SB2633 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2633

 

Introduced 11/3/2023, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 67/5
725 ILCS 5/112A-14  from Ch. 38, par. 112A-14
750 ILCS 60/214  from Ch. 40, par. 2312-14

    Amends the Firearms Restraining Order Act to include in the definition of "petitioner" an intimate partner. Amends the Protective Orders Article of the Code of Criminal Procedures of 1963 and the Illinois Domestic Violence Act of 1986. Provides that, if the petitioner seeks a court order prohibiting the respondent from possessing firearms, firearm ammunition, and firearm parts that could be assembled to make an operable firearm, the court shall immediately issue a search warrant directing seizure of firearms at the time an ex parte or final order of protection is issued, if the court finds, based on the facts presented that: (1) probable cause exists that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm; (2) probable cause exists to believe that the respondent poses a danger of causing personal injury to the petitioner or child by having in the respondent, custody or control, or by purchasing, possessing, or receiving a firearm, ammunition, or firearm parts that could be assembled to make an operable firearm and that the danger is imminent and present; and probable cause exists that firearms, ammunition, or firearm parts that could be assembled to make an operable firearm are located at the residence, vehicle, or other property of the respondent.


LRB103 34623 RLC 64893 b

 

 

A BILL FOR

 

SB2633LRB103 34623 RLC 64893 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearms Restraining Order Act is amended
5by changing Section 5 as follows:
 
6    (430 ILCS 67/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Family member of the respondent" means a spouse, former
9spouse, person with whom the respondent has a minor child in
10common, parent, child, or step-child of the respondent, any
11other person related by blood or present marriage to the
12respondent, or a person who shares a common dwelling with the
13respondent.
14    "Firearms restraining order" means an order issued by the
15court, prohibiting and enjoining a named person from having in
16his or her custody or control, purchasing, possessing, or
17receiving any firearms or ammunition, or removing firearm
18parts that could be assembled to make an operable firearm.
19    "Intimate partner" means a spouse, former spouse, a person
20with whom the respondent has or allegedly has a child in
21common, or a person with whom the respondent has or has had a
22dating or engagement relationship.
23    "Petitioner" means:

 

 

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1        (1) a family member of the respondent as defined in
2    this Act; or
3        (2) a law enforcement officer who files a petition
4    alleging that the respondent poses a danger of causing
5    personal injury to himself, herself, or another by having
6    in his or her custody or control, purchasing, possessing,
7    or receiving a firearm, ammunition, or firearm parts that
8    could be assembled to make an operable firearm or removing
9    firearm parts that could be assembled to make an operable
10    firearm; or .
11        (3) an intimate partner.
12    "Respondent" means the person alleged in the petition to
13pose a danger of causing personal injury to himself, herself,
14or another by having in his or her custody or control,
15purchasing, possessing, or receiving a firearm, ammunition, or
16firearm parts that could be assembled to make an operable
17firearm or removing firearm parts that could be assembled to
18make an operable firearm.
19(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
20    Section 10. The Code of Criminal Procedure of 1963 is
21amended by changing Section 112A-14 as follows:
 
22    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
23    Sec. 112A-14. Domestic violence order of protection;
24remedies.

 

 

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1    (a) (Blank).
2    (b) The court may order any of the remedies listed in this
3subsection (b). The remedies listed in this subsection (b)
4shall be in addition to other civil or criminal remedies
5available to petitioner.
6        (1) Prohibition of abuse. Prohibit respondent's
7    harassment, interference with personal liberty,
8    intimidation of a dependent, physical abuse, or willful
9    deprivation, as defined in this Article, if such abuse has
10    occurred or otherwise appears likely to occur if not
11    prohibited.
12        (2) Grant of exclusive possession of residence.
13    Prohibit respondent from entering or remaining in any
14    residence, household, or premises of the petitioner,
15    including one owned or leased by respondent, if petitioner
16    has a right to occupancy thereof. The grant of exclusive
17    possession of the residence, household, or premises shall
18    not affect title to real property, nor shall the court be
19    limited by the standard set forth in subsection (c-2) of
20    Section 501 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)
8        the 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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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
8    person protected by the domestic violence order of
9    protection, or prohibit respondent from entering or
10    remaining present at petitioner's school, place of
11    employment, or other specified places at times when
12    petitioner is present, or both, if reasonable, given the
13    balance of hardships. Hardships need not be balanced for
14    the court to enter a stay away order or prohibit entry if
15    respondent has no right to enter the premises.
16            (A) If a domestic violence order of protection
17        grants petitioner exclusive possession of the
18        residence, prohibits respondent from entering the
19        residence, or orders respondent to stay away from
20        petitioner or other protected persons, then the court
21        may allow respondent access to the residence to remove
22        items of clothing and personal adornment used
23        exclusively by respondent, medications, and other
24        items as the court directs. The right to access shall
25        be exercised on only one occasion as the court directs
26        and in the presence of an agreed-upon adult third

 

 

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1        party or law enforcement officer.
2            (B) When the petitioner and the respondent attend
3        the same public, private, or non-public elementary,
4        middle, or high school, the court when issuing a
5        domestic violence order of protection and providing
6        relief shall consider the severity of the act, any
7        continuing physical danger or emotional distress to
8        the petitioner, the educational rights guaranteed to
9        the petitioner and respondent under federal and State
10        law, the availability of a transfer of the respondent
11        to another school, a change of placement or a change of
12        program of the respondent, the expense, difficulty,
13        and educational disruption that would be caused by a
14        transfer of the respondent to another school, and any
15        other relevant facts of the case. The court may order
16        that the respondent not attend the public, private, or
17        non-public elementary, middle, or high school attended
18        by the petitioner, order that the respondent accept a
19        change of placement or change of program, as
20        determined by the school district or private or
21        non-public school, or place restrictions on the
22        respondent's movements within the school attended by
23        the petitioner. The respondent bears the burden of
24        proving by a preponderance of the evidence that a
25        transfer, change of placement, or change of program of
26        the respondent is not available. The respondent also

 

 

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1        bears the burden of production with respect to the
2        expense, difficulty, and educational disruption that
3        would be caused by a transfer of the respondent to
4        another school. A transfer, change of placement, or
5        change of program is not unavailable to the respondent
6        solely on the ground that the respondent does not
7        agree with the school district's or private or
8        non-public school's transfer, change of placement, or
9        change of program or solely on the ground that the
10        respondent fails or refuses to consent or otherwise
11        does not take an action required to effectuate a
12        transfer, change of placement, or change of program.
13        When a court orders a respondent to stay away from the
14        public, private, or non-public school attended by the
15        petitioner and the respondent requests a transfer to
16        another attendance center within the respondent's
17        school district or private or non-public school, the
18        school district or private or non-public school shall
19        have sole discretion to determine the attendance
20        center to which the respondent is transferred. If the
21        court order results in a transfer of the minor
22        respondent to another attendance center, a change in
23        the respondent's placement, or a change of the
24        respondent's program, the parents, guardian, or legal
25        custodian of the respondent is responsible for
26        transportation and other costs associated with the

 

 

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1        transfer or change.
2            (C) The court may order the parents, guardian, or
3        legal custodian of a minor respondent to take certain
4        actions or to refrain from taking certain actions to
5        ensure that the respondent complies with the order. If
6        the court orders a transfer of the respondent to
7        another school, the parents, guardian, or legal
8        custodian of the respondent is responsible for
9        transportation and other costs associated with the
10        change of school by the respondent.
11        (4) Counseling. Require or recommend the respondent to
12    undergo counseling for a specified duration with a social
13    worker, psychologist, clinical psychologist,
14    psychiatrist, family service agency, alcohol or substance
15    abuse program, mental health center guidance counselor,
16    agency providing services to elders, program designed for
17    domestic violence abusers, or any other guidance service
18    the court deems appropriate. The court may order the
19    respondent in any intimate partner relationship to report
20    to an Illinois Department of Human Services protocol
21    approved partner abuse intervention program for an
22    assessment and to follow all recommended treatment.
23        (5) Physical care and possession of the minor child.
24    In order to protect the minor child from abuse, neglect,
25    or unwarranted separation from the person who has been the
26    minor child's primary caretaker, or to otherwise protect

 

 

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1    the well-being of the minor child, the court may do either
2    or both of the following: (i) grant petitioner physical
3    care or possession of the minor child, or both, or (ii)
4    order respondent to return a minor child to, or not remove
5    a minor child from, the physical care of a parent or person
6    in loco parentis.
7        If the respondent is charged with abuse (as defined in
8    Section 112A-3 of this Code) of a minor child, there shall
9    be a rebuttable presumption that awarding physical care to
10    respondent would not be in the minor child's best
11    interest.
12        (6) Temporary allocation of parental responsibilities
13    and significant decision-making responsibilities. Award
14    temporary significant decision-making responsibility to
15    petitioner in accordance with this Section, the Illinois
16    Marriage and Dissolution of Marriage Act, the Illinois
17    Parentage Act of 2015, and this State's Uniform
18    Child-Custody Jurisdiction and Enforcement Act.
19        If the respondent is charged with abuse (as defined in
20    Section 112A-3 of this Code) of a minor child, there shall
21    be a rebuttable presumption that awarding temporary
22    significant decision-making responsibility to respondent
23    would not be in the child's best interest.
24        (7) Parenting time. Determine the parenting time, if
25    any, of respondent in any case in which the court awards
26    physical care or temporary significant decision-making

 

 

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1    responsibility of a minor child to petitioner. The court
2    shall restrict or deny respondent's parenting time with a
3    minor child if the court finds that respondent has done or
4    is likely to do any of the following:
5            (i) abuse or endanger the minor child during
6        parenting time;
7            (ii) use the parenting time as an opportunity to
8        abuse or harass petitioner or petitioner's family or
9        household members;
10            (iii) improperly conceal or detain the minor
11        child; or
12            (iv) otherwise act in a manner that is not in the
13        best interests of the minor child.
14        The court shall not be limited by the standards set
15    forth in Section 603.10 of the Illinois Marriage and
16    Dissolution of Marriage Act. If the court grants parenting
17    time, the order shall specify dates and times for the
18    parenting time to take place or other specific parameters
19    or conditions that are appropriate. No order for parenting
20    time shall refer merely to the term "reasonable parenting
21    time". Petitioner may deny respondent access to the minor
22    child if, when respondent arrives for parenting time,
23    respondent is under the influence of drugs or alcohol and
24    constitutes a threat to the safety and well-being of
25    petitioner or petitioner's minor children or is behaving
26    in a violent or abusive manner. If necessary to protect

 

 

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1    any member of petitioner's family or household from future
2    abuse, respondent shall be prohibited from coming to
3    petitioner's residence to meet the minor child for
4    parenting time, and the petitioner and respondent shall
5    submit to the court their recommendations for reasonable
6    alternative arrangements for parenting time. A person may
7    be approved to supervise parenting time only after filing
8    an affidavit accepting that responsibility and
9    acknowledging accountability to the court.
10        (8) Removal or concealment of minor child. Prohibit
11    respondent from removing a minor child from the State or
12    concealing the child within the State.
13        (9) Order to appear. Order the respondent to appear in
14    court, alone or with a minor child, to prevent abuse,
15    neglect, removal or concealment of the child, to return
16    the child to the custody or care of the petitioner, or to
17    permit any court-ordered interview or examination of the
18    child or the respondent.
19        (10) Possession of personal property. Grant petitioner
20    exclusive possession of personal property and, if
21    respondent has possession or control, direct respondent to
22    promptly make it available to petitioner, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the petitioner and respondent own the
26        property jointly; sharing it would risk abuse of

 

 

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1        petitioner by respondent or is impracticable; and the
2        balance of hardships favors temporary possession by
3        petitioner.
4        If petitioner's sole claim to ownership of the
5    property is that it is marital property, the court may
6    award petitioner temporary possession thereof under the
7    standards of subparagraph (ii) of this paragraph only if a
8    proper proceeding has been filed under the Illinois
9    Marriage and Dissolution of Marriage Act, as now or
10    hereafter amended.
11        No order under this provision shall affect title to
12    property.
13        (11) Protection of property. Forbid the respondent
14    from taking, transferring, encumbering, concealing,
15    damaging, or otherwise disposing of any real or personal
16    property, except as explicitly authorized by the court,
17    if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the petitioner and respondent own the
21        property jointly, and the balance of hardships favors
22        granting this remedy.
23        If petitioner's sole claim to ownership of the
24    property is that it is marital property, the court may
25    grant petitioner relief under subparagraph (ii) of this
26    paragraph only if a proper proceeding has been filed under

 

 

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1    the Illinois Marriage and Dissolution of Marriage Act, as
2    now or hereafter amended.
3        The court may further prohibit respondent from
4    improperly using the financial or other resources of an
5    aged member of the family or household for the profit or
6    advantage of respondent or of any other person.
7        (11.5) Protection of animals. Grant the petitioner the
8    exclusive care, custody, or control of any animal owned,
9    possessed, leased, kept, or held by either the petitioner
10    or the respondent or a minor child residing in the
11    residence or household of either the petitioner or the
12    respondent and order the respondent to stay away from the
13    animal and forbid the respondent from taking,
14    transferring, encumbering, concealing, harming, or
15    otherwise disposing of the animal.
16        (12) Order for payment of support. Order respondent to
17    pay temporary support for the petitioner or any child in
18    the petitioner's care or over whom the petitioner has been
19    allocated parental responsibility, when the respondent has
20    a legal obligation to support that person, in accordance
21    with the Illinois Marriage and Dissolution of Marriage
22    Act, which shall govern, among other matters, the amount
23    of support, payment through the clerk and withholding of
24    income to secure payment. An order for child support may
25    be granted to a petitioner with lawful physical care of a
26    child, or an order or agreement for physical care of a

 

 

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1    child, prior to entry of an order allocating significant
2    decision-making responsibility. Such a support order shall
3    expire upon entry of a valid order allocating parental
4    responsibility differently and vacating petitioner's
5    significant decision-making responsibility unless
6    otherwise provided in the order.
7        (13) Order for payment of losses. Order respondent to
8    pay petitioner for losses suffered as a direct result of
9    the abuse. Such losses shall include, but not be limited
10    to, medical expenses, lost earnings or other support,
11    repair or replacement of property damaged or taken,
12    reasonable attorney's fees, court costs, and moving or
13    other travel expenses, including additional reasonable
14    expenses for temporary shelter and 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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1        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
9    well-being of the petitioner or the petitioner's children.
10        (14.5) Prohibition of firearm, ammunition, and firearm
11    part possession.
12            (A) A person who is subject to an existing
13        domestic violence order of protection issued under
14        this Code may not lawfully possess weapons,
15        ammunition, or firearm parts that could be assembled
16        to make an operable firearm or a Firearm Owner's
17        Identification Card under Section 8.2 of the Firearm
18        Owners Identification Card Act and shall be
19        immediately ordered to surrender the person's Firearm
20        Owner's Identification Card to the relevant law
21        enforcement agency.
22            (B) Any firearms in the possession of the
23        respondent, ammunition in the possession of the
24        respondent, or firearm parts in the possession of the
25        respondent that could be assembled to make an operable
26        firearm in the possession of the respondent, except as

 

 

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1        provided in subparagraph (C) of this paragraph (14.5),
2        shall be ordered by the court to be surrendered to law
3        enforcement immediately. The respondent shall be
4        prohibited from transferring such firearms,
5        ammunition, and firearm parts that could be assembled
6        to make an operable firearm to another individual in
7        lieu of surrender to law enforcement turned over to a
8        person with a valid Firearm Owner's Identification
9        Card for safekeeping. The court shall issue an order
10        that the respondent comply with Section 9.5 of the
11        Firearm Owners Identification Card Act.
12            (B-1) Upon issuance of an ex parte, interim, or
13        final order of protection, the court shall immediately
14        issue a search warrant directing seizure of any
15        firearms, ammunition, or firearm parts that could be
16        assembled to make an operable firearm and the
17        respondent's Firearm Owner's Identification Card, if
18        any, if the court finds, based on the facts presented,
19        that:
20                (1) probable cause exists that the respondent
21            possesses firearms, ammunition, or firearm parts
22            that could be assembled to make an operable
23            firearm; and
24                (2) probable cause exists to believe that (A)
25            the respondent poses a danger of causing personal
26            injury to the petitioner or a child by having in

 

 

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1            the respondent's custody or control, or by
2            purchasing, possessing, or receiving a firearm,
3            ammunition, or firearm parts that could be
4            assembled to make an operable firearm and (B) that
5            the danger is immediate and present. If a court
6            finds that the respondent has committed abuse
7            against the petitioner or child, there shall be a
8            rebuttable presumption that the respondent poses a
9            danger of causing personal injury to the
10            petitioner or child; and
11                (3) probable cause exists that the firearms,
12            ammunition, or firearm parts that could be
13            assembled to make an operable firearm are located
14            at the residence, vehicle, or other property of
15            the respondent.
16            The court shall grant ex parte relief under this
17        subparagraph (B-1) and issue a warrant for search and
18        seizure of any firearms, ammunition, or firearm parts
19        that could be assembled to make an operable firearm if
20        the court has found: (i) probable cause as required by
21        this subparagraph, (ii) that personal injury to the
22        petitioner or a child is likely to occur if the
23        respondent received prior notice, and (iii) the
24        petitioner has otherwise satisfied the requirements of
25        Section 112A-17.5.
26            (B-2) A search warrant issued under subparagraph

 

 

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1        (B-1) of this subsection shall specify the scope of
2        the search, including the property to be searched, and
3        shall direct the relevant law enforcement agency to
4        seize the respondent's firearms, ammunition, and any
5        firearm parts that could be assembled to make an
6        operable firearm. Law enforcement shall also be
7        directed to take any Firearm Owner's Identification
8        Card belonging to the respondent. The court may, as a
9        part of that warrant, direct the law enforcement
10        agency to search the respondent's residence and other
11        places where the court finds there is probable cause
12        to believe the respondent is likely to possess the
13        firearms, ammunition, or firearm parts that could be
14        assembled to make an operable firearm. Law enforcement
15        shall execute the warrant at the earliest time but no
16        later than 96 hours after issuance, and execution
17        shall take precedence over other warrants except those
18        of a similar emergency nature. A return of the warrant
19        shall be filed by the law enforcement agency within 24
20        hours of execution, setting forth the time, date, and
21        location where the warrant was executed and what
22        items, if any, were seized. If the court is not in
23        session, the return information shall be returned on
24        the next date the court is in session. Service of any
25        order of protection shall, to the extent possible, be
26        concurrent with the execution of such warrant for

 

 

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1        search and seizure.
2            (B-3) The relevant law enforcement agency shall
3        provide a statement of receipt of any
        firearm seized
4        or surrendered with a description of any firearm
5        seized or surrendered to the respondent and the court.
6        The law enforcement agency may enter arrangements, as
7        needed, with federally licensed firearm dealers for
8        the storage of any firearms seized or surrendered
9        under this Section.
10            (C) If the respondent is a peace officer as
11        defined in Section 2-13 of the Criminal Code of 2012,
12        the court shall order that any firearms used by the
13        respondent in the performance of his or her duties as a
14        peace officer be surrendered to the chief law
15        enforcement executive of the agency in which the
16        respondent is employed, who shall retain the firearms
17        for safekeeping for the duration of the domestic
18        violence order of protection.
19            (D) Upon expiration of the period of safekeeping,
20        if the firearms or Firearm Owner's Identification Card
21        cannot be returned to respondent because respondent
22        cannot be located, fails to respond to requests to
23        retrieve the firearms, or is not lawfully eligible to
24        possess a firearm, upon petition from the local law
25        enforcement agency, the court may order the local law
26        enforcement agency to destroy the firearms, use the

 

 

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1        firearms for training purposes, or for any other
2        application as deemed appropriate by the local law
3        enforcement agency; or that the firearms be turned
4        over to a third party who is lawfully eligible to
5        possess firearms, and who does not reside with
6        respondent.
7        (15) Prohibition of access to records. If a domestic
8    violence order of protection prohibits respondent from
9    having contact with the minor child, or if petitioner's
10    address is omitted under subsection (b) of Section 112A-5
11    of this Code, or if necessary to prevent abuse or wrongful
12    removal or concealment of a minor child, the order shall
13    deny respondent access to, and prohibit respondent from
14    inspecting, obtaining, or attempting to inspect or obtain,
15    school or any other records of the minor child who is in
16    the care of petitioner.
17        (16) Order for payment of shelter services. Order
18    respondent to reimburse a shelter providing temporary
19    housing and counseling services to the petitioner for the
20    cost of the services, as certified by the shelter and
21    deemed reasonable by the court.
22        (17) Order for injunctive relief. Enter injunctive
23    relief necessary or appropriate to prevent further abuse
24    of a family or household member or to effectuate one of the
25    granted remedies, if supported by the balance of
26    hardships. If the harm to be prevented by the injunction

 

 

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1    is abuse or any other harm that one of the remedies listed
2    in paragraphs (1) through (16) of this subsection is
3    designed to prevent, no further evidence is necessary to
4    establish that the harm is an irreparable injury.
5        (18) Telephone services.
6            (A) Unless a condition described in subparagraph
7        (B) of this paragraph exists, the court may, upon
8        request by the petitioner, order a wireless telephone
9        service provider to transfer to the petitioner the
10        right to continue to use a telephone number or numbers
11        indicated by the petitioner and the financial
12        responsibility associated with the number or numbers,
13        as set forth in subparagraph (C) of this paragraph. In
14        this paragraph (18), the term "wireless telephone
15        service provider" means a provider of commercial
16        mobile service as defined in 47 U.S.C. 332. The
17        petitioner may request the transfer of each telephone
18        number that the petitioner, or a minor child in his or
19        her custody, uses. The clerk of the court shall serve
20        the order on the wireless telephone service provider's
21        agent for service of process provided to the Illinois
22        Commerce Commission. The order shall contain all of
23        the following:
24                (i) The name and billing telephone number of
25            the account holder including the name of the
26            wireless telephone service provider that serves

 

 

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1            the account.
2                (ii) Each telephone number that will be
3            transferred.
4                (iii) A statement that the provider transfers
5            to the petitioner all financial responsibility for
6            and right to the use of any telephone number
7            transferred under this paragraph.
8            (B) A wireless telephone service provider shall
9        terminate the respondent's use of, and shall transfer
10        to the petitioner use of, the telephone number or
11        numbers indicated in subparagraph (A) of this
12        paragraph unless it notifies the petitioner, within 72
13        hours after it receives the order, that one of the
14        following applies:
15                (i) The account holder named in the order has
16            terminated the account.
17                (ii) A difference in network technology would
18            prevent or impair the functionality of a device on
19            a network if the transfer occurs.
20                (iii) The transfer would cause a geographic or
21            other limitation on network or service provision
22            to the petitioner.
23                (iv) Another technological or operational
24            issue would prevent or impair the use of the
25            telephone number if the transfer occurs.
26            (C) The petitioner assumes all financial

 

 

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1        responsibility for and right to the use of any
2        telephone number transferred under this paragraph. In
3        this paragraph, "financial responsibility" includes
4        monthly service costs and costs associated with any
5        mobile device associated with the number.
6            (D) A wireless telephone service provider may
7        apply to the petitioner its routine and customary
8        requirements for establishing an account or
9        transferring a number, including requiring the
10        petitioner to provide proof of identification,
11        financial information, and customer preferences.
12            (E) Except for willful or wanton misconduct, a
13        wireless telephone service provider is immune from
14        civil liability for its actions taken in compliance
15        with a court order issued under this paragraph.
16            (F) All wireless service providers that provide
17        services to residential customers shall provide to the
18        Illinois Commerce Commission the name and address of
19        an agent for service of orders entered under this
20        paragraph (18). Any change in status of the registered
21        agent must be reported to the Illinois Commerce
22        Commission within 30 days of such change.
23            (G) The Illinois Commerce Commission shall
24        maintain the list of registered agents for service for
25        each wireless telephone service provider on the
26        Commission's website. The Commission may consult with

 

 

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1        wireless telephone service providers and the Circuit
2        Court Clerks on the manner in which this information
3        is provided and displayed.
4    (c) Relevant factors; findings.
5        (1) In determining whether to grant a specific remedy,
6    other than payment of support, the court shall consider
7    relevant factors, including, but not limited to, the
8    following:
9            (i) the nature, frequency, severity, pattern, and
10        consequences of the respondent's past abuse of the
11        petitioner or any family or household member,
12        including the concealment of his or her location in
13        order to evade service of process or notice, and the
14        likelihood of danger of future abuse to petitioner or
15        any member of petitioner's or respondent's family or
16        household; and
17            (ii) the danger that any minor child will be
18        abused or neglected or improperly relocated from the
19        jurisdiction, improperly concealed within the State,
20        or improperly separated from the child's primary
21        caretaker.
22        (2) In comparing relative hardships resulting to the
23    parties from loss of possession of the family home, the
24    court shall consider relevant factors, including, but not
25    limited to, the following:
26            (i) availability, accessibility, cost, safety,

 

 

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1        adequacy, location, and other characteristics of
2        alternate housing for each party and any minor child
3        or dependent adult in the party's care;
4            (ii) the effect on the party's employment; and
5            (iii) the effect on the relationship of the party,
6        and any minor child or dependent adult in the party's
7        care, to family, school, church, and community.
8        (3) Subject to the exceptions set forth in paragraph
9    (4) of this subsection (c), the court shall make its
10    findings in an official record or in writing, and shall at
11    a minimum set forth the following:
12            (i) That the court has considered the applicable
13        relevant factors described in paragraphs (1) and (2)
14        of this subsection (c).
15            (ii) Whether the conduct or actions of respondent,
16        unless prohibited, will likely cause irreparable harm
17        or continued abuse.
18            (iii) Whether it is necessary to grant the
19        requested relief in order to protect petitioner or
20        other alleged abused persons.
21        (4) (Blank).
22        (5) Never married parties. No rights or
23    responsibilities for a minor child born outside of
24    marriage attach to a putative father until a father and
25    child relationship has been established under the Illinois
26    Parentage Act of 1984, the Illinois Parentage Act of 2015,

 

 

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1    the Illinois Public Aid Code, Section 12 of the Vital
2    Records Act, the Juvenile Court Act of 1987, the Probate
3    Act of 1975, the Uniform Interstate Family Support Act,
4    the Expedited Child Support Act of 1990, any judicial,
5    administrative, or other act of another state or
6    territory, any other statute of this State, or by any
7    foreign nation establishing the father and child
8    relationship, any other proceeding substantially in
9    conformity with the federal Personal Responsibility and
10    Work Opportunity Reconciliation Act of 1996, or when both
11    parties appeared in open court or at an administrative
12    hearing acknowledging under oath or admitting by
13    affirmation the existence of a father and child
14    relationship. Absent such an adjudication, no putative
15    father shall be granted temporary allocation of parental
16    responsibilities, including parenting time with the minor
17    child, or physical care and possession of the minor child,
18    nor shall an order of payment for support of the minor
19    child be entered.
20    (d) Balance of hardships; findings. If the court finds
21that the balance of hardships does not support the granting of
22a remedy governed by paragraph (2), (3), (10), (11), or (16) of
23subsection (b) of this Section, which may require such
24balancing, the court's findings shall so indicate and shall
25include a finding as to whether granting the remedy will
26result in hardship to respondent that would substantially

 

 

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1outweigh the hardship to petitioner from denial of the remedy.
2The findings shall be an official record or in writing.
3    (e) Denial of remedies. Denial of any remedy shall not be
4based, in whole or in part, on evidence that:
5        (1) respondent has cause for any use of force, unless
6    that cause satisfies the standards for justifiable use of
7    force provided by Article 7 of the Criminal Code of 2012;
8        (2) respondent was voluntarily intoxicated;
9        (3) petitioner acted in self-defense or defense of
10    another, provided that, if petitioner utilized force, such
11    force was justifiable under Article 7 of the Criminal Code
12    of 2012;
13        (4) petitioner did not act in self-defense or defense
14    of another;
15        (5) petitioner left the residence or household to
16    avoid further abuse by respondent;
17        (6) petitioner did not leave the residence or
18    household to avoid further abuse by respondent; or
19        (7) conduct by any family or household member excused
20    the abuse by respondent, unless that same conduct would
21    have excused such abuse if the parties had not been family
22    or household members.
23(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
24102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
25    Section 15. The Illinois Domestic Violence Act of 1986 is

 

 

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1amended 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
5has been abused by a family or household member or that
6petitioner is a high-risk adult who has been abused,
7neglected, or exploited, as defined in this Act, an order of
8protection prohibiting the abuse, neglect, or exploitation
9shall issue; provided that petitioner must also satisfy the
10requirements of one of the following Sections, as appropriate:
11Section 217 on emergency orders, Section 218 on interim
12orders, or Section 219 on plenary orders. Petitioner shall not
13be denied an order of protection because petitioner or
14respondent is a minor. The court, when determining whether or
15not to issue an order of protection, shall not require
16physical manifestations of abuse on the person of the victim.
17Modification and extension of prior orders of protection shall
18be in accordance with this Act.
19    (b) Remedies and standards. The remedies to be included in
20an order of protection shall be determined in accordance with
21this Section and one of the following Sections, as
22appropriate: Section 217 on emergency orders, Section 218 on
23interim orders, and Section 219 on plenary orders. The
24remedies listed in this subsection shall be in addition to
25other civil or criminal remedies available to petitioner.

 

 

SB2633- 29 -LRB103 34623 RLC 64893 b

1        (1) Prohibition of abuse, neglect, or exploitation.
2    Prohibit respondent's harassment, interference with
3    personal liberty, intimidation of a dependent, physical
4    abuse, or willful deprivation, neglect or exploitation, as
5    defined in this Act, or stalking of the petitioner, as
6    defined in Section 12-7.3 of the Criminal Code of 2012, if
7    such abuse, neglect, exploitation, or stalking 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, household, or premises of the petitioner,
13    including one owned or leased by respondent, if petitioner
14    has a right to occupancy thereof. The grant of exclusive
15    possession of the residence, household, or premises shall
16    not affect title to real property, nor shall the court be
17    limited by the standard set forth in subsection (c-2) of
18    Section 501 of the Illinois Marriage and Dissolution of
19    Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic

 

 

SB2633- 30 -LRB103 34623 RLC 64893 b

1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i)
6        the hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,

 

 

SB2633- 31 -LRB103 34623 RLC 64893 b

1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other
6    person protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14            (A) If an order of protection grants petitioner
15        exclusive possession of the residence, or prohibits
16        respondent from entering the residence, or orders
17        respondent to stay away from petitioner or other
18        protected persons, then the court may allow respondent
19        access to the residence to remove items of clothing
20        and personal adornment used exclusively by respondent,
21        medications, and other items as the court directs. The
22        right to access shall be exercised on only one
23        occasion as the court directs and in the presence of an
24        agreed-upon adult third party or law enforcement
25        officer.
26            (B) When the petitioner and the respondent attend

 

 

SB2633- 32 -LRB103 34623 RLC 64893 b

1        the same public, private, or non-public elementary,
2        middle, or high school, the court when issuing an
3        order of protection and providing relief shall
4        consider the severity of the act, any continuing
5        physical danger or emotional distress to the
6        petitioner, the educational rights guaranteed to the
7        petitioner and respondent under federal and State law,
8        the availability of a transfer of the respondent to
9        another school, a change of placement or a change of
10        program of the respondent, the expense, difficulty,
11        and educational disruption that would be caused by a
12        transfer of the respondent to another school, and any
13        other relevant facts of the case. The court may order
14        that the respondent not attend the public, private, or
15        non-public elementary, middle, or high school attended
16        by the petitioner, order that the respondent accept a
17        change of placement or change of program, as
18        determined by the school district or private or
19        non-public school, or place restrictions on the
20        respondent's movements within the school attended by
21        the petitioner. The respondent bears the burden of
22        proving by a preponderance of the evidence that a
23        transfer, change of placement, or change of program of
24        the respondent is not available. The respondent also
25        bears the burden of production with respect to the
26        expense, difficulty, and educational disruption that

 

 

SB2633- 33 -LRB103 34623 RLC 64893 b

1        would be caused by a transfer of the respondent to
2        another school. A transfer, change of placement, or
3        change of program is not unavailable to the respondent
4        solely on the ground that the respondent does not
5        agree with the school district's or private or
6        non-public school's transfer, change of placement, or
7        change of program or solely on the ground that the
8        respondent fails or refuses to consent or otherwise
9        does not take an action required to effectuate a
10        transfer, change of placement, or change of program.
11        When a court orders a respondent to stay away from the
12        public, private, or non-public school attended by the
13        petitioner and the respondent requests a transfer to
14        another attendance center within the respondent's
15        school district or private or non-public school, the
16        school district or private or non-public school shall
17        have sole discretion to determine the attendance
18        center to which the respondent is transferred. In the
19        event the court order results in a transfer of the
20        minor respondent to another attendance center, a
21        change in the respondent's placement, or a change of
22        the respondent's program, the parents, guardian, or
23        legal custodian of the respondent is responsible for
24        transportation and other costs associated with the
25        transfer or change.
26            (C) The court may order the parents, guardian, or

 

 

SB2633- 34 -LRB103 34623 RLC 64893 b

1        legal custodian of a minor respondent to take certain
2        actions or to refrain from taking certain actions to
3        ensure that the respondent complies with the order. In
4        the event the court orders a transfer of the
5        respondent to another school, the parents, guardian,
6        or legal custodian of the respondent is responsible
7        for transportation and other costs associated with the
8        change of school by the respondent.
9        (4) Counseling. Require or recommend the respondent to
10    undergo counseling for a specified duration with a social
11    worker, psychologist, clinical psychologist,
12    psychiatrist, family service agency, alcohol or substance
13    abuse program, mental health center guidance counselor,
14    agency providing services to elders, program designed for
15    domestic violence abusers or any other guidance service
16    the court deems appropriate. The Court may order the
17    respondent in any intimate partner relationship to report
18    to an Illinois Department of Human Services protocol
19    approved partner abuse intervention program for an
20    assessment and to follow all recommended treatment.
21        (5) Physical care and possession of the minor child.
22    In order to protect the minor child from abuse, neglect,
23    or unwarranted separation from the person who has been the
24    minor child's primary caretaker, or to otherwise protect
25    the well-being of the minor child, the court may do either
26    or both of the following: (i) grant petitioner physical

 

 

SB2633- 35 -LRB103 34623 RLC 64893 b

1    care or possession of the minor child, or both, or (ii)
2    order respondent to return a minor child to, or not remove
3    a minor child from, the physical care of a parent or person
4    in loco parentis.
5        If a court finds, after a hearing, that respondent has
6    committed abuse (as defined in Section 103) of a minor
7    child, there shall be a rebuttable presumption that
8    awarding physical care to respondent would not be in the
9    minor child's best interest.
10        (6) Temporary allocation of parental responsibilities:
11    significant decision-making. Award temporary
12    decision-making responsibility to petitioner in accordance
13    with this Section, the Illinois Marriage and Dissolution
14    of Marriage Act, the Illinois Parentage Act of 2015, and
15    this State's Uniform Child-Custody Jurisdiction and
16    Enforcement Act.
17        If a court finds, after a hearing, that respondent has
18    committed abuse (as defined in Section 103) of a minor
19    child, there shall be a rebuttable presumption that
20    awarding temporary significant decision-making
21    responsibility to respondent would not be in the child's
22    best interest.
23        (7) Parenting time. Determine the parenting time, if
24    any, of respondent in any case in which the court awards
25    physical care or allocates temporary significant
26    decision-making responsibility of a minor child to

 

 

SB2633- 36 -LRB103 34623 RLC 64893 b

1    petitioner. The court shall restrict or deny respondent's
2    parenting time with a minor child if the court finds that
3    respondent has done or is likely to do any of the
4    following: (i) abuse or endanger the minor child during
5    parenting time; (ii) use the parenting time as an
6    opportunity to abuse or harass petitioner or petitioner's
7    family or household members; (iii) improperly conceal or
8    detain the minor child; or (iv) otherwise act in a manner
9    that is not in the best interests of the minor child. The
10    court shall not be limited by the standards set forth in
11    Section 603.10 of the Illinois Marriage and Dissolution of
12    Marriage Act. If the court grants parenting time, the
13    order shall specify dates and times for the parenting time
14    to take place or other specific parameters or conditions
15    that are appropriate. No order for parenting time shall
16    refer merely to the term "reasonable parenting time".
17        Petitioner may deny respondent access to the minor
18    child if, when respondent arrives for parenting time,
19    respondent is under the influence of drugs or alcohol and
20    constitutes a threat to the safety and well-being of
21    petitioner or petitioner's minor children or is behaving
22    in a violent or abusive manner.
23        If necessary to protect any member of petitioner's
24    family or household from future abuse, respondent shall be
25    prohibited from coming to petitioner's residence to meet
26    the minor child for parenting time, and the parties shall

 

 

SB2633- 37 -LRB103 34623 RLC 64893 b

1    submit to the court their recommendations for reasonable
2    alternative arrangements for parenting time. A person may
3    be approved to supervise parenting time only after filing
4    an affidavit accepting that responsibility and
5    acknowledging accountability to the court.
6        (8) Removal or concealment of minor child. Prohibit
7    respondent from removing a minor child from the State or
8    concealing the child within the State.
9        (9) Order to appear. Order the respondent to appear in
10    court, alone or with a minor child, to prevent abuse,
11    neglect, removal or concealment of the child, to return
12    the child to the custody or care of the petitioner or to
13    permit any court-ordered interview or examination of the
14    child or the respondent.
15        (10) Possession of personal property. Grant petitioner
16    exclusive possession of personal property and, if
17    respondent has possession or control, direct respondent to
18    promptly make it available to petitioner, if:
19            (i) petitioner, but not respondent, owns the
20        property; or
21            (ii) the parties own the property jointly; sharing
22        it would risk abuse of petitioner by respondent or is
23        impracticable; and the balance of hardships favors
24        temporary possession by petitioner.
25        If petitioner's sole claim to ownership of the
26    property is that it is marital property, the court may

 

 

SB2633- 38 -LRB103 34623 RLC 64893 b

1    award petitioner temporary possession thereof under the
2    standards of subparagraph (ii) of this paragraph only if a
3    proper proceeding has been filed under the Illinois
4    Marriage and Dissolution of Marriage Act, as now or
5    hereafter amended.
6        No order under this provision shall affect title to
7    property.
8        (11) Protection of property. Forbid the respondent
9    from taking, transferring, encumbering, concealing,
10    damaging or otherwise disposing of any real or personal
11    property, except as explicitly authorized by the court,
12    if:
13            (i) petitioner, but not respondent, owns the
14        property; or
15            (ii) the parties own the property jointly, and the
16        balance of hardships favors granting this remedy.
17        If petitioner's sole claim to ownership of the
18    property is that it is marital property, the court may
19    grant petitioner relief under subparagraph (ii) of this
20    paragraph only if a proper proceeding has been filed under
21    the Illinois Marriage and Dissolution of Marriage Act, as
22    now or hereafter amended.
23        The court may further prohibit respondent from
24    improperly using the financial or other resources of an
25    aged member of the family or household for the profit or
26    advantage of respondent or of any other person.

 

 

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1        (11.5) Protection of animals. Grant the petitioner the
2    exclusive care, custody, or control of any animal owned,
3    possessed, leased, kept, or held by either the petitioner
4    or the respondent or a minor child residing in the
5    residence or household of either the petitioner or the
6    respondent and order the respondent to stay away from the
7    animal and forbid the respondent from taking,
8    transferring, encumbering, concealing, harming, or
9    otherwise disposing of the animal.
10        (12) Order for payment of support. Order respondent to
11    pay temporary support for the petitioner or any child in
12    the petitioner's care or over whom the petitioner has been
13    allocated parental responsibility, when the respondent has
14    a legal obligation to support that person, in accordance
15    with the Illinois Marriage and Dissolution of Marriage
16    Act, which shall govern, among other matters, the amount
17    of support, payment through the clerk and withholding of
18    income to secure payment. An order for child support may
19    be granted to a petitioner with lawful physical care of a
20    child, or an order or agreement for physical care of a
21    child, prior to entry of an order allocating significant
22    decision-making responsibility. Such a support order shall
23    expire upon entry of a valid order allocating parental
24    responsibility differently and vacating the petitioner's
25    significant decision-making authority, unless otherwise
26    provided in the order.

 

 

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1        (13) Order for payment of losses. Order respondent to
2    pay petitioner for losses suffered as a direct result of
3    the abuse, neglect, or exploitation. Such losses shall
4    include, but not be limited to, medical expenses, lost
5    earnings or other support, repair or replacement of
6    property damaged or taken, reasonable attorney's fees,
7    court costs and moving or other travel expenses, including
8    additional reasonable expenses for temporary shelter and
9    restaurant meals.
10            (i) Losses affecting family needs. If a party is
11        entitled to seek maintenance, child support or
12        property distribution from the other party under the
13        Illinois Marriage and Dissolution of Marriage Act, as
14        now or hereafter amended, the court may order
15        respondent to reimburse petitioner's actual losses, to
16        the extent that such reimbursement would be
17        "appropriate temporary relief", as authorized by
18        subsection (a)(3) of Section 501 of that Act.
19            (ii) Recovery of expenses. In the case of an
20        improper concealment or removal of a minor child, the
21        court may order respondent to pay the reasonable
22        expenses incurred or to be incurred in the search for
23        and recovery of the minor child, including but not
24        limited to legal fees, court costs, private
25        investigator fees, and travel costs.
26        (14) Prohibition of entry. Prohibit the respondent

 

 

SB2633- 41 -LRB103 34623 RLC 64893 b

1    from entering or remaining in the residence or household
2    while the respondent is under the influence of alcohol or
3    drugs and constitutes a threat to the safety and
4    well-being of the petitioner or the petitioner's children.
5        (14.5) Prohibition of firearm, ammunition, and firearm
6    part possession.
7            (a) Prohibit a respondent against whom an order of
8        protection was issued from possessing, during the
9        duration of he order, any firearms, ammunition, and
10        firearm parts that could be assembled to make an
11        operable firearm and issue a warrant for search and
12        seizure of any firearms, ammunition, or firearm parts
13        concurrent with issuing an order of protection as set
14        forth in this subsection. during the duration of the
15        order if the order:
16            (a-1) (1) Upon the issuance of an emergency,
17        interim, or final order of protection, the court shall
18        issue a warrant for search and seizure of firearms,
19        ammunition, or firearm parts that could be assembled
20        to make an operable firearm if the court, based on the
21        facts presented, finds:
22                (i) probable cause exists that the respondent
23            possesses firearms, ammunition, or firearm parts
24            that could be assembled to make an operable
25            firearm; and
26                (ii) probable cause exists to believe that:

 

 

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1            (A) the respondent poses a danger of causing
2            personal injury to the petitioner or a child by
3            having in the respondent's custody or control, or
4            by purchasing, possessing, or receiving a firearm,
5            ammunition, or firearm parts that could be
6            assembled to make an operable firearm; and (B)
7            that the danger is immediate and present. If a
8            court finds that the respondent has committed
9            abuse against the petitioner or a child, there
10            shall be a rebuttable presumption that the
11            respondent poses a danger of causing personal
12            injury to the petitioner or the child; and
13                (iii) probable cause exists that the firearms,
14            ammunition, or firearm parts that could be
15            assembled to make an operable firearm are located
16            at the residence, vehicle, or other property of
17            the respondent.
18            (2) A warrant for search and seizure issued under
19        subparagraph (a-1) shall specify the scope of the
20        search, including the property to be searched, and
21        shall direct the relevant law enforcement agency to
22        seize the respondent's firearms, ammunition, and any
23        firearm parts that could be assembled to make an
24        operable firearm. Law enforcement shall also be
25        directed to take any Firearm Owner's Identification
26        Card belonging to the respondent into its possession.

 

 

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1        The court may, as a part of that warrant, direct the
2        law enforcement agency to search the respondent's
3        residence and other places where the court finds there
4        is probable cause to believe the respondent is likely
5        to possess the firearms, ammunition, or firearm parts
6        that could be assembled to make an operable firearm.
7        Law enforcement shall execute the warrant at the
8        earliest time but no later than 96 hours after
9        issuance, and execution shall take precedence over
10        other warrants except those of a similar emergency
11        nature. A return of the warrant shall be filed by the
12        law enforcement agency within 24 hours of execution,
13        setting forth the time, date, and location where the
14        warrant was executed and what items, if any, were
15        seized. If the court is not in session, the return
16        information shall be returned on the next date the
17        court is in session. Service of any order of
18        protection shall, to the extent possible, be
19        concurrent with the execution of the warrant for
20        search and seizure.
21            (3) The court shall
         grant ex parte relief under
22        this subparagraph and issue a warrant for search and
23        seizure of any firearms if the court has found (i)
24        probable cause as required by this subparagraph, (ii)
25        that personal injury to the petitioner or child is
26        likely to occur if the respondent received prior

 

 

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1        notice, and (iii) the petitioner has otherwise
2        satisfied the requirements of Section 217 of this Act.
3                (1) was issued after a hearing of which such
4            person received actual notice, and at which such
5            person had an opportunity to participate;
6                (2) restrains such person from harassing,
7            stalking, or threatening an intimate partner of
8            such person or child of such intimate partner or
9            person, or engaging in other conduct that would
10            place an intimate partner in reasonable fear of
11            bodily injury to the partner or child; and
12                (3)(i) includes a finding that such person
13            represents a credible threat to the physical
14            safety of such intimate partner or child; or (ii)
15            by its terms explicitly prohibits the use,
16            attempted use, or threatened use of physical force
17            against such intimate partner or child that would
18            reasonably be expected to cause bodily injury.
19            (a-2) The court shall prohibit the respondent from
20        possessing,during the duration of the order, any
21        firearms, ammunition, or firearm parts that could be
22        assembled to make an operable firearm and order the
23        surrender of any firearms, ammunition, or firearm
24        parts that could be assembled to make an operable
25        firearm to the relevant law enforcement agency if (1)
26        the court has ordered a warrant for search and seizure

 

 

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1        under subparagraph (a-1) or (2) the order of
2        protection issued by the court against the respondent:
3                (i) was issued after a hearing of which such
4            person received actual notice, and at which such
5            person had an opportunity to participate, or
6            petitioner has satisfied the requirements of
7            Section 217;
8                (ii) restrains such person from harassing,
9            stalking, or threatening the petitioner or child,
10            or engaging in other conduct that would place the
11            petitioner in reasonable fear of bodily injury to
12            the petitioner or a child; and
13                (iii)(A) includes a finding that such person
14            represents a credible threat to the physical
15            safety of the petitioner or a child; or
16                (B) by its terms explicitly prohibits the use,
17            attempted use, or threatened use of physical force
18            against such petitioner or the child that would
19            reasonably be expected to cause bodily injury.
20            (a-3) Any firearms, ammunition, or firearm parts
21        that could be assembled to make an operable firearm
22        shall be kept by the local law enforcement agency for
23        safekeeping, except as provided in subsection (b). The
24        period of safekeeping shall be for the duration of the
25        order of protection. Respondent is prohibited from
26        transferring firearms, ammunition, or firearm parts to

 

 

SB2633- 46 -LRB103 34623 RLC 64893 b

1        another individual in lieu of surrender to law
2        enforcement. The law enforcement agency shall provide
3        a statement of receipt of any firearm, ammunition, or
4        firearm part seized or surrendered with a description
5        of any firearm seized or surrendered to the respondent
6        and the court. The law enforcement agency may enter
7        arrangements, as needed, with federally licensed
8        firearm dealers for the storage of any firearms seized
9        or surrendered under this Section.
10            (a-4) If relief is granted under this subsection,
11        any Firearm Owner's Identification Card in the
12        possession of the respondent, except as provided in
13        subsection (b), shall be ordered by the court to be
14        turned over to the local law enforcement agency. The
15        local law enforcement agency shall immediately mail
16        the card to the Illinois State Police Firearm Owner's
17        Identification Card Office for safekeeping.
18        (a-5) Any Firearm Owner's Identification Card in the
19        possession of the respondent, except as provided in
20        subsection (b), shall be ordered by the court to be
21        turned over to the local law enforcement agency. The
22        local law enforcement agency shall immediately mail
23        the card to the Illinois State Police Firearm Owner's
24        Identification Card Office for safekeeping. The court
25        shall issue a warrant for seizure of any firearm in the
26        possession of the respondent, to be kept by the local

 

 

SB2633- 47 -LRB103 34623 RLC 64893 b

1        law enforcement agency for safekeeping, except as
2        provided in subsection (b). The period of safekeeping
3        shall be for the duration of the order of protection.
4        The firearm or firearms and Firearm Owner's
5        Identification Card, if unexpired, seized or
6        surrendered shall, at the respondent's request, be
7        returned to the respondent at the end of the order of
8        protection. It is the respondent's responsibility to
9        notify the Illinois State Police Firearm Owner's
10        Identification Card Office.
11            (b) If the respondent is a peace officer as
12        defined in Section 2-13 of the Criminal Code of 2012,
13        the court shall order that any firearms used by the
14        respondent in the performance of his or her duties as a
15        peace officer be surrendered to the chief law
16        enforcement executive of the agency in which the
17        respondent is employed, who shall retain the firearms
18        for safekeeping for the duration of the order of
19        protection.
20            (c) Upon expiration of the period of safekeeping,
21        if the firearms or Firearm Owner's Identification Card
22        cannot be returned to respondent because respondent
23        cannot be located, fails to respond to requests to
24        retrieve the firearms, or is not lawfully eligible to
25        possess a firearm, upon petition from the local law
26        enforcement agency, the court may order the local law

 

 

SB2633- 48 -LRB103 34623 RLC 64893 b

1        enforcement agency to destroy the firearms, use the
2        firearms for training purposes, or for any other
3        application as deemed appropriate by the local law
4        enforcement agency; or that the firearms be turned
5        over to a third party who is lawfully eligible to
6        possess firearms, and who does not reside with
7        respondent.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 203, or if necessary to
12    prevent abuse or wrongful removal or concealment of a
13    minor child, the order shall deny respondent access to,
14    and prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse
25    of a family or household member or further abuse, neglect,
26    or exploitation of a high-risk adult with disabilities or

 

 

SB2633- 49 -LRB103 34623 RLC 64893 b

1    to effectuate one of the granted remedies, if supported by
2    the balance of hardships. If the harm to be prevented by
3    the injunction is abuse or any other harm that one of the
4    remedies listed in paragraphs (1) through (16) of this
5    subsection is designed to prevent, no further evidence is
6    necessary that the harm is an irreparable injury.
7        (18) Telephone services.
8            (A) Unless a condition described in subparagraph
9        (B) of this paragraph exists, the court may, upon
10        request by the petitioner, order a wireless telephone
11        service provider to transfer to the petitioner the
12        right to continue to use a telephone number or numbers
13        indicated by the petitioner and the financial
14        responsibility associated with the number or numbers,
15        as set forth in subparagraph (C) of this paragraph.
16        For purposes of this paragraph (18), the term
17        "wireless telephone service provider" means a provider
18        of commercial mobile service as defined in 47 U.S.C.
19        332. The petitioner may request the transfer of each
20        telephone number that the petitioner, or a minor child
21        in his or her custody, uses. The clerk of the court
22        shall serve the order on the wireless telephone
23        service provider's agent for service of process
24        provided to the Illinois Commerce Commission. The
25        order shall contain all of the following:
26                (i) The name and billing telephone number of

 

 

SB2633- 50 -LRB103 34623 RLC 64893 b

1            the account holder including the name of the
2            wireless telephone service provider that serves
3            the account.
4                (ii) Each telephone number that will be
5            transferred.
6                (iii) A statement that the provider transfers
7            to the petitioner all financial responsibility for
8            and right to the use of any telephone number
9            transferred under this paragraph.
10            (B) A wireless telephone service provider shall
11        terminate the respondent's use of, and shall transfer
12        to the petitioner use of, the telephone number or
13        numbers indicated in subparagraph (A) of this
14        paragraph unless it notifies the petitioner, within 72
15        hours after it receives the order, that one of the
16        following applies:
17                (i) The account holder named in the order has
18            terminated the account.
19                (ii) A difference in network technology would
20            prevent or impair the functionality of a device on
21            a network if the transfer occurs.
22                (iii) The transfer would cause a geographic or
23            other limitation on network or service provision
24            to the petitioner.
25                (iv) Another technological or operational
26            issue would prevent or impair the use of the

 

 

SB2633- 51 -LRB103 34623 RLC 64893 b

1            telephone number if the transfer occurs.
2            (C) The petitioner assumes all financial
3        responsibility for and right to the use of any
4        telephone number transferred under this paragraph. In
5        this paragraph, "financial responsibility" includes
6        monthly service costs and costs associated with any
7        mobile device associated with the number.
8            (D) A wireless telephone service provider may
9        apply to the petitioner its routine and customary
10        requirements for establishing an account or
11        transferring a number, including requiring the
12        petitioner to provide proof of identification,
13        financial information, and customer preferences.
14            (E) Except for willful or wanton misconduct, a
15        wireless telephone service provider is immune from
16        civil liability for its actions taken in compliance
17        with a court order issued under this paragraph.
18            (F) All wireless service providers that provide
19        services to residential customers shall provide to the
20        Illinois Commerce Commission the name and address of
21        an agent for service of orders entered under this
22        paragraph (18). Any change in status of the registered
23        agent must be reported to the Illinois Commerce
24        Commission within 30 days of such change.
25            (G) The Illinois Commerce Commission shall
26        maintain the list of registered agents for service for

 

 

SB2633- 52 -LRB103 34623 RLC 64893 b

1        each wireless telephone service provider on the
2        Commission's website. The Commission may consult with
3        wireless telephone service providers and the Circuit
4        Court Clerks on the manner in which this information
5        is provided and displayed.
6    (c) Relevant factors; findings.
7        (1) In determining whether to grant a specific remedy,
8    other than payment of support, the court shall consider
9    relevant factors, including but not limited to the
10    following:
11            (i) the nature, frequency, severity, pattern and
12        consequences of the respondent's past abuse, neglect
13        or exploitation of the petitioner or any family or
14        household member, including the concealment of his or
15        her location in order to evade service of process or
16        notice, and the likelihood of danger of future abuse,
17        neglect, or exploitation to petitioner or any member
18        of petitioner's or respondent's family or household;
19        and
20            (ii) the danger that any minor child will be
21        abused or neglected or improperly relocated from the
22        jurisdiction, improperly concealed within the State or
23        improperly separated from the child's primary
24        caretaker.
25        (2) In comparing relative hardships resulting to the
26    parties from loss of possession of the family home, the

 

 

SB2633- 53 -LRB103 34623 RLC 64893 b

1    court shall consider relevant factors, including but not
2    limited to the following:
3            (i) availability, accessibility, cost, safety,
4        adequacy, location and other characteristics of
5        alternate housing for each party and any minor child
6        or dependent adult in the party's care;
7            (ii) the effect on the party's employment; and
8            (iii) the effect on the relationship of the party,
9        and any minor child or dependent adult in the party's
10        care, to family, school, church and community.
11        (3) Subject to the exceptions set forth in paragraph
12    (4) of this subsection, the court shall make its findings
13    in an official record or in writing, and shall at a minimum
14    set forth the following:
15            (i) That the court has considered the applicable
16        relevant factors described in paragraphs (1) and (2)
17        of this subsection.
18            (ii) Whether the conduct or actions of respondent,
19        unless prohibited, will likely cause irreparable harm
20        or continued abuse.
21            (iii) Whether it is necessary to grant the
22        requested relief in order to protect petitioner or
23        other alleged abused persons.
24        (4) For purposes of issuing an ex parte emergency
25    order of protection, the court, as an alternative to or as
26    a supplement to making the findings described in

 

 

SB2633- 54 -LRB103 34623 RLC 64893 b

1    paragraphs (c)(3)(i) through (c)(3)(iii) of this
2    subsection, may use the following procedure:
3        When a verified petition for an emergency order of
4    protection in accordance with the requirements of Sections
5    203 and 217 is presented to the court, the court shall
6    examine petitioner on oath or affirmation. An emergency
7    order of protection shall be issued by the court if it
8    appears from the contents of the petition and the
9    examination of petitioner that the averments are
10    sufficient to indicate abuse by respondent and to support
11    the granting of relief under the issuance of the emergency
12    order of protection.
13        (5) Never married parties. No rights or
14    responsibilities for a minor child born outside of
15    marriage attach to a putative father until a father and
16    child relationship has been established under the Illinois
17    Parentage Act of 1984, the Illinois Parentage Act of 2015,
18    the Illinois Public Aid Code, Section 12 of the Vital
19    Records Act, the Juvenile Court Act of 1987, the Probate
20    Act of 1975, the Revised Uniform Reciprocal Enforcement of
21    Support Act, the Uniform Interstate Family Support Act,
22    the Expedited Child Support Act of 1990, any judicial,
23    administrative, or other act of another state or
24    territory, any other Illinois statute, or by any foreign
25    nation establishing the father and child relationship, any
26    other proceeding substantially in conformity with the

 

 

SB2633- 55 -LRB103 34623 RLC 64893 b

1    Personal Responsibility and Work Opportunity
2    Reconciliation Act of 1996 (Pub. L. 104-193), or where
3    both parties appeared in open court or at an
4    administrative hearing acknowledging under oath or
5    admitting by affirmation the existence of a father and
6    child relationship. Absent such an adjudication, finding,
7    or acknowledgment, no putative father shall be granted
8    temporary allocation of parental responsibilities,
9    including parenting time with the minor child, or physical
10    care and possession of the minor child, nor shall an order
11    of payment for support of the minor child be entered.
12    (d) Balance of hardships; findings. If the court finds
13that the balance of hardships does not support the granting of
14a remedy governed by paragraph (2), (3), (10), (11), or (16) of
15subsection (b) of this Section, which may require such
16balancing, the court's findings shall so indicate and shall
17include a finding as to whether granting the remedy will
18result in hardship to respondent that would substantially
19outweigh the hardship to petitioner from denial of the remedy.
20The findings shall be an official record or in writing.
21    (e) Denial of remedies. Denial of any remedy shall not be
22based, in whole or in part, on evidence that:
23        (1) Respondent has cause for any use of force, unless
24    that cause satisfies the standards for justifiable use of
25    force provided by Article 7 of the Criminal Code of 2012;
26        (2) Respondent was voluntarily intoxicated;

 

 

SB2633- 56 -LRB103 34623 RLC 64893 b

1        (3) Petitioner acted in self-defense or defense of
2    another, provided that, if petitioner utilized force, such
3    force was justifiable under Article 7 of the Criminal Code
4    of 2012;
5        (4) Petitioner did not act in self-defense or defense
6    of another;
7        (5) Petitioner left the residence or household to
8    avoid further abuse, neglect, or exploitation by
9    respondent;
10        (6) Petitioner did not leave the residence or
11    household to avoid further abuse, neglect, or exploitation
12    by respondent;
13        (7) Conduct by any family or household member excused
14    the abuse, neglect, or exploitation by respondent, unless
15    that same conduct would have excused such abuse, neglect,
16    or exploitation if the parties had not been family or
17    household members.
18(Source: P.A. 102-538, eff. 8-20-21.)