Bill Text: IL HB3292 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that it is unlawful for a person to knowingly coercively control another person without the other person's consent. Defines "coercive control". Provides that a violation is a Class A misdemeanor and provides for enhancements for multiple violations of the Section and for convictions of previous crimes. Amends the Illinois Domestic Violence Act of 1986 and Code of Criminal Procedure of 1963. Adds a definition of "coercive control" and adds coercive control to the definition of "abuse".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3292 Detail]

Download: Illinois-2021-HB3292-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3292 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
720 ILCS 5/1-8 from Ch. 38, par. 1-8
720 ILCS 5/12-39 new
725 ILCS 5/112A-3 from Ch. 38, par. 112A-3
750 ILCS 60/103 from Ch. 40, par. 2311-3
Amends the Criminal Code of 2012. Provides that it is unlawful for a person to knowingly coercively control another person without the other person's consent. Defines "coercive control". Provides that a violation is a Class A misdemeanor and provides for enhancements for multiple violations of the Section and for convictions of previous crimes. Amends the Illinois Domestic Violence Act of 1986 and Code of Criminal Procedure of 1963. Adds a definition of "coercive control" and adds coercive control to the definition of "abuse".
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3292 LRB102 13896 KMF 19247 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 1-8 and by adding Section 12-39 as follows:
(720 ILCS 5/1-8) (from Ch. 38, par. 1-8)
Sec. 1-8. Order of protection; status. Whenever relief
sought under this Code is based on allegations of domestic
violence, as defined in the Illinois Domestic Violence Act of
1986, or coercive control, as defined in Section 12-39, the
court, before granting relief, shall determine whether any
order of protection has previously been entered in the instant
proceeding or any other proceeding in which any party, or a
child of any party, or both, if relevant, has been designated
as either a respondent or a protected person.
(Source: P.A. 87-743.)
(720 ILCS 5/12-39 new)
Sec. 12-39. Coercive control.
(a) As used in this Section, "coercive control" means a
pattern of threatening, humiliating, or intimidating actions,
which may include assaults or other abuse, that is used to
harm, punish, or frighten an individual. "Coercive control"

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includes a pattern of behavior that seeks to take away the
individual's liberty or freedom and strip away the
individual's sense of self, including bodily integrity and
human rights, and is designed to make an individual dependent
through isolation from support, exploitation, deprivation of
independence, and regulation of everyday behavior, including:
(1) Isolating the individual from friends and family.
(2) Controlling how much money is accessible to the
individual and how it is spent.
(3) Monitoring the individual's activities,
communications, and movements.
(4) Name-calling, degradation, and demeaning the
individual frequently.
(5) Threatening to harm or kill the individual or a
child or relative of the individual.
(6) Threatening to publish information or make reports
to the police or the authorities.
(7) Damaging property or household goods.
(8) Forcing the individual to take part in criminal
activity or child abuse.
"Coercive control" does not include reasonable direction
of a minor child by a parent or person in loco parentis.
(b) It is unlawful for a person to knowingly coercively
control another person without the other person's consent.
(c) A violation of subsection (b) is a Class A
misdemeanor. A violation of subsection (b) is a Class 4 felony

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if the defendant has any prior conviction under this Code for
violation of an order of protection (Section 12-3.4) or any
prior conviction under the law of another jurisdiction for an
offense that is substantially similar. A violation of
subsection (b) is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05), heinous battery (subdivision (a)(2)
of Section 12-3.05), aggravated battery with a firearm
(subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05), aggravated battery with a machine gun or a firearm
equipped with a silencer (subdivision (e)(5), (e)(6), (e)(7),
or (e)(8) of Section 12-3.05), aggravated battery of a child
(subdivision (b)(1) of Section 12-3.05), aggravated battery of
an unborn child (subsection (a-5) of Section 12-3.1),
aggravated battery of a senior citizen (subdivision (a)(4) of
Section 12-3.05), stalking (Section 12-7.3), aggravated
stalking (Section 12-7.4), criminal sexual assault (Section
11-1.20), aggravated criminal sexual assault (Section
11-1.30), kidnapping (Section 10-1), aggravated kidnapping
(Section 10-2), predatory criminal sexual assault of a child
(Section 11-1.40), aggravated criminal sexual abuse (Section
11-1.60), unlawful restraint (Section 10-3), aggravated
unlawful restraint (Section 10-3.1), aggravated arson (Section
20-1.1), or aggravated discharge of a firearm (Section

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24-1.2), or any prior conviction under the law of another
jurisdiction for any offense that is substantially similar to
the offenses listed in this Section, when any of these
offenses have been committed against a family or household
member. A violation of subsection (b) is a Class 4 felony if
the defendant has one or 2 prior convictions under this Code
for a violation of subsection (b), or one or 2 prior
convictions under the law of another jurisdiction for any
offense which is substantially similar. A violation of
subsection (b) is a Class 3 felony if the defendant had 3 prior
convictions under this Code for coercively controlling another
person under subsection (b), or 3 prior convictions under the
law of another jurisdiction for any offense which is
substantially similar. A violation of subsection (b) is a
Class 2 felony if the defendant had 4 or more prior convictions
under this Code for coercively controlling another person
under subsection (b), or 4 or more prior convictions under the
law of another jurisdiction for any offense that is
substantially similar. In addition to any other sentencing
alternatives, for any second or subsequent conviction of
violating this Section, the offender shall be mandatorily
sentenced to a minimum of 72 consecutive hours of
imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.

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Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-3 as follows:
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In this Article:
"Advocate" means a person whose communications with the
victim are privileged under Section 8-802.1 or 8-802.2 of the
Code of Civil Procedure or Section 227 of the Illinois
Domestic Violence Act of 1986.
"Named victim" means the person named as the victim in the
delinquency petition or criminal prosecution.
"Protective order" means a domestic violence order of
protection, a civil no contact order, or a stalking no contact
order.
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this
Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation, or coercive control, but
does not include reasonable direction of a minor child by
a parent or person in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1) of this subsection (b).
(3) "Family or household members" include spouses,

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former spouses, parents, children, stepchildren, and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common,
persons who share or allegedly share a blood relationship
through a child, persons who have or have had a dating or
engagement relationship, persons with disabilities and
their personal assistants, and caregivers as defined in
subsection (e) of Section 12-4.4a of the Criminal Code of
2012. For purposes of this paragraph (3), neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable
under the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to
the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;

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(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other
place occupied by petitioner or by peering in
petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following
an actual or attempted improper removal or
concealment, unless respondent was fleeing from an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel
another to engage in conduct from which she or he has a
right to abstain or to refrain from conduct in which she or
he has a right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health, or
disability to participation in or the witnessing of:
physical force against another or physical confinement or

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restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" or "domestic violence order
of protection" means an ex parte or final order, granted
pursuant to this Article, which includes any or all of the
remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named
petitioner for the domestic violence order of protection
and any named victim of abuse on whose behalf the petition
is brought, but also any other person protected by this
Article.
(9) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for a domestic
violence order of protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and

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written notes), or through third parties who may or may
not know about the domestic violence order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk
of physical, mental or emotional harm, except with regard
to medical care and treatment when such dependent person
has expressed the intent to forgo such medical care or
treatment. This paragraph (10) does not create any new
affirmative duty to provide support to dependent persons.
(11) "Coercive control" has the meaning given to that
term in Section 12-39 of the Criminal Code of 2012.
(c) For the purposes of cases involving sexual offenses,
the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.5 of this Code.
(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner

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for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under
this Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or
any part of the body of a child under 13 years of age, or
any transfer or transmission of semen by the respondent
upon any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or
arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or
anus of another person, including, but not limited to,
cunnilingus, fellatio, or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical

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presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
The incarceration of a person in a penal institution who
commits the course of conduct is not a bar to prosecution.
(2) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the

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victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace
or residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the
stalking no contact order or any named victim of stalking
on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge
of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging in a course of conduct
directed at a specific person, and he or she knows or
should know that this course of conduct would cause a
reasonable person to fear for his or her safety or the
safety of a third person or suffer emotional distress.
"Stalking" does not include an exercise of the right to
free speech or assembly that is otherwise lawful or
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or

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retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.7 of this Code.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 103 as follows:
(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
Sec. 103. Definitions. For the purposes of this Act, the
following terms shall have the following meanings:
(1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation, or coercive control, but does not include
reasonable direction of a minor child by a parent or person in
loco parentis.
(2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A person
may be an adult with disabilities for purposes of this Act even
though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or
continued on behalf of an adult with disabilities over that
adult's objection, unless such proceeding is approved by his

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or her legal guardian, if any.
(3) "Domestic violence" means abuse as defined in
paragraph (1).
(4) "Elder adult with disabilities" means an adult
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or household
member.
(5) "Exploitation" means the illegal, including tortious,
use of a high-risk adult with disabilities or of the assets or
resources of a high-risk adult with disabilities. Exploitation
includes, but is not limited to, the misappropriation of
assets or resources of a high-risk adult with disabilities by
undue influence, by breach of a fiduciary relationship, by
fraud, deception, or extortion, or the use of such assets or
resources in a manner contrary to law.
(6) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have
or allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of the Criminal Code
of 2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2

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individuals in business or social contexts shall be deemed to
constitute a dating relationship. In the case of a high-risk
adult with disabilities, "family or household members"
includes any person who has the responsibility for a high-risk
adult as a result of a family relationship or who has assumed
responsibility for all or a portion of the care of a high-risk
adult with disabilities voluntarily, or by express or implied
contract, or by court order.
(7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
(i) creating a disturbance at petitioner's place of
employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under surveillance
by remaining present outside his or her home, school,
place of employment, vehicle or other place occupied by
petitioner or by peering in petitioner's windows;
(v) improperly concealing a minor child from

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petitioner, repeatedly threatening to improperly remove a
minor child of petitioner's from the jurisdiction or from
the physical care of petitioner, repeatedly threatening to
conceal a minor child from petitioner, or making a single
such threat following an actual or attempted improper
removal or concealment, unless respondent was fleeing an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(8) "High-risk adult with disabilities" means a person
aged 18 or over whose physical or mental disability impairs
his or her ability to seek or obtain protection from abuse,
neglect, or exploitation.
(9) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
(10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability
to participation in or the witnessing of: physical force
against another or physical confinement or restraint of
another which constitutes physical abuse as defined in this
Act, regardless of whether the abused person is a family or
household member.
(11) (A) "Neglect" means the failure to exercise that

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degree of care toward a high-risk adult with disabilities
which a reasonable person would exercise under the
circumstances and includes but is not limited to:
(i) the failure to take reasonable steps to protect a
high-risk adult with disabilities from acts of abuse;
(ii) the repeated, careless imposition of unreasonable
confinement;
(iii) the failure to provide food, shelter, clothing,
and personal hygiene to a high-risk adult with
disabilities who requires such assistance;
(iv) the failure to provide medical and rehabilitative
care for the physical and mental health needs of a
high-risk adult with disabilities; or
(v) the failure to protect a high-risk adult with
disabilities from health and safety hazards.
(B) Nothing in this subsection (10) shall be construed to
impose a requirement that assistance be provided to a
high-risk adult with disabilities over his or her objection in
the absence of a court order, nor to create any new affirmative
duty to provide support to a high-risk adult with
disabilities.
(12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by
Section 214 of this Act.
(13) "Petitioner" may mean not only any named petitioner

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for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other
person protected by this Act.
(14) "Physical abuse" includes sexual abuse and means any
of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(14.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
(15) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or
treatment when the dependent person has expressed an intent to
forgo such medical care or treatment. This paragraph does not
create any new affirmative duty to provide support to

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dependent persons.
(16) "Coercive control" has the meaning given to that term
in Section 12-39 of the Criminal Code of 2012.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)