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-Chaptered.html
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| Public Act 100-0639
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| HB4796 Enrolled | LRB100 16595 HEP 35345 b |
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AN ACT concerning domestic violence.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 112A-4 and 112A-4.5 as follows:
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(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
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Sec. 112A-4. Persons protected by this Article.
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(a) The following persons are protected by
this Article in |
cases involving domestic violence:
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(1) any person abused by a family or household member;
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(2) any minor child or dependent adult in the care of
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such person; and
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(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.
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(a-5) The following persons are protected by this Article |
in cases involving sexual offenses: |
(1) any victim of non-consensual sexual conduct or
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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).
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(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
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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
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protection for any additional persons protected by this |
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Article.
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(Source: P.A. 100-199, eff. 1-1-18.)
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Section 10. The Illinois Domestic Violence Act of 1986 is |
amended by changing Section 201 as follows:
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(750 ILCS 60/201) (from Ch. 40, par. 2312-1)
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Sec. 201. Persons protected by this Act.
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(a) The following persons are protected by this Act:
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(i) any person abused by a family or household member;
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(ii) any high-risk adult with disabilities who is |
abused, neglected,
or exploited by a family or household |
member;
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(iii) any minor child or dependent adult in the care of |
such person; and
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(iv) any person residing or employed at a private home |
or public
shelter which is housing an abused family or |
household member; and .
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(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
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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
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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
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protection for any additional persons protected by this Act.
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(Source: P.A. 86-542; 87-1186.)
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