Full Text of SB2469 93rd General Assembly
SB2469eng 93RD GENERAL ASSEMBLY
|
|
|
SB2469 Engrossed |
|
LRB093 19852 LCB 45595 b |
|
| 1 |
| AN ACT concerning domestic violence.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Domestic Violence Act of 1986 is | 5 |
| amended by changing Section 103 as follows:
| 6 |
| (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| 7 |
| Sec. 103. Definitions. For the purposes of this Act, the | 8 |
| following
terms shall have the following meanings:
| 9 |
| (1) "Abuse" means physical abuse, harassment, intimidation | 10 |
| of a dependent,
interference with personal liberty or willful | 11 |
| deprivation but does not include
reasonable direction of a | 12 |
| minor child by a parent or person in loco parentis.
| 13 |
| (2) (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
| 18 |
| 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.
| 21 |
| (3) "Domestic violence" means abuse as defined in paragraph | 22 |
| (1).
| 23 |
| (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.
| 27 |
| (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, |
|
|
|
SB2469 Engrossed |
- 2 - |
LRB093 19852 LCB 45595 b |
|
| 1 |
| deception, or extortion, or the use of such assets or
resources | 2 |
| in a manner contrary to law.
| 3 |
| (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
| 7 |
| 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
| 19 |
| contexts shall be deemed to constitute a dating relationship.
| 20 |
| 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
| 23 |
| 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.
| 27 |
| (7) "Harassment" means knowing conduct which
is not | 28 |
| necessary to accomplish a purpose that is reasonable under the
| 29 |
| circumstances; would cause a reasonable person emotional | 30 |
| distress; and
does cause emotional distress to the petitioner.
| 31 |
| 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:
| 34 |
| (i) creating a disturbance at petitioner's place of | 35 |
| employment or school;
| 36 |
| (ii) repeatedly telephoning petitioner's place of |
|
|
|
SB2469 Engrossed |
- 3 - |
LRB093 19852 LCB 45595 b |
|
| 1 |
| employment, home or residence;
| 2 |
| (iii) repeatedly following petitioner about in a | 3 |
| public place or places;
| 4 |
| (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
| 7 |
| petitioner or by peering in petitioner's windows;
| 8 |
| (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
| 16 |
| (vi) threatening physical force, confinement or | 17 |
| restraint on one or more occasions.
| 18 |
| (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.
| 27 |
| (9) "Interference with personal liberty" means committing | 28 |
| or
threatening physical abuse, harassment, intimidation or
| 29 |
| 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.
| 32 |
| (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
| 36 |
| constitutes physical abuse as defined in this Act, regardless |
|
|
|
SB2469 Engrossed |
- 4 - |
LRB093 19852 LCB 45595 b |
|
| 1 |
| of whether the
abused person is a family or household member.
| 2 |
| (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:
| 6 |
| (i) the failure to take reasonable steps to protect a | 7 |
| high-risk adult
with disabilities from acts of abuse;
| 8 |
| (ii) the repeated, careless imposition of unreasonable | 9 |
| confinement;
| 10 |
| (iii) the failure to provide food, shelter, clothing, | 11 |
| and personal
hygiene to a high-risk adult with disabilities | 12 |
| who requires such assistance;
| 13 |
| (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
| 16 |
| (v) the failure to protect a high-risk adult with | 17 |
| disabilities from
health and safety hazards.
| 18 |
| (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.
| 23 |
| (12) "Order of protection" means an emergency order, | 24 |
| interim
order or plenary order, granted pursuant to this Act,
| 25 |
| which includes any or
all of the remedies authorized by Section | 26 |
| 214 of this Act.
| 27 |
| (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.
| 31 |
| (14) "Physical abuse" includes sexual abuse and means any
| 32 |
| of the following:
| 33 |
| (i) knowing or reckless use of physical force, | 34 |
| confinement or restraint;
| 35 |
| (ii) knowing, repeated and unnecessary sleep | 36 |
| deprivation; or
|
|
|
|
SB2469 Engrossed |
- 5 - |
LRB093 19852 LCB 45595 b |
|
| 1 |
| (iii) knowing or reckless conduct which creates an | 2 |
| immediate
risk of physical harm.
| 3 |
| (15) "Willful deprivation" means wilfully denying a person | 4 |
| who
because of age, health or disability requires medication,
| 5 |
| medical care, shelter, accessible shelter or services, food,
| 6 |
| 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
| 9 |
| 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.
| 12 |
| (Source: P.A. 92-253, eff. 1-1-02.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|