HB5403 101ST GENERAL ASSEMBLY

LRB101 15883 LNS 65240 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5403

Introduced , by Rep. David A. Welter - Grant Wehrli - Patrick Windhorst - Amy Grant

SYNOPSIS AS INTRODUCED:

725 ILCS 5/112A-2.5
740 ILCS 22/201

Amends the Civil No Contact Order Act. Provides that a petition for a civil no contact order may be filed by a family or household member of a victim of a murder. Amends the Code of Criminal Procedure of 1963. Provides that a civil no contact order in a case involving a family or household member of a victim of a murder may be entered in conjunction with a delinquency petition or a criminal prosecution.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 112A-2.5 as follows:

(725 ILCS 5/112A-2.5)

Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution:

(1) a domestic violence order of protection in cases involving domestic violence;

(2) a civil no contact order in cases involving sexual offenses or a family or household member of a victim of a murder; or

(3) a stalking no contact order in cases involving stalking offenses.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

Section 10. The Civil No Contact Order Act is amended by changing Section 201 as follows:

(740 ILCS 22/201)

Sec. 201. Persons protected by this Act.

(a) The following persons are protected by this Act:

(1) any victim of non-consensual sexual conduct or non-consensual sexual penetration on whose behalf the petition is brought;

(2) any family or household member of the named victim; and

(3) any employee of or volunteer at a rape crisis center that is providing services to the petitioner or the petitioner's family or household member; and .

(4) any family or household member of a victim of a murder.

(b) A petition for a civil no contact order may be filed:

(1) by any person who is a victim of non-consensual sexual conduct or non-consensual sexual penetration, including a single incident of non-consensual sexual conduct or non-consensual sexual penetration; or

(2) by a person on behalf of a minor child or an adult who is a victim of non-consensual sexual conduct or non-consensual sexual penetration but, because of age, disability, health, or inaccessibility, cannot file the petition; or .

(3) by a person who is a family or household member of a victim of a murder.

(Source: P.A. 96-311, eff. 1-1-10.)