Full Text of HB2095 103rd General Assembly
HB2095 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2095 Introduced 2/7/2023, by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED: |
| 740 ILCS 21/80 | |
740 ILCS 22/213 |
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Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.
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| | A BILL FOR |
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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 80 as follows: | 6 | | (740 ILCS 21/80)
| 7 | | Sec. 80. Stalking no contact orders; remedies. | 8 | | (a) If the court finds that the petitioner has been a | 9 | | victim of stalking, a stalking no contact order shall issue; | 10 | | provided that the petitioner must also satisfy the | 11 | | requirements of Section 95 on emergency orders or Section 100 | 12 | | on plenary orders. The petitioner shall not be denied a | 13 | | stalking no contact order because the petitioner or the | 14 | | respondent is a minor. The court, when determining whether or | 15 | | not to issue a stalking no contact order, may not require | 16 | | physical injury on the person of the petitioner. Modification | 17 | | and extension of prior stalking no contact orders shall be in | 18 | | accordance with this Act. | 19 | | (b) A stalking no contact order shall order one or more of | 20 | | the following: | 21 | | (1) prohibit the respondent from threatening to commit | 22 | | or committing stalking; | 23 | | (2) order the respondent not to have any contact with |
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| 1 | | the petitioner or a third person specifically named by the | 2 | | court; | 3 | | (3) prohibit the respondent from knowingly coming | 4 | | within, or knowingly remaining within a specified distance | 5 | | of the petitioner or the petitioner's residence, school, | 6 | | daycare, or place of employment, or any specified place | 7 | | frequented by the petitioner; however, the court may order | 8 | | the respondent to stay away from the respondent's own | 9 | | residence, school, or place of employment only if the | 10 | | respondent has been provided actual notice of the | 11 | | opportunity to appear and be heard on the petition; | 12 | | (4) prohibit the respondent from possessing a Firearm | 13 | | Owners Identification Card, or possessing or buying | 14 | | firearms; and | 15 | | (5) order other injunctive relief the court determines | 16 | | to be necessary to protect the petitioner or third party | 17 | | specifically named by the court. | 18 | | (b-5) When the petitioner and the respondent attend the | 19 | | same public, private, or non-public elementary, middle, or | 20 | | high school, the court when issuing a stalking no contact | 21 | | order and providing relief shall consider the severity of the | 22 | | act, any continuing physical danger or emotional distress to | 23 | | the petitioner, the educational rights guaranteed to the | 24 | | petitioner and respondent under federal and State law, the | 25 | | availability of a transfer of the respondent to another | 26 | | school, a change of placement or a change of program of the |
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| 1 | | respondent, the expense, difficulty, and educational | 2 | | disruption that would be caused by a transfer of the | 3 | | respondent to another school, and any other relevant facts of | 4 | | the case. The court may order that the respondent not attend | 5 | | the public, private, or non-public elementary, middle, or high | 6 | | school attended by the petitioner, order that the respondent | 7 | | accept a change of placement or program, as determined by the | 8 | | school district or private or non-public school, or place | 9 | | restrictions on the respondent's movements within the school | 10 | | attended by the petitioner.
The respondent bears the burden of | 11 | | proving by a preponderance of the evidence that a transfer, | 12 | | change of placement, or change of program of the respondent is | 13 | | not available. The respondent also bears the burden of | 14 | | production with respect to the expense, difficulty, and | 15 | | educational disruption that would be caused by a transfer of | 16 | | the respondent to another school. A transfer, change of | 17 | | placement, or change of program is not unavailable to the | 18 | | respondent solely on the ground that the respondent does not | 19 | | agree with the school district's or private or non-public | 20 | | school's transfer, change of placement, or change of program | 21 | | or solely on the ground that the respondent fails or refuses to | 22 | | consent to or otherwise does not take an action required to | 23 | | effectuate a transfer, change of placement, or change of | 24 | | program.
When a court orders a respondent to stay away from the | 25 | | public, private, or non-public school attended by the | 26 | | petitioner and the respondent requests a transfer to another |
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| 1 | | attendance center within the respondent's school district or | 2 | | private or non-public school, the school district or private | 3 | | or non-public school shall have sole discretion to determine | 4 | | the attendance center to which the respondent is transferred.
| 5 | | In the event the court order results in a transfer of the minor | 6 | | respondent to another attendance center, a change in the | 7 | | respondent's placement, or a change of the respondent's | 8 | | program, the parents, guardian, or legal custodian of the | 9 | | respondent is responsible for transportation and other costs | 10 | | associated with the transfer or change. | 11 | | (b-6) The court may order the parents, guardian, or legal | 12 | | custodian of a minor respondent to take certain actions or to | 13 | | refrain from taking certain actions to ensure that the | 14 | | respondent complies with the order. In the event the court | 15 | | orders a transfer of the respondent to another school, the | 16 | | parents, guardian, or legal custodian of the respondent are | 17 | | responsible for transportation and other costs associated with | 18 | | the change of school by the respondent. | 19 | | (b-7) The court shall not hold a school district or | 20 | | private or non-public school or any of its employees in civil | 21 | | or criminal contempt unless the school district or private or | 22 | | non-public school has been allowed to intervene. | 23 | | (b-8) The court may hold the parents, guardian, or legal | 24 | | custodian of a minor respondent in civil or criminal contempt | 25 | | for a violation of any provision of any order entered under | 26 | | this Act for conduct of the minor respondent in violation of |
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| 1 | | this Act if the
parents, guardian, or legal custodian | 2 | | directed, encouraged, or assisted the respondent minor in such | 3 | | conduct. | 4 | | (c) The court shall may award the petitioner costs and | 5 | | attorney's attorneys fees if a stalking no contact order is | 6 | | granted. | 7 | | (d) Monetary damages are not recoverable as a remedy. | 8 | | (e) If the stalking no contact order prohibits the | 9 | | respondent from possessing a Firearm Owner's Identification | 10 | | Card, or possessing or buying firearms; the court shall | 11 | | confiscate the respondent's Firearm Owner's Identification | 12 | | Card and immediately return the card to the Illinois State | 13 | | Police Firearm Owner's Identification Card Office.
| 14 | | (Source: P.A. 102-538, eff. 8-20-21.) | 15 | | Section 10. The Civil No Contact Order Act is amended by | 16 | | changing Section 213 as follows:
| 17 | | (740 ILCS 22/213)
| 18 | | Sec. 213. Civil no contact order; remedies.
| 19 | | (a) If the court finds that the petitioner has been a | 20 | | victim of
non-consensual sexual conduct or non-consensual | 21 | | sexual penetration, a civil no
contact order shall issue; | 22 | | provided that the petitioner must also satisfy the
| 23 | | requirements of Section
214 on emergency orders or Section 215 | 24 | | on plenary orders. The petitioner
shall not be denied a civil |
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| 1 | | no contact order because the petitioner or the
respondent is a | 2 | | minor. The court, when
determining whether or not to issue a | 3 | | civil no contact order, may not
require physical injury on the | 4 | | person of the victim.
Modification and extension of prior | 5 | | civil no contact orders shall be in
accordance with this Act.
| 6 | | (a-5) (Blank). | 7 | | (b) (Blank).
| 8 | | (b-5) The court may provide relief as follows: | 9 | | (1) prohibit the respondent from knowingly coming | 10 | | within, or knowingly remaining within, a specified | 11 | | distance from the petitioner; | 12 | | (2) restrain the respondent from having any contact, | 13 | | including nonphysical contact and electronic communication | 14 | | as defined in Section 26.5-0.1 of the Criminal Code of | 15 | | 2012, with the petitioner directly, indirectly, or through | 16 | | third parties, regardless of whether those third parties | 17 | | know of the order; | 18 | | (3) prohibit the respondent from knowingly coming | 19 | | within, or knowingly remaining within, a specified | 20 | | distance from the petitioner's residence, school, day care | 21 | | or other specified location; | 22 | | (4) order the respondent to stay away from any | 23 | | property or animal owned, possessed, leased, kept, or held | 24 | | by the petitioner and forbid the respondent from taking, | 25 | | transferring, encumbering, concealing, harming, or | 26 | | otherwise disposing of the property or animal; and |
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| 1 | | (5) order any other injunctive relief as necessary or | 2 | | appropriate for the protection of the petitioner. | 3 | | (b-6) When the petitioner and the respondent attend the | 4 | | same public or private elementary, middle, or high school, the | 5 | | court when issuing a civil no contact order and providing | 6 | | relief shall consider the severity of the act, any continuing | 7 | | physical danger or emotional distress to the petitioner, the | 8 | | educational rights guaranteed to the petitioner and respondent | 9 | | under federal and State law, the availability of a transfer of | 10 | | the respondent to another school, a change of placement or a | 11 | | change of program of the respondent, the expense, difficulty, | 12 | | and educational disruption that would be caused by a transfer | 13 | | of the respondent to another school, and any other relevant | 14 | | facts of the case. The court may order that the respondent not | 15 | | attend the public, private, or non-public elementary, middle, | 16 | | or high school attended by the petitioner, order that the | 17 | | respondent accept a change of placement or program, as | 18 | | determined by the school district or private or non-public | 19 | | school, or place restrictions on the respondent's movements | 20 | | within the school attended by the petitioner.
The respondent | 21 | | bears the burden of proving by a preponderance of the evidence | 22 | | that a transfer, change of placement, or change of program of | 23 | | the respondent is not available. The respondent also bears the | 24 | | burden of production with respect to the expense, difficulty, | 25 | | and educational disruption that would be caused by a transfer | 26 | | of the respondent to another school. A transfer, change of |
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| 1 | | placement, or change of program is not unavailable to the | 2 | | respondent solely on the ground that the respondent does not | 3 | | agree with the school district's or private or non-public | 4 | | school's transfer, change of placement, or change of program | 5 | | or solely on the ground that the respondent fails or refuses to | 6 | | consent to or otherwise does not take an action required to | 7 | | effectuate a transfer, change of placement, or change of | 8 | | program.
When a court orders a respondent to stay away from the | 9 | | public, private, or non-public school attended by the | 10 | | petitioner and the respondent requests a transfer to another | 11 | | attendance center within the respondent's school district or | 12 | | private or non-public school, the school district or private | 13 | | or non-public school shall have sole discretion to determine | 14 | | the attendance center to which the respondent is transferred.
| 15 | | In the event the court order results in a transfer of the minor | 16 | | respondent to another attendance center, a change in the | 17 | | respondent's placement, or a change of the respondent's | 18 | | program, the parents, guardian, or legal custodian of the | 19 | | respondent is responsible for transportation and other costs | 20 | | associated with the transfer or change. | 21 | | (b-7) The court may order the parents, guardian, or legal | 22 | | custodian of a minor respondent to take certain actions or to | 23 | | refrain from taking certain actions to ensure that the | 24 | | respondent complies with the order. In the event the court | 25 | | orders a transfer of the respondent to another school, the | 26 | | parents or legal guardians of the respondent are responsible |
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| 1 | | for transportation and other costs associated with the change | 2 | | of school by the respondent. | 3 | | (c) Denial of a remedy may not be based, in whole or in | 4 | | part, on
evidence that:
| 5 | | (1) the respondent has cause for any use of force, | 6 | | unless that
cause satisfies the standards for justifiable | 7 | | use of force provided
by Article 7 of the Criminal Code of | 8 | | 2012;
| 9 | | (2) the respondent was voluntarily intoxicated;
| 10 | | (3) the petitioner acted in self-defense or defense of | 11 | | another,
provided that, if the petitioner utilized force, | 12 | | such force was
justifiable under Article 7 of the Criminal | 13 | | Code of 2012;
| 14 | | (4) the petitioner did not act in self-defense or | 15 | | defense of
another;
| 16 | | (5) the petitioner left the residence or household to | 17 | | avoid
further non-consensual sexual conduct or | 18 | | non-consensual sexual penetration
by the respondent; or
| 19 | | (6) the petitioner did not leave the residence or | 20 | | household to
avoid further non-consensual sexual conduct | 21 | | or non-consensual sexual
penetration by the respondent.
| 22 | | (d) Monetary damages are not recoverable as a remedy. | 23 | | (e) The court shall award the petitioner costs and | 24 | | attorney's fees if a civil no contact order is granted.
| 25 | | (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22; | 26 | | 102-831, eff. 5-13-22.)
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