Bill Text: IL HB4144 | 2023-2024 | 103rd General Assembly | Chaptered

Bill Title: Provides that the amendatory Act may be referred to as Karina's Law. Amends the Code of Criminal Procedure of 1963. Authorizes the court in a criminal proceeding to issue as a remedy an order that prohibits the possession of firearms and firearm parts capable of being assembled to make an operable firearm. Provides that a person who is subject to an existing domestic violence order of protection issued under the Code may not lawfully possess firearms or firearm parts that could be assembled to make an operable firearm. Contains provisions concerning the issuance of search warrants for firearms and firearm parts possessed in violation of such an order; the safekeeping and transfer of those items when seized or surrendered; the process to petition a court for the return of those items; and other matters of procedure. Amends the Illinois Domestic Violence Act of 1986. Authorizes a court to issue as a remedy for an order of protection violation an order prohibiting the possession of firearms and firearm parts capable of being assembled to make an operable firearm. Contains provisions concerning the issuance of search warrants for firearms and firearm parts possessed in violation of such an order; the safekeeping and transfer of those items when seized or surrendered; the process to petition a court for the return of those items; and other matters or procedure. Provides that, if a search warrant is issued under these provisions, the clerk of the issuing judge shall, or the petitioner may, on the same day that the warrant is issued, transmit the warrant to the law enforcement agency to which the warrant is directed. Provides that any act of omission or commission by any law enforcement officer acting in good faith in executing search warrants under the Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct. Effective 90 days after becoming law.

Sponsorship: Partisan Bill (Democrat 66)

Status: (Passed) 2025-02-10 - Public Act . . . . . . . . . 103-1065 [HB4144 Detail]

Download: Illinois-2023-HB4144-Chaptered.html
 


Public Act 103-1065

HB4144 EnrolledLRB103 34131 LNS 63949 b


    AN ACT concerning safety.

    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:

    Section 1. References to Act. This Act may be referred to 
as Karina's Law.

    Section 5. The Code of Criminal Procedure of 1963 is 
amended by changing Section 112A-14 as follows:

    (725 ILCS 5/112A-14)    (from Ch. 38, par. 112A-14)
    Sec. 112A-14. Domestic violence order of protection; 
remedies. 
    (a) (Blank).
    (b) The court may order any of the remedies listed in this 
subsection (b). The remedies listed in this subsection (b) 
shall be in addition to other civil or criminal remedies 
available to petitioner.
        (1) Prohibition of abuse. Prohibit respondent's 
 harassment, interference with personal liberty, 
 intimidation of a dependent, physical abuse, or willful 
 deprivation, as defined in this Article, if such abuse has 
 occurred or otherwise appears likely to occur if not 
 prohibited.
        (2) Grant of exclusive possession of residence. 
 Prohibit respondent from entering or remaining in any 
 residence, household, or premises of the petitioner, 
 including one owned or leased by respondent, if petitioner 
 has a right to occupancy thereof. The grant of exclusive 
 possession of the residence, household, or premises shall 
 not affect title to real property, nor shall the court be 
 limited by the standard set forth in subsection (c-2) of 
 Section 501 of the Illinois Marriage and Dissolution of 
 Marriage Act.
            (A) Right to occupancy. A party has a right to 
 occupancy of a residence or household if it is solely 
 or jointly owned or leased by that party, that party's 
 spouse, a person with a legal duty to support that 
 party or a minor child in that party's care, or by any 
 person or entity other than the opposing party that 
 authorizes that party's occupancy (e.g., a domestic 
 violence shelter). Standards set forth in subparagraph 
 (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and 
 respondent each has the right to occupancy of a 
 residence or household, the court shall balance (i) 
 the hardships to respondent and any minor child or 
 dependent adult in respondent's care resulting from 
 entry of this remedy with (ii) the hardships to 
 petitioner and any minor child or dependent adult in 
 petitioner's care resulting from continued exposure to 
 the risk of abuse (should petitioner remain at the 
 residence or household) or from loss of possession of 
 the residence or household (should petitioner leave to 
 avoid the risk of abuse). When determining the balance 
 of hardships, the court shall also take into account 
 the accessibility of the residence or household. 
 Hardships need not be balanced if respondent does not 
 have a right to occupancy.
            The balance of hardships is presumed to favor 
 possession by petitioner unless the presumption is 
 rebutted by a preponderance of the evidence, showing 
 that the hardships to respondent substantially 
 outweigh the hardships to petitioner and any minor 
 child or dependent adult in petitioner's care. The 
 court, on the request of petitioner or on its own 
 motion, may order respondent to provide suitable, 
 accessible, alternate housing for petitioner instead 
 of excluding respondent from a mutual residence or 
 household.
        (3) Stay away order and additional prohibitions. Order 
 respondent to stay away from petitioner or any other 
 person protected by the domestic violence order of 
 protection, or prohibit respondent from entering or 
 remaining present at petitioner's school, place of 
 employment, or other specified places at times when 
 petitioner is present, or both, if reasonable, given the 
 balance of hardships. Hardships need not be balanced for 
 the court to enter a stay away order or prohibit entry if 
 respondent has no right to enter the premises.
            (A) If a domestic violence order of protection 
 grants petitioner exclusive possession of the 
 residence, prohibits respondent from entering the 
 residence, or orders respondent to stay away from 
 petitioner or other protected persons, then the court 
 may allow respondent access to the residence to remove 
 items of clothing and personal adornment used 
 exclusively by respondent, medications, and other 
 items as the court directs. The right to access shall 
 be exercised on only one occasion as the court directs 
 and in the presence of an agreed-upon adult third 
 party or law enforcement officer.
            (B) When the petitioner and the respondent attend 
 the same public, private, or non-public elementary, 
 middle, or high school, the court when issuing a 
 domestic violence order of protection 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 change of 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 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 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. If 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.
            (C) 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. If 
 the court orders a transfer of the respondent to 
 another school, the parents, guardian, or legal 
 custodian of the respondent is responsible for 
 transportation and other costs associated with the 
 change of school by the respondent. 
        (4) Counseling. Require or recommend the respondent to 
 undergo counseling for a specified duration with a social 
 worker, psychologist, clinical psychologist, 
 psychiatrist, family service agency, alcohol or substance 
 abuse program, mental health center guidance counselor, 
 agency providing services to elders, program designed for 
 domestic violence abusers, or any other guidance service 
 the court deems appropriate. The court may order the 
 respondent in any intimate partner relationship to report 
 to an Illinois Department of Human Services protocol 
 approved partner abuse intervention program for an 
 assessment and to follow all recommended treatment. 
        (5) Physical care and possession of the minor child. 
 In order to protect the minor child from abuse, neglect, 
 or unwarranted separation from the person who has been the 
 minor child's primary caretaker, or to otherwise protect 
 the well-being of the minor child, the court may do either 
 or both of the following: (i) grant petitioner physical 
 care or possession of the minor child, or both, or (ii) 
 order respondent to return a minor child to, or not remove 
 a minor child from, the physical care of a parent or person 
 in loco parentis.
        If the respondent is charged with abuse (as defined in 
 Section 112A-3 of this Code) of a minor child, there shall 
 be a rebuttable presumption that awarding physical care to 
 respondent would not be in the minor child's best 
 interest.
        (6) Temporary allocation of parental responsibilities 
 and significant decision-making responsibilities. Award 
 temporary significant decision-making responsibility to 
 petitioner in accordance with this Section, the Illinois 
 Marriage and Dissolution of Marriage Act, the Illinois 
 Parentage Act of 2015, and this State's Uniform 
 Child-Custody Jurisdiction and Enforcement Act. 
        If the respondent is charged with abuse (as defined in 
 Section 112A-3 of this Code) of a minor child, there shall 
 be a rebuttable presumption that awarding temporary 
 significant decision-making responsibility to respondent 
 would not be in the child's best interest.
        (7) Parenting time. Determine the parenting time, if 
 any, of respondent in any case in which the court awards 
 physical care or temporary significant decision-making 
 responsibility of a minor child to petitioner. The court 
 shall restrict or deny respondent's parenting time with a 
 minor child if the court finds that respondent has done or 
 is likely to do any of the following:
            (i) abuse or endanger the minor child during 
 parenting time;
            (ii) use the parenting time as an opportunity to 
 abuse or harass petitioner or petitioner's family or 
 household members;
            (iii) improperly conceal or detain the minor 
 child; or
            (iv) otherwise act in a manner that is not in the 
 best interests of the minor child. 
        The court shall not be limited by the standards set 
 forth in Section 603.10 of the Illinois Marriage and 
 Dissolution of Marriage Act. If the court grants parenting 
 time, the order shall specify dates and times for the 
 parenting time to take place or other specific parameters 
 or conditions that are appropriate. No order for parenting 
 time shall refer merely to the term "reasonable parenting 
 time". Petitioner may deny respondent access to the minor 
 child if, when respondent arrives for parenting time, 
 respondent is under the influence of drugs or alcohol and 
 constitutes a threat to the safety and well-being of 
 petitioner or petitioner's minor children or is behaving 
 in a violent or abusive manner. If necessary to protect 
 any member of petitioner's family or household from future 
 abuse, respondent shall be prohibited from coming to 
 petitioner's residence to meet the minor child for 
 parenting time, and the petitioner and respondent shall 
 submit to the court their recommendations for reasonable 
 alternative arrangements for parenting time. A person may 
 be approved to supervise parenting time only after filing 
 an affidavit accepting that responsibility and 
 acknowledging accountability to the court.
        (8) Removal or concealment of minor child. Prohibit 
 respondent from removing a minor child from the State or 
 concealing the child within the State.
        (9) Order to appear. Order the respondent to appear in 
 court, alone or with a minor child, to prevent abuse, 
 neglect, removal or concealment of the child, to return 
 the child to the custody or care of the petitioner, or to 
 permit any court-ordered interview or examination of the 
 child or the respondent.
        (10) Possession of personal property. Grant petitioner 
 exclusive possession of personal property and, if 
 respondent has possession or control, direct respondent to 
 promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the 
 property; or
            (ii) the petitioner and respondent own the 
 property jointly; sharing it would risk abuse of 
 petitioner by respondent or is impracticable; and the 
 balance of hardships favors temporary possession by 
 petitioner.
        If petitioner's sole claim to ownership of the 
 property is that it is marital property, the court may 
 award petitioner temporary possession thereof under the 
 standards of subparagraph (ii) of this paragraph only if a 
 proper proceeding has been filed under the Illinois 
 Marriage and Dissolution of Marriage Act, as now or 
 hereafter amended.
        No order under this provision shall affect title to 
 property.
        (11) Protection of property. Forbid the respondent 
 from taking, transferring, encumbering, concealing, 
 damaging, or otherwise disposing of any real or personal 
 property, except as explicitly authorized by the court, 
 if:
            (i) petitioner, but not respondent, owns the 
 property; or
            (ii) the petitioner and respondent own the 
 property jointly, and the balance of hardships favors 
 granting this remedy.
        If petitioner's sole claim to ownership of the 
 property is that it is marital property, the court may 
 grant petitioner relief under subparagraph (ii) of this 
 paragraph only if a proper proceeding has been filed under 
 the Illinois Marriage and Dissolution of Marriage Act, as 
 now or hereafter amended.
        The court may further prohibit respondent from 
 improperly using the financial or other resources of an 
 aged member of the family or household for the profit or 
 advantage of respondent or of any other person.
        (11.5) Protection of animals. Grant the petitioner the 
 exclusive care, custody, or control of any animal owned, 
 possessed, leased, kept, or held by either the petitioner 
 or the respondent or a minor child residing in the 
 residence or household of either the petitioner or the 
 respondent and order the respondent to stay away from the 
 animal and forbid the respondent from taking, 
 transferring, encumbering, concealing, harming, or 
 otherwise disposing of the animal. 
        (12) Order for payment of support. Order respondent to 
 pay temporary support for the petitioner or any child in 
 the petitioner's care or over whom the petitioner has been 
 allocated parental responsibility, when the respondent has 
 a legal obligation to support that person, in accordance 
 with the Illinois Marriage and Dissolution of Marriage 
 Act, which shall govern, among other matters, the amount 
 of support, payment through the clerk and withholding of 
 income to secure payment. An order for child support may 
 be granted to a petitioner with lawful physical care of a 
 child, or an order or agreement for physical care of a 
 child, prior to entry of an order allocating significant 
 decision-making responsibility. Such a support order shall 
 expire upon entry of a valid order allocating parental 
 responsibility differently and vacating petitioner's 
 significant decision-making responsibility unless 
 otherwise provided in the order.
        (13) Order for payment of losses. Order respondent to 
 pay petitioner for losses suffered as a direct result of 
 the abuse. Such losses shall include, but not be limited 
 to, medical expenses, lost earnings or other support, 
 repair or replacement of property damaged or taken, 
 reasonable attorney's fees, court costs, and moving or 
 other travel expenses, including additional reasonable 
 expenses for temporary shelter and restaurant meals.
            (i) Losses affecting family needs. If a party is 
 entitled to seek maintenance, child support, or 
 property distribution from the other party under the 
 Illinois Marriage and Dissolution of Marriage Act, as 
 now or hereafter amended, the court may order 
 respondent to reimburse petitioner's actual losses, to 
 the extent that such reimbursement would be 
 "appropriate temporary relief", as authorized by 
 subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an 
 improper concealment or removal of a minor child, the 
 court may order respondent to pay the reasonable 
 expenses incurred or to be incurred in the search for 
 and recovery of the minor child, including, but not 
 limited to, legal fees, court costs, private 
 investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent 
 from entering or remaining in the residence or household 
 while the respondent is under the influence of alcohol or 
 drugs and constitutes a threat to the safety and 
 well-being of the petitioner or the petitioner's children.
        (14.5) Prohibition of possession of firearms and 
 firearm parts; search and seizure of firearms and firearm 
 parts firearm possession. 
            (A) Subject to the provisions of subparagraph 
 (B-2), if applicable, a A person who is subject to an 
 existing domestic violence order of protection issued 
 under this Code may not lawfully possess firearms or 
 firearm parts that could be assembled to make an 
 operable firearm weapons or a Firearm Owner's 
 Identification Card under Section 8.2 of the Firearm 
 Owners Identification Card Act.
            (B) Any firearms in the possession of the 
 respondent, except as provided in subparagraph (C) of 
 this paragraph (14.5) and subject to the provisions of 
 subparagraph (B-2), if applicable, shall be ordered by 
 the court to be surrendered to law enforcement turned 
 over to a person with a valid Firearm Owner's 
 Identification Card for safekeeping. Any firearms or 
 firearm parts on the respondent's person or at the 
 place of service shall be immediately surrendered to 
 the serving officers at the time of service of the 
 order of protection, and any other firearms or firearm 
 parts shall be surrendered to local law enforcement 
 within 24 hours of service of the order of protection. 
 Any Firearm Owner's Identification Card or Concealed 
 Carry License in the possession of the respondent, 
 except as provided in subparagraph (C), shall also be 
 ordered by the court to be turned over to serving 
 officers at the time of service of the order of 
 protection or, if not on the respondent's person or at 
 the location where the respondent is served at the 
 time of service, to local law enforcement within 24 
 hours of service of the order. The law enforcement 
 agency shall immediately mail the card, as well as any 
 license, to the Illinois State Police Firearm Owner's 
 Identification Card Office for safekeeping. The court 
 shall issue an order that the respondent comply with 
 Section 9.5 of the Firearm Owners Identification Card 
 Act.    
            (B-1) Upon request of the petitioner or the 
 State's Attorney on behalf of the petitioner, a law 
 enforcement officer may seek a search warrant based on 
 the allegations in the petition for the Order of 
 Protection.    
                (i) If requested by law enforcement, the court 
 shall issue a search warrant for the seizure of 
 any firearms or firearm parts that could be 
 assembled to make an operable firearm belonging to 
 the respondent at or after entry of an order of 
 protection if the court, based upon sworn 
 testimony and governed by Sections 108-3 and 
 108-4, finds probable cause exists that:    
                    (aa) the respondent poses an immediate and 
 present credible threat to the physical safety 
 of the petitioner protected by the order of 
 protection;    
                    (bb) the respondent possesses firearms or 
 firearm parts that could be assembled to make 
 an operable firearm; and
                    (cc) the firearms or firearm parts that 
 could be assembled to make an operable firearm 
 are located at the residence, vehicle, or 
 other property of the respondent to be 
 searched.    
                (ii) The search warrant shall specify with 
 particularity the scope of the search, including 
 the property to be searched, and shall direct the 
 law enforcement agency to seize the respondent's 
 firearms and firearm parts that could be assembled 
 to make an operable firearm. Law enforcement shall 
 also be directed to seize into their possession 
 any Firearm Owner's Identification Card and any 
 Concealed Carry License belonging to the 
 respondent.    
                (iii) The law enforcement agency to which the 
 court has directed the warrant shall execute the 
 warrant no later than 96 hours after issuance. The 
 law enforcement agency to which the court has 
 directed the warrant may coordinate with other law 
 enforcement agencies to execute the warrant. A 
 return of the warrant shall be filed by the law 
 enforcement agency within 24 hours of execution, 
 setting forth the time, date, and location where 
 the warrant was executed and what items, if any, 
 were seized. If the court is not in session, the 
 return information shall be returned on the next 
 date the court is in session. Subject to the 
 provisions of this Section, peace officers shall 
 have the same authority to execute a warrant 
 issued under this subsection as a warrant issued 
 under Article 108.
                (iv) If the property to be searched is in 
 another county, the petitioner or the State's 
 Attorney may seek a search warrant in that county 
 with the law enforcement agency with primary 
 responsibility for responding to service calls at 
 the property to be searched. Regardless of whether 
 the petitioner is working with the State's 
 Attorney under subsection (d) of Section 112A-4.5, 
 the petitioner may request the State's Attorney's 
 assistance to request that the law enforcement 
 agency in the county where the property is located 
 seek a search warrant.
                (v) Service of an order of protection shall, 
 to the extent possible, be concurrent with any 
 warrant issued under this paragraph.
            (B-2) Ex parte relief may be granted under this 
 paragraph (14.5) only if the court finds that personal 
 injury to the petitioner is likely to occur if the 
 respondent received prior notice and if the petitioner 
 has otherwise satisfied the requirements of Section 
 112A-17.5 of this Article.    
            (C) If the respondent is a peace officer as 
 defined in Section 2-13 of the Criminal Code of 2012, 
 the court shall order that any firearms used by the 
 respondent in the performance of his or her duties as a 
 peace officer be surrendered to the chief law 
 enforcement executive of the agency in which the 
 respondent is employed, who shall retain the firearms 
 for safekeeping for the duration of the domestic 
 violence order of protection.
            (D)(i) Any firearms or firearm parts that could be 
 assembled to make an operable firearm that have been 
 seized or surrendered shall be kept by the law 
 enforcement agency that took possession of the items 
 for safekeeping, except as provided in subparagraph 
 (C), (E), or (F). The period of safekeeping shall be 
 for the duration of the order of protection. Except as 
 provided in subparagraph (F), the respondent is 
 prohibited from transferring firearms or firearm parts 
 to another individual in lieu of surrender to law 
 enforcement. The law enforcement agency shall provide 
 an itemized statement of receipt to the respondent and 
 the court describing any seized or surrendered 
 firearms or firearm parts and informing the respondent 
 that the respondent may seek the return of the 
 respondent's items at the end of the order of 
 protection. The law enforcement agency may enter 
 arrangements, as needed, with federally licensed 
 firearm dealers or other law enforcement agencies for 
 the storage of any firearms seized or surrendered 
 under this subsection.
            (ii) It is the respondent's responsibility to 
 request the return or reinstatement of any Firearm 
 Owner's Identification Card or Concealed Carry License 
 and to notify the Illinois State Police Firearm 
 Owner's Identification Card Office at the end of the 
 Order of Protection.
            (iii) At the end of the order of protection, a 
 respondent may request the return of any seized or 
 surrendered firearms or firearm parts that could be 
 assembled to make an operable firearm. Seized or 
 surrendered firearms or firearm parts shall be 
 returned within 14 days of the request to the 
 respondent, if the respondent is lawfully eligible to 
 possess firearms, or to a designated third party who 
 is lawfully eligible to possess firearms. If Upon 
 expiration of the period of safekeeping, if the 
 firearms or firearm parts or Firearm Owner's 
 Identification Card cannot be returned to respondent 
 because (1) the respondent has not requested the 
 return or transfer of the firearms or firearm parts as 
 set forth in this subparagraph and (2) the respondent 
 cannot be located or , fails to respond to more than 3    
 requests to retrieve the firearms, or is not lawfully 
 eligible to possess a firearm, upon petition from the 
 appropriate local law enforcement agency and notice to 
 the respondent at the respondent's last known address, 
 the court may order the local law enforcement agency 
 to destroy the firearms or firearm parts; , use the 
 firearms or firearm parts for training purposes, or 
 for any other application as deemed appropriate by the 
 local law enforcement agency; or turn that the 
 firearms be turned over the firearms or firearm parts    
 to a third party who is lawfully eligible to possess 
 firearms, and who does not reside with respondent. 
            (E)(i) If a person other than the respondent 
 claims title to any firearms or firearm parts that 
 could be assembled to make an operable firearm seized 
 or surrendered under this subsection, the person may 
 petition the court to have the firearm and firearm 
 parts that could be assembled to make an operable 
 firearm returned to him or her with proper notice to 
 the petitioner and respondent. If, at a hearing on the 
 petition, the court determines the person to be the 
 lawful owner of the firearm and firearm parts that 
 could be assembled to make an operable firearm, the 
 firearm and firearm parts that could be assembled to 
 make an operable firearm shall be returned to the 
 person, provided that:    
                (aa) the firearm and firearm parts that could 
 be assembled to make an operable firearm are 
 removed from the respondent's custody, control, or 
 possession, and the lawful owner agrees to store 
 the firearm and firearm parts that could be 
 assembled to make an operable firearm in a manner 
 such that the respondent does not have access to 
 or control of the firearm and firearm parts that 
 could be assembled to make an operable firearm; 
 and    
                (bb) the firearm and firearm parts that could 
 be assembled to make an operable firearm are not 
 otherwise unlawfully possessed by the owner.    
            (ii) The person petitioning for the return of his 
 or her firearm and firearm parts that could be 
 assembled to make an operable firearm must swear or 
 affirm by affidavit that he or she:
                (aa) is the lawful owner of the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm;
                (bb) shall not transfer the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm to the respondent; and
                (cc) will store the firearm and firearm parts 
 that could be assembled to make an operable 
 firearm in a manner that the respondent does not 
 have access to or control of the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm.    
            (F)(i) The respondent may file a motion to 
 transfer, at the next scheduled hearing, any seized or 
 surrendered firearms or firearm parts to a third 
 party. Notice of the motion shall be provided to the 
 petitioner and the third party must appear at the 
 hearing.    
            (ii) The court may order transfer of the seized or 
 surrendered firearm or firearm parts only if:
                (aa) the third party transferee affirms by 
 affidavit to the open court that:    
                    (I) the third party transferee does not 
 reside with the respondent;    
                    (II) the respondent does not have access 
 to the location in which the third party 
 transferee intends to keep the firearms or 
 firearm parts;    
                    (III) the third party transferee will not 
 transfer the firearm or firearm parts to the 
 respondent or anyone who resides with the 
 respondent;    
                    (IV) the third party transferee will 
 maintain control and possession of the firearm 
 or firearm parts until otherwise ordered by 
 the court; and    
                    (V) the third party transferee will be 
 subject to criminal penalties for transferring 
 the firearms or firearm parts to the 
 respondent; and    
                (bb) the court finds that:    
                    (I) the respondent holds a valid Firearm 
 Owner's Identification; and
                    (II) the transfer of firearms or firearm 
 parts to the third party transferee does not 
 place the petitioner or any other protected 
 parties at any additional threat or risk of 
 harm.    
        (15) Prohibition of access to records. If a domestic 
 violence order of protection prohibits respondent from 
 having contact with the minor child, or if petitioner's 
 address is omitted under subsection (b) of Section 112A-5 
 of this Code, or if necessary to prevent abuse or wrongful 
 removal or concealment of a minor child, the order shall 
 deny respondent access to, and prohibit respondent from 
 inspecting, obtaining, or attempting to inspect or obtain, 
 school or any other records of the minor child who is in 
 the care of petitioner.
        (16) Order for payment of shelter services. Order 
 respondent to reimburse a shelter providing temporary 
 housing and counseling services to the petitioner for the 
 cost of the services, as certified by the shelter and 
 deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive 
 relief necessary or appropriate to prevent further abuse 
 of a family or household member or to effectuate one of the 
 granted remedies, if supported by the balance of 
 hardships. If the harm to be prevented by the injunction 
 is abuse or any other harm that one of the remedies listed 
 in paragraphs (1) through (16) of this subsection is 
 designed to prevent, no further evidence is necessary to 
 establish that the harm is an irreparable injury.
        (18) Telephone services.
            (A) Unless a condition described in subparagraph 
 (B) of this paragraph exists, the court may, upon 
 request by the petitioner, order a wireless telephone 
 service provider to transfer to the petitioner the 
 right to continue to use a telephone number or numbers 
 indicated by the petitioner and the financial 
 responsibility associated with the number or numbers, 
 as set forth in subparagraph (C) of this paragraph. In 
 this paragraph (18), the term "wireless telephone 
 service provider" means a provider of commercial 
 mobile service as defined in 47 U.S.C. 332. The 
 petitioner may request the transfer of each telephone 
 number that the petitioner, or a minor child in his or 
 her custody, uses. The clerk of the court shall serve 
 the order on the wireless telephone service provider's 
 agent for service of process provided to the Illinois 
 Commerce Commission. The order shall contain all of 
 the following: 
                (i) The name and billing telephone number of 
 the account holder including the name of the 
 wireless telephone service provider that serves 
 the account.
                (ii) Each telephone number that will be 
 transferred.
                (iii) A statement that the provider transfers 
 to the petitioner all financial responsibility for 
 and right to the use of any telephone number 
 transferred under this paragraph.
            (B) A wireless telephone service provider shall 
 terminate the respondent's use of, and shall transfer 
 to the petitioner use of, the telephone number or 
 numbers indicated in subparagraph (A) of this 
 paragraph unless it notifies the petitioner, within 72 
 hours after it receives the order, that one of the 
 following applies:
                (i) The account holder named in the order has 
 terminated the account.
                (ii) A difference in network technology would 
 prevent or impair the functionality of a device on 
 a network if the transfer occurs.
                (iii) The transfer would cause a geographic or 
 other limitation on network or service provision 
 to the petitioner.
                (iv) Another technological or operational 
 issue would prevent or impair the use of the 
 telephone number if the transfer occurs.
            (C) The petitioner assumes all financial 
 responsibility for and right to the use of any 
 telephone number transferred under this paragraph. In 
 this paragraph, "financial responsibility" includes 
 monthly service costs and costs associated with any 
 mobile device associated with the number.
            (D) A wireless telephone service provider may 
 apply to the petitioner its routine and customary 
 requirements for establishing an account or 
 transferring a number, including requiring the 
 petitioner to provide proof of identification, 
 financial information, and customer preferences.
            (E) Except for willful or wanton misconduct, a 
 wireless telephone service provider is immune from 
 civil liability for its actions taken in compliance 
 with a court order issued under this paragraph.
            (F) All wireless service providers that provide 
 services to residential customers shall provide to the 
 Illinois Commerce Commission the name and address of 
 an agent for service of orders entered under this 
 paragraph (18). Any change in status of the registered 
 agent must be reported to the Illinois Commerce 
 Commission within 30 days of such change. 
            (G) The Illinois Commerce Commission shall 
 maintain the list of registered agents for service for 
 each wireless telephone service provider on the 
 Commission's website. The Commission may consult with 
 wireless telephone service providers and the Circuit 
 Court Clerks on the manner in which this information 
 is provided and displayed. 
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific remedy, 
 other than payment of support, the court shall consider 
 relevant factors, including, but not limited to, the 
 following:
            (i) the nature, frequency, severity, pattern, and 
 consequences of the respondent's past abuse of the 
 petitioner or any family or household member, 
 including the concealment of his or her location in 
 order to evade service of process or notice, and the 
 likelihood of danger of future abuse to petitioner or 
 any member of petitioner's or respondent's family or 
 household; and
            (ii) the danger that any minor child will be 
 abused or neglected or improperly relocated from the 
 jurisdiction, improperly concealed within the State, 
 or improperly separated from the child's primary 
 caretaker.
        (2) In comparing relative hardships resulting to the 
 parties from loss of possession of the family home, the 
 court shall consider relevant factors, including, but not 
 limited to, the following:
            (i) availability, accessibility, cost, safety, 
 adequacy, location, and other characteristics of 
 alternate housing for each party and any minor child 
 or dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the party, 
 and any minor child or dependent adult in the party's 
 care, to family, school, church, and community.
        (3) Subject to the exceptions set forth in paragraph 
 (4) of this subsection (c), the court shall make its 
 findings in an official record or in writing, and shall at 
 a minimum set forth the following:
            (i) That the court has considered the applicable 
 relevant factors described in paragraphs (1) and (2) 
 of this subsection (c).
            (ii) Whether the conduct or actions of respondent, 
 unless prohibited, will likely cause irreparable harm 
 or continued abuse.
            (iii) Whether it is necessary to grant the 
 requested relief in order to protect petitioner or 
 other alleged abused persons.
        (4) (Blank).
        (5) Never married parties. No rights or 
 responsibilities for a minor child born outside of 
 marriage attach to a putative father until a father and 
 child relationship has been established under the Illinois 
 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
 the Illinois Public Aid Code, Section 12 of the Vital 
 Records Act, the Juvenile Court Act of 1987, the Probate 
 Act of 1975, the Uniform Interstate Family Support Act, 
 the Expedited Child Support Act of 1990, any judicial, 
 administrative, or other act of another state or 
 territory, any other statute of this State, or by any 
 foreign nation establishing the father and child 
 relationship, any other proceeding substantially in 
 conformity with the federal Personal Responsibility and 
 Work Opportunity Reconciliation Act of 1996, or when both 
 parties appeared in open court or at an administrative 
 hearing acknowledging under oath or admitting by 
 affirmation the existence of a father and child 
 relationship. Absent such an adjudication, no putative 
 father shall be granted temporary allocation of parental 
 responsibilities, including parenting time with the minor 
 child, or physical care and possession of the minor child, 
 nor shall an order of payment for support of the minor 
 child be entered.
    (d) Balance of hardships; findings. If the court finds 
that the balance of hardships does not support the granting of 
a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
subsection (b) of this Section, which may require such 
balancing, the court's findings shall so indicate and shall 
include a finding as to whether granting the remedy will 
result in hardship to respondent that would substantially 
outweigh the hardship to petitioner from denial of the remedy. 
The findings shall be an official record or in writing.
    (e) Denial of remedies. Denial of any remedy shall not be 
based, in whole or in part, on evidence that:
        (1) 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) respondent was voluntarily intoxicated;
        (3) petitioner acted in self-defense or defense of 
 another, provided that, if petitioner utilized force, such 
 force was justifiable under Article 7 of the Criminal Code 
 of 2012; 
        (4) petitioner did not act in self-defense or defense 
 of another;
        (5) petitioner left the residence or household to 
 avoid further abuse by respondent;
        (6) petitioner did not leave the residence or 
 household to avoid further abuse by respondent; or 
        (7) conduct by any family or household member excused 
 the abuse by respondent, unless that same conduct would 
 have excused such abuse if the parties had not been family 
 or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

    Section 10. The Illinois Domestic Violence Act of 1986 is 
amended by changing Sections 214, 222, and 305 as follows:

    (750 ILCS 60/214)    (from Ch. 40, par. 2312-14)
    Sec. 214. Order of protection; remedies. 
    (a) Issuance of order. If the court finds that petitioner 
has been abused by a family or household member or that 
petitioner is a high-risk adult who has been abused, 
neglected, or exploited, as defined in this Act, an order of 
protection prohibiting the abuse, neglect, or exploitation 
shall issue; provided that petitioner must also satisfy the 
requirements of one of the following Sections, as appropriate: 
Section 217 on emergency orders, Section 218 on interim 
orders, or Section 219 on plenary orders. Petitioner shall not 
be denied an order of protection because petitioner or 
respondent is a minor. The court, when determining whether or 
not to issue an order of protection, shall not require 
physical manifestations of abuse on the person of the victim. 
Modification and extension of prior orders of protection shall 
be in accordance with this Act.
    (b) Remedies and standards. The remedies to be included in 
an order of protection shall be determined in accordance with 
this Section and one of the following Sections, as 
appropriate: Section 217 on emergency orders, Section 218 on 
interim orders, and Section 219 on plenary orders. The 
remedies listed in this subsection shall be in addition to 
other civil or criminal remedies available to petitioner.
        (1) Prohibition of abuse, neglect, or exploitation. 
 Prohibit respondent's harassment, interference with 
 personal liberty, intimidation of a dependent, physical 
 abuse, or willful deprivation, neglect or exploitation, as 
 defined in this Act, or stalking of the petitioner, as 
 defined in Section 12-7.3 of the Criminal Code of 2012, if 
 such abuse, neglect, exploitation, or stalking has 
 occurred or otherwise appears likely to occur if not 
 prohibited.
        (2) Grant of exclusive possession of residence. 
 Prohibit respondent from entering or remaining in any 
 residence, household, or premises of the petitioner, 
 including one owned or leased by respondent, if petitioner 
 has a right to occupancy thereof. The grant of exclusive 
 possession of the residence, household, or premises shall 
 not affect title to real property, nor shall the court be 
 limited by the standard set forth in subsection (c-2) of 
 Section 501 of the Illinois Marriage and Dissolution of 
 Marriage Act.
            (A) Right to occupancy. A party has a right to 
 occupancy of a residence or household if it is solely 
 or jointly owned or leased by that party, that party's 
 spouse, a person with a legal duty to support that 
 party or a minor child in that party's care, or by any 
 person or entity other than the opposing party that 
 authorizes that party's occupancy (e.g., a domestic 
 violence shelter). Standards set forth in subparagraph 
 (B) shall not preclude equitable relief.
            (B) Presumption of hardships. If petitioner and 
 respondent each has the right to occupancy of a 
 residence or household, the court shall balance (i) 
 the hardships to respondent and any minor child or 
 dependent adult in respondent's care resulting from 
 entry of this remedy with (ii) the hardships to 
 petitioner and any minor child or dependent adult in 
 petitioner's care resulting from continued exposure to 
 the risk of abuse (should petitioner remain at the 
 residence or household) or from loss of possession of 
 the residence or household (should petitioner leave to 
 avoid the risk of abuse). When determining the balance 
 of hardships, the court shall also take into account 
 the accessibility of the residence or household. 
 Hardships need not be balanced if respondent does not 
 have a right to occupancy.
            The balance of hardships is presumed to favor 
 possession by petitioner unless the presumption is 
 rebutted by a preponderance of the evidence, showing 
 that the hardships to respondent substantially 
 outweigh the hardships to petitioner and any minor 
 child or dependent adult in petitioner's care. The 
 court, on the request of petitioner or on its own 
 motion, may order respondent to provide suitable, 
 accessible, alternate housing for petitioner instead 
 of excluding respondent from a mutual residence or 
 household.
        (3) Stay away order and additional prohibitions. Order 
 respondent to stay away from petitioner or any other 
 person protected by the order of protection, or prohibit 
 respondent from entering or remaining present at 
 petitioner's school, place of employment, or other 
 specified places at times when petitioner is present, or 
 both, if reasonable, given the balance of hardships. 
 Hardships need not be balanced for the court to enter a 
 stay away order or prohibit entry if respondent has no 
 right to enter the premises.
            (A) If an order of protection grants petitioner 
 exclusive possession of the residence, or prohibits 
 respondent from entering the residence, or orders 
 respondent to stay away from petitioner or other 
 protected persons, then the court may allow respondent 
 access to the residence to remove items of clothing 
 and personal adornment used exclusively by respondent, 
 medications, and other items as the court directs. The 
 right to access shall be exercised on only one 
 occasion as the court directs and in the presence of an 
 agreed-upon adult third party or law enforcement 
 officer.
            (B) When the petitioner and the respondent attend 
 the same public, private, or non-public elementary, 
 middle, or high school, the court when issuing an 
 order of protection 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 change of 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 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 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. 
            (C) 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 is responsible 
 for transportation and other costs associated with the 
 change of school by the respondent. 
        (4) Counseling. Require or recommend the respondent to 
 undergo counseling for a specified duration with a social 
 worker, psychologist, clinical psychologist, 
 psychiatrist, family service agency, alcohol or substance 
 abuse program, mental health center guidance counselor, 
 agency providing services to elders, program designed for 
 domestic violence abusers or any other guidance service 
 the court deems appropriate. The Court may order the 
 respondent in any intimate partner relationship to report 
 to an Illinois Department of Human Services protocol 
 approved partner abuse intervention program for an 
 assessment and to follow all recommended treatment. 
        (5) Physical care and possession of the minor child. 
 In order to protect the minor child from abuse, neglect, 
 or unwarranted separation from the person who has been the 
 minor child's primary caretaker, or to otherwise protect 
 the well-being of the minor child, the court may do either 
 or both of the following: (i) grant petitioner physical 
 care or possession of the minor child, or both, or (ii) 
 order respondent to return a minor child to, or not remove 
 a minor child from, the physical care of a parent or person 
 in loco parentis.
        If a court finds, after a hearing, that respondent has 
 committed abuse (as defined in Section 103) of a minor 
 child, there shall be a rebuttable presumption that 
 awarding physical care to respondent would not be in the 
 minor child's best interest.
        (6) Temporary allocation of parental responsibilities: 
 significant decision-making. Award temporary 
 decision-making responsibility to petitioner in accordance 
 with this Section, the Illinois Marriage and Dissolution 
 of Marriage Act, the Illinois Parentage Act of 2015, and 
 this State's Uniform Child-Custody Jurisdiction and 
 Enforcement Act. 
        If a court finds, after a hearing, that respondent has 
 committed abuse (as defined in Section 103) of a minor 
 child, there shall be a rebuttable presumption that 
 awarding temporary significant decision-making 
 responsibility to respondent would not be in the child's 
 best interest.
        (7) Parenting time. Determine the parenting time, if 
 any, of respondent in any case in which the court awards 
 physical care or allocates temporary significant 
 decision-making responsibility of a minor child to 
 petitioner. The court shall restrict or deny respondent's 
 parenting time with a minor child if the court finds that 
 respondent has done or is likely to do any of the 
 following: (i) abuse or endanger the minor child during 
 parenting time; (ii) use the parenting time as an 
 opportunity to abuse or harass petitioner or petitioner's 
 family or household members; (iii) improperly conceal or 
 detain the minor child; or (iv) otherwise act in a manner 
 that is not in the best interests of the minor child. The 
 court shall not be limited by the standards set forth in 
 Section 603.10 of the Illinois Marriage and Dissolution of 
 Marriage Act. If the court grants parenting time, the 
 order shall specify dates and times for the parenting time 
 to take place or other specific parameters or conditions 
 that are appropriate. No order for parenting time shall 
 refer merely to the term "reasonable parenting time".
        Petitioner may deny respondent access to the minor 
 child if, when respondent arrives for parenting time, 
 respondent is under the influence of drugs or alcohol and 
 constitutes a threat to the safety and well-being of 
 petitioner or petitioner's minor children or is behaving 
 in a violent or abusive manner.
        If necessary to protect any member of petitioner's 
 family or household from future abuse, respondent shall be 
 prohibited from coming to petitioner's residence to meet 
 the minor child for parenting time, and the parties shall 
 submit to the court their recommendations for reasonable 
 alternative arrangements for parenting time. A person may 
 be approved to supervise parenting time only after filing 
 an affidavit accepting that responsibility and 
 acknowledging accountability to the court.
        (8) Removal or concealment of minor child. Prohibit 
 respondent from removing a minor child from the State or 
 concealing the child within the State.    
        (9) Order to appear. Order the respondent to appear in 
 court, alone or with a minor child, to prevent abuse, 
 neglect, removal or concealment of the child, to return 
 the child to the custody or care of the petitioner or to 
 permit any court-ordered interview or examination of the 
 child or the respondent.
        (10) Possession of personal property. Grant petitioner 
 exclusive possession of personal property and, if 
 respondent has possession or control, direct respondent to 
 promptly make it available to petitioner, if:
            (i) petitioner, but not respondent, owns the 
 property; or
            (ii) the parties own the property jointly; sharing 
 it would risk abuse of petitioner by respondent or is 
 impracticable; and the balance of hardships favors 
 temporary possession by petitioner.
        If petitioner's sole claim to ownership of the 
 property is that it is marital property, the court may 
 award petitioner temporary possession thereof under the 
 standards of subparagraph (ii) of this paragraph only if a 
 proper proceeding has been filed under the Illinois 
 Marriage and Dissolution of Marriage Act, as now or 
 hereafter amended.
        No order under this provision shall affect title to 
 property.
        (11) Protection of property. Forbid the respondent 
 from taking, transferring, encumbering, concealing, 
 damaging or otherwise disposing of any real or personal 
 property, except as explicitly authorized by the court, 
 if:
            (i) petitioner, but not respondent, owns the 
 property; or
            (ii) the parties own the property jointly, and the 
 balance of hardships favors granting this remedy.
        If petitioner's sole claim to ownership of the 
 property is that it is marital property, the court may 
 grant petitioner relief under subparagraph (ii) of this 
 paragraph only if a proper proceeding has been filed under 
 the Illinois Marriage and Dissolution of Marriage Act, as 
 now or hereafter amended.
        The court may further prohibit respondent from 
 improperly using the financial or other resources of an 
 aged member of the family or household for the profit or 
 advantage of respondent or of any other person.
        (11.5) Protection of animals. Grant the petitioner the 
 exclusive care, custody, or control of any animal owned, 
 possessed, leased, kept, or held by either the petitioner 
 or the respondent or a minor child residing in the 
 residence or household of either the petitioner or the 
 respondent and order the respondent to stay away from the 
 animal and forbid the respondent from taking, 
 transferring, encumbering, concealing, harming, or 
 otherwise disposing of the animal. 
        (12) Order for payment of support. Order respondent to 
 pay temporary support for the petitioner or any child in 
 the petitioner's care or over whom the petitioner has been 
 allocated parental responsibility, when the respondent has 
 a legal obligation to support that person, in accordance 
 with the Illinois Marriage and Dissolution of Marriage 
 Act, which shall govern, among other matters, the amount 
 of support, payment through the clerk and withholding of 
 income to secure payment. An order for child support may 
 be granted to a petitioner with lawful physical care of a 
 child, or an order or agreement for physical care of a 
 child, prior to entry of an order allocating significant 
 decision-making responsibility. Such a support order shall 
 expire upon entry of a valid order allocating parental 
 responsibility differently and vacating the petitioner's 
 significant decision-making authority, unless otherwise 
 provided in the order.
        (13) Order for payment of losses. Order respondent to 
 pay petitioner for losses suffered as a direct result of 
 the abuse, neglect, or exploitation. Such losses shall 
 include, but not be limited to, medical expenses, lost 
 earnings or other support, repair or replacement of 
 property damaged or taken, reasonable attorney's fees, 
 court costs and moving or other travel expenses, including 
 additional reasonable expenses for temporary shelter and 
 restaurant meals.
            (i) Losses affecting family needs. If a party is 
 entitled to seek maintenance, child support or 
 property distribution from the other party under the 
 Illinois Marriage and Dissolution of Marriage Act, as 
 now or hereafter amended, the court may order 
 respondent to reimburse petitioner's actual losses, to 
 the extent that such reimbursement would be 
 "appropriate temporary relief", as authorized by 
 subsection (a)(3) of Section 501 of that Act.
            (ii) Recovery of expenses. In the case of an 
 improper concealment or removal of a minor child, the 
 court may order respondent to pay the reasonable 
 expenses incurred or to be incurred in the search for 
 and recovery of the minor child, including but not 
 limited to legal fees, court costs, private 
 investigator fees, and travel costs.
        (14) Prohibition of entry. Prohibit the respondent 
 from entering or remaining in the residence or household 
 while the respondent is under the influence of alcohol or 
 drugs and constitutes a threat to the safety and 
 well-being of the petitioner or the petitioner's children.
        (14.5) Prohibition of possession of firearms and 
 firearm parts; search and seizure of firearms and firearms 
 parts firearm possession.
            (A a)(i) Prohibit a respondent against whom an 
 emergency, interim, or plenary order of protection was 
 issued from possessing, during the duration of the 
 order, any firearms or firearm parts that could be 
 assembled into an operable firearm during the duration 
 of the order if a search warrant is issued under (A-1) 
 or the order:
                (aa 1) was issued after a hearing of which such 
 person received actual notice, and at which such 
 person had an opportunity to participate, or the 
 petitioner has satisfied the requirements of 
 Section 217;
                (bb 2) restrains such person from using 
 physical force; harassing, stalking, or 
 threatening an intimate partner of such person or 
 child of such intimate partner or person; , or 
 engaging in other conduct that would place an 
 intimate partner in reasonable fear of bodily 
 injury to the partner or child; and
                (cc 3)(i) includes a finding that such person 
 represents a credible threat to the physical 
 safety of such intimate partner or child; or (ii) 
 by its terms explicitly prohibits the use, 
 attempted use, or threatened use of physical force 
 against such intimate partner or child that would 
 reasonably be expected to cause bodily injury.
            (ii) The court shall order any respondent 
 prohibited from possessing firearms under item (i) of 
 subparagraph (A) to surrender any firearms or firearm 
 parts that could be assembled to make an operable 
 firearm. Any firearms or firearm parts on the 
 respondent's person or at the place of service shall 
 be surrendered to the serving officers at the time of 
 service of the order of protection, and any other 
 firearms or firearm parts shall be surrendered to 
 local law enforcement within 24 hours of service of 
 the order of protection. Any Firearm Owner's 
 Identification Card or Concealed Carry License in the 
 possession of the respondent, except as provided in 
 subparagraph (B) subsection (b), shall also be ordered 
 by the court to be turned over to the officer serving 
 the order of protection at the time of service or, if 
 not on the respondent's person or at the location 
 where the respondent is served at the time of service, 
 to local law enforcement within 24 hours of service of 
 the order of protection agency. The local law 
 enforcement agency shall immediately mail the card, as 
 well as any license, to the Illinois State Police 
 Firearm Owner's Identification Card Office for 
 safekeeping. The court shall issue a warrant for 
 seizure of any firearm in the possession of the 
 respondent, to be kept by the local law enforcement 
 agency for safekeeping, except as provided in 
 subsection (b). The period of safekeeping shall be for 
 the duration of the order of protection. The firearm 
 or firearms and Firearm Owner's Identification Card, 
 if unexpired, shall at the respondent's request, be 
 returned to the respondent at the end of the order of 
 protection. It is the respondent's responsibility to 
 notify the Illinois State Police Firearm Owner's 
 Identification Card Office.    
            (A-1)(i) Upon issuance of an emergency, interim, 
 or plenary order of protection and subject to the 
 provisions of item (ii) of this subparagraph (A-1), 
 the court shall issue a search warrant for the seizure 
 of any firearms or firearm parts that could be 
 assembled to make an operable firearm belonging to the 
 respondent if the court, based upon sworn testimony, 
 finds that:    
                (aa) the respondent poses a credible threat to 
 the physical safety of the petitioner protected by 
 the order of protection; and    
                (bb) probable cause exists to believe that:
                    (I) the respondent possesses firearms or 
 firearm parts that could be assembled to make 
 an operable firearm;
                    (II) the firearms or firearm parts that 
 could be assembled to make an operable firearm 
 are located at the residence, vehicle, or 
 other property of the respondent to be 
 searched; and
                    (III) the credible threat to the physical 
 safety of the petitioner protected by the 
 order of protection is immediate and present.    
            The record shall reflect the court's findings in 
 determining whether the search warrant shall be 
 issued.    
            (ii) If the petitioner does not seek a warrant 
 under this subparagraph (A-1) or the court determines 
 that the requirements of this subparagraph (A-1) have 
 not been met, relief under subparagraph (A) alone may 
 be granted.    
            (iii) An ex parte search warrant shall be granted 
 under this subparagraph (A-1) only if the court finds 
 that:
                (aa) the elements of item (i) of subparagraph 
 (A-1) have been met;
                (bb) personal injury to the petitioner is 
 likely to occur if the respondent received prior 
 notice; and
                (cc) the petitioner has otherwise satisfied 
 the requirements of Section 217 of this Act.    
            (iv) Oral testimony is sufficient in lieu of an 
 affidavit to support a finding of probable cause.    
            (v) A search warrant issued under this 
 subparagraph (A-1) shall be directed by the court for 
 enforcement to the law enforcement agency with primary 
 responsibility for responding to calls for service at 
 the location to be searched or to another appropriate 
 law enforcement agency if justified by the 
 circumstances. The search warrant shall specify with 
 particularity the scope of the search, including the 
 property to be searched, and shall direct the law 
 enforcement agency to seize the respondent's firearms 
 and firearm parts that could be assembled to make an 
 operable firearm. Law enforcement shall also be 
 directed to seize any Firearm Owner's Identification 
 Card and any Concealed Carry License belonging to the 
 respondent.
                (vi) The petitioner shall prepare an information 
 sheet, reviewed by the court, for law enforcement at 
 the time the warrant is granted. The information sheet 
 shall include:
                (aa) contact information for the petitioner, 
 the petitioner's attorney, or both, including a 
 telephone number and email, if available;
                (bb) a physical description of the respondent, 
 including the respondent's date of birth, if 
 known, or approximate age, height, weight, race, 
 and hair color;
                (cc) days and times that the respondent is 
 likely to be at the property to be searched, if 
 known; and
                (dd) whether people other than the respondent 
 are likely to be present at the property to be 
 searched and when, if known.    
            (vii) The information sheet shall be transmitted 
 to the law enforcement agency to which the search 
 warrant is directed in the same manner as the warrant 
 is transmitted under Section 222 of this Act.    
            (viii) If the court, after determining a search 
 warrant should issue, finds that the petitioner has 
 made a credible report of domestic violence to the 
 local law enforcement agency within the previous 90 
 days, law enforcement shall execute the warrant no 
 later than 96 hours after receipt of the warrant. If 
 the court finds that petitioner has not made such a 
 report, the law enforcement agency to which the court 
 has directed the warrant shall, within 48 hours of 
 receipt, evaluate the warrant and seek any corrections 
 to the warrant, and, if applicable, add to or negate 
 the warrant. The record shall reflect the court's 
 findings in determining whether to correct, add, or 
 negate the warrant. If a change is made regarding the 
 search warrant, law enforcement shall execute the 
 warrant no later than 96 hours after the correction is 
 issued. The law enforcement agency shall notify the 
 petitioner of any changes to the warrant or if the 
 warrant has been negated. The law enforcement agency 
 to which the court has directed the warrant may 
 coordinate with other law enforcement agencies to 
 execute the warrant. A return of the warrant shall be 
 filed by the law enforcement agency within 24 hours of 
 execution, setting forth the time, date, and location 
 where the warrant was executed and what items, if any, 
 were seized. If the court is not in session, the return 
 information shall be returned on the next date the 
 court is in session. Subject to the provisions of this 
 Section, peace officers shall have the same authority 
 to execute a warrant issued pursuant to this 
 subsection as a warrant issued under Article 108 of 
 the Code of Criminal Procedure of 1963.    
            (ix) Upon discovering a defect in the search 
 warrant, the appropriate law enforcement agency may 
 petition the court to correct the warrant. The law 
 enforcement agency shall notify the petitioner of any 
 such correction.    
            (x) Upon petition by the appropriate law 
 enforcement agency, the court may modify the search 
 warrant or extend the time to execute the search 
 warrant for a period of no more than 96 hours. In 
 determining whether to modify or extend the warrant, 
 the court shall consider:
                (aa) any increased risk to the petitioner's 
 safety that may result from a modification or 
 extension of the warrant;
                (bb) any unnecessary risk to law enforcement 
 that would be mitigated by a modification or 
 extension of the warrant;
                (cc) any risks to third parties at the 
 location to be searched that would be mitigated by 
 a modification or extension of the warrant; and
                (dd) the likelihood of successful execution of 
 warrant.
            The record shall reflect the court's findings in 
 determining whether to extend or modify the warrant. 
 The law enforcement agency shall notify the petitioner 
 of any modification or extension of the warrant.    
            (xi) Service of any order of protection shall, to 
 the extent possible, be concurrent with the execution 
 of any search warrant under this paragraph.    
            (B b) If the respondent is a peace officer as 
 defined in Section 2-13 of the Criminal Code of 2012, 
 the court shall order that any firearms used by the 
 respondent in the performance of his or her duties as a 
 peace officer be surrendered to the chief law 
 enforcement executive of the agency in which the 
 respondent is employed, who shall retain the firearms 
 for safekeeping for the duration of the order of 
 protection.
            (C c)(i) Any firearms or firearm parts that could 
 be assembled to make an operable firearm shall be kept 
 by the law enforcement agency that took possession of 
 the items for safekeeping, except as provided in 
 subparagraph (B). The period of safekeeping shall be 
 for the duration of the order of protection. Except as 
 provided in subparagraph (E), the respondent is 
 prohibited from transferring firearms or firearm parts 
 to another individual in lieu of surrender to law 
 enforcement. The law enforcement agency shall provide 
 an itemized statement of receipt to the respondent and 
 the court describing any seized or surrendered 
 firearms or firearm parts and informing the respondent 
 that the respondent may seek the return of the 
 respondent's items at the end of the order of 
 protection. The law enforcement agency may enter 
 arrangements, as needed, with federally licensed 
 firearm dealers or other law enforcement agencies for 
 the storage of any firearms seized or surrendered 
 under this subsection.
            (ii) It is the respondent's responsibility to 
 request the return or reinstatement of any Firearm 
 Owner's Identification Card or Concealed Carry License 
 and notify the Illinois State Police Firearm Owner's 
 Identification Card Office at the end of the Order of 
 Protection.
            (iii) At the end of the order of protection, a 
 respondent may request the return of any seized or 
 surrendered firearms or firearm parts that could be 
 assembled to make an operable firearm. Such firearms 
 or firearm parts shall be returned within 14 days of 
 the request to the respondent, if the respondent is 
 lawfully eligible to possess firearms, or to a 
 designated third party who is lawfully eligible to 
 possess firearms. If Upon expiration of the period of 
 safekeeping, if the firearms or firearm parts or 
 Firearm Owner's Identification Card cannot be returned 
 to respondent because (1) the respondent has not 
 requested the return or transfer of the firearms or 
 firearm parts as set forth in this subparagraph, and 
 (2) the respondent cannot be located or , fails to 
 respond to more than 3 requests to retrieve the 
 firearms or firearm parts the court may, or is not 
 lawfully eligible to possess a firearm, upon petition 
 from the appropriate local law enforcement agency and 
 notice to the respondent at the respondent's last 
 known address, the court may order the local law 
 enforcement agency to destroy the firearms or firearm 
 parts; , use the firearms or firearm parts for training 
 purposes, or for any other application as deemed 
 appropriate by the local law enforcement agency; or 
 turn that the firearms be turned over the firearm or 
 firearm parts to a third party who is lawfully 
 eligible to possess firearms, and who does not reside 
 with respondent. 
            (D)(i) If a person other than the respondent 
 claims title to any firearms and firearm parts that 
 could be assembled to make an operable firearm seized 
 or surrendered under this subsection, the person may 
 petition the court to have the firearm and firearm 
 parts that could be assembled to make an operable 
 firearm returned to him or her with proper notice to 
 the petitioner and respondent. If, at a hearing on the 
 petition, the court determines the person to be the 
 lawful owner of the firearm and firearm parts that 
 could be assembled to make an operable firearm, the 
 firearm and firearm parts that could be assembled to 
 make an operable firearm shall be returned to the 
 person, provided that:    
                (aa) the firearm and firearm parts that could 
 be assembled to make an operable firearm are 
 removed from the respondent's custody, control, or 
 possession and the lawful owner agrees to store 
 the firearm and firearm parts that could be 
 assembled to make an operable firearm in a manner 
 such that the respondent does not have access to 
 or control of the firearm and firearm parts that 
 could be assembled to make an operable firearm; 
 and
                    (bb) the firearm and firearm parts that could 
 be assembled to make an operable firearm are not 
 otherwise unlawfully possessed by the owner.    
            (ii) The person petitioning for the return of his 
 or her firearm and firearm parts that could be 
 assembled to make an operable firearm must swear or 
 affirm by affidavit that he or she:
                (aa) is the lawful owner of the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm;
                (bb) shall not transfer the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm to the respondent; and
                (cc) will store the firearm and firearm parts 
 that could be assembled to make an operable 
 firearm in a manner that the respondent does not 
 have access to or control of the firearm and 
 firearm parts that could be assembled to make an 
 operable firearm.    
            (E)(i) The respondent may file a motion to 
 transfer, at the next scheduled hearing, any seized or 
 surrendered firearms or firearm parts to a third 
 party. Notice of the motion shall be provided to the 
 petitioner and the third party must appear at the 
 hearing.    
            (ii) The court may order transfer of the seized or 
 surrendered firearm or firearm parts only if:
                (aa) the third party transferee affirms by 
 affidavit to the open court that:    
                    (I) the third party transferee does not 
 reside with the respondent;    
                    (II) the respondent does not have access 
 to the location in which the third party 
 transferee intends to keep the firearms or 
 firearm parts;    
                    (III) the third party transferee will not 
 transfer the firearm or firearm parts to the 
 respondent or anyone who resides with the 
 respondent;    
                    (IV) the third party transferee will 
 maintain control and possession of the firearm 
 or firearm parts until otherwise ordered by 
 the court; and    
                    (V) the third party transferee will be 
 subject to criminal penalties for transferring 
 the firearms or firearm parts to the 
 respondent; and    
                (bb) the court finds that:    
                    (I) the respondent holds a valid Firearm 
 Owner's Identification; and
                    (II) the transfer of firearms or firearm 
 parts to the third party transferee does not 
 place the petitioner or any other protected 
 parties at any additional threat or risk of 
 harm.    
        (15) Prohibition of access to records. If an order of 
 protection prohibits respondent from having contact with 
 the minor child, or if petitioner's address is omitted 
 under subsection (b) of Section 203, or if necessary to 
 prevent abuse or wrongful removal or concealment of a 
 minor child, the order shall deny respondent access to, 
 and prohibit respondent from inspecting, obtaining, or 
 attempting to inspect or obtain, school or any other 
 records of the minor child who is in the care of 
 petitioner.
        (16) Order for payment of shelter services. Order 
 respondent to reimburse a shelter providing temporary 
 housing and counseling services to the petitioner for the 
 cost of the services, as certified by the shelter and 
 deemed reasonable by the court.
        (17) Order for injunctive relief. Enter injunctive 
 relief necessary or appropriate to prevent further abuse 
 of a family or household member or further abuse, neglect, 
 or exploitation of a high-risk adult with disabilities or 
 to effectuate one of the granted remedies, if supported by 
 the balance of hardships. If the harm to be prevented by 
 the injunction is abuse or any other harm that one of the 
 remedies listed in paragraphs (1) through (16) of this 
 subsection is designed to prevent, no further evidence is 
 necessary that the harm is an irreparable injury.
        (18) Telephone services.
            (A) Unless a condition described in subparagraph 
 (B) of this paragraph exists, the court may, upon 
 request by the petitioner, order a wireless telephone 
 service provider to transfer to the petitioner the 
 right to continue to use a telephone number or numbers 
 indicated by the petitioner and the financial 
 responsibility associated with the number or numbers, 
 as set forth in subparagraph (C) of this paragraph. 
 For purposes of this paragraph (18), the term 
 "wireless telephone service provider" means a provider 
 of commercial mobile service as defined in 47 U.S.C. 
 332. The petitioner may request the transfer of each 
 telephone number that the petitioner, or a minor child 
 in his or her custody, uses. The clerk of the court 
 shall serve the order on the wireless telephone 
 service provider's agent for service of process 
 provided to the Illinois Commerce Commission. The 
 order shall contain all of the following:
                (i) The name and billing telephone number of 
 the account holder including the name of the 
 wireless telephone service provider that serves 
 the account.
                (ii) Each telephone number that will be 
 transferred.
                (iii) A statement that the provider transfers 
 to the petitioner all financial responsibility for 
 and right to the use of any telephone number 
 transferred under this paragraph.
            (B) A wireless telephone service provider shall 
 terminate the respondent's use of, and shall transfer 
 to the petitioner use of, the telephone number or 
 numbers indicated in subparagraph (A) of this 
 paragraph unless it notifies the petitioner, within 72 
 hours after it receives the order, that one of the 
 following applies:
                (i) The account holder named in the order has 
 terminated the account.
                (ii) A difference in network technology would 
 prevent or impair the functionality of a device on 
 a network if the transfer occurs.
                (iii) The transfer would cause a geographic or 
 other limitation on network or service provision 
 to the petitioner.
                (iv) Another technological or operational 
 issue would prevent or impair the use of the 
 telephone number if the transfer occurs.
            (C) The petitioner assumes all financial 
 responsibility for and right to the use of any 
 telephone number transferred under this paragraph. In 
 this paragraph, "financial responsibility" includes 
 monthly service costs and costs associated with any 
 mobile device associated with the number.
            (D) A wireless telephone service provider may 
 apply to the petitioner its routine and customary 
 requirements for establishing an account or 
 transferring a number, including requiring the 
 petitioner to provide proof of identification, 
 financial information, and customer preferences.
            (E) Except for willful or wanton misconduct, a 
 wireless telephone service provider is immune from 
 civil liability for its actions taken in compliance 
 with a court order issued under this paragraph.
            (F) All wireless service providers that provide 
 services to residential customers shall provide to the 
 Illinois Commerce Commission the name and address of 
 an agent for service of orders entered under this 
 paragraph (18). Any change in status of the registered 
 agent must be reported to the Illinois Commerce 
 Commission within 30 days of such change. 
            (G) The Illinois Commerce Commission shall 
 maintain the list of registered agents for service for 
 each wireless telephone service provider on the 
 Commission's website. The Commission may consult with 
 wireless telephone service providers and the Circuit 
 Court Clerks on the manner in which this information 
 is provided and displayed. 
    (c) Relevant factors; findings.
        (1) In determining whether to grant a specific remedy, 
 other than payment of support, the court shall consider 
 relevant factors, including but not limited to the 
 following:
            (i) the nature, frequency, severity, pattern and 
 consequences of the respondent's past abuse, neglect 
 or exploitation of the petitioner or any family or 
 household member, including the concealment of his or 
 her location in order to evade service of process or 
 notice, and the likelihood of danger of future abuse, 
 neglect, or exploitation to petitioner or any member 
 of petitioner's or respondent's family or household; 
 and
            (ii) the danger that any minor child will be 
 abused or neglected or improperly relocated from the 
 jurisdiction, improperly concealed within the State or 
 improperly separated from the child's primary 
 caretaker.
        (2) In comparing relative hardships resulting to the 
 parties from loss of possession of the family home, the 
 court shall consider relevant factors, including but not 
 limited to the following:
            (i) availability, accessibility, cost, safety, 
 adequacy, location and other characteristics of 
 alternate housing for each party and any minor child 
 or dependent adult in the party's care;
            (ii) the effect on the party's employment; and
            (iii) the effect on the relationship of the party, 
 and any minor child or dependent adult in the party's 
 care, to family, school, church and community.
        (3) Subject to the exceptions set forth in paragraph 
 (4) of this subsection, the court shall make its findings 
 in an official record or in writing, and shall at a minimum 
 set forth the following:
            (i) That the court has considered the applicable 
 relevant factors described in paragraphs (1) and (2) 
 of this subsection.
            (ii) Whether the conduct or actions of respondent, 
 unless prohibited, will likely cause irreparable harm 
 or continued abuse.
            (iii) Whether it is necessary to grant the 
 requested relief in order to protect petitioner or 
 other alleged abused persons.
        (4) For purposes of issuing an ex parte emergency 
 order of protection, the court, as an alternative to or as 
 a supplement to making the findings described in 
 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
 subsection, may use the following procedure:
        When a verified petition for an emergency order of 
 protection in accordance with the requirements of Sections 
 203 and 217 is presented to the court, the court shall 
 examine petitioner on oath or affirmation. An emergency 
 order of protection shall be issued by the court if it 
 appears from the contents of the petition and the 
 examination of petitioner that the averments are 
 sufficient to indicate abuse by respondent and to support 
 the granting of relief under the issuance of the emergency 
 order of protection.
        (5) Never married parties. No rights or 
 responsibilities for a minor child born outside of 
 marriage attach to a putative father until a father and 
 child relationship has been established under the Illinois 
 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
 the Illinois Public Aid Code, Section 12 of the Vital 
 Records Act, the Juvenile Court Act of 1987, the Probate 
 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
 Support Act, the Uniform Interstate Family Support Act, 
 the Expedited Child Support Act of 1990, any judicial, 
 administrative, or other act of another state or 
 territory, any other Illinois statute, or by any foreign 
 nation establishing the father and child relationship, any 
 other proceeding substantially in conformity with the 
 Personal Responsibility and Work Opportunity 
 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
 both parties appeared in open court or at an 
 administrative hearing acknowledging under oath or 
 admitting by affirmation the existence of a father and 
 child relationship. Absent such an adjudication, finding, 
 or acknowledgment, no putative father shall be granted 
 temporary allocation of parental responsibilities, 
 including parenting time with the minor child, or physical 
 care and possession of the minor child, nor shall an order 
 of payment for support of the minor child be entered.
    (d) Balance of hardships; findings. If the court finds 
that the balance of hardships does not support the granting of 
a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
subsection (b) of this Section, which may require such 
balancing, the court's findings shall so indicate and shall 
include a finding as to whether granting the remedy will 
result in hardship to respondent that would substantially 
outweigh the hardship to petitioner from denial of the remedy. 
The findings shall be an official record or in writing.
    (e) Denial of remedies. Denial of any remedy shall not be 
based, in whole or in part, on evidence that:
        (1) 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) Respondent was voluntarily intoxicated;
        (3) Petitioner acted in self-defense or defense of 
 another, provided that, if petitioner utilized force, such 
 force was justifiable under Article 7 of the Criminal Code 
 of 2012; 
        (4) Petitioner did not act in self-defense or defense 
 of another;
        (5) Petitioner left the residence or household to 
 avoid further abuse, neglect, or exploitation by 
 respondent;
        (6) Petitioner did not leave the residence or 
 household to avoid further abuse, neglect, or exploitation 
 by respondent;
        (7) Conduct by any family or household member excused 
 the abuse, neglect, or exploitation by respondent, unless 
 that same conduct would have excused such abuse, neglect, 
 or exploitation if the parties had not been family or 
 household members.
(Source: P.A. 102-538, eff. 8-20-21.)

    (750 ILCS 60/222)    (from Ch. 40, par. 2312-22)
    Sec. 222. Notice of orders. 
    (a) Entry and issuance. Upon issuance of any order of 
protection, the clerk shall immediately (i) enter the order on 
the record and file it in accordance with the circuit court 
procedures and (ii) provide a file stamped copy of the order to 
respondent, if present, and to petitioner.
    (b) Filing with sheriff or other law enforcement 
officials. The clerk of the issuing judge shall, or the 
petitioner may, on the same day that an order of protection is 
issued, file a certified copy of that order with the sheriff or 
other law enforcement officials charged with maintaining 
Illinois State Police records or charged with serving the 
order upon respondent or executing any search warrant issued 
under paragraph (14.5) of subsection (b) of Section 214 of 
this Act. If a search warrant is issued under paragraph (14.5) 
of subsection (b) of Section 214 of this Act, the clerk of the 
issuing judge shall, or the petitioner may, on the same day 
that the warrant is issued, transmit the warrant to the law 
enforcement agency to which the warrant is directed. If the 
respondent, at the time of the issuance of the order, is 
committed to the custody of the Illinois Department of 
Corrections or Illinois Department of Juvenile Justice or is 
on parole, aftercare release, or mandatory supervised release, 
the sheriff or other law enforcement officials charged with 
maintaining Illinois State Police records shall notify the 
Department of Corrections or Department of Juvenile Justice 
within 48 hours of receipt of a copy of the order of protection 
from the clerk of the issuing judge or the petitioner. Such 
notice shall include the name of the respondent, the 
respondent's IDOC inmate number or IDJJ youth identification 
number, the respondent's date of birth, and the LEADS Record 
Index Number.
    (c) Service by sheriff. Unless respondent was present in 
court when the order was issued, the sheriff, other law 
enforcement official or special process server shall promptly 
serve that order upon respondent and file proof of such 
service, in the manner provided for service of process in 
civil proceedings. Instead of serving the order upon the 
respondent, however, the sheriff, other law enforcement 
official, special process server, or other persons defined in 
Section 222.10 may serve the respondent with a short form 
notification as provided in Section 222.10. If process has not 
yet been served upon the respondent, it shall be served with 
the order or short form notification if such service is made by 
the sheriff, other law enforcement official, or special 
process server. A single fee may be charged for service of an 
order obtained in civil court, or for service of such an order 
together with process, unless waived or deferred under Section 
210.
    (c-5) If the person against whom the order of protection 
is issued is arrested and the written order is issued in 
accordance with subsection (c) of Section 217 and received by 
the custodial law enforcement agency before the respondent or 
arrestee is released from custody, the custodial law 
enforcement agent shall promptly serve the order upon the 
respondent or arrestee before the respondent or arrestee is 
released from custody. In no event shall detention of the 
respondent or arrestee be extended for hearing on the petition 
for order of protection or receipt of the order issued under 
Section 217 of this Act.
    (d) Extensions, modifications and revocations. Any order 
extending, modifying or revoking any order of protection shall 
be promptly recorded, issued and served as provided in this 
Section.
    (e) Notice to schools. Upon the request of the petitioner, 
within 24 hours of the issuance of an order of protection, the 
clerk of the issuing judge shall send a certified copy of the 
order of protection to the day-care facility, pre-school or 
pre-kindergarten, or private school or the principal office of 
the public school district or any college or university in 
which any child who is a protected person under the order of 
protection or any child of the petitioner is enrolled as 
requested by the petitioner at the mailing address provided by 
the petitioner. If the child transfers enrollment to another 
day-care facility, pre-school, pre-kindergarten, private 
school, public school, college, or university, the petitioner 
may, within 24 hours of the transfer, send to the clerk written 
notice of the transfer, including the name and address of the 
institution to which the child is transferring. Within 24 
hours of receipt of notice from the petitioner that a child is 
transferring to another day-care facility, pre-school, 
pre-kindergarten, private school, public school, college, or 
university, the clerk shall send a certified copy of the order 
to the institution to which the child is transferring.
    (f) Disclosure by schools. After receiving a certified 
copy of an order of protection that prohibits a respondent's 
access to records, neither a day-care facility, pre-school, 
pre-kindergarten, public or private school, college, or 
university nor its employees shall allow a respondent access 
to a protected child's records or release information in those 
records to the respondent. The school shall file the copy of 
the order of protection in the records of a child who is a 
protected person under the order of protection. When a child 
who is a protected person under the order of protection 
transfers to another day-care facility, pre-school, 
pre-kindergarten, public or private school, college, or 
university, the institution from which the child is 
transferring may, at the request of the petitioner, provide, 
within 24 hours of the transfer, written notice of the order of 
protection, along with a certified copy of the order, to the 
institution to which the child is transferring.
    (g) Notice to health care facilities and health care 
practitioners. Upon the request of the petitioner, the clerk 
of the circuit court shall send a certified copy of the order 
of protection to any specified health care facility or health 
care practitioner requested by the petitioner at the mailing 
address provided by the petitioner. 
    (h) Disclosure by health care facilities and health care 
practitioners. After receiving a certified copy of an order of 
protection that prohibits a respondent's access to records, no 
health care facility or health care practitioner shall allow a 
respondent access to the records of any child who is a 
protected person under the order of protection, or release 
information in those records to the respondent, unless the 
order has expired or the respondent shows a certified copy of 
the court order vacating the corresponding order of protection 
that was sent to the health care facility or practitioner. 
Nothing in this Section shall be construed to require health 
care facilities or health care practitioners to alter 
procedures related to billing and payment. The health care 
facility or health care practitioner may file the copy of the 
order of protection in the records of a child who is a 
protected person under the order of protection, or may employ 
any other method to identify the records to which a respondent 
is prohibited access. No health care facility or health care 
practitioner shall be civilly or professionally liable for 
reliance on a copy of an order of protection, except for 
willful and wanton misconduct. 
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)

    (750 ILCS 60/305)    (from Ch. 40, par. 2313-5)
    Sec. 305. Limited law enforcement liability. Any act of 
omission or commission by any law enforcement officer acting 
in good faith in rendering emergency assistance, executing 
search warrants under this Act, or otherwise enforcing this 
Act shall not impose civil liability upon the law enforcement 
officer or his or her supervisor or employer, unless the act is 
a result of willful or wanton misconduct.
(Source: P.A. 84-1305.)

    Section 99. Effective date. This Act takes effect 90 days 
after becoming law.


 
         


        
        
      


      

  

      
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