Full Text of SB0257 102nd General Assembly
SB0257enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 1.1 as follows:
| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 | | Sec. 1.1. For purposes of this Act:
| 8 | | "Addicted to narcotics" means a person who has been: | 9 | | (1) convicted of an offense involving the use or | 10 | | possession of cannabis, a controlled substance, or | 11 | | methamphetamine within the past year; or | 12 | | (2) determined by the Illinois State Police to be | 13 | | addicted to narcotics based upon federal law or federal | 14 | | guidelines. | 15 | | "Addicted to narcotics" does not include possession or use | 16 | | of a prescribed controlled substance under the direction and | 17 | | authority of a physician or other person authorized to | 18 | | prescribe the controlled substance when the controlled | 19 | | substance is used in the prescribed manner. | 20 | | "Adjudicated as a person with a mental disability" means | 21 | | the person is the subject of a determination by a court, board, | 22 | | commission or other lawful authority that the person, as a | 23 | | result of marked subnormal intelligence, or mental illness, |
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| 1 | | mental impairment, incompetency, condition, or disease: | 2 | | (1) presents a clear and present danger to himself, | 3 | | herself, or to others; | 4 | | (2) lacks the mental capacity to manage his or her own | 5 | | affairs or is adjudicated a person with a disability as | 6 | | defined in Section 11a-2 of the Probate Act of 1975; | 7 | | (3) is not guilty in a criminal case by reason of | 8 | | insanity, mental disease or defect; | 9 | | (3.5) is guilty but mentally ill, as provided in | 10 | | Section 5-2-6 of the Unified Code of Corrections; | 11 | | (4) is incompetent to stand trial in a criminal case; | 12 | | (5) is not guilty by reason of lack of mental | 13 | | responsibility under Articles 50a and 72b of the Uniform | 14 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 15 | | (6) is a sexually violent person under subsection (f) | 16 | | of Section 5 of the Sexually Violent Persons Commitment | 17 | | Act; | 18 | | (7) is a sexually dangerous person under the Sexually | 19 | | Dangerous Persons Act; | 20 | | (8) is unfit to stand trial under the Juvenile Court | 21 | | Act of 1987; | 22 | | (9) is not guilty by reason of insanity under the | 23 | | Juvenile Court Act of 1987; | 24 | | (10) is subject to involuntary admission as an | 25 | | inpatient as defined in Section 1-119 of the Mental Health | 26 | | and Developmental Disabilities Code; |
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| 1 | | (11) is subject to involuntary admission as an | 2 | | outpatient as defined in Section 1-119.1 of the Mental | 3 | | Health and Developmental Disabilities Code; | 4 | | (12) is subject to judicial admission as set forth in | 5 | | Section 4-500 of the Mental Health and Developmental | 6 | | Disabilities Code; or | 7 | | (13) is subject to the provisions of the Interstate | 8 | | Agreements on Sexually Dangerous Persons Act. | 9 | | "Clear and present danger" means a person who: | 10 | | (1) communicates a serious threat of physical violence | 11 | | against a reasonably identifiable victim or poses a clear | 12 | | and imminent risk of serious physical injury to himself, | 13 | | herself, or another person as determined by a physician, | 14 | | clinical psychologist, or qualified examiner; or | 15 | | (2) demonstrates threatening physical or verbal | 16 | | behavior, such as violent, suicidal, or assaultive | 17 | | threats, actions, or other behavior, as determined by a | 18 | | physician, clinical psychologist, qualified examiner, | 19 | | school administrator, or law enforcement official. | 20 | | "Clinical psychologist" has the meaning provided in | 21 | | Section 1-103 of the Mental Health and Developmental | 22 | | Disabilities Code. | 23 | | "Controlled substance" means a controlled substance or | 24 | | controlled substance analog as defined in the Illinois | 25 | | Controlled Substances Act. | 26 | | "Counterfeit" means to copy or imitate, without legal |
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| 1 | | authority, with
intent
to deceive. | 2 | | "Federally licensed firearm dealer" means a person who is | 3 | | licensed as a federal firearms dealer under Section 923 of the | 4 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 5 | | "Firearm" means any device, by
whatever name known, which | 6 | | is designed to expel a projectile or projectiles
by the action | 7 | | of an explosion, expansion of gas or escape of gas; excluding,
| 8 | | however:
| 9 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 10 | | B-B gun which
expels a single globular projectile not | 11 | | exceeding .18 inch in
diameter or which has a maximum | 12 | | muzzle velocity of less than 700 feet
per second;
| 13 | | (1.1) any pneumatic gun, spring gun, paint ball gun, | 14 | | or B-B gun which expels breakable paint balls containing | 15 | | washable marking colors; | 16 | | (2) any device used exclusively for signaling or | 17 | | safety and required or
recommended by the United States | 18 | | Coast Guard or the Interstate Commerce
Commission;
| 19 | | (3) any device used exclusively for the firing of stud | 20 | | cartridges,
explosive rivets or similar industrial | 21 | | ammunition; and
| 22 | | (4) an antique firearm (other than a machine-gun) | 23 | | which, although
designed as a weapon, the Illinois State | 24 | | Police finds by reason of
the date of its manufacture, | 25 | | value, design, and other characteristics is
primarily a | 26 | | collector's item and is not likely to be used as a weapon.
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| 1 | | "Firearm ammunition" means any self-contained cartridge or | 2 | | shotgun
shell, by whatever name known, which is designed to be | 3 | | used or adaptable to
use in a firearm; excluding, however:
| 4 | | (1) any ammunition exclusively designed for use with a | 5 | | device used
exclusively for signaling signalling or safety | 6 | | and required or recommended by the
United States Coast | 7 | | Guard or the Interstate Commerce Commission; and
| 8 | | (2) any ammunition designed exclusively for use with a | 9 | | stud or rivet
driver or other similar industrial | 10 | | ammunition. | 11 | | "Gun show" means an event or function: | 12 | | (1) at which the sale and transfer of firearms is the | 13 | | regular and normal course of business and where 50 or more | 14 | | firearms are displayed, offered, or exhibited for sale, | 15 | | transfer, or exchange; or | 16 | | (2) at which not less than 10 gun show vendors | 17 | | display, offer, or exhibit for sale, sell, transfer, or | 18 | | exchange firearms.
| 19 | | "Gun show" includes the entire premises provided for an | 20 | | event or function, including parking areas for the event or | 21 | | function, that is sponsored to facilitate the purchase, sale, | 22 | | transfer, or exchange of firearms as described in this | 23 | | Section.
Nothing in this definition shall be construed to | 24 | | exclude a gun show held in conjunction with competitive | 25 | | shooting events at the World Shooting Complex sanctioned by a | 26 | | national governing body in which the sale or transfer of |
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| 1 | | firearms is authorized under subparagraph (5) of paragraph (g) | 2 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | 3 | | Unless otherwise expressly stated, "gun show" does not | 4 | | include training or safety classes, competitive shooting | 5 | | events, such as rifle, shotgun, or handgun matches, trap, | 6 | | skeet, or sporting clays shoots, dinners, banquets, raffles, | 7 | | or
any other event where the sale or transfer of firearms is | 8 | | not the primary course of business. | 9 | | "Gun show promoter" means a person who organizes or | 10 | | operates a gun show. | 11 | | "Gun show vendor" means a person who exhibits, sells, | 12 | | offers for sale, transfers, or exchanges any firearms at a gun | 13 | | show, regardless of whether the person arranges with a gun | 14 | | show promoter for a fixed location from which to exhibit, | 15 | | sell, offer for sale, transfer, or exchange any firearm. | 16 | | "Involuntarily admitted" has the meaning as prescribed in | 17 | | Sections 1-119 and 1-119.1 of the Mental Health and | 18 | | Developmental Disabilities Code. | 19 | | "Mental health facility" means any licensed private | 20 | | hospital or hospital affiliate, institution, or facility, or | 21 | | part thereof, and any facility, or part thereof, operated by | 22 | | the State or a political subdivision thereof which provides | 23 | | provide treatment of persons with mental illness and includes | 24 | | all hospitals, institutions, clinics, evaluation facilities, | 25 | | mental health centers, colleges, universities, long-term care | 26 | | facilities, and nursing homes, or parts thereof, which provide |
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| 1 | | treatment of persons with mental illness whether or not the | 2 | | primary purpose is to provide treatment of persons with mental | 3 | | illness. | 4 | | "National governing body" means a group of persons who | 5 | | adopt rules and formulate policy on behalf of a national | 6 | | firearm sporting organization. | 7 | | "Patient" means: | 8 | | (1) a person who is admitted as an inpatient or | 9 | | resident of a public or private mental health facility for | 10 | | mental health treatment under Chapter III of the Mental | 11 | | Health and Developmental Disabilities Code as an informal | 12 | | admission, a voluntary admission, a minor admission, an | 13 | | emergency admission, or an involuntary admission, unless | 14 | | the treatment was solely for an alcohol abuse disorder; or | 15 | | (2) a person who voluntarily or involuntarily receives | 16 | | mental health treatment as an out-patient or is otherwise | 17 | | provided services by a public or private mental health | 18 | | facility , and who poses a clear and present danger to | 19 | | himself, herself, or to others. | 20 | | "Person with a developmental disability" means a person | 21 | | with a disability which is attributable to any other condition | 22 | | which results in impairment similar to that caused by an | 23 | | intellectual disability and which requires services similar to | 24 | | those required by persons with intellectual disabilities. The | 25 | | disability must originate before the age of 18
years, be | 26 | | expected to continue indefinitely, and constitute a |
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| 1 | | substantial disability. This disability results, in the | 2 | | professional opinion of a physician, clinical psychologist, or | 3 | | qualified examiner, in significant functional limitations in 3 | 4 | | or more of the following areas of major life activity: | 5 | | (i) self-care; | 6 | | (ii) receptive and expressive language; | 7 | | (iii) learning; | 8 | | (iv) mobility; or | 9 | | (v) self-direction. | 10 | | "Person with an intellectual disability" means a person | 11 | | with a significantly subaverage general intellectual | 12 | | functioning which exists concurrently with impairment in | 13 | | adaptive behavior and which originates before the age of 18 | 14 | | years. | 15 | | "Physician" has the meaning as defined in Section 1-120 of | 16 | | the Mental Health and Developmental Disabilities Code. | 17 | | "Protective order" means any orders of protection issued | 18 | | under the Illinois Domestic Violence Act of 1986, stalking no | 19 | | contact orders issued under the Stalking No Contact Order Act, | 20 | | civil no contact orders issued under the Civil No Contact | 21 | | Order Act, and firearms restraining orders issued under the | 22 | | Firearms Restraining Order Act or a substantially similar | 23 | | order issued by the court of another state, tribe, or United | 24 | | States territory or military tribunal . | 25 | | "Qualified examiner" has the meaning provided in Section | 26 | | 1-122 of the Mental Health and Developmental Disabilities |
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| 1 | | Code. | 2 | | "Sanctioned competitive shooting event" means a shooting | 3 | | contest officially recognized by a national or state shooting | 4 | | sport association, and includes any sight-in or practice | 5 | | conducted in conjunction with the event.
| 6 | | "School administrator" means the person required to report | 7 | | under the School Administrator Reporting of Mental Health | 8 | | Clear and Present Danger Determinations Law. | 9 | | "Stun gun or taser" has the meaning ascribed to it in | 10 | | Section 24-1 of the Criminal Code of 2012. | 11 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 12 | | revised 10-6-21.) | 13 | | Section 10. The Code of Criminal Procedure of 1963 is | 14 | | amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as | 15 | | follows: | 16 | | (725 ILCS 5/112A-4.5) | 17 | | Sec. 112A-4.5. Who may file petition. | 18 | | (a) A petition for a domestic violence order of protection | 19 | | may be filed: | 20 | | (1) by a named victim
who
has been abused by a family | 21 | | or household member; | 22 | | (2) by any person or by the State's Attorney on behalf
| 23 | | of a named victim who is a minor child or an adult who has | 24 | | been
abused by a family or household
member and who, |
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| 1 | | because of age, health, disability, or inaccessibility,
| 2 | | cannot file the petition; | 3 | | (3) by a State's Attorney on behalf of any minor child | 4 | | or dependent adult in the care of the named victim, if the | 5 | | named victim does not file a petition or request the | 6 | | State's Attorney file the petition; or | 7 | | (4) any of the following persons if the person is | 8 | | abused by a family or household member of a child: | 9 | | (i) a foster parent of that child if the child has | 10 | | been placed in the foster parent's home by the | 11 | | Department of Children and Family Services or by | 12 | | another state's public child welfare agency; | 13 | | (ii) a legally appointed guardian or legally | 14 | | appointed custodian of that child; | 15 | | (iii) an adoptive parent of that child; | 16 | | (iv) a prospective adoptive parent of that child | 17 | | if the child has been placed in the prospective | 18 | | adoptive parent's home pursuant to the Adoption Act or | 19 | | pursuant to another state's law. | 20 | | For purposes of this paragraph (a)(4), individuals who | 21 | | would have been considered "family or household members" of | 22 | | the child under paragraph (3) of subsection (b) of Section | 23 | | 112A-3 before a termination of the parental rights with | 24 | | respect to the child continue to meet the definition of | 25 | | "family or household members" of the child. | 26 | | (b) A petition for a civil no contact order may be filed: |
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| 1 | | (1) by any person who is a named victim of | 2 | | non-consensual
sexual conduct or non-consensual sexual | 3 | | penetration, including a single incident of non-consensual | 4 | | sexual conduct or non-consensual sexual penetration; | 5 | | (2) by a person or by the State's Attorney on behalf of | 6 | | a named victim who is a minor child or an
adult who is a | 7 | | victim of non-consensual sexual conduct or non-consensual | 8 | | sexual penetration but, because of age, disability, | 9 | | health, or inaccessibility, cannot file the petition; or | 10 | | (3) by a State's Attorney on behalf of any minor child | 11 | | who is a family or household member of the named victim, if | 12 | | the named victim does not file a petition or request the | 13 | | State's Attorney file the petition ; | 14 | | (4) by a service member of the Illinois National Guard | 15 | | or any reserve military component serving within the State | 16 | | who is a victim of non-consensual sexual conduct who has | 17 | | also received a Military Protective Order; or | 18 | | (5) by the Staff Judge Advocate of the Illinois | 19 | | National Guard or any reserve military component serving | 20 | | in the State on behalf of a named victim who is a victim of | 21 | | non-consensual sexual conduct who has also received a | 22 | | Military Protective Order . | 23 | | (c) A petition for a stalking no contact order may be | 24 | | filed: | 25 | | (1) by any person who is a named victim of stalking; | 26 | | (2) by a person or by the State's Attorney on behalf of |
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| 1 | | a named victim who is a minor child or an
adult who is a | 2 | | victim of stalking but, because of age, disability, | 3 | | health, or inaccessibility, cannot file the petition; or | 4 | | (3) by a State's Attorney on behalf of any minor child | 5 | | who is a family or household member of the named victim, if | 6 | | the named victim does not file a petition or request the | 7 | | State's Attorney file the petition ; | 8 | | (4) by a service member of the Illinois National Guard | 9 | | or any reserve military component serving within the State | 10 | | who is a victim of non-consensual sexual conduct who has | 11 | | also received a Military Protective Order; or | 12 | | (5) by the Staff Judge Advocate of the Illinois | 13 | | National Guard or any reserve military component serving | 14 | | in the State on behalf of a named victim who is a victim of | 15 | | non-consensual sexual conduct who has also received a | 16 | | Military Protective Order . | 17 | | (d) The State's Attorney shall file a petition on behalf | 18 | | of any person who may file a petition under subsections (a), | 19 | | (b), or (c) of this Section if the person requests the State's | 20 | | Attorney to file a petition on the person's behalf, unless the | 21 | | State's Attorney has a good faith basis to delay filing the | 22 | | petition. The State's Attorney shall inform the person that | 23 | | the State's Attorney will not be filing the petition at that | 24 | | time and that the person may file a petition or may retain an | 25 | | attorney to file the petition. The State's Attorney may file | 26 | | the petition at a later date. |
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| 1 | | (d-5) (1) A person eligible to file a petition under | 2 | | subsection (a), (b), or (c) of this Section may retain an | 3 | | attorney to represent the petitioner on the petitioner's | 4 | | request for a protective order. The attorney's representation | 5 | | is limited to matters related to the petition and relief | 6 | | authorized under this Article. | 7 | | (2) Advocates shall be allowed to accompany the petitioner | 8 | | and confer with the victim, unless otherwise directed by the | 9 | | court. Advocates are not engaged in the unauthorized practice | 10 | | of law when providing assistance to the petitioner. | 11 | | (e) Any petition properly
filed under this Article may | 12 | | seek
protection for any additional persons protected by this | 13 | | Article.
| 14 | | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; | 15 | | 100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
| 16 | | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| 17 | | (Text of Section before amendment by P.A. 101-652 ) | 18 | | Sec. 112A-23. Enforcement of protective orders.
| 19 | | (a) When violation is crime. A violation of any protective | 20 | | order,
whether issued in a civil, quasi-criminal proceeding or | 21 | | by a military tribunal , shall be
enforced by a
criminal court | 22 | | when:
| 23 | | (1) The respondent commits the crime of violation of a | 24 | | domestic violence order of
protection pursuant to Section | 25 | | 12-3.4 or 12-30 of the Criminal Code of
1961 or the |
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| 1 | | Criminal Code of 2012, by
having knowingly violated:
| 2 | | (i) remedies described in paragraph paragraphs | 3 | | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | 4 | | Section 112A-14 of this Code,
| 5 | | (ii) a remedy, which is substantially similar to | 6 | | the remedies
authorized
under paragraph paragraphs | 7 | | (1), (2), (3), (14), or (14.5) of subsection (b) of | 8 | | Section 214
of the Illinois Domestic Violence Act of | 9 | | 1986, in a valid order of protection,
which is | 10 | | authorized under the laws of another state, tribe , or | 11 | | United States
territory, or
| 12 | | (iii) any other remedy when the act
constitutes a | 13 | | crime against the protected parties as defined by the | 14 | | Criminal
Code of 1961 or the Criminal Code of 2012.
| 15 | | Prosecution for a violation of a domestic violence | 16 | | order of protection shall
not bar concurrent prosecution | 17 | | for any other crime, including any crime
that may have | 18 | | been committed at the time of the violation of the | 19 | | domestic violence order
of protection; or
| 20 | | (2) The respondent commits the crime of child | 21 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012, by having knowingly | 23 | | violated:
| 24 | | (i) remedies described in paragraph paragraphs | 25 | | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | 26 | | of this Code, or
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| 1 | | (ii) a remedy, which is substantially similar to | 2 | | the remedies
authorized
under paragraph paragraphs | 3 | | (1),
(5), (6), or (8) of subsection (b) of Section 214
| 4 | | of the Illinois Domestic Violence Act of 1986, in a | 5 | | valid domestic violence order of protection,
which is | 6 | | authorized under the laws of another state, tribe , or | 7 | | United States
territory.
| 8 | | (3) The respondent commits the crime of violation of a | 9 | | civil no contact order when the respondent violates | 10 | | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | 11 | | for a violation of a civil no contact order shall not bar | 12 | | concurrent prosecution for any other crime, including any | 13 | | crime that may have been committed at the time of the | 14 | | violation of the civil no contact order. | 15 | | (4) The respondent commits the crime of violation of a | 16 | | stalking no contact order when the respondent violates | 17 | | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | 18 | | for a violation of a stalking no contact order shall not | 19 | | bar concurrent prosecution for any other crime, including | 20 | | any crime that may have been committed at the time of the | 21 | | violation of the stalking no contact order. | 22 | | (b) When violation is contempt of court. A violation of | 23 | | any valid protective order, whether issued in a civil or | 24 | | criminal
proceeding or by a military tribunal , may be enforced | 25 | | through civil or criminal contempt procedures,
as appropriate, | 26 | | by any court with jurisdiction, regardless where the act or
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| 1 | | acts which violated the protective order were committed, to | 2 | | the extent
consistent with the venue provisions of this | 3 | | Article. Nothing in this
Article shall preclude any Illinois | 4 | | court from enforcing any valid protective order issued in | 5 | | another state. Illinois courts may enforce protective orders | 6 | | through both criminal prosecution and contempt proceedings,
| 7 | | unless the action which is second in time is barred by | 8 | | collateral estoppel
or the constitutional prohibition against | 9 | | double jeopardy.
| 10 | | (1) In a contempt proceeding where the petition for a | 11 | | rule to show
cause sets forth facts evidencing an | 12 | | immediate danger that the
respondent will flee the | 13 | | jurisdiction, conceal a child, or inflict physical
abuse | 14 | | on the petitioner or minor children or on dependent adults | 15 | | in
petitioner's care, the court may order the
attachment | 16 | | of the respondent without prior service of the rule to | 17 | | show
cause or the petition for a rule to show cause. Bond | 18 | | shall be set unless
specifically denied in writing.
| 19 | | (2) A petition for a rule to show cause for violation | 20 | | of a protective order shall be treated as an expedited | 21 | | proceeding.
| 22 | | (c) Violation of custody, allocation of parental | 23 | | responsibility, or support orders. A violation of remedies
| 24 | | described in paragraph paragraphs (5), (6), (8), or (9) of | 25 | | subsection (b) of Section
112A-14 of this Code may be enforced | 26 | | by any remedy provided by Section 607.5 of
the Illinois |
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| 1 | | Marriage and Dissolution of Marriage Act. The court may
| 2 | | enforce any order for support issued under paragraph (12) of | 3 | | subsection (b)
of Section 112A-14 of this Code in the manner | 4 | | provided for under Parts
V and VII of the
Illinois Marriage and | 5 | | Dissolution of Marriage Act.
| 6 | | (d) Actual knowledge. A protective order may be
enforced | 7 | | pursuant to this Section if the respondent violates the order
| 8 | | after the respondent has actual knowledge of its contents
as | 9 | | shown through one of the following means:
| 10 | | (1) (Blank).
| 11 | | (2) (Blank).
| 12 | | (3) By service of a protective order under subsection | 13 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| 14 | | (4) By other means demonstrating actual knowledge of | 15 | | the contents of the order.
| 16 | | (e) The enforcement of a protective order in civil or | 17 | | criminal court
shall not be affected by either of the | 18 | | following:
| 19 | | (1) The existence of a separate, correlative order | 20 | | entered under Section
112A-15 of this Code.
| 21 | | (2) Any finding or order entered in a conjoined | 22 | | criminal proceeding.
| 23 | | (e-5) If a civil no contact order entered under subsection | 24 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 25 | | 1963 conflicts with an order issued pursuant to the Juvenile | 26 | | Court Act of 1987 or the Illinois Marriage and Dissolution of |
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| 1 | | Marriage Act, the conflicting order issued under subsection | 2 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 3 | | 1963 shall be void. | 4 | | (f) Circumstances. The court, when determining whether or | 5 | | not a
violation of a protective order has occurred, shall not | 6 | | require
physical manifestations of abuse on the person of the | 7 | | victim.
| 8 | | (g) Penalties.
| 9 | | (1) Except as provided in paragraph (3) of this
| 10 | | subsection (g), where the court finds the commission of a | 11 | | crime or contempt of
court under subsection subsections | 12 | | (a) or (b) of this Section, the penalty shall be
the | 13 | | penalty that generally applies in such criminal or | 14 | | contempt
proceedings, and may include one or more of the | 15 | | following: incarceration,
payment of restitution, a fine, | 16 | | payment of attorneys' fees and costs, or
community | 17 | | service.
| 18 | | (2) The court shall hear and take into account | 19 | | evidence of any factors
in aggravation or mitigation | 20 | | before deciding an appropriate penalty under
paragraph (1) | 21 | | of this subsection (g).
| 22 | | (3) To the extent permitted by law, the court is | 23 | | encouraged to:
| 24 | | (i) increase the penalty for the knowing violation | 25 | | of
any protective order over any penalty previously | 26 | | imposed by any court
for respondent's violation of any |
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| 1 | | protective order or penal statute
involving petitioner | 2 | | as victim and respondent as defendant;
| 3 | | (ii) impose a minimum penalty of 24 hours | 4 | | imprisonment for respondent's
first violation of any | 5 | | protective order; and
| 6 | | (iii) impose a minimum penalty of 48 hours | 7 | | imprisonment for
respondent's second or subsequent | 8 | | violation of a protective order | 9 | | unless the court explicitly finds that an increased | 10 | | penalty or that
period of imprisonment would be manifestly | 11 | | unjust.
| 12 | | (4) In addition to any other penalties imposed for a | 13 | | violation of a protective order, a criminal court may | 14 | | consider evidence of any
violations of a protective order:
| 15 | | (i) to increase, revoke, or modify the bail bond | 16 | | on an underlying
criminal charge pursuant to Section | 17 | | 110-6 of this Code;
| 18 | | (ii) to revoke or modify an order of probation, | 19 | | conditional discharge, or
supervision, pursuant to | 20 | | Section 5-6-4 of the Unified Code of Corrections;
| 21 | | (iii) to revoke or modify a sentence of periodic | 22 | | imprisonment, pursuant
to Section 5-7-2 of the Unified | 23 | | Code of Corrections.
| 24 | | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.) | 25 | | (Text of Section after amendment by P.A. 101-652 ) |
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| 1 | | Sec. 112A-23. Enforcement of protective orders.
| 2 | | (a) When violation is crime. A violation of any protective | 3 | | order,
whether issued in a civil, quasi-criminal proceeding or | 4 | | by a military tribunal , shall be
enforced by a
criminal court | 5 | | when:
| 6 | | (1) The respondent commits the crime of violation of a | 7 | | domestic violence order of
protection pursuant to Section | 8 | | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | 9 | | Criminal Code of 2012, by
having knowingly violated:
| 10 | | (i) remedies described in paragraph paragraphs | 11 | | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | 12 | | Section 112A-14 of this Code,
| 13 | | (ii) a remedy, which is substantially similar to | 14 | | the remedies
authorized
under paragraph paragraphs | 15 | | (1), (2), (3), (14), or (14.5) of subsection (b) of | 16 | | Section 214
of the Illinois Domestic Violence Act of | 17 | | 1986, in a valid order of protection,
which is | 18 | | authorized under the laws of another state, tribe , or | 19 | | United States
territory, or
| 20 | | (iii) any other remedy when the act
constitutes a | 21 | | crime against the protected parties as defined by the | 22 | | Criminal
Code of 1961 or the Criminal Code of 2012.
| 23 | | Prosecution for a violation of a domestic violence | 24 | | order of protection shall
not bar concurrent prosecution | 25 | | for any other crime, including any crime
that may have | 26 | | been committed at the time of the violation of the |
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| 1 | | domestic violence order
of protection; or
| 2 | | (2) The respondent commits the crime of child | 3 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 4 | | 1961 or the Criminal Code of 2012, by having knowingly | 5 | | violated:
| 6 | | (i) remedies described in paragraph paragraphs | 7 | | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | 8 | | of this Code, or
| 9 | | (ii) a remedy, which is substantially similar to | 10 | | the remedies
authorized
under paragraph paragraphs | 11 | | (1),
(5), (6), or (8) of subsection (b) of Section 214
| 12 | | of the Illinois Domestic Violence Act of 1986, in a | 13 | | valid domestic violence order of protection,
which is | 14 | | authorized under the laws of another state, tribe , or | 15 | | United States
territory.
| 16 | | (3) The respondent commits the crime of violation of a | 17 | | civil no contact order when the respondent violates | 18 | | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | 19 | | for a violation of a civil no contact order shall not bar | 20 | | concurrent prosecution for any other crime, including any | 21 | | crime that may have been committed at the time of the | 22 | | violation of the civil no contact order. | 23 | | (4) The respondent commits the crime of violation of a | 24 | | stalking no contact order when the respondent violates | 25 | | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | 26 | | for a violation of a stalking no contact order shall not |
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| 1 | | bar concurrent prosecution for any other crime, including | 2 | | any crime that may have been committed at the time of the | 3 | | violation of the stalking no contact order. | 4 | | (b) When violation is contempt of court. A violation of | 5 | | any valid protective order, whether issued in a civil or | 6 | | criminal
proceeding or by a military tribunal , may be enforced | 7 | | through civil or criminal contempt procedures,
as appropriate, | 8 | | by any court with jurisdiction, regardless where the act or
| 9 | | acts which violated the protective order were committed, to | 10 | | the extent
consistent with the venue provisions of this | 11 | | Article. Nothing in this
Article shall preclude any Illinois | 12 | | court from enforcing any valid protective order issued in | 13 | | another state. Illinois courts may enforce protective orders | 14 | | through both criminal prosecution and contempt proceedings,
| 15 | | unless the action which is second in time is barred by | 16 | | collateral estoppel
or the constitutional prohibition against | 17 | | double jeopardy.
| 18 | | (1) In a contempt proceeding where the petition for a | 19 | | rule to show
cause sets forth facts evidencing an | 20 | | immediate danger that the
respondent will flee the | 21 | | jurisdiction, conceal a child, or inflict physical
abuse | 22 | | on the petitioner or minor children or on dependent adults | 23 | | in
petitioner's care, the court may order the
attachment | 24 | | of the respondent without prior service of the rule to | 25 | | show
cause or the petition for a rule to show cause. Bond | 26 | | shall be set unless
specifically denied in writing.
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| 1 | | (2) A petition for a rule to show cause for violation | 2 | | of a protective order shall be treated as an expedited | 3 | | proceeding.
| 4 | | (c) Violation of custody, allocation of parental | 5 | | responsibility, or support orders. A violation of remedies
| 6 | | described in paragraph paragraphs (5), (6), (8), or (9) of | 7 | | subsection (b) of Section
112A-14 of this Code may be enforced | 8 | | by any remedy provided by Section 607.5 of
the Illinois | 9 | | Marriage and Dissolution of Marriage Act. The court may
| 10 | | enforce any order for support issued under paragraph (12) of | 11 | | subsection (b)
of Section 112A-14 of this Code in the manner | 12 | | provided for under Parts
V and VII of the
Illinois Marriage and | 13 | | Dissolution of Marriage Act.
| 14 | | (d) Actual knowledge. A protective order may be
enforced | 15 | | pursuant to this Section if the respondent violates the order
| 16 | | after the respondent has actual knowledge of its contents
as | 17 | | shown through one of the following means:
| 18 | | (1) (Blank).
| 19 | | (2) (Blank).
| 20 | | (3) By service of a protective order under subsection | 21 | | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| 22 | | (4) By other means demonstrating actual knowledge of | 23 | | the contents of the order.
| 24 | | (e) The enforcement of a protective order in civil or | 25 | | criminal court
shall not be affected by either of the | 26 | | following:
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| 1 | | (1) The existence of a separate, correlative order | 2 | | entered under Section
112A-15 of this Code.
| 3 | | (2) Any finding or order entered in a conjoined | 4 | | criminal proceeding.
| 5 | | (e-5) If a civil no contact order entered under subsection | 6 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 7 | | 1963 conflicts with an order issued pursuant to the Juvenile | 8 | | Court Act of 1987 or the Illinois Marriage and Dissolution of | 9 | | Marriage Act, the conflicting order issued under subsection | 10 | | (6) of Section 112A-20 of the Code of Criminal Procedure of | 11 | | 1963 shall be void. | 12 | | (f) Circumstances. The court, when determining whether or | 13 | | not a
violation of a protective order has occurred, shall not | 14 | | require
physical manifestations of abuse on the person of the | 15 | | victim.
| 16 | | (g) Penalties.
| 17 | | (1) Except as provided in paragraph (3) of this
| 18 | | subsection (g), where the court finds the commission of a | 19 | | crime or contempt of
court under subsection subsections | 20 | | (a) or (b) of this Section, the penalty shall be
the | 21 | | penalty that generally applies in such criminal or | 22 | | contempt
proceedings, and may include one or more of the | 23 | | following: incarceration,
payment of restitution, a fine, | 24 | | payment of attorneys' fees and costs, or
community | 25 | | service.
| 26 | | (2) The court shall hear and take into account |
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| 1 | | evidence of any factors
in aggravation or mitigation | 2 | | before deciding an appropriate penalty under
paragraph (1) | 3 | | of this subsection (g).
| 4 | | (3) To the extent permitted by law, the court is | 5 | | encouraged to:
| 6 | | (i) increase the penalty for the knowing violation | 7 | | of
any protective order over any penalty previously | 8 | | imposed by any court
for respondent's violation of any | 9 | | protective order or penal statute
involving petitioner | 10 | | as victim and respondent as defendant;
| 11 | | (ii) impose a minimum penalty of 24 hours | 12 | | imprisonment for respondent's
first violation of any | 13 | | protective order; and
| 14 | | (iii) impose a minimum penalty of 48 hours | 15 | | imprisonment for
respondent's second or subsequent | 16 | | violation of a protective order | 17 | | unless the court explicitly finds that an increased | 18 | | penalty or that
period of imprisonment would be manifestly | 19 | | unjust.
| 20 | | (4) In addition to any other penalties imposed for a | 21 | | violation of a protective order, a criminal court may | 22 | | consider evidence of any
violations of a protective order:
| 23 | | (i) to modify the conditions of pretrial release | 24 | | on an underlying
criminal charge pursuant to Section | 25 | | 110-6 of this Code;
| 26 | | (ii) to revoke or modify an order of probation, |
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| 1 | | conditional discharge, or
supervision, pursuant to | 2 | | Section 5-6-4 of the Unified Code of Corrections;
| 3 | | (iii) to revoke or modify a sentence of periodic | 4 | | imprisonment, pursuant
to Section 5-7-2 of the Unified | 5 | | Code of Corrections.
| 6 | | (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; | 7 | | 102-558, eff. 8-20-21; revised 10-12-21.)
| 8 | | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| 9 | | Sec. 112A-28. Data maintenance by law enforcement | 10 | | agencies.
| 11 | | (a) All sheriffs shall furnish to the Illinois State | 12 | | Police, daily, in
the form and detail the Illinois State | 13 | | Police Department requires, copies of any recorded protective | 14 | | orders issued by the court, and any foreign protective orders , | 15 | | including, but not limited to, an order of protection issued | 16 | | by a military tribunal, filed by
the clerk of the court, and | 17 | | transmitted to the sheriff by the clerk of the
court. Each | 18 | | protective order shall be entered in the Law Enforcement | 19 | | Agencies
Data System on the same day it is issued by the court.
| 20 | | (b) The Illinois State Police shall maintain a complete | 21 | | and systematic
record and index of all valid and recorded | 22 | | protective orders issued or
filed under this Act. The data | 23 | | shall be used to inform all dispatchers
and law enforcement | 24 | | officers at the scene of an alleged incident of abuse or
| 25 | | violation of a protective order of any recorded prior incident |
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| 1 | | of abuse
involving the abused party and the effective dates | 2 | | and terms of any recorded
protective order.
| 3 | | (c) The data, records and transmittals required under this | 4 | | Section shall
pertain to: | 5 | | (1) any valid emergency, interim or plenary domestic | 6 | | violence order of protection, civil no contact or stalking | 7 | | no contact order
issued in a civil proceeding; and | 8 | | (2) any valid ex parte or final protective order | 9 | | issued in a criminal proceeding or authorized under the | 10 | | laws
of another state, tribe, or United States territory.
| 11 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 12 | | Section 15. The Illinois Domestic Violence Act of 1986 is | 13 | | amended by changing Sections 222.5, 223, and 302 as follows:
| 14 | | (750 ILCS 60/222.5)
| 15 | | Sec. 222.5. Filing of an order of protection issued in | 16 | | another state or other jurisdiction .
| 17 | | (a) A person entitled to protection under an order of | 18 | | protection issued by
the court of another state, tribe, or | 19 | | United States territory or military tribunal may file a
| 20 | | certified copy of the order of protection with the clerk of the | 21 | | court in a
judicial circuit in which the person believes that | 22 | | enforcement may be
necessary. | 23 | | (a-5) The Illinois National Guard shall file a certified | 24 | | copy of any military order of protection with the clerk of the |
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| 1 | | court in a judicial circuit in which the person entitled to | 2 | | protection resides or if the person entitled to protection is | 3 | | not a State resident, in a judicial circuit in which it is | 4 | | believed that enforcement may be necessary.
| 5 | | (b) The clerk shall:
| 6 | | (1) treat the foreign order of protection , including, | 7 | | but not limited to, an order of protection issued by a | 8 | | military tribunal, in the same manner as a judgment
of the | 9 | | circuit court for any county of this State in accordance | 10 | | with the
provisions of the Uniform Enforcement of Foreign | 11 | | Judgments Act, except that the
clerk shall not mail notice | 12 | | of the filing of the foreign order to the
respondent named | 13 | | in the order; and
| 14 | | (2) on the same day that a foreign
order of protection | 15 | | is filed, file a certified copy of that order with the
| 16 | | sheriff or other law enforcement officials charged with | 17 | | maintaining Illinois State Police records as set forth in | 18 | | Section 222 of this Act.
| 19 | | (c) Neither residence in this State nor filing of a | 20 | | foreign order of
protection , including, but not limited to, an | 21 | | order of protection issued by a military tribunal, shall be | 22 | | required for enforcement of the order by this State.
Failure | 23 | | to file the foreign order shall not be an impediment to its | 24 | | treatment
in all respects as an Illinois order of protection.
| 25 | | (d) The clerk shall not charge a fee to file a foreign | 26 | | order of protection
under this Section.
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| 1 | | (e) The sheriff shall inform the Illinois State Police as | 2 | | set forth in
Section 302 of this Act.
| 3 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 4 | | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| 5 | | (Text of Section before amendment by P.A. 101-652 )
| 6 | | Sec. 223. Enforcement of orders of protection.
| 7 | | (a) When violation is crime. A violation of any order of | 8 | | protection,
whether issued in a civil or criminal proceeding | 9 | | or by a military tribunal , shall be enforced
by a
criminal | 10 | | court when:
| 11 | | (1) The respondent commits the crime of violation of | 12 | | an order of
protection pursuant to Section 12-3.4 or 12-30 | 13 | | of the Criminal Code of
1961 or the Criminal Code of 2012, | 14 | | by
having knowingly violated:
| 15 | | (i) remedies described in paragraphs (1), (2), | 16 | | (3), (14),
or (14.5) of
subsection (b) of Section 214 | 17 | | of this Act; or
| 18 | | (ii) a remedy, which is substantially similar to | 19 | | the remedies
authorized under paragraphs (1), (2), | 20 | | (3), (14), and (14.5) of subsection (b)
of Section 214 | 21 | | of this Act, in a valid order of protection which is | 22 | | authorized
under the laws of another state, tribe, or | 23 | | United States territory; or
| 24 | | (iii) any other remedy when the act
constitutes a | 25 | | crime against the protected parties as defined by the
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | Prosecution for a violation of an order of
protection | 3 | | shall not bar concurrent prosecution for any other crime,
| 4 | | including any crime that may have been committed at the | 5 | | time of the
violation of the order of protection; or
| 6 | | (2) The respondent commits the crime of child | 7 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, by having knowingly | 9 | | violated:
| 10 | | (i) remedies described in paragraphs (5), (6) or | 11 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 12 | | (ii) a remedy, which is substantially similar to | 13 | | the remedies
authorized under paragraphs (5), (6), or | 14 | | (8) of subsection (b) of Section 214
of this Act, in a | 15 | | valid order of protection which is authorized under | 16 | | the laws
of another state, tribe, or United States | 17 | | territory.
| 18 | | (b) When violation is contempt of court. A violation of | 19 | | any valid
Illinois order of protection, whether issued in a | 20 | | civil or criminal
proceeding or by a military tribunal , may be | 21 | | enforced through civil or criminal contempt procedures,
as | 22 | | appropriate, by any court with jurisdiction, regardless where | 23 | | the act or
acts which violated the order of protection were | 24 | | committed, to the extent
consistent with the venue provisions | 25 | | of this Act. Nothing in this Act
shall preclude any Illinois | 26 | | court from enforcing any valid order of
protection issued in |
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| 1 | | another state. Illinois courts may enforce orders of
| 2 | | protection through both criminal prosecution and contempt | 3 | | proceedings,
unless the action which is second in time is | 4 | | barred by collateral estoppel
or the constitutional | 5 | | prohibition against double jeopardy.
| 6 | | (1) In a contempt proceeding where the petition for a | 7 | | rule to show
cause sets forth facts evidencing an | 8 | | immediate danger that the
respondent will flee the | 9 | | jurisdiction, conceal a child, or inflict physical
abuse | 10 | | on the petitioner or minor children or on dependent adults | 11 | | in
petitioner's care, the court may order the
attachment | 12 | | of the respondent without prior service of the rule to | 13 | | show
cause or the petition for a rule to show cause. Bond | 14 | | shall be set unless
specifically denied in writing.
| 15 | | (2) A petition for a rule to show cause for violation | 16 | | of an order of
protection shall be treated as an expedited | 17 | | proceeding.
| 18 | | (b-1) The court shall not hold a school district or | 19 | | private or non-public school or any of its employees in civil | 20 | | or criminal contempt unless the school district or private or | 21 | | non-public school has been allowed to intervene. | 22 | | (b-2) The court may hold the parents, guardian, or legal | 23 | | custodian of a minor respondent in civil or criminal contempt | 24 | | for a violation of any provision of any order entered under | 25 | | this Act for conduct of the minor respondent in violation of | 26 | | this Act if the
parents, guardian, or legal custodian |
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| 1 | | directed, encouraged, or assisted the respondent minor in such | 2 | | conduct. | 3 | | (c) Violation of custody or support orders or temporary or | 4 | | final judgments allocating parental responsibilities. A | 5 | | violation of remedies
described in paragraphs (5), (6), (8), | 6 | | or (9) of subsection (b) of Section
214 of this Act may be | 7 | | enforced by any remedy provided by Section 607.5 of
the | 8 | | Illinois Marriage and Dissolution of Marriage Act. The court | 9 | | may
enforce any order for support issued under paragraph (12) | 10 | | of subsection (b)
of Section 214 in the manner provided for | 11 | | under Parts V and VII of the
Illinois Marriage and Dissolution | 12 | | of Marriage Act.
| 13 | | (d) Actual knowledge. An order of protection may be | 14 | | enforced pursuant to
this Section if the respondent violates | 15 | | the order after the
respondent has
actual knowledge of its | 16 | | contents as shown through one of the following means:
| 17 | | (1) By service, delivery, or notice under Section 210.
| 18 | | (2) By notice under Section 210.1 or 211.
| 19 | | (3) By service of an order of protection under Section | 20 | | 222.
| 21 | | (4) By other means demonstrating actual knowledge of | 22 | | the contents of the
order.
| 23 | | (e) The enforcement of an order of protection in civil or | 24 | | criminal court
shall not be affected by either of the | 25 | | following:
| 26 | | (1) The existence of a separate, correlative order, |
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| 1 | | entered under Section
215.
| 2 | | (2) Any finding or order entered in a conjoined | 3 | | criminal proceeding.
| 4 | | (f) Circumstances. The court, when determining whether or | 5 | | not a
violation of an order of protection has occurred, shall | 6 | | not require
physical manifestations of abuse on the person of | 7 | | the victim.
| 8 | | (g) Penalties.
| 9 | | (1) Except as provided in paragraph (3) of this
| 10 | | subsection, where the court finds the commission of a | 11 | | crime or contempt of
court under subsections (a) or (b) of | 12 | | this Section, the penalty shall be
the penalty that | 13 | | generally applies in such criminal or contempt
| 14 | | proceedings, and may include one or more of the following: | 15 | | incarceration,
payment of restitution, a fine, payment of | 16 | | attorneys' fees and costs, or
community service.
| 17 | | (2) The court shall hear and take into account | 18 | | evidence of any factors
in aggravation or mitigation | 19 | | before deciding an appropriate penalty under
paragraph (1) | 20 | | of this subsection.
| 21 | | (3) To the extent permitted by law, the court is | 22 | | encouraged to:
| 23 | | (i) increase the penalty for the knowing violation | 24 | | of
any order of protection over any penalty previously | 25 | | imposed by any court
for respondent's violation of any | 26 | | order of protection or penal statute
involving |
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| 1 | | petitioner as victim and respondent as defendant;
| 2 | | (ii) impose a minimum penalty of 24 hours | 3 | | imprisonment for respondent's
first violation of any | 4 | | order of protection; and
| 5 | | (iii) impose a minimum penalty of 48 hours | 6 | | imprisonment for
respondent's second or subsequent | 7 | | violation of an order of protection
| 8 | | unless the court explicitly finds that an increased | 9 | | penalty or that
period of imprisonment would be manifestly | 10 | | unjust.
| 11 | | (4) In addition to any other penalties imposed for a | 12 | | violation of an
order of protection, a criminal court may | 13 | | consider evidence of any
violations of an order of | 14 | | protection:
| 15 | | (i) to increase, revoke or modify the bail bond on | 16 | | an underlying
criminal charge pursuant to Section | 17 | | 110-6 of the Code of Criminal Procedure
of 1963;
| 18 | | (ii) to revoke or modify an order of probation, | 19 | | conditional discharge or
supervision, pursuant to | 20 | | Section 5-6-4 of the Unified Code of Corrections;
| 21 | | (iii) to revoke or modify a sentence of periodic | 22 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 23 | | Code of Corrections.
| 24 | | (5) In addition to any other penalties, the court | 25 | | shall impose an
additional fine of $20 as authorized by | 26 | | Section 5-9-1.11 of the Unified Code of
Corrections upon |
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| 1 | | any person convicted of or placed on supervision for a
| 2 | | violation of an order of protection.
The additional fine | 3 | | shall be imposed for each violation of this Section.
| 4 | | (Source: P.A. 99-90, eff. 1-1-16 .)
| 5 | | (Text of Section after amendment by P.A. 101-652 ) | 6 | | Sec. 223. Enforcement of orders of protection.
| 7 | | (a) When violation is crime. A violation of any order of | 8 | | protection,
whether issued in a civil or criminal proceeding | 9 | | or by a military tribunal , shall be enforced
by a
criminal | 10 | | court when:
| 11 | | (1) The respondent commits the crime of violation of | 12 | | an order of
protection pursuant to Section 12-3.4 or 12-30 | 13 | | of the Criminal Code of
1961 or the Criminal Code of 2012, | 14 | | by
having knowingly violated:
| 15 | | (i) remedies described in paragraphs (1), (2), | 16 | | (3), (14),
or (14.5) of
subsection (b) of Section 214 | 17 | | of this Act; or
| 18 | | (ii) a remedy, which is substantially similar to | 19 | | the remedies
authorized under paragraphs (1), (2), | 20 | | (3), (14), and (14.5) of subsection (b)
of Section 214 | 21 | | of this Act, in a valid order of protection which is | 22 | | authorized
under the laws of another state, tribe, or | 23 | | United States territory; or
| 24 | | (iii) any other remedy when the act
constitutes a | 25 | | crime against the protected parties as defined by the
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012.
| 2 | | Prosecution for a violation of an order of
protection | 3 | | shall not bar concurrent prosecution for any other crime,
| 4 | | including any crime that may have been committed at the | 5 | | time of the
violation of the order of protection; or
| 6 | | (2) The respondent commits the crime of child | 7 | | abduction pursuant
to Section 10-5 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, by having knowingly | 9 | | violated:
| 10 | | (i) remedies described in paragraphs (5), (6) or | 11 | | (8) of subsection
(b) of
Section 214 of this Act; or
| 12 | | (ii) a remedy, which is substantially similar to | 13 | | the remedies
authorized under paragraphs (5), (6), or | 14 | | (8) of subsection (b) of Section 214
of this Act, in a | 15 | | valid order of protection which is authorized under | 16 | | the laws
of another state, tribe, or United States | 17 | | territory.
| 18 | | (b) When violation is contempt of court. A violation of | 19 | | any valid
Illinois order of protection, whether issued in a | 20 | | civil or criminal
proceeding or by a military tribunal , may be | 21 | | enforced through civil or criminal contempt procedures,
as | 22 | | appropriate, by any court with jurisdiction, regardless where | 23 | | the act or
acts which violated the order of protection were | 24 | | committed, to the extent
consistent with the venue provisions | 25 | | of this Act. Nothing in this Act
shall preclude any Illinois | 26 | | court from enforcing any valid order of
protection issued in |
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| 1 | | another state. Illinois courts may enforce orders of
| 2 | | protection through both criminal prosecution and contempt | 3 | | proceedings,
unless the action which is second in time is | 4 | | barred by collateral estoppel
or the constitutional | 5 | | prohibition against double jeopardy.
| 6 | | (1) In a contempt proceeding where the petition for a | 7 | | rule to show
cause sets forth facts evidencing an | 8 | | immediate danger that the
respondent will flee the | 9 | | jurisdiction, conceal a child, or inflict physical
abuse | 10 | | on the petitioner or minor children or on dependent adults | 11 | | in
petitioner's care, the court may order the
attachment | 12 | | of the respondent without prior service of the rule to | 13 | | show
cause or the petition for a rule to show cause. | 14 | | Conditions of release shall be set unless
specifically | 15 | | denied in writing.
| 16 | | (2) A petition for a rule to show cause for violation | 17 | | of an order of
protection shall be treated as an expedited | 18 | | proceeding.
| 19 | | (b-1) The court shall not hold a school district or | 20 | | private or non-public school or any of its employees in civil | 21 | | or criminal contempt unless the school district or private or | 22 | | non-public school has been allowed to intervene. | 23 | | (b-2) The court may hold the parents, guardian, or legal | 24 | | custodian of a minor respondent in civil or criminal contempt | 25 | | for a violation of any provision of any order entered under | 26 | | this Act for conduct of the minor respondent in violation of |
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| 1 | | this Act if the
parents, guardian, or legal custodian | 2 | | directed, encouraged, or assisted the respondent minor in such | 3 | | conduct. | 4 | | (c) Violation of custody or support orders or temporary or | 5 | | final judgments allocating parental responsibilities. A | 6 | | violation of remedies
described in paragraphs (5), (6), (8), | 7 | | or (9) of subsection (b) of Section
214 of this Act may be | 8 | | enforced by any remedy provided by Section 607.5 of
the | 9 | | Illinois Marriage and Dissolution of Marriage Act. The court | 10 | | may
enforce any order for support issued under paragraph (12) | 11 | | of subsection (b)
of Section 214 in the manner provided for | 12 | | under Parts V and VII of the
Illinois Marriage and Dissolution | 13 | | of Marriage Act.
| 14 | | (d) Actual knowledge. An order of protection may be | 15 | | enforced pursuant to
this Section if the respondent violates | 16 | | the order after the
respondent has
actual knowledge of its | 17 | | contents as shown through one of the following means:
| 18 | | (1) By service, delivery, or notice under Section 210.
| 19 | | (2) By notice under Section 210.1 or 211.
| 20 | | (3) By service of an order of protection under Section | 21 | | 222.
| 22 | | (4) By other means demonstrating actual knowledge of | 23 | | the contents of the
order.
| 24 | | (e) The enforcement of an order of protection in civil or | 25 | | criminal court
shall not be affected by either of the | 26 | | following:
|
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| 1 | | (1) The existence of a separate, correlative order, | 2 | | entered under Section
215.
| 3 | | (2) Any finding or order entered in a conjoined | 4 | | criminal proceeding.
| 5 | | (f) Circumstances. The court, when determining whether or | 6 | | not a
violation of an order of protection has occurred, shall | 7 | | not require
physical manifestations of abuse on the person of | 8 | | the victim.
| 9 | | (g) Penalties.
| 10 | | (1) Except as provided in paragraph (3) of this
| 11 | | subsection, where the court finds the commission of a | 12 | | crime or contempt of
court under subsections (a) or (b) of | 13 | | this Section, the penalty shall be
the penalty that | 14 | | generally applies in such criminal or contempt
| 15 | | proceedings, and may include one or more of the following: | 16 | | incarceration,
payment of restitution, a fine, payment of | 17 | | attorneys' fees and costs, or
community service.
| 18 | | (2) The court shall hear and take into account | 19 | | evidence of any factors
in aggravation or mitigation | 20 | | before deciding an appropriate penalty under
paragraph (1) | 21 | | of this subsection.
| 22 | | (3) To the extent permitted by law, the court is | 23 | | encouraged to:
| 24 | | (i) increase the penalty for the knowing violation | 25 | | of
any order of protection over any penalty previously | 26 | | imposed by any court
for respondent's violation of any |
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| 1 | | order of protection or penal statute
involving | 2 | | petitioner as victim and respondent as defendant;
| 3 | | (ii) impose a minimum penalty of 24 hours | 4 | | imprisonment for respondent's
first violation of any | 5 | | order of protection; and
| 6 | | (iii) impose a minimum penalty of 48 hours | 7 | | imprisonment for
respondent's second or subsequent | 8 | | violation of an order of protection
| 9 | | unless the court explicitly finds that an increased | 10 | | penalty or that
period of imprisonment would be manifestly | 11 | | unjust.
| 12 | | (4) In addition to any other penalties imposed for a | 13 | | violation of an
order of protection, a criminal court may | 14 | | consider evidence of any
violations of an order of | 15 | | protection:
| 16 | | (i) to increase, revoke or modify the conditions | 17 | | of pretrial release on an underlying
criminal charge | 18 | | pursuant to Section 110-6 of the Code of Criminal | 19 | | Procedure
of 1963;
| 20 | | (ii) to revoke or modify an order of probation, | 21 | | conditional discharge or
supervision, pursuant to | 22 | | Section 5-6-4 of the Unified Code of Corrections;
| 23 | | (iii) to revoke or modify a sentence of periodic | 24 | | imprisonment,
pursuant to Section 5-7-2 of the Unified | 25 | | Code of Corrections.
| 26 | | (5) In addition to any other penalties, the court |
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| 1 | | shall impose an
additional fine of $20 as authorized by | 2 | | Section 5-9-1.11 of the Unified Code of
Corrections upon | 3 | | any person convicted of or placed on supervision for a
| 4 | | violation of an order of protection.
The additional fine | 5 | | shall be imposed for each violation of this Section.
| 6 | | (Source: P.A. 101-652, eff. 1-1-23.)
| 7 | | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| 8 | | Sec. 302. Data maintenance by law enforcement agencies.
| 9 | | (a) All sheriffs shall furnish to the Illinois State | 10 | | Police, on the
same day as received, in the form and detail the | 11 | | Illinois State Police Department requires, copies of
any | 12 | | recorded emergency, interim, or plenary orders of protection | 13 | | issued by the
court, and any foreign orders of protection , | 14 | | including, but not limited to, an order of protection issued | 15 | | by a military tribunal, filed by the clerk of the court,
and | 16 | | transmitted to the sheriff by the clerk of the court pursuant | 17 | | to subsection
(b) of Section 222 of this Act. Each order of | 18 | | protection shall be entered in
the Law Enforcement Agencies | 19 | | Data System on the same day it
is issued by the court. If an | 20 | | emergency order of protection was issued in
accordance with | 21 | | subsection (c) of Section 217, the order shall be entered in
| 22 | | the Law Enforcement Agencies Data System as soon as possible
| 23 | | after receipt from the clerk.
| 24 | | (b) The Illinois State Police shall maintain a complete | 25 | | and systematic
record and index of all valid and recorded |
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| 1 | | orders of protection issued pursuant
to this Act. The data | 2 | | shall be used to inform all dispatchers and law
enforcement | 3 | | officers at the scene of an alleged incident of abuse, | 4 | | neglect,
or exploitation or violation of an order of | 5 | | protection of any recorded prior
incident of abuse, neglect, | 6 | | or exploitation involving the abused, neglected,
or exploited | 7 | | party and the effective dates and terms of any recorded order | 8 | | of
protection.
| 9 | | (c) The data, records and transmittals required under this | 10 | | Section shall
pertain to any valid emergency, interim or | 11 | | plenary order of protection,
whether issued in a civil or | 12 | | criminal proceeding or authorized under the laws
of another | 13 | | state, tribe, or United States territory.
| 14 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 15 | | Section 20. The Victims' Economic Security and Safety Act | 16 | | is amended by changing Sections 20 and 30 as follows:
| 17 | | (820 ILCS 180/20)
| 18 | | Sec. 20. Entitlement to leave due to domestic violence, | 19 | | sexual violence, gender violence, or any other crime of | 20 | | violence.
| 21 | | (a) Leave requirement.
| 22 | | (1) Basis. An employee who is a victim of domestic | 23 | | violence, sexual violence, gender violence, or any
other | 24 | | crime of violence or an employee who has a family or |
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| 1 | | household member who is a victim of
domestic violence, | 2 | | sexual violence, gender violence, or any other crime of
| 3 | | violence whose interests are not adverse to
the employee | 4 | | as it relates to the domestic violence, sexual violence, | 5 | | gender violence, or any other crime of violence may take | 6 | | unpaid
leave
from work if the employee or employee's | 7 | | family or household member is experiencing an incident of | 8 | | domestic violence, sexual violence, gender violence, or | 9 | | any other crime of violence or to address domestic | 10 | | violence, sexual violence, gender violence, or any other | 11 | | crime of violence by:
| 12 | | (A) seeking medical attention for, or recovering | 13 | | from,
physical or psychological injuries caused by | 14 | | domestic violence, sexual violence, gender violence, | 15 | | or any other crime of violence to the employee or the | 16 | | employee's family or
household member;
| 17 | | (B) obtaining services from a victim services | 18 | | organization
for the employee or the employee's family | 19 | | or household
member;
| 20 | | (C) obtaining psychological or other counseling | 21 | | for the
employee or the employee's family or household | 22 | | member;
| 23 | | (D) participating in safety planning, temporarily | 24 | | or
permanently relocating, or taking other actions to | 25 | | increase
the safety of the employee or the employee's | 26 | | family or
household member from future domestic |
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| 1 | | violence, sexual violence, gender violence, or any | 2 | | other crime of violence or
ensure economic security; | 3 | | or
| 4 | | (E) seeking legal assistance or remedies to ensure | 5 | | the
health and safety of the employee or the | 6 | | employee's family
or household member, including | 7 | | preparing for or
participating in any civil , or | 8 | | criminal , or military legal proceeding
related to or | 9 | | derived from domestic violence, sexual violence, | 10 | | gender violence, or any other crime of violence.
| 11 | | (2) Period. Subject to subsection (c), an employee | 12 | | working for an employer that employs
at least 50 employees | 13 | | shall be
entitled to a total of 12 workweeks of leave | 14 | | during any 12-month
period. Subject to subsection (c), an | 15 | | employee working for an employer that employs
at least 15 | 16 | | but not more than 49 employees shall be entitled to a total | 17 | | of 8 workweeks of leave during any 12-month period. | 18 | | Subject to subsection (c), an employee working for an | 19 | | employer that employs at least one but not more than 14 | 20 | | employees shall be entitled to a total of 4 workweeks of | 21 | | leave during any 12-month period. The total number of | 22 | | workweeks to which an employee is entitled shall not | 23 | | decrease during the relevant 12-month period. This Act | 24 | | does not create a right for an employee to take
unpaid | 25 | | leave that exceeds the unpaid leave time allowed under, or
| 26 | | is in addition to the unpaid leave time permitted by, the |
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| 1 | | federal
Family and Medical Leave Act of 1993 (29 U.S.C. | 2 | | 2601 et seq.).
| 3 | | (3) Schedule. Leave described in paragraph (1) may be | 4 | | taken consecutively, intermittently, or on a reduced work | 5 | | schedule.
| 6 | | (b) Notice. The employee shall provide the employer with | 7 | | at least 48 hours'
advance
notice of the employee's intention | 8 | | to take the leave, unless providing
such notice is not | 9 | | practicable. When an unscheduled absence occurs,
the employer | 10 | | may not take any action against the employee if the
employee, | 11 | | upon request of the employer and within a reasonable period | 12 | | after the absence, provides
certification under subsection | 13 | | (c).
| 14 | | (c) Certification.
| 15 | | (1) In general. The employer may require the employee | 16 | | to provide
certification to the employer
that:
| 17 | | (A) the employee or the employee's family or | 18 | | household
member is a victim of domestic violence, | 19 | | sexual violence, gender violence, or any other crime | 20 | | of violence; and
| 21 | | (B) the leave is for one of the purposes | 22 | | enumerated in
paragraph (a)(1).
| 23 | | The employee shall provide such certification to the | 24 | | employer within a
reasonable period after the employer | 25 | | requests certification.
| 26 | | (2) Contents. An employee may satisfy the |
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| 1 | | certification
requirement of paragraph (1) by providing to | 2 | | the employer
a sworn statement of the employee, and if the | 3 | | employee has possession of such document, the employee | 4 | | shall provide one of the following documents:
| 5 | | (A) documentation from an employee, agent, or | 6 | | volunteer of
a victim services organization, an | 7 | | attorney, a member of
the clergy, or a medical or other | 8 | | professional from whom
the employee or the employee's | 9 | | family or household member
has sought assistance in | 10 | | addressing domestic violence, sexual violence, gender | 11 | | violence, or any other crime of violence and the | 12 | | effects of the violence;
| 13 | | (B) a police , or court , or military record; or
| 14 | | (C) other corroborating evidence.
| 15 | | The employee shall choose which document to submit, | 16 | | and the employer shall not request or require more than | 17 | | one document to be submitted during the same 12-month | 18 | | period leave is requested or taken if the reason for leave | 19 | | is related to the same incident or incidents of violence | 20 | | or the same perpetrator or perpetrators of the violence. | 21 | | (d) Confidentiality. All information provided to the | 22 | | employer pursuant
to subsection (b) or (c), including a | 23 | | statement of the employee or any
other documentation, record, | 24 | | or corroborating evidence, and the fact
that the employee has | 25 | | requested or obtained leave pursuant to this
Section, shall be | 26 | | retained in the strictest confidence by the employer,
except |
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| 1 | | to the extent that disclosure is:
| 2 | | (1) requested or consented to in writing by the | 3 | | employee; or
| 4 | | (2) otherwise required by applicable federal or State | 5 | | law.
| 6 | | (e) Employment and benefits.
| 7 | | (1) Restoration to position.
| 8 | | (A) In general. Any
employee who takes leave under | 9 | | this Section for the
intended purpose of the leave | 10 | | shall be entitled, on return
from such leave:
| 11 | | (i) to be restored by the employer to the | 12 | | position of
employment held by the employee when | 13 | | the leave
commenced; or
| 14 | | (ii) to be restored to an equivalent position | 15 | | with
equivalent employment benefits, pay, and | 16 | | other terms
and conditions of employment.
| 17 | | (B) Loss of benefits. The taking of leave under | 18 | | this
Section shall not result in the loss of any | 19 | | employment
benefit accrued prior to the date on which | 20 | | the leave
commenced.
| 21 | | (C) Limitations. Nothing in this subsection shall | 22 | | be
construed to entitle any restored employee to:
| 23 | | (i) the accrual of any seniority or employment
| 24 | | benefits during any period of leave; or
| 25 | | (ii) any right, benefit, or position of | 26 | | employment
other than any right, benefit, or |
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| 1 | | position to which
the employee would have been | 2 | | entitled had the
employee not taken the leave.
| 3 | | (D) Construction. Nothing in this paragraph shall | 4 | | be
construed to prohibit an employer from requiring an
| 5 | | employee on leave under this Section to report | 6 | | periodically
to the employer on the status and | 7 | | intention of the employee
to return to work.
| 8 | | (2) Maintenance of health benefits.
| 9 | | (A) Coverage. Except as provided in subparagraph | 10 | | (B),
during any period that an employee takes leave | 11 | | under this
Section, the employer shall maintain | 12 | | coverage for the
employee and any family or household | 13 | | member under any group
health plan for the duration of | 14 | | such leave at the level and
under the conditions | 15 | | coverage would have been provided if
the employee had | 16 | | continued in employment continuously for
the duration | 17 | | of such leave.
| 18 | | (B) Failure to return from leave. The employer may | 19 | | recover
the premium that the employer paid for | 20 | | maintaining coverage
for the employee and the | 21 | | employee's family or household
member under such group | 22 | | health plan during any period of
leave under this | 23 | | Section if:
| 24 | | (i) the employee fails to return from leave | 25 | | under
this Section after the period of leave to | 26 | | which the
employee is entitled has expired; and
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| 1 | | (ii) the employee fails to return to work for | 2 | | a
reason other than:
| 3 | | (I) the continuation, recurrence, or onset | 4 | | of
domestic violence, sexual violence, gender | 5 | | violence, or any other crime of
violence that | 6 | | entitles the
employee to leave pursuant to | 7 | | this Section; or
| 8 | | (II) other circumstances beyond the | 9 | | control of the employee.
| 10 | | (C) Certification.
| 11 | | (i) Issuance. An employer may require an | 12 | | employee who
claims that the employee is unable to | 13 | | return to work
because of a reason described in | 14 | | subclause (I) or
(II) of subparagraph (B)(ii) to | 15 | | provide, within a
reasonable period after making | 16 | | the claim,
certification to the employer that the | 17 | | employee is
unable to return to work because of | 18 | | that reason.
| 19 | | (ii) Contents. An employee may satisfy the
| 20 | | certification requirement of clause (i) by | 21 | | providing
to the employer:
| 22 | | (I) a sworn statement of the employee;
| 23 | | (II) documentation from an employee, | 24 | | agent, or
volunteer of a victim services | 25 | | organization, an
attorney, a member of the | 26 | | clergy, or a medical
or other professional |
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| 1 | | from whom the employee
has sought assistance | 2 | | in addressing domestic violence, sexual | 3 | | violence, gender violence, or any other crime | 4 | | of
violence and the effects of that
violence;
| 5 | | (III) a police , or court , or military | 6 | | record; or
| 7 | | (IV) other corroborating evidence.
| 8 | | The employee shall choose which document to | 9 | | submit, and the employer shall not request or require | 10 | | more than one document to be submitted. | 11 | | (D) Confidentiality. All information provided to | 12 | | the
employer pursuant to subparagraph (C), including a
| 13 | | statement of the employee or any other documentation,
| 14 | | record, or corroborating evidence, and the fact that | 15 | | the
employee is not returning to work because of a | 16 | | reason
described in subclause (I) or (II) of | 17 | | subparagraph (B)(ii)
shall be retained in the | 18 | | strictest confidence by the
employer, except to the | 19 | | extent that disclosure is:
| 20 | | (i) requested or consented to in writing by | 21 | | the
employee; or
| 22 | | (ii) otherwise required by applicable federal | 23 | | or
State law.
| 24 | | (f) Prohibited acts.
| 25 | | (1) Interference with rights.
| 26 | | (A) Exercise of rights. It shall be unlawful for |
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| 1 | | any
employer to interfere with, restrain, or deny the | 2 | | exercise
of or the attempt to exercise any right | 3 | | provided under
this Section.
| 4 | | (B) Employer discrimination. It shall be unlawful | 5 | | for any
employer to discharge or harass any | 6 | | individual, or
otherwise discriminate against any | 7 | | individual with respect
to compensation, terms, | 8 | | conditions, or privileges of
employment of the | 9 | | individual (including retaliation in any
form or | 10 | | manner) because the individual:
| 11 | | (i) exercised any right provided under this | 12 | | Section;
or
| 13 | | (ii) opposed any practice made unlawful by | 14 | | this
Section.
| 15 | | (C) Public agency sanctions. It shall be unlawful | 16 | | for any
public agency to deny, reduce, or terminate | 17 | | the benefits
of, otherwise sanction, or harass any | 18 | | individual, or
otherwise discriminate against any | 19 | | individual with respect
to the amount, terms, or | 20 | | conditions of public assistance of
the individual | 21 | | (including retaliation in any form or
manner) because | 22 | | the individual:
| 23 | | (i) exercised any right provided under this | 24 | | Section;
or
| 25 | | (ii) opposed any practice made unlawful by | 26 | | this
Section.
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| 1 | | (2) Interference with proceedings or inquiries. It | 2 | | shall be
unlawful for any person to discharge or in any | 3 | | other manner
discriminate (as described in subparagraph | 4 | | (B) or (C) of
paragraph (1)) against any individual | 5 | | because such individual:
| 6 | | (A) has filed any charge, or has instituted or | 7 | | caused to be
instituted any proceeding, under or | 8 | | related to this
Section;
| 9 | | (B) has given, or is about to give, any | 10 | | information in
connection with any inquiry or | 11 | | proceeding relating to any
right provided under this | 12 | | Section; or
| 13 | | (C) has testified, or is about to testify, in any | 14 | | inquiry
or proceeding relating to any right provided | 15 | | under this Section.
| 16 | | (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22 .)
| 17 | | (820 ILCS 180/30)
| 18 | | Sec. 30. Victims' employment sustainability; prohibited
| 19 | | discriminatory acts. | 20 | | (a) An employer shall not fail to hire, refuse to hire,
| 21 | | discharge, constructively discharge, or harass any individual, | 22 | | otherwise discriminate against any
individual with respect to | 23 | | the compensation, terms, conditions, or
privileges of | 24 | | employment of the individual, or retaliate against an
| 25 | | individual in any form or manner, and a public agency shall not |
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| 1 | | deny,
reduce, or terminate the benefits of, otherwise | 2 | | sanction, or harass any
individual, otherwise discriminate | 3 | | against any individual with respect
to the amount, terms, or | 4 | | conditions of public assistance of the
individual, or | 5 | | retaliate against an individual in any form or manner,
| 6 | | because:
| 7 | | (1) the individual involved:
| 8 | | (A) is or is perceived to be a victim of domestic | 9 | | violence, sexual violence, gender violence, or any | 10 | | criminal violence;
| 11 | | (B) attended, participated in, prepared for, or | 12 | | requested
leave to attend, participate in, or prepare | 13 | | for a criminal
or civil court proceeding relating to | 14 | | an incident of
domestic violence, sexual violence, | 15 | | gender violence, or any criminal violence of which the | 16 | | individual or a
family or household member of the | 17 | | individual was a victim, or requested or took leave | 18 | | for any other reason provided under Section 20 , or | 19 | | attended, participated in, prepared for, requested | 20 | | leave to attend, participate in, or prepare for a | 21 | | court-martial or nonjudicial punishment proceeding | 22 | | pursuant to the Uniform Code of Military Justice | 23 | | relating to an incident of domestic violence, sexual | 24 | | violence, gender violence, or any criminal violence of | 25 | | which the individual or a family or household member | 26 | | of the individual was a victim, or requested or took |
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| 1 | | leave for any other reason provided under Section 20 ;
| 2 | | (C) requested an adjustment to a job structure, | 3 | | workplace
facility, or work requirement, including a | 4 | | transfer,
reassignment, or modified schedule, leave, a | 5 | | changed
telephone number or seating assignment, | 6 | | installation of a
lock, or implementation of a safety | 7 | | procedure in response
to actual or threatened domestic | 8 | | violence, sexual violence, gender violence, or any | 9 | | other crime of
violence,
regardless of whether the | 10 | | request was granted; or | 11 | | (D) is an employee whose employer is subject to | 12 | | Section 21 of the Workplace Violence Prevention Act; | 13 | | or
| 14 | | (2) the workplace is disrupted or threatened by the | 15 | | action of a
person whom the individual states has | 16 | | committed or threatened to
commit domestic violence, | 17 | | sexual violence, gender violence, or any other crime of
| 18 | | violence against the individual or the
individual's family | 19 | | or household member.
| 20 | | (b) In this Section:
| 21 | | (1) "Discriminate", used with respect to the terms, | 22 | | conditions,
or privileges of employment or with respect to | 23 | | the terms or
conditions of public assistance, includes not | 24 | | making a reasonable
accommodation to the known limitations | 25 | | resulting from
circumstances relating to being a victim of | 26 | | domestic violence, sexual violence, gender violence, or |
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| 1 | | any criminal violence or a family or household member | 2 | | being a victim of
domestic violence, sexual violence, | 3 | | gender violence, or any other crime of
violence of an | 4 | | otherwise qualified individual:
| 5 | | (A) who is:
| 6 | | (i) an applicant or employee of the employer | 7 | | (including a
public agency); or
| 8 | | (ii) an applicant for or recipient of public | 9 | | assistance
from a public agency; and
| 10 | | (B) who is:
| 11 | | (i) or is perceived to be a victim of domestic | 12 | | violence, sexual violence, gender violence, or any | 13 | | other crime of
violence; or
| 14 | | (ii) with a family or household member who is | 15 | | or is perceived to be a victim of
domestic | 16 | | violence, sexual violence, gender violence, or any | 17 | | other crime of
violence whose interests are not | 18 | | adverse to
the individual in subparagraph (A) as | 19 | | it relates to the domestic violence, sexual | 20 | | violence, gender violence, or any other crime of
| 21 | | violence;
| 22 | | unless the employer or public agency can demonstrate that | 23 | | the
accommodation would impose an undue hardship on the | 24 | | operation of
the employer or public agency.
| 25 | | A reasonable accommodation must be made in a timely | 26 | | fashion. Any exigent circumstances or danger facing the |
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| 1 | | employee or his or her family or household member shall be | 2 | | considered in determining whether the accommodation is | 3 | | reasonable. | 4 | | (2) "Qualified individual" means:
| 5 | | (A) in the case of an applicant or employee | 6 | | described in
paragraph (1)(A)(i), an individual who, | 7 | | but for being a
victim of domestic violence, sexual | 8 | | violence, gender violence, or any other crime of
| 9 | | violence or with a family or
household member who is a | 10 | | victim of domestic violence, sexual violence, gender | 11 | | violence, or any other crime of
violence, can perform | 12 | | the essential functions of the
employment position | 13 | | that such individual holds or desires;
or
| 14 | | (B) in the case of an applicant or recipient | 15 | | described in
paragraph (1)(A)(ii), an individual who, | 16 | | but for being a
victim of domestic violence, sexual | 17 | | violence, gender violence, or any other crime of
| 18 | | violence or with a family or
household member who is a | 19 | | victim of domestic violence, sexual violence, gender | 20 | | violence, or any other crime of
violence, can satisfy | 21 | | the essential requirements of the
program providing | 22 | | the public assistance that the individual
receives or | 23 | | desires.
| 24 | | (3) "Reasonable accommodation" may include an | 25 | | adjustment to a job
structure, workplace facility, or work | 26 | | requirement, including a
transfer, reassignment, or |
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| 1 | | modified schedule, leave, a changed
telephone number or | 2 | | seating assignment, installation of a lock,
or | 3 | | implementation of a safety procedure, or assistance in | 4 | | documenting domestic violence, sexual violence, gender | 5 | | violence, or any other crime of
violence that occurs at | 6 | | the workplace or in work-related settings, or any other | 7 | | reasonable accommodation in response to actual or
| 8 | | threatened domestic violence, sexual violence, gender | 9 | | violence, or any other crime of
violence.
| 10 | | (4) Undue hardship.
| 11 | | (A) In general. "Undue hardship" means an action | 12 | | requiring
significant difficulty or expense, when | 13 | | considered in light
of the factors set forth in | 14 | | subparagraph (B).
| 15 | | (B) Factors to be considered. In determining | 16 | | whether a
reasonable accommodation would impose an | 17 | | undue hardship on
the operation of an employer or | 18 | | public agency, factors to
be considered include:
| 19 | | (i) the nature and cost of the reasonable
| 20 | | accommodation needed under this Section;
| 21 | | (ii) the overall financial resources of the | 22 | | facility
involved in the provision of the | 23 | | reasonable
accommodation, the number of persons | 24 | | employed at such
facility, the effect on expenses | 25 | | and resources, or
the impact otherwise of such | 26 | | accommodation on the
operation of the facility;
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| 1 | | (iii) the overall financial resources of the | 2 | | employer
or public agency, the overall size of the | 3 | | business of
an employer or public agency with | 4 | | respect to the
number of employees of the employer | 5 | | or public agency,
and the number, type, and | 6 | | location of the facilities
of an employer or | 7 | | public agency; and
| 8 | | (iv) the type of operation of the employer or | 9 | | public
agency, including the composition, | 10 | | structure, and
functions of the workforce of the | 11 | | employer or public
agency, the geographic | 12 | | separateness of the facility
from the employer or | 13 | | public agency, and the
administrative or fiscal | 14 | | relationship of the facility
to the employer or | 15 | | public agency.
| 16 | | (c) An employer subject to Section 21 of the Workplace | 17 | | Violence Prevention Act shall not violate any provisions of | 18 | | the Workplace Violence Prevention Act. | 19 | | (d) Confidentiality. All information provided to the
| 20 | | employer pursuant to this Section including a
statement of the | 21 | | employee or any other documentation, record, or corroborating | 22 | | evidence, and the fact that the employee has requested or | 23 | | obtained an accommodation pursuant to this Section shall be | 24 | | retained in the strictest confidence by the employer, except | 25 | | to the extent that disclosure is: | 26 | | (1) requested or consented to in writing by the
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| 1 | | employee; or | 2 | | (2) otherwise required by applicable federal or State
| 3 | | law. | 4 | | (Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22 .)
| 5 | | Section 95. No acceleration or delay. Where this Act makes | 6 | | changes in a statute that is represented in this Act by text | 7 | | that is not yet or no longer in effect (for example, a Section | 8 | | represented by multiple versions), the use of that text does | 9 | | not accelerate or delay the taking effect of (i) the changes | 10 | | made by this Act or (ii) provisions derived from any other | 11 | | Public Act. | 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law. |
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