Full Text of SB1677 102nd General Assembly
SB1677enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Stalking No Contact Order Act is amended by | 5 | | changing Section 10 as follows: | 6 | | (740 ILCS 21/10) | 7 | | Sec. 10. Definitions. For the purposes of this Act: | 8 | | "Course of conduct" means 2 or more acts, including but | 9 | | not limited to acts in which a respondent directly, | 10 | | indirectly, or through third parties, by any action, method, | 11 | | device, or means follows, monitors, observes, surveils, or | 12 | | threatens a person, workplace, school, or place of worship, | 13 | | engages in other contact, or interferes with or damages a | 14 | | person's property or pet. A course of conduct may include | 15 | | contact via electronic communications. The incarceration of a | 16 | | person in a penal institution who commits the course of | 17 | | conduct is not a bar to prosecution under this Section. | 18 | | "Emotional distress" means significant mental suffering, | 19 | | anxiety or alarm. | 20 | | "Contact" includes any contact with the victim, that is | 21 | | initiated or continued without the victim's consent, or that | 22 | | is in disregard of the victim's expressed desire that the | 23 | | contact be avoided or discontinued, including but not limited |
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| 1 | | to being in the physical presence of the victim; appearing | 2 | | within the sight of the victim; approaching or confronting the | 3 | | victim in a public place or on private property; appearing at | 4 | | the workplace or residence of the victim; entering onto or | 5 | | remaining on property owned, leased, or occupied by the | 6 | | victim; placing an object on, or delivering an object to, | 7 | | property owned, leased, or occupied by the victim; electronic | 8 | | communication as defined in Section 26.5-0.1 of the Criminal | 9 | | Code of 2012; and appearing at the prohibited workplace, | 10 | | school, or place of worship. | 11 | | "Petitioner" means any named petitioner for the stalking | 12 | | no contact order or any named victim of stalking on whose | 13 | | behalf the petition is brought. "Petitioner" includes an | 14 | | authorized agent of a place of employment, an authorized agent | 15 | | of a place of worship, or an authorized agent of a school. | 16 | | "Reasonable person" means a person in the petitioner's | 17 | | circumstances with the petitioner's knowledge of the | 18 | | respondent and the respondent's prior acts. | 19 | | "Stalking" means engaging in a course of conduct directed | 20 | | at a specific person, and he or she knows or should know that | 21 | | this course of conduct would cause a reasonable person to fear | 22 | | for his or her safety, the safety of a workplace, school, or | 23 | | place of worship, or the safety of a third person or suffer | 24 | | emotional distress. Stalking does not include an exercise of | 25 | | the right to free speech or assembly that is otherwise lawful | 26 | | or picketing occurring at the workplace that is otherwise |
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| 1 | | lawful and arises out of a bona fide labor dispute, including | 2 | | any controversy concerning wages, salaries, hours, working | 3 | | conditions or benefits, including health and welfare, sick | 4 | | leave, insurance, and pension or retirement provisions, the | 5 | | making or maintaining of collective bargaining agreements, and | 6 | | the terms to be included in those agreements. | 7 | | "Stalking no contact order" means an emergency order or | 8 | | plenary order granted under this Act, which includes a remedy | 9 | | authorized by Section 80 of this Act.
| 10 | | (Source: P.A. 100-1000, eff. 1-1-19 .) | 11 | | Section 10. The Civil No Contact Order Act is amended by | 12 | | changing Section 213 as follows:
| 13 | | (740 ILCS 22/213)
| 14 | | Sec. 213. Civil no contact order; remedies.
| 15 | | (a) If the court finds that the petitioner has been a | 16 | | victim of
non-consensual sexual conduct or non-consensual | 17 | | sexual penetration, a civil no
contact order shall issue; | 18 | | provided that the petitioner must also satisfy the
| 19 | | requirements of Section
214 on emergency orders or Section 215 | 20 | | on plenary orders. The petitioner
shall not be denied a civil | 21 | | no contact order because the petitioner or the
respondent is a | 22 | | minor. The court, when
determining whether or not to issue a | 23 | | civil no contact order, may not
require physical injury on the | 24 | | person of the victim.
Modification and extension of prior |
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| 1 | | civil no contact orders shall be in
accordance with this Act.
| 2 | | (a-5) When a petition for a civil no contact order is | 3 | | granted, the order shall not be publicly available until the | 4 | | order is served on the respondent. | 5 | | (b) (Blank).
| 6 | | (b-5) The court may provide relief as follows: | 7 | | (1) prohibit the respondent from knowingly coming | 8 | | within, or knowingly remaining within, a specified | 9 | | distance from the petitioner; | 10 | | (2) restrain the respondent from having any contact, | 11 | | including nonphysical contact and electronic communication | 12 | | as defined in Section 26.5-0.1 of the Criminal Code of | 13 | | 2012 , with the petitioner directly, indirectly, or through | 14 | | third parties, regardless of whether those third parties | 15 | | know of the order; | 16 | | (3) prohibit the respondent from knowingly coming | 17 | | within, or knowingly remaining within, a specified | 18 | | distance from the petitioner's residence, school, day care | 19 | | or other specified location; | 20 | | (4) order the respondent to stay away from any | 21 | | property or animal owned, possessed, leased, kept, or held | 22 | | by the petitioner and forbid the respondent from taking, | 23 | | transferring, encumbering, concealing, harming, or | 24 | | otherwise disposing of the property or animal; and | 25 | | (5) order any other injunctive relief as necessary or | 26 | | appropriate for the protection of the petitioner. |
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| 1 | | (b-6) When the petitioner and the respondent attend the | 2 | | same public or private elementary, middle, or high school, the | 3 | | court when issuing a civil no contact order and providing | 4 | | relief shall consider the severity of the act, any continuing | 5 | | physical danger or emotional distress to the petitioner, the | 6 | | educational rights guaranteed to the petitioner and respondent | 7 | | under federal and State law, the availability of a transfer of | 8 | | the respondent to another school, a change of placement or a | 9 | | change of program of the respondent, the expense, difficulty, | 10 | | and educational disruption that would be caused by a transfer | 11 | | of the respondent to another school, and any other relevant | 12 | | facts of the case. The court may order that the respondent not | 13 | | attend the public, private, or non-public elementary, middle, | 14 | | or high school attended by the petitioner, order that the | 15 | | respondent accept a change of placement or program, as | 16 | | determined by the school district or private or non-public | 17 | | school, or place restrictions on the respondent's movements | 18 | | within the school attended by the petitioner.
The respondent | 19 | | bears the burden of proving by a preponderance of the evidence | 20 | | that a transfer, change of placement, or change of program of | 21 | | the respondent is not available. The respondent also bears the | 22 | | burden of production with respect to the expense, difficulty, | 23 | | and educational disruption that would be caused by a transfer | 24 | | of the respondent to another school. A transfer, change of | 25 | | placement, or change of program is not unavailable to the | 26 | | respondent solely on the ground that the respondent does not |
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| 1 | | agree with the school district's or private or non-public | 2 | | school's transfer, change of placement, or change of program | 3 | | or solely on the ground that the respondent fails or refuses to | 4 | | consent to or otherwise does not take an action required to | 5 | | effectuate a transfer, change of placement, or change of | 6 | | program.
When a court orders a respondent to stay away from the | 7 | | public, private, or non-public school attended by the | 8 | | petitioner and the respondent requests a transfer to another | 9 | | attendance center within the respondent's school district or | 10 | | private or non-public school, the school district or private | 11 | | or non-public school shall have sole discretion to determine | 12 | | the attendance center to which the respondent is transferred.
| 13 | | In the event the court order results in a transfer of the minor | 14 | | respondent to another attendance center, a change in the | 15 | | respondent's placement, or a change of the respondent's | 16 | | program, the parents, guardian, or legal custodian of the | 17 | | respondent is responsible for transportation and other costs | 18 | | associated with the transfer or change. | 19 | | (b-7) The court may order the parents, guardian, or legal | 20 | | custodian of a minor respondent to take certain actions or to | 21 | | refrain from taking certain actions to ensure that the | 22 | | respondent complies with the order. In the event the court | 23 | | orders a transfer of the respondent to another school, the | 24 | | parents or legal guardians of the respondent are responsible | 25 | | for transportation and other costs associated with the change | 26 | | of school by the respondent. |
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| 1 | | (c) Denial of a remedy may not be based, in whole or in | 2 | | part, on
evidence that:
| 3 | | (1) the respondent has cause for any use of force, | 4 | | unless that
cause satisfies the standards for justifiable | 5 | | use of force provided
by Article 7 of the Criminal Code of | 6 | | 2012;
| 7 | | (2) the respondent was voluntarily intoxicated;
| 8 | | (3) the petitioner acted in self-defense or defense of | 9 | | another,
provided that, if the petitioner utilized force, | 10 | | such force was
justifiable under Article 7 of the Criminal | 11 | | Code of 2012;
| 12 | | (4) the petitioner did not act in self-defense or | 13 | | defense of
another;
| 14 | | (5) the petitioner left the residence or household to | 15 | | avoid
further non-consensual sexual conduct or | 16 | | non-consensual sexual penetration
by the respondent; or
| 17 | | (6) the petitioner did not leave the residence or | 18 | | household to
avoid further non-consensual sexual conduct | 19 | | or non-consensual sexual
penetration by the respondent.
| 20 | | (d) Monetary damages are not recoverable as a remedy.
| 21 | | (Source: P.A. 101-255, eff. 1-1-20 .)
| 22 | | Section 15. The Internet Dating, Internet Child Care, | 23 | | Internet Senior Care, and Internet Home Care Safety Act is | 24 | | amended by changing Section 5 as follows: |
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| 1 | | (815 ILCS 518/5)
| 2 | | Sec. 5. Definitions. As used in this Act: | 3 | | "Criminal background screening" means a name search for a | 4 | | person's criminal convictions initiated by an Internet dating | 5 | | service provider, an Internet child care service provider, an | 6 | | Internet senior care service provider, or an Internet home | 7 | | care provider and conducted by:
| 8 | | (1) searching available and regularly updated | 9 | | government public record databases for criminal | 10 | | convictions so long as such databases, in the aggregate, | 11 | | provide substantial national coverage; or
| 12 | | (2) searching a database maintained by a private | 13 | | vendor that is regularly updated and is maintained in the | 14 | | United States with substantial national coverage of | 15 | | criminal history records and sexual offender registries.
| 16 | | "Internet dating service" means a person or entity in the | 17 | | business , for a fee, of providing dating, romantic | 18 | | relationship, or matrimonial services principally on or | 19 | | through the Internet.
| 20 | | "Internet child care service" means a person or entity, in | 21 | | the business, for a fee, of providing access to a database, | 22 | | principally on or through the Internet, of seekers and | 23 | | providers of child care services. | 24 | | "Internet senior care service" means a person or entity in | 25 | | the business, for a fee, of providing access to a database, | 26 | | principally on or through the Internet, of seekers and |
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| 1 | | providers of senior care services. | 2 | | "Internet home care service" means a person or entity in | 3 | | the business, for a fee, of providing access to a database, | 4 | | principally on or through the Internet, of seekers and | 5 | | providers of domestic home care services including, dog | 6 | | walkers, pet sitters, housekeepers, house cleaners, house | 7 | | sitters, and tutors. | 8 | | "Member" means a customer, client, or participant who | 9 | | submits to an Internet dating service, Internet child care
| 10 | | service, Internet senior care service, or Internet home care | 11 | | service information required to access the service for the | 12 | | purpose of engaging in dating, relationship, compatibility, | 13 | | matrimonial, or social, child care, senior care, or home care | 14 | | referral.
| 15 | | "Illinois member" means a member who provides an Illinois | 16 | | billing address or zip code when registering with the service.
| 17 | | "Criminal conviction" means a conviction for any crime | 18 | | including but not limited to any sex offense that would | 19 | | qualify the offender for registration pursuant to the Sex | 20 | | Offender Registration Act or under another jurisdiction's | 21 | | equivalent statute.
| 22 | | (Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)
| 23 | | Section 20. The Dating Referral Services Act is amended by | 24 | | changing Section 15 as follows:
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| 1 | | (815 ILCS 615/15) (from Ch. 29, par. 1051-15)
| 2 | | Sec. 15. Written contract required. Every contract for
| 3 | | dating referral services shall be in writing and shall be
| 4 | | subject to this Act. All provisions, requirements, and | 5 | | prohibitions
that are mandated by this Act and the Internet | 6 | | Dating, Internet Child Care, Internet Senior Care, and | 7 | | Internet Home Care Safety Act shall be contained in the | 8 | | written
contract before it is signed by the customer. A copy of | 9 | | the
written contract shall be given to the customer at the time | 10 | | the
customer signs the contract. Dating referral enterprises | 11 | | shall
maintain original copies of all contracts for services | 12 | | for as
long as the contracts are in effect and for a period of | 13 | | 3 years
thereafter.
| 14 | | (Source: P.A. 87-450.)
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