Full Text of HB3038 95th General Assembly
HB3038ham001 95TH GENERAL ASSEMBLY
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Rep. Suzanne Bassi
Filed: 4/9/2008
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| AMENDMENT TO HOUSE BILL 3038
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| AMENDMENT NO. ______. Amend House Bill 3038 by replacing | 3 |
| the title with the following:
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| "AN ACT concerning domestic violence, which may be referred | 5 |
| to as the Cindy Bischof Law."; and | 6 |
| by replacing everything after the enacting clause with the | 7 |
| following:
| 8 |
| "Section 5. The Department of State Police Law of the
Civil | 9 |
| Administrative Code of Illinois is amended by adding Section | 10 |
| 2605-585 as follows: | 11 |
| (20 ILCS 2605/2605-585 new)
| 12 |
| Sec. 2605-585. Protocols for domestic violence | 13 |
| surveillance. The Department of State Police shall develop a | 14 |
| protocol to coordinate actions of the courts and law | 15 |
| enforcement agencies to implement the domestic violence |
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| surveillance program established in Section 5-8A-7 of the | 2 |
| Unified Code of Corrections, including the deposit and | 3 |
| administration of fines provided for in Section 5-9-1.16 of the | 4 |
| Unified Code of Corrections.
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| Section 10. The State Finance Act is amended by adding | 6 |
| Section 5.710 as follows: | 7 |
| (30 ILCS 105/5.710 new) | 8 |
| Sec. 5.710. The Domestic Violence Surveillance Fund. | 9 |
| Section 15. The Criminal Code of 1961 is amended by | 10 |
| changing Section 12-30 as follows:
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| (720 ILCS 5/12-30) (from Ch. 38, par. 12-30)
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| Sec. 12-30. Violation of an order of protection.
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| (a) A person commits violation of an order of protection | 14 |
| if:
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| (1) He or she commits an act which was prohibited by a | 16 |
| court or fails
to commit
an act which was ordered by a | 17 |
| court in violation of:
| 18 |
| (i) a remedy in a valid
order of protection | 19 |
| authorized under paragraphs (1), (2), (3), (14),
or
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| (14.5) , or (18) of
subsection (b) of Section 214 of the | 21 |
| Illinois Domestic Violence Act of 1986,
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| (ii) a remedy, which is substantially similar to |
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| the remedies
authorized
under paragraphs (1), (2), | 2 |
| (3), (14) , or (14.5) , or (18) of subsection (b) of | 3 |
| Section 214
of the Illinois Domestic Violence Act of | 4 |
| 1986, in a valid order of protection,
which is | 5 |
| authorized under the laws of another state, tribe or | 6 |
| United States
territory,
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| (iii) any other remedy when the act constitutes a | 8 |
| crime against the
protected parties
as the term | 9 |
| protected parties is defined in Section 112A-4 of the | 10 |
| Code of
Criminal Procedure of 1963; and
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| (2) Such violation occurs after the offender has been | 12 |
| served notice of
the contents of the order, pursuant to the | 13 |
| Illinois Domestic Violence
Act of 1986 or any substantially | 14 |
| similar statute of another state, tribe or
United
States | 15 |
| territory, or otherwise has acquired actual knowledge of | 16 |
| the contents
of the
order.
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| An order of protection issued by a state, tribal or | 18 |
| territorial
court
related to domestic or family violence shall | 19 |
| be deemed valid if the issuing
court had jurisdiction over the | 20 |
| parties and matter under the law of the state,
tribe or | 21 |
| territory. There shall be a presumption of validity where an | 22 |
| order is
certified and appears authentic on its face.
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| (a-5) Failure to provide reasonable notice and opportunity | 24 |
| to be heard
shall
be an affirmative defense to any charge or | 25 |
| process filed seeking enforcement of
a foreign order of | 26 |
| protection.
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| (b) For purposes of this Section, an "order of protection" | 2 |
| may have been
issued in a criminal or civil proceeding.
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| (c) Nothing in this Section shall be construed to diminish | 4 |
| the inherent
authority of the courts to enforce their lawful | 5 |
| orders through civil or
criminal contempt proceedings.
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| (d) Violation of an order of protection under subsection | 7 |
| (a) of this
Section is a Class A misdemeanor.
Violation of an | 8 |
| order of protection under subsection (a) of this Section is a
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| Class 4 felony if the defendant has any prior conviction under | 10 |
| this Code for
domestic battery (Section 12-3.2)
or violation of | 11 |
| an order of protection (Section
12-30). Violation of an order | 12 |
| of protection is a Class 4 felony if the
defendant has any | 13 |
| prior conviction under this Code for
first degree murder | 14 |
| (Section 9-1), attempt to commit first degree murder
(Section | 15 |
| 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | 16 |
| battery
(Section 12-4),
heinous battery (Section 12-4.1), | 17 |
| aggravated battery with a firearm (Section
12-4.2), aggravated | 18 |
| battery of a child (Section 12-4.3), aggravated battery of
an | 19 |
| unborn child (Section 12-4.4), aggravated battery of a senior | 20 |
| citizen
(Section 12-4.6),
stalking (Section 12-7.3), | 21 |
| aggravated stalking (Section
12-7.4),
criminal sexual assault | 22 |
| (Section 12-13), aggravated criminal sexual assault
(12-14), | 23 |
| kidnapping (Section 10-1), aggravated kidnapping (Section | 24 |
| 10-2),
predatory criminal sexual assault of a child (Section | 25 |
| 12-14.1),
aggravated criminal sexual abuse (Section 12-16),
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| unlawful restraint (Section 10-3), aggravated unlawful |
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| restraint
(Section
10-3.1),
aggravated arson (Section 20-1.1), | 2 |
| or aggravated discharge of a firearm
(Section 24-1.2),
when any | 3 |
| of these offenses have been committed against a family or
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| household member as defined in Section 112A-3 of the Code of | 5 |
| Criminal Procedure
of 1963. The court shall impose a minimum | 6 |
| penalty of 24 hours imprisonment for
defendant's second or | 7 |
| subsequent violation of any order of protection; unless
the | 8 |
| court explicitly finds that an increased penalty or such period | 9 |
| of
imprisonment would be manifestly unjust. In addition to any | 10 |
| other penalties,
the court may order the defendant to pay a | 11 |
| fine as authorized under Section
5-9-1 of the Unified Code of | 12 |
| Corrections or to make restitution to the victim
under Section | 13 |
| 5-5-6 of the Unified Code of Corrections. In addition to any
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| other penalties, including those imposed by Section 5-9-1.5 of | 15 |
| the Unified Code
of Corrections, the court shall impose an | 16 |
| additional fine of $20 as authorized
by Section 5-9-1.11 of the | 17 |
| Unified Code of Corrections upon any person
convicted of or | 18 |
| placed on supervision for a violation of this
Section. The | 19 |
| additional fine shall
be imposed for each violation of this | 20 |
| Section.
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| (e) The limitations placed on law enforcement liability by | 22 |
| Section 305 of
the Illinois Domestic Violence Act of 1986 apply | 23 |
| to actions taken under this
Section.
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| (Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; | 25 |
| 92-827, eff.
8-22-02.)
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| Section 20. The Code of Criminal Procedure of 1963 is | 2 |
| amended by changing Sections 110-5 and 112A-14 as follows:
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| (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
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| Sec. 110-5. Determining the amount of bail and conditions | 5 |
| of release.
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| (a) In determining the amount of monetary bail or | 7 |
| conditions of release, if
any,
which will reasonably assure the | 8 |
| appearance of a defendant as required or
the safety of any | 9 |
| other person or the community and the likelihood of
compliance | 10 |
| by the
defendant with all the conditions of bail, the court | 11 |
| shall, on the
basis of available information, take into account | 12 |
| such matters as the
nature and circumstances of the offense | 13 |
| charged, whether the evidence
shows that as part of the offense | 14 |
| there was a use of violence or threatened
use of violence, | 15 |
| whether the offense involved corruption of public
officials or | 16 |
| employees, whether there was physical harm or threats of | 17 |
| physical
harm to any
public official, public employee, judge, | 18 |
| prosecutor, juror or witness,
senior citizen, child or | 19 |
| handicapped person, whether evidence shows that
during the | 20 |
| offense or during the arrest the defendant possessed or used a
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| firearm, machine gun, explosive or metal piercing ammunition or | 22 |
| explosive
bomb device or any military or paramilitary armament,
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| whether the evidence
shows that the offense committed was | 24 |
| related to or in furtherance of the
criminal activities of an | 25 |
| organized gang or was motivated by the defendant's
membership |
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| in or allegiance to an organized gang,
the condition of the
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| victim, any written statement submitted by the victim or | 3 |
| proffer or
representation by the State regarding the
impact | 4 |
| which the alleged criminal conduct has had on the victim and | 5 |
| the
victim's concern, if any, with further contact with the | 6 |
| defendant if
released on bail, whether the offense was based on | 7 |
| racial, religious,
sexual orientation or ethnic hatred,
the | 8 |
| likelihood of the filing of a greater charge, the likelihood of
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| conviction, the sentence applicable upon conviction, the | 10 |
| weight of the evidence
against such defendant, whether there | 11 |
| exists motivation or ability to
flee, whether there is any | 12 |
| verification as to prior residence, education,
or family ties | 13 |
| in the local jurisdiction, in another county,
state or foreign | 14 |
| country, the defendant's employment, financial resources,
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| character and mental condition, past conduct, prior use of | 16 |
| alias names or
dates of birth, and length of residence in the | 17 |
| community,
the consent of the defendant to periodic drug | 18 |
| testing in accordance with
Section 110-6.5,
whether a foreign | 19 |
| national defendant is lawfully admitted in the United
States of | 20 |
| America, whether the government of the foreign national
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| maintains an extradition treaty with the United States by which | 22 |
| the foreign
government will extradite to the United States its | 23 |
| national for a trial for
a crime allegedly committed in the | 24 |
| United States, whether the defendant is
currently subject to | 25 |
| deportation or exclusion under the immigration laws of
the | 26 |
| United States, whether the defendant, although a United States |
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| citizen,
is considered under the law of any foreign state a | 2 |
| national of that state
for the purposes of extradition or | 3 |
| non-extradition to the United States,
the amount of unrecovered | 4 |
| proceeds lost as a result of
the alleged offense, the
source of | 5 |
| bail funds tendered or sought to be tendered for bail,
whether | 6 |
| from the totality of the court's consideration,
the loss of | 7 |
| funds posted or sought to be posted for bail will not deter the
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| defendant from flight, whether the evidence shows that the | 9 |
| defendant is
engaged in significant
possession, manufacture, | 10 |
| or delivery of a controlled substance or cannabis,
either | 11 |
| individually or in consort with others,
whether at the time of | 12 |
| the offense
charged he was on bond or pre-trial release pending | 13 |
| trial, probation,
periodic imprisonment or conditional | 14 |
| discharge pursuant to this Code or the
comparable Code of any | 15 |
| other state or federal jurisdiction, whether the
defendant is | 16 |
| on bond or
pre-trial release pending the imposition or | 17 |
| execution of sentence or appeal of
sentence for any offense | 18 |
| under the laws of Illinois or any other state or
federal | 19 |
| jurisdiction, whether the defendant is under parole or | 20 |
| mandatory
supervised release or
work release from the Illinois | 21 |
| Department of Corrections or any penal
institution or | 22 |
| corrections department of any state or federal
jurisdiction, | 23 |
| the defendant's record of convictions, whether the defendant | 24 |
| has been
convicted of a misdemeanor or ordinance offense in | 25 |
| Illinois or similar
offense in other state or federal | 26 |
| jurisdiction within the 10 years
preceding the current charge |
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| or convicted of a felony in Illinois, whether
the defendant was | 2 |
| convicted of an offense in another state or federal
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| jurisdiction that would
be a felony if committed in Illinois | 4 |
| within the 20 years preceding the
current charge or has been | 5 |
| convicted of such felony and released from the
penitentiary | 6 |
| within 20 years preceding the current charge if a
penitentiary | 7 |
| sentence was imposed in Illinois or other state or federal
| 8 |
| jurisdiction, the defendant's records of juvenile adjudication | 9 |
| of delinquency in any
jurisdiction, any record of appearance or | 10 |
| failure to appear by
the defendant at
court proceedings, | 11 |
| whether there was flight to avoid arrest or
prosecution, | 12 |
| whether the defendant escaped or
attempted to escape to avoid | 13 |
| arrest, whether the defendant refused to
identify himself, or | 14 |
| whether there was a refusal by the defendant to be
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| fingerprinted as required by law. Information used by the court | 16 |
| in its
findings or stated in or
offered in connection with this | 17 |
| Section may be by way of proffer based upon
reliable | 18 |
| information offered by the State or defendant.
All evidence | 19 |
| shall be admissible if it is relevant and
reliable regardless | 20 |
| of whether it would be admissible under the rules of
evidence | 21 |
| applicable at criminal trials.
If the State presents evidence | 22 |
| that the offense committed by the defendant
was related to or | 23 |
| in furtherance of the criminal activities of an organized
gang | 24 |
| or was motivated by the defendant's membership in or allegiance | 25 |
| to an
organized gang, and if the court determines that the | 26 |
| evidence may be
substantiated, the court shall prohibit the |
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| defendant from associating with
other members of the organized | 2 |
| gang as a condition of bail or release.
For the purposes of | 3 |
| this Section,
"organized gang" has the meaning ascribed to it | 4 |
| in Section 10 of the Illinois
Streetgang Terrorism Omnibus | 5 |
| Prevention Act.
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| (b) The amount of bail shall be:
| 7 |
| (1) Sufficient to assure compliance with the | 8 |
| conditions set forth in the
bail bond, which shall include | 9 |
| the defendant's current address with a written
| 10 |
| admonishment to the defendant that he or she must comply | 11 |
| with the provisions of
Section 110-12 regarding any change | 12 |
| in his or her address. The defendant's
address shall at all | 13 |
| times remain a matter of public record with the clerk
of | 14 |
| the court.
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| (2) Not oppressive.
| 16 |
| (3) Considerate of the financial ability of the | 17 |
| accused.
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| (4) When a person is charged with a drug related | 19 |
| offense involving
possession or delivery of cannabis or | 20 |
| possession or delivery of a
controlled substance as defined | 21 |
| in the Cannabis Control Act,
the Illinois Controlled | 22 |
| Substances Act, or the Methamphetamine Control and | 23 |
| Community Protection Act, the full street value
of the | 24 |
| drugs seized shall be considered. "Street value" shall be
| 25 |
| determined by the court on the basis of a proffer by the | 26 |
| State based upon
reliable information of a law enforcement |
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| official contained in a written
report as to the amount | 2 |
| seized and such proffer may be used by the court as
to the | 3 |
| current street value of the smallest unit of the drug | 4 |
| seized.
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| (b-5) Upon the filing of a written request demonstrating | 6 |
| reasonable cause, the State's Attorney may request a source of | 7 |
| bail hearing either before or after the posting of any funds.
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| If the hearing is granted, before the posting of any bail, the | 9 |
| accused must file a written notice requesting that the court | 10 |
| conduct a source of bail hearing. The notice must be | 11 |
| accompanied by justifying affidavits stating the legitimate | 12 |
| and lawful source of funds for bail. At the hearing, the court | 13 |
| shall inquire into any matters stated in any justifying | 14 |
| affidavits, and may also inquire into matters appropriate to | 15 |
| the determination which shall include, but are not limited to, | 16 |
| the following: | 17 |
| (1) the background, character, reputation, and | 18 |
| relationship to the accused of any surety; and | 19 |
| (2) the source of any money or property deposited by | 20 |
| any surety, and whether any such money or property | 21 |
| constitutes the fruits of criminal or unlawful conduct; and | 22 |
| (3) the source of any money posted as cash bail, and | 23 |
| whether any such money constitutes the fruits of criminal | 24 |
| or unlawful conduct; and | 25 |
| (4) the background, character, reputation, and | 26 |
| relationship to the accused of the person posting cash |
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| bail. | 2 |
| Upon setting the hearing, the court shall examine, under | 3 |
| oath, any persons who may possess material information. | 4 |
| The State's Attorney has a right to attend the hearing, to | 5 |
| call witnesses and to examine any witness in the proceeding. | 6 |
| The court shall, upon request of the State's Attorney, continue | 7 |
| the proceedings for a reasonable period to allow the State's | 8 |
| Attorney to investigate the matter raised in any testimony or | 9 |
| affidavit.
If the hearing is granted after the accused has | 10 |
| posted bail, the court shall conduct a hearing consistent with | 11 |
| this subsection (b-5). At the conclusion of the hearing, the | 12 |
| court must issue an order either approving of disapproving the | 13 |
| bail.
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| (c) When a person is charged with an offense punishable by | 15 |
| fine only the
amount of the bail shall not exceed double the | 16 |
| amount of the maximum penalty.
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| (d) When a person has been convicted of an offense and only | 18 |
| a fine has
been imposed the amount of the bail shall not exceed | 19 |
| double the amount of
the fine.
| 20 |
| (e) The State may appeal any order granting bail or setting
| 21 |
| a given amount for bail. | 22 |
| (f) When a person is charged with a violation of an order | 23 |
| of protection under Section 12-30 of the Criminal Code of 1961, | 24 |
| the court may order that the person, as a condition of bail, be | 25 |
| placed under electronic surveillance as provided in Section | 26 |
| 5-8A-7 of the Unified Code of Corrections.
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| (Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04; | 2 |
| 94-556, eff. 9-11-05.)
| 3 |
| (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| 4 |
| Sec. 112A-14. Order of protection; remedies.
| 5 |
| (a) Issuance of order. If the court finds that petitioner | 6 |
| has been
abused by a family or household member, as defined in | 7 |
| this Article, an
order of protection prohibiting such abuse | 8 |
| shall issue; provided that
petitioner must also satisfy the | 9 |
| requirements of one of the following
Sections, as appropriate: | 10 |
| Section 112A-17 on emergency orders, Section
112A-18 on interim | 11 |
| orders, or Section 112A-19 on
plenary orders.
Petitioner shall | 12 |
| not be denied an order of protection because petitioner or
| 13 |
| respondent is a minor. The court, when determining whether or | 14 |
| not to issue
an order of protection, shall not require physical | 15 |
| manifestations of abuse
on the person of the victim. | 16 |
| Modification and extension of prior orders of
protection shall | 17 |
| be in accordance with this Article.
| 18 |
| (b) Remedies and standards. The remedies to be included in | 19 |
| an order of
protection shall be determined in accordance with | 20 |
| this Section and one of
the following Sections, as appropriate: | 21 |
| Section 112A-17 on
emergency orders,
Section 112A-18 on interim | 22 |
| orders, and Section 112A-19 on
plenary orders.
The remedies | 23 |
| listed in this subsection shall be in addition to other civil
| 24 |
| or criminal remedies available to petitioner. The remedy | 25 |
| provided in paragraph (18) of this subsection (b) shall be |
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| included in every order of protection issued on or after the | 2 |
| effective date of this amendatory Act of the 95th General | 3 |
| Assembly.
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| (1) Prohibition of abuse. Prohibit respondent's | 5 |
| harassment,
interference with personal liberty, | 6 |
| intimidation of a dependent, physical
abuse or willful | 7 |
| deprivation, as defined in this Article, if such abuse has
| 8 |
| occurred or otherwise appears likely to occur if not | 9 |
| prohibited.
| 10 |
| (2) Grant of exclusive possession of residence. | 11 |
| Prohibit respondent
from entering or remaining in any | 12 |
| residence or household of the petitioner,
including one | 13 |
| owned or leased by respondent, if petitioner has a right
to | 14 |
| occupancy thereof. The grant of exclusive possession of the | 15 |
| residence
shall not affect title to real property, nor | 16 |
| shall the court be limited by
the standard set forth in | 17 |
| Section 701 of the Illinois Marriage and
Dissolution of | 18 |
| Marriage Act.
| 19 |
| (A) Right to occupancy. A party has a right to | 20 |
| occupancy of a
residence or household if it is
solely | 21 |
| or jointly owned or leased by that party, that party's | 22 |
| spouse, a
person with a legal duty to support that | 23 |
| party or a minor child in that
party's care, or by any | 24 |
| person or entity other than the opposing party that
| 25 |
| authorizes that party's occupancy (e.g., a domestic | 26 |
| violence shelter).
Standards set forth in subparagraph |
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| (B) shall not preclude equitable relief.
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| (B) Presumption of hardships. If petitioner and | 3 |
| respondent
each has the right to occupancy of a | 4 |
| residence or household, the court
shall balance (i) the | 5 |
| hardships to respondent and any minor child or
| 6 |
| dependent adult in respondent's care resulting from | 7 |
| entry of this remedy with (ii)
the hardships to | 8 |
| petitioner and any minor child or dependent adult in
| 9 |
| petitioner's care resulting from continued exposure to | 10 |
| the risk of abuse (should
petitioner remain at the | 11 |
| residence or household) or from loss of possession
of | 12 |
| the residence or household (should petitioner leave to | 13 |
| avoid the risk
of abuse). When determining the balance | 14 |
| of hardships, the court shall also
take into account | 15 |
| the accessibility of the residence or household.
| 16 |
| Hardships need not be balanced if respondent does not | 17 |
| have a right to occupancy.
| 18 |
| The balance of hardships is presumed to favor | 19 |
| possession by
petitioner unless the presumption is | 20 |
| rebutted by a preponderance of the
evidence, showing | 21 |
| that the hardships to respondent substantially | 22 |
| outweigh
the hardships to petitioner and any minor | 23 |
| child or dependent adult in petitioner's
care. The | 24 |
| court, on the request of petitioner or on its own | 25 |
| motion,
may order respondent to provide suitable, | 26 |
| accessible, alternate housing
for petitioner instead |
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| of
excluding respondent from a mutual residence or | 2 |
| household.
| 3 |
| (3) Stay away order and additional prohibitions.
Order | 4 |
| respondent to stay away from petitioner or any other person
| 5 |
| protected by the order of protection, or prohibit | 6 |
| respondent from entering
or remaining present at | 7 |
| petitioner's school, place of employment, or other
| 8 |
| specified places at times when petitioner is present, or | 9 |
| both, if
reasonable, given
the balance of hardships. | 10 |
| Hardships need not be balanced for the court
to enter a | 11 |
| stay away order or prohibit entry
if respondent has no | 12 |
| right to enter the premises.
| 13 |
| If an order of protection grants petitioner exclusive | 14 |
| possession
of the residence, or prohibits respondent from | 15 |
| entering the residence,
or orders respondent to stay away | 16 |
| from petitioner or other
protected persons, then the court | 17 |
| may allow respondent access to the
residence to remove | 18 |
| items of clothing and personal adornment
used exclusively | 19 |
| by respondent, medications, and other items as the court | 20 |
| directs.
The right to access shall be exercised on only one | 21 |
| occasion as the court directs
and in the presence of an | 22 |
| agreed-upon adult third party or law enforcement officer.
| 23 |
| (4) Counseling. Require or recommend the respondent to | 24 |
| undergo
counseling for a specified duration with a social | 25 |
| worker, psychologist,
clinical psychologist, psychiatrist, | 26 |
| family service agency, alcohol or
substance abuse program, |
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| 1 |
| mental health center guidance counselor, agency
providing | 2 |
| services to elders, program designed for domestic violence
| 3 |
| abusers or any other guidance service the court deems | 4 |
| appropriate.
| 5 |
| (5) Physical care and possession of the minor child. In | 6 |
| order to protect
the minor child from abuse, neglect, or | 7 |
| unwarranted separation from the person
who has been the | 8 |
| minor child's primary caretaker, or to otherwise protect | 9 |
| the
well-being of the minor child, the court may do either | 10 |
| or both of the following:
(i) grant petitioner physical | 11 |
| care or possession of the minor child, or both, or
(ii) | 12 |
| order respondent to return a minor child to, or not remove | 13 |
| a minor child
from, the physical care of a parent or person | 14 |
| in loco parentis.
| 15 |
| If a court finds, after a hearing, that respondent has | 16 |
| committed abuse
(as defined in Section 112A-3) of a minor | 17 |
| child, there shall be a
rebuttable presumption that | 18 |
| awarding physical care to respondent would not
be in the | 19 |
| minor child's best interest.
| 20 |
| (6) Temporary legal custody.
Award temporary legal | 21 |
| custody to petitioner in accordance with this Section,
the | 22 |
| Illinois Marriage
and Dissolution of Marriage Act, the | 23 |
| Illinois Parentage Act of 1984,
and this State's Uniform | 24 |
| Child-Custody
Jurisdiction and Enforcement Act.
| 25 |
| If a court finds, after a hearing, that respondent
has | 26 |
| committed abuse (as defined in Section 112A-3) of a
minor |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| child, there shall be a rebuttable presumption that | 2 |
| awarding
temporary legal custody to respondent would not be | 3 |
| in the
child's best interest.
| 4 |
| (7) Visitation. Determine the
visitation rights, if | 5 |
| any, of respondent in any case in which the court
awards | 6 |
| physical care or temporary legal custody of a minor child | 7 |
| to
petitioner. The court shall restrict or deny | 8 |
| respondent's visitation with
a minor child if
the court | 9 |
| finds that respondent has done or is likely to do any of | 10 |
| the
following: (i) abuse or endanger the minor child during | 11 |
| visitation; (ii) use the
visitation as an opportunity to | 12 |
| abuse or harass petitioner or
petitioner's family or | 13 |
| household members; (iii) improperly conceal or
detain the | 14 |
| minor child; or (iv) otherwise act in a manner that is not | 15 |
| in
the best interests of the minor child. The court shall | 16 |
| not be limited by the
standards set forth in Section 607.1 | 17 |
| of the Illinois Marriage and
Dissolution of Marriage Act. | 18 |
| If the court grants visitation, the order
shall specify | 19 |
| dates and times for the visitation to take place or other
| 20 |
| specific parameters or conditions that are appropriate. No | 21 |
| order for
visitation shall refer merely to the term | 22 |
| "reasonable visitation".
| 23 |
| Petitioner may deny respondent access to the minor | 24 |
| child if, when
respondent arrives for visitation, | 25 |
| respondent is under the influence of drugs
or alcohol and | 26 |
| constitutes a threat to the safety and well-being of
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| petitioner or petitioner's minor children or is behaving in | 2 |
| a violent or abusive manner.
| 3 |
| If necessary to protect any member of petitioner's | 4 |
| family or
household from future abuse, respondent shall be | 5 |
| prohibited from coming to
petitioner's residence to meet | 6 |
| the minor child for visitation, and the
parties shall | 7 |
| submit to the court their recommendations for reasonable
| 8 |
| alternative arrangements for visitation. A person may be | 9 |
| approved to
supervise visitation only after filing an | 10 |
| affidavit accepting
that responsibility and acknowledging | 11 |
| accountability to the court.
| 12 |
| (8) Removal or concealment of minor child.
Prohibit | 13 |
| respondent from
removing a minor child from the State or | 14 |
| concealing the child within the
State.
| 15 |
| (9) Order to appear. Order the respondent to
appear in | 16 |
| court, alone
or with a minor child, to prevent abuse, | 17 |
| neglect, removal or concealment of
the child, to return the | 18 |
| child to the custody or care of the petitioner or
to permit | 19 |
| any court-ordered interview or examination of the child or | 20 |
| the
respondent.
| 21 |
| (10) Possession of personal property. Grant petitioner | 22 |
| exclusive
possession of personal property and, if | 23 |
| respondent has possession or
control, direct respondent to | 24 |
| promptly make it available to petitioner, if:
| 25 |
| (i) petitioner, but not respondent, owns the | 26 |
| property; or
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| (ii) the parties own the property jointly; sharing | 2 |
| it would risk
abuse of petitioner by respondent or is | 3 |
| impracticable; and the balance of
hardships favors | 4 |
| temporary possession by petitioner.
| 5 |
| If petitioner's sole claim to ownership of the property | 6 |
| is that it is
marital property, the court may award | 7 |
| petitioner temporary possession
thereof under the | 8 |
| standards of subparagraph (ii) of this paragraph only if
a | 9 |
| proper proceeding has been filed under the Illinois | 10 |
| Marriage and
Dissolution of Marriage Act, as now or | 11 |
| hereafter amended.
| 12 |
| No order under this provision shall affect title to | 13 |
| property.
| 14 |
| (11) Protection of property. Forbid the respondent | 15 |
| from taking,
transferring, encumbering, concealing, | 16 |
| damaging or otherwise disposing of
any real or personal | 17 |
| property, except as explicitly authorized by the
court, if:
| 18 |
| (i) petitioner, but not respondent, owns the | 19 |
| property; or
| 20 |
| (ii) the parties own the property jointly,
and the | 21 |
| balance of hardships favors granting this remedy.
| 22 |
| If petitioner's sole claim to ownership of the property | 23 |
| is that it is
marital property, the court may grant | 24 |
| petitioner relief under subparagraph
(ii) of this | 25 |
| paragraph only if a proper proceeding has been filed under | 26 |
| the
Illinois Marriage and Dissolution of Marriage Act, as |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| now or hereafter amended.
| 2 |
| The court may further prohibit respondent from | 3 |
| improperly using the
financial or other resources of an | 4 |
| aged member of the family or household
for the profit or | 5 |
| advantage of respondent or of any other person.
| 6 |
| (11.5) Protection of animals. Grant the petitioner the | 7 |
| exclusive care, custody, or control of any animal owned, | 8 |
| possessed, leased, kept, or held by either the petitioner | 9 |
| or the respondent or a minor child residing in the | 10 |
| residence or household of either the petitioner or the | 11 |
| respondent and order the respondent to stay away from the | 12 |
| animal and forbid the respondent from taking, | 13 |
| transferring, encumbering, concealing, harming, or | 14 |
| otherwise disposing of the animal.
| 15 |
| (12) Order for payment of support. Order
respondent to | 16 |
| pay temporary
support for the petitioner or any child in | 17 |
| the petitioner's care or
custody, when the respondent has a | 18 |
| legal obligation to support that person,
in accordance with | 19 |
| the Illinois Marriage and Dissolution
of Marriage Act, | 20 |
| which shall govern, among other matters, the amount of
| 21 |
| support, payment through the clerk and withholding of | 22 |
| income to secure
payment. An order for child support may be | 23 |
| granted to a petitioner with
lawful physical care or | 24 |
| custody of a child, or an order or agreement for
physical | 25 |
| care or custody, prior to entry of an order for legal | 26 |
| custody.
Such a support order shall expire upon entry of a |
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| valid order granting
legal custody to another, unless | 2 |
| otherwise provided in the custody order.
| 3 |
| (13) Order for payment of losses. Order
respondent to | 4 |
| pay petitioner
for losses suffered as a direct result of | 5 |
| the abuse. Such losses shall
include, but not be limited | 6 |
| to, medical expenses, lost earnings or other
support, | 7 |
| repair or replacement of property damaged or taken, | 8 |
| reasonable
attorney's fees, court costs and moving or other | 9 |
| travel expenses, including
additional reasonable expenses | 10 |
| for temporary shelter and restaurant meals.
| 11 |
| (i) Losses affecting family needs. If a party is | 12 |
| entitled to seek
maintenance, child support or | 13 |
| property distribution from the other party
under the | 14 |
| Illinois Marriage and Dissolution of Marriage Act, as | 15 |
| now or
hereafter amended, the court may order | 16 |
| respondent to reimburse petitioner's
actual losses, to | 17 |
| the extent that such reimbursement would be | 18 |
| "appropriate
temporary relief", as authorized by | 19 |
| subsection (a)(3) of
Section 501 of that Act.
| 20 |
| (ii) Recovery of expenses. In the case of an | 21 |
| improper concealment
or removal of a minor child, the | 22 |
| court may order respondent to pay the reasonable
| 23 |
| expenses incurred or to be incurred in the search for | 24 |
| and recovery of the
minor child, including but not | 25 |
| limited to legal fees, court costs, private
| 26 |
| investigator fees, and travel costs.
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| (14) Prohibition of entry. Prohibit the respondent | 2 |
| from entering or
remaining in the residence or household | 3 |
| while the respondent is under the
influence of alcohol or | 4 |
| drugs and constitutes a threat to the safety and
well-being | 5 |
| of the petitioner or the petitioner's children.
| 6 |
| (14.5) Prohibition of firearm possession. | 7 |
| (a) When a complaint is made
under a request for an | 8 |
| order of protection, that the respondent has | 9 |
| threatened
or is likely to use firearms illegally | 10 |
| against the petitioner, and the
respondent is present | 11 |
| in court, or has failed to appear after receiving | 12 |
| actual
notice, the court shall examine on oath the | 13 |
| petitioner, and any witnesses who
may be produced. If | 14 |
| the court is satisfied that there is any danger of the
| 15 |
| illegal use of firearms, it shall include in the order | 16 |
| of protection the
requirement that any firearms in the
| 17 |
| possession of the respondent, except as provided in | 18 |
| subsection (b), be turned
over to the local law | 19 |
| enforcement agency
for safekeeping. If the respondent | 20 |
| fails to appear, or refuses or fails to
surrender his | 21 |
| or her firearms, the court shall
issue a warrant for | 22 |
| seizure of any firearm in the possession of the | 23 |
| respondent.
The period of safekeeping shall be for a | 24 |
| stated period of time not to exceed 2
years. The | 25 |
| firearm or firearms shall be returned to the respondent | 26 |
| at the end
of the stated period or at expiration of the |
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| order of protection, whichever is
sooner.
| 2 |
| (b) If the respondent is a peace officer as defined | 3 |
| in Section 2-13 of the
Criminal Code of 1961, the court | 4 |
| shall order that any firearms used by the
respondent in | 5 |
| the performance of his or her duties as a peace officer | 6 |
| be
surrendered to the chief law enforcement executive | 7 |
| of the agency in which the
respondent is employed, who | 8 |
| shall retain the firearms for safekeeping for the
| 9 |
| stated period not to exceed 2 years as set forth in the | 10 |
| court order.
| 11 |
| (15) Prohibition of access to records. If an order of | 12 |
| protection
prohibits respondent from having contact with | 13 |
| the minor child,
or if petitioner's address is omitted | 14 |
| under subsection (b) of
Section 112A-5, or if necessary to | 15 |
| prevent abuse or wrongful removal or
concealment of a minor | 16 |
| child, the order shall deny respondent access to, and
| 17 |
| prohibit respondent from inspecting, obtaining, or | 18 |
| attempting to
inspect or obtain, school or any other | 19 |
| records of the minor child
who is in the care of | 20 |
| petitioner.
| 21 |
| (16) Order for payment of shelter services. Order | 22 |
| respondent to
reimburse a shelter providing temporary | 23 |
| housing and counseling services to
the petitioner for the | 24 |
| cost of the services, as certified by the shelter
and | 25 |
| deemed reasonable by the court.
| 26 |
| (17) Order for injunctive relief. Enter injunctive |
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| relief necessary
or appropriate to prevent further abuse of | 2 |
| a family or household member or
to effectuate one of the | 3 |
| granted remedies, if supported by the balance of
hardships. | 4 |
| If the harm to be prevented by the injunction is abuse or | 5 |
| any
other harm that one of the remedies listed in | 6 |
| paragraphs (1) through (16)
of this subsection is designed | 7 |
| to prevent, no further evidence is necessary
to establish | 8 |
| that the harm is an irreparable injury.
| 9 |
| (18) Order for attendance at partner abuse | 10 |
| intervention programs. Order the respondent to attend and | 11 |
| complete partner abuse intervention programs per protocols | 12 |
| set by the Illinois Department of Human Services under such | 13 |
| terms and conditions as the court may direct. | 14 |
| (c) Relevant factors; findings.
| 15 |
| (1) In determining whether to grant a
specific remedy, | 16 |
| other than payment of support, the
court shall consider | 17 |
| relevant factors, including but not limited to the
| 18 |
| following:
| 19 |
| (i) the nature, frequency, severity, pattern and | 20 |
| consequences of the
respondent's past abuse of the | 21 |
| petitioner or any family or household
member, | 22 |
| including the concealment of his or her location in | 23 |
| order to evade
service of process or notice, and the | 24 |
| likelihood of danger of future abuse to
petitioner or
| 25 |
| any member of petitioner's or respondent's family or | 26 |
| household; and
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
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| (ii) the danger that any minor child will be abused | 2 |
| or neglected or
improperly removed from the | 3 |
| jurisdiction, improperly concealed within the
State or | 4 |
| improperly separated from the child's primary | 5 |
| caretaker.
| 6 |
| (2) In comparing relative hardships resulting to the | 7 |
| parties from loss
of possession of the family home, the | 8 |
| court shall consider relevant
factors, including but not | 9 |
| limited to the following:
| 10 |
| (i) availability, accessibility, cost, safety, | 11 |
| adequacy, location and other
characteristics of | 12 |
| alternate housing for each party and any minor child or
| 13 |
| dependent adult in the party's care;
| 14 |
| (ii) the effect on the party's employment; and
| 15 |
| (iii) the effect on the relationship of the party, | 16 |
| and any minor
child or dependent adult in the party's | 17 |
| care, to family, school, church
and community.
| 18 |
| (3) Subject to the exceptions set forth in paragraph | 19 |
| (4) of this
subsection, the court shall make its findings | 20 |
| in an official record or in
writing, and shall at a minimum | 21 |
| set forth the following:
| 22 |
| (i) That the court has considered the applicable | 23 |
| relevant factors
described in paragraphs (1) and (2) of | 24 |
| this subsection.
| 25 |
| (ii) Whether the conduct or actions of respondent, | 26 |
| unless
prohibited, will likely cause irreparable harm |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| 1 |
| or continued abuse.
| 2 |
| (iii) Whether it is necessary to grant the | 3 |
| requested relief in order
to protect petitioner or | 4 |
| other alleged abused persons.
| 5 |
| (4) For purposes of issuing an ex parte emergency order | 6 |
| of protection,
the court, as an alternative to or as a | 7 |
| supplement to making the findings
described in paragraphs | 8 |
| (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| 9 |
| the following procedure:
| 10 |
| When a verified petition for an emergency order of | 11 |
| protection in
accordance with the requirements of Sections | 12 |
| 112A-5 and 112A-17 is
presented to the court, the court | 13 |
| shall examine petitioner on oath or
affirmation. An | 14 |
| emergency order of protection shall be issued by the court
| 15 |
| if it appears from the contents of the petition and the | 16 |
| examination of
petitioner that the averments are | 17 |
| sufficient to indicate abuse by
respondent and to support | 18 |
| the granting of relief under the issuance of the
emergency | 19 |
| order of protection.
| 20 |
| (5) Never married parties. No rights or | 21 |
| responsibilities for a minor
child born outside of marriage | 22 |
| attach to a putative father until a father and
child | 23 |
| relationship has been established under the Illinois | 24 |
| Parentage Act of
1984. Absent such an adjudication, no | 25 |
| putative father shall be granted
temporary custody of the | 26 |
| minor child, visitation with the minor child, or
physical |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| care
and possession of the minor child, nor shall
an order | 2 |
| of payment for support of the minor child be entered.
| 3 |
| (d) Balance of hardships; findings. If the court finds that | 4 |
| the balance
of hardships does not support the granting of a | 5 |
| remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| 6 |
| subsection (b) of this Section,
which may require such | 7 |
| balancing, the court's findings shall so
indicate and shall | 8 |
| include a finding as to whether granting the remedy will
result | 9 |
| in hardship to respondent that would substantially outweigh the | 10 |
| hardship
to petitioner
from denial of the remedy. The findings | 11 |
| shall be an official record or in
writing.
| 12 |
| (e) Denial of remedies. Denial of any remedy shall not be | 13 |
| based, in
whole or in part, on evidence that:
| 14 |
| (1) Respondent has cause for any use of force, unless | 15 |
| that cause
satisfies the standards for justifiable use of | 16 |
| force provided by Article
VII of the Criminal Code of 1961;
| 17 |
| (2) Respondent was voluntarily intoxicated;
| 18 |
| (3) Petitioner acted in self-defense or defense of | 19 |
| another, provided
that, if petitioner utilized force, such | 20 |
| force was justifiable under
Article VII of the Criminal | 21 |
| Code of 1961;
| 22 |
| (4) Petitioner did not act in self-defense or defense | 23 |
| of another;
| 24 |
| (5) Petitioner left the residence or household to avoid | 25 |
| further abuse
by respondent;
| 26 |
| (6) Petitioner did not leave the residence or household |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| to avoid further
abuse by respondent;
| 2 |
| (7) Conduct by any family or household member excused | 3 |
| the abuse by
respondent, unless that same conduct would | 4 |
| have excused such abuse if the
parties had not been family | 5 |
| or household members.
| 6 |
| (Source: P.A. 95-234, eff. 1-1-08.)
| 7 |
| Section 25. The Unified Code of Corrections is amended by | 8 |
| changing Sections 3-3-7, 3-6-3, and 5-6-3 and by adding | 9 |
| Sections 5-8A-7 and 5-9-1.16 as follows: | 10 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | 11 |
| (Text of Section after amendment by P.A. 95-464, 95-579, | 12 |
| and 95-640 ) | 13 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | 14 |
| Release.
| 15 |
| (a) The conditions of parole or mandatory
supervised | 16 |
| release shall be such as the Prisoner Review
Board deems | 17 |
| necessary to assist the subject in leading a
law-abiding life. | 18 |
| The conditions of every parole and mandatory
supervised release | 19 |
| are that the subject:
| 20 |
| (1) not violate any criminal statute of any | 21 |
| jurisdiction
during the parole or release term;
| 22 |
| (2) refrain from possessing a firearm or other | 23 |
| dangerous
weapon;
| 24 |
| (3) report to an agent of the Department of |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| Corrections;
| 2 |
| (4) permit the agent to visit him or her at his or her | 3 |
| home, employment,
or
elsewhere to the
extent necessary for | 4 |
| the agent to discharge his or her duties;
| 5 |
| (5) attend or reside in a facility established for the | 6 |
| instruction or
residence
of persons on
parole or mandatory | 7 |
| supervised release;
| 8 |
| (6) secure permission before visiting or writing a | 9 |
| committed person in an
Illinois Department
of Corrections | 10 |
| facility;
| 11 |
| (7) report all arrests to an agent of the Department of | 12 |
| Corrections as
soon as
permitted by the
arresting authority | 13 |
| but in no event later than 24 hours after release from
| 14 |
| custody;
| 15 |
| (7.5) if convicted of a sex offense as defined in the | 16 |
| Sex Offender
Management Board Act, the individual shall | 17 |
| undergo and successfully complete
sex offender treatment | 18 |
| conducted in conformance with the standards developed by
| 19 |
| the Sex
Offender Management Board Act by a treatment | 20 |
| provider approved by the Board;
| 21 |
| (7.6) if convicted of a sex offense as defined in the | 22 |
| Sex Offender
Management Board Act, refrain from residing at | 23 |
| the same address or in the same condominium unit or | 24 |
| apartment unit or in the same condominium complex or | 25 |
| apartment complex with another person he or she knows or | 26 |
| reasonably should know is a convicted sex offender or has |
|
|
|
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LRB095 06600 RLC 49228 a |
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| 1 |
| been placed on supervision for a sex offense; the | 2 |
| provisions of this paragraph do not apply to a person | 3 |
| convicted of a sex offense who is placed in a Department of | 4 |
| Corrections licensed transitional housing facility for sex | 5 |
| offenders, or is in any facility operated or licensed by | 6 |
| the Department of Children and Family Services or by the | 7 |
| Department of Human Services, or is in any licensed medical | 8 |
| facility;
| 9 |
| (7.7) if convicted for an offense that would qualify | 10 |
| the accused as a sexual predator under the Sex Offender | 11 |
| Registration Act on or after the effective date of this | 12 |
| amendatory Act of the 94th General Assembly, wear an | 13 |
| approved electronic monitoring device as defined in | 14 |
| Section 5-8A-2 for the duration of the person's parole, | 15 |
| mandatory supervised release term, or extended mandatory | 16 |
| supervised release term;
| 17 |
| (7.8) if convicted for an offense committed on or after | 18 |
| the effective date of this amendatory Act of the 95th | 19 |
| General Assembly that would qualify the accused as a child | 20 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 21 |
| Criminal Code of 1961, refrain from communicating with or | 22 |
| contacting, by means of the Internet, a person who is not | 23 |
| related to the accused and whom the accused reasonably | 24 |
| believes to be under 18 years of age; for purposes of this | 25 |
| paragraph (7.8), "Internet" has the meaning ascribed to it | 26 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by |
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
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| 1 |
| Public Act 94-179 ; and a person is not related to the | 2 |
| accused if the person is not: (i) the spouse, brother, or | 3 |
| sister of the accused; (ii) a descendant of the accused; | 4 |
| (iii) a first or second cousin of the accused; or (iv) a | 5 |
| step-child or adopted child of the accused;
| 6 |
| (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | 7 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | 8 |
| search of computers, PDAs, cellular phones, and other | 9 |
| devices under his or her control that are capable of | 10 |
| accessing the Internet or storing electronic files, in | 11 |
| order to confirm Internet protocol addresses reported in | 12 |
| accordance with the Sex Offender Registration Act and | 13 |
| compliance with conditions in this Act;
| 14 |
| (7.10)
(7.8) if convicted for an offense that would | 15 |
| qualify the accused as a sex offender or sexual predator | 16 |
| under the Sex Offender Registration Act on or after the | 17 |
| effective date of this amendatory Act of the 95th General | 18 |
| Assembly, not possess prescription drugs for erectile | 19 |
| dysfunction;
| 20 |
| (8) obtain permission of an agent of the Department of | 21 |
| Corrections before
leaving the
State of Illinois;
| 22 |
| (9) obtain permission of an agent of the Department of | 23 |
| Corrections before
changing
his or her residence or | 24 |
| employment;
| 25 |
| (10) consent to a search of his or her person, | 26 |
| property, or residence
under his or her
control;
|
|
|
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09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| (11) refrain from the use or possession of narcotics or | 2 |
| other controlled
substances in
any form, or both, or any | 3 |
| paraphernalia related to those substances and submit
to a
| 4 |
| urinalysis test as instructed by a parole agent of the | 5 |
| Department of
Corrections;
| 6 |
| (12) not frequent places where controlled substances | 7 |
| are illegally sold,
used,
distributed, or administered;
| 8 |
| (13) not knowingly associate with other persons on | 9 |
| parole or mandatory
supervised
release without prior | 10 |
| written permission of his or her parole agent and not
| 11 |
| associate with
persons who are members of an organized gang | 12 |
| as that term is defined in the
Illinois
Streetgang | 13 |
| Terrorism Omnibus Prevention Act;
| 14 |
| (14) provide true and accurate information, as it | 15 |
| relates to his or her
adjustment in the
community while on | 16 |
| parole or mandatory supervised release or to his or her
| 17 |
| conduct
while incarcerated, in response to inquiries by his | 18 |
| or her parole agent or of
the
Department of Corrections;
| 19 |
| (15) follow any specific instructions provided by the | 20 |
| parole agent that
are consistent
with furthering | 21 |
| conditions set and approved by the Prisoner Review Board or | 22 |
| by
law,
exclusive of placement on electronic detention, to | 23 |
| achieve the goals and
objectives of his
or her parole or | 24 |
| mandatory supervised release or to protect the public. | 25 |
| These
instructions by the parole agent may be modified at | 26 |
| any time, as the agent
deems
appropriate; and
|
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| (16) if convicted of a sex offense as defined in | 2 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 3 |
| offender is a parent or guardian of the person under 18 | 4 |
| years of age present in the home and no non-familial minors | 5 |
| are present, not participate in a holiday event involving | 6 |
| children under 18 years of age, such as distributing candy | 7 |
| or other items to children on Halloween, wearing a Santa | 8 |
| Claus costume on or preceding Christmas, being employed as | 9 |
| a department store Santa Claus, or wearing an Easter Bunny | 10 |
| costume on or preceding Easter ; and . | 11 |
| (17) if convicted of a violation of an order of | 12 |
| protection under Section 12-30 of the Criminal Code of | 13 |
| 1961, be placed under electronic surveillance as provided | 14 |
| in Section 5-8A-7 of this Code. | 15 |
| (b) The Board may in addition to other conditions
require | 16 |
| that the subject:
| 17 |
| (1) work or pursue a course of study or vocational | 18 |
| training;
| 19 |
| (2) undergo medical or psychiatric treatment, or | 20 |
| treatment
for drug addiction or alcoholism;
| 21 |
| (3) attend or reside in a facility established for the
| 22 |
| instruction or residence of persons on probation or parole;
| 23 |
| (4) support his dependents;
| 24 |
| (5) (blank);
| 25 |
| (6) (blank);
| 26 |
| (7) comply with the terms and conditions of an order of |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| protection
issued pursuant to the Illinois Domestic | 2 |
| Violence Act of 1986, enacted by the
84th General Assembly, | 3 |
| or an order of protection issued by the court of another
| 4 |
| state, tribe, or United States territory;
| 5 |
| (7.5) if convicted for an offense committed on or after | 6 |
| the effective date of this amendatory Act of the 95th | 7 |
| General Assembly that would qualify the accused as a child | 8 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 9 |
| Criminal Code of 1961, refrain from communicating with or | 10 |
| contacting, by means of the Internet, a person who is | 11 |
| related to the accused and whom the accused reasonably | 12 |
| believes to be under 18 years of age; for purposes of this | 13 |
| paragraph (7.5), "Internet" has the meaning ascribed to it | 14 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by | 15 |
| Public Act 94-179 ; and a person is related to the accused | 16 |
| if the person is: (i) the spouse, brother, or sister of the | 17 |
| accused; (ii) a descendant of the accused; (iii) a first or | 18 |
| second cousin of the accused; or (iv) a step-child or | 19 |
| adopted child of the accused; and
| 20 |
| (8) in addition, if a minor:
| 21 |
| (i) reside with his parents or in a foster home;
| 22 |
| (ii) attend school;
| 23 |
| (iii) attend a non-residential program for youth; | 24 |
| or
| 25 |
| (iv) contribute to his own support at home or in a | 26 |
| foster
home.
|
|
|
|
09500HB3038ham001 |
- 36 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| (b-1) In addition to the conditions set forth in | 2 |
| subsections (a) and (b), persons required to register as sex | 3 |
| offenders pursuant to the Sex Offender Registration Act, upon | 4 |
| release from the custody of the Illinois Department of | 5 |
| Corrections, may be required by the Board to comply with the | 6 |
| following specific conditions of release: | 7 |
| (1) reside only at a Department approved location; | 8 |
| (2) comply with all requirements of the Sex Offender | 9 |
| Registration Act;
| 10 |
| (3) notify
third parties of the risks that may be | 11 |
| occasioned by his or her criminal record; | 12 |
| (4) obtain the approval of an agent of the Department | 13 |
| of Corrections prior to accepting employment or pursuing a | 14 |
| course of study or vocational training and notify the | 15 |
| Department prior to any change in employment, study, or | 16 |
| training; | 17 |
| (5) not be employed or participate in any
volunteer | 18 |
| activity that involves contact with children, except under | 19 |
| circumstances approved in advance and in writing by an | 20 |
| agent of the Department of Corrections; | 21 |
| (6) be electronically monitored for a minimum of 12 | 22 |
| months from the date of release as determined by the Board;
| 23 |
| (7) refrain from entering into a designated
geographic | 24 |
| area except upon terms approved in advance by an agent of | 25 |
| the Department of Corrections. The terms may include | 26 |
| consideration of the purpose of the entry, the time of day, |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| and others accompanying the person; | 2 |
| (8) refrain from having any contact, including
written | 3 |
| or oral communications, directly or indirectly, personally | 4 |
| or by telephone, letter, or through a third party with | 5 |
| certain specified persons including, but not limited to, | 6 |
| the victim or the victim's family without the prior written | 7 |
| approval of an agent of the Department of Corrections; | 8 |
| (9) refrain from all contact, directly or
indirectly, | 9 |
| personally, by telephone, letter, or through a third party, | 10 |
| with minor children without prior identification and | 11 |
| approval of an agent of the Department of Corrections; | 12 |
| (10) neither possess or have under his or her
control | 13 |
| any material that is sexually oriented, sexually | 14 |
| stimulating, or that shows male or female sex organs or any | 15 |
| pictures depicting children under 18 years of age nude or | 16 |
| any written or audio material describing sexual | 17 |
| intercourse or that depicts or alludes to sexual activity, | 18 |
| including but not limited to visual, auditory, telephonic, | 19 |
| or electronic media, or any matter obtained through access | 20 |
| to any computer or material linked to computer access use; | 21 |
| (11) not patronize any business providing
sexually | 22 |
| stimulating or sexually oriented entertainment nor utilize | 23 |
| "900" or adult telephone numbers; | 24 |
| (12) not reside near, visit, or be in or about
parks, | 25 |
| schools, day care centers, swimming pools, beaches, | 26 |
| theaters, or any other places where minor children |
|
|
|
09500HB3038ham001 |
- 38 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| congregate without advance approval of an agent of the | 2 |
| Department of Corrections and immediately report any | 3 |
| incidental contact with minor children to the Department; | 4 |
| (13) not possess or have under his or her control
| 5 |
| certain specified items of contraband related to the | 6 |
| incidence of sexually offending as determined by an agent | 7 |
| of the Department of Corrections; | 8 |
| (14) may be required to provide a written daily log of | 9 |
| activities
if directed by an agent of the Department of | 10 |
| Corrections; | 11 |
| (15) comply with all other special conditions
that the | 12 |
| Department may impose that restrict the person from | 13 |
| high-risk situations and limit access to potential | 14 |
| victims; | 15 |
| (16) take an annual polygraph exam; | 16 |
| (17) maintain a log of his or her travel; or | 17 |
| (18) obtain prior approval of his or her parole officer | 18 |
| before driving alone in a motor vehicle.
| 19 |
| (c) The conditions under which the parole or mandatory
| 20 |
| supervised release is to be served shall be communicated to
the | 21 |
| person in writing prior to his release, and he shall
sign the | 22 |
| same before release. A signed copy of these conditions,
| 23 |
| including a copy of an order of protection where one had been | 24 |
| issued by the
criminal court, shall be retained by the person | 25 |
| and another copy forwarded to
the officer in charge of his | 26 |
| supervision.
|
|
|
|
09500HB3038ham001 |
- 39 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| (d) After a hearing under Section 3-3-9, the Prisoner
| 2 |
| Review Board may modify or enlarge the conditions of parole
or | 3 |
| mandatory supervised release.
| 4 |
| (e) The Department shall inform all offenders committed to
| 5 |
| the Department of the optional services available to them
upon | 6 |
| release and shall assist inmates in availing themselves
of such | 7 |
| optional services upon their release on a voluntary
basis. | 8 |
| (f) When the subject is in compliance with all conditions | 9 |
| of his or her parole or mandatory supervised release, the | 10 |
| subject shall receive a reduction of the period of his or her | 11 |
| parole or mandatory supervised release of 90 days upon passage | 12 |
| of the high school level Test of General Educational | 13 |
| Development during the period of his or her parole or mandatory | 14 |
| supervised release. This reduction in the period of a subject's | 15 |
| term of parole or mandatory supervised release shall be | 16 |
| available only to subjects who have not previously earned a | 17 |
| high school diploma or who have not previously passed the high | 18 |
| school level Test of General Educational Development.
| 19 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 20 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | 21 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
| 22 |
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 23 |
| (Text of Section after amendment by P.A. 95-585, 95-625, | 24 |
| and 95-640 ) | 25 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
|
|
|
|
09500HB3038ham001 |
- 40 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| (a) (1) The Department of Corrections shall prescribe | 2 |
| rules
and regulations for the early release on account of | 3 |
| good
conduct of persons committed to the Department which | 4 |
| shall
be subject to review by the Prisoner Review Board.
| 5 |
| (2) The rules and regulations on early release shall | 6 |
| provide, with
respect to offenses listed in clause (i), | 7 |
| (ii), or (iii) of this paragraph (2) committed on or after | 8 |
| June 19, 1998 or with respect to the offense listed in | 9 |
| clause (iv) of this paragraph (2) committed on or after | 10 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 11 |
| with
respect to offense listed in clause (vi)
(v) committed | 12 |
| on or after June 1, 2008 ( the effective date of Public Act | 13 |
| 95-625)
this amendatory Act of the 95th General Assembly or | 14 |
| with respect to the offense of being an armed habitual | 15 |
| criminal committed on or after August 2, 2005 (the | 16 |
| effective date of Public Act 94-398) or with respect to the | 17 |
| offenses listed in clause (v) of this paragraph (2) | 18 |
| committed on or after August 13, 2007 ( the effective date | 19 |
| of Public Act 95-134)
this amendatory Act of the 95th | 20 |
| General Assembly , the following:
| 21 |
| (i) that a prisoner who is serving a term of | 22 |
| imprisonment for first
degree murder or for the offense | 23 |
| of terrorism shall receive no good conduct
credit and | 24 |
| shall serve the entire
sentence imposed by the court;
| 25 |
| (ii) that a prisoner serving a sentence for attempt | 26 |
| to commit first
degree murder, solicitation of murder, |
|
|
|
09500HB3038ham001 |
- 41 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| solicitation of murder for hire,
intentional homicide | 2 |
| of an unborn child, predatory criminal sexual assault | 3 |
| of a
child, aggravated criminal sexual assault, | 4 |
| criminal sexual assault, aggravated
kidnapping, | 5 |
| aggravated battery with a firearm, heinous battery, | 6 |
| being an armed habitual criminal, aggravated
battery | 7 |
| of a senior citizen, or aggravated battery of a child | 8 |
| shall receive no
more than 4.5 days of good conduct | 9 |
| credit for each month of his or her sentence
of | 10 |
| imprisonment;
| 11 |
| (iii) that a prisoner serving a sentence
for home | 12 |
| invasion, armed robbery, aggravated vehicular | 13 |
| hijacking,
aggravated discharge of a firearm, or armed | 14 |
| violence with a category I weapon
or category II | 15 |
| weapon, when the court
has made and entered a finding, | 16 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 17 |
| Code, that the conduct leading to conviction for the | 18 |
| enumerated offense
resulted in great bodily harm to a | 19 |
| victim, shall receive no more than 4.5 days
of good | 20 |
| conduct credit for each month of his or her sentence of | 21 |
| imprisonment;
| 22 |
| (iv) that a prisoner serving a sentence for | 23 |
| aggravated discharge of a firearm, whether or not the | 24 |
| conduct leading to conviction for the offense resulted | 25 |
| in great bodily harm to the victim, shall receive no | 26 |
| more than 4.5 days of good conduct credit for each |
|
|
|
09500HB3038ham001 |
- 42 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| month of his or her sentence of imprisonment; and
| 2 |
| (v) that a person serving a sentence for | 3 |
| gunrunning, narcotics racketeering, controlled | 4 |
| substance trafficking, methamphetamine trafficking, | 5 |
| drug-induced homicide, aggravated | 6 |
| methamphetamine-related child endangerment, money | 7 |
| laundering pursuant to clause (c) (4) or (5) of Section | 8 |
| 29B-1 of the Criminal Code of 1961, or a Class X felony | 9 |
| conviction for delivery of a controlled substance, | 10 |
| possession of a controlled substance with intent to | 11 |
| manufacture or deliver, calculated criminal drug | 12 |
| conspiracy, criminal drug conspiracy, street gang | 13 |
| criminal drug conspiracy, participation in | 14 |
| methamphetamine manufacturing, aggravated | 15 |
| participation in methamphetamine manufacturing, | 16 |
| delivery of methamphetamine, possession with intent to | 17 |
| deliver methamphetamine, aggravated delivery of | 18 |
| methamphetamine, aggravated possession with intent to | 19 |
| deliver methamphetamine, methamphetamine conspiracy | 20 |
| when the substance containing the controlled substance | 21 |
| or methamphetamine is 100 grams or more shall receive | 22 |
| no more than 7.5 days good conduct credit for each | 23 |
| month of his or her sentence of imprisonment ; and .
| 24 |
| (vi)
(v) that a prisoner serving a sentence for a | 25 |
| second or subsequent offense of luring a minor shall | 26 |
| receive no more than 4.5 days of good conduct credit |
|
|
|
09500HB3038ham001 |
- 43 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| for each month of his or her sentence of imprisonment.
| 2 |
| (2.1) For all offenses, other than those enumerated in | 3 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 4 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 5 |
| after June 23, 2005 (the effective date of Public Act | 6 |
| 94-71) or subdivision (a)(2)(v) committed on or after | 7 |
| August 13, 2007 ( the effective date of Public Act 95-134)
| 8 |
| this amendatory Act of the 95th General Assembly or | 9 |
| subdivision (a)(2) (vi) (v) committed on or after June 1, | 10 |
| 2008 ( the effective date of Public Act 95-625)
this | 11 |
| amendatory Act of the 95th General Assembly , and other than | 12 |
| the offense of reckless
homicide as defined in subsection | 13 |
| (e) of Section 9-3 of the Criminal Code of
1961 committed | 14 |
| on or after January 1, 1999,
or aggravated driving under | 15 |
| the influence of alcohol, other drug or drugs, or
| 16 |
| intoxicating compound or compounds, or any combination | 17 |
| thereof as defined in
subparagraph (F) of paragraph (1) of | 18 |
| subsection (d) of Section 11-501 of the
Illinois Vehicle | 19 |
| Code,
the rules and regulations shall
provide that a | 20 |
| prisoner who is serving a term of
imprisonment shall | 21 |
| receive one day of good conduct credit for each day of
his | 22 |
| or her sentence of imprisonment or recommitment under | 23 |
| Section 3-3-9.
Each day of good conduct credit shall reduce | 24 |
| by one day the prisoner's period
of imprisonment or | 25 |
| recommitment under Section 3-3-9.
| 26 |
| (2.2) A prisoner serving a term of natural life |
|
|
|
09500HB3038ham001 |
- 44 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| imprisonment or a
prisoner who has been sentenced to death | 2 |
| shall receive no good conduct
credit.
| 3 |
| (2.3) The rules and regulations on early release shall | 4 |
| provide that
a prisoner who is serving a sentence for | 5 |
| reckless homicide as defined in
subsection (e) of Section | 6 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 7 |
| January 1, 1999, or aggravated driving under the influence | 8 |
| of alcohol,
other drug or drugs, or intoxicating compound | 9 |
| or compounds, or any combination
thereof as defined in | 10 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 11 |
| Section 11-501 of the Illinois Vehicle Code, shall receive | 12 |
| no more than 4.5
days of good conduct credit for each month | 13 |
| of his or her sentence of
imprisonment.
| 14 |
| (2.4) The rules and regulations on early release shall | 15 |
| provide with
respect to the offenses of aggravated battery | 16 |
| with a machine gun or a firearm
equipped with any device or | 17 |
| attachment designed or used for silencing the
report of a | 18 |
| firearm or aggravated discharge of a machine gun or a | 19 |
| firearm
equipped with any device or attachment designed or | 20 |
| used for silencing the
report of a firearm, committed on or | 21 |
| after
July 15, 1999 (the effective date of Public Act | 22 |
| 91-121),
that a prisoner serving a sentence for any of | 23 |
| these offenses shall receive no
more than 4.5 days of good | 24 |
| conduct credit for each month of his or her sentence
of | 25 |
| imprisonment.
| 26 |
| (2.5) The rules and regulations on early release shall |
|
|
|
09500HB3038ham001 |
- 45 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| provide that a
prisoner who is serving a sentence for | 2 |
| aggravated arson committed on or after
July 27, 2001 (the | 3 |
| effective date of Public Act 92-176) shall receive no more | 4 |
| than
4.5 days of good conduct credit for each month of his | 5 |
| or her sentence of
imprisonment.
| 6 |
| (3) The rules and regulations shall also provide that
| 7 |
| the Director may award up to 180 days additional good | 8 |
| conduct
credit for meritorious service in specific | 9 |
| instances as the
Director deems proper; except that no more | 10 |
| than 90 days
of good conduct credit for meritorious service
| 11 |
| shall be awarded to any prisoner who is serving a sentence | 12 |
| for
conviction of first degree murder, reckless homicide | 13 |
| while under the
influence of alcohol or any other drug,
or | 14 |
| aggravated driving under the influence of alcohol, other | 15 |
| drug or drugs, or
intoxicating compound or compounds, or | 16 |
| any combination thereof as defined in
subparagraph (F) of | 17 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 18 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 19 |
| predatory criminal sexual assault of a child,
aggravated | 20 |
| criminal sexual assault, criminal sexual assault, deviate | 21 |
| sexual
assault, aggravated criminal sexual abuse, | 22 |
| aggravated indecent liberties
with a child, indecent | 23 |
| liberties with a child, child pornography, heinous
| 24 |
| battery, aggravated battery of a spouse, aggravated | 25 |
| battery of a spouse
with a firearm, stalking, aggravated | 26 |
| stalking, aggravated battery of a child,
endangering the |
|
|
|
09500HB3038ham001 |
- 46 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| life or health of a child, or cruelty to a child. | 2 |
| Notwithstanding the foregoing, good conduct credit for
| 3 |
| meritorious service shall not be awarded on a
sentence of | 4 |
| imprisonment imposed for conviction of: (i) one of the | 5 |
| offenses
enumerated in subdivision (a)(2)(i), (ii), or | 6 |
| (iii) when the offense is committed on or after
June 19, | 7 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 8 |
| committed on or after June 23, 2005 (the effective date of | 9 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 10 |
| is committed on or after August 13, 2007 ( the effective | 11 |
| date of Public Act 95-134)
this amendatory Act of the 95th | 12 |
| General Assembly or subdivision (a)(2) (vi) (v) when the | 13 |
| offense is committed on or after June 1, 2008 ( the | 14 |
| effective date of Public Act 95-625)
this amendatory Act of | 15 |
| the 95th General Assembly , (ii) reckless homicide as
| 16 |
| defined in subsection (e) of Section 9-3 of the Criminal | 17 |
| Code of 1961 when
the offense is committed on or after | 18 |
| January 1, 1999,
or aggravated driving under the influence | 19 |
| of alcohol, other drug or drugs, or
intoxicating compound | 20 |
| or compounds, or any combination thereof as defined in
| 21 |
| subparagraph (F) of paragraph (1) of subsection (d) of | 22 |
| Section 11-501 of the
Illinois Vehicle Code, (iii) one of | 23 |
| the offenses enumerated in subdivision
(a)(2.4) when the | 24 |
| offense is committed on or after
July 15, 1999 (the | 25 |
| effective date of Public Act 91-121),
or (iv) aggravated | 26 |
| arson when the offense is committed
on or after July 27, |
|
|
|
09500HB3038ham001 |
- 47 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| 2001 (the effective date of Public Act 92-176).
| 2 |
| (4) The rules and regulations shall also provide that | 3 |
| the good conduct
credit accumulated and retained under | 4 |
| paragraph (2.1) of subsection (a) of
this Section by any | 5 |
| inmate during specific periods of time in which such
inmate | 6 |
| is engaged full-time in substance abuse programs, | 7 |
| correctional
industry assignments, or educational programs | 8 |
| provided by the Department
under this paragraph (4) and | 9 |
| satisfactorily completes the assigned program as
| 10 |
| determined by the standards of the Department, shall be | 11 |
| multiplied by a factor
of 1.25 for program participation | 12 |
| before August 11, 1993
and 1.50 for program participation | 13 |
| on or after that date.
However, no inmate shall be eligible | 14 |
| for the additional good conduct credit
under this paragraph | 15 |
| (4) or (4.1) of this subsection (a) while assigned to a | 16 |
| boot camp
or electronic detention, or if convicted of an | 17 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 18 |
| (iii) of this Section that is committed on or after June | 19 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 20 |
| committed on or after June 23, 2005 (the effective date of | 21 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 22 |
| that is committed on or after August 13, 2007 ( the | 23 |
| effective date of Public Act 95-134)
this amendatory Act of | 24 |
| the 95th General Assembly or subdivision (a)(2) (vi) (v) | 25 |
| when the offense is committed on or after June 1, 2008 ( the | 26 |
| effective date of Public Act 95-625)
this amendatory Act of |
|
|
|
09500HB3038ham001 |
- 48 - |
LRB095 06600 RLC 49228 a |
|
| 1 |
| the 95th General Assembly , or if convicted of reckless | 2 |
| homicide as defined in subsection (e) of
Section 9-3 of the | 3 |
| Criminal Code of 1961 if the offense is committed on or
| 4 |
| after January 1, 1999,
or aggravated driving under the | 5 |
| influence of alcohol, other drug or drugs, or
intoxicating | 6 |
| compound or compounds, or any combination thereof as | 7 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 8 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, or if | 9 |
| convicted of an offense enumerated in paragraph
(a)(2.4) of | 10 |
| this Section that is committed on or after
July 15, 1999 | 11 |
| (the effective date of Public Act 91-121),
or first degree | 12 |
| murder, a Class X felony, criminal sexual
assault, felony | 13 |
| criminal sexual abuse, aggravated criminal sexual abuse,
| 14 |
| aggravated battery with a firearm, or any predecessor or | 15 |
| successor offenses
with the same or substantially the same | 16 |
| elements, or any inchoate offenses
relating to the | 17 |
| foregoing offenses. No inmate shall be eligible for the
| 18 |
| additional good conduct credit under this paragraph (4) who | 19 |
| (i) has previously
received increased good conduct credit | 20 |
| under this paragraph (4) and has
subsequently been | 21 |
| convicted of a
felony, or (ii) has previously served more | 22 |
| than one prior sentence of
imprisonment for a felony in an | 23 |
| adult correctional facility.
| 24 |
| Educational, vocational, substance abuse and | 25 |
| correctional
industry programs under which good conduct | 26 |
| credit may be increased under
this paragraph (4) and |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 2 |
| by the Department on the basis of
documented standards. The | 3 |
| Department shall report the results of these
evaluations to | 4 |
| the Governor and the General Assembly by September 30th of | 5 |
| each
year. The reports shall include data relating to the | 6 |
| recidivism rate among
program participants.
| 7 |
| Availability of these programs shall be subject to the
| 8 |
| limits of fiscal resources appropriated by the General | 9 |
| Assembly for these
purposes. Eligible inmates who are | 10 |
| denied immediate admission shall be
placed on a waiting | 11 |
| list under criteria established by the Department.
The | 12 |
| inability of any inmate to become engaged in any such | 13 |
| programs
by reason of insufficient program resources or for | 14 |
| any other reason
established under the rules and | 15 |
| regulations of the Department shall not be
deemed a cause | 16 |
| of action under which the Department or any employee or
| 17 |
| agent of the Department shall be liable for damages to the | 18 |
| inmate.
| 19 |
| (4.1) The rules and regulations shall also provide that | 20 |
| an additional 60 days of good conduct credit shall be | 21 |
| awarded to any prisoner who passes the high school level | 22 |
| Test of General Educational Development (GED) while the | 23 |
| prisoner is incarcerated. The good conduct credit awarded | 24 |
| under this paragraph (4.1) shall be in addition to, and | 25 |
| shall not affect, the award of good conduct under any other | 26 |
| paragraph of this Section, but shall also be pursuant to |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| the guidelines and restrictions set forth in paragraph (4) | 2 |
| of subsection (a) of this Section.
The good conduct credit | 3 |
| provided for in this paragraph shall be available only to | 4 |
| those prisoners who have not previously earned a high | 5 |
| school diploma or a GED. If, after an award of the GED good | 6 |
| conduct credit has been made and the Department determines | 7 |
| that the prisoner was not eligible, then the award shall be | 8 |
| revoked.
| 9 |
| (4.5) The rules and regulations on early release shall | 10 |
| also provide that
when the court's sentencing order | 11 |
| recommends a prisoner for substance abuse treatment and the
| 12 |
| crime was committed on or after September 1, 2003 (the | 13 |
| effective date of
Public Act 93-354), the prisoner shall | 14 |
| receive no good conduct credit awarded under clause (3) of | 15 |
| this subsection (a) unless he or she participates in and
| 16 |
| completes a substance abuse treatment program. The | 17 |
| Director may waive the requirement to participate in or | 18 |
| complete a substance abuse treatment program and award the | 19 |
| good conduct credit in specific instances if the prisoner | 20 |
| is not a good candidate for a substance abuse treatment | 21 |
| program for medical, programming, or operational reasons. | 22 |
| Availability of
substance abuse treatment shall be subject | 23 |
| to the limits of fiscal resources
appropriated by the | 24 |
| General Assembly for these purposes. If treatment is not
| 25 |
| available and the requirement to participate and complete | 26 |
| the treatment has not been waived by the Director, the |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| prisoner shall be placed on a waiting list under criteria
| 2 |
| established by the Department. The Director may allow a | 3 |
| prisoner placed on
a waiting list to participate in and | 4 |
| complete a substance abuse education class or attend | 5 |
| substance
abuse self-help meetings in lieu of a substance | 6 |
| abuse treatment program. A prisoner on a waiting list who | 7 |
| is not placed in a substance abuse program prior to release | 8 |
| may be eligible for a waiver and receive good conduct | 9 |
| credit under clause (3) of this subsection (a) at the | 10 |
| discretion of the Director.
| 11 |
| (4.6) The rules and regulations on early release shall | 12 |
| also provide that a prisoner who has been convicted of a | 13 |
| sex offense as defined in Section 2 of the Sex Offender | 14 |
| Registration Act shall receive no good conduct credit | 15 |
| unless he or she either has successfully completed or is | 16 |
| participating in sex offender treatment as defined by the | 17 |
| Sex Offender Management Board. However, prisoners who are | 18 |
| waiting to receive such treatment, but who are unable to do | 19 |
| so due solely to the lack of resources on the part of the | 20 |
| Department, may, at the Director's sole discretion, be | 21 |
| awarded good conduct credit at such rate as the Director | 22 |
| shall determine.
| 23 |
| (5) Whenever the Department is to release any inmate | 24 |
| earlier than it
otherwise would because of a grant of good | 25 |
| conduct credit for meritorious
service given at any time | 26 |
| during the term, the Department shall give
reasonable |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| advance notice of the impending release to the State's
| 2 |
| Attorney of the county where the prosecution of the inmate | 3 |
| took place.
| 4 |
| (b) Whenever a person is or has been committed under
| 5 |
| several convictions, with separate sentences, the sentences
| 6 |
| shall be construed under Section 5-8-4 in granting and
| 7 |
| forfeiting of good time.
| 8 |
| (c) The Department shall prescribe rules and regulations
| 9 |
| for revoking good conduct credit, or suspending or reducing
the | 10 |
| rate of accumulation of good conduct credit for specific
rule | 11 |
| violations, during imprisonment. These rules and regulations
| 12 |
| shall provide that no inmate may be penalized more than one
| 13 |
| year of good conduct credit for any one infraction.
| 14 |
| When the Department seeks to revoke, suspend or reduce
the | 15 |
| rate of accumulation of any good conduct credits for
an alleged | 16 |
| infraction of its rules, it shall bring charges
therefor | 17 |
| against the prisoner sought to be so deprived of
good conduct | 18 |
| credits before the Prisoner Review Board as
provided in | 19 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 20 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 21 |
| month period, the cumulative amount of
credit revoked exceeds | 22 |
| 30 days except where the infraction is committed
or discovered | 23 |
| within 60 days of scheduled release. In those cases,
the | 24 |
| Department of Corrections may revoke up to 30 days of good | 25 |
| conduct credit.
The Board may subsequently approve the | 26 |
| revocation of additional good
conduct credit, if the Department |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| seeks to revoke good conduct credit in
excess of 30 days. | 2 |
| However, the Board shall not be empowered to review the
| 3 |
| Department's decision with respect to the loss of 30 days of | 4 |
| good conduct
credit within any calendar year for any prisoner | 5 |
| or to increase any penalty
beyond the length requested by the | 6 |
| Department.
| 7 |
| The Director of the Department of Corrections, in | 8 |
| appropriate cases, may
restore up to 30 days good conduct | 9 |
| credits which have been revoked, suspended
or reduced. Any | 10 |
| restoration of good conduct credits in excess of 30 days shall
| 11 |
| be subject to review by the Prisoner Review Board. However, the | 12 |
| Board may not
restore good conduct credit in excess of the | 13 |
| amount requested by the Director.
| 14 |
| Nothing contained in this Section shall prohibit the | 15 |
| Prisoner Review Board
from ordering, pursuant to Section | 16 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 17 |
| sentence imposed by the court that was not served due to the
| 18 |
| accumulation of good conduct credit.
| 19 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or | 20 |
| federal court
against the State, the Department of Corrections, | 21 |
| or the Prisoner Review Board,
or against any of
their officers | 22 |
| or employees, and the court makes a specific finding that a
| 23 |
| pleading, motion, or other paper filed by the prisoner is | 24 |
| frivolous, the
Department of Corrections shall conduct a | 25 |
| hearing to revoke up to
180 days of good conduct credit by | 26 |
| bringing charges against the prisoner
sought to be deprived of |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| the good conduct credits before the Prisoner Review
Board as | 2 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 3 |
| If the prisoner has not accumulated 180 days of good conduct | 4 |
| credit at the
time of the finding, then the Prisoner Review | 5 |
| Board may revoke all
good conduct credit accumulated by the | 6 |
| prisoner.
| 7 |
| For purposes of this subsection (d):
| 8 |
| (1) "Frivolous" means that a pleading, motion, or other | 9 |
| filing which
purports to be a legal document filed by a | 10 |
| prisoner in his or her lawsuit meets
any or all of the | 11 |
| following criteria:
| 12 |
| (A) it lacks an arguable basis either in law or in | 13 |
| fact;
| 14 |
| (B) it is being presented for any improper purpose, | 15 |
| such as to harass or
to cause unnecessary delay or | 16 |
| needless increase in the cost of litigation;
| 17 |
| (C) the claims, defenses, and other legal | 18 |
| contentions therein are not
warranted by existing law | 19 |
| or by a nonfrivolous argument for the extension,
| 20 |
| modification, or reversal of existing law or the | 21 |
| establishment of new law;
| 22 |
| (D) the allegations and other factual contentions | 23 |
| do not have
evidentiary
support or, if specifically so | 24 |
| identified, are not likely to have evidentiary
support | 25 |
| after a reasonable opportunity for further | 26 |
| investigation or discovery;
or
|
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| (E) the denials of factual contentions are not | 2 |
| warranted on the
evidence, or if specifically so | 3 |
| identified, are not reasonably based on a lack
of | 4 |
| information or belief.
| 5 |
| (2) "Lawsuit" means a motion pursuant to Section
116-3 | 6 |
| of the Code of Criminal Procedure of 1963, a habeas corpus | 7 |
| action under
Article X of the Code of Civil Procedure or | 8 |
| under federal law (28 U.S.C. 2254),
a petition for claim | 9 |
| under the Court of Claims Act, an action under the
federal | 10 |
| Civil Rights Act (42 U.S.C. 1983), or a second or | 11 |
| subsequent petition for post-conviction relief under | 12 |
| Article 122 of the Code of Criminal Procedure of 1963 | 13 |
| whether filed with or without leave of court or a second or | 14 |
| subsequent petition for relief from judgment under Section | 15 |
| 2-1401 of the Code of Civil Procedure.
| 16 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 17 |
| validity of Public Act 89-404.
| 18 |
| (f) Whenever the Department is to release any inmate who | 19 |
| has been convicted of a violation of an order of protection | 20 |
| under Section 12-30 of the Criminal Code of 1961, earlier than | 21 |
| it
otherwise would because of a grant of good conduct credit, | 22 |
| the Department, as a condition of such early release, shall | 23 |
| require that the person, upon release, be placed under | 24 |
| electronic surveillance as provided in Section 5-8A-7 of this | 25 |
| Code. | 26 |
| (Source: P.A. 94-71, eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| eff. 7-8-05; 94-398, eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, | 2 |
| eff. 5-8-06; 95-134, eff. 8-13-07; 95-585, eff. 6-1-08; 95-625, | 3 |
| eff. 6-1-08; 95-640, eff. 6-1-08; revised 11-19-07.)
| 4 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| 5 |
| (Text of Section after amendment by P.A. 95-464, 95-578, | 6 |
| and 95-696 ) | 7 |
| Sec. 5-6-3. Conditions of Probation and of Conditional | 8 |
| Discharge.
| 9 |
| (a) The conditions of probation and of conditional | 10 |
| discharge shall be
that the person:
| 11 |
| (1) not violate any criminal statute of any | 12 |
| jurisdiction;
| 13 |
| (2) report to or appear in person before such person or | 14 |
| agency as
directed by the court;
| 15 |
| (3) refrain from possessing a firearm or other | 16 |
| dangerous weapon;
| 17 |
| (4) not leave the State without the consent of the | 18 |
| court or, in
circumstances in which the reason for the | 19 |
| absence is of such an emergency
nature that prior consent | 20 |
| by the court is not possible, without the prior
| 21 |
| notification and approval of the person's probation
| 22 |
| officer. Transfer of a person's probation or conditional | 23 |
| discharge
supervision to another state is subject to | 24 |
| acceptance by the other state
pursuant to the Interstate | 25 |
| Compact for Adult Offender Supervision;
|
|
|
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LRB095 06600 RLC 49228 a |
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| 1 |
| (5) permit the probation officer to visit
him at his | 2 |
| home or elsewhere
to the extent necessary to discharge his | 3 |
| duties;
| 4 |
| (6) perform no less than 30 hours of community service | 5 |
| and not more than
120 hours of community service, if | 6 |
| community service is available in the
jurisdiction and is | 7 |
| funded and approved by the county board where the offense
| 8 |
| was committed, where the offense was related to or in | 9 |
| furtherance of the
criminal activities of an organized gang | 10 |
| and was motivated by the offender's
membership in or | 11 |
| allegiance to an organized gang. The community service | 12 |
| shall
include, but not be limited to, the cleanup and | 13 |
| repair of any damage caused by
a violation of Section | 14 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to | 15 |
| property located within the municipality or county in which | 16 |
| the violation
occurred. When possible and reasonable, the | 17 |
| community service should be
performed in the offender's | 18 |
| neighborhood. For purposes of this Section,
"organized | 19 |
| gang" has the meaning ascribed to it in Section 10 of the | 20 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
| 21 |
| (7) if he or she is at least 17 years of age and has | 22 |
| been sentenced to
probation or conditional discharge for a | 23 |
| misdemeanor or felony in a county of
3,000,000 or more | 24 |
| inhabitants and has not been previously convicted of a
| 25 |
| misdemeanor or felony, may be required by the sentencing | 26 |
| court to attend
educational courses designed to prepare the |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| defendant for a high school diploma
and to work toward a | 2 |
| high school diploma or to work toward passing the high
| 3 |
| school level Test of General Educational Development (GED) | 4 |
| or to work toward
completing a vocational training program | 5 |
| approved by the court. The person on
probation or | 6 |
| conditional discharge must attend a public institution of
| 7 |
| education to obtain the educational or vocational training | 8 |
| required by this
clause (7). The court shall revoke the | 9 |
| probation or conditional discharge of a
person who wilfully | 10 |
| fails to comply with this clause (7). The person on
| 11 |
| probation or conditional discharge shall be required to pay | 12 |
| for the cost of the
educational courses or GED test, if a | 13 |
| fee is charged for those courses or
test. The court shall | 14 |
| resentence the offender whose probation or conditional
| 15 |
| discharge has been revoked as provided in Section 5-6-4. | 16 |
| This clause (7) does
not apply to a person who has a high | 17 |
| school diploma or has successfully passed
the GED test. | 18 |
| This clause (7) does not apply to a person who is | 19 |
| determined by
the court to be developmentally disabled or | 20 |
| otherwise mentally incapable of
completing the educational | 21 |
| or vocational program;
| 22 |
| (8) if convicted of possession of a substance | 23 |
| prohibited
by the Cannabis Control Act, the Illinois | 24 |
| Controlled Substances Act, or the Methamphetamine Control | 25 |
| and Community Protection Act
after a previous conviction or | 26 |
| disposition of supervision for possession of a
substance |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| prohibited by the Cannabis Control Act or Illinois | 2 |
| Controlled
Substances Act or after a sentence of probation | 3 |
| under Section 10 of the
Cannabis
Control Act, Section 410 | 4 |
| of the Illinois Controlled Substances Act, or Section 70 of | 5 |
| the Methamphetamine Control and Community Protection Act | 6 |
| and upon a
finding by the court that the person is | 7 |
| addicted, undergo treatment at a
substance abuse program | 8 |
| approved by the court;
| 9 |
| (8.5) if convicted of a felony sex offense as defined | 10 |
| in the Sex
Offender
Management Board Act, the person shall | 11 |
| undergo and successfully complete sex
offender treatment | 12 |
| by a treatment provider approved by the Board and conducted
| 13 |
| in conformance with the standards developed under the Sex
| 14 |
| Offender Management Board Act;
| 15 |
| (8.6) if convicted of a sex offense as defined in the | 16 |
| Sex Offender Management Board Act, refrain from residing at | 17 |
| the same address or in the same condominium unit or | 18 |
| apartment unit or in the same condominium complex or | 19 |
| apartment complex with another person he or she knows or | 20 |
| reasonably should know is a convicted sex offender or has | 21 |
| been placed on supervision for a sex offense; the | 22 |
| provisions of this paragraph do not apply to a person | 23 |
| convicted of a sex offense who is placed in a Department of | 24 |
| Corrections licensed transitional housing facility for sex | 25 |
| offenders; | 26 |
| (8.7) if convicted for an offense committed on or after |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| the effective date of this amendatory Act of the 95th | 2 |
| General Assembly that would qualify the accused as a child | 3 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 4 |
| Criminal Code of 1961, refrain from communicating with or | 5 |
| contacting, by means of the Internet, a person who is not | 6 |
| related to the accused and whom the accused reasonably | 7 |
| believes to be under 18 years of age; for purposes of this | 8 |
| paragraph (8.7), "Internet" has the meaning ascribed to it | 9 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by | 10 |
| Public Act 94-179 ; and a person is not related to the | 11 |
| accused if the person is not: (i) the spouse, brother, or | 12 |
| sister of the accused; (ii) a descendant of the accused; | 13 |
| (iii) a first or second cousin of the accused; or (iv) a | 14 |
| step-child or adopted child of the accused; | 15 |
| (9) if convicted of a felony, physically surrender at a | 16 |
| time and place
designated by the court, his or her Firearm
| 17 |
| Owner's Identification Card and
any and all firearms in
his | 18 |
| or her possession; and
| 19 |
| (10) if convicted of a sex offense as defined in | 20 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the | 21 |
| offender is a parent or guardian of the person under 18 | 22 |
| years of age present in the home and no non-familial minors | 23 |
| are present, not participate in a holiday event involving | 24 |
| children under 18 years of age, such as distributing candy | 25 |
| or other items to children on Halloween, wearing a Santa | 26 |
| Claus costume on or preceding Christmas, being employed as |
|
|
|
09500HB3038ham001 |
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|
| 1 |
| a department store Santa Claus, or wearing an Easter Bunny | 2 |
| costume on or preceding Easter. | 3 |
| (b) The Court may in addition to other reasonable | 4 |
| conditions relating to the
nature of the offense or the | 5 |
| rehabilitation of the defendant as determined for
each | 6 |
| defendant in the proper discretion of the Court require that | 7 |
| the person:
| 8 |
| (1) serve a term of periodic imprisonment under Article | 9 |
| 7 for a
period not to exceed that specified in paragraph | 10 |
| (d) of Section 5-7-1;
| 11 |
| (2) pay a fine and costs;
| 12 |
| (3) work or pursue a course of study or vocational | 13 |
| training;
| 14 |
| (4) undergo medical, psychological or psychiatric | 15 |
| treatment; or treatment
for drug addiction or alcoholism;
| 16 |
| (5) attend or reside in a facility established for the | 17 |
| instruction
or residence of defendants on probation;
| 18 |
| (6) support his dependents;
| 19 |
| (7) and in addition, if a minor:
| 20 |
| (i) reside with his parents or in a foster home;
| 21 |
| (ii) attend school;
| 22 |
| (iii) attend a non-residential program for youth;
| 23 |
| (iv) contribute to his own support at home or in a | 24 |
| foster home;
| 25 |
| (v) with the consent of the superintendent of the
| 26 |
| facility, attend an educational program at a facility |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| other than the school
in which the
offense was | 2 |
| committed if he
or she is convicted of a crime of | 3 |
| violence as
defined in
Section 2 of the Crime Victims | 4 |
| Compensation Act committed in a school, on the
real
| 5 |
| property
comprising a school, or within 1,000 feet of | 6 |
| the real property comprising a
school;
| 7 |
| (8) make restitution as provided in Section 5-5-6 of | 8 |
| this Code;
| 9 |
| (9) perform some reasonable public or community | 10 |
| service;
| 11 |
| (10) serve a term of home confinement. In addition to | 12 |
| any other
applicable condition of probation or conditional | 13 |
| discharge, the
conditions of home confinement shall be that | 14 |
| the offender:
| 15 |
| (i) remain within the interior premises of the | 16 |
| place designated for
his confinement during the hours | 17 |
| designated by the court;
| 18 |
| (ii) admit any person or agent designated by the | 19 |
| court into the
offender's place of confinement at any | 20 |
| time for purposes of verifying
the offender's | 21 |
| compliance with the conditions of his confinement; and
| 22 |
| (iii) if further deemed necessary by the court or | 23 |
| the
Probation or
Court Services Department, be placed | 24 |
| on an approved
electronic monitoring device, subject | 25 |
| to Article 8A of Chapter V;
| 26 |
| (iv) for persons convicted of any alcohol, |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| cannabis or controlled
substance violation who are | 2 |
| placed on an approved monitoring device as a
condition | 3 |
| of probation or conditional discharge, the court shall | 4 |
| impose a
reasonable fee for each day of the use of the | 5 |
| device, as established by the
county board in | 6 |
| subsection (g) of this Section, unless after | 7 |
| determining the
inability of the offender to pay the | 8 |
| fee, the court assesses a lesser fee or no
fee as the | 9 |
| case may be. This fee shall be imposed in addition to | 10 |
| the fees
imposed under subsections (g) and (i) of this | 11 |
| Section. The fee shall be
collected by the clerk of the | 12 |
| circuit court. The clerk of the circuit
court shall pay | 13 |
| all monies collected from this fee to the county | 14 |
| treasurer
for deposit in the substance abuse services | 15 |
| fund under Section 5-1086.1 of
the Counties Code; and
| 16 |
| (v) for persons convicted of offenses other than | 17 |
| those referenced in
clause (iv) above and who are | 18 |
| placed on an approved monitoring device as a
condition | 19 |
| of probation or conditional discharge, the court shall | 20 |
| impose
a reasonable fee for each day of the use of the | 21 |
| device, as established by the
county board in | 22 |
| subsection (g) of this Section, unless after | 23 |
| determining the
inability of the defendant to pay the | 24 |
| fee, the court assesses a lesser fee or
no fee as the | 25 |
| case may be. This fee shall be imposed in addition to | 26 |
| the fees
imposed under subsections (g) and (i) of this |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| Section. The fee
shall be collected by the clerk of the | 2 |
| circuit court. The clerk of the circuit
court shall pay | 3 |
| all monies collected from this fee
to the county | 4 |
| treasurer who shall use the monies collected to defray | 5 |
| the
costs of corrections. The county treasurer shall | 6 |
| deposit the fee
collected in the county working cash | 7 |
| fund under Section 6-27001 or Section
6-29002 of the | 8 |
| Counties Code, as the case may be.
| 9 |
| (11) comply with the terms and conditions of an order | 10 |
| of protection issued
by the court pursuant to the Illinois | 11 |
| Domestic Violence Act of 1986,
as now or hereafter amended, | 12 |
| or an order of protection issued by the court of
another | 13 |
| state, tribe, or United States territory. A copy of the | 14 |
| order of
protection shall be
transmitted to the probation | 15 |
| officer or agency
having responsibility for the case;
| 16 |
| (12) reimburse any "local anti-crime program" as | 17 |
| defined in Section 7
of the Anti-Crime Advisory Council Act | 18 |
| for any reasonable expenses incurred
by the program on the | 19 |
| offender's case, not to exceed the maximum amount of
the | 20 |
| fine authorized for the offense for which the defendant was | 21 |
| sentenced;
| 22 |
| (13) contribute a reasonable sum of money, not to | 23 |
| exceed the maximum
amount of the fine authorized for the
| 24 |
| offense for which the defendant was sentenced, (i) to a | 25 |
| "local anti-crime
program", as defined in Section 7 of the | 26 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under |
|
|
|
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| 1 |
| the jurisdiction of the Department of Natural Resources, to | 2 |
| the fund established by the Department of Natural Resources | 3 |
| for the purchase of evidence for investigation purposes and | 4 |
| to conduct investigations as outlined in Section 805-105 of | 5 |
| the Department of Natural Resources (Conservation) Law;
| 6 |
| (14) refrain from entering into a designated | 7 |
| geographic area except upon
such terms as the court finds | 8 |
| appropriate. Such terms may include
consideration of the | 9 |
| purpose of the entry, the time of day, other persons
| 10 |
| accompanying the defendant, and advance approval by a
| 11 |
| probation officer, if
the defendant has been placed on | 12 |
| probation or advance approval by the
court, if the | 13 |
| defendant was placed on conditional discharge;
| 14 |
| (15) refrain from having any contact, directly or | 15 |
| indirectly, with
certain specified persons or particular | 16 |
| types of persons, including but not
limited to members of | 17 |
| street gangs and drug users or dealers;
| 18 |
| (16) refrain from having in his or her body the | 19 |
| presence of any illicit
drug prohibited by the Cannabis | 20 |
| Control Act, the Illinois Controlled
Substances Act, or the | 21 |
| Methamphetamine Control and Community Protection Act, | 22 |
| unless prescribed by a physician, and submit samples of
his | 23 |
| or her blood or urine or both for tests to determine the | 24 |
| presence of any
illicit drug; and
| 25 |
| (17) if convicted for an offense committed on or after | 26 |
| the effective date of this amendatory Act of the 95th |
|
|
|
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| 1 |
| General Assembly that would qualify the accused as a child | 2 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the | 3 |
| Criminal Code of 1961, refrain from communicating with or | 4 |
| contacting, by means of the Internet, a person who is | 5 |
| related to the accused and whom the accused reasonably | 6 |
| believes to be under 18 years of age; for purposes of this | 7 |
| paragraph (17), "Internet" has the meaning ascribed to it | 8 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by | 9 |
| Public Act 94-179 ; and a person is related to the accused | 10 |
| if the person is: (i) the spouse, brother, or sister of the | 11 |
| accused; (ii) a descendant of the accused; (iii) a first or | 12 |
| second cousin of the accused; or (iv) a step-child or | 13 |
| adopted child of the accused. | 14 |
| (c) The court may as a condition of probation or of | 15 |
| conditional
discharge require that a person under 18 years of | 16 |
| age found guilty of any
alcohol, cannabis or controlled | 17 |
| substance violation, refrain from acquiring
a driver's license | 18 |
| during
the period of probation or conditional discharge. If | 19 |
| such person
is in possession of a permit or license, the court | 20 |
| may require that
the minor refrain from driving or operating | 21 |
| any motor vehicle during the
period of probation or conditional | 22 |
| discharge, except as may be necessary in
the course of the | 23 |
| minor's lawful employment.
| 24 |
| (d) An offender sentenced to probation or to conditional | 25 |
| discharge
shall be given a certificate setting forth the | 26 |
| conditions thereof.
|
|
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| (e) Except where the offender has committed a fourth or | 2 |
| subsequent
violation of subsection (c) of Section 6-303 of the | 3 |
| Illinois Vehicle Code,
the court shall not require as a | 4 |
| condition of the sentence of
probation or conditional discharge | 5 |
| that the offender be committed to a
period of imprisonment in | 6 |
| excess of 6 months.
This 6 month limit shall not include | 7 |
| periods of confinement given pursuant to
a sentence of county | 8 |
| impact incarceration under Section 5-8-1.2.
| 9 |
| Persons committed to imprisonment as a condition of | 10 |
| probation or
conditional discharge shall not be committed to | 11 |
| the Department of
Corrections.
| 12 |
| (f) The court may combine a sentence of periodic | 13 |
| imprisonment under
Article 7 or a sentence to a county impact | 14 |
| incarceration program under
Article 8 with a sentence of | 15 |
| probation or conditional discharge.
| 16 |
| (g) An offender sentenced to probation or to conditional | 17 |
| discharge and
who during the term of either undergoes mandatory | 18 |
| drug or alcohol testing,
or both, or is assigned to be placed | 19 |
| on an approved electronic monitoring
device, shall be ordered | 20 |
| to pay all costs incidental to such mandatory drug
or alcohol | 21 |
| testing, or both, and all costs
incidental to such approved | 22 |
| electronic monitoring in accordance with the
defendant's | 23 |
| ability to pay those costs. The county board with
the | 24 |
| concurrence of the Chief Judge of the judicial
circuit in which | 25 |
| the county is located shall establish reasonable fees for
the | 26 |
| cost of maintenance, testing, and incidental expenses related |
|
|
|
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| 1 |
| to the
mandatory drug or alcohol testing, or both, and all | 2 |
| costs incidental to
approved electronic monitoring, involved | 3 |
| in a successful probation program
for the county. The | 4 |
| concurrence of the Chief Judge shall be in the form of
an | 5 |
| administrative order.
The fees shall be collected by the clerk | 6 |
| of the circuit court. The clerk of
the circuit court shall pay | 7 |
| all moneys collected from these fees to the county
treasurer | 8 |
| who shall use the moneys collected to defray the costs of
drug | 9 |
| testing, alcohol testing, and electronic monitoring.
The | 10 |
| county treasurer shall deposit the fees collected in the
county | 11 |
| working cash fund under Section 6-27001 or Section 6-29002 of | 12 |
| the
Counties Code, as the case may be.
| 13 |
| (h) Jurisdiction over an offender may be transferred from | 14 |
| the
sentencing court to the court of another circuit with the | 15 |
| concurrence of
both courts. Further transfers or retransfers of
| 16 |
| jurisdiction are also
authorized in the same manner. The court | 17 |
| to which jurisdiction has been
transferred shall have the same | 18 |
| powers as the sentencing court.
| 19 |
| (i) The court shall impose upon an offender
sentenced to | 20 |
| probation after January 1, 1989 or to conditional discharge
| 21 |
| after January 1, 1992 or to community service under the | 22 |
| supervision of a
probation or court services department after | 23 |
| January 1, 2004, as a condition of such probation or | 24 |
| conditional
discharge or supervised community service, a fee of | 25 |
| $50
for each month of probation or
conditional
discharge | 26 |
| supervision or supervised community service ordered by the |
|
|
|
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|
| 1 |
| court, unless after
determining the inability of the person | 2 |
| sentenced to probation or conditional
discharge or supervised | 3 |
| community service to pay the
fee, the court assesses a lesser | 4 |
| fee. The court may not impose the fee on a
minor who is made a | 5 |
| ward of the State under the Juvenile Court Act of 1987
while | 6 |
| the minor is in placement.
The fee shall be imposed only upon
| 7 |
| an offender who is actively supervised by the
probation and | 8 |
| court services
department. The fee shall be collected by the | 9 |
| clerk
of the circuit court. The clerk of the circuit court | 10 |
| shall pay all monies
collected from this fee to the county | 11 |
| treasurer for deposit in the
probation and court services fund | 12 |
| under Section 15.1 of the
Probation and Probation Officers Act.
| 13 |
| A circuit court may not impose a probation fee under this | 14 |
| subsection (i) in excess of $25
per month unless: (1) the | 15 |
| circuit court has adopted, by administrative
order issued by | 16 |
| the chief judge, a standard probation fee guide
determining an | 17 |
| offender's ability to pay, under guidelines developed by
the | 18 |
| Administrative
Office of the Illinois Courts; and (2) the | 19 |
| circuit court has authorized, by
administrative order issued by | 20 |
| the chief judge, the creation of a Crime
Victim's Services | 21 |
| Fund, to be administered by the Chief Judge or his or
her | 22 |
| designee, for services to crime victims and their families. Of | 23 |
| the
amount collected as a probation fee, up to $5 of that fee
| 24 |
| collected per month may be used to provide services to crime | 25 |
| victims
and their families.
| 26 |
| This amendatory Act of the 93rd General Assembly deletes |
|
|
|
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LRB095 06600 RLC 49228 a |
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| 1 |
| the $10 increase in the fee under this subsection that was | 2 |
| imposed by Public Act 93-616. This deletion is intended to | 3 |
| control over any other Act of the 93rd General Assembly that | 4 |
| retains or incorporates that fee increase. | 5 |
| (i-5) In addition to the fees imposed under subsection (i) | 6 |
| of this Section, in the case of an offender convicted of a | 7 |
| felony sex offense (as defined in the Sex Offender Management | 8 |
| Board Act) or an offense that the court or probation department | 9 |
| has determined to be sexually motivated (as defined in the Sex | 10 |
| Offender Management Board Act), the court or the probation | 11 |
| department shall assess additional fees to pay for all costs of | 12 |
| treatment, assessment, evaluation for risk and treatment, and | 13 |
| monitoring the offender, based on that offender's ability to | 14 |
| pay those costs either as they occur or under a payment plan. | 15 |
| (j) All fines and costs imposed under this Section for any | 16 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | 17 |
| Code, or a similar
provision of a local ordinance, and any | 18 |
| violation of the Child Passenger
Protection Act, or a similar | 19 |
| provision of a local ordinance, shall be
collected and | 20 |
| disbursed by the circuit clerk as provided under Section 27.5
| 21 |
| of the Clerks of Courts Act.
| 22 |
| (k) Any offender who is sentenced to probation or | 23 |
| conditional discharge for a felony sex offense as defined in | 24 |
| the Sex Offender Management Board Act or any offense that the | 25 |
| court or probation department has determined to be sexually | 26 |
| motivated as defined in the Sex Offender Management Board Act |
|
|
|
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|
| 1 |
| shall be required to refrain from any contact, directly or | 2 |
| indirectly, with any persons specified by the court and shall | 3 |
| be available for all evaluations and treatment programs | 4 |
| required by the court or the probation department.
| 5 |
| (l) The court may order an offender who is sentenced to | 6 |
| probation or conditional
discharge for a violation of an order | 7 |
| of protection be placed under electronic surveillance as | 8 |
| provided in Section 5-8A-7 of this Code. | 9 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | 10 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | 11 |
| 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised | 12 |
| 12-26-07.)
| 13 |
| (730 ILCS 5/5-8A-7 new)
| 14 |
| Sec. 5-8A-7. Domestic violence surveillance program. If | 15 |
| the Prisoner Review Board, Department of Corrections, or court | 16 |
| orders electronic surveillance as a condition of parole, | 17 |
| mandatory supervised release, early release, probation, or | 18 |
| conditional discharge for a violation of an order of protection | 19 |
| or as a condition of bail for a person charged with a violation | 20 |
| of an order of protection, the supervising authority must use a | 21 |
| system that requires the defendant to carry or wear a global | 22 |
| positioning system device, provides the victim with an | 23 |
| electronic receptor device, and actively monitors and | 24 |
| identifies the offender's current location and timely reports | 25 |
| or records the offender's presence and alerts the supervising |
|
|
|
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|
| 1 |
| authority and the victim of the offender's presence in a place | 2 |
| prohibited in the order of protection and the offender's | 3 |
| departure from specified geographic limitations. | 4 |
| (730 ILCS 5/5-9-1.16 new) | 5 |
| Sec. 5-9-1.16. Protective order violation fines. | 6 |
| (a) There shall be added to every penalty imposed in | 7 |
| sentencing for a violation of an order of protection under | 8 |
| Section 12-30 of the Criminal Code of 1961 an additional fine | 9 |
| to be set in an amount not less than $200 to be imposed upon a | 10 |
| plea of guilty or finding of guilty resulting in a judgment of | 11 |
| conviction. | 12 |
| (b)
Such additional amount shall be assessed by the court | 13 |
| imposing sentence and shall be collected by the Circuit Clerk | 14 |
| in addition to the fine, if any, and costs in the case to be | 15 |
| used by the Illinois State Police in implementing the domestic | 16 |
| violence surveillance program. Each such additional penalty | 17 |
| shall be remitted by the Circuit Clerk within one month after | 18 |
| receipt to the State Treasurer for deposit into the Domestic | 19 |
| Violence Surveillance Fund. The Circuit Clerk shall retain 10% | 20 |
| of such penalty to cover the costs incurred in administering | 21 |
| and enforcing this Section. Such additional penalty shall not | 22 |
| be considered a part of the fine for purposes of any reduction | 23 |
| in the fine for time served either before or after sentencing. | 24 |
| (c)
Not later than March 1 of each year the Clerk of the | 25 |
| Circuit Court shall submit to the State Comptroller a report of |
|
|
|
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| 1 |
| the amount of funds remitted by him or her to the State | 2 |
| Treasurer under this Section during the preceding calendar | 3 |
| year. Except as otherwise provided by Supreme Court Rules, if a | 4 |
| court in sentencing an offender levies a gross amount for fine, | 5 |
| costs, fees and penalties, the amount of the additional penalty | 6 |
| provided for herein shall be collected from the amount | 7 |
| remaining after deducting from the gross amount levied all fees | 8 |
| of the Circuit Clerk, the State's Attorney and the Sheriff. | 9 |
| After deducting from the gross amount levied the fees and | 10 |
| additional penalty provided for herein, less any other | 11 |
| additional penalties provided by law, the clerk shall remit the | 12 |
| net balance remaining to the State Treasurer for deposit into | 13 |
| the Domestic Violence Surveillance Fund. | 14 |
| (d) Moneys in the Domestic Violence Surveillance Fund shall | 15 |
| be used by the supervising authority of a respondent ordered to | 16 |
| carry or wear a global positioning system device for a | 17 |
| violation of an order of protection under Section 12-30 of the | 18 |
| Criminal Code of 1961 to offset the costs of such surveillance | 19 |
| of the respondent. | 20 |
| (e) For purposes of this Section "fees of the Circuit | 21 |
| Clerk" shall include, if applicable, the fee provided for under | 22 |
| Section 27.3a of the Clerks of Courts Act and the fee, if | 23 |
| applicable, payable to the county in which the violation | 24 |
| occurred under Section 5-1101 of the Counties Code. | 25 |
| Section 30. The Illinois Domestic Violence Act of 1986 is |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| amended by changing Section 214 as follows:
| 2 |
| (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 3 |
| Sec. 214. Order of protection; remedies.
| 4 |
| (a) Issuance of order. If the court finds that petitioner | 5 |
| has been
abused by a family or household member or that | 6 |
| petitioner is a high-risk
adult who has been abused, neglected, | 7 |
| or exploited, as defined in this Act,
an order of protection | 8 |
| prohibiting the abuse, neglect, or exploitation
shall issue; | 9 |
| provided that petitioner must also satisfy the requirements of
| 10 |
| one of the following Sections, as appropriate: Section 217 on | 11 |
| emergency
orders, Section 218 on interim orders, or Section 219 | 12 |
| on plenary orders.
Petitioner shall not be denied an order of | 13 |
| protection because petitioner or
respondent is a minor. The | 14 |
| court, when determining whether or not to issue
an order of | 15 |
| protection, shall not require physical manifestations of abuse
| 16 |
| on the person of the victim. Modification and extension of | 17 |
| prior
orders of protection shall be in accordance with this | 18 |
| Act.
| 19 |
| (b) Remedies and standards. The remedies to be included in | 20 |
| an order of
protection shall be determined in accordance with | 21 |
| this Section and one of
the following Sections, as appropriate: | 22 |
| Section 217 on emergency orders,
Section 218 on interim orders, | 23 |
| and Section 219 on plenary orders. The
remedies listed in this | 24 |
| subsection shall be in addition to other civil or
criminal | 25 |
| remedies available to petitioner. The remedy provided in |
|
|
|
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LRB095 06600 RLC 49228 a |
|
| 1 |
| paragraph (18) of this subsection (b) shall be included in | 2 |
| every order of protection issued on or after the effective date | 3 |
| of this amendatory Act of the 95th General Assembly.
| 4 |
| (1) Prohibition of abuse, neglect, or exploitation. | 5 |
| Prohibit
respondent's harassment, interference with | 6 |
| personal liberty, intimidation
of a dependent, physical | 7 |
| abuse, or willful deprivation, neglect or
exploitation, as | 8 |
| defined in this Act, or stalking of the petitioner, as | 9 |
| defined
in Section 12-7.3 of the Criminal Code of 1961, if | 10 |
| such abuse, neglect,
exploitation, or stalking has | 11 |
| occurred or otherwise appears likely to occur if
not | 12 |
| prohibited.
| 13 |
| (2) Grant of exclusive possession of residence. | 14 |
| Prohibit respondent from
entering or remaining in any | 15 |
| residence or household of the petitioner,
including one | 16 |
| owned or leased by respondent, if petitioner has a right to
| 17 |
| occupancy thereof. The grant of exclusive possession of the | 18 |
| residence shall not
affect title to real property, nor | 19 |
| shall the court be limited by the standard
set forth in | 20 |
| Section 701 of the Illinois Marriage and Dissolution of | 21 |
| Marriage
Act.
| 22 |
| (A) Right to occupancy. A party has a right to | 23 |
| occupancy of a
residence or household if it is solely | 24 |
| or jointly owned or leased by that
party, that party's | 25 |
| spouse, a person with a legal duty to support that | 26 |
| party or
a minor child in that party's care, or by any |
|
|
|
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|
| 1 |
| person or entity other than the
opposing party that | 2 |
| authorizes that party's occupancy (e.g., a domestic
| 3 |
| violence shelter). Standards set forth in subparagraph | 4 |
| (B) shall not preclude
equitable relief.
| 5 |
| (B) Presumption of hardships. If petitioner and | 6 |
| respondent
each has the right to occupancy of a | 7 |
| residence or household, the court
shall balance (i) the | 8 |
| hardships to respondent and any minor child or
| 9 |
| dependent adult in respondent's care resulting from | 10 |
| entry of this remedy with
(ii) the hardships to | 11 |
| petitioner and any minor child or dependent adult in
| 12 |
| petitioner's care resulting from continued exposure to | 13 |
| the risk of abuse
(should petitioner remain at the | 14 |
| residence or household) or from loss of
possession of | 15 |
| the residence or household (should petitioner leave to | 16 |
| avoid the
risk of abuse). When determining the balance | 17 |
| of hardships, the court shall
also take into account | 18 |
| the accessibility of the residence or household.
| 19 |
| Hardships need not be balanced if respondent does not | 20 |
| have a right to
occupancy.
| 21 |
| The balance of hardships is presumed to favor | 22 |
| possession by
petitioner unless the presumption is | 23 |
| rebutted by a preponderance of the
evidence, showing | 24 |
| that the hardships to respondent substantially | 25 |
| outweigh
the hardships to petitioner and any minor | 26 |
| child or dependent adult in
petitioner's care. The |
|
|
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LRB095 06600 RLC 49228 a |
|
| 1 |
| court, on the request of petitioner or on its own
| 2 |
| motion, may order respondent to provide suitable, | 3 |
| accessible, alternate housing
for petitioner instead | 4 |
| of excluding respondent from a mutual residence or
| 5 |
| household.
| 6 |
| (3) Stay away order and additional prohibitions.
Order | 7 |
| respondent to stay away from petitioner or any other person
| 8 |
| protected by the order of protection, or prohibit | 9 |
| respondent from entering
or remaining present at | 10 |
| petitioner's school, place of employment, or other
| 11 |
| specified places at times when petitioner is present, or | 12 |
| both, if
reasonable, given the balance of hardships. | 13 |
| Hardships need not be balanced for
the court to enter a | 14 |
| stay away order or prohibit entry if respondent has no
| 15 |
| right to enter the premises.
| 16 |
| If an order of protection grants petitioner exclusive | 17 |
| possession
of the residence, or prohibits respondent from | 18 |
| entering the residence,
or orders respondent to stay away | 19 |
| from petitioner or other
protected persons, then the court | 20 |
| may allow respondent access to the
residence to remove | 21 |
| items of clothing and personal adornment
used exclusively | 22 |
| by respondent, medications, and other items as the court
| 23 |
| directs. The right to access shall be exercised on only one | 24 |
| occasion as the
court directs and in the presence of an | 25 |
| agreed-upon adult third party or law
enforcement officer.
| 26 |
| (4) Counseling. Require or recommend the respondent to |
|
|
|
09500HB3038ham001 |
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LRB095 06600 RLC 49228 a |
|
| 1 |
| undergo
counseling for a specified duration with a social | 2 |
| worker, psychologist,
clinical psychologist, psychiatrist, | 3 |
| family service agency, alcohol or
substance abuse program, | 4 |
| mental health center guidance counselor, agency
providing | 5 |
| services to elders, program designed for domestic violence
| 6 |
| abusers or any other guidance service the court deems | 7 |
| appropriate.
| 8 |
| (5) Physical care and possession of the minor child. In | 9 |
| order to protect
the minor child from abuse, neglect, or | 10 |
| unwarranted separation from the person
who has been the | 11 |
| minor child's primary caretaker, or to otherwise protect | 12 |
| the
well-being of the minor child, the court may do either | 13 |
| or both of the
following: (i) grant petitioner physical | 14 |
| care or possession of the minor child,
or both, or (ii) | 15 |
| order respondent to return a minor child to, or not remove | 16 |
| a
minor child from, the physical care of a parent or person | 17 |
| in loco parentis.
| 18 |
| If a court finds, after a hearing, that respondent has | 19 |
| committed abuse
(as defined in Section 103) of a minor | 20 |
| child, there shall be a
rebuttable presumption that | 21 |
| awarding physical care to respondent would not
be in the | 22 |
| minor child's best interest.
| 23 |
| (6) Temporary legal custody. Award temporary legal | 24 |
| custody to petitioner
in accordance with this Section, the | 25 |
| Illinois Marriage and Dissolution of
Marriage Act, the | 26 |
| Illinois Parentage Act of 1984, and this State's Uniform
|
|
|
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LRB095 06600 RLC 49228 a |
|
| 1 |
| Child-Custody Jurisdiction and Enforcement Act.
| 2 |
| If a court finds, after a hearing, that respondent has | 3 |
| committed abuse (as
defined in Section 103) of a minor | 4 |
| child, there shall be a rebuttable
presumption that | 5 |
| awarding temporary legal custody to respondent would not be | 6 |
| in
the child's best interest.
| 7 |
| (7) Visitation. Determine the visitation rights, if | 8 |
| any, of respondent in
any case in which the court awards | 9 |
| physical care or temporary legal custody of
a minor child | 10 |
| to petitioner. The court shall restrict or deny | 11 |
| respondent's
visitation with a minor child if the court | 12 |
| finds that respondent has done or is
likely to do any of | 13 |
| the following: (i) abuse or endanger the minor child during
| 14 |
| visitation; (ii) use the visitation as an opportunity to | 15 |
| abuse or harass
petitioner or petitioner's family or | 16 |
| household members; (iii) improperly
conceal or detain the | 17 |
| minor child; or (iv) otherwise act in a manner that is
not | 18 |
| in the best interests of the minor child. The court shall | 19 |
| not be limited
by the standards set forth in Section 607.1 | 20 |
| of the Illinois Marriage and
Dissolution of Marriage Act. | 21 |
| If the court grants visitation, the order shall
specify | 22 |
| dates and times for the visitation to take place or other | 23 |
| specific
parameters or conditions that are appropriate. No | 24 |
| order for visitation shall
refer merely to the term | 25 |
| "reasonable visitation".
| 26 |
| Petitioner may deny respondent access to the minor |
|
|
|
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LRB095 06600 RLC 49228 a |
|
| 1 |
| child if, when
respondent arrives for visitation, | 2 |
| respondent is under the influence of drugs
or alcohol and | 3 |
| constitutes a threat to the safety and well-being of
| 4 |
| petitioner or petitioner's minor children or is behaving in | 5 |
| a violent or
abusive manner.
| 6 |
| If necessary to protect any member of petitioner's | 7 |
| family or
household from future abuse, respondent shall be | 8 |
| prohibited from coming to
petitioner's residence to meet | 9 |
| the minor child for visitation, and the
parties shall | 10 |
| submit to the court their recommendations for reasonable
| 11 |
| alternative arrangements for visitation. A person may be | 12 |
| approved to
supervise visitation only after filing an | 13 |
| affidavit accepting
that responsibility and acknowledging | 14 |
| accountability to the court.
| 15 |
| (8) Removal or concealment of minor child. Prohibit | 16 |
| respondent from
removing a minor child from the State or | 17 |
| concealing the child within the State.
| 18 |
| (9) Order to appear. Order the respondent to appear in | 19 |
| court, alone
or with a minor child, to prevent abuse, | 20 |
| neglect, removal or concealment of
the child, to return the | 21 |
| child to the custody or care of the petitioner or
to permit | 22 |
| any court-ordered interview or examination of the child or | 23 |
| the
respondent.
| 24 |
| (10) Possession of personal property. Grant petitioner | 25 |
| exclusive
possession of personal property and, if | 26 |
| respondent has possession or
control, direct respondent to |
|
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| promptly make it available to petitioner, if:
| 2 |
| (i) petitioner, but not respondent, owns the | 3 |
| property; or
| 4 |
| (ii) the parties own the property jointly; sharing | 5 |
| it would risk
abuse of petitioner by respondent or is | 6 |
| impracticable; and the balance of
hardships favors | 7 |
| temporary possession by petitioner.
| 8 |
| If petitioner's sole claim to ownership of the property | 9 |
| is that it is
marital property, the court may award | 10 |
| petitioner temporary possession
thereof under the | 11 |
| standards of subparagraph (ii) of this paragraph only if
a | 12 |
| proper proceeding has been filed under the Illinois | 13 |
| Marriage and
Dissolution of Marriage Act, as now or | 14 |
| hereafter amended.
| 15 |
| No order under this provision shall affect title to | 16 |
| property.
| 17 |
| (11) Protection of property. Forbid the respondent | 18 |
| from taking,
transferring, encumbering, concealing, | 19 |
| damaging or otherwise disposing of
any real or personal | 20 |
| property, except as explicitly authorized by the
court, if:
| 21 |
| (i) petitioner, but not respondent, owns the | 22 |
| property; or
| 23 |
| (ii) the parties own the property jointly,
and the | 24 |
| balance of hardships favors granting this remedy.
| 25 |
| If petitioner's sole claim to ownership of the property | 26 |
| is that it is
marital property, the court may grant |
|
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| petitioner relief under subparagraph
(ii) of this | 2 |
| paragraph only if a proper proceeding has been filed under | 3 |
| the
Illinois Marriage and Dissolution of Marriage Act, as | 4 |
| now or hereafter amended.
| 5 |
| The court may further prohibit respondent from | 6 |
| improperly using the
financial or other resources of an | 7 |
| aged member of the family or household
for the profit or | 8 |
| advantage of respondent or of any other person.
| 9 |
| (11.5) Protection of animals. Grant the petitioner the | 10 |
| exclusive care, custody, or control of any animal owned, | 11 |
| possessed, leased, kept, or held by either the petitioner | 12 |
| or the respondent or a minor child residing in the | 13 |
| residence or household of either the petitioner or the | 14 |
| respondent and order the respondent to stay away from the | 15 |
| animal and forbid the respondent from taking, | 16 |
| transferring, encumbering, concealing, harming, or | 17 |
| otherwise disposing of the animal.
| 18 |
| (12) Order for payment of support. Order respondent to | 19 |
| pay temporary
support for the petitioner or any child in | 20 |
| the petitioner's care or
custody, when the respondent has a | 21 |
| legal obligation to support that person,
in accordance with | 22 |
| the Illinois Marriage and Dissolution
of Marriage Act, | 23 |
| which shall govern, among other matters, the amount of
| 24 |
| support, payment through the clerk and withholding of | 25 |
| income to secure
payment. An order for child support may be | 26 |
| granted to a petitioner with
lawful physical care or |
|
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| custody of a child, or an order or agreement for
physical | 2 |
| care or custody, prior to entry of an order for legal | 3 |
| custody.
Such a support order shall expire upon entry of a | 4 |
| valid order granting
legal custody to another, unless | 5 |
| otherwise provided in the custody order.
| 6 |
| (13) Order for payment of losses. Order respondent to | 7 |
| pay petitioner for
losses suffered as a direct result of | 8 |
| the abuse, neglect, or exploitation.
Such losses shall | 9 |
| include, but not be limited to, medical expenses, lost
| 10 |
| earnings or other support, repair or replacement of | 11 |
| property damaged or taken,
reasonable attorney's fees, | 12 |
| court costs and moving or other travel expenses,
including | 13 |
| additional reasonable expenses for temporary shelter and | 14 |
| restaurant
meals.
| 15 |
| (i) Losses affecting family needs. If a party is | 16 |
| entitled to seek
maintenance, child support or | 17 |
| property distribution from the other party
under the | 18 |
| Illinois Marriage and Dissolution of Marriage Act, as | 19 |
| now or
hereafter amended, the court may order | 20 |
| respondent to reimburse petitioner's
actual losses, to | 21 |
| the extent that such reimbursement would be | 22 |
| "appropriate
temporary relief", as authorized by | 23 |
| subsection (a)(3) of Section 501 of
that Act.
| 24 |
| (ii) Recovery of expenses. In the case of an | 25 |
| improper concealment
or removal of a minor child, the | 26 |
| court may order respondent to pay the
reasonable |
|
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| expenses incurred or to be incurred in the search for | 2 |
| and recovery
of the minor child, including but not | 3 |
| limited to legal fees, court costs,
private | 4 |
| investigator fees, and travel costs.
| 5 |
| (14) Prohibition of entry. Prohibit the respondent | 6 |
| from entering or
remaining in the residence or household | 7 |
| while the respondent is under the
influence of alcohol or | 8 |
| drugs and constitutes a threat to the safety and
well-being | 9 |
| of the petitioner or the petitioner's children.
| 10 |
| (14.5) Prohibition of firearm possession.
| 11 |
| (a) When a complaint is made
under a request for an | 12 |
| order of protection, that the respondent has | 13 |
| threatened
or is likely to use firearms illegally | 14 |
| against the petitioner, and the
respondent is present | 15 |
| in court, or has failed to appear after receiving | 16 |
| actual
notice, the court shall examine on oath the | 17 |
| petitioner, and any witnesses who
may be produced. If | 18 |
| the court is satisfied that there is any danger of the
| 19 |
| illegal use of firearms, it shall issue an order that | 20 |
| any firearms in the
possession of the respondent, | 21 |
| except as provided in subsection (b), be turned
over to | 22 |
| the local law enforcement agency
for safekeeping. If | 23 |
| the respondent has failed to appear, the court shall
| 24 |
| issue a warrant for seizure of any firearm in the | 25 |
| possession of the respondent.
The period of | 26 |
| safekeeping shall be for a stated period of time not to |
|
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| exceed 2
years. The firearm or firearms shall be | 2 |
| returned to the respondent at the end
of the stated | 3 |
| period or at expiration of the order of protection, | 4 |
| whichever is
sooner.
| 5 |
| (b) If the respondent is a peace officer as defined | 6 |
| in Section 2-13 of
the
Criminal Code of 1961, the court | 7 |
| shall order that any firearms used by the
respondent in | 8 |
| the performance of his or her duties as a
peace officer | 9 |
| be surrendered to
the chief law enforcement executive | 10 |
| of the agency in which the respondent is
employed, who | 11 |
| shall retain the firearms for safekeeping for the | 12 |
| stated period
not to exceed 2 years as set forth in the | 13 |
| court order.
| 14 |
| (15) Prohibition of access to records. If an order of | 15 |
| protection
prohibits respondent from having contact with | 16 |
| the minor child,
or if petitioner's address is omitted | 17 |
| under subsection (b) of
Section 203, or if necessary to | 18 |
| prevent abuse or wrongful removal or
concealment of a minor | 19 |
| child, the order shall deny respondent access to, and
| 20 |
| prohibit respondent from inspecting, obtaining, or | 21 |
| attempting to
inspect or obtain, school or any other | 22 |
| records of the minor child
who is in the care of | 23 |
| petitioner.
| 24 |
| (16) Order for payment of shelter services. Order | 25 |
| respondent to
reimburse a shelter providing temporary | 26 |
| housing and counseling services to
the petitioner for the |
|
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| cost of the services, as certified by the shelter
and | 2 |
| deemed reasonable by the court.
| 3 |
| (17) Order for injunctive relief. Enter injunctive | 4 |
| relief necessary
or appropriate to prevent further abuse of | 5 |
| a family or household member
or further abuse, neglect, or | 6 |
| exploitation of a high-risk adult with
disabilities or to | 7 |
| effectuate one of the granted remedies, if supported by the
| 8 |
| balance of hardships. If the harm to be prevented by the | 9 |
| injunction is abuse
or any other harm that one of the | 10 |
| remedies listed in paragraphs (1) through
(16) of this | 11 |
| subsection is designed to prevent, no further evidence is
| 12 |
| necessary that the harm is an irreparable injury.
| 13 |
| (18) Order for attendance at partner abuse | 14 |
| intervention programs. Order the respondent to attend and | 15 |
| complete partner abuse intervention programs per protocols | 16 |
| set by the Illinois Department of Human Services under such | 17 |
| terms and conditions as the court may direct. | 18 |
| (c) Relevant factors; findings.
| 19 |
| (1) In determining whether to grant a specific remedy, | 20 |
| other than
payment of support, the court shall consider
| 21 |
| relevant factors, including but not limited to the | 22 |
| following:
| 23 |
| (i) the nature, frequency, severity, pattern and | 24 |
| consequences of the
respondent's past abuse, neglect | 25 |
| or exploitation of the petitioner or
any family or | 26 |
| household member, including the concealment of his or |
|
|
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| her
location in order to evade service of process or | 2 |
| notice, and the likelihood of
danger of future abuse, | 3 |
| neglect, or exploitation to petitioner or any member of
| 4 |
| petitioner's or respondent's family or household; and
| 5 |
| (ii) the danger that any minor child will be abused | 6 |
| or neglected or
improperly removed from the | 7 |
| jurisdiction, improperly concealed within the
State or | 8 |
| improperly separated from the child's primary | 9 |
| caretaker.
| 10 |
| (2) In comparing relative hardships resulting to the | 11 |
| parties from loss
of possession of the family home, the | 12 |
| court shall consider relevant
factors, including but not | 13 |
| limited to the following:
| 14 |
| (i) availability, accessibility, cost, safety, | 15 |
| adequacy, location and
other characteristics of | 16 |
| alternate housing for each party and any minor child
or | 17 |
| dependent adult in the party's care;
| 18 |
| (ii) the effect on the party's employment; and
| 19 |
| (iii) the effect on the relationship of the party, | 20 |
| and any minor
child or dependent adult in the party's | 21 |
| care, to family, school, church
and community.
| 22 |
| (3) Subject to the exceptions set forth in paragraph | 23 |
| (4) of this
subsection, the court shall make its findings | 24 |
| in an official record or in
writing, and shall at a minimum | 25 |
| set forth the following:
| 26 |
| (i) That the court has considered the applicable |
|
|
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| relevant factors
described in paragraphs (1) and (2) of | 2 |
| this subsection.
| 3 |
| (ii) Whether the conduct or actions of respondent, | 4 |
| unless
prohibited, will likely cause irreparable harm | 5 |
| or continued abuse.
| 6 |
| (iii) Whether it is necessary to grant the | 7 |
| requested relief in order
to protect petitioner or | 8 |
| other alleged abused persons.
| 9 |
| (4) For purposes of issuing an ex parte emergency order | 10 |
| of protection,
the court, as an alternative to or as a | 11 |
| supplement to making the findings
described in paragraphs | 12 |
| (c)(3)(i) through (c)(3)(iii) of this subsection, may
use | 13 |
| the following procedure:
| 14 |
| When a verified petition for an emergency order of | 15 |
| protection in
accordance with the requirements of Sections | 16 |
| 203 and 217 is
presented to the court, the court shall | 17 |
| examine petitioner on oath or
affirmation. An emergency | 18 |
| order of protection shall be issued by the court
if it | 19 |
| appears from the contents of the petition and the | 20 |
| examination of
petitioner that the averments are | 21 |
| sufficient to indicate abuse by
respondent and to support | 22 |
| the granting of relief under the issuance of the
emergency | 23 |
| order of protection.
| 24 |
| (5) Never married parties. No rights or | 25 |
| responsibilities for a minor
child born outside of marriage | 26 |
| attach to a putative father until a father and
child |
|
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| relationship has been established under the Illinois | 2 |
| Parentage Act of
1984, the Illinois Public Aid Code, | 3 |
| Section 12 of the Vital Records Act, the
Juvenile Court Act | 4 |
| of 1987, the Probate Act of 1985, the Revised Uniform
| 5 |
| Reciprocal Enforcement of Support Act, the Uniform | 6 |
| Interstate Family Support
Act, the Expedited Child Support | 7 |
| Act of 1990, any judicial, administrative, or
other act of | 8 |
| another state or territory, any other Illinois statute, or | 9 |
| by any
foreign nation establishing the father and child | 10 |
| relationship, any other
proceeding substantially in | 11 |
| conformity with the Personal Responsibility and
Work | 12 |
| Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | 13 |
| or where both
parties appeared in open court or at an | 14 |
| administrative hearing acknowledging
under
oath or | 15 |
| admitting by affirmation the existence of a father and | 16 |
| child
relationship.
Absent such an adjudication, finding, | 17 |
| or acknowledgement, no putative
father shall be granted
| 18 |
| temporary custody of the minor child, visitation with the | 19 |
| minor child, or
physical care and possession of the minor | 20 |
| child, nor shall an order of payment
for support of the | 21 |
| minor child be entered.
| 22 |
| (d) Balance of hardships; findings. If the court finds that | 23 |
| the balance
of hardships does not support the granting of a | 24 |
| remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 25 |
| subsection (b) of this Section,
which may require such | 26 |
| balancing, the court's findings shall so
indicate and shall |
|
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|
| 1 |
| include a finding as to whether granting the remedy will
result | 2 |
| in hardship to respondent that would substantially outweigh the | 3 |
| hardship
to petitioner from denial of the remedy. The findings | 4 |
| shall be an official
record or in writing.
| 5 |
| (e) Denial of remedies. Denial of any remedy shall not be | 6 |
| based, in
whole or in part, on evidence that:
| 7 |
| (1) Respondent has cause for any use of force, unless | 8 |
| that cause
satisfies the standards for justifiable use of | 9 |
| force provided by Article
VII of the Criminal Code of 1961;
| 10 |
| (2) Respondent was voluntarily intoxicated;
| 11 |
| (3) Petitioner acted in self-defense or defense of | 12 |
| another, provided
that, if petitioner utilized force, such | 13 |
| force was justifiable under
Article VII of the Criminal | 14 |
| Code of 1961;
| 15 |
| (4) Petitioner did not act in self-defense or defense | 16 |
| of another;
| 17 |
| (5) Petitioner left the residence or household to avoid | 18 |
| further abuse,
neglect, or exploitation by respondent;
| 19 |
| (6) Petitioner did not leave the residence or household | 20 |
| to avoid further
abuse, neglect, or exploitation by | 21 |
| respondent;
| 22 |
| (7) Conduct by any family or household member excused | 23 |
| the abuse,
neglect, or exploitation by respondent, unless | 24 |
| that same conduct would have
excused such abuse, neglect, | 25 |
| or exploitation if the parties had not been
family or | 26 |
| household members.
|
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| 1 |
| (Source: P.A. 95-234, eff. 1-1-08.)".
|
|