Public Act 100-0639
 
HB4796 EnrolledLRB100 16595 HEP 35345 b


  
    AN ACT concerning domestic violence.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Criminal Procedure of 1963 is 
amended  by changing Sections 112A-4 and 112A-4.5 as follows:
 


    (725 ILCS 5/112A-4)  (from Ch. 38, par. 112A-4)




    Sec. 112A-4. Persons protected by this Article.

    (a) The following persons are protected by
this Article in 
cases involving domestic violence:

        (1) any person abused by a family or household member;

        (2) any minor child or dependent adult in the care of

    such person; and

        (3) any person residing or employed at a private home 
    or public
shelter which is housing an abused family or 
    household member; and .
        (4) any of the following persons if the person is 
    abused by a family or household member of a child:
            (i) a foster parent of that child if the child has 
        been placed in the foster parent's home by the 
        Department of Children and Family Services or by 
        another state's public child welfare agency;
            (ii) a legally appointed guardian or legally 
        appointed custodian of that child;
            (iii) an adoptive parent of that child; or
            (iv) a prospective adoptive parent of that child if 
        the child has been placed in the prospective adoptive 
        parent's home pursuant to the Adoption Act or pursuant 
        to another state's law.
    For purposes of this paragraph (a)(4), individuals who 
would have been considered "family or household members" of the 
child under paragraph (3) of subsection (b) of Section 112A-3 
before a termination of the parental rights with respect to the 
child continue to meet the definition of "family or household 
members" of the child. 

    (a-5) The following persons are protected by this Article 
in cases involving sexual offenses:
        (1) any victim of non-consensual sexual conduct or
    
    non-consensual sexual penetration on whose behalf the 
    petition is brought;
        (2) any family or household member of the named
    victim; 
    and
        (3) any employee of or volunteer at a rape crisis 
    center.
    (a-10) The following persons are protected by this Article 
in cases involving stalking offenses:
        (1)  any victim of stalking; and
        (2)  any family or household member of the named victim. 
    (b) (Blank).

(Source: P.A. 100-199, eff. 1-1-18.)

 
    (725 ILCS 5/112A-4.5)
    Sec. 112A-4.5. Who may file petition.
    (a) A petition for an order of protection may be filed:
        (1) by a person
who
has been abused by a family or 
    household member; or
        (2) by any person on behalf
of a minor child or an 
    adult who has been
abused by a family or household
member 
    and who, because of age, health, disability, or 
    inaccessibility,
cannot file the petition; or . 
        (3) any of the following persons if the person is 
    abused by a family or household member of a child:
            (i) a foster parent of that child if the child has 
        been placed in the foster parent's home by the 
        Department of Children and Family Services or by 
        another state's public child welfare agency;
            (ii) a legally appointed guardian or legally 
        appointed custodian of that child;
            (iii) an adoptive parent of that child;
            (iv) a prospective adoptive parent of that child if 
        the child has been placed in the prospective adoptive 
        parent's home pursuant to the Adoption Act or pursuant 
        to another state's law.
    For purposes of this paragraph (a)(3), individuals who 
would have been considered "family or household members" of the 
child under paragraph (3) of subsection (b) of Section 112A-3 
before a termination of the parental rights with respect to the 
child continue to meet the definition of "family or household 
members" of the child. 
    (b) A petition for a civil no contact order may be filed:
        (1) by any person who is a victim of non-consensual
    
    sexual conduct or non-consensual sexual penetration, 
    including a single incident of non-consensual sexual 
    conduct or non-consensual sexual penetration; or
        (2) by a person on behalf of a minor child or an
    adult 
    who is a victim of non-consensual sexual conduct or 
    non-consensual sexual penetration but, because of age, 
    disability, health, or inaccessibility, cannot file the 
    petition.
    (c) A petition for a stalking no contact order may be 
filed:
        (1) by any person who is a victim of stalking; or
        (2) by a person on behalf of a minor child or an
    adult 
    who is a victim of stalking but, because of age, 
    disability, health, or inaccessibility, cannot file the 
    petition.
    (d)  The State's Attorney shall file a petition on behalf on 
any person who may file a petition under subsections (a), (b) 
or (c) of this Section if the person requests the State's 
Attorney to file a petition on the person's behalf. 
    (e) Any petition properly
filed under this Article may seek

protection for any additional persons protected by this 
Article. 

(Source: P.A. 100-199, eff. 1-1-18.)
 
    Section 10. The Illinois Domestic Violence Act of 1986 is 
amended  by changing Section 201 as follows:
 



    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)



    Sec. 201. Persons protected by this Act. 

    (a) The following persons are protected by this Act:


        (i) any person abused by a family or household member;


        (ii) any high-risk adult with disabilities who is 
    abused, neglected,
or exploited by a family or household 
    member;


        (iii) any minor child or dependent adult in the care of 
    such person; and


        (iv) any person residing or employed at a private home 
    or public
shelter which is housing an abused family or 
    household member; and .

        (v) any of the following persons if the person is 
    abused by a family or household member of a child:
            (A) a foster parent of that child if the child has 
        been placed in the foster parent's home by the 
        Department of Children and Family Services or by 
        another state's public child welfare agency;
            (B) a legally appointed guardian or legally 
        appointed custodian of that child;
            (C) an adoptive parent of that child; or
            (D) a prospective adoptive parent of that child if 
        the child has been placed in the prospective adoptive 
        parent's home pursuant to the Adoption Act or pursuant 
        to another state's law.
        For purposes of this paragraph (a)(v), individuals who 
    would have been considered "family or household members" of 
    the child under subsection (6) of Section 103 of this Act 
    before a termination of the parental rights with respect to 
    the child continue to meet the definition of "family or 
    household members" of the child. 
    (b) A petition for an order of protection may be filed

only:
        (i) by a person who
has been abused by a family or 
    household member or by any person on behalf
of a minor 
    child or an adult who has been
abused by a
family or 
    household
member and who, because of age, health, 
    disability, or inaccessibility,
cannot
file the petition; 
    , or
        (ii) by any person on behalf of a high-risk adult with

    disabilities who has been abused, neglected, or exploited 
    by a family or
household member; or
        (iii) any of the following persons if the person is 
    abused by a family or household member of a child:
            (A) a foster parent of that child if the child has 
        been placed in the foster parent's home by the 
        Department of Children and Family Services or by 
        another state's public child welfare agency;
            (B) a legally appointed guardian or legally 
        appointed custodian of that child;
            (C) an adoptive parent of that child;
            (D) a prospective adoptive parent of that child if 
        the child has been placed in the prospective adoptive 
        parent's home pursuant to the Adoption Act or pursuant 
        to another state's law.
        For purposes of this paragraph (b)(iii), individuals 
    who would have been considered "family or household 
    members" of the child under subsection (6) of Section 103 
    of this Act before a termination of the parental rights 
    with respect to the child continue to meet the definition 
    of "family or household members" of the child.  However, any 
    (c) Any petition properly filed under this Act may seek

protection for any additional persons protected by this Act.

(Source: P.A. 86-542; 87-1186.)

  


Effective Date:  1/1/2019