Bill Text: IL HB1808 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Domestic Violence Act of 1986. Includes coercive control behavior in the definition of "abuse". Defines "coercive control behavior" as a pattern of behavior that unreasonably interferes with a person's free will and personal liberty.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1808 Detail]
Download: Illinois-2021-HB1808-Introduced.html
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1 | AN ACT concerning domestic violence.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Domestic Violence Act of 1986 is | |||||||||||||||||||
5 | amended by changing Section 103 as follows:
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6 | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
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7 | Sec. 103. Definitions. For the purposes of this Act, the | |||||||||||||||||||
8 | following
terms shall have the following meanings:
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9 | (1) "Abuse" means physical abuse, harassment, intimidation | |||||||||||||||||||
10 | of a dependent,
interference with personal liberty , coercive | |||||||||||||||||||
11 | control behavior, or willful deprivation but does not include
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12 | reasonable direction of a minor child by a parent or person in | |||||||||||||||||||
13 | loco parentis.
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14 | (2) "Adult with disabilities" means an elder adult with | |||||||||||||||||||
15 | disabilities
or a high-risk adult with disabilities. A person | |||||||||||||||||||
16 | may be an adult with
disabilities for purposes of this Act even | |||||||||||||||||||
17 | though he or she has never been
adjudicated an incompetent | |||||||||||||||||||
18 | adult. However, no court proceeding may be
initiated or | |||||||||||||||||||
19 | continued on
behalf of an adult with disabilities over that | |||||||||||||||||||
20 | adult's objection, unless such
proceeding is approved by his | |||||||||||||||||||
21 | or her legal guardian, if any.
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22 | (2.5) "Coercive control behavior" means a pattern of | |||||||||||||||||||
23 | behavior that unreasonably interferes with a person's free |
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1 | will and personal liberty, including, but not limited to: | ||||||
2 | (1) isolating the other person from friends, | ||||||
3 | relatives, or other sources of support; | ||||||
4 | (2) depriving the other person of basic necessities; | ||||||
5 | (3) controlling, regulating, or monitoring the other | ||||||
6 | person's movements, communications, daily behavior, | ||||||
7 | finances, economic resources, or access to services; and | ||||||
8 | (4) compelling the other person by force, threat of | ||||||
9 | force, or intimidation to engage in conduct from which the | ||||||
10 | other person has a right to abstain, or abstain from | ||||||
11 | conduct in which the other person has a right to engage. | ||||||
12 | (3) "Domestic violence" means abuse as defined in | ||||||
13 | paragraph (1).
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14 | (4) "Elder adult with disabilities" means an adult | ||||||
15 | prevented by
advanced age from taking appropriate action to | ||||||
16 | protect himself or herself
from abuse by a family or household | ||||||
17 | member.
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18 | (5) "Exploitation" means the illegal, including tortious, | ||||||
19 | use of a
high-risk adult with disabilities or of the assets or | ||||||
20 | resources of a
high-risk adult with disabilities. Exploitation | ||||||
21 | includes, but is not
limited to, the misappropriation of | ||||||
22 | assets or resources of a high-risk
adult with disabilities by | ||||||
23 | undue influence, by breach of a fiduciary
relationship, by | ||||||
24 | fraud, deception, or extortion, or the use of such assets or
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25 | resources in a manner contrary to law.
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26 | (6) "Family or household members" include spouses, former |
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1 | spouses,
parents, children, stepchildren and other persons | ||||||
2 | related by blood or
by present or prior marriage, persons
who | ||||||
3 | share or formerly shared a common dwelling, persons who have | ||||||
4 | or
allegedly have a child in common, persons who share or | ||||||
5 | allegedly share a
blood relationship through a child, persons | ||||||
6 | who have or have had a dating
or engagement relationship, | ||||||
7 | persons with disabilities and their
personal assistants, and | ||||||
8 | caregivers as defined in Section 12-4.4a of the Criminal Code | ||||||
9 | of 2012.
For purposes of this paragraph, neither a casual | ||||||
10 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
11 | individuals in business or social
contexts shall be deemed to | ||||||
12 | constitute a dating relationship.
In the case of a high-risk | ||||||
13 | adult with
disabilities, "family or household members" | ||||||
14 | includes any person
who has the responsibility for a high-risk | ||||||
15 | adult as a result of a family
relationship or who has assumed | ||||||
16 | responsibility for all or a portion of the
care of a high-risk | ||||||
17 | adult with disabilities voluntarily, or by express or
implied | ||||||
18 | contract, or by court order.
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19 | (7) "Harassment" means knowing conduct which
is not | ||||||
20 | necessary to accomplish a purpose that is reasonable under the
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21 | circumstances; would cause a reasonable person emotional | ||||||
22 | distress; and
does cause emotional distress to the petitioner.
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23 | Unless the presumption is rebutted by a preponderance of the | ||||||
24 | evidence, the
following types of conduct shall be
presumed to | ||||||
25 | cause emotional distress:
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26 | (i) creating a disturbance at petitioner's place of |
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1 | employment or school;
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2 | (ii) repeatedly telephoning petitioner's place of | ||||||
3 | employment, home or residence;
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4 | (iii) repeatedly following petitioner about in a | ||||||
5 | public place or places;
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6 | (iv) repeatedly keeping petitioner under surveillance | ||||||
7 | by remaining
present outside his or her
home, school, | ||||||
8 | place of employment, vehicle or other place occupied by
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9 | petitioner or by peering in petitioner's windows;
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10 | (v) improperly concealing a minor child from | ||||||
11 | petitioner, repeatedly
threatening to improperly remove a | ||||||
12 | minor child of petitioner's from
the jurisdiction or from | ||||||
13 | the physical care of petitioner,
repeatedly threatening to | ||||||
14 | conceal a minor
child from petitioner, or making
a single | ||||||
15 | such
threat following an actual or attempted improper | ||||||
16 | removal or concealment,
unless respondent was fleeing an | ||||||
17 | incident or pattern of domestic violence; or
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18 | (vi) threatening physical force, confinement or | ||||||
19 | restraint on one or more occasions.
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20 | (8) "High-risk adult with disabilities" means a person | ||||||
21 | aged 18 or over
whose physical or mental disability impairs | ||||||
22 | his or her ability to seek or
obtain protection from abuse, | ||||||
23 | neglect, or exploitation.
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24 | (9) "Interference with personal liberty" means committing | ||||||
25 | or
threatening physical abuse, harassment, intimidation , or
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26 | willful deprivation so as to
compel another to
engage in |
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1 | conduct from which she or he has a right to abstain or to | ||||||
2 | refrain from conduct
in which she or he has a right to engage.
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3 | (10) "Intimidation of a dependent" means subjecting a | ||||||
4 | person
who is dependent
because of
age, health or disability | ||||||
5 | to participation in or the witnessing of: physical force
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6 | against another or physical confinement or restraint of | ||||||
7 | another which
constitutes physical abuse as defined in this | ||||||
8 | Act, regardless of whether the
abused person is a family or | ||||||
9 | household member.
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10 | (11) (A) "Neglect" means the failure to exercise that | ||||||
11 | degree of care
toward a high-risk adult with disabilities | ||||||
12 | which a reasonable person would
exercise under the | ||||||
13 | circumstances and includes but is not limited to:
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14 | (i) the failure to take reasonable steps to protect a | ||||||
15 | high-risk adult
with disabilities from acts of abuse;
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16 | (ii) the repeated, careless imposition of unreasonable | ||||||
17 | confinement;
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18 | (iii) the failure to provide food, shelter, clothing, | ||||||
19 | and personal
hygiene to a high-risk adult with | ||||||
20 | disabilities who requires such assistance;
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21 | (iv) the failure to provide medical and rehabilitative | ||||||
22 | care for the
physical and mental health needs of a | ||||||
23 | high-risk adult with disabilities; or
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24 | (v) the failure to protect a high-risk adult with | ||||||
25 | disabilities from
health and safety hazards.
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26 | (B) Nothing in this subsection (10) shall be construed to |
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1 | impose a requirement that
assistance be provided to a | ||||||
2 | high-risk adult with disabilities over his or
her objection in | ||||||
3 | the absence of a court order, nor to create any new
affirmative | ||||||
4 | duty to provide support to a high-risk adult with | ||||||
5 | disabilities.
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6 | (12) "Order of protection" means an emergency order, | ||||||
7 | interim
order or plenary order, granted pursuant to this Act,
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8 | which includes any or
all of the remedies authorized by | ||||||
9 | Section 214 of this Act.
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10 | (13) "Petitioner" may mean not only any named petitioner | ||||||
11 | for the order of
protection and any named victim of abuse on | ||||||
12 | whose behalf the petition
is brought, but also any other | ||||||
13 | person protected by this Act.
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14 | (14) "Physical abuse" includes sexual abuse and means any
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15 | of the following:
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16 | (i) knowing or reckless use of physical force, | ||||||
17 | confinement or restraint;
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18 | (ii) knowing, repeated and unnecessary sleep | ||||||
19 | deprivation; or
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20 | (iii) knowing or reckless conduct which creates an | ||||||
21 | immediate
risk of physical harm.
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22 | (14.5) "Stay away" means for the respondent to refrain | ||||||
23 | from both physical presence and nonphysical contact with the | ||||||
24 | petitioner whether direct, indirect (including, but not | ||||||
25 | limited to, telephone calls, mail, email, faxes, and written | ||||||
26 | notes), or through third parties who may or may not know about |
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1 | the order of protection.
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2 | (15) "Willful deprivation" means wilfully denying a person | ||||||
3 | who
because of age, health or disability requires medication,
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4 | medical care, shelter, accessible shelter or services, food,
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5 | therapeutic device, or other physical
assistance, and thereby | ||||||
6 | exposing that person to the risk of physical,
mental or | ||||||
7 | emotional harm, except with regard to medical care or | ||||||
8 | treatment
when the dependent person has expressed an intent to | ||||||
9 | forgo such medical
care or treatment. This paragraph does not
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10 | create any new affirmative duty to provide support to | ||||||
11 | dependent persons.
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12 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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