Illinois General Assembly - Full Text of HB1808
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Full Text of HB1808  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Dagmara Avelar and Stephanie A. Kifowit


750 ILCS 60/103  from Ch. 40, par. 2311-3

    Amends the Illinois Domestic Violence Act of 1986. Includes coercive control behavior in the definition of "abuse". Defines "coercive control behavior" as a pattern of behavior that unreasonably interferes with a person's free will and personal liberty.

LRB102 12744 LNS 18083 b





HB1808LRB102 12744 LNS 18083 b

1    AN ACT concerning domestic violence.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 103 as follows:
6    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
7    Sec. 103. Definitions. For the purposes of this Act, the
8following terms shall have the following meanings:
9    (1) "Abuse" means physical abuse, harassment, intimidation
10of a dependent, interference with personal liberty, coercive
11control behavior, or willful deprivation but does not include
12reasonable direction of a minor child by a parent or person in
13loco parentis.
14    (2) "Adult with disabilities" means an elder adult with
15disabilities or a high-risk adult with disabilities. A person
16may be an adult with disabilities for purposes of this Act even
17though he or she has never been adjudicated an incompetent
18adult. However, no court proceeding may be initiated or
19continued on behalf of an adult with disabilities over that
20adult's objection, unless such proceeding is approved by his
21or her legal guardian, if any.
22    (2.5) "Coercive control behavior" means a pattern of
23behavior that unreasonably interferes with a person's free



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1will and personal liberty, including, but not limited to:
2        (1) isolating the other person from friends,
3    relatives, or other sources of support;
4        (2) depriving the other person of basic necessities;
5        (3) controlling, regulating, or monitoring the other
6    person's movements, communications, daily behavior,
7    finances, economic resources, or access to services; and
8        (4) compelling the other person by force, threat of
9    force, or intimidation to engage in conduct from which the
10    other person has a right to abstain, or abstain from
11    conduct in which the other person has a right to engage.
12    (3) "Domestic violence" means abuse as defined in
13paragraph (1).
14    (4) "Elder adult with disabilities" means an adult
15prevented by advanced age from taking appropriate action to
16protect himself or herself from abuse by a family or household
18    (5) "Exploitation" means the illegal, including tortious,
19use of a high-risk adult with disabilities or of the assets or
20resources of a high-risk adult with disabilities. Exploitation
21includes, but is not limited to, the misappropriation of
22assets or resources of a high-risk adult with disabilities by
23undue influence, by breach of a fiduciary relationship, by
24fraud, deception, or extortion, or the use of such assets or
25resources in a manner contrary to law.
26    (6) "Family or household members" include spouses, former



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1spouses, parents, children, stepchildren and other persons
2related by blood or by present or prior marriage, persons who
3share or formerly shared a common dwelling, persons who have
4or allegedly have a child in common, persons who share or
5allegedly share a blood relationship through a child, persons
6who have or have had a dating or engagement relationship,
7persons with disabilities and their personal assistants, and
8caregivers as defined in Section 12-4.4a of the Criminal Code
9of 2012. For purposes of this paragraph, neither a casual
10acquaintanceship nor ordinary fraternization between 2
11individuals in business or social contexts shall be deemed to
12constitute a dating relationship. In the case of a high-risk
13adult with disabilities, "family or household members"
14includes any person who has the responsibility for a high-risk
15adult as a result of a family relationship or who has assumed
16responsibility for all or a portion of the care of a high-risk
17adult with disabilities voluntarily, or by express or implied
18contract, or by court order.
19    (7) "Harassment" means knowing conduct which is not
20necessary to accomplish a purpose that is reasonable under the
21circumstances; would cause a reasonable person emotional
22distress; and does cause emotional distress to the petitioner.
23Unless the presumption is rebutted by a preponderance of the
24evidence, the following types of conduct shall be presumed to
25cause emotional distress:
26        (i) creating a disturbance at petitioner's place of



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1    employment or school;
2        (ii) repeatedly telephoning petitioner's place of
3    employment, home or residence;
4        (iii) repeatedly following petitioner about in a
5    public place or places;
6        (iv) repeatedly keeping petitioner under surveillance
7    by remaining present outside his or her home, school,
8    place of employment, vehicle or other place occupied by
9    petitioner or by peering in petitioner's windows;
10        (v) improperly concealing a minor child from
11    petitioner, repeatedly threatening to improperly remove a
12    minor child of petitioner's from the jurisdiction or from
13    the physical care of petitioner, repeatedly threatening to
14    conceal a minor child from petitioner, or making a single
15    such threat following an actual or attempted improper
16    removal or concealment, unless respondent was fleeing an
17    incident or pattern of domestic violence; or
18        (vi) threatening physical force, confinement or
19    restraint on one or more occasions.
20    (8) "High-risk adult with disabilities" means a person
21aged 18 or over whose physical or mental disability impairs
22his or her ability to seek or obtain protection from abuse,
23neglect, or exploitation.
24    (9) "Interference with personal liberty" means committing
25or threatening physical abuse, harassment, intimidation, or
26willful deprivation so as to compel another to engage in



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1conduct from which she or he has a right to abstain or to
2refrain from conduct in which she or he has a right to engage.
3    (10) "Intimidation of a dependent" means subjecting a
4person who is dependent because of age, health or disability
5to participation in or the witnessing of: physical force
6against another or physical confinement or restraint of
7another which constitutes physical abuse as defined in this
8Act, regardless of whether the abused person is a family or
9household member.
10    (11) (A) "Neglect" means the failure to exercise that
11degree of care toward a high-risk adult with disabilities
12which a reasonable person would exercise under the
13circumstances and includes but is not limited to:
14        (i) the failure to take reasonable steps to protect a
15    high-risk adult with disabilities from acts of abuse;
16        (ii) the repeated, careless imposition of unreasonable
17    confinement;
18        (iii) the failure to provide food, shelter, clothing,
19    and personal hygiene to a high-risk adult with
20    disabilities who requires such assistance;
21        (iv) the failure to provide medical and rehabilitative
22    care for the physical and mental health needs of a
23    high-risk adult with disabilities; or
24        (v) the failure to protect a high-risk adult with
25    disabilities from health and safety hazards.
26    (B) Nothing in this subsection (10) shall be construed to



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1impose a requirement that assistance be provided to a
2high-risk adult with disabilities over his or her objection in
3the absence of a court order, nor to create any new affirmative
4duty to provide support to a high-risk adult with
6    (12) "Order of protection" means an emergency order,
7interim order or plenary order, granted pursuant to this Act,
8which includes any or all of the remedies authorized by
9Section 214 of this Act.
10    (13) "Petitioner" may mean not only any named petitioner
11for the order of protection and any named victim of abuse on
12whose behalf the petition is brought, but also any other
13person protected by this Act.
14    (14) "Physical abuse" includes sexual abuse and means any
15of the following:
16        (i) knowing or reckless use of physical force,
17    confinement or restraint;
18        (ii) knowing, repeated and unnecessary sleep
19    deprivation; or
20        (iii) knowing or reckless conduct which creates an
21    immediate risk of physical harm.
22    (14.5) "Stay away" means for the respondent to refrain
23from both physical presence and nonphysical contact with the
24petitioner whether direct, indirect (including, but not
25limited to, telephone calls, mail, email, faxes, and written
26notes), or through third parties who may or may not know about



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1the order of protection.
2    (15) "Willful deprivation" means wilfully denying a person
3who because of age, health or disability requires medication,
4medical care, shelter, accessible shelter or services, food,
5therapeutic device, or other physical assistance, and thereby
6exposing that person to the risk of physical, mental or
7emotional harm, except with regard to medical care or
8treatment when the dependent person has expressed an intent to
9forgo such medical care or treatment. This paragraph does not
10create any new affirmative duty to provide support to
11dependent persons.
12(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)