Bill Text: IL HB4796 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Domestic Violence Act of 1986 and the Protective Orders Article of the Code of Criminal Procedure of 1963. To the list of protected persons, adds any of the following persons abused by a family or household member of a child: (1) a foster parent of that child if the child has been placed in the foster parent's home by the Department of Children and Family Services or by another state's public child welfare agency; (2) a legally appointed guardian or legally appointed custodian of that child; (3) an adoptive parent of that child; or (4) a prospective adoptive parent of that child if the child has been placed in the prospective adoptive parent's home pursuant to the Adoption Act or pursuant to another state's law. Includes these persons in the list of persons permitted to file a petition for an order of protection. Provides that, for purposes of the provisions of the amendatory Act, individuals who would have been considered "family or household members" of the child before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2018-07-27 - Public Act . . . . . . . . . 100-0639 [HB4796 Detail]

Download: Illinois-2017-HB4796-Engrossed.html

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AN ACT concerning domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-4 and 112A-4.5 as follows:
(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
Sec. 112A-4. Persons protected by this Article.
(a) The following persons are protected by this Article in
cases involving domestic violence:
(1) any person abused by a family or household member;
(2) any minor child or dependent adult in the care of
such person; and
(3) any person residing or employed at a private home
or public shelter which is housing an abused family or
household member; and .
(4) any of the following persons if the person is
abused by a family or household member of a child:
(i) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(ii) a legally appointed guardian or legally
appointed custodian of that child;

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(iii) an adoptive parent of that child; or
(iv) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive
parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (a)(4), individuals who
would have been considered "family or household members" of the
child under paragraph (3) of subsection (b) of Section 112A-3
before a termination of the parental rights with respect to the
child continue to meet the definition of "family or household
members" of the child.
(a-5) The following persons are protected by this Article
in cases involving sexual offenses:
(1) any victim of non-consensual sexual conduct or
non-consensual sexual penetration on whose behalf the
petition is brought;
(2) any family or household member of the named victim;
and
(3) any employee of or volunteer at a rape crisis
center.
(a-10) The following persons are protected by this Article
in cases involving stalking offenses:
(1) any victim of stalking; and
(2) any family or household member of the named victim.
(b) (Blank).
(Source: P.A. 100-199, eff. 1-1-18.)

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(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for an order of protection may be filed:
(1) by a person who has been abused by a family or
household member; or
(2) by any person on behalf of a minor child or an
adult who has been abused by a family or household member
and who, because of age, health, disability, or
inaccessibility, cannot file the petition; or .
(3) any of the following persons if the person is
abused by a family or household member of a child:
(i) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(ii) a legally appointed guardian or legally
appointed custodian of that child;
(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive
parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (a)(3), individuals who
would have been considered "family or household members" of the
child under paragraph (3) of subsection (b) of Section 112A-3

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before a termination of the parental rights with respect to the
child continue to meet the definition of "family or household
members" of the child.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a victim of non-consensual
sexual conduct or non-consensual sexual penetration,
including a single incident of non-consensual sexual
conduct or non-consensual sexual penetration; or
(2) by a person on behalf of a minor child or an adult
who is a victim of non-consensual sexual conduct or
non-consensual sexual penetration but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a victim of stalking; or
(2) by a person on behalf of a minor child or an adult
who is a victim of stalking but, because of age,
disability, health, or inaccessibility, cannot file the
petition.
(d) The State's Attorney shall file a petition on behalf on
any person who may file a petition under subsections (a), (b)
or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf.
(e) Any petition properly filed under this Article may seek
protection for any additional persons protected by this

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Article.
(Source: P.A. 100-199, eff. 1-1-18.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 201 as follows:
(750 ILCS 60/201) (from Ch. 40, par. 2312-1)
Sec. 201. Persons protected by this Act.
(a) The following persons are protected by this Act:
(i) any person abused by a family or household member;
(ii) any high-risk adult with disabilities who is
abused, neglected, or exploited by a family or household
member;
(iii) any minor child or dependent adult in the care of
such person; and
(iv) any person residing or employed at a private home
or public shelter which is housing an abused family or
household member; and .
(v) any of the following persons if the person is
abused by a family or household member of a child:
(A) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(B) a legally appointed guardian or legally
appointed custodian of that child;

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(C) an adoptive parent of that child; or
(D) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive
parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (a)(v), individuals who
would have been considered "family or household members" of
the child under subsection (6) of Section 103 of this Act
before a termination of the parental rights with respect to
the child continue to meet the definition of "family or
household members" of the child.
(b) A petition for an order of protection may be filed
only:
(i) by a person who has been abused by a family or
household member or by any person on behalf of a minor
child or an adult who has been abused by a family or
household member and who, because of age, health,
disability, or inaccessibility, cannot file the petition;
, or
(ii) by any person on behalf of a high-risk adult with
disabilities who has been abused, neglected, or exploited
by a family or household member; or
(iii) any of the following persons if the person is
abused by a family or household member of a child:
(A) a foster parent of that child if the child has
been placed in the foster parent's home by the

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Department of Children and Family Services or by
another state's public child welfare agency;
(B) a legally appointed guardian or legally
appointed custodian of that child;
(C) an adoptive parent of that child;
(D) a prospective adoptive parent of that child if
the child has been placed in the prospective adoptive
parent's home pursuant to the Adoption Act or pursuant
to another state's law.
For purposes of this paragraph (b)(iii), individuals
who would have been considered "family or household
members" of the child under subsection (6) of Section 103
of this Act before a termination of the parental rights
with respect to the child continue to meet the definition
of "family or household members" of the child. However, any
(c) Any petition properly filed under this Act may seek
protection for any additional persons protected by this Act.
(Source: P.A. 86-542; 87-1186.)