Full Text of HB0681 103rd General Assembly
HB0681sam004 103RD GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/24/2024 | | 10300HB0681sam004 | | LRB103 04272 RLC 74133 a |
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| 1 | | AMENDMENT TO HOUSE BILL 681
| 2 | | AMENDMENT NO. ______. Amend House Bill 681, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 2, on page 53, immediately below line 3, by inserting the | 5 | | following: | 6 | | "Section 20. The Illinois Domestic Violence Act of 1986 is | 7 | | amended by changing Section 214 as follows: | 8 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14) | 9 | | Sec. 214. Order of protection; remedies. | 10 | | (a) Issuance of order. If the court finds that petitioner | 11 | | has been abused by a family or household member or that | 12 | | petitioner is a high-risk adult who has been abused, | 13 | | neglected, or exploited, as defined in this Act, an order of | 14 | | protection prohibiting the abuse, neglect, or exploitation | 15 | | shall issue; provided that petitioner must also satisfy the | 16 | | requirements of one of the following Sections, as appropriate: |
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| 1 | | Section 217 on emergency orders, Section 218 on interim | 2 | | orders, or Section 219 on plenary orders. Petitioner shall not | 3 | | be denied an order of protection because petitioner or | 4 | | respondent is a minor. The court, when determining whether or | 5 | | not to issue an order of protection, shall not require | 6 | | physical manifestations of abuse on the person of the victim. | 7 | | Modification and extension of prior orders of protection shall | 8 | | be in accordance with this Act. | 9 | | (b) Remedies and standards. The remedies to be included in | 10 | | an order of protection shall be determined in accordance with | 11 | | this Section and one of the following Sections, as | 12 | | appropriate: Section 217 on emergency orders, Section 218 on | 13 | | interim orders, and Section 219 on plenary orders. The | 14 | | remedies listed in this subsection shall be in addition to | 15 | | other civil or criminal remedies available to petitioner. | 16 | | (1) Prohibition of abuse, neglect, or exploitation. | 17 | | Prohibit respondent's harassment, interference with | 18 | | personal liberty, intimidation of a dependent, physical | 19 | | abuse, or willful deprivation, neglect or exploitation, as | 20 | | defined in this Act, or stalking of the petitioner, as | 21 | | defined in Section 12-7.3 of the Criminal Code of 2012, if | 22 | | such abuse, neglect, exploitation, or stalking has | 23 | | occurred or otherwise appears likely to occur if not | 24 | | prohibited. | 25 | | (2) Grant of exclusive possession of residence. | 26 | | Prohibit respondent from entering or remaining in any |
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| 1 | | residence, household, or premises of the petitioner, | 2 | | including one owned or leased by respondent, if petitioner | 3 | | has a right to occupancy thereof. The grant of exclusive | 4 | | possession of the residence, household, or premises shall | 5 | | not affect title to real property, nor shall the court be | 6 | | limited by the standard set forth in subsection (c-2) of | 7 | | Section 501 of the Illinois Marriage and Dissolution of | 8 | | Marriage Act. | 9 | | (A) Right to occupancy. A party has a right to | 10 | | occupancy of a residence or household if it is solely | 11 | | or jointly owned or leased by that party, that party's | 12 | | spouse, a person with a legal duty to support that | 13 | | party or a minor child in that party's care, or by any | 14 | | person or entity other than the opposing party that | 15 | | authorizes that party's occupancy (e.g., a domestic | 16 | | violence shelter). Standards set forth in subparagraph | 17 | | (B) shall not preclude equitable relief. | 18 | | (B) Presumption of hardships. If petitioner and | 19 | | respondent each has the right to occupancy of a | 20 | | residence or household, the court shall balance (i) | 21 | | the hardships to respondent and any minor child or | 22 | | dependent adult in respondent's care resulting from | 23 | | entry of this remedy with (ii) the hardships to | 24 | | petitioner and any minor child or dependent adult in | 25 | | petitioner's care resulting from continued exposure to | 26 | | the risk of abuse (should petitioner remain at the |
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| 1 | | residence or household) or from loss of possession of | 2 | | the residence or household (should petitioner leave to | 3 | | avoid the risk of abuse). When determining the balance | 4 | | of hardships, the court shall also take into account | 5 | | the accessibility of the residence or household. | 6 | | Hardships need not be balanced if respondent does not | 7 | | have a right to occupancy. | 8 | | The balance of hardships is presumed to favor | 9 | | possession by petitioner unless the presumption is | 10 | | rebutted by a preponderance of the evidence, showing | 11 | | that the hardships to respondent substantially | 12 | | outweigh the hardships to petitioner and any minor | 13 | | child or dependent adult in petitioner's care. The | 14 | | court, on the request of petitioner or on its own | 15 | | motion, may order respondent to provide suitable, | 16 | | accessible, alternate housing for petitioner instead | 17 | | of excluding respondent from a mutual residence or | 18 | | household. | 19 | | (3) Stay away order and additional prohibitions. Order | 20 | | respondent to stay away from petitioner or any other | 21 | | person protected by the order of protection, or prohibit | 22 | | respondent from entering or remaining present at | 23 | | petitioner's school, place of employment, or other | 24 | | specified places at times when petitioner is present, or | 25 | | both, if reasonable, given the balance of hardships. | 26 | | Hardships need not be balanced for the court to enter a |
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| 1 | | stay away order or prohibit entry if respondent has no | 2 | | right to enter the premises. | 3 | | (A) If an order of protection grants petitioner | 4 | | exclusive possession of the residence, or prohibits | 5 | | respondent from entering the residence, or orders | 6 | | respondent to stay away from petitioner or other | 7 | | protected persons, then the court may allow respondent | 8 | | access to the residence to remove items of clothing | 9 | | and personal adornment used exclusively by respondent, | 10 | | medications, and other items as the court directs. The | 11 | | right to access shall be exercised on only one | 12 | | occasion as the court directs and in the presence of an | 13 | | agreed-upon adult third party or law enforcement | 14 | | officer. | 15 | | (B) When the petitioner and the respondent attend | 16 | | the same public, private, or non-public elementary, | 17 | | middle, or high school, the court when issuing an | 18 | | order of protection and providing relief shall | 19 | | consider the severity of the act, any continuing | 20 | | physical danger or emotional distress to the | 21 | | petitioner, the educational rights guaranteed to the | 22 | | petitioner and respondent under federal and State law, | 23 | | the availability of a transfer of the respondent to | 24 | | another school, a change of placement or a change of | 25 | | program of the respondent, the expense, difficulty, | 26 | | and educational disruption that would be caused by a |
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| 1 | | transfer of the respondent to another school, and any | 2 | | other relevant facts of the case. The court may order | 3 | | that the respondent not attend the public, private, or | 4 | | non-public elementary, middle, or high school attended | 5 | | by the petitioner, order that the respondent accept a | 6 | | change of placement or change of program, as | 7 | | determined by the school district or private or | 8 | | non-public school, or place restrictions on the | 9 | | respondent's movements within the school attended by | 10 | | the petitioner. The respondent bears the burden of | 11 | | proving by a preponderance of the evidence that a | 12 | | transfer, change of placement, or change of program of | 13 | | the respondent is not available. The respondent also | 14 | | bears the burden of production with respect to the | 15 | | expense, difficulty, and educational disruption that | 16 | | would be caused by a transfer of the respondent to | 17 | | another school. A transfer, change of placement, or | 18 | | change of program is not unavailable to the respondent | 19 | | solely on the ground that the respondent does not | 20 | | agree with the school district's or private or | 21 | | non-public school's transfer, change of placement, or | 22 | | change of program or solely on the ground that the | 23 | | respondent fails or refuses to consent or otherwise | 24 | | does not take an action required to effectuate a | 25 | | transfer, change of placement, or change of program. | 26 | | When a court orders a respondent to stay away from the |
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| 1 | | public, private, or non-public school attended by the | 2 | | petitioner and the respondent requests a transfer to | 3 | | another attendance center within the respondent's | 4 | | school district or private or non-public school, the | 5 | | school district or private or non-public school shall | 6 | | have sole discretion to determine the attendance | 7 | | center to which the respondent is transferred. In the | 8 | | event the court order results in a transfer of the | 9 | | minor respondent to another attendance center, a | 10 | | change in the respondent's placement, or a change of | 11 | | the respondent's program, the parents, guardian, or | 12 | | legal custodian of the respondent is responsible for | 13 | | transportation and other costs associated with the | 14 | | transfer or change. | 15 | | (C) The court may order the parents, guardian, or | 16 | | legal custodian of a minor respondent to take certain | 17 | | actions or to refrain from taking certain actions to | 18 | | ensure that the respondent complies with the order. In | 19 | | the event the court orders a transfer of the | 20 | | respondent to another school, the parents, guardian, | 21 | | or legal custodian of the respondent is responsible | 22 | | for transportation and other costs associated with the | 23 | | change of school by the respondent. | 24 | | (4) Counseling. Require or recommend the respondent to | 25 | | undergo counseling for a specified duration with a social | 26 | | worker, psychologist, clinical psychologist, |
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| 1 | | psychiatrist, family service agency, alcohol or substance | 2 | | abuse program, mental health center guidance counselor, | 3 | | agency providing services to elders, program designed for | 4 | | domestic violence abusers or any other guidance service | 5 | | the court deems appropriate. The Court may order the | 6 | | respondent in any intimate partner relationship to report | 7 | | to an Illinois Department of Human Services protocol | 8 | | approved partner abuse intervention program for an | 9 | | assessment and to follow all recommended treatment. | 10 | | (5) Physical care and possession of the minor child. | 11 | | In order to protect the minor child from abuse, neglect, | 12 | | or unwarranted separation from the person who has been the | 13 | | minor child's primary caretaker, or to otherwise protect | 14 | | the well-being of the minor child, the court may do either | 15 | | or both of the following: (i) grant petitioner physical | 16 | | care or possession of the minor child, or both, or (ii) | 17 | | order respondent to return a minor child to, or not remove | 18 | | a minor child from, the physical care of a parent or person | 19 | | in loco parentis. | 20 | | If a court finds, after a hearing, that respondent has | 21 | | committed abuse (as defined in Section 103) of a minor | 22 | | child, there shall be a rebuttable presumption that | 23 | | awarding physical care to respondent would not be in the | 24 | | minor child's best interest. | 25 | | (6) Temporary allocation of parental responsibilities: | 26 | | significant decision-making. Award temporary |
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| 1 | | decision-making responsibility to petitioner in accordance | 2 | | with this Section, the Illinois Marriage and Dissolution | 3 | | of Marriage Act, the Illinois Parentage Act of 2015, and | 4 | | this State's Uniform Child-Custody Jurisdiction and | 5 | | Enforcement Act. | 6 | | If a court finds, after a hearing, that respondent has | 7 | | committed abuse (as defined in Section 103) of a minor | 8 | | child, there shall be a rebuttable presumption that | 9 | | awarding temporary significant decision-making | 10 | | responsibility to respondent would not be in the child's | 11 | | best interest. | 12 | | (7) Parenting time. Determine the parenting time, if | 13 | | any, of respondent in any case in which the court awards | 14 | | physical care or allocates temporary significant | 15 | | decision-making responsibility of a minor child to | 16 | | petitioner. The court shall restrict or deny respondent's | 17 | | parenting time with a minor child if the court finds that | 18 | | respondent has done or is likely to do any of the | 19 | | following: (i) abuse or endanger the minor child during | 20 | | parenting time; (ii) use the parenting time as an | 21 | | opportunity to abuse or harass petitioner or petitioner's | 22 | | family or household members; (iii) improperly conceal or | 23 | | detain the minor child; or (iv) otherwise act in a manner | 24 | | that is not in the best interests of the minor child. The | 25 | | court shall not be limited by the standards set forth in | 26 | | Section 603.10 of the Illinois Marriage and Dissolution of |
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| 1 | | Marriage Act. If the court grants parenting time, the | 2 | | order shall specify dates and times for the parenting time | 3 | | to take place or other specific parameters or conditions | 4 | | that are appropriate. No order for parenting time shall | 5 | | refer merely to the term "reasonable parenting time". | 6 | | Petitioner may deny respondent access to the minor | 7 | | child if, when respondent arrives for parenting time, | 8 | | respondent is under the influence of drugs or alcohol and | 9 | | constitutes a threat to the safety and well-being of | 10 | | petitioner or petitioner's minor children or is behaving | 11 | | in a violent or abusive manner. | 12 | | If necessary to protect any member of petitioner's | 13 | | family or household from future abuse, respondent shall be | 14 | | prohibited from coming to petitioner's residence to meet | 15 | | the minor child for parenting time, and the parties shall | 16 | | submit to the court their recommendations for reasonable | 17 | | alternative arrangements for parenting time. A person may | 18 | | be approved to supervise parenting time only after filing | 19 | | an affidavit accepting that responsibility and | 20 | | acknowledging accountability to the court. | 21 | | (8) Removal or concealment of minor child. Prohibit | 22 | | respondent from removing a minor child from the State or | 23 | | concealing the child within the State. | 24 | | (9) Order to appear. Order the respondent to appear in | 25 | | court, alone or with a minor child, to prevent abuse, | 26 | | neglect, removal or concealment of the child, to return |
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| 1 | | the child to the custody or care of the petitioner or to | 2 | | permit any court-ordered interview or examination of the | 3 | | child or the respondent. | 4 | | (10) Possession of personal property. Grant petitioner | 5 | | exclusive possession of personal property and, if | 6 | | respondent has possession or control, direct respondent to | 7 | | promptly make it available to petitioner, if: | 8 | | (i) petitioner, but not respondent, owns the | 9 | | property; or | 10 | | (ii) the parties own the property jointly; sharing | 11 | | it would risk abuse of petitioner by respondent or is | 12 | | impracticable; and the balance of hardships favors | 13 | | temporary possession by petitioner. | 14 | | If petitioner's sole claim to ownership of the | 15 | | property is that it is marital property, the court may | 16 | | award petitioner temporary possession thereof under the | 17 | | standards of subparagraph (ii) of this paragraph only if a | 18 | | proper proceeding has been filed under the Illinois | 19 | | Marriage and Dissolution of Marriage Act, as now or | 20 | | hereafter amended. | 21 | | No order under this provision shall affect title to | 22 | | property. | 23 | | (11) Protection of property. Forbid the respondent | 24 | | from taking, transferring, encumbering, concealing, | 25 | | damaging or otherwise disposing of any real or personal | 26 | | property, except as explicitly authorized by the court, |
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| 1 | | if: | 2 | | (i) petitioner, but not respondent, owns the | 3 | | property; or | 4 | | (ii) the parties own the property jointly, and the | 5 | | balance of hardships favors granting this remedy. | 6 | | If petitioner's sole claim to ownership of the | 7 | | property is that it is marital property, the court may | 8 | | grant petitioner relief under subparagraph (ii) of this | 9 | | paragraph only if a proper proceeding has been filed under | 10 | | the Illinois Marriage and Dissolution of Marriage Act, as | 11 | | now or hereafter amended. | 12 | | The court may further prohibit respondent from | 13 | | improperly using the financial or other resources of an | 14 | | aged member of the family or household for the profit or | 15 | | advantage of respondent or of any other person. | 16 | | (11.5) Protection of animals. Grant the petitioner the | 17 | | exclusive care, custody, or control of any animal owned, | 18 | | possessed, leased, kept, or held by either the petitioner | 19 | | or the respondent or a minor child residing in the | 20 | | residence or household of either the petitioner or the | 21 | | respondent and order the respondent to stay away from the | 22 | | animal and forbid the respondent from taking, | 23 | | transferring, encumbering, concealing, harming, or | 24 | | otherwise disposing of the animal. | 25 | | (12) Order for payment of support. Order respondent to | 26 | | pay temporary support for the petitioner or any child in |
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| 1 | | the petitioner's care or over whom the petitioner has been | 2 | | allocated parental responsibility, when the respondent has | 3 | | a legal obligation to support that person, in accordance | 4 | | with the Illinois Marriage and Dissolution of Marriage | 5 | | Act, which shall govern, among other matters, the amount | 6 | | of support, payment through the clerk and withholding of | 7 | | income to secure payment. An order for child support may | 8 | | be granted to a petitioner with lawful physical care of a | 9 | | child, or an order or agreement for physical care of a | 10 | | child, prior to entry of an order allocating significant | 11 | | decision-making responsibility. Such a support order shall | 12 | | expire upon entry of a valid order allocating parental | 13 | | responsibility differently and vacating the petitioner's | 14 | | significant decision-making authority, unless otherwise | 15 | | provided in the order. | 16 | | (13) Order for payment of losses. Order respondent to | 17 | | pay petitioner for losses suffered as a direct result of | 18 | | the abuse, neglect, or exploitation. Such losses shall | 19 | | include, but not be limited to, medical expenses, lost | 20 | | earnings or other support, repair or replacement of | 21 | | property damaged or taken, reasonable attorney's fees, | 22 | | court costs and moving or other travel expenses, including | 23 | | additional reasonable expenses for temporary shelter and | 24 | | restaurant meals. | 25 | | (i) Losses affecting family needs. If a party is | 26 | | entitled to seek maintenance, child support or |
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| 1 | | property distribution from the other party under the | 2 | | Illinois Marriage and Dissolution of Marriage Act, as | 3 | | now or hereafter amended, the court may order | 4 | | respondent to reimburse petitioner's actual losses, to | 5 | | the extent that such reimbursement would be | 6 | | "appropriate temporary relief", as authorized by | 7 | | subsection (a)(3) of Section 501 of that Act. | 8 | | (ii) Recovery of expenses. In the case of an | 9 | | improper concealment or removal of a minor child, the | 10 | | court may order respondent to pay the reasonable | 11 | | expenses incurred or to be incurred in the search for | 12 | | and recovery of the minor child, including but not | 13 | | limited to legal fees, court costs, private | 14 | | investigator fees, and travel costs. | 15 | | (14) Prohibition of entry. Prohibit the respondent | 16 | | from entering or remaining in the residence or household | 17 | | while the respondent is under the influence of alcohol or | 18 | | drugs and constitutes a threat to the safety and | 19 | | well-being of the petitioner or the petitioner's children. | 20 | | (14.5) Prohibition of firearm possession. | 21 | | (a) Prohibit a respondent against whom an order of | 22 | | protection was issued from possessing any firearms | 23 | | during the duration of the order if the order: | 24 | | (1) was issued after a hearing of which such | 25 | | person received actual notice, and at which such | 26 | | person had an opportunity to participate; |
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| 1 | | (2) restrains such person from harassing, | 2 | | stalking, or threatening an intimate partner of | 3 | | such person or child of such intimate partner or | 4 | | person, or engaging in other conduct that would | 5 | | place an intimate partner in reasonable fear of | 6 | | bodily injury to the partner or child; and | 7 | | (3)(i) includes a finding that such person | 8 | | represents a credible threat to the physical | 9 | | safety of such intimate partner or child; or (ii) | 10 | | by its terms explicitly prohibits the use, | 11 | | attempted use, or threatened use of physical force | 12 | | against such intimate partner or child that would | 13 | | reasonably be expected to cause bodily injury. | 14 | | Any Firearm Owner's Identification Card in the | 15 | | possession of the respondent, except as provided in | 16 | | subsection (b), shall be ordered by the court to be | 17 | | turned over to the local law enforcement agency. The | 18 | | local law enforcement agency shall immediately mail | 19 | | the card to the Illinois State Police Firearm Owner's | 20 | | Identification Card Office for safekeeping. The court | 21 | | shall issue a warrant for seizure of any firearm in the | 22 | | possession of the respondent, to be kept by the local | 23 | | law enforcement agency for safekeeping, except as | 24 | | provided in subsection (b). The period of safekeeping | 25 | | shall be for the duration of the order of protection. | 26 | | The firearm or firearms and Firearm Owner's |
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| 1 | | Identification Card, if unexpired, shall at the | 2 | | respondent's request, be returned to the respondent at | 3 | | the end of the order of protection. It is the | 4 | | respondent's responsibility to notify the Illinois | 5 | | State Police Firearm Owner's Identification Card | 6 | | Office. | 7 | | (b) If the respondent is a peace officer as | 8 | | defined in Section 2-13 of the Criminal Code of 2012, | 9 | | the court shall order that any firearms used by the | 10 | | respondent in the performance of his or her duties as a | 11 | | peace officer be surrendered to the chief law | 12 | | enforcement executive of the agency in which the | 13 | | respondent is employed, who shall retain the firearms | 14 | | for safekeeping for the duration of the order of | 15 | | protection. | 16 | | (c) Upon expiration of the period of safekeeping, | 17 | | if the firearms or Firearm Owner's Identification Card | 18 | | cannot be returned to respondent because respondent | 19 | | cannot be located, fails to respond to requests to | 20 | | retrieve the firearms, or is not lawfully eligible to | 21 | | possess a firearm, upon petition from the local law | 22 | | enforcement agency, the court may order the local law | 23 | | enforcement agency to destroy the firearms, use the | 24 | | firearms for training purposes, or for any other | 25 | | application as deemed appropriate by the local law | 26 | | enforcement agency; or that the firearms be turned |
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| 1 | | over to a third party who is lawfully eligible to | 2 | | possess firearms, and who does not reside with | 3 | | respondent. | 4 | | (15) Prohibition of access to records. If an order of | 5 | | protection prohibits respondent from having contact with | 6 | | the minor child, or if petitioner's address is omitted | 7 | | under subsection (b) of Section 203, or if necessary to | 8 | | prevent abuse or wrongful removal or concealment of a | 9 | | minor child, the order shall deny respondent access to, | 10 | | and prohibit respondent from inspecting, obtaining, or | 11 | | attempting to inspect or obtain, school or any other | 12 | | records of the minor child who is in the care of | 13 | | petitioner. | 14 | | (16) Order for payment of shelter services. Order | 15 | | respondent to reimburse a shelter providing temporary | 16 | | housing and counseling services to the petitioner for the | 17 | | cost of the services, as certified by the shelter and | 18 | | deemed reasonable by the court. | 19 | | (17) Order for injunctive relief. Enter injunctive | 20 | | relief necessary or appropriate to prevent further abuse | 21 | | of a family or household member or further abuse, neglect, | 22 | | or exploitation of a high-risk adult with disabilities or | 23 | | to effectuate one of the granted remedies, if supported by | 24 | | the balance of hardships. If the harm to be prevented by | 25 | | the injunction is abuse or any other harm that one of the | 26 | | remedies listed in paragraphs (1) through (16) of this |
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| 1 | | subsection is designed to prevent, no further evidence is | 2 | | necessary that the harm is an irreparable injury. | 3 | | (18) Telephone services. | 4 | | (A) Unless a condition described in subparagraph | 5 | | (B) of this paragraph exists, the court may, upon | 6 | | request by the petitioner, order a wireless telephone | 7 | | service provider to transfer to the petitioner the | 8 | | right to continue to use a telephone number or numbers | 9 | | indicated by the petitioner and the financial | 10 | | responsibility associated with the number or numbers, | 11 | | as set forth in subparagraph (C) of this paragraph. | 12 | | For purposes of this paragraph (18), the term | 13 | | "wireless telephone service provider" means a provider | 14 | | of commercial mobile service as defined in 47 U.S.C. | 15 | | 332. The petitioner may request the transfer of each | 16 | | telephone number that the petitioner, or a minor child | 17 | | in his or her custody, uses. The clerk of the court | 18 | | shall serve the order on the wireless telephone | 19 | | service provider's agent for service of process | 20 | | provided to the Illinois Commerce Commission. The | 21 | | order shall contain all of the following: | 22 | | (i) The name and billing telephone number of | 23 | | the account holder including the name of the | 24 | | wireless telephone service provider that serves | 25 | | the account. | 26 | | (ii) Each telephone number that will be |
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| 1 | | transferred. | 2 | | (iii) A statement that the provider transfers | 3 | | to the petitioner all financial responsibility for | 4 | | and right to the use of any telephone number | 5 | | transferred under this paragraph. | 6 | | (B) A wireless telephone service provider shall | 7 | | terminate the respondent's use of, and shall transfer | 8 | | to the petitioner use of, the telephone number or | 9 | | numbers indicated in subparagraph (A) of this | 10 | | paragraph unless it notifies the petitioner, within 72 | 11 | | hours after it receives the order, that one of the | 12 | | following applies: | 13 | | (i) The account holder named in the order has | 14 | | terminated the account. | 15 | | (ii) A difference in network technology would | 16 | | prevent or impair the functionality of a device on | 17 | | a network if the transfer occurs. | 18 | | (iii) The transfer would cause a geographic or | 19 | | other limitation on network or service provision | 20 | | to the petitioner. | 21 | | (iv) Another technological or operational | 22 | | issue would prevent or impair the use of the | 23 | | telephone number if the transfer occurs. | 24 | | (C) The petitioner assumes all financial | 25 | | responsibility for and right to the use of any | 26 | | telephone number transferred under this paragraph. In |
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| 1 | | this paragraph, "financial responsibility" includes | 2 | | monthly service costs and costs associated with any | 3 | | mobile device associated with the number. | 4 | | (D) A wireless telephone service provider may | 5 | | apply to the petitioner its routine and customary | 6 | | requirements for establishing an account or | 7 | | transferring a number, including requiring the | 8 | | petitioner to provide proof of identification, | 9 | | financial information, and customer preferences. | 10 | | (E) Except for willful or wanton misconduct, a | 11 | | wireless telephone service provider is immune from | 12 | | civil liability for its actions taken in compliance | 13 | | with a court order issued under this paragraph. | 14 | | (F) All wireless service providers that provide | 15 | | services to residential customers shall provide to the | 16 | | Illinois Commerce Commission the name and address of | 17 | | an agent for service of orders entered under this | 18 | | paragraph (18). Any change in status of the registered | 19 | | agent must be reported to the Illinois Commerce | 20 | | Commission within 30 days of such change. | 21 | | (G) The Illinois Commerce Commission shall | 22 | | maintain the list of registered agents for service for | 23 | | each wireless telephone service provider on the | 24 | | Commission's website. The Commission may consult with | 25 | | wireless telephone service providers and the Circuit | 26 | | Court Clerks on the manner in which this information |
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| 1 | | is provided and displayed. | 2 | | (c) Relevant factors; findings. | 3 | | (1) In determining whether to grant a specific remedy, | 4 | | other than payment of support, the court shall consider | 5 | | relevant factors, including but not limited to the | 6 | | following: | 7 | | (i) the nature, frequency, severity, pattern and | 8 | | consequences of the respondent's past abuse, neglect | 9 | | or exploitation of the petitioner or any family or | 10 | | household member, including the concealment of his or | 11 | | her location in order to evade service of process or | 12 | | notice, and the likelihood of danger of future abuse, | 13 | | neglect, or exploitation to petitioner or any member | 14 | | of petitioner's or respondent's family or household; | 15 | | and | 16 | | (ii) the danger that any minor child will be | 17 | | abused or neglected or improperly relocated from the | 18 | | jurisdiction, improperly concealed within the State or | 19 | | improperly separated from the child's primary | 20 | | caretaker. | 21 | | (2) In comparing relative hardships resulting to the | 22 | | parties from loss of possession of the family home, the | 23 | | court shall consider relevant factors, including but not | 24 | | limited to the following: | 25 | | (i) availability, accessibility, cost, safety, | 26 | | adequacy, location and other characteristics of |
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| 1 | | alternate housing for each party and any minor child | 2 | | or dependent adult in the party's care; | 3 | | (ii) the effect on the party's employment; and | 4 | | (iii) the effect on the relationship of the party, | 5 | | and any minor child or dependent adult in the party's | 6 | | care, to family, school, church and community. | 7 | | (3) Subject to the exceptions set forth in paragraph | 8 | | (4) of this subsection, the court shall make its findings | 9 | | in an official record or in writing, and shall at a minimum | 10 | | set forth the following: | 11 | | (i) That the court has considered the applicable | 12 | | relevant factors described in paragraphs (1) and (2) | 13 | | of this subsection. | 14 | | (ii) Whether the conduct or actions of respondent, | 15 | | unless prohibited, will likely cause irreparable harm | 16 | | or continued abuse. | 17 | | (iii) Whether it is necessary to grant the | 18 | | requested relief in order to protect petitioner or | 19 | | other alleged abused persons. | 20 | | (4) For purposes of issuing an ex parte emergency | 21 | | order of protection, the court, as an alternative to or as | 22 | | a supplement to making the findings described in | 23 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this | 24 | | subsection, may use the following procedure: | 25 | | When a verified petition for an emergency order of | 26 | | protection in accordance with the requirements of Sections |
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| 1 | | 203 and 217 is presented to the court, the court shall | 2 | | examine petitioner on oath or affirmation. An emergency | 3 | | order of protection shall be issued by the court if it | 4 | | appears from the contents of the petition and the | 5 | | examination of petitioner that the averments are | 6 | | sufficient to indicate abuse by respondent and to support | 7 | | the granting of relief under the issuance of the emergency | 8 | | order of protection. | 9 | | (5) Never married parties. No rights or | 10 | | responsibilities for a minor child born outside of | 11 | | marriage attach to a putative father until a father and | 12 | | child relationship has been established under the Illinois | 13 | | Parentage Act of 1984, the Illinois Parentage Act of 2015, | 14 | | the Illinois Public Aid Code, Section 12 of the Vital | 15 | | Records Act, the Juvenile Court Act of 1987, the Probate | 16 | | Act of 1975, the Revised Uniform Reciprocal Enforcement of | 17 | | Support Act, the Uniform Interstate Family Support Act, | 18 | | the Expedited Child Support Act of 1990, any judicial, | 19 | | administrative, or other act of another state or | 20 | | territory, any other Illinois statute, or by any foreign | 21 | | nation establishing the father and child relationship, any | 22 | | other proceeding substantially in conformity with the | 23 | | Personal Responsibility and Work Opportunity | 24 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where | 25 | | both parties appeared in open court or at an | 26 | | administrative hearing acknowledging under oath or |
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| 1 | | admitting by affirmation the existence of a father and | 2 | | child relationship. Absent such an adjudication, finding, | 3 | | or acknowledgment, no putative father shall be granted | 4 | | temporary allocation of parental responsibilities, | 5 | | including parenting time with the minor child, or physical | 6 | | care and possession of the minor child, nor shall an order | 7 | | of payment for support of the minor child be entered. | 8 | | (d) Balance of hardships; findings. If the court finds | 9 | | that the balance of hardships does not support the granting of | 10 | | a remedy governed by paragraph (2), (3), (10), (11), or (16) of | 11 | | subsection (b) of this Section, which may require such | 12 | | balancing, the court's findings shall so indicate and shall | 13 | | include a finding as to whether granting the remedy will | 14 | | result in hardship to respondent that would substantially | 15 | | outweigh the hardship to petitioner from denial of the remedy. | 16 | | The findings shall be an official record or in writing. | 17 | | (e) Denial of remedies. Denial of any remedy shall not be | 18 | | based, in whole or in part, on evidence that: | 19 | | (1) Respondent has cause for any use of force, unless | 20 | | that cause satisfies the standards for justifiable use of | 21 | | force provided by Article 7 of the Criminal Code of 2012; | 22 | | (2) Respondent was voluntarily intoxicated; | 23 | | (3) Petitioner acted in self-defense or defense of | 24 | | another, provided that, if petitioner utilized force, such | 25 | | force was justifiable under Article 7 of the Criminal Code | 26 | | of 2012; |
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| 1 | | (4) Petitioner did not act in self-defense or defense | 2 | | of another; | 3 | | (5) Petitioner left the residence or household to | 4 | | avoid further abuse, neglect, or exploitation by | 5 | | respondent; | 6 | | (6) Petitioner did not leave the residence or | 7 | | household to avoid further abuse, neglect, or exploitation | 8 | | by respondent; | 9 | | (7) Conduct by any family or household member excused | 10 | | the abuse, neglect, or exploitation by respondent, unless | 11 | | that same conduct would have excused such abuse, neglect, | 12 | | or exploitation if the parties had not been family or | 13 | | household members. | 14 | | A petition for an order of protection may not be denied | 15 | | upon the basis that the petitioner or the respondent is | 16 | | incarcerated in a penal institution at the time of the filing | 17 | | of the petition. | 18 | | (Source: P.A. 102-538, eff. 8-20-21.)". |
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