Full Text of SB1911 94th General Assembly
SB1911sam003 94TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 4/6/2005
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| AMENDMENT TO SENATE BILL 1911
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| AMENDMENT NO. ______. Amend Senate Bill 1911 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Domestic Violence Act of 1986 is | 5 |
| amended by changing Sections 103 and 201.1 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 |
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| protect himself or herself
from abuse by a family or household | 2 |
| member.
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| (5) "Exploitation" means the illegal, including tortious, | 4 |
| use of a
high-risk adult with disabilities or of the assets or | 5 |
| resources of a
high-risk adult with disabilities. Exploitation | 6 |
| includes, but is not
limited to, the misappropriation of assets | 7 |
| or resources of a high-risk
adult with disabilities by undue | 8 |
| influence, by breach of a fiduciary
relationship, by fraud, | 9 |
| deception, or extortion, or the use of such assets or
resources | 10 |
| in a manner contrary to law.
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| (6) "Family or household members" include spouses, former | 12 |
| spouses,
parents, children, stepchildren and other persons | 13 |
| related by blood or
by present or prior marriage, persons
who | 14 |
| 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 | 16 |
| allegedly share a
blood relationship through a child, persons | 17 |
| who have or have had a dating
or engagement relationship, | 18 |
| persons with disabilities and their
personal assistants, and | 19 |
| caregivers as defined in paragraph (3) of subsection
(b) of | 20 |
| Section 12-21 of the Criminal Code of 1961.
For purposes of | 21 |
| this paragraph, neither a casual acquaintanceship nor
ordinary | 22 |
| 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 | 25 |
| household members" includes any person
who has the | 26 |
| 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 | 28 |
| portion of the
care of a high-risk adult with disabilities | 29 |
| voluntarily, or by express or
implied contract, or by court | 30 |
| order.
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| (7) "Harassment" means knowing conduct which
is not | 32 |
| necessary to accomplish a purpose that is reasonable under the
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| circumstances; would cause a reasonable person emotional | 34 |
| distress; and
does cause emotional distress to the petitioner.
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| Unless the presumption is rebutted by a preponderance of the | 2 |
| evidence, the
following types of conduct shall be
presumed to | 3 |
| cause emotional distress:
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| (i) creating a disturbance at petitioner's place of | 5 |
| employment or school;
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| (ii) repeatedly telephoning petitioner's place of | 7 |
| employment, home or residence;
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| (iii) repeatedly following petitioner about in a | 9 |
| public place or places;
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| (iv) repeatedly keeping petitioner under surveillance | 11 |
| by remaining
present outside his or her
home, school, place | 12 |
| 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 | 15 |
| petitioner, repeatedly
threatening to improperly remove a | 16 |
| minor child of petitioner's from
the jurisdiction or from | 17 |
| the physical care of petitioner,
repeatedly threatening to | 18 |
| conceal a minor
child from petitioner, or making
a single | 19 |
| such
threat following an actual or attempted improper | 20 |
| removal or concealment,
unless respondent was fleeing an | 21 |
| incident or pattern of domestic violence; or
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| (vi) threatening physical force, confinement or | 23 |
| restraint on one or more occasions.
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| (8) "High-risk adult with disabilities" means a person aged | 25 |
| 18 or over
whose physical or mental disability or advanced age | 26 |
| impairs his or her ability to seek or
obtain protection from | 27 |
| abuse, neglect, or exploitation. A person may be a high-risk | 28 |
| adult with disabilities for purposes of this Act even though he | 29 |
| or she has never been adjudicated an incompetent adult.
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| (9) "Interference with personal liberty" means committing | 31 |
| or
threatening physical abuse, harassment, intimidation or
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| willful deprivation so as to
compel another to
engage in | 33 |
| conduct from which she or he has a right to abstain or to | 34 |
| 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 | 2 |
| person
who is dependent
because of
age, health or disability to | 3 |
| participation in or the witnessing of: physical force
against | 4 |
| another or physical confinement or restraint of another which
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| constitutes physical abuse as defined in this Act, regardless | 6 |
| of whether the
abused person is a family or household member.
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| (11) (A) "Neglect" means the failure to exercise that | 8 |
| degree of care
toward a high-risk adult with disabilities which | 9 |
| a reasonable person would
exercise under the circumstances and | 10 |
| includes but is not limited to:
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| (i) the failure to take reasonable steps to protect a | 12 |
| high-risk adult
with disabilities from acts of abuse;
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| (ii) the repeated, careless imposition of unreasonable | 14 |
| confinement;
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| (iii) the failure to provide food, shelter, clothing, | 16 |
| and personal
hygiene to a high-risk adult with disabilities | 17 |
| who requires such assistance;
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| (iv) the failure to provide medical and rehabilitative | 19 |
| care for the
physical and mental health needs of a | 20 |
| high-risk adult with disabilities; or
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| (v) the failure to protect a high-risk adult with | 22 |
| disabilities from
health and safety hazards.
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| (B) Nothing in this subsection (10) shall be construed to | 24 |
| impose a requirement that
assistance be provided to a high-risk | 25 |
| adult with disabilities over his or
her objection in the | 26 |
| absence of a court order, nor to create any new
affirmative | 27 |
| duty to provide support to a high-risk adult with disabilities.
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| (12) "Order of protection" means an emergency order, | 29 |
| 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 | 31 |
| 214 of this Act.
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| (13) "Petitioner" may mean not only any named petitioner | 33 |
| for the order of
protection and any named victim of abuse on | 34 |
| whose behalf the petition
is brought, but also any other person |
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| 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, | 5 |
| confinement or restraint;
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| (ii) knowing, repeated and unnecessary sleep | 7 |
| deprivation; or
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| (iii) knowing or reckless conduct which creates an | 9 |
| immediate
risk of physical harm.
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| (14.5) "Stay away" means for the respondent to refrain from | 11 |
| both physical presence and nonphysical contact with the | 12 |
| petitioner whether direct, indirect (including, but not | 13 |
| limited to, telephone calls, mail, email, faxes, and written | 14 |
| notes), or through third parties who may or may not know about | 15 |
| the order of protection.
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| (15) "Willful deprivation" means wilfully denying a person | 17 |
| 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 | 20 |
| exposing that person to the risk of physical,
mental or | 21 |
| 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 | 23 |
| medical
care or treatment. This paragraph does not
create any | 24 |
| new affirmative duty to provide support to dependent persons.
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| (Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
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| (750 ILCS 60/201.1) (from Ch. 40, par. 2312-1.1)
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| Sec. 201.1. Access of high-risk adults. No person shall | 28 |
| obstruct or
impede the access of a high-risk adult with | 29 |
| disabilities to any agency or
organization authorized to file a | 30 |
| petition for an order of protection under
Section 201 of this | 31 |
| Act for the purpose of a private visit relating to
legal | 32 |
| rights, entitlements, claims and services under this Act and | 33 |
| Section 1 of
"An Act
in relation to domestic relations and |
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| domestic violence shelters and
service programs", approved | 2 |
| September 24, 1981, as now or hereafter
amended. If a person | 3 |
| does so obstruct or impede such access of a high-risk
adult | 4 |
| with disabilities, local law enforcement agencies shall take | 5 |
| all
appropriate
action to assist the party seeking access in | 6 |
| petitioning for a search
warrant or an ex parte injunctive | 7 |
| order. Such warrant or order may issue
upon a showing of | 8 |
| probable cause to believe that the high-risk adult with
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| disabilities is the subject of abuse, neglect, or exploitation | 10 |
| which
constitutes a criminal offense or that any other criminal | 11 |
| offense is
occurring which affects the interests or welfare of | 12 |
| the high-risk adult
with disabilities. When, from the personal | 13 |
| observations of a law
enforcement officer, it appears probable | 14 |
| that delay of entry in order to obtain
a warrant or order would | 15 |
| cause the high-risk adult with disabilities to be
in imminent | 16 |
| danger of death or great bodily harm, entry may be made by the
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| law enforcement officer after an announcement of the officer's | 18 |
| authority and purpose.
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| No court proceedings may be initiated or continued on | 20 |
| behalf of a high-risk adult with disabilities over that adult's | 21 |
| objection, unless the proceeding is approved by his or her | 22 |
| legal guardian, if any. In cases where a legal guardian of the | 23 |
| high-risk adult with disabilities objects to court proceedings | 24 |
| on behalf of the adult and the guardian is alleged or | 25 |
| substantiated to have abused, neglected, or exploited the | 26 |
| adult, the court shall consider such allegations or | 27 |
| substantiation in determining whether court proceedings under | 28 |
| this Act should be initiated or continued.
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| (Source: P.A. 86-542.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.".
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