical custody of a child is
19    enforceable throughout this State.  If the court finds on the
20    basis of the testimony of the  petitioner  or  other  witness
21    that  a  less  intrusive  remedy  is  not  effective,  it may
22    authorize law enforcement officers to enter private  property
23    to  take  physical  custody  of  the  child.   If required by
24    exigent circumstances of the case, the  court  may  authorize
25    law  enforcement  officers  to  make  a forcible entry at any
26    hour.
27        (f)  The court may impose conditions upon placement of  a
28    child  to  ensure the appearance of the child and the child's
29    custodian.

30        Section 312.  Costs, Fees, And Expenses.
31        (a)   The  court  shall  award  the   prevailing   party,
32    including a state, necessary and reasonable expenses incurred
33    by  or on behalf of the party, including costs, communication
 
HB1157 Engrossed            -26-     LRB093 02458 DRJ 02468 b
 1    expenses, attorney's fees, investigative fees,  expenses  for
 2    witnesses,  travel expenses, and child care during the course
 3    of the proceedings,  unless  the  party  from  whom  fees  or
 4    expenses  are  sought  establishes  that  the  award would be
 5    clearly inappropriate.
 6        (b)  The court may not assess fees,  costs,  or  expenses
 7    against a state unless authorized by law other than this Act.

 8        Section  313.   Recognition  And Enforcement.  A court of
 9    this State shall accord full faith and  credit  to  an  order
10    issued  by  another  state and consistent with this Act which
11    enforces a child-custody determination by a court of  another
12    state  unless the order has been vacated, stayed, or modified
13    by a court having jurisdiction to do so under Article 2.

14        Section 314.  Appeals.  An appeal may  be  taken  from  a
15    final  order in a proceeding under this Article in accordance
16    with expedited appellate  procedures  which  are  or  may  be
17    established by Supreme Court Rule.  Unless the court enters a
18    temporary  emergency  order  under Section 204, the enforcing
19    court  may  not  stay  an  order  enforcing  a  child-custody
20    determination pending appeal.

21        Section 315.  Role Of State's Attorney.
22        (a)  In a case arising under this Act  or  involving  the
23    Hague  Convention on the Civil Aspects of International Child
24    Abduction, the State's Attorney or other  appropriate  public
25    official  may  take  any lawful action, including resort to a
26    proceeding under this Article or any  other  available  civil
27    proceeding  to  locate a child, obtain the return of a child,
28    or enforce a child-custody determination if there is:
29             (1) an existing child-custody determination;
30             (2) a request to do so from a  court  in  a  pending
31        child-custody proceeding;
 
HB1157 Engrossed            -27-     LRB093 02458 DRJ 02468 b
 1             (3)  a reasonable belief that a criminal statute has
 2        been violated; or
 3             (4) a reasonable belief  that  the  child  has  been
 4        wrongfully  removed or retained in violation of the Hague
 5        Convention on the Civil Aspects  of  International  Child
 6        Abduction.
 7        (b)  A  State's  Attorney  or appropriate public official
 8    acting under this Section acts on behalf of the court and may
 9    not represent any party.

10        Section 316.  Role Of Law Enforcement.  At the request of
11    a State's  Attorney  or  other  appropriate  public  official
12    acting  under Section 315, a law enforcement officer may take
13    any lawful action reasonably necessary to locate a child or a
14    party and assist a State's  Attorney  or  appropriate  public
15    official with responsibilities under Section 315.

16        Section  317.   Costs And Expenses.  If the respondent is
17    not the prevailing party, the court may  assess  against  the
18    respondent  all  direct  expenses  and  costs incurred by the
19    State's Attorney or other appropriate public official and law
20    enforcement officers under Section 315 or 316.

21                              ARTICLE 4
22                      MISCELLANEOUS PROVISIONS

23        Section 401.  Application And Construction.  In  applying
24    and  construing this Uniform Act, consideration must be given
25    to the need to promote uniformity of the law with respect  to
26    its subject matter among states that enact it.

27        Section  402.   Severability Clause.  If any provision of
28    this Act or its application to any person or circumstance  is
29    held invalid, the invalidity does not affect other provisions
 
HB1157 Engrossed            -28-     LRB093 02458 DRJ 02468 b
 1    or applications of this Act which can be given effect without
 2    the  invalid  provision  or  application, and to this end the
 3    provisions of this Act are severable.

 4        Section 402.1.  The Illinois Public Aid Code  is  amended
 5    by changing Section 10-3.2 as follows:

 6        (305 ILCS 5/10-3.2) (from Ch. 23, par. 10-3.2)
 7        Sec.  10-3.2.   Parent  Locator  Service.   The  Illinois
 8    Department  through  its  Child and Spouse Support Unit shall
 9    enter into agreements with the Secretary of Health and  Human
10    Services  or  his  designee  under  which the services of the
11    federal Parent Locator  Service  established  by  the  Social
12    Security  Act  are  made  available  to  this  State  and the
13    Illinois Department for the purpose  of  locating  an  absent
14    parent or child when the child has been abducted or otherwise
15    improperly removed or retained from the physical custody of a
16    parent  or  other person entitled to custody of the child, or
17    in connection with the making or enforcing of a child custody
18    determination in custody  proceedings  instituted  under  the
19    Uniform   Child  Custody  Jurisdiction  Act  or  the  Uniform
20    Child-Custody Jurisdiction and Enforcement Act, or  otherwise
21    in accordance with law. The Illinois Department shall provide
22    general  information to the public about the availability and
23    use of the  Parent  Locator  Service  in  relation  to  child
24    abduction   and   custody  determination  proceedings,  shall
25    promptly respond to inquiries made by those parties specified
26    by federal regulations upon receipt of information as to  the
27    location of an absent parent or child from the federal Parent
28    Locator Service and shall maintain accurate records as to the
29    number  of  such  inquiries  received  and  processed  by the
30    Department.
31    (Source: P.A. 83-1396.)
 
HB1157 Engrossed            -29-     LRB093 02458 DRJ 02468 b
 1        Section  402.2.   The  Intergovernmental  Missing   Child
 2    Recovery  Act  of  1984 is amended by changing Section 7.1 as
 3    follows:

 4        (325 ILCS 40/7.1) (from Ch. 23, par. 2257.1)
 5        Sec. 7.1.  In addition to any requirement of Section  601
 6    or  611  of the Illinois Marriage and Dissolution of Marriage
 7    Act or applicable provisions Section  9,  15  or  17  of  the
 8    Uniform   Child-Custody   Child   Custody   Jurisdiction  and
 9    Enforcement  Act  regarding  a  custody  proceeding   of   an
10    out-of-state  party,  every  court  in  this  State, prior to
11    granting or modifying a custody judgment, shall inquire  with
12    LEADS  and the National Crime Information Center to ascertain
13    whether the child or children in question have been  reported
14    missing  or  have  been  involved  in or are the victims of a
15    parental or noncustodial  abduction.   Such  inquiry  may  be
16    conducted  with any law enforcement agency in this State that
17    maintains a LEADS terminal or has immediate access to one  on
18    a  24-hour-per-day,  7-day-per-week  basis  through a written
19    agreement with another law enforcement agency.
20    (Source: P.A. 84-171.)

21        Section 402.3.  The Criminal Code of 1961 is  amended  by
22    changing Section 32-4a as follows:

23        (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
24        Sec. 32-4a.  Harassment of representatives for the child,
25    jurors,  witnesses  and family members of representatives for
26    the child, jurors, and witnesses.
27        (a)  A person who, with intent to harass or annoy one who
28    has served or is serving or who  is  a  family  member  of  a
29    person who has served or is serving (1) as a juror because of
30    the   verdict  returned  by  the  jury  in  a  pending  legal
31    proceeding or the participation of the juror in  the  verdict
 
HB1157 Engrossed            -30-     LRB093 02458 DRJ 02468 b
 1    or  (2)  as  a  witness, or who may be expected to serve as a
 2    witness  in  a  pending  legal  proceeding,  because  of  the
 3    testimony or potential testimony of the witness, communicates
 4    directly or indirectly with the  juror,  witness,  or  family
 5    member  of  a  juror  or witness in such manner as to produce
 6    mental anguish or emotional distress or who conveys a  threat
 7    of  injury  or damage to the property or person of any juror,
 8    witness, or family member of the juror or witness  commits  a
 9    Class 2 felony.
10        (b)  A person who, with intent to harass or annoy one who
11    has  served  or  is  serving  or  who is a family member of a
12    person who has served or is serving as a  representative  for
13    the  child,  appointed  under  Section  506  of  the Illinois
14    Marriage and Dissolution of Marriage Act, Section 12  of  the
15    Uniform  Child  Custody Jurisdiction Act, or Section 2-502 of
16    the Code of Civil Procedure, because  of  the  representative
17    service of that capacity, communicates directly or indirectly
18    with   the   representative   or   a  family  member  of  the
19    representative in such manner as to produce mental anguish or
20    emotional distress or who  conveys  a  threat  of  injury  or
21    damage  to  the property or person of any representative or a
22    family  member  of  the  representative  commits  a  Class  A
23    misdemeanor.
24        (c)  For purposes of this Section, "family member"  means
25    a spouse, parent, child, stepchild or other person related by
26    blood  or by present marriage, a person who has, or allegedly
27    has a child in common, and a person who shares  or  allegedly
28    shares a blood relationship through a child.
29    (Source: P.A. 90-126, eff. 1-1-98; 91-696, eff. 4-13-00.)

30        Section 402.4.  The Code of Criminal Procedure of 1963 is
31    amended by changing Sections 112A-9 and 112A-14 as follows:

32        (725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9)
 
HB1157 Engrossed            -31-     LRB093 02458 DRJ 02468 b
 1        Sec.   112A-9.   Jurisdiction  over  persons.   In  child
 2    custody proceedings, the  court's  personal  jurisdiction  is
 3    determined   by  this  State's  Uniform  Child-Custody  Child
 4    Custody Jurisdiction and Enforcement Act, as now or hereafter
 5    amended.   Otherwise,  the  courts   of   this   State   have
 6    jurisdiction   to   bind   (i)   State  residents,  and  (ii)
 7    non-residents having minimum contacts with this State, to the
 8    extent permitted by the long-arm statute,  Section  2-209  of
 9    the Code of Civil Procedure, as now or hereafter amended.
10    (Source: P.A. 84-1305.)

11        (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
12        Sec. 112A-14.  Order of protection; remedies.
13        (a)  Issuance   of   order.   If  the  court  finds  that
14    petitioner has been abused by a family or  household  member,
15    as   defined   in   this  Article,  an  order  of  protection
16    prohibiting such abuse shall issue; provided that  petitioner
17    must  also  satisfy  the requirements of one of the following
18    Sections,  as  appropriate:  Section  112A-17  on   emergency
19    orders, Section 112A-18 on interim orders, or Section 112A-19
20    on  plenary  orders.  Petitioner shall not be denied an order
21    of protection because petitioner or respondent  is  a  minor.
22    The  court, when determining whether or not to issue an order
23    of protection, shall not require physical  manifestations  of
24    abuse   on  the  person  of  the  victim.   Modification  and
25    extension  of  prior  orders  of  protection  shall   be   in
26    accordance with this Article.
27        (b)  Remedies and standards.  The remedies to be included
28    in  an  order of protection shall be determined in accordance
29    with this Section and  one  of  the  following  Sections,  as
30    appropriate:  Section  112A-17  on  emergency orders, Section
31    112A-18 on interim orders, and  Section  112A-19  on  plenary
32    orders.    The remedies listed in this subsection shall be in
33    addition to other civil or  criminal  remedies  available  to
 
HB1157 Engrossed            -32-     LRB093 02458 DRJ 02468 b
 1    petitioner.
 2             (1)  Prohibition  of  abuse.   Prohibit respondent's
 3        harassment,   interference   with    personal    liberty,
 4        intimidation  of  a  dependent, physical abuse or willful
 5        deprivation, as defined in this Article,  if  such  abuse
 6        has  occurred or otherwise appears likely to occur if not
 7        prohibited.
 8             (2)  Grant of  exclusive  possession  of  residence.
 9        Prohibit  respondent  from  entering  or remaining in any
10        residence or household of the petitioner,  including  one
11        owned  or leased by respondent, if petitioner has a right
12        to occupancy thereof.  The grant of exclusive  possession
13        of the residence shall not affect title to real property,
14        nor  shall the court be limited by the standard set forth
15        in Section 701 of the Illinois Marriage  and  Dissolution
16        of Marriage Act.
17                  (A)  Right  to  occupancy.  A party has a right
18             to occupancy of a residence or household  if  it  is
19             solely  or  jointly  owned  or leased by that party,
20             that party's spouse, a person with a legal  duty  to
21             support  that party or a minor child in that party's
22             care, or by any person  or  entity  other  than  the
23             opposing   party   that   authorizes   that  party's
24             occupancy  (e.g.,  a  domestic  violence   shelter).
25             Standards  set  forth  in subparagraph (B) shall not
26             preclude equitable relief.
27                  (B)  Presumption of hardships.   If  petitioner
28             and  respondent each has the right to occupancy of a
29             residence or household, the court shall balance  (i)
30             the  hardships  to respondent and any minor child or
31             dependent adult in respondent's care resulting  from
32             entry  of  this  remedy  with  (ii) the hardships to
33             petitioner and any minor child or dependent adult in
34             petitioner's care resulting from continued  exposure
 
HB1157 Engrossed            -33-     LRB093 02458 DRJ 02468 b
 1             to  the  risk  of abuse (should petitioner remain at
 2             the  residence  or  household)  or  from   loss   of
 3             possession  of  the  residence  or household (should
 4             petitioner leave to avoid the risk of abuse).   When
 5             determining  the  balance  of  hardships,  the court
 6             shall also take into account  the  accessibility  of
 7             the  residence  or household.  Hardships need not be
 8             balanced if respondent does  not  have  a  right  to
 9             occupancy.
10                  The  balance  of hardships is presumed to favor
11             possession by petitioner unless the  presumption  is
12             rebutted by a preponderance of the evidence, showing
13             that   the  hardships  to  respondent  substantially
14             outweigh the hardships to petitioner and  any  minor
15             child  or dependent adult in petitioner's care.  The
16             court, on the request of petitioner or  on  its  own
17             motion,  may  order  respondent to provide suitable,
18             accessible, alternate housing for petitioner instead
19             of excluding respondent from a mutual  residence  or
20             household.
21             (3)  Stay  away  order  and additional prohibitions.
22        Order respondent to stay  away  from  petitioner  or  any
23        other  person  protected  by  the order of protection, or
24        prohibit respondent from entering or remaining present at
25        petitioner's  school,  place  of  employment,  or   other
26        specified  places at times when petitioner is present, or
27        both, if reasonable,  given  the  balance  of  hardships.
28        Hardships  need  not be balanced for the court to enter a
29        stay away order or prohibit entry if  respondent  has  no
30        right to enter the premises.
31             If   an   order   of  protection  grants  petitioner
32        exclusive  possession  of  the  residence,  or  prohibits
33        respondent  from  entering  the  residence,   or   orders
34        respondent   to   stay  away  from  petitioner  or  other
 
HB1157 Engrossed            -34-     LRB093 02458 DRJ 02468 b
 1        protected persons, then the court  may  allow  respondent
 2        access  to  the residence to remove items of clothing and
 3        personal  adornment  used  exclusively   by   respondent,
 4        medications,  and  other items as the court directs.  The
 5        right to access shall be exercised on only  one  occasion
 6        as   the   court  directs  and  in  the  presence  of  an
 7        agreed-upon adult third party or law enforcement officer.
 8             (4)  Counseling.    Require   or    recommend    the
 9        respondent to undergo counseling for a specified duration
10        with    a    social    worker,   psychologist,   clinical
11        psychologist,  psychiatrist,   family   service   agency,
12        alcohol  or substance abuse program, mental health center
13        guidance counselor, agency providing services to  elders,
14        program  designed  for  domestic  violence abusers or any
15        other guidance service the court deems appropriate.
16             (5)  Physical  care  and  possession  of  the  minor
17        child.  In order to protect the minor child  from  abuse,
18        neglect,  or  unwarranted  separation from the person who
19        has been the  minor  child's  primary  caretaker,  or  to
20        otherwise  protect the well-being of the minor child, the
21        court may do either or both of the following:  (i)  grant
22        petitioner  physical  care  or  possession  of  the minor
23        child, or both, or (ii)  order  respondent  to  return  a
24        minor  child  to,  or  not remove a minor child from, the
25        physical care of a parent or person in loco parentis.
26             If a court finds, after a hearing,  that  respondent
27        has  committed  abuse (as defined in Section 112A-3) of a
28        minor child, there shall be a rebuttable presumption that
29        awarding physical care to respondent would not be in  the
30        minor child's best interest.
31             (6)  Temporary  legal custody. Award temporary legal
32        custody to petitioner in accordance  with  this  Section,
33        the  Illinois  Marriage  and Dissolution of Marriage Act,
34        the Illinois Parentage Act  of  1984,  and  this  State's
 
HB1157 Engrossed            -35-     LRB093 02458 DRJ 02468 b
 1        Uniform  Child-Custody  Child  Custody  Jurisdiction  and
 2        Enforcement Act.
 3             If  a  court finds, after a hearing, that respondent
 4        has committed abuse (as defined in Section 112A-3)  of  a
 5        minor child, there shall be a rebuttable presumption that
 6        awarding  temporary legal custody to respondent would not
 7        be in the child's best interest.
 8             (7)  Visitation.  Determine the  visitation  rights,
 9        if  any,  of  respondent  in  any case in which the court
10        awards physical care or  temporary  legal  custody  of  a
11        minor  child  to petitioner.  The court shall restrict or
12        deny respondent's visitation with a minor  child  if  the
13        court  finds  that respondent has done or is likely to do
14        any of the following: (i) abuse  or  endanger  the  minor
15        child  during  visitation;  (ii) use the visitation as an
16        opportunity to abuse or harass petitioner or petitioner's
17        family or household members; (iii) improperly conceal  or
18        detain the minor child; or (iv) otherwise act in a manner
19        that  is  not  in  the best interests of the minor child.
20        The court shall not be limited by the standards set forth
21        in Section 607.1 of the Illinois Marriage and Dissolution
22        of Marriage Act.  If the  court  grants  visitation,  the
23        order shall specify dates and times for the visitation to
24        take  place  or  other  specific parameters or conditions
25        that are appropriate.   No  order  for  visitation  shall
26        refer merely to the term "reasonable visitation".
27             Petitioner  may  deny respondent access to the minor
28        child  if,  when  respondent  arrives   for   visitation,
29        respondent is under the influence of drugs or alcohol and
30        constitutes  a  threat  to  the  safety and well-being of
31        petitioner or petitioner's minor children or is  behaving
32        in a violent or abusive manner.
33             If  necessary  to protect any member of petitioner's
34        family or household from future abuse,  respondent  shall
 
HB1157 Engrossed            -36-     LRB093 02458 DRJ 02468 b
 1        be  prohibited  from  coming to petitioner's residence to
 2        meet the minor child  for  visitation,  and  the  parties
 3        shall  submit  to  the  court  their  recommendations for
 4        reasonable alternative arrangements  for  visitation.   A
 5        person may be approved to supervise visitation only after
 6        filing  an  affidavit  accepting  that responsibility and
 7        acknowledging accountability to the court.
 8             (8)  Removal  or   concealment   of   minor   child.
 9        Prohibit  respondent from removing a minor child from the
10        State or concealing the child within the State.
11             (9)  Order  to  appear.   Order  the  respondent  to
12        appear in court, alone or with a minor child, to  prevent
13        abuse,  neglect,  removal or concealment of the child, to
14        return the child to the custody or care of the petitioner
15        or to permit any court-ordered interview  or  examination
16        of the child or the respondent.
17             (10)  Possession   of   personal   property.   Grant
18        petitioner exclusive possession of personal property and,
19        if  respondent  has   possession   or   control,   direct
20        respondent  to  promptly make it available to petitioner,
21        if:
22                  (i)  petitioner, but not respondent,  owns  the
23             property; or
24                  (ii)  the  parties  own  the  property jointly;
25             sharing  it  would  risk  abuse  of  petitioner   by
26             respondent  or  is impracticable; and the balance of
27             hardships favors temporary possession by petitioner.
28             If petitioner's  sole  claim  to  ownership  of  the
29        property  is  that  it is marital property, the court may
30        award petitioner temporary possession thereof  under  the
31        standards  of subparagraph (ii) of this paragraph only if
32        a proper proceeding has been  filed  under  the  Illinois
33        Marriage  and  Dissolution  of  Marriage  Act,  as now or
34        hereafter amended.
 
HB1157 Engrossed            -37-     LRB093 02458 DRJ 02468 b
 1             No order under this provision shall affect title  to
 2        property.
 3             (11)  Protection of property.  Forbid the respondent
 4        from   taking,   transferring,  encumbering,  concealing,
 5        damaging or otherwise disposing of any real  or  personal
 6        property,  except  as explicitly authorized by the court,
 7        if:
 8                  (i)  petitioner, but not respondent,  owns  the
 9             property; or
10                  (ii)  the parties own the property jointly, and
11             the   balance  of  hardships  favors  granting  this
12             remedy.
13             If petitioner's  sole  claim  to  ownership  of  the
14        property  is  that  it is marital property, the court may
15        grant petitioner relief under subparagraph (ii)  of  this
16        paragraph  only  if  a  proper  proceeding has been filed
17        under the Illinois Marriage and Dissolution  of  Marriage
18        Act, as now or hereafter amended.
19             The  court  may  further  prohibit  respondent  from
20        improperly  using  the financial or other resources of an
21        aged member of the family or household for the profit  or
22        advantage of respondent or of any other person.
23             (12)  Order   for   payment   of   support.    Order
24        respondent to pay temporary support for the petitioner or
25        any  child  in the petitioner's care or custody, when the
26        respondent has a legal obligation to support that person,
27        in accordance with the Illinois Marriage and  Dissolution
28        of Marriage Act, which shall govern, among other matters,
29        the  amount  of  support,  payment  through the clerk and
30        withholding of income to secure payment.   An  order  for
31        child  support may be granted to a petitioner with lawful
32        physical care or custody of  a  child,  or  an  order  or
33        agreement for physical care or custody, prior to entry of
34        an  order  for legal custody.  Such a support order shall
 
HB1157 Engrossed            -38-     LRB093 02458 DRJ 02468 b
 1        expire upon entry of a valid order granting legal custody
 2        to another, unless  otherwise  provided  in  the  custody
 3        order.
 4             (13)  Order  for payment of losses. Order respondent
 5        to pay petitioner for losses suffered as a direct  result
 6        of  the  abuse.   Such  losses  shall include, but not be
 7        limited to, medical  expenses,  lost  earnings  or  other
 8        support,  repair  or  replacement  of property damaged or
 9        taken, reasonable attorney's fees, court costs and moving
10        or other travel expenses, including additional reasonable
11        expenses for temporary shelter and restaurant meals.
12                  (i)  Losses affecting family needs.  If a party
13             is entitled to seek maintenance,  child  support  or
14             property distribution from the other party under the
15             Illinois  Marriage  and Dissolution of Marriage Act,
16             as now or hereafter amended,  the  court  may  order
17             respondent  to reimburse petitioner's actual losses,
18             to the  extent  that  such  reimbursement  would  be
19             "appropriate  temporary  relief",  as  authorized by
20             subsection (a)(3) of Section 501 of that Act.
21                  (ii)  Recovery of expenses.  In the case of  an
22             improper  concealment  or  removal of a minor child,
23             the court may order respondent to pay the reasonable
24             expenses incurred or to be incurred  in  the  search
25             for  and  recovery of the minor child, including but
26             not limited to  legal  fees,  court  costs,  private
27             investigator fees, and travel costs.
28             (14)  Prohibition of entry.  Prohibit the respondent
29        from  entering or remaining in the residence or household
30        while the respondent is under the influence of alcohol or
31        drugs  and  constitutes  a  threat  to  the  safety   and
32        well-being   of   the   petitioner  or  the  petitioner's
33        children.
34             (14.5)  Prohibition of firearm possession.  (a) When
 
HB1157 Engrossed            -39-     LRB093 02458 DRJ 02468 b
 1        a complaint is made under  a  request  for  an  order  of
 2        protection,  that  the  respondent  has  threatened or is
 3        likely to use firearms illegally against the  petitioner,
 4        and  the respondent is present in court, or has failed to
 5        appear after receiving actual  notice,  the  court  shall
 6        examine on oath the petitioner, and any witnesses who may
 7        be produced.  If the court is satisfied that there is any
 8        danger  of  the illegal use of firearms, it shall include
 9        in the order  of  protection  the  requirement  that  any
10        firearms  in  the possession of the respondent, except as
11        provided in subsection (b),  be turned over to the  local
12        law   enforcement   agency   for   safekeeping.   If  the
13        respondent fails  to  appear,  or  refuses  or  fails  to
14        surrender  his  or  her firearms, the court shall issue a
15        warrant for seizure of any firearm in the  possession  of
16        the  respondent. The period of safekeeping shall be for a
17        stated period of time not to exceed 2 years.  The firearm
18        or firearms shall be returned to the  respondent  at  the
19        end of the stated period or at expiration of the order of
20        protection, whichever is sooner. (b) If the respondent is
21        a  peace  officer  as  defined  in  Section  2-13  of the
22        Criminal Code of 1961, the court  shall  order  that  any
23        firearms used by the respondent in the performance of his
24        or  her  duties  as a peace officer be surrendered to the
25        chief law enforcement executive of the  agency  in  which
26        the respondent is employed, who shall retain the firearms
27        for  safekeeping  for  the  stated period not to exceed 2
28        years as set forth in the court order.
29             (15)  Prohibition of access to records.  If an order
30        of protection prohibits respondent  from  having  contact
31        with  the  minor  child,  or  if  petitioner's address is
32        omitted under subsection (b) of  Section  112A-5,  or  if
33        necessary   to  prevent  abuse  or  wrongful  removal  or
34        concealment of  a  minor  child,  the  order  shall  deny
 
HB1157 Engrossed            -40-     LRB093 02458 DRJ 02468 b
 1        respondent   access  to,  and  prohibit  respondent  from
 2        inspecting,  obtaining,  or  attempting  to  inspect   or
 3        obtain,  school  or  any other records of the minor child
 4        who is in the care of petitioner.
 5             (16)  Order for payment of shelter services.   Order
 6        respondent  to  reimburse  a  shelter providing temporary
 7        housing and counseling services to the petitioner for the
 8        cost of the services, as certified  by  the  shelter  and
 9        deemed reasonable by the court.
10             (17)  Order for injunctive relief.  Enter injunctive
11        relief  necessary or appropriate to prevent further abuse
12        of a family or household member or to effectuate  one  of
13        the  granted  remedies,  if  supported  by the balance of
14        hardships.  If the harm to be prevented by the injunction
15        is abuse or any other  harm  that  one  of  the  remedies
16        listed  in paragraphs (1) through (16) of this subsection
17        is designed to prevent, no further evidence is  necessary
18        to establish that the harm is an irreparable injury.
19        (c)  Relevant factors; findings.
20             (1)  In  determining  whether  to  grant  a specific
21        remedy, other than payment of support,  the  court  shall
22        consider  relevant  factors, including but not limited to
23        the following:
24                  (i)  the nature, frequency,  severity,  pattern
25             and  consequences  of the respondent's past abuse of
26             the petitioner or any family  or  household  member,
27             including  the concealment of his or her location in
28             order to evade service of process or notice, and the
29             likelihood of danger of future abuse  to  petitioner
30             or any member of petitioner's or respondent's family
31             or household; and
32                  (ii)  the  danger  that any minor child will be
33             abused or neglected or improperly removed  from  the
34             jurisdiction,  improperly concealed within the State
 
HB1157 Engrossed            -41-     LRB093 02458 DRJ 02468 b
 1             or improperly separated  from  the  child's  primary
 2             caretaker.
 3             (2)  In  comparing  relative  hardships resulting to
 4        the parties from loss of possession of the  family  home,
 5        the  court shall consider relevant factors, including but
 6        not limited to the following:
 7                  (i)  availability, accessibility, cost, safety,
 8             adequacy,  location  and  other  characteristics  of
 9             alternate housing for each party and any minor child
10             or dependent adult in the party's care;
11                  (ii)  the effect on the party's employment; and
12                  (iii)  the effect on the  relationship  of  the
13             party, and any minor child or dependent adult in the
14             party's   care,   to   family,  school,  church  and
15             community.
16             (3)  Subject  to  the  exceptions   set   forth   in
17        paragraph  (4)  of  this subsection, the court shall make
18        its findings in an official record  or  in  writing,  and
19        shall at a minimum set forth the following:
20                  (i)  That   the   court   has   considered  the
21             applicable relevant factors described in  paragraphs
22             (1) and (2) of this subsection.
23                  (ii)  Whether   the   conduct   or  actions  of
24             respondent, unless  prohibited,  will  likely  cause
25             irreparable harm or continued abuse.
26                  (iii)  Whether  it  is  necessary  to grant the
27             requested relief in order to protect  petitioner  or
28             other alleged abused persons.
29             (4)  For  purposes  of issuing an ex parte emergency
30        order of protection, the court, as an alternative  to  or
31        as  a  supplement  to  making  the  findings described in
32        paragraphs  (c)(3)(i)   through   (c)(3)(iii)   of   this
33        subsection, may use the following procedure:
34             When  a  verified petition for an emergency order of
 
HB1157 Engrossed            -42-     LRB093 02458 DRJ 02468 b
 1        protection  in  accordance  with  the   requirements   of
 2        Sections  112A-5  and  112A-17 is presented to the court,
 3        the  court  shall   examine   petitioner   on   oath   or
 4        affirmation.   An  emergency order of protection shall be
 5        issued by the court if it appears from  the  contents  of
 6        the  petition  and the examination of petitioner that the
 7        averments are sufficient to indicate abuse by  respondent
 8        and  to support the granting of relief under the issuance
 9        of the emergency order of protection.
10             (5)  Never   married   parties.    No   rights    or
11        responsibilities  for  a  minor  child  born  outside  of
12        marriage  attach  to a putative father until a father and
13        child  relationship  has  been  established   under   the
14        Illinois   Parentage   Act   of  1984.   Absent  such  an
15        adjudication,  no  putative  father  shall   be   granted
16        temporary custody of the minor child, visitation with the
17        minor child, or physical care and possession of the minor
18        child,  nor  shall an order of payment for support of the
19        minor child be entered.
20        (d)  Balance of hardships; findings.  If the court  finds
21    that  the  balance of hardships does not support the granting
22    of a remedy governed by paragraph (2), (3),  (10),  (11),  or
23    (16)  of  subsection  (b)  of this Section, which may require
24    such balancing, the court's findings shall  so  indicate  and
25    shall  include  a  finding  as to whether granting the remedy
26    will  result   in   hardship   to   respondent   that   would
27    substantially outweigh the hardship to petitioner from denial
28    of  the  remedy.  The findings shall be an official record or
29    in writing.
30        (e)  Denial of remedies.  Denial of any remedy shall  not
31    be based, in whole or in part, on evidence that:
32             (1)  Respondent  has  cause  for  any  use of force,
33        unless that cause satisfies the standards for justifiable
34        use of force provided by Article VII of the Criminal Code
 
HB1157 Engrossed            -43-     LRB093 02458 DRJ 02468 b
 1        of 1961;
 2             (2)  Respondent was voluntarily intoxicated;
 3             (3)  Petitioner acted in self-defense or defense  of
 4        another,  provided  that,  if  petitioner utilized force,
 5        such force was  justifiable  under  Article  VII  of  the
 6        Criminal Code of 1961;
 7             (4)  Petitioner  did  not  act  in  self-defense  or
 8        defense of another;
 9             (5)  Petitioner  left  the residence or household to
10        avoid further abuse by respondent;
11             (6)  Petitioner  did  not  leave  the  residence  or
12        household to avoid further abuse by respondent;
13             (7)  Conduct  by  any  family  or  household  member
14        excused the abuse by respondent, unless that same conduct
15        would have excused such abuse if the parties had not been
16        family or household members.
17    (Source: P.A. 89-367, eff. 1-1-96.)

18        Section 402.5.  The Illinois Marriage and Dissolution  of
19    Marriage Act is amended by changing Section 601 as follows:

20        (750 ILCS 5/601) (from Ch. 40, par. 601)
21        Sec. 601. Jurisdiction; Commencement of Proceeding.
22        (a)  A  court  of  this  State  competent to decide child
23    custody matters has jurisdiction  to  make  a  child  custody
24    determination  in  original  or  modification  proceedings as
25    provided in Section 201 4 of the Uniform Child-Custody  Child
26    Custody  Jurisdiction  and Enforcement Act as adopted by this
27    State.
28        (b)  A child  custody  proceeding  is  commenced  in  the
29    court:
30             (1)  by a parent, by filing a petition:
31                  (i)  for   dissolution  of  marriage  or  legal
32             separation or declaration of invalidity of marriage;
 
HB1157 Engrossed            -44-     LRB093 02458 DRJ 02468 b
 1             or
 2                  (ii)  for custody of the child, in  the  county
 3             in which he is permanently resident or found;
 4             (2)  by  a  person  other than a parent, by filing a
 5        petition for custody of the child in the county in  which
 6        he  is  permanently  resident or found, but only if he is
 7        not in the physical custody of one of his parents; or
 8             (3)  by a stepparent, by filing a petition,  if  all
 9        of the following circumstances are met:
10                  (A)  the child is at least 12 years old;
11                  (B)  the  custodial  parent and stepparent were
12             married for at least 5 years during which the  child
13             resided with the parent and stepparent;
14                  (C)  the  custodial  parent  is  deceased or is
15             disabled and cannot perform the duties of  a  parent
16             to the child;
17                  (D)  the  stepparent  provided  for  the  care,
18             control,  and  welfare  to  the  child  prior to the
19             initiation of custody proceedings;
20                  (E)  the  child  wishes  to   live   with   the
21             stepparent; and
22                  (F)  it  is alleged to be in the best interests
23             and welfare of the child to live with the stepparent
24             as provided in Section 602 of this Act.
25        (c)  Notice of a child custody proceeding,  including  an
26    action for modification of a previous custody order, shall be
27    given to the child's parents, guardian and custodian, who may
28    appear,  be heard, and file a responsive pleading. The court,
29    upon showing of good cause, may permit intervention of  other
30    interested parties.
31        (d)  Proceedings  for  modification of a previous custody
32    order commenced more than 30 days following the  entry  of  a
33    previous custody order must be initiated by serving a written
34    notice  and  a copy of the petition for modification upon the
 
HB1157 Engrossed            -45-     LRB093 02458 DRJ 02468 b
 1    child's parent, guardian and custodian at least 30 days prior
 2    to hearing on the petition.  Nothing in  this  Section  shall
 3    preclude  a  party  in  custody modification proceedings from
 4    moving for a temporary order under Section 603 of this Act.
 5        (e)  (Blank).  In  a  custody  proceeding  involving   an
 6    out-of-state party, the court, prior to granting or modifying
 7    a   custody   judgment,   shall   consult   the  registry  of
 8    out-of-state judgments to determine whether there exists  any
 9    communications  or  documents  alleging that the child who is
10    the subject of custody proceedings may have  been  improperly
11    removed  from  the physical custody of the person entitled to
12    custody or may have been improperly retained after a visit or
13    other temporary relinquishment of physical  custody.   Where,
14    on the basis of such documents or communications contained in
15    the  registry of out-of-state judgments, the court determines
16    that the child who is the subject of custody  may  have  been
17    improperly  removed  or  retained, the court shall notify the
18    person or agency who submitted such communications as to  the
19    location of the child, as soon as is practicable.
20    (Source: P.A. 90-782, eff. 8-14-98.)

21        Section  402.6.   The  Illinois  Domestic Violence Act of
22    1986 is amended by changing Sections 208 and 214 as follows:

23        (750 ILCS 60/208) (from Ch. 40, par. 2312-8)
24        Sec. 208.  Jurisdiction over persons.  In  child  custody
25    proceedings,  the court's personal jurisdiction is determined
26    by  this  State's   Uniform   Child-Custody   Child   Custody
27    Jurisdiction   and  Enforcement  Act,  as  now  or  hereafter
28    amended.   Otherwise,  the  courts   of   this   State   have
29    jurisdiction   to   bind   (i)   State   residents  and  (ii)
30    non-residents having minimum contacts with this State, to the
31    extent permitted by the long-arm statute,  Section  2-209  of
32    the Code of Civil Procedure, as now or hereafter amended.
 
HB1157 Engrossed            -46-     LRB093 02458 DRJ 02468 b
 1    (Source: P.A. 84-1305.)

 2        (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
 3        Sec. 214.  Order of protection; remedies.
 4        (a)  Issuance   of   order.   If  the  court  finds  that
 5    petitioner has been abused by a family or household member or
 6    that petitioner is a high-risk adult  who  has  been  abused,
 7    neglected,  or exploited, as defined in this Act, an order of
 8    protection prohibiting the abuse,  neglect,  or  exploitation
 9    shall  issue;  provided that petitioner must also satisfy the
10    requirements  of  one   of   the   following   Sections,   as
11    appropriate:  Section 217 on emergency orders, Section 218 on
12    interim orders, or Section 219 on plenary orders.  Petitioner
13    shall not be denied an order of protection because petitioner
14    or respondent is a minor. The court, when determining whether
15    or not to issue an order of  protection,  shall  not  require
16    physical manifestations of abuse on the person of the victim.
17    Modification  and  extension  of  prior  orders of protection
18    shall be in accordance with this Act.
19        (b)  Remedies and standards.  The remedies to be included
20    in an order of protection shall be determined  in  accordance
21    with  this  Section  and  one  of  the following Sections, as
22    appropriate: Section 217 on emergency orders, Section 218  on
23    interim  orders,  and  Section  219  on  plenary orders.  The
24    remedies listed in this subsection shall be  in  addition  to
25    other civil or criminal remedies available to petitioner.
26             (1)  Prohibition of abuse, neglect, or exploitation.
27        Prohibit   respondent's   harassment,  interference  with
28        personal liberty, intimidation of a  dependent,  physical
29        abuse,  or  willful deprivation, neglect or exploitation,
30        as defined in this Act, or stalking of the petitioner, as
31        defined in Section 12-7.3 of the Criminal Code  of  1961,
32        if  such  abuse,  neglect,  exploitation, or stalking has
33        occurred or otherwise appears  likely  to  occur  if  not
 
HB1157 Engrossed            -47-     LRB093 02458 DRJ 02468 b
 1        prohibited.
 2             (2)  Grant  of  exclusive  possession  of residence.
 3        Prohibit respondent from entering  or  remaining  in  any
 4        residence  or  household of the petitioner, including one
 5        owned or leased by respondent, if petitioner has a  right
 6        to  occupancy  thereof. The grant of exclusive possession
 7        of the residence shall not affect title to real property,
 8        nor shall the court be limited by the standard set  forth
 9        in  Section  701 of the Illinois Marriage and Dissolution
10        of Marriage Act.
11                  (A)  Right to occupancy.  A party has  a  right
12             to  occupancy  of  a residence or household if it is
13             solely or jointly owned or  leased  by  that  party,
14             that  party's  spouse, a person with a legal duty to
15             support that party or a minor child in that  party's
16             care,  or  by  any  person  or entity other than the
17             opposing  party   that   authorizes   that   party's
18             occupancy   (e.g.,  a  domestic  violence  shelter).
19             Standards set forth in subparagraph  (B)  shall  not
20             preclude equitable relief.
21                  (B)  Presumption  of  hardships.  If petitioner
22             and respondent each has the right to occupancy of  a
23             residence  or household, the court shall balance (i)
24             the hardships to respondent and any minor  child  or
25             dependent  adult in respondent's care resulting from
26             entry of this remedy  with  (ii)  the  hardships  to
27             petitioner and any minor child or dependent adult in
28             petitioner's  care resulting from continued exposure
29             to the risk of abuse (should  petitioner  remain  at
30             the   residence   or  household)  or  from  loss  of
31             possession of the  residence  or  household  (should
32             petitioner  leave to avoid the risk of abuse).  When
33             determining the  balance  of  hardships,  the  court
34             shall  also  take  into account the accessibility of
 
HB1157 Engrossed            -48-     LRB093 02458 DRJ 02468 b
 1             the residence or household. Hardships  need  not  be
 2             balanced  if  respondent  does  not  have a right to
 3             occupancy.
 4                  The balance of hardships is presumed  to  favor
 5             possession  by  petitioner unless the presumption is
 6             rebutted by a preponderance of the evidence, showing
 7             that  the  hardships  to  respondent   substantially
 8             outweigh  the  hardships to petitioner and any minor
 9             child or dependent adult in petitioner's care.   The
10             court,  on  the  request of petitioner or on its own
11             motion, may order respondent  to  provide  suitable,
12             accessible, alternate housing for petitioner instead
13             of  excluding  respondent from a mutual residence or
14             household.
15             (3)  Stay away order  and  additional  prohibitions.
16        Order  respondent  to  stay  away  from petitioner or any
17        other person protected by the  order  of  protection,  or
18        prohibit respondent from entering or remaining present at
19        petitioner's   school,  place  of  employment,  or  other
20        specified places at times when petitioner is present,  or
21        both,  if  reasonable,  given  the  balance of hardships.
22        Hardships need not be balanced for the court to  enter  a
23        stay  away  order  or prohibit entry if respondent has no
24        right to enter the premises.
25             If  an  order  of   protection   grants   petitioner
26        exclusive  possession  of  the  residence,  or  prohibits
27        respondent   from   entering  the  residence,  or  orders
28        respondent  to  stay  away  from  petitioner   or   other
29        protected  persons,  then  the court may allow respondent
30        access to the residence to remove items of  clothing  and
31        personal   adornment   used  exclusively  by  respondent,
32        medications, and other items as the  court  directs.  The
33        right  to  access shall be exercised on only one occasion
34        as  the  court  directs  and  in  the  presence   of   an
 
HB1157 Engrossed            -49-     LRB093 02458 DRJ 02468 b
 1        agreed-upon adult third party or law enforcement officer.
 2             (4)  Counseling.     Require    or   recommend   the
 3        respondent to undergo counseling for a specified duration
 4        with   a   social    worker,    psychologist,    clinical
 5        psychologist,   psychiatrist,   family   service  agency,
 6        alcohol or substance abuse program, mental health  center
 7        guidance  counselor, agency providing services to elders,
 8        program designed for domestic  violence  abusers  or  any
 9        other guidance service the court deems appropriate.
10             (5)  Physical  care  and  possession  of  the  minor
11        child.   In  order to protect the minor child from abuse,
12        neglect, or unwarranted separation from  the  person  who
13        has  been  the  minor  child's  primary  caretaker, or to
14        otherwise protect the well-being of the minor child,  the
15        court  may  do either or both of the following: (i) grant
16        petitioner physical  care  or  possession  of  the  minor
17        child,  or  both,  or  (ii)  order respondent to return a
18        minor child to, or not remove a  minor  child  from,  the
19        physical care of a parent or person in loco parentis.
20             If  a  court finds, after a hearing, that respondent
21        has committed abuse (as defined  in  Section  103)  of  a
22        minor child, there shall be a rebuttable presumption that
23        awarding  physical care to respondent would not be in the
24        minor child's best interest.
25             (6)  Temporary legal custody. Award temporary  legal
26        custody  to  petitioner  in accordance with this Section,
27        the Illinois Marriage and Dissolution  of  Marriage  Act,
28        the  Illinois  Parentage  Act  of  1984, and this State's
29        Uniform  Child-Custody  Child  Custody  Jurisdiction  and
30        Enforcement Act.
31             If a court finds, after a hearing,  that  respondent
32        has  committed  abuse  (as  defined  in Section 103) of a
33        minor child, there shall be a rebuttable presumption that
34        awarding temporary legal custody to respondent would  not
 
HB1157 Engrossed            -50-     LRB093 02458 DRJ 02468 b
 1        be in the child's best interest.
 2             (7)  Visitation.   Determine  the visitation rights,
 3        if any, of respondent in any  case  in  which  the  court
 4        awards  physical  care  or  temporary  legal custody of a
 5        minor child to petitioner.  The court shall  restrict  or
 6        deny  respondent's  visitation  with a minor child if the
 7        court finds that respondent has done or is likely  to  do
 8        any  of  the  following:  (i) abuse or endanger the minor
 9        child during visitation; (ii) use the  visitation  as  an
10        opportunity to abuse or harass petitioner or petitioner's
11        family  or household members; (iii) improperly conceal or
12        detain the minor child; or (iv) otherwise act in a manner
13        that is not in the best interests  of  the  minor  child.
14        The court shall not be limited by the standards set forth
15        in Section 607.1 of the Illinois Marriage and Dissolution
16        of  Marriage  Act.   If  the court grants visitation, the
17        order shall specify dates and times for the visitation to
18        take place or other  specific  parameters  or  conditions
19        that  are  appropriate.   No  order  for visitation shall
20        refer merely to the term "reasonable visitation".
21             Petitioner may deny respondent access to  the  minor
22        child   if,   when  respondent  arrives  for  visitation,
23        respondent is under the influence of drugs or alcohol and
24        constitutes a threat to  the  safety  and  well-being  of
25        petitioner  or petitioner's minor children or is behaving
26        in a violent or abusive manner.
27             If necessary to protect any member  of  petitioner's
28        family  or  household from future abuse, respondent shall
29        be prohibited from coming to  petitioner's  residence  to
30        meet  the  minor  child  for  visitation, and the parties
31        shall submit  to  the  court  their  recommendations  for
32        reasonable  alternative  arrangements  for visitation.  A
33        person may be approved to supervise visitation only after
34        filing an affidavit  accepting  that  responsibility  and
 
HB1157 Engrossed            -51-     LRB093 02458 DRJ 02468 b
 1        acknowledging accountability to the court.
 2             (8)  Removal or concealment of minor child. Prohibit
 3        respondent  from removing a minor child from the State or
 4        concealing the child within the State.
 5             (9)  Order  to  appear.   Order  the  respondent  to
 6        appear in court, alone or with a minor child, to  prevent
 7        abuse,  neglect,  removal or concealment of the child, to
 8        return the child to the custody or care of the petitioner
 9        or to permit any court-ordered interview  or  examination
10        of the child or the respondent.
11             (10)  Possession   of   personal   property.   Grant
12        petitioner exclusive possession of personal property and,
13        if  respondent  has   possession   or   control,   direct
14        respondent  to  promptly make it available to petitioner,
15        if:
16                  (i)  petitioner, but not respondent,  owns  the
17             property; or
18                  (ii)  the  parties  own  the  property jointly;
19             sharing  it  would  risk  abuse  of  petitioner   by
20             respondent  or  is impracticable; and the balance of
21             hardships favors temporary possession by petitioner.
22             If petitioner's  sole  claim  to  ownership  of  the
23        property  is  that  it is marital property, the court may
24        award petitioner temporary possession thereof  under  the
25        standards  of subparagraph (ii) of this paragraph only if
26        a proper proceeding has been  filed  under  the  Illinois
27        Marriage  and  Dissolution  of  Marriage  Act,  as now or
28        hereafter amended.
29             No order under this provision shall affect title  to
30        property.
31             (11)  Protection of property.  Forbid the respondent
32        from   taking,   transferring,  encumbering,  concealing,
33        damaging or otherwise disposing of any real  or  personal
34        property,  except  as explicitly authorized by the court,
 
HB1157 Engrossed            -52-     LRB093 02458 DRJ 02468 b
 1        if:
 2                  (i)  petitioner, but not respondent,  owns  the
 3             property; or
 4                  (ii)  the parties own the property jointly, and
 5             the   balance  of  hardships  favors  granting  this
 6             remedy.
 7             If petitioner's  sole  claim  to  ownership  of  the
 8        property  is  that  it is marital property, the court may
 9        grant petitioner relief under subparagraph (ii)  of  this
10        paragraph  only  if  a  proper  proceeding has been filed
11        under the Illinois Marriage and Dissolution  of  Marriage
12        Act, as now or hereafter amended.
13             The  court  may  further  prohibit  respondent  from
14        improperly  using  the financial or other resources of an
15        aged member of the family or household for the profit  or
16        advantage of respondent or of any other person.
17             (12)  Order   for   payment   of   support.    Order
18        respondent to pay temporary support for the petitioner or
19        any  child  in the petitioner's care or custody, when the
20        respondent has a legal obligation to support that person,
21        in accordance with the Illinois Marriage and  Dissolution
22        of Marriage Act, which shall govern, among other matters,
23        the  amount  of  support,  payment  through the clerk and
24        withholding of income to secure payment.   An  order  for
25        child  support may be granted to a petitioner with lawful
26        physical care or custody of  a  child,  or  an  order  or
27        agreement for physical care or custody, prior to entry of
28        an  order  for legal custody.  Such a support order shall
29        expire upon entry of a valid order granting legal custody
30        to another, unless  otherwise  provided  in  the  custody
31        order.
32             (13)  Order  for payment of losses. Order respondent
33        to pay petitioner for losses suffered as a direct  result
34        of  the  abuse,  neglect,  or  exploitation.  Such losses
 
HB1157 Engrossed            -53-     LRB093 02458 DRJ 02468 b
 1        shall include, but not be limited to,  medical  expenses,
 2        lost  earnings or other support, repair or replacement of
 3        property damaged or taken,  reasonable  attorney's  fees,
 4        court   costs   and  moving  or  other  travel  expenses,
 5        including additional reasonable  expenses  for  temporary
 6        shelter and restaurant meals.
 7                  (i)  Losses affecting family needs.  If a party
 8             is  entitled  to  seek maintenance, child support or
 9             property distribution from the other party under the
10             Illinois Marriage and Dissolution of  Marriage  Act,
11             as  now  or  hereafter  amended, the court may order
12             respondent to reimburse petitioner's actual  losses,
13             to  the  extent  that  such  reimbursement  would be
14             "appropriate temporary  relief",  as  authorized  by
15             subsection (a)(3) of Section 501 of that Act.
16                  (ii)  Recovery  of expenses.  In the case of an
17             improper concealment or removal of  a  minor  child,
18             the court may order respondent to pay the reasonable
19             expenses  incurred  or  to be incurred in the search
20             for and recovery of the minor child,  including  but
21             not  limited  to  legal  fees,  court costs, private
22             investigator fees, and travel costs.
23             (14)  Prohibition of entry.  Prohibit the respondent
24        from entering or remaining in the residence or  household
25        while the respondent is under the influence of alcohol or
26        drugs   and  constitutes  a  threat  to  the  safety  and
27        well-being  of  the  petitioner   or   the   petitioner's
28        children.
29             (14.5)  Prohibition of firearm possession.
30                  (a)  When  a  complaint is made under a request
31             for an order of protection, that the respondent  has
32             threatened  or  is  likely to use firearms illegally
33             against  the  petitioner,  and  the  respondent   is
34             present  in  court,  or  has  failed to appear after
 
HB1157 Engrossed            -54-     LRB093 02458 DRJ 02468 b
 1             receiving actual notice, the court shall examine  on
 2             oath  the  petitioner,  and any witnesses who may be
 3             produced.  If the court is satisfied that  there  is
 4             any  danger of the illegal use of firearms, it shall
 5             issue an order that any firearms in  the  possession
 6             of  the respondent, except as provided in subsection
 7             (b), be turned over to  the  local  law  enforcement
 8             agency  for  safekeeping.   If  the  respondent  has
 9             failed  to  appear,  the court shall issue a warrant
10             for seizure of any firearm in the possession of  the
11             respondent. The period of safekeeping shall be for a
12             stated  period  of  time not to exceed 2 years.  The
13             firearm  or  firearms  shall  be  returned  to   the
14             respondent  at  the  end  of the stated period or at
15             expiration of the order of protection, whichever  is
16             sooner.
17                  (b)  If  the  respondent  is a peace officer as
18             defined in Section 2-13  of  the  Criminal  Code  of
19             1961,  the  court shall order that any firearms used
20             by the respondent in the performance of his  or  her
21             duties  as  a  peace  officer  be surrendered to the
22             chief law enforcement executive  of  the  agency  in
23             which  the  respondent is employed, who shall retain
24             the firearms for safekeeping for the  stated  period
25             not  to  exceed  2  years  as set forth in the court
26             order.
27             (15)  Prohibition of access to records.  If an order
28        of protection prohibits respondent  from  having  contact
29        with  the  minor  child,  or  if  petitioner's address is
30        omitted under  subsection  (b)  of  Section  203,  or  if
31        necessary   to  prevent  abuse  or  wrongful  removal  or
32        concealment of  a  minor  child,  the  order  shall  deny
33        respondent   access  to,  and  prohibit  respondent  from
34        inspecting,  obtaining,  or  attempting  to  inspect   or
 
HB1157 Engrossed            -55-     LRB093 02458 DRJ 02468 b
 1        obtain,  school  or  any other records of the minor child
 2        who is in the care of petitioner.
 3             (16)  Order for payment of shelter services.   Order
 4        respondent  to  reimburse  a  shelter providing temporary
 5        housing and counseling services to the petitioner for the
 6        cost of the services, as certified  by  the  shelter  and
 7        deemed reasonable by the court.
 8             (17)  Order for injunctive relief.  Enter injunctive
 9        relief  necessary or appropriate to prevent further abuse
10        of  a  family  or  household  member  or  further  abuse,
11        neglect,  or  exploitation  of  a  high-risk  adult  with
12        disabilities  or  to  effectuate  one  of   the   granted
13        remedies,  if  supported by the balance of hardships.  If
14        the harm to be prevented by the injunction  is  abuse  or
15        any  other  harm  that  one  of  the  remedies  listed in
16        paragraphs  (1)  through  (16)  of  this  subsection   is
17        designed  to  prevent,  no  further evidence is necessary
18        that the harm is an irreparable injury.
19        (c)  Relevant factors; findings.
20             (1)  In determining  whether  to  grant  a  specific
21        remedy,  other  than  payment of support, the court shall
22        consider relevant factors, including but not  limited  to
23        the following:
24                  (i)  the  nature,  frequency, severity, pattern
25             and consequences of  the  respondent's  past  abuse,
26             neglect  or  exploitation  of  the petitioner or any
27             family   or   household   member,   including    the
28             concealment of his or her location in order to evade
29             service  of process or notice, and the likelihood of
30             danger of future abuse, neglect, or exploitation  to
31             petitioner   or   any   member  of  petitioner's  or
32             respondent's family or household; and
33                  (ii)  the danger that any minor child  will  be
34             abused  or  neglected or improperly removed from the
 
HB1157 Engrossed            -56-     LRB093 02458 DRJ 02468 b
 1             jurisdiction, improperly concealed within the  State
 2             or  improperly  separated  from  the child's primary
 3             caretaker.
 4             (2)  In comparing relative  hardships  resulting  to
 5        the  parties  from loss of possession of the family home,
 6        the court shall consider relevant factors, including  but
 7        not limited to the following:
 8                  (i)  availability, accessibility, cost, safety,
 9             adequacy,  location  and  other  characteristics  of
10             alternate housing for each party and any minor child
11             or dependent adult in the party's care;
12                  (ii)  the effect on the party's employment; and
13                  (iii)  the  effect  on  the relationship of the
14             party, and any minor child or dependent adult in the
15             party's  care,  to  family,   school,   church   and
16             community.
17             (3)  Subject   to   the   exceptions  set  forth  in
18        paragraph (4) of this subsection, the  court  shall  make
19        its  findings  in  an  official record or in writing, and
20        shall at a minimum set forth the following:
21                  (i)  That  the   court   has   considered   the
22             applicable  relevant factors described in paragraphs
23             (1) and (2) of this subsection.
24                  (ii)  Whether  the  conduct   or   actions   of
25             respondent,  unless  prohibited,  will  likely cause
26             irreparable harm or continued abuse.
27                  (iii)  Whether it is  necessary  to  grant  the
28             requested  relief  in order to protect petitioner or
29             other alleged abused persons.
30             (4)  For purposes of issuing an ex  parte  emergency
31        order  of  protection, the court, as an alternative to or
32        as a supplement  to  making  the  findings  described  in
33        paragraphs   (c)(3)(i)   through   (c)(3)(iii)   of  this
34        subsection, may use the following procedure:
 
HB1157 Engrossed            -57-     LRB093 02458 DRJ 02468 b
 1             When a verified petition for an emergency  order  of
 2        protection   in   accordance  with  the  requirements  of
 3        Sections 203 and 217 is presented to the court, the court
 4        shall examine petitioner  on  oath  or  affirmation.   An
 5        emergency  order  of  protection  shall  be issued by the
 6        court if it appears from the contents of the petition and
 7        the examination of  petitioner  that  the  averments  are
 8        sufficient to indicate abuse by respondent and to support
 9        the   granting  of  relief  under  the  issuance  of  the
10        emergency order of protection.
11             (5)  Never   married   parties.    No   rights    or
12        responsibilities  for  a  minor  child  born  outside  of
13        marriage  attach  to a putative father until a father and
14        child  relationship  has  been  established   under   the
15        Illinois  Parentage  Act of 1984, the Illinois Public Aid
16        Code, Section 12 of the Vital Records Act,  the  Juvenile
17        Court  Act  of 1987, the Probate Act of 1985, the Revised
18        Uniform  Reciprocal  Enforcement  of  Support  Act,   the
19        Uniform  Interstate  Family  Support  Act,  the Expedited
20        Child Support Act of 1990, any judicial,  administrative,
21        or  other  act  of  another state or territory, any other
22        Illinois statute, or by any foreign  nation  establishing
23        the  father  and child relationship, any other proceeding
24        substantially   in   conformity   with    the    Personal
25        Responsibility and Work Opportunity Reconciliation Act of
26        1996 (Pub. L. 104-193), or where both parties appeared in
27        open  court or at an administrative hearing acknowledging
28        under  oath or admitting by affirmation the existence  of
29        a   father   and   child  relationship.  Absent  such  an
30        adjudication, finding, or  acknowledgement,  no  putative
31        father  shall  be  granted temporary custody of the minor
32        child, visitation with the minor child, or physical  care
33        and  possession of the minor child, nor shall an order of
34        payment for support of the minor child be entered.
 
HB1157 Engrossed            -58-     LRB093 02458 DRJ 02468 b
 1        (d)  Balance of hardships; findings.  If the court  finds
 2    that  the  balance of hardships does not support the granting
 3    of a remedy governed by paragraph (2), (3),  (10),  (11),  or
 4    (16)  of  subsection  (b)  of this Section, which may require
 5    such balancing, the court's findings shall  so  indicate  and
 6    shall  include  a  finding  as to whether granting the remedy
 7    will  result   in   hardship   to   respondent   that   would
 8    substantially outweigh the hardship to petitioner from denial
 9    of the remedy. The findings shall be an official record or in
10    writing.
11        (e)  Denial  of remedies.  Denial of any remedy shall not
12    be based, in whole or in part, on evidence that:
13             (1)  Respondent has cause  for  any  use  of  force,
14        unless that cause satisfies the standards for justifiable
15        use of force provided by Article VII of the Criminal Code
16        of 1961;
17             (2)  Respondent was voluntarily intoxicated;
18             (3)  Petitioner  acted in self-defense or defense of
19        another, provided that,  if  petitioner  utilized  force,
20        such  force  was  justifiable  under  Article  VII of the
21        Criminal Code of 1961;
22             (4)  Petitioner  did  not  act  in  self-defense  or
23        defense of another;
24             (5)  Petitioner left the residence or  household  to
25        avoid   further   abuse,   neglect,  or  exploitation  by
26        respondent;
27             (6)  Petitioner  did  not  leave  the  residence  or
28        household   to   avoid   further   abuse,   neglect,   or
29        exploitation by respondent;
30             (7)  Conduct  by  any  family  or  household  member
31        excused  the   abuse,   neglect,   or   exploitation   by
32        respondent,  unless  that same conduct would have excused
33        such abuse, neglect, or exploitation if the  parties  had
34        not been family or household members.
 
HB1157 Engrossed            -59-     LRB093 02458 DRJ 02468 b
 1    (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)

 2        Section  403.   Effective Date.  This Act takes effect on
 3    January 1, 2004.

 4        (750 ILCS 35/Act rep.)
 5        Section 404.  Repeals.  The following Acts and  parts  of
 6    Acts are hereby repealed:
 7        Uniform Child Custody Jurisdiction Act.

 8        Section  405.  Transitional Provision.  A motion or other
 9    request for relief made in a child-custody proceeding  or  to
10    enforce  a  child-custody  determination  which was commenced
11    before the effective date of this Act is governed by the  law
12    in effect at the time the motion or other request was made.