Bill Amendment: IL SB2288 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NO CONTACT ORDER-COUNSELING

Status: 2019-01-09 - Session Sine Die [SB2288 Detail]

Download: Illinois-2017-SB2288-Senate_Amendment_002.html

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Sen. Jil Tracy

Filed: 4/10/2018

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AMENDMENT TO SENATE BILL 2288
AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing
everything after the enacting clause with the following:
"Section 5. The Stalking No Contact Order Act is amended by
changing Section 80 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 95 on emergency orders or Section 100 on plenary
orders. The petitioner shall not be denied a stalking no
contact order because the petitioner or the respondent is a
minor. The court, when determining whether or not to issue a
stalking no contact order, may not require physical injury on
the person of the petitioner. Modification and extension of

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prior stalking no contact orders shall be in accordance with
this Act.
(b) A stalking no contact order shall order one or more of
the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order the respondent to submit to a mental health
evaluation; and
(6) (5) order other injunctive relief the court
determines to be necessary to protect the petitioner or
third party specifically named by the court.

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(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any
continuing physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another school,
a change of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption that would
be caused by a transfer of the respondent to another school,
and any other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended by the
petitioner, order that the respondent accept a change of
placement or program, as determined by the school district or
private or non-public school, or place restrictions on the
respondent's movements within the school attended by the
petitioner. The respondent bears the burden of proving by a
preponderance of the evidence that a transfer, change of
placement, or change of program of the respondent is not
available. The respondent also bears the burden of production
with respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the respondent
to another school. A transfer, change of placement, or change
of program is not unavailable to the respondent solely on the

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ground that the respondent does not agree with the school
district's or private or non-public school's transfer, change
of placement, or change of program or solely on the ground that
the respondent fails or refuses to consent to or otherwise does
not take an action required to effectuate a transfer, change of
placement, or change of program. When a court orders a
respondent to stay away from the public, private, or non-public
school attended by the petitioner and the respondent requests a
transfer to another attendance center within the respondent's
school district or private or non-public school, the school
district or private or non-public school shall have sole
discretion to determine the attendance center to which the
respondent is transferred. In the event the court order results
in a transfer of the minor respondent to another attendance
center, a change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for transportation
and other costs associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.

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(b-7) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Department of State
Police Firearm Owner's Identification Card Office.
(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1131, eff. 1-1-13.)
Section 10. The Civil No Contact Order Act is amended by
changing Section 213 as follows:
(740 ILCS 22/213)

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Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a
victim of non-consensual sexual conduct or non-consensual
sexual penetration, a civil no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 214 on emergency orders or Section 215 on plenary
orders. The petitioner shall not be denied a civil no contact
order because the petitioner or the respondent is a minor. The
court, when determining whether or not to issue a civil no
contact order, may not require physical injury on the person of
the victim. Modification and extension of prior civil no
contact orders shall be in accordance with this Act.
(b) (Blank).
(b-5) The court may provide relief as follows:
(1) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner;
(2) restrain the respondent from having any contact,
including nonphysical contact, with the petitioner
directly, indirectly, or through third parties, regardless
of whether those third parties know of the order;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner's residence, school, day care
or other specified location;
(4) order the respondent to stay away from any property

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or animal owned, possessed, leased, kept, or held by the
petitioner and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the property or animal; and
(5) order the respondent to submit to a mental health
evaluation; and
(6) (5) order any other injunctive relief as necessary
or appropriate for the protection of the petitioner.
(b-6) When the petitioner and the respondent attend the
same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent

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bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program or
solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private or
non-public school shall have sole discretion to determine the
attendance center to which the respondent is transferred. In
the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.

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(b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents or legal guardians of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(c) Denial of a remedy may not be based, in whole or in
part, on evidence that:
(1) the respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article 7 of the Criminal Code of
2012;
(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense of
another, provided that, if the petitioner utilized force,
such force was justifiable under Article 7 of the Criminal
Code of 2012;
(4) the petitioner did not act in self-defense or
defense of another;
(5) the petitioner left the residence or household to
avoid further non-consensual sexual conduct or
non-consensual sexual penetration by the respondent; or
(6) the petitioner did not leave the residence or
household to avoid further non-consensual sexual conduct

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or non-consensual sexual penetration by the respondent.
(d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1150, eff. 1-25-13.)".