Bill Text: IL SB0257 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Firearm Owners Identification Card Act. Changes the definition of "protective order" to include substantially similar protective orders issued by the court of another state, tribe, or United States territory or military tribunal. Amends the Code of Criminal Procedure of 1963. Provides that a petition for a civil no contact order or a petition for a stalking no contact order may be filed by a service member of the Illinois National Guard or any reserve military component serving within the State who is a victim of non-consensual sexual conduct who has also received a Military Protective Order or the Staff Judge Advocate of the Illinois National Guard or any reserve military component serving in the State on behalf of a named victim who is a victim of non-consensual sexual conduct who has also received a Military Protective Order. Amends the Illinois Domestic Violence Act of 1986. Requires the Illinois National Guard to file a certified copy of any military order of protection with the clerk of the court in a judicial circuit in which the person entitled to protection resides or if the person entitled to protection is not a State resident, in a judicial circuit in which it is believed that enforcement may be necessary. Amends the Victims' Economic Security and Safety Act. Provides that an employer shall not fail to hire, refuse to hire, discharge, constructively discharge, or harass any individual, otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, or retaliate against an individual in any form or manner, and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual, or retaliate against an individual in any form or manner, because the individual involved attended, participated in, prepared for, requested leave to attend, participate in, or prepare for a court-martial or nonjudicial punishment proceeding pursuant to the Uniform Code of Military Justice relating to an incident of domestic violence, sexual violence, gender violence, or any criminal violence of which the individual or a family or household member of the individual was a victim, or requested or took leave for any other reason. Effective immediately.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2022-05-24 - Added as Co-Sponsor Sen. Steve Stadelman [SB0257 Detail]

Download: Illinois-2021-SB0257-Chaptered.html

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Public Act 102-0890
SB0257 Enrolled LRB102 04087 LNS 14103 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;

(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.

"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling signalling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of

firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
provide treatment of persons with mental illness and includes
all hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility, and who poses a clear and present danger to
himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a

substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United
States territory or military tribunal.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities

Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-6-21.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-4.5, 112A-23, and 112A-28 as
follows:
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection
may be filed:
(1) by a named victim who has been abused by a family
or household member;
(2) by any person or by the State's Attorney on behalf
of a named victim who is 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;
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition; or
(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;
(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)(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.
(b) A petition for a civil no contact order may be filed:

(1) by any person who is a named 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;
(2) by a person or by the State's Attorney on behalf of
a named victim who is 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; or
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf of

a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability,
health, or inaccessibility, cannot file the petition; or
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition ;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.
(d) The State's Attorney shall file a petition on behalf
of 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, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that
the State's Attorney will not be filing the petition at that
time and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.

(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice
of law when providing assistance to the petitioner.
(e) Any petition properly filed under this Article may
seek protection for any additional persons protected by this
Article.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;
100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
(Text of Section before amendment by P.A. 101-652)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military tribunal, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the

Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe, or
United States territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph paragraphs
(5), (6), or (8) of subsection (b) of Section 112A-14
of this Code, or

(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (5), (6), or (8) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid domestic violence order of protection, which is
authorized under the laws of another state, tribe, or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding or by a military tribunal, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or

acts which violated the protective order were committed, to
the extent consistent with the venue provisions of this
Article. Nothing in this Article shall preclude any Illinois
court from enforcing any valid protective order issued in
another state. Illinois courts may enforce protective orders
through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 of this Code may be enforced
by any remedy provided by Section 607.5 of the Illinois

Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of
subsection (b) of Section 112A-14 of this Code in the manner
provided for under Parts V and VII of the Illinois Marriage and
Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of

Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection subsections
(a) or (b) of this Section, the penalty shall be the
penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any

protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)

Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military tribunal, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe, or
United States territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the

domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph paragraphs
(5), (6), or (8) of subsection (b) of Section 112A-14
of this Code, or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (5), (6), or (8) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid domestic violence order of protection, which is
authorized under the laws of another state, tribe, or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not

bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding or by a military tribunal, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to
the extent consistent with the venue provisions of this
Article. Nothing in this Article shall preclude any Illinois
court from enforcing any valid protective order issued in
another state. Illinois courts may enforce protective orders
through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.

(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 of this Code may be enforced
by any remedy provided by Section 607.5 of the Illinois
Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of
subsection (b) of Section 112A-14 of this Code in the manner
provided for under Parts V and VII of the Illinois Marriage and
Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:

(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection subsections
(a) or (b) of this Section, the penalty shall be the
penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account

evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,

conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
102-558, eff. 8-20-21; revised 10-12-21.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, daily, in the form and detail the Illinois State
Police Department requires, copies of any recorded protective
orders issued by the court, and any foreign protective orders,
including, but not limited to, an order of protection issued
by a military tribunal, filed by the clerk of the court, and
transmitted to the sheriff by the clerk of the court. Each
protective order shall be entered in the Law Enforcement
Agencies Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded
protective orders issued or filed under this Act. The data
shall be used to inform all dispatchers and law enforcement
officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident

of abuse involving the abused party and the effective dates
and terms of any recorded protective order.
(c) The data, records and transmittals required under this
Section shall pertain to:
(1) any valid emergency, interim or plenary domestic
violence order of protection, civil no contact or stalking
no contact order issued in a civil proceeding; and
(2) any valid ex parte or final protective order
issued in a criminal proceeding or authorized under the
laws of another state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 15. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 222.5, 223, and 302 as follows:
(750 ILCS 60/222.5)
Sec. 222.5. Filing of an order of protection issued in
another state or other jurisdiction.
(a) A person entitled to protection under an order of
protection issued by the court of another state, tribe, or
United States territory or military tribunal may file a
certified copy of the order of protection with the clerk of the
court in a judicial circuit in which the person believes that
enforcement may be necessary.
(a-5) The Illinois National Guard shall file a certified
copy of any military order of protection with the clerk of the

court in a judicial circuit in which the person entitled to
protection resides or if the person entitled to protection is
not a State resident, in a judicial circuit in which it is
believed that enforcement may be necessary.
(b) The clerk shall:
(1) treat the foreign order of protection, including,
but not limited to, an order of protection issued by a
military tribunal, in the same manner as a judgment of the
circuit court for any county of this State in accordance
with the provisions of the Uniform Enforcement of Foreign
Judgments Act, except that the clerk shall not mail notice
of the filing of the foreign order to the respondent named
in the order; and
(2) on the same day that a foreign order of protection
is filed, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Illinois State Police records as set forth in
Section 222 of this Act.
(c) Neither residence in this State nor filing of a
foreign order of protection, including, but not limited to, an
order of protection issued by a military tribunal, shall be
required for enforcement of the order by this State. Failure
to file the foreign order shall not be an impediment to its
treatment in all respects as an Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.

(e) The sheriff shall inform the Illinois State Police as
set forth in Section 302 of this Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
(Text of Section before amendment by P.A. 101-652)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military tribunal, shall be enforced by a criminal
court when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the

Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military tribunal, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the order of protection were
committed, to the extent consistent with the venue provisions
of this Act. Nothing in this Act shall preclude any Illinois
court from enforcing any valid order of protection issued in

another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian

directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,

entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving

petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the bail bond on
an underlying criminal charge pursuant to Section
110-6 of the Code of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon

any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)
(Text of Section after amendment by P.A. 101-652)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military tribunal, shall be enforced by a criminal
court when:
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the

Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military tribunal, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the order of protection were
committed, to the extent consistent with the venue provisions
of this Act. Nothing in this Act shall preclude any Illinois
court from enforcing any valid order of protection issued in

another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause.
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of

this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:

(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any

order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the conditions
of pretrial release on an underlying criminal charge
pursuant to Section 110-6 of the Code of Criminal
Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court

shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 101-652, eff. 1-1-23.)
(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, on the same day as received, in the form and detail the
Illinois State Police Department requires, copies of any
recorded emergency, interim, or plenary orders of protection
issued by the court, and any foreign orders of protection,
including, but not limited to, an order of protection issued
by a military tribunal, filed by the clerk of the court, and
transmitted to the sheriff by the clerk of the court pursuant
to subsection (b) of Section 222 of this Act. Each order of
protection shall be entered in the Law Enforcement Agencies
Data System on the same day it is issued by the court. If an
emergency order of protection was issued in accordance with
subsection (c) of Section 217, the order shall be entered in
the Law Enforcement Agencies Data System as soon as possible
after receipt from the clerk.
(b) The Illinois State Police shall maintain a complete
and systematic record and index of all valid and recorded

orders of protection issued pursuant to this Act. The data
shall be used to inform all dispatchers and law enforcement
officers at the scene of an alleged incident of abuse,
neglect, or exploitation or violation of an order of
protection of any recorded prior incident of abuse, neglect,
or exploitation involving the abused, neglected, or exploited
party and the effective dates and terms of any recorded order
of protection.
(c) The data, records and transmittals required under this
Section shall pertain to any valid emergency, interim or
plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 20. The Victims' Economic Security and Safety Act
is amended by changing Sections 20 and 30 as follows:
(820 ILCS 180/20)
Sec. 20. Entitlement to leave due to domestic violence,
sexual violence, gender violence, or any other crime of
violence.
(a) Leave requirement.
(1) Basis. An employee who is a victim of domestic
violence, sexual violence, gender violence, or any other
crime of violence or an employee who has a family or

household member who is a victim of domestic violence,
sexual violence, gender violence, or any other crime of
violence whose interests are not adverse to the employee
as it relates to the domestic violence, sexual violence,
gender violence, or any other crime of violence may take
unpaid leave from work if the employee or employee's
family or household member is experiencing an incident of
domestic violence, sexual violence, gender violence, or
any other crime of violence or to address domestic
violence, sexual violence, gender violence, or any other
crime of violence by:
(A) seeking medical attention for, or recovering
from, physical or psychological injuries caused by
domestic violence, sexual violence, gender violence,
or any other crime of violence to the employee or the
employee's family or household member;
(B) obtaining services from a victim services
organization for the employee or the employee's family
or household member;
(C) obtaining psychological or other counseling
for the employee or the employee's family or household
member;
(D) participating in safety planning, temporarily
or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
family or household member from future domestic

violence, sexual violence, gender violence, or any
other crime of violence or ensure economic security;
or
(E) seeking legal assistance or remedies to ensure
the health and safety of the employee or the
employee's family or household member, including
preparing for or participating in any civil, or
criminal, or military legal proceeding related to or
derived from domestic violence, sexual violence,
gender violence, or any other crime of violence.
(2) Period. Subject to subsection (c), an employee
working for an employer that employs at least 50 employees
shall be entitled to a total of 12 workweeks of leave
during any 12-month period. Subject to subsection (c), an
employee working for an employer that employs at least 15
but not more than 49 employees shall be entitled to a total
of 8 workweeks of leave during any 12-month period.
Subject to subsection (c), an employee working for an
employer that employs at least one but not more than 14
employees shall be entitled to a total of 4 workweeks of
leave during any 12-month period. The total number of
workweeks to which an employee is entitled shall not
decrease during the relevant 12-month period. This Act
does not create a right for an employee to take unpaid
leave that exceeds the unpaid leave time allowed under, or
is in addition to the unpaid leave time permitted by, the

federal Family and Medical Leave Act of 1993 (29 U.S.C.
2601 et seq.).
(3) Schedule. Leave described in paragraph (1) may be
taken consecutively, intermittently, or on a reduced work
schedule.
(b) Notice. The employee shall provide the employer with
at least 48 hours' advance notice of the employee's intention
to take the leave, unless providing such notice is not
practicable. When an unscheduled absence occurs, the employer
may not take any action against the employee if the employee,
upon request of the employer and within a reasonable period
after the absence, provides certification under subsection
(c).
(c) Certification.
(1) In general. The employer may require the employee
to provide certification to the employer that:
(A) the employee or the employee's family or
household member is a victim of domestic violence,
sexual violence, gender violence, or any other crime
of violence; and
(B) the leave is for one of the purposes
enumerated in paragraph (a)(1).
The employee shall provide such certification to the
employer within a reasonable period after the employer
requests certification.
(2) Contents. An employee may satisfy the

certification requirement of paragraph (1) by providing to
the employer a sworn statement of the employee, and if the
employee has possession of such document, the employee
shall provide one of the following documents:
(A) documentation from an employee, agent, or
volunteer of a victim services organization, an
attorney, a member of the clergy, or a medical or other
professional from whom the employee or the employee's
family or household member has sought assistance in
addressing domestic violence, sexual violence, gender
violence, or any other crime of violence and the
effects of the violence;
(B) a police, or court, or military record; or
(C) other corroborating evidence.
The employee shall choose which document to submit,
and the employer shall not request or require more than
one document to be submitted during the same 12-month
period leave is requested or taken if the reason for leave
is related to the same incident or incidents of violence
or the same perpetrator or perpetrators of the violence.
(d) Confidentiality. All information provided to the
employer pursuant to subsection (b) or (c), including a
statement of the employee or any other documentation, record,
or corroborating evidence, and the fact that the employee has
requested or obtained leave pursuant to this Section, shall be
retained in the strictest confidence by the employer, except

to the extent that disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) otherwise required by applicable federal or State
law.
(e) Employment and benefits.
(1) Restoration to position.
(A) In general. Any employee who takes leave under
this Section for the intended purpose of the leave
shall be entitled, on return from such leave:
(i) to be restored by the employer to the
position of employment held by the employee when
the leave commenced; or
(ii) to be restored to an equivalent position
with equivalent employment benefits, pay, and
other terms and conditions of employment.
(B) Loss of benefits. The taking of leave under
this Section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
(C) Limitations. Nothing in this subsection shall
be construed to entitle any restored employee to:
(i) the accrual of any seniority or employment
benefits during any period of leave; or
(ii) any right, benefit, or position of
employment other than any right, benefit, or

position to which the employee would have been
entitled had the employee not taken the leave.
(D) Construction. Nothing in this paragraph shall
be construed to prohibit an employer from requiring an
employee on leave under this Section to report
periodically to the employer on the status and
intention of the employee to return to work.
(2) Maintenance of health benefits.
(A) Coverage. Except as provided in subparagraph
(B), during any period that an employee takes leave
under this Section, the employer shall maintain
coverage for the employee and any family or household
member under any group health plan for the duration of
such leave at the level and under the conditions
coverage would have been provided if the employee had
continued in employment continuously for the duration
of such leave.
(B) Failure to return from leave. The employer may
recover the premium that the employer paid for
maintaining coverage for the employee and the
employee's family or household member under such group
health plan during any period of leave under this
Section if:
(i) the employee fails to return from leave
under this Section after the period of leave to
which the employee is entitled has expired; and

(ii) the employee fails to return to work for
a reason other than:
(I) the continuation, recurrence, or onset
of domestic violence, sexual violence, gender
violence, or any other crime of violence that
entitles the employee to leave pursuant to
this Section; or
(II) other circumstances beyond the
control of the employee.
(C) Certification.
(i) Issuance. An employer may require an
employee who claims that the employee is unable to
return to work because of a reason described in
subclause (I) or (II) of subparagraph (B)(ii) to
provide, within a reasonable period after making
the claim, certification to the employer that the
employee is unable to return to work because of
that reason.
(ii) Contents. An employee may satisfy the
certification requirement of clause (i) by
providing to the employer:
(I) a sworn statement of the employee;
(II) documentation from an employee,
agent, or volunteer of a victim services
organization, an attorney, a member of the
clergy, or a medical or other professional

from whom the employee has sought assistance
in addressing domestic violence, sexual
violence, gender violence, or any other crime
of violence and the effects of that violence;
(III) a police, or court, or military
record; or
(IV) other corroborating evidence.
The employee shall choose which document to
submit, and the employer shall not request or require
more than one document to be submitted.
(D) Confidentiality. All information provided to
the employer pursuant to subparagraph (C), including a
statement of the employee or any other documentation,
record, or corroborating evidence, and the fact that
the employee is not returning to work because of a
reason described in subclause (I) or (II) of
subparagraph (B)(ii) shall be retained in the
strictest confidence by the employer, except to the
extent that disclosure is:
(i) requested or consented to in writing by
the employee; or
(ii) otherwise required by applicable federal
or State law.
(f) Prohibited acts.
(1) Interference with rights.
(A) Exercise of rights. It shall be unlawful for

any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise any right
provided under this Section.
(B) Employer discrimination. It shall be unlawful
for any employer to discharge or harass any
individual, or otherwise discriminate against any
individual with respect to compensation, terms,
conditions, or privileges of employment of the
individual (including retaliation in any form or
manner) because the individual:
(i) exercised any right provided under this
Section; or
(ii) opposed any practice made unlawful by
this Section.
(C) Public agency sanctions. It shall be unlawful
for any public agency to deny, reduce, or terminate
the benefits of, otherwise sanction, or harass any
individual, or otherwise discriminate against any
individual with respect to the amount, terms, or
conditions of public assistance of the individual
(including retaliation in any form or manner) because
the individual:
(i) exercised any right provided under this
Section; or
(ii) opposed any practice made unlawful by
this Section.

(2) Interference with proceedings or inquiries. It
shall be unlawful for any person to discharge or in any
other manner discriminate (as described in subparagraph
(B) or (C) of paragraph (1)) against any individual
because such individual:
(A) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this Section;
(B) has given, or is about to give, any
information in connection with any inquiry or
proceeding relating to any right provided under this
Section; or
(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this Section.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
(820 ILCS 180/30)
Sec. 30. Victims' employment sustainability; prohibited
discriminatory acts.
(a) An employer shall not fail to hire, refuse to hire,
discharge, constructively discharge, or harass any individual,
otherwise discriminate against any individual with respect to
the compensation, terms, conditions, or privileges of
employment of the individual, or retaliate against an
individual in any form or manner, and a public agency shall not

deny, reduce, or terminate the benefits of, otherwise
sanction, or harass any individual, otherwise discriminate
against any individual with respect to the amount, terms, or
conditions of public assistance of the individual, or
retaliate against an individual in any form or manner,
because:
(1) the individual involved:
(A) is or is perceived to be a victim of domestic
violence, sexual violence, gender violence, or any
criminal violence;
(B) attended, participated in, prepared for, or
requested leave to attend, participate in, or prepare
for a criminal or civil court proceeding relating to
an incident of domestic violence, sexual violence,
gender violence, or any criminal violence of which the
individual or a family or household member of the
individual was a victim, or requested or took leave
for any other reason provided under Section 20, or
attended, participated in, prepared for, requested
leave to attend, participate in, or prepare for a
court-martial or nonjudicial punishment proceeding
pursuant to the Uniform Code of Military Justice
relating to an incident of domestic violence, sexual
violence, gender violence, or any criminal violence of
which the individual or a family or household member
of the individual was a victim, or requested or took

leave for any other reason provided under Section 20;
(C) requested an adjustment to a job structure,
workplace facility, or work requirement, including a
transfer, reassignment, or modified schedule, leave, a
changed telephone number or seating assignment,
installation of a lock, or implementation of a safety
procedure in response to actual or threatened domestic
violence, sexual violence, gender violence, or any
other crime of violence, regardless of whether the
request was granted; or
(D) is an employee whose employer is subject to
Section 21 of the Workplace Violence Prevention Act;
or
(2) the workplace is disrupted or threatened by the
action of a person whom the individual states has
committed or threatened to commit domestic violence,
sexual violence, gender violence, or any other crime of
violence against the individual or the individual's family
or household member.
(b) In this Section:
(1) "Discriminate", used with respect to the terms,
conditions, or privileges of employment or with respect to
the terms or conditions of public assistance, includes not
making a reasonable accommodation to the known limitations
resulting from circumstances relating to being a victim of
domestic violence, sexual violence, gender violence, or

any criminal violence or a family or household member
being a victim of domestic violence, sexual violence,
gender violence, or any other crime of violence of an
otherwise qualified individual:
(A) who is:
(i) an applicant or employee of the employer
(including a public agency); or
(ii) an applicant for or recipient of public
assistance from a public agency; and
(B) who is:
(i) or is perceived to be a victim of domestic
violence, sexual violence, gender violence, or any
other crime of violence; or
(ii) with a family or household member who is
or is perceived to be a victim of domestic
violence, sexual violence, gender violence, or any
other crime of violence whose interests are not
adverse to the individual in subparagraph (A) as
it relates to the domestic violence, sexual
violence, gender violence, or any other crime of
violence;
unless the employer or public agency can demonstrate that
the accommodation would impose an undue hardship on the
operation of the employer or public agency.
A reasonable accommodation must be made in a timely
fashion. Any exigent circumstances or danger facing the

employee or his or her family or household member shall be
considered in determining whether the accommodation is
reasonable.
(2) "Qualified individual" means:
(A) in the case of an applicant or employee
described in paragraph (1)(A)(i), an individual who,
but for being a victim of domestic violence, sexual
violence, gender violence, or any other crime of
violence or with a family or household member who is a
victim of domestic violence, sexual violence, gender
violence, or any other crime of violence, can perform
the essential functions of the employment position
that such individual holds or desires; or
(B) in the case of an applicant or recipient
described in paragraph (1)(A)(ii), an individual who,
but for being a victim of domestic violence, sexual
violence, gender violence, or any other crime of
violence or with a family or household member who is a
victim of domestic violence, sexual violence, gender
violence, or any other crime of violence, can satisfy
the essential requirements of the program providing
the public assistance that the individual receives or
desires.
(3) "Reasonable accommodation" may include an
adjustment to a job structure, workplace facility, or work
requirement, including a transfer, reassignment, or

modified schedule, leave, a changed telephone number or
seating assignment, installation of a lock, or
implementation of a safety procedure, or assistance in
documenting domestic violence, sexual violence, gender
violence, or any other crime of violence that occurs at
the workplace or in work-related settings, or any other
reasonable accommodation in response to actual or
threatened domestic violence, sexual violence, gender
violence, or any other crime of violence.
(4) Undue hardship.
(A) In general. "Undue hardship" means an action
requiring significant difficulty or expense, when
considered in light of the factors set forth in
subparagraph (B).
(B) Factors to be considered. In determining
whether a reasonable accommodation would impose an
undue hardship on the operation of an employer or
public agency, factors to be considered include:
(i) the nature and cost of the reasonable
accommodation needed under this Section;
(ii) the overall financial resources of the
facility involved in the provision of the
reasonable accommodation, the number of persons
employed at such facility, the effect on expenses
and resources, or the impact otherwise of such
accommodation on the operation of the facility;

(iii) the overall financial resources of the
employer or public agency, the overall size of the
business of an employer or public agency with
respect to the number of employees of the employer
or public agency, and the number, type, and
location of the facilities of an employer or
public agency; and
(iv) the type of operation of the employer or
public agency, including the composition,
structure, and functions of the workforce of the
employer or public agency, the geographic
separateness of the facility from the employer or
public agency, and the administrative or fiscal
relationship of the facility to the employer or
public agency.
(c) An employer subject to Section 21 of the Workplace
Violence Prevention Act shall not violate any provisions of
the Workplace Violence Prevention Act.
(d) Confidentiality. All information provided to the
employer pursuant to this Section including a statement of the
employee or any other documentation, record, or corroborating
evidence, and the fact that the employee has requested or
obtained an accommodation pursuant to this Section shall be
retained in the strictest confidence by the employer, except
to the extent that disclosure is:
(1) requested or consented to in writing by the

employee; or
(2) otherwise required by applicable federal or State
law.
(Source: P.A. 101-221, eff. 1-1-20; 102-487, eff. 1-1-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.