Sen. William R. Haine

Filed: 3/9/2005

 

 


 

 


 
09400SB1911sam002 LRB094 08687 LCB 43427 a

1
AMENDMENT TO SENATE BILL 1911

2     AMENDMENT NO. ______. Amend Senate Bill 1911 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Domestic Violence Act of 1986 is
5 amended by changing Sections 103 and 201.1 as follows:
 
6     (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
7     Sec. 103. Definitions. For the purposes of this Act, the
8 following terms shall have the following meanings:
9     (1) "Abuse" means physical abuse, harassment, intimidation
10 of a dependent, interference with personal liberty or willful
11 deprivation but does not include reasonable direction of a
12 minor child by a parent or person in loco parentis.
13     (2) "Adult with disabilities" means an elder adult with
14 disabilities or a high-risk adult with disabilities. A person
15 may be an adult with disabilities for purposes of this Act even
16 though he or she has never been adjudicated an incompetent
17 adult. However, no court proceeding may be initiated or
18 continued on behalf of an adult with disabilities over that
19 adult's objection, unless such proceeding is approved by his or
20 her legal guardian, if any.
21     (3) "Domestic violence" means abuse as defined in paragraph
22 (1).
23     (4) "Elder adult with disabilities" means an adult
24 prevented by advanced age from taking appropriate action to

 

 

09400SB1911sam002 - 2 - LRB094 08687 LCB 43427 a

1 protect himself or herself from abuse by a family or household
2 member.
3     (5) "Exploitation" means the illegal, including tortious,
4 use of a high-risk adult with disabilities or of the assets or
5 resources of a high-risk adult with disabilities. Exploitation
6 includes, but is not limited to, the misappropriation of assets
7 or resources of a high-risk adult with disabilities by undue
8 influence, by breach of a fiduciary relationship, by fraud,
9 deception, or extortion, or the use of such assets or resources
10 in a manner contrary to law.
11     (6) "Family or household members" include spouses, former
12 spouses, parents, children, stepchildren and other persons
13 related by blood or by present or prior marriage, persons who
14 share or formerly shared a common dwelling, persons who have or
15 allegedly have a child in common, persons who share or
16 allegedly share a blood relationship through a child, persons
17 who have or have had a dating or engagement relationship,
18 persons with disabilities and their personal assistants, and
19 caregivers as defined in paragraph (3) of subsection (b) of
20 Section 12-21 of the Criminal Code of 1961. For purposes of
21 this paragraph, neither a casual acquaintanceship nor ordinary
22 fraternization between 2 individuals in business or social
23 contexts shall be deemed to constitute a dating relationship.
24 In the case of a high-risk adult with disabilities, "family or
25 household members" includes any person who has the
26 responsibility for a high-risk adult as a result of a family
27 relationship or who has assumed responsibility for all or a
28 portion of the care of a high-risk adult with disabilities
29 voluntarily, or by express or implied contract, or by court
30 order.
31     (7) "Harassment" means knowing conduct which is not
32 necessary to accomplish a purpose that is reasonable under the
33 circumstances; would cause a reasonable person emotional
34 distress; and does cause emotional distress to the petitioner.

 

 

09400SB1911sam002 - 3 - LRB094 08687 LCB 43427 a

1 Unless the presumption is rebutted by a preponderance of the
2 evidence, the following types of conduct shall be presumed to
3 cause emotional distress:
4         (i) creating a disturbance at petitioner's place of
5     employment or school;
6         (ii) repeatedly telephoning petitioner's place of
7     employment, home or residence;
8         (iii) repeatedly following petitioner about in a
9     public place or places;
10         (iv) repeatedly keeping petitioner under surveillance
11     by remaining present outside his or her home, school, place
12     of employment, vehicle or other place occupied by
13     petitioner or by peering in petitioner's windows;
14         (v) improperly concealing a minor child from
15     petitioner, repeatedly threatening to improperly remove a
16     minor child of petitioner's from the jurisdiction or from
17     the physical care of petitioner, repeatedly threatening to
18     conceal a minor child from petitioner, or making a single
19     such threat following an actual or attempted improper
20     removal or concealment, unless respondent was fleeing an
21     incident or pattern of domestic violence; or
22         (vi) threatening physical force, confinement or
23     restraint on one or more occasions.
24     (8) "High-risk adult with disabilities" means a person aged
25 18 or over whose physical or mental disability or advanced age
26 impairs his or her ability to seek or obtain protection from
27 abuse, neglect, or exploitation. A person may be a high-risk
28 adult with disabilities for purposes of this Act even though he
29 or she has never been adjudicated an incompetent adult. A
30 person who qualifies as a high-risk adult with disabilities for
31 remedies under this Act solely due to advanced age must also
32 meet the criteria set forth in subsection (e) of Section 2 of
33 the Elder Abuse and Neglect Act.
34     (9) "Interference with personal liberty" means committing

 

 

09400SB1911sam002 - 4 - LRB094 08687 LCB 43427 a

1 or threatening physical abuse, harassment, intimidation or
2 willful deprivation so as to compel another to engage in
3 conduct from which she or he has a right to abstain or to
4 refrain from conduct in which she or he has a right to engage.
5     (10) "Intimidation of a dependent" means subjecting a
6 person who is dependent because of age, health or disability to
7 participation in or the witnessing of: physical force against
8 another or physical confinement or restraint of another which
9 constitutes physical abuse as defined in this Act, regardless
10 of whether the abused person is a family or household member.
11     (11) (A) "Neglect" means the failure to exercise that
12 degree of care toward a high-risk adult with disabilities which
13 a reasonable person would exercise under the circumstances and
14 includes but is not limited to:
15         (i) the failure to take reasonable steps to protect a
16     high-risk adult with disabilities from acts of abuse;
17         (ii) the repeated, careless imposition of unreasonable
18     confinement;
19         (iii) the failure to provide food, shelter, clothing,
20     and personal hygiene to a high-risk adult with disabilities
21     who requires such assistance;
22         (iv) the failure to provide medical and rehabilitative
23     care for the physical and mental health needs of a
24     high-risk adult with disabilities; or
25         (v) the failure to protect a high-risk adult with
26     disabilities from health and safety hazards.
27     (B) Nothing in this subsection (10) shall be construed to
28 impose a requirement that assistance be provided to a high-risk
29 adult with disabilities over his or her objection in the
30 absence of a court order, nor to create any new affirmative
31 duty to provide support to a high-risk adult with disabilities.
32     (12) "Order of protection" means an emergency order,
33 interim order or plenary order, granted pursuant to this Act,
34 which includes any or all of the remedies authorized by Section

 

 

09400SB1911sam002 - 5 - LRB094 08687 LCB 43427 a

1 214 of this Act.
2     (13) "Petitioner" may mean not only any named petitioner
3 for the order of protection and any named victim of abuse on
4 whose behalf the petition is brought, but also any other person
5 protected by this Act.
6     (14) "Physical abuse" includes sexual abuse and means any
7 of the following:
8         (i) knowing or reckless use of physical force,
9     confinement or restraint;
10         (ii) knowing, repeated and unnecessary sleep
11     deprivation; or
12         (iii) knowing or reckless conduct which creates an
13     immediate risk of physical harm.
14     (14.5) "Stay away" means for the respondent to refrain from
15 both physical presence and nonphysical contact with the
16 petitioner whether direct, indirect (including, but not
17 limited to, telephone calls, mail, email, faxes, and written
18 notes), or through third parties who may or may not know about
19 the order of protection.
20     (15) "Willful deprivation" means wilfully denying a person
21 who because of age, health or disability requires medication,
22 medical care, shelter, accessible shelter or services, food,
23 therapeutic device, or other physical assistance, and thereby
24 exposing that person to the risk of physical, mental or
25 emotional harm, except with regard to medical care or treatment
26 when the dependent person has expressed an intent to forgo such
27 medical care or treatment. This paragraph does not create any
28 new affirmative duty to provide support to dependent persons.
29 (Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
30     (750 ILCS 60/201.1)  (from Ch. 40, par. 2312-1.1)
31     Sec. 201.1. Access of high-risk adults. No person shall
32 obstruct or impede the access of a high-risk adult with
33 disabilities to any agency or organization authorized to file a

 

 

09400SB1911sam002 - 6 - LRB094 08687 LCB 43427 a

1 petition for an order of protection under Section 201 of this
2 Act for the purpose of a private visit relating to legal
3 rights, entitlements, claims and services under this Act and
4 Section 1 of "An Act in relation to domestic relations and
5 domestic violence shelters and service programs", approved
6 September 24, 1981, as now or hereafter amended. If a person
7 does so obstruct or impede such access of a high-risk adult
8 with disabilities, local law enforcement agencies shall take
9 all appropriate action to assist the party seeking access in
10 petitioning for a search warrant or an ex parte injunctive
11 order. Such warrant or order may issue upon a showing of
12 probable cause to believe that the high-risk adult with
13 disabilities is the subject of abuse, neglect, or exploitation
14 which constitutes a criminal offense or that any other criminal
15 offense is occurring which affects the interests or welfare of
16 the high-risk adult with disabilities. When, from the personal
17 observations of a law enforcement officer, it appears probable
18 that delay of entry in order to obtain a warrant or order would
19 cause the high-risk adult with disabilities to be in imminent
20 danger of death or great bodily harm, entry may be made by the
21 law enforcement officer after an announcement of the officer's
22 authority and purpose.
23     No court proceedings may be initiated or continued on
24 behalf of a high-risk adult with disabilities over that adult's
25 objection, unless the proceeding is approved by his or her
26 legal guardian, if any. In cases where a legal guardian of the
27 high-risk adult with disabilities objects to court proceedings
28 on behalf of the adult and the guardian is alleged or
29 substantiated to have abused, neglected, or exploited the
30 adult, the court shall consider such allegations or
31 substantiation in determining whether court proceedings under
32 this Act should be initiated or continued.
33 (Source: P.A. 86-542.)
 

 

 

09400SB1911sam002 - 7 - LRB094 08687 LCB 43427 a

1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".