Full Text of SB2469 93rd General Assembly
SB2469 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2469
Introduced 2/3/2004, by William R. Haine SYNOPSIS AS INTRODUCED: |
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750 ILCS 60/103 |
from Ch. 40, par. 2311-3 |
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Amends the Illinois Domestic Violence Act of 1986. Removes the definitions of "adult with disabilities" and "elder adult with disabilities". Provides that, under the definition of "family or household members", caregivers include former employees of facilities licensed or certified under the Nursing Home Care Act, the Assisted Living and Shared Housing Act, and the federal Social Security Act. Provides, under the definition of a "high-risk adult with disabilities", that a person may be an adult with disabilities for purposes of this Act even though he or she has never been adjudicated an incompetent adult. Provides that no court proceeding may be initiated or continued on behalf of an adult with disabilities over that adult's objection, unless the proceeding is approved by his or her legal guardian, if any. Effective immediately.
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A BILL FOR
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SB2469 |
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| AN ACT concerning domestic violence.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Domestic Violence Act of 1986 is | 5 |
| amended by changing Section 103 as follows:
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| (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
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| Sec. 103. Definitions. For the purposes of this Act, the | 8 |
| following
terms shall have the following meanings:
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| (1) "Abuse" means physical abuse, harassment, intimidation | 10 |
| of a dependent,
interference with personal liberty or willful | 11 |
| deprivation but does not include
reasonable direction of a | 12 |
| minor child by a parent or person in loco parentis.
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| (2) (Blank).
"Adult with disabilities" means an elder adult | 14 |
| with disabilities
or a high-risk adult with disabilities. A | 15 |
| person may be an adult with
disabilities for purposes of this | 16 |
| Act even though he or she has never been
adjudicated an | 17 |
| incompetent adult. However, no court proceeding may be
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| initiated or continued on
behalf of an adult with disabilities | 19 |
| over that adult's objection, unless such
proceeding is approved | 20 |
| by his or her legal guardian, if any.
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| (3) "Domestic violence" means abuse as defined in paragraph | 22 |
| (1).
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| (4) (Blank).
"Elder adult with disabilities" means an adult | 24 |
| prevented by
advanced age from taking appropriate action to | 25 |
| protect himself or herself
from abuse by a family or household | 26 |
| member.
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| (5) "Exploitation" means the illegal, including tortious, | 28 |
| use of a
high-risk adult with disabilities or of the assets or | 29 |
| resources of a
high-risk adult with disabilities. Exploitation | 30 |
| includes, but is not
limited to, the misappropriation of assets | 31 |
| or resources of a high-risk
adult with disabilities by undue | 32 |
| influence, by breach of a fiduciary
relationship, by fraud, |
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| deception, or extortion, or the use of such assets or
resources | 2 |
| in a manner contrary to law.
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| (6) "Family or household members" include spouses, former | 4 |
| spouses,
parents, children, stepchildren and other persons | 5 |
| related by blood or
by present or prior marriage, persons
who | 6 |
| share or formerly shared a common dwelling, persons who have or
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| allegedly have a child in common, persons who share or | 8 |
| allegedly share a
blood relationship through a child, persons | 9 |
| who have or have had a dating
or engagement relationship, | 10 |
| persons with disabilities and their
personal assistants, and | 11 |
| caregivers as defined in paragraph (3) of subsection
(b) of | 12 |
| Section 12-21 of the Criminal Code of 1961 , except that for the | 13 |
| purposes of this Act, caregivers shall also include former | 14 |
| employees of facilities licensed or certified under the Nursing | 15 |
| Home Care Act, the Assisted Living and Shared Housing Act, and | 16 |
| the federal Social Security Act .
For purposes of this | 17 |
| paragraph, neither a casual acquaintanceship nor
ordinary | 18 |
| fraternization between 2 individuals in business or social
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| contexts shall be deemed to constitute a dating relationship.
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| In the case of a high-risk adult with
disabilities, "family or | 21 |
| household members" includes any person
who has the | 22 |
| responsibility for a high-risk adult as a result of a family
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| relationship or who has assumed responsibility for all or a | 24 |
| portion of the
care of a high-risk adult with disabilities | 25 |
| voluntarily, or by express or
implied contract, or by court | 26 |
| order.
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| (7) "Harassment" means knowing conduct which
is not | 28 |
| necessary to accomplish a purpose that is reasonable under the
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| circumstances; would cause a reasonable person emotional | 30 |
| distress; and
does cause emotional distress to the petitioner.
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| Unless the presumption is rebutted by a preponderance of the | 32 |
| evidence, the
following types of conduct shall be
presumed to | 33 |
| cause emotional distress:
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| (i) creating a disturbance at petitioner's place of | 35 |
| employment or school;
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| (ii) repeatedly telephoning petitioner's place of |
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| employment, home or residence;
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| (iii) repeatedly following petitioner about in a | 3 |
| public place or places;
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| (iv) repeatedly keeping petitioner under surveillance | 5 |
| by remaining
present outside his or her
home, school, place | 6 |
| of employment, vehicle or other place occupied by
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| petitioner or by peering in petitioner's windows;
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| (v) improperly concealing a minor child from | 9 |
| petitioner, repeatedly
threatening to improperly remove a | 10 |
| minor child of petitioner's from
the jurisdiction or from | 11 |
| the physical care of petitioner,
repeatedly threatening to | 12 |
| conceal a minor
child from petitioner, or making
a single | 13 |
| such
threat following an actual or attempted improper | 14 |
| removal or concealment,
unless respondent was fleeing an | 15 |
| incident or pattern of domestic violence; or
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| (vi) threatening physical force, confinement or | 17 |
| restraint on one or more occasions.
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| (8) "High-risk adult with disabilities" means a person aged | 19 |
| 18 or over
whose physical or mental disability or advanced age | 20 |
| impairs his or her ability to seek or
obtain protection from | 21 |
| abuse, neglect, or exploitation. A person may be an adult with | 22 |
| disabilities for purposes of this Act even though he or she has | 23 |
| never been adjudicated an incompetent adult. However, no court | 24 |
| proceedings may be initiated or continued on behalf of an adult | 25 |
| with disabilities over that adult's objection, unless the | 26 |
| proceeding is approved by his or her legal guardian, if any.
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| (9) "Interference with personal liberty" means committing | 28 |
| or
threatening physical abuse, harassment, intimidation or
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| willful deprivation so as to
compel another to
engage in | 30 |
| conduct from which she or he has a right to abstain or to | 31 |
| refrain from conduct
in which she or he has a right to engage.
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| (10) "Intimidation of a dependent" means subjecting a | 33 |
| person
who is dependent
because of
age, health or disability to | 34 |
| participation in or the witnessing of: physical force
against | 35 |
| another or physical confinement or restraint of another which
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| constitutes physical abuse as defined in this Act, regardless |
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| of whether the
abused person is a family or household member.
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| (11) (A) "Neglect" means the failure to exercise that | 3 |
| degree of care
toward a high-risk adult with disabilities which | 4 |
| a reasonable person would
exercise under the circumstances and | 5 |
| includes but is not limited to:
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| (i) the failure to take reasonable steps to protect a | 7 |
| high-risk adult
with disabilities from acts of abuse;
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| (ii) the repeated, careless imposition of unreasonable | 9 |
| confinement;
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| (iii) the failure to provide food, shelter, clothing, | 11 |
| and personal
hygiene to a high-risk adult with disabilities | 12 |
| who requires such assistance;
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| (iv) the failure to provide medical and rehabilitative | 14 |
| care for the
physical and mental health needs of a | 15 |
| high-risk adult with disabilities; or
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| (v) the failure to protect a high-risk adult with | 17 |
| disabilities from
health and safety hazards.
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| (B) Nothing in this subsection (10) shall be construed to | 19 |
| impose a requirement that
assistance be provided to a high-risk | 20 |
| adult with disabilities over his or
her objection in the | 21 |
| absence of a court order, nor to create any new
affirmative | 22 |
| duty to provide support to a high-risk adult with disabilities.
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| (12) "Order of protection" means an emergency order, | 24 |
| interim
order or plenary order, granted pursuant to this Act,
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| which includes any or
all of the remedies authorized by Section | 26 |
| 214 of this Act.
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| (13) "Petitioner" may mean not only any named petitioner | 28 |
| for the order of
protection and any named victim of abuse on | 29 |
| whose behalf the petition
is brought, but also any other person | 30 |
| protected by this Act.
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| (14) "Physical abuse" includes sexual abuse and means any
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| of the following:
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| (i) knowing or reckless use of physical force, | 34 |
| confinement or restraint;
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| (ii) knowing, repeated and unnecessary sleep | 36 |
| deprivation; or
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| (iii) knowing or reckless conduct which creates an | 2 |
| immediate
risk of physical harm.
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| (15) "Willful deprivation" means wilfully denying a person | 4 |
| who
because of age, health or disability requires medication,
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| medical care, shelter, accessible shelter or services, food,
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| therapeutic device, or other physical
assistance, and thereby | 7 |
| exposing that person to the risk of physical,
mental or | 8 |
| emotional harm, except with regard to medical care or treatment
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| when the dependent person has expressed an intent to forgo such | 10 |
| medical
care or treatment. This paragraph does not
create any | 11 |
| new affirmative duty to provide support to dependent persons.
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| (Source: P.A. 92-253, eff. 1-1-02.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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