Bill Text: IL SB1588 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Creates the Sexual Harassment No Contact Order Act. Adds provisions relating to: purpose; definitions; persons protected; commencement of action and filing fees; pleading and nondisclosure of address; application of rules of civil procedure and victim advocates; appointment of counsel; trial by jury; subject matter jurisdiction; jurisdiction over persons; venue; process; service of notice of hearings; hearings; continuances; sexual harassment no contact orders and remedies; mutual orders prohibited; accountability for actions of others; emergency sexual harassment no contact order; plenary sexual harassment no contact order; duration and extension of orders; contents of orders; notice of orders; short form notification; modification and reopening of orders; violation; arrest without warrant; and data maintenance by law enforcement. Amends the Criminal Code of 2012 to create the offense of violation of a sexual harassment no contact order. Makes conforming changes in the Protective Orders Article of the Code of Criminal Procedure of 1963. Effective immediately.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1588 Detail]
Download: Illinois-2019-SB1588-Engrossed.html
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1 | AN ACT concerning harassment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Sexual | ||||||
5 | Harassment No Contact Order Act.
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6 | Section 5. Purpose. Sexual harassment is a form of sex | ||||||
7 | discrimination based on an individual's actual or perceived sex | ||||||
8 | or gender that includes unwelcome sexual advances, requests for | ||||||
9 | sexual favors, and other verbal or physical harassment of a | ||||||
10 | sexual nature. In some instances, sexual harassment can cause | ||||||
11 | severe emotional and physical distress, yet does not rise to a | ||||||
12 | criminal offense. In these situations, the person who is the | ||||||
13 | subject of the sexual harassment should be able to seek a civil | ||||||
14 | remedy requiring only that the person committing the sexual | ||||||
15 | harassment stay away from the victim. The purpose of this Act | ||||||
16 | is to prevent harassment that is sexual in nature by | ||||||
17 | co-workers, neighbors, strangers, and acquaintances.
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18 | Section 10. Definitions. As used in this Act: | ||||||
19 | "Contact" includes any contact with the petitioner that is | ||||||
20 | initiated or continued without the petitioner's consent, or | ||||||
21 | that is in disregard of the petitioner's expressed desire that | ||||||
22 | the contact be avoided or discontinued, including, but not |
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1 | limited to: being in the physical presence of the petitioner; | ||||||
2 | intentionally appearing within the sight of the petitioner; | ||||||
3 | approaching or confronting the petitioner in a public place or | ||||||
4 | on private property; appearing at the workplace or residence of | ||||||
5 | the petitioner; entering onto or remaining on property owned, | ||||||
6 | leased, or occupied by the petitioner; or placing an object on, | ||||||
7 | or delivering an object to, property owned, leased, or occupied | ||||||
8 | by the petitioner. | ||||||
9 | "Course of conduct" means 2 or more acts, including, but | ||||||
10 | not limited to, acts in which a respondent directly, | ||||||
11 | indirectly, or through third parties, by any action, method, | ||||||
12 | device, or means: sexually harasses; makes unwelcome sexual | ||||||
13 | advances, requests, or threats; or engages in other contact | ||||||
14 | that is sexual in nature. "Course of conduct" includes contact | ||||||
15 | via electronic communications. The incarceration of a person in | ||||||
16 | a penal institution who commits the course of conduct is not a | ||||||
17 | bar to relief under this Act. | ||||||
18 | "Emotional distress" means significant mental suffering, | ||||||
19 | anxiety, or alarm. | ||||||
20 | "Petitioner" means any named petitioner for the sexual | ||||||
21 | harassment no contact order or any named complainant of sexual | ||||||
22 | harassment on whose behalf the petition is brought. | ||||||
23 | "Reasonable person" means a person in the petitioner's | ||||||
24 | circumstances with the petitioner's knowledge of the | ||||||
25 | respondent and the respondent's prior acts. | ||||||
26 | "Sexual harassment" means engaging in a course of conduct, |
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1 | as defined by this Section, that is directed at a specific | ||||||
2 | person based on that individual's actual or perceived sex or | ||||||
3 | gender that causes that person emotional distress, and the | ||||||
4 | person engaging in the conduct knows or should know that this | ||||||
5 | course of conduct would cause a reasonable person emotional | ||||||
6 | distress. | ||||||
7 | "Sexual harassment no contact order" means an emergency | ||||||
8 | order or plenary order granted under this Act. "Sexual | ||||||
9 | harassment no contact order" includes a remedy authorized by | ||||||
10 | Section 80.
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11 | Section 15. Persons protected by this Act. If relief is not | ||||||
12 | available to the petitioner under the Illinois Domestic | ||||||
13 | Violence Act of 1986, the Stalking No Contact Order Act, or the | ||||||
14 | Civil No Contact Order Act, a petition for a sexual harassment | ||||||
15 | no contact order may be filed by a person: | ||||||
16 | (1) who is the subject of sexual harassment; or | ||||||
17 | (2) on behalf of a minor child or an adult who is a subject | ||||||
18 | of sexual harassment but, because of age, disability, health, | ||||||
19 | or inaccessibility, cannot file the petition.
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20 | Section 20. Commencement of action; filing fees. | ||||||
21 | (a) An action for a sexual harassment no contact order may | ||||||
22 | be commenced: | ||||||
23 | (1) independently, by filing a petition for a sexual | ||||||
24 | harassment no contact order in any circuit court, unless |
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1 | specific divisions of the circuit court are designated by | ||||||
2 | local rule or order; or | ||||||
3 | (2) in conjunction with a delinquency petition or a | ||||||
4 | criminal prosecution as provided in Article 112A of the | ||||||
5 | Code of Criminal Procedure of 1963. | ||||||
6 | (b) If the petitioner is represented by the State, | ||||||
7 | withdrawal or dismissal of a petition for a sexual harassment | ||||||
8 | no contact order prior to adjudication shall operate as a | ||||||
9 | dismissal without prejudice. No action for a sexual harassment | ||||||
10 | no contact order shall be dismissed solely because the | ||||||
11 | respondent is being prosecuted for a crime against the | ||||||
12 | petitioner. For an action commenced under paragraph (2) of | ||||||
13 | subsection (a) of this Section, dismissal of the conjoined case | ||||||
14 | (or a finding of not guilty) shall not require dismissal of the | ||||||
15 | action for a sexual harassment no contact order; instead, it | ||||||
16 | may be treated as an independent action and, if necessary and | ||||||
17 | appropriate, transferred to a different court or division. | ||||||
18 | (c) No fee shall be charged by the clerk of the court for | ||||||
19 | filing a petition, or modifying or certifying an order, under | ||||||
20 | this Act. No fee shall be charged by the sheriff for service by | ||||||
21 | the sheriff of a petition, rule, motion, or order in an action | ||||||
22 | commenced under this Section. | ||||||
23 | (d) The court shall provide, through the office of the | ||||||
24 | clerk of the court, simplified forms for the filing of a | ||||||
25 | petition under this Section by a person not represented by | ||||||
26 | counsel.
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1 | Section 25. Pleading; nondisclosure of address. | ||||||
2 | (a) A petition for a sexual harassment no contact order | ||||||
3 | shall be in writing and verified or accompanied by an affidavit | ||||||
4 | and shall allege that the petitioner has been the subject of | ||||||
5 | sexual harassment by the respondent. | ||||||
6 | (b) If the petition states that disclosure of the | ||||||
7 | petitioner's address would risk abuse of the petitioner or any | ||||||
8 | member of the petitioner's family or household, that address | ||||||
9 | may be omitted from all documents filed with the court. If the | ||||||
10 | petitioner has not disclosed an address under this subsection, | ||||||
11 | the petitioner shall designate an alternative address at which | ||||||
12 | the respondent may serve notice of any motions.
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13 | Section 30. Application of rules of civil procedure; victim | ||||||
14 | advocates. | ||||||
15 | (a) A proceeding to obtain, modify, reopen, or appeal a | ||||||
16 | sexual harassment no contact order shall be governed by the | ||||||
17 | rules of civil procedure of this State. The standard of proof | ||||||
18 | in the proceeding is proof by a preponderance of the evidence. | ||||||
19 | The Code of Civil Procedure and Supreme Court and local court | ||||||
20 | rules applicable to civil proceedings shall apply, except as | ||||||
21 | otherwise provided by this Act. | ||||||
22 | (b) In circuit courts, victim advocates shall be allowed to | ||||||
23 | accompany the petitioner and confer with the petitioner, unless | ||||||
24 | otherwise directed by the court. Victim advocates include, but |
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1 | are not limited to, rape crisis center advocates. Court | ||||||
2 | administrators shall allow victim advocates to assist sexual | ||||||
3 | harassment petitioners in the preparation of petitions for | ||||||
4 | sexual harassment no contact orders. Victim advocates are not | ||||||
5 | engaged in the unauthorized practice of law when providing | ||||||
6 | assistance of the types specified in this subsection (b).
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7 | Section 35. Appointment of counsel. The court may appoint | ||||||
8 | counsel to represent the petitioner if the respondent is | ||||||
9 | represented by counsel.
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10 | Section 40. Trial by jury. There is no right to trial by | ||||||
11 | jury in any proceeding to obtain, modify, vacate, or extend a | ||||||
12 | sexual harassment no contact order. However, nothing in this | ||||||
13 | Section limits or denies any otherwise existing right to trial | ||||||
14 | by jury in a criminal proceeding.
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15 | Section 45. Subject matter jurisdiction. Each of the | ||||||
16 | circuit courts has the power to issue sexual harassment no | ||||||
17 | contact orders.
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18 | Section 50. Jurisdiction over persons. The courts of this | ||||||
19 | State have jurisdiction to bind (1) State residents; and (2) | ||||||
20 | nonresidents having minimum contacts with this State, to the | ||||||
21 | extent permitted by the long-arm statute, Section 2-209 of the | ||||||
22 | Code of Civil Procedure.
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1 | Section 55. Venue. A petition for a sexual harassment no | ||||||
2 | contact order may be filed in any county where: | ||||||
3 | (1) the petitioner resides; | ||||||
4 | (2) the respondent resides; or | ||||||
5 | (3) one or more acts of the alleged sexual harassment | ||||||
6 | occurred.
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7 | Section 60. Process. | ||||||
8 | (a) Any action for a sexual harassment no contact order | ||||||
9 | requires that a separate summons be issued and served. The | ||||||
10 | summons shall be in the form prescribed by Supreme Court Rule | ||||||
11 | 101(d), except that it shall require the respondent to answer | ||||||
12 | or appear within 7 days. Attachments to the summons or notice | ||||||
13 | shall include the petition for a sexual harassment no contact | ||||||
14 | order and supporting affidavits, if any, and any emergency | ||||||
15 | sexual harassment no contact order that has been issued. | ||||||
16 | (b) The summons shall be served by the sheriff or other law | ||||||
17 | enforcement officer at the earliest time and shall take | ||||||
18 | precedence over other summonses except those of a similar | ||||||
19 | emergency nature. Special process servers may be appointed at | ||||||
20 | any time, and their designation shall not affect the | ||||||
21 | responsibilities and authority of the sheriff or other official | ||||||
22 | process servers. | ||||||
23 | (c) Service of process on a member of the respondent's | ||||||
24 | household or by publication is adequate if: |
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1 | (1) the petitioner has made all reasonable efforts to | ||||||
2 | accomplish actual service of process personally upon the | ||||||
3 | respondent, but the respondent cannot be found to effect | ||||||
4 | the service; and | ||||||
5 | (2) the petitioner files an affidavit or presents sworn | ||||||
6 | testimony as to those efforts. | ||||||
7 | (d) A plenary sexual harassment no contact order may be | ||||||
8 | entered by default for the remedy sought in the petition, if | ||||||
9 | the respondent has been served or given notice in accordance | ||||||
10 | with subsection (a) of this Section and if the respondent then | ||||||
11 | fails to appear as directed or fails to appear on any | ||||||
12 | subsequent appearance or hearing date agreed to by the parties | ||||||
13 | or set by the court.
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14 | Section 65. Service of notice of hearings. Except as | ||||||
15 | provided in Section 60, notice of hearings on petitions or | ||||||
16 | motions shall be served in accordance with Supreme Court Rules | ||||||
17 | 11 and 12, unless notice is excused by Section 100 or by the | ||||||
18 | Code of Civil Procedure, Supreme Court Rules, or local rules.
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19 | Section 70. Hearings. A petition for a sexual harassment no | ||||||
20 | contact order shall be treated as an expedited proceeding, and | ||||||
21 | no court may transfer or otherwise decline to decide all or | ||||||
22 | part of the petition. Nothing in this Section shall prevent the | ||||||
23 | court from reserving issues if jurisdiction or notice | ||||||
24 | requirements are not met.
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1 | Section 75. Continuances. | ||||||
2 | (a) A petition for emergency remedies shall be granted or | ||||||
3 | denied in accordance with the standards of Section 100, | ||||||
4 | regardless of the respondent's appearance or presence in court. | ||||||
5 | (b) An action for a sexual harassment no contact order is | ||||||
6 | an expedited proceeding. Continuances shall be granted only for | ||||||
7 | good cause shown and kept to the minimum reasonable duration, | ||||||
8 | taking into account the reasons for the continuance.
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9 | Section 80. Sexual harassment no contact orders; remedies. | ||||||
10 | (a) If the court finds that the petitioner has been a | ||||||
11 | victim of sexual harassment and the petitioner has satisfied | ||||||
12 | the requirements of Section 95 on emergency orders or Section | ||||||
13 | 100 on plenary orders, a sexual harassment no contact order | ||||||
14 | shall be issued. The petitioner shall not be denied a sexual | ||||||
15 | harassment no contact order because the petitioner or the | ||||||
16 | respondent is a minor. The court, when determining whether to | ||||||
17 | issue a sexual harassment no contact order, may not require | ||||||
18 | physical injury on the person of the petitioner. Modification | ||||||
19 | and extension of a prior sexual harassment no contact order | ||||||
20 | shall be in accordance with this Act. | ||||||
21 | (b) A sexual harassment no contact order shall do one or | ||||||
22 | more of the following: | ||||||
23 | (1) prohibit the respondent from continued harassment | ||||||
24 | of the petitioner; |
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1 | (2) order the respondent to have no contact with the | ||||||
2 | petitioner or a third person specifically named by the | ||||||
3 | court; | ||||||
4 | (3) prohibit the respondent from knowingly coming | ||||||
5 | within or knowingly remaining within a specified distance | ||||||
6 | of the petitioner or the petitioner's residence, school, | ||||||
7 | daycare, or place of employment, or any specified place | ||||||
8 | frequented by the petitioner; however, the court may order | ||||||
9 | the respondent to stay away from the respondent's own | ||||||
10 | residence, school, or place of employment only if the | ||||||
11 | respondent has been provided actual notice of the | ||||||
12 | opportunity to appear and be heard on the petition; | ||||||
13 | (4) if there was a reported threat of force with a | ||||||
14 | weapon, prohibit the respondent from possessing a Firearm | ||||||
15 | Owner's Identification Card or possessing or buying a | ||||||
16 | firearm; and | ||||||
17 | (5) order other injunctive relief the court determines | ||||||
18 | to be necessary to protect the petitioner or a third party | ||||||
19 | specifically named by the court. | ||||||
20 | (c) If the petitioner and the respondent attend the same | ||||||
21 | public, private, or nonpublic elementary, middle, or high | ||||||
22 | school, the court, when issuing a sexual harassment no contact | ||||||
23 | order and providing relief, shall consider the severity of the | ||||||
24 | act, any continuing physical danger or emotional distress to | ||||||
25 | the petitioner, the educational rights guaranteed to the | ||||||
26 | petitioner and respondent under federal and State law, the |
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1 | availability of a transfer of the respondent to another school, | ||||||
2 | a change of placement or a change of program of the respondent, | ||||||
3 | the expense, difficulty, and educational disruption that would | ||||||
4 | be caused by a transfer of the respondent to another school, | ||||||
5 | and any other relevant facts of the case. The court may order | ||||||
6 | that the respondent not attend the public, private, or | ||||||
7 | nonpublic elementary, middle, or high school attended by the | ||||||
8 | petitioner, order that the respondent accept a change of | ||||||
9 | placement or program, as determined by the school district or | ||||||
10 | private or nonpublic school, or place restrictions on the | ||||||
11 | respondent's movements within the school attended by the | ||||||
12 | petitioner. The respondent bears the burden of proving by a | ||||||
13 | preponderance of the evidence that a transfer, change of | ||||||
14 | placement, or change of program of the respondent is not | ||||||
15 | available. The respondent also bears the burden of production | ||||||
16 | with respect to the expense, difficulty, and educational | ||||||
17 | disruption that would be caused by a transfer of the respondent | ||||||
18 | to another school. A transfer, change of placement, or change | ||||||
19 | of program is not unavailable to the respondent solely on the | ||||||
20 | ground that the respondent does not agree with the school | ||||||
21 | district's or private or nonpublic school's transfer, change of | ||||||
22 | placement, or change of program or solely on the ground that | ||||||
23 | the respondent fails or refuses to consent to or otherwise does | ||||||
24 | not take an action required to effectuate a transfer, change of | ||||||
25 | placement, or change of program. If a court orders a respondent | ||||||
26 | to stay away from the public, private, or nonpublic school |
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1 | attended by the petitioner and the respondent requests a | ||||||
2 | transfer to another attendance center within the respondent's | ||||||
3 | school district or private or nonpublic school, the school | ||||||
4 | district or private or nonpublic school shall have sole | ||||||
5 | discretion to determine the attendance center to which the | ||||||
6 | respondent is transferred. If the court order results in a | ||||||
7 | transfer of the minor respondent to another attendance center, | ||||||
8 | a change in the respondent's placement, or a change of the | ||||||
9 | respondent's program, the parent, guardian, or legal custodian | ||||||
10 | of the respondent is responsible for transportation and other | ||||||
11 | costs associated with the transfer or change. | ||||||
12 | (d) The court may order the parent, guardian, or legal | ||||||
13 | custodian of a minor respondent to take certain actions or to | ||||||
14 | refrain from taking certain actions to ensure that the | ||||||
15 | respondent complies with the order. If the court orders a | ||||||
16 | transfer of the respondent to another school, the parent, | ||||||
17 | guardian, or legal custodian of the respondent is responsible | ||||||
18 | for transportation and other costs associated with the change | ||||||
19 | of school by the respondent. | ||||||
20 | (e) The court shall not hold a school district or private | ||||||
21 | or nonpublic school or any of its employees in civil or | ||||||
22 | criminal contempt unless the school district or private or | ||||||
23 | nonpublic school has been allowed to intervene. | ||||||
24 | (f) The court may hold a parent, guardian, or legal | ||||||
25 | custodian of a minor respondent in civil or criminal contempt | ||||||
26 | for a violation of any provision of any order entered under |
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1 | this Act for conduct of the minor respondent in violation of | ||||||
2 | this Act if the parent, guardian, or legal custodian directed, | ||||||
3 | encouraged, or assisted the respondent minor in the conduct. | ||||||
4 | (g) The court may award the petitioner costs and attorney's | ||||||
5 | fees if a sexual harassment no contact order is granted. | ||||||
6 | (h) Monetary damages are not recoverable as a remedy. | ||||||
7 | (i) If the sexual harassment no contact order prohibits the | ||||||
8 | respondent from possessing a Firearm Owner's Identification | ||||||
9 | Card or possessing or buying firearms, the court shall | ||||||
10 | confiscate the respondent's Firearm Owner's Identification | ||||||
11 | Card and immediately return the card to the Department of State | ||||||
12 | Police Firearm Owner's Identification Card Office.
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13 | Section 85. Mutual orders prohibited. Mutual sexual | ||||||
14 | harassment no contact orders are prohibited. Correlative | ||||||
15 | separate orders undermine the purposes of this Act. If separate | ||||||
16 | orders are sought, both must comply with all provisions of this | ||||||
17 | Act.
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18 | Section 90. Accountability for actions of others. For the | ||||||
19 | purposes of issuing a sexual harassment no contact order, | ||||||
20 | deciding what remedies should be included, and enforcing the | ||||||
21 | order, Article 5 of the Criminal Code of 2012 governs whether a | ||||||
22 | respondent is legally accountable for the conduct of another | ||||||
23 | person.
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1 | Section 95. Emergency sexual harassment no contact order. | ||||||
2 | (a) An emergency sexual harassment no contact order shall | ||||||
3 | be issued if the petitioner satisfies the requirements of this | ||||||
4 | subsection (a). The petitioner shall establish that: | ||||||
5 | (1) the court has jurisdiction under Section 50; | ||||||
6 | (2) the requirements of Section 80 are satisfied; and | ||||||
7 | (3) there is good cause to grant the remedy, regardless | ||||||
8 | of prior service of process or of notice upon the | ||||||
9 | respondent, because the harm that the remedy is intended to | ||||||
10 | prevent would be likely to occur if the respondent were | ||||||
11 | given any prior notice, or greater notice than was actually | ||||||
12 | given, of the petitioner's efforts to obtain judicial | ||||||
13 | relief. | ||||||
14 | An emergency sexual harassment no contact order shall be | ||||||
15 | issued by the court if it appears from the contents of the | ||||||
16 | petition and the examination of the petitioner that the | ||||||
17 | averments are sufficient to indicate sexual harassment by the | ||||||
18 | respondent and to support the granting of relief under the | ||||||
19 | issuance of the sexual harassment no contact order. | ||||||
20 | An emergency sexual harassment no contact order shall be | ||||||
21 | issued if the court finds that items (1), (2), and (3) of this | ||||||
22 | subsection (a) are met. | ||||||
23 | (b) If the respondent appears in court for the hearing for | ||||||
24 | an emergency order, he or she may elect to file a general | ||||||
25 | appearance and testify. Any resulting order may be an emergency | ||||||
26 | order, governed by this Section. Notwithstanding the |
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1 | requirements of this Section, if all requirements of Section | ||||||
2 | 100 have been met, the court may issue a plenary order. | ||||||
3 | (c) Emergency orders; court holidays and evenings. | ||||||
4 | (1) If the court is unavailable at the close of | ||||||
5 | business, the petitioner may file a petition for a 21-day | ||||||
6 | emergency order before any available circuit judge or | ||||||
7 | associate judge who may grant relief under this Act. If the | ||||||
8 | judge finds that there is an immediate and present danger | ||||||
9 | of abuse against the petitioner and that the petitioner has | ||||||
10 | satisfied the prerequisites set forth in subsection (a), | ||||||
11 | that judge may issue an emergency sexual harassment no | ||||||
12 | contact order. | ||||||
13 | (2) The chief judge of the circuit court may designate | ||||||
14 | for each county in the circuit at least one judge to be | ||||||
15 | reasonably available to issue orally, by telephone, by | ||||||
16 | facsimile, or otherwise, an emergency sexual harassment no | ||||||
17 | contact order at all times, regardless of whether the court | ||||||
18 | is in session. | ||||||
19 | (3) Any order issued under this Section and any | ||||||
20 | documentation in support of the order shall be certified on | ||||||
21 | the next court day to the appropriate court. The clerk of | ||||||
22 | that court shall immediately assign a case number, file the | ||||||
23 | petition, order, and other documents with the court, enter | ||||||
24 | the order of record, and file it with the sheriff for | ||||||
25 | service in accordance with Section 60. Filing the petition | ||||||
26 | shall commence proceedings for further relief under |
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1 | Section 20. Failure to comply with the requirements of this | ||||||
2 | paragraph (3) does not affect the validity of the order.
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3 | Section 100. Plenary sexual harassment no contact order. | ||||||
4 | The court shall issue a plenary sexual harassment no contact | ||||||
5 | order if the petitioner has served notice of the hearing for | ||||||
6 | that order on the respondent, in accordance with Section 65, | ||||||
7 | and has satisfied the requirements of this Section. The | ||||||
8 | petitioner must establish that: | ||||||
9 | (1) the court has jurisdiction under Section 50 of this | ||||||
10 | Act; | ||||||
11 | (2) the requirements of Section 80 are satisfied; | ||||||
12 | (3) a general appearance was made or filed by or for | ||||||
13 | the respondent or process was served on the respondent in | ||||||
14 | the manner required by Section 60; and | ||||||
15 | (4) the respondent has answered or is in default.
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16 | Section 105. Duration and extension of orders. | ||||||
17 | (a) Unless reopened or extended or voided by entry of an | ||||||
18 | order of greater duration, an emergency order shall be | ||||||
19 | effective for not less than 14 nor more than 21 days. | ||||||
20 | (b) Except as otherwise provided in this Section, a plenary | ||||||
21 | sexual harassment no contact order shall be effective for a | ||||||
22 | fixed period not to exceed 2 years. A sexual harassment no | ||||||
23 | contact order entered in conjunction with a criminal | ||||||
24 | prosecution or delinquency petition shall remain in effect as |
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1 | provided in Section 112A-20 of the Code of Criminal Procedure | ||||||
2 | of 1963. | ||||||
3 | (c) An emergency or plenary order may be extended one or | ||||||
4 | more times, as required, if the requirements of Section 95 or | ||||||
5 | 100, as appropriate, are satisfied. If the motion for extension | ||||||
6 | is uncontested and the petitioner seeks no modification of the | ||||||
7 | order, the order may be extended on the basis of the | ||||||
8 | petitioner's motion or affidavit stating that there has been no | ||||||
9 | material change in relevant circumstances since the entry of | ||||||
10 | the order and stating the reason for the requested extension. | ||||||
11 | Extensions may be granted only in open court and not under the | ||||||
12 | provisions of subsection (c) of Section 95, which applies only | ||||||
13 | if the court is unavailable at the close of business or on a | ||||||
14 | court holiday. | ||||||
15 | (d) A sexual harassment no contact order that would expire | ||||||
16 | on a court holiday shall instead expire at the close of the | ||||||
17 | next court business day. | ||||||
18 | (e) The practice of dismissing or suspending a criminal | ||||||
19 | prosecution in exchange for the issuance of a sexual harassment | ||||||
20 | no contact order undermines the purposes of this Act. This | ||||||
21 | Section shall not be construed as encouraging that practice.
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22 | Section 110. Contents of orders. | ||||||
23 | (a) A sexual harassment no contact order shall describe | ||||||
24 | each remedy granted by the court, in reasonable detail and not | ||||||
25 | by reference to any other document, so that the respondent may |
| |||||||
| |||||||
1 | clearly understand what he or she must do or refrain from | ||||||
2 | doing. | ||||||
3 | (b) A sexual harassment no contact order shall further | ||||||
4 | state the following: | ||||||
5 | (1) The name of each petitioner that the court finds | ||||||
6 | was the subject of sexual harassment by the respondent. | ||||||
7 | (2) The date and time the sexual harassment no contact | ||||||
8 | order was issued, whether it is an emergency or plenary | ||||||
9 | order, and the duration of the order. | ||||||
10 | (3) The date, time, and place of any scheduled hearing | ||||||
11 | for extension of that sexual harassment no contact order or | ||||||
12 | for another order of greater duration or scope. | ||||||
13 | (4) For each remedy in an emergency sexual harassment | ||||||
14 | no contact order, the reason for entering that remedy | ||||||
15 | without prior notice to the respondent or greater notice | ||||||
16 | than was actually given. | ||||||
17 | (5) For an emergency sexual harassment no contact | ||||||
18 | order, that the respondent may petition the court, in | ||||||
19 | accordance with Section 125, to reopen the order if he or | ||||||
20 | she did not receive actual prior notice of the hearing as | ||||||
21 | required under Section 65 and if the respondent alleges | ||||||
22 | that he or she had a meritorious defense to the order or | ||||||
23 | that the order or its remedy is not authorized by this Act. | ||||||
24 | (c) A sexual harassment no contact order shall include the | ||||||
25 | following notice, printed in conspicuous type: "An initial | ||||||
26 | knowing violation of a sexual harassment no contact order is a |
| |||||||
| |||||||
1 | Class A misdemeanor. A second or subsequent knowing violation | ||||||
2 | is a Class 4 felony.".
| ||||||
3 | Section 115. Notice of orders. | ||||||
4 | (a) Upon issuance of a sexual harassment no contact order, | ||||||
5 | the clerk shall immediately, or on the next court day if an | ||||||
6 | emergency order is issued in accordance with subsection (c) of | ||||||
7 | Section 95: | ||||||
8 | (1) enter the order on the record and file it in | ||||||
9 | accordance with the circuit court procedures; and | ||||||
10 | (2) provide a file-stamped copy of the order to the | ||||||
11 | respondent, if present, and to the petitioner. | ||||||
12 | (b) The clerk of the issuing judge shall, or the petitioner | ||||||
13 | may, on the same day that a sexual harassment no contact order | ||||||
14 | is issued, file a certified copy of that order with the sheriff | ||||||
15 | or other law enforcement officials charged with maintaining | ||||||
16 | Department of State Police records or charged with serving the | ||||||
17 | order upon the respondent. If the order was issued in | ||||||
18 | accordance with subsection (c) of Section 95, the clerk shall, | ||||||
19 | on the next court day, file a certified copy of the order with | ||||||
20 | the sheriff or other law enforcement officials charged with | ||||||
21 | maintaining Department of State Police records. If the | ||||||
22 | respondent, at the time of the issuance of the order, is | ||||||
23 | committed to the custody of the Department of Corrections or | ||||||
24 | Department of Juvenile Justice or is on parole, aftercare | ||||||
25 | release, or mandatory supervised release, the sheriff or other |
| |||||||
| |||||||
1 | law enforcement officials charged with maintaining Department | ||||||
2 | of State Police records shall notify the Department of | ||||||
3 | Corrections or Department of Juvenile Justice within 48 hours | ||||||
4 | of receipt of a copy of the sexual harassment no contact order | ||||||
5 | from the clerk of the issuing judge or petitioner. The notice | ||||||
6 | shall include the name of the respondent, the respondent's | ||||||
7 | Department of Corrections inmate number or Department of | ||||||
8 | Juvenile Justice youth identification number, the respondent's | ||||||
9 | date of birth, and the Law Enforcement Agencies Data System | ||||||
10 | Record Index Number. | ||||||
11 | (c) Unless the respondent was present in court when the | ||||||
12 | order was issued, the sheriff, other law enforcement official, | ||||||
13 | or special process server shall promptly serve that order upon | ||||||
14 | the respondent and file proof of service in the manner provided | ||||||
15 | for service of process in civil proceedings. Instead of serving | ||||||
16 | the order upon the respondent, however, the sheriff, other law | ||||||
17 | enforcement official, special process server, or other person | ||||||
18 | defined in Section 120 may serve the respondent with a short | ||||||
19 | form notification as provided in Section 120. If process has | ||||||
20 | not yet been served upon the respondent, it shall be served | ||||||
21 | with the order or short form notification if the service is | ||||||
22 | made by the sheriff, other law enforcement official, or special | ||||||
23 | process server. | ||||||
24 | (d) If the person against whom the sexual harassment no | ||||||
25 | contact order is issued is arrested and the written order is | ||||||
26 | issued in accordance with subsection (c) of Section 95 and |
| |||||||
| |||||||
1 | received by the custodial law enforcement agency before the | ||||||
2 | respondent or arrestee is released from custody, the custodial | ||||||
3 | law enforcement agent shall promptly serve the order upon the | ||||||
4 | respondent or arrestee before the respondent or arrestee is | ||||||
5 | released from custody. In no event shall detention of the | ||||||
6 | respondent or arrestee be extended for hearing on the petition | ||||||
7 | for a sexual harassment no contact order or receipt of the | ||||||
8 | order issued under Section 95. | ||||||
9 | (e) An order extending, modifying, or revoking a sexual | ||||||
10 | harassment no contact order shall be promptly recorded, issued, | ||||||
11 | and served as provided in this Section. | ||||||
12 | (f) Upon the request of the petitioner, within 24 hours of | ||||||
13 | the issuance of a sexual harassment no contact order, the clerk | ||||||
14 | of the issuing judge shall send written notice of the order and | ||||||
15 | a certified copy of the order to any school, daycare, college, | ||||||
16 | or university at which the petitioner is enrolled.
| ||||||
17 | Section 120. Short form notification. | ||||||
18 | (a) Instead of personal service of a sexual harassment no | ||||||
19 | contact order under Section 115, a sheriff, other law | ||||||
20 | enforcement official, special process server, or personnel | ||||||
21 | assigned by the Department of Corrections or Department of | ||||||
22 | Juvenile Justice to investigate the alleged misconduct of | ||||||
23 | committed persons or alleged violations of a parolee's or | ||||||
24 | releasee's conditions of parole, aftercare release, or | ||||||
25 | mandatory supervised release may serve a respondent with a |
| |||||||
| |||||||
1 | short form notification. The short form notification must | ||||||
2 | include the following items, either in checklist form or | ||||||
3 | handwritten: | ||||||
4 | (1) the respondent's name; | ||||||
5 | (2) the respondent's date of birth, if known; | ||||||
6 | (3) the petitioner's name; | ||||||
7 | (4) the names of other protected parties; | ||||||
8 | (5) the date and county in which the sexual harassment | ||||||
9 | no contact order was filed; | ||||||
10 | (6) the court file number; | ||||||
11 | (7) the hearing date and time, if known; and | ||||||
12 | (8) the conditions that apply to the respondent; | ||||||
13 | (b) The short form notification must contain the following | ||||||
14 | notice in bold print: | ||||||
15 | "The order is now enforceable. You must report to the | ||||||
16 | office of the sheriff or the office of the circuit court in | ||||||
17 | (name of county) County to obtain a copy of the order. You are | ||||||
18 | subject to arrest and may be charged with a misdemeanor or | ||||||
19 | felony if you violate any of the terms of the order.". | ||||||
20 | (c) Upon verification of the identity of the respondent and | ||||||
21 | the existence of an unserved order against the respondent, a | ||||||
22 | sheriff or other law enforcement official may detain the | ||||||
23 | respondent for a reasonable time necessary to complete and | ||||||
24 | serve the short form notification. | ||||||
25 | (d) When service is made by short form notification under | ||||||
26 | this Section, it may be proved by the affidavit of the person |
| |||||||
| |||||||
1 | making the service. | ||||||
2 | (e) The Attorney General shall make the short form | ||||||
3 | notification form available to law enforcement agencies in this | ||||||
4 | State.
| ||||||
5 | Section 125. Modification; reopening of orders. | ||||||
6 | (a) Except as otherwise provided in this Section, upon | ||||||
7 | motion by the petitioner, the court may modify an emergency or | ||||||
8 | plenary sexual harassment no contact order by altering the | ||||||
9 | remedy, subject to Section 80. | ||||||
10 | (b) After 30 days following entry of a plenary sexual | ||||||
11 | harassment no contact order, a court may modify that order only | ||||||
12 | when a change in the applicable law or facts since that plenary | ||||||
13 | order was entered warrants a modification of its terms. | ||||||
14 | (c) Upon 2 days' notice to the petitioner, or shorter | ||||||
15 | notice as the court may prescribe, a respondent subject to an | ||||||
16 | emergency sexual harassment no contact order issued under this | ||||||
17 | Act may appear and petition the court to rehear the original or | ||||||
18 | amended petition. A petition to rehear shall be verified and | ||||||
19 | shall allege the following: | ||||||
20 | (1) that the respondent did not receive prior notice of | ||||||
21 | the initial hearing in which the emergency order was | ||||||
22 | entered under Sections 65 and 95; and | ||||||
23 | (2) that the respondent had a meritorious defense to | ||||||
24 | the order or any of its remedies or that the order or any | ||||||
25 | of its remedies was not authorized by this Act.
|
| |||||||
| |||||||
1 | Section 130. Violation. An initial knowing violation of a | ||||||
2 | sexual harassment no contact order is a Class A misdemeanor. A | ||||||
3 | second or subsequent knowing violation is a Class 4 felony.
| ||||||
4 | Section 135. Arrest without warrant. | ||||||
5 | (a) A law enforcement officer may make an arrest without | ||||||
6 | warrant if the officer has probable cause to believe that the | ||||||
7 | person has committed or is committing a violation of a sexual | ||||||
8 | harassment no contact order. | ||||||
9 | (b) The law enforcement officer may verify the existence of | ||||||
10 | a sexual harassment no contact order by telephone or radio | ||||||
11 | communication with his or her law enforcement agency or by | ||||||
12 | referring to the copy of the order provided by the petitioner | ||||||
13 | or the respondent.
| ||||||
14 | Section 140. Data maintenance by law enforcement agencies. | ||||||
15 | (a) A sheriff shall furnish to the Department of State | ||||||
16 | Police, on the same day as received, in the form and detail the | ||||||
17 | Department requires, copies of any recorded emergency or | ||||||
18 | plenary sexual harassment no contact orders issued by the court | ||||||
19 | and transmitted to the sheriff by the clerk of the court in | ||||||
20 | accordance with subsection (b) of Section 115. Each sexual | ||||||
21 | harassment no contact order shall be entered in the Law | ||||||
22 | Enforcement Agencies Data System on the same day it is issued | ||||||
23 | by the court. If an emergency sexual harassment no contact |
| |||||||
| |||||||
1 | order was issued in accordance with subsection (c) of Section | ||||||
2 | 100, the order shall be entered in the Law Enforcement Agencies | ||||||
3 | Data System as soon as possible after receipt from the clerk of | ||||||
4 | the court. | ||||||
5 | (b) The Department of State Police shall maintain a | ||||||
6 | complete and systematic record and index of all valid and | ||||||
7 | recorded sexual harassment no contact orders issued under this | ||||||
8 | Act. The data shall be used to inform all dispatchers and law | ||||||
9 | enforcement officers at the scene of an alleged incident of | ||||||
10 | sexual harassment or violation of a sexual harassment no | ||||||
11 | contact order of any recorded prior incident of sexual | ||||||
12 | harassment involving the petitioner and the effective dates and | ||||||
13 | terms of any recorded sexual harassment no contact order.
| ||||||
14 | Section 145. Retaliation prohibited. A petition for relief | ||||||
15 | under this Act made in good faith is protected by the | ||||||
16 | anti-retaliation provisions of the Illinois Human Rights Act to | ||||||
17 | the extent they are applicable.
| ||||||
18 | Section 900. The Criminal Code of 2012 is amended by adding | ||||||
19 | Section 13-10 as follows:
| ||||||
20 | (720 ILCS 5/13-10 new) | ||||||
21 | Sec. 13-10. Violation of a sexual harassment no contact | ||||||
22 | order. | ||||||
23 | (a) A person commits violation of a sexual harassment no |
| |||||||
| |||||||
1 | contact order if: | ||||||
2 | (1) he or she knowingly commits an act that was | ||||||
3 | prohibited by a court or fails to commit an act that was | ||||||
4 | ordered by a court in violation of: | ||||||
5 | (A) a remedy in a valid sexual harassment no | ||||||
6 | contact order authorized under Section 80 of the Sexual | ||||||
7 | Harassment No Contact Order Act or Section 112A-14.8 of | ||||||
8 | the Code of Criminal Procedure of 1963; or | ||||||
9 | (B) a remedy that is substantially similar to the | ||||||
10 | remedies authorized under Section 80 of the Sexual | ||||||
11 | Harassment No Contact Order Act or Section 112A-14.8 of | ||||||
12 | the Code of Criminal Procedure of 1963 or in a valid | ||||||
13 | sexual harassment no contact order that is authorized | ||||||
14 | under the laws of another state, tribe, or United | ||||||
15 | States territory; and | ||||||
16 | (2) the violation occurs after the offender has been | ||||||
17 | served notice of the contents of the order under the Sexual | ||||||
18 | Harassment No Contact Order Act, Article 112A of the Code | ||||||
19 | of Criminal Procedure of 1963, or any substantially similar | ||||||
20 | statute of another state, tribe, or United States territory | ||||||
21 | or otherwise has acquired actual knowledge of the contents | ||||||
22 | of the order. | ||||||
23 | A sexual harassment no contact order issued by a state, | ||||||
24 | tribal, or territorial court shall be deemed valid if the | ||||||
25 | issuing court had jurisdiction over the parties and matter | ||||||
26 | under the law of the state, tribe, or territory. There shall be |
| |||||||
| |||||||
1 | a presumption of validity when an order is certified and | ||||||
2 | appears authentic on its face. | ||||||
3 | (b) For purposes of this Section, a "sexual harassment no | ||||||
4 | contact order" may have been issued in a criminal or civil | ||||||
5 | proceeding. | ||||||
6 | (c) Failure to provide reasonable notice and an opportunity | ||||||
7 | to be heard shall be an affirmative defense to any charge or | ||||||
8 | process filed seeking enforcement of a foreign sexual | ||||||
9 | harassment no contact order. | ||||||
10 | (d) Prosecution for a violation of a sexual harassment no | ||||||
11 | contact order shall not bar a concurrent prosecution for any | ||||||
12 | other crime, including any crime that may have been committed | ||||||
13 | at the time of the violation of the order. | ||||||
14 | (e) Nothing in this Section shall be construed to diminish | ||||||
15 | the inherent authority of the courts to enforce their lawful | ||||||
16 | orders through civil or criminal contempt proceedings. | ||||||
17 | (f) A defendant who directed the actions of a third party | ||||||
18 | to violate this Section, under the principles of accountability | ||||||
19 | set forth in Article 5 of this Code, is guilty of violating | ||||||
20 | this Section as if the same had been personally done by the | ||||||
21 | defendant, without regard to the mental state of the third | ||||||
22 | party acting at the direction of the defendant. | ||||||
23 | (g) Sentence. A violation of a sexual harassment no contact | ||||||
24 | order is a Class A misdemeanor for a first violation, and a | ||||||
25 | Class 4 felony for a second or subsequent violation.
|
| |||||||
| |||||||
1 | Section 905. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Sections 112A-1.5, 112A-2.5, 112A-3, | ||||||
3 | 112A-4, 112A-4.5, 112A-11.5, 112A-23, and 112A-28 and by adding | ||||||
4 | Sections 112A-14.8 and 112A-21.8 as follows:
| ||||||
5 | (725 ILCS 5/112A-1.5) | ||||||
6 | Sec. 112A-1.5. Purpose and construction. The purpose of | ||||||
7 | this Article is to protect the safety of victims of domestic | ||||||
8 | violence, sexual assault, sexual abuse, sexual harassment, and | ||||||
9 | stalking and the safety of their family and household members; | ||||||
10 | and to minimize the trauma and inconvenience associated with | ||||||
11 | attending separate and multiple civil court proceedings to | ||||||
12 | obtain protective orders. This Article shall be interpreted in | ||||||
13 | accordance with the constitutional rights of crime victims set | ||||||
14 | forth in Article I, Section 8.1 of the Illinois Constitution, | ||||||
15 | the purposes set forth in Section 2 of the Rights of Crime | ||||||
16 | Victims and Witnesses Act, and the use of protective orders to | ||||||
17 | implement the victim's right to be reasonably protected from | ||||||
18 | the defendant as provided in Section 4.5 of the Rights of | ||||||
19 | Victims and Witnesses Act.
| ||||||
20 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
21 | (725 ILCS 5/112A-2.5) | ||||||
22 | Sec. 112A-2.5. Types of protective orders. The following | ||||||
23 | protective orders may be entered in conjunction with a | ||||||
24 | delinquency petition or a criminal prosecution: |
| |||||||
| |||||||
1 | (1) a domestic violence order of protection in cases | ||||||
2 | involving domestic violence; | ||||||
3 | (2) a civil no contact order in cases involving sexual | ||||||
4 | offenses; or | ||||||
5 | (3) a stalking no contact order in cases involving | ||||||
6 | stalking offenses ; or .
| ||||||
7 | (4) a sexual harassment no contact order in cases | ||||||
8 | involving sexual harassment. | ||||||
9 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
10 | (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||||||
11 | Sec. 112A-3. Definitions. | ||||||
12 | (a) In this Article: | ||||||
13 | "Advocate" means a person whose communications with the | ||||||
14 | victim are privileged under Section 8-802.1 or 8-802.2 of the | ||||||
15 | Code of Civil Procedure or Section 227 of the Illinois Domestic | ||||||
16 | Violence Act of 1986. | ||||||
17 | "Named victim" means the person named as the victim in the | ||||||
18 | delinquency petition or criminal prosecution. | ||||||
19 | "Protective order" means a domestic violence order of | ||||||
20 | protection, a civil no contact order, or a stalking no contact | ||||||
21 | order , or a sexual harassment no contact order .
| ||||||
22 | (b) For the purposes of domestic violence cases, the | ||||||
23 | following terms shall have the following meanings in this | ||||||
24 | Article: | ||||||
25 | (1) "Abuse" means physical abuse, harassment, |
| |||||||
| |||||||
1 | intimidation of a
dependent, interference with personal | ||||||
2 | liberty or willful deprivation but
does not include | ||||||
3 | reasonable direction of a minor child by a parent or
person | ||||||
4 | in loco parentis.
| ||||||
5 | (2) "Domestic violence" means abuse as described in | ||||||
6 | paragraph (1) of this subsection (b).
| ||||||
7 | (3) "Family or household members" include spouses, | ||||||
8 | former spouses,
parents, children, stepchildren, and other | ||||||
9 | persons related by blood or
by present or prior marriage, | ||||||
10 | persons who share or formerly shared a
common dwelling, | ||||||
11 | persons who have or allegedly have a child in common, | ||||||
12 | persons
who share or allegedly share a blood relationship | ||||||
13 | through a child, persons who
have or have had a dating or | ||||||
14 | engagement relationship, persons with disabilities
and | ||||||
15 | their personal assistants, and caregivers as defined in | ||||||
16 | subsection (e) of Section 12-4.4a of the Criminal Code of | ||||||
17 | 2012.
For purposes of this paragraph (3), neither a casual | ||||||
18 | acquaintanceship nor
ordinary fraternization between 2 | ||||||
19 | individuals in business or social
contexts shall be deemed | ||||||
20 | to constitute a dating relationship.
| ||||||
21 | (4) "Harassment" means knowing conduct which
is not | ||||||
22 | necessary to accomplish a purpose which is reasonable under | ||||||
23 | the
circumstances; would cause a reasonable person | ||||||
24 | emotional distress; and
does cause emotional distress to | ||||||
25 | the petitioner.
Unless the presumption is rebutted by a | ||||||
26 | preponderance of the evidence, the
following types of |
| |||||||
| |||||||
1 | conduct shall be presumed to cause emotional distress:
| ||||||
2 | (i) creating a disturbance at petitioner's place | ||||||
3 | of employment or school;
| ||||||
4 | (ii) repeatedly telephoning petitioner's place of | ||||||
5 | employment, home or
residence;
| ||||||
6 | (iii) repeatedly following petitioner about in a | ||||||
7 | public place or places;
| ||||||
8 | (iv) repeatedly keeping petitioner under | ||||||
9 | surveillance by remaining
present outside his or her | ||||||
10 | home, school, place of employment, vehicle or
other | ||||||
11 | place occupied by petitioner or by peering in | ||||||
12 | petitioner's windows;
| ||||||
13 | (v) improperly concealing a minor child from | ||||||
14 | petitioner, repeatedly
threatening to improperly | ||||||
15 | remove a minor child of petitioner's from the
| ||||||
16 | jurisdiction or from the physical care of petitioner, | ||||||
17 | repeatedly threatening to
conceal a minor child from | ||||||
18 | petitioner, or making a single such threat following
an | ||||||
19 | actual or attempted improper removal or concealment, | ||||||
20 | unless respondent was
fleeing from an incident or | ||||||
21 | pattern of domestic violence; or
| ||||||
22 | (vi) threatening physical force, confinement or | ||||||
23 | restraint on one or more
occasions.
| ||||||
24 | (5) "Interference with personal liberty" means | ||||||
25 | committing or threatening
physical abuse, harassment, | ||||||
26 | intimidation or willful deprivation so as to
compel another |
| |||||||
| |||||||
1 | to engage in conduct from which she or he has a right to
| ||||||
2 | abstain or to refrain from conduct
in which she or he has a | ||||||
3 | right to engage.
| ||||||
4 | (6) "Intimidation of a dependent" means subjecting a | ||||||
5 | person who is
dependent because of age, health, or | ||||||
6 | disability to participation in or the
witnessing of: | ||||||
7 | physical force against another or physical confinement or
| ||||||
8 | restraint of another which constitutes physical abuse as | ||||||
9 | defined in this
Article, regardless of whether the abused | ||||||
10 | person is a family or household member.
| ||||||
11 | (7) "Order of protection" or "domestic violence order | ||||||
12 | of protection" means an ex parte or final order, granted | ||||||
13 | pursuant to this Article, which includes any or all
of the | ||||||
14 | remedies authorized by Section 112A-14 of this Code.
| ||||||
15 | (8) "Petitioner" may mean not only any named petitioner | ||||||
16 | for the domestic violence order of
protection and any named | ||||||
17 | victim of abuse on whose behalf the petition
is brought, | ||||||
18 | but also any other person protected by this Article.
| ||||||
19 | (9) "Physical abuse" includes sexual abuse and means | ||||||
20 | any of the following:
| ||||||
21 | (i) knowing or reckless use of physical force, | ||||||
22 | confinement or restraint;
| ||||||
23 | (ii) knowing, repeated and unnecessary sleep | ||||||
24 | deprivation; or
| ||||||
25 | (iii) knowing or reckless conduct which creates an | ||||||
26 | immediate
risk of physical harm.
|
| |||||||
| |||||||
1 | (9.3) "Respondent" in a petition for a domestic | ||||||
2 | violence order of protection means the defendant. | ||||||
3 | (9.5) "Stay away" means for the respondent to refrain | ||||||
4 | from both physical presence and nonphysical contact with | ||||||
5 | the petitioner whether direct, indirect (including, but | ||||||
6 | not limited to, telephone calls, mail, email, faxes, and | ||||||
7 | written notes), or through third parties who may or may not | ||||||
8 | know about the domestic violence order of protection.
| ||||||
9 | (10) "Willful deprivation" means willfully wilfully | ||||||
10 | denying a person who because of
age, health or disability | ||||||
11 | requires medication, medical care, shelter,
accessible | ||||||
12 | shelter or services, food, therapeutic device, or other | ||||||
13 | physical
assistance, and thereby exposing that person to | ||||||
14 | the risk of physical, mental or
emotional harm, except with | ||||||
15 | regard to medical care and treatment when such
dependent | ||||||
16 | person has expressed the intent to forgo such medical care | ||||||
17 | or
treatment. This paragraph (10) does not create any new | ||||||
18 | affirmative duty to provide
support to dependent persons.
| ||||||
19 | (c) For the purposes of cases involving sexual offenses, | ||||||
20 | the following terms shall have the following meanings in this | ||||||
21 | Article: | ||||||
22 | (1) "Civil no contact order" means an ex parte or final | ||||||
23 | order granted under this Article, which includes a remedy | ||||||
24 | authorized by Section 112A-14.5 of this Code. | ||||||
25 | (2) "Family or household members" include spouses, | ||||||
26 | parents, children, stepchildren, and persons who share a |
| |||||||
| |||||||
1 | common dwelling. | ||||||
2 | (3) "Non-consensual" means a lack of freely given | ||||||
3 | agreement. | ||||||
4 | (4) "Petitioner" means not only any named petitioner | ||||||
5 | for the civil no contact order and any named victim of | ||||||
6 | non-consensual sexual conduct or non-consensual sexual | ||||||
7 | penetration on whose behalf the petition is brought, but | ||||||
8 | includes any other person sought to be protected under this | ||||||
9 | Article. | ||||||
10 | (5) "Respondent" in a petition for a civil no contact | ||||||
11 | order means the defendant. | ||||||
12 | (6) "Sexual conduct" means any intentional or knowing | ||||||
13 | touching or fondling by the petitioner or the respondent, | ||||||
14 | either directly or through clothing, of the sex organs, | ||||||
15 | anus, or breast of the petitioner or the respondent, or any | ||||||
16 | part of the body of a child under 13 years of age, or any | ||||||
17 | transfer or transmission of semen by the respondent upon | ||||||
18 | any part of the clothed or unclothed body of the | ||||||
19 | petitioner, for the purpose of sexual gratification or | ||||||
20 | arousal of the petitioner or the respondent. | ||||||
21 | (7) "Sexual penetration" means any contact, however | ||||||
22 | slight, between the sex organ or anus of one person by an | ||||||
23 | object, the sex organ, mouth or anus of another person, or | ||||||
24 | any intrusion, however slight, of any part of the body of | ||||||
25 | one person or of any animal or object into the sex organ or | ||||||
26 | anus of another person, including, but not limited to, |
| |||||||
| |||||||
1 | cunnilingus, fellatio, or anal penetration. Evidence of | ||||||
2 | emission of semen is not required to prove sexual | ||||||
3 | penetration. | ||||||
4 | (8) "Stay away" means to refrain from both physical | ||||||
5 | presence and nonphysical contact with the petitioner | ||||||
6 | directly, indirectly, or through third parties who may or | ||||||
7 | may not know of the order. "Nonphysical contact" includes, | ||||||
8 | but is not limited to, telephone calls, mail, email e-mail , | ||||||
9 | fax, and written notes. | ||||||
10 | (d) For the purposes of cases involving stalking offenses, | ||||||
11 | the following terms shall have the following meanings in this | ||||||
12 | Article: | ||||||
13 | (1) "Course of conduct" means 2 or more acts, | ||||||
14 | including, but not limited to, acts in which a respondent | ||||||
15 | directly, indirectly, or through third parties, by any | ||||||
16 | action, method, device, or means follows, monitors, | ||||||
17 | observes, surveils, threatens, or communicates to or | ||||||
18 | about, a person, engages in other contact, or interferes | ||||||
19 | with or damages a person's property or pet. A course of | ||||||
20 | conduct may include contact via electronic communications. | ||||||
21 | The incarceration of a person in a penal institution who | ||||||
22 | commits the course of conduct is not a bar to prosecution. | ||||||
23 | (2) "Emotional distress" means significant mental | ||||||
24 | suffering, anxiety, or alarm. | ||||||
25 | (3) "Contact" includes any contact with the victim, | ||||||
26 | that is initiated or continued without the victim's |
| |||||||
| |||||||
1 | consent, or that is in disregard of the victim's expressed | ||||||
2 | desire that the contact be avoided or discontinued, | ||||||
3 | including, but not limited to, being in the physical | ||||||
4 | presence of the victim; appearing within the sight of the | ||||||
5 | victim; approaching or confronting the victim in a public | ||||||
6 | place or on private property; appearing at the workplace or | ||||||
7 | residence of the victim; entering onto or remaining on | ||||||
8 | property owned, leased, or occupied by the victim; or | ||||||
9 | placing an object on, or delivering an object to, property | ||||||
10 | owned, leased, or occupied by the victim. | ||||||
11 | (4) "Petitioner" means any named petitioner for the | ||||||
12 | stalking no contact order or any named victim of stalking | ||||||
13 | on whose behalf the petition is brought. | ||||||
14 | (5) "Reasonable person" means a person in the | ||||||
15 | petitioner's circumstances with the petitioner's knowledge | ||||||
16 | of the respondent and the respondent's prior acts. | ||||||
17 | (6) "Respondent" in a petition for a civil no contact | ||||||
18 | order means the defendant. | ||||||
19 | (7) "Stalking" means engaging in a course of conduct | ||||||
20 | directed at a specific person, and he or she knows or | ||||||
21 | should know that this course of conduct would cause a | ||||||
22 | reasonable person to fear for his or her safety or the | ||||||
23 | safety of a third person or suffer emotional distress. | ||||||
24 | "Stalking" does not include an exercise of the right to | ||||||
25 | free speech or assembly that is otherwise lawful or | ||||||
26 | picketing occurring at the workplace that is otherwise |
| |||||||
| |||||||
1 | lawful and arises out of a bona fide labor dispute, | ||||||
2 | including any controversy concerning wages, salaries, | ||||||
3 | hours, working conditions or benefits, including health | ||||||
4 | and welfare, sick leave, insurance, and pension or | ||||||
5 | retirement provisions, the making or maintaining of | ||||||
6 | collective bargaining agreements, and the terms to be | ||||||
7 | included in those agreements. | ||||||
8 | (8) "Stalking no contact order" means an ex parte or | ||||||
9 | final order granted under this Article, which includes a | ||||||
10 | remedy authorized by Section 112A-14.7 of this Code. | ||||||
11 | (e) For the purposes of offenses involving sexual | ||||||
12 | harassment: | ||||||
13 | The following terms have the meanings provided in | ||||||
14 | Section 10 of the Sexual Harassment No Contact Order Act: | ||||||
15 | "contact", "course of conduct", "emotional distress", | ||||||
16 | "petitioner", "reasonable person", "sexual harassment", | ||||||
17 | and "sexual harassment no contact order". | ||||||
18 | "Offense involving sexual harassment" means any | ||||||
19 | violation of any the following Sections of the Criminal | ||||||
20 | Code of 2012 in which the defendant engaged in a course of | ||||||
21 | conduct directed at the victim that would cause a | ||||||
22 | reasonable person emotional distress: | ||||||
23 | (i) Section 12-1 (assault); | ||||||
24 | (ii) Section 12-2 (aggravated assault); | ||||||
25 | (iii) Section 12-3 (battery); | ||||||
26 | (iv) Section 12-3.05 (aggravated battery); |
| |||||||
| |||||||
1 | (v) Section 26-4 (unauthorized video recording or | ||||||
2 | live video transmission); | ||||||
3 | (vi) Section 26.5-1 (transmission of obscene | ||||||
4 | messages); | ||||||
5 | (vii) Section 26.5-2 (harassment by telephone); or | ||||||
6 | (viii) Section 26.5-3 (harassment through | ||||||
7 | electronic communications). | ||||||
8 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
9 | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
| ||||||
10 | Sec. 112A-4. Persons protected by this Article.
| ||||||
11 | (a) The following persons are protected by
this Article in | ||||||
12 | cases involving domestic violence:
| ||||||
13 | (1) any person abused by a family or household member;
| ||||||
14 | (2) any minor child or dependent adult in the care of
| ||||||
15 | such person;
| ||||||
16 | (3) any person residing or employed at a private home | ||||||
17 | or public
shelter which is housing an abused family or | ||||||
18 | household member; and | ||||||
19 | (4) any of the following persons if the person is | ||||||
20 | abused by a family or household member of a child: | ||||||
21 | (i) a foster parent of that child if the child has | ||||||
22 | been placed in the foster parent's home by the | ||||||
23 | Department of Children and Family Services or by | ||||||
24 | another state's public child welfare agency; | ||||||
25 | (ii) a legally appointed guardian or legally |
| |||||||
| |||||||
1 | appointed custodian of that child; | ||||||
2 | (iii) an adoptive parent of that child; or | ||||||
3 | (iv) a prospective adoptive parent of that child if | ||||||
4 | the child has been placed in the prospective adoptive | ||||||
5 | parent's home pursuant to the Adoption Act or pursuant | ||||||
6 | to another state's law. | ||||||
7 | For purposes of this paragraph (a)(4), individuals who | ||||||
8 | would have been considered "family or household members" of | ||||||
9 | the child under paragraph (3) of subsection (b) of Section | ||||||
10 | 112A-3 before a termination of the parental rights with | ||||||
11 | respect to the child continue to meet the definition of | ||||||
12 | "family or household members" of the child.
| ||||||
13 | (a-5) The following persons are protected by this Article | ||||||
14 | in cases involving sexual offenses: | ||||||
15 | (1) any victim of non-consensual sexual conduct or
| ||||||
16 | non-consensual sexual penetration on whose behalf the | ||||||
17 | petition is brought; | ||||||
18 | (2) any family or household member of the named
victim; | ||||||
19 | and | ||||||
20 | (3) any employee of or volunteer at a rape crisis | ||||||
21 | center. | ||||||
22 | (a-10) The following persons are protected by this Article | ||||||
23 | in cases involving stalking offenses: | ||||||
24 | (1) any victim of stalking; and | ||||||
25 | (2) any family or household member of the named victim. | ||||||
26 | (a-15) A victim of an offense involving sexual harassment |
| |||||||
| |||||||
1 | is protected by this Article. | ||||||
2 | (b) (Blank).
| ||||||
3 | (Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19 .)
| ||||||
4 | (725 ILCS 5/112A-4.5) | ||||||
5 | Sec. 112A-4.5. Who may file petition. | ||||||
6 | (a) A petition for a domestic violence order of protection | ||||||
7 | may be filed: | ||||||
8 | (1) by a named victim
who
has been abused by a family | ||||||
9 | or household member; | ||||||
10 | (2) by any person or by the State's Attorney on behalf
| ||||||
11 | of a named victim who is a minor child or an adult who has | ||||||
12 | been
abused by a family or household
member and who, | ||||||
13 | because of age, health, disability, or inaccessibility,
| ||||||
14 | cannot file the petition; or | ||||||
15 | (3) by a State's Attorney on behalf of any minor child | ||||||
16 | or dependent adult in the care of the named victim, if the | ||||||
17 | named victim does not file a petition or request the | ||||||
18 | State's Attorney file the petition; or | ||||||
19 | (4) (3) any of the following persons if the person is | ||||||
20 | abused by a family or household member of a child: | ||||||
21 | (i) a foster parent of that child if the child has | ||||||
22 | been placed in the foster parent's home by the | ||||||
23 | Department of Children and Family Services or by | ||||||
24 | another state's public child welfare agency; | ||||||
25 | (ii) a legally appointed guardian or legally |
| |||||||
| |||||||
1 | appointed custodian of that child; | ||||||
2 | (iii) an adoptive parent of that child; | ||||||
3 | (iv) a prospective adoptive parent of that child if | ||||||
4 | the child has been placed in the prospective adoptive | ||||||
5 | parent's home pursuant to the Adoption Act or pursuant | ||||||
6 | to another state's law. | ||||||
7 | For purposes of this paragraph (a) (4) (3) , individuals who | ||||||
8 | would have been considered "family or household members" of the | ||||||
9 | child under paragraph (3) of subsection (b) of Section 112A-3 | ||||||
10 | before a termination of the parental rights with respect to the | ||||||
11 | child continue to meet the definition of "family or household | ||||||
12 | members" of the child. | ||||||
13 | (b) A petition for a civil no contact order may be filed: | ||||||
14 | (1) by any person who is a named victim of | ||||||
15 | non-consensual
sexual conduct or non-consensual sexual | ||||||
16 | penetration, including a single incident of non-consensual | ||||||
17 | sexual conduct or non-consensual sexual penetration; | ||||||
18 | (2) by a person or by the State's Attorney on behalf of | ||||||
19 | a named victim who is a minor child or an
adult who is a | ||||||
20 | victim of non-consensual sexual conduct or non-consensual | ||||||
21 | sexual penetration but, because of age, disability, | ||||||
22 | health, or inaccessibility, cannot file the petition; or | ||||||
23 | (3) by a State's Attorney on behalf of any minor child | ||||||
24 | who is a family or household member of the named victim, if | ||||||
25 | the named victim does not file a petition or request the | ||||||
26 | State's Attorney file the petition. |
| |||||||
| |||||||
1 | (c) A petition for a stalking no contact order may be | ||||||
2 | filed: | ||||||
3 | (1) by any person who is a named victim of stalking; | ||||||
4 | (2) by a person or by the State's Attorney on behalf of | ||||||
5 | a named victim who is a minor child or an
adult who is a | ||||||
6 | victim of stalking but, because of age, disability, health, | ||||||
7 | or inaccessibility, cannot file the petition; or | ||||||
8 | (3) by a State's Attorney on behalf of any minor child | ||||||
9 | who is a family or household member of the named victim, if | ||||||
10 | the named victim does not file a petition or request the | ||||||
11 | State's Attorney file the petition. | ||||||
12 | (c-5) A petition for a sexual harassment no contact order | ||||||
13 | may be filed: | ||||||
14 | (1) by any person who is a victim of sexual harassment; | ||||||
15 | or | ||||||
16 | (2) by a person on behalf of a minor child or an adult | ||||||
17 | who is a victim of sexual harassment but, because of age, | ||||||
18 | disability, health, or inaccessibility, cannot file the | ||||||
19 | petition. | ||||||
20 | (d) The State's Attorney shall file a petition on behalf of | ||||||
21 | any person who may file a petition under subsection subsections | ||||||
22 | (a), (b), or (c) , or (c-5) of this Section if the person | ||||||
23 | requests the State's Attorney to file a petition on the | ||||||
24 | person's behalf, unless the State's Attorney has a good faith | ||||||
25 | basis to delay filing the petition. The State's Attorney shall | ||||||
26 | inform the person that the State's Attorney will not be filing |
| |||||||
| |||||||
1 | the petition at that time and that the person may file a | ||||||
2 | petition or may retain an attorney to file the petition. The | ||||||
3 | State's Attorney may file the petition at a later date. | ||||||
4 | (d-5) (1) A person eligible to file a petition under | ||||||
5 | subsection (a), (b), or (c) of this Section may retain an | ||||||
6 | attorney to represent the petitioner on the petitioner's | ||||||
7 | request for a protective order. The attorney's representation | ||||||
8 | is limited to matters related to the petition and relief | ||||||
9 | authorized under this Article. | ||||||
10 | (2) Advocates shall be allowed to accompany the petitioner | ||||||
11 | and confer with the victim, unless otherwise directed by the | ||||||
12 | court. Advocates are not engaged in the unauthorized practice | ||||||
13 | of law when providing assistance to the petitioner. | ||||||
14 | (e) Any petition properly
filed under this Article may seek
| ||||||
15 | protection for any additional persons protected by this | ||||||
16 | Article.
| ||||||
17 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18; | ||||||
18 | 100-639, eff. 1-1-19; revised 8-20-18.)
| ||||||
19 | (725 ILCS 5/112A-11.5) | ||||||
20 | Sec. 112A-11.5. Issuance of protective order. | ||||||
21 | (a) Except as provided in subsection (a-5) of this Section, | ||||||
22 | the court shall grant the petition and enter a protective order | ||||||
23 | if the court finds prima facie evidence that a crime involving | ||||||
24 | domestic violence, a sexual offense, or a crime involving | ||||||
25 | stalking , or an offense involving sexual harassment has been |
| |||||||
| |||||||
1 | committed. The following shall be considered prima facie | ||||||
2 | evidence of the offense crime : | ||||||
3 | (1) an information, complaint, indictment, or | ||||||
4 | delinquency petition, charging a crime of domestic | ||||||
5 | violence, a sexual offense, or stalking or charging an | ||||||
6 | attempt to commit a crime of domestic violence, a sexual | ||||||
7 | offense, or stalking; | ||||||
8 | (2) an adjudication of delinquency, a finding of guilt | ||||||
9 | based upon a plea, or a finding of guilt after a trial for | ||||||
10 | a crime of domestic battery, a sexual crime, or stalking or | ||||||
11 | an attempt to commit a crime of domestic violence, a sexual | ||||||
12 | offense, or stalking; | ||||||
13 | (3) any dispositional order issued under Section 5-710 | ||||||
14 | of the Juvenile Court Act of 1987, the imposition of | ||||||
15 | supervision, conditional discharge, probation, periodic | ||||||
16 | imprisonment, parole, aftercare release, or mandatory | ||||||
17 | supervised release for a crime of domestic violence, a | ||||||
18 | sexual offense, or stalking or an attempt to commit a crime | ||||||
19 | of domestic violence, a sexual offense, or stalking, or | ||||||
20 | imprisonment in conjunction with a bond forfeiture | ||||||
21 | warrant; or | ||||||
22 | (4) the entry of a protective order in a separate civil | ||||||
23 | case brought by the petitioner against the respondent. | ||||||
24 | (a-5) The respondent may rebut prima facie evidence of the | ||||||
25 | crime under paragraph (1) of subsection (a) of this Section by | ||||||
26 | presenting evidence of a meritorious defense. The respondent |
| |||||||
| |||||||
1 | shall file a written notice alleging a meritorious defense | ||||||
2 | which shall be verified and supported by affidavit. The | ||||||
3 | verified notice and affidavit shall set forth the evidence that | ||||||
4 | will be presented at a hearing. If the court finds that the | ||||||
5 | evidence presented at the hearing establishes a meritorious | ||||||
6 | defense by a preponderance of the evidence, the court may | ||||||
7 | decide not to issue a protective order. | ||||||
8 | (b) The petitioner shall not be denied a protective order | ||||||
9 | because the petitioner or the respondent is a minor. | ||||||
10 | (c) The court, when determining whether or not to issue a | ||||||
11 | protective order, may not require physical injury on the person | ||||||
12 | of the victim.
| ||||||
13 | (d) If the court issues a final protective order under this | ||||||
14 | Section, the court shall afford the petitioner and respondent | ||||||
15 | an opportunity to be heard on the remedies requested in the | ||||||
16 | petition. | ||||||
17 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| ||||||
18 | (725 ILCS 5/112A-14.8 new) | ||||||
19 | Sec. 112A-14.8. Sexual harassment no contact order; | ||||||
20 | remedies. | ||||||
21 | (a) The court may order any of the remedies listed in this | ||||||
22 | Section. The remedies listed in this Section shall be in | ||||||
23 | addition to other civil or criminal remedies available to the | ||||||
24 | petitioner. A sexual harassment no contact order shall do one | ||||||
25 | or more of the following: |
| |||||||
| |||||||
1 | (1) prohibit the respondent from continued harassment | ||||||
2 | of the petitioner; | ||||||
3 | (2) order the respondent not to have any contact with | ||||||
4 | the petitioner or a third person specifically named by the | ||||||
5 | court; | ||||||
6 | (3) prohibit the respondent from knowingly coming | ||||||
7 | within or knowingly remaining within a specified distance | ||||||
8 | of the petitioner or the petitioner's residence, school, | ||||||
9 | daycare, or place of employment, or any specified place | ||||||
10 | frequented by the petitioner; however, the court may order | ||||||
11 | the respondent to stay away from the respondent's own | ||||||
12 | residence, school, or place of employment only if the | ||||||
13 | respondent has been provided actual notice of the | ||||||
14 | opportunity to appear and be heard on the petition; | ||||||
15 | (4) if there was a threat of force with a weapon, | ||||||
16 | prohibit the respondent from possessing a Firearm Owners | ||||||
17 | Identification Card or possessing or buying a firearm; and | ||||||
18 | (5) order other injunctive relief the court determines | ||||||
19 | to be necessary to protect the petitioner or third party | ||||||
20 | specifically named by the court. | ||||||
21 | (b) If the petitioner and the respondent attend the same | ||||||
22 | public, private, or nonpublic elementary, middle, or high | ||||||
23 | school, the court, when issuing a sexual harassment no contact | ||||||
24 | order and providing relief, shall consider the severity of the | ||||||
25 | act, any continuing physical danger or emotional distress to | ||||||
26 | the petitioner, the educational rights guaranteed to the |
| |||||||
| |||||||
1 | petitioner and respondent under federal and State law, the | ||||||
2 | availability of a transfer of the respondent to another school, | ||||||
3 | a change of placement or a change of program of the respondent, | ||||||
4 | the expense, difficulty, and educational disruption that would | ||||||
5 | be caused by a transfer of the respondent to another school, | ||||||
6 | and any other relevant facts of the case. The court may order | ||||||
7 | that the respondent not attend the public, private, or | ||||||
8 | nonpublic elementary, middle, or high school attended by the | ||||||
9 | petitioner, order that the respondent accept a change of | ||||||
10 | placement or program, as determined by the school district or | ||||||
11 | private or nonpublic school, or place restrictions on the | ||||||
12 | respondent's movements within the school attended by the | ||||||
13 | petitioner. The respondent bears the burden of proving by a | ||||||
14 | preponderance of the evidence that a transfer, change of | ||||||
15 | placement, or change of program of the respondent is not | ||||||
16 | available. The respondent also bears the burden of production | ||||||
17 | with respect to the expense, difficulty, and educational | ||||||
18 | disruption that would be caused by a transfer of the respondent | ||||||
19 | to another school. A transfer, change of placement, or change | ||||||
20 | of program is not unavailable to the respondent solely on the | ||||||
21 | ground that the respondent does not agree with the school | ||||||
22 | district's or private or nonpublic school's transfer, change of | ||||||
23 | placement, or change of program or solely on the ground that | ||||||
24 | the respondent fails or refuses to consent to or otherwise does | ||||||
25 | not take an action required to effectuate a transfer, change of | ||||||
26 | placement, or change of program. If a court orders a respondent |
| |||||||
| |||||||
1 | to stay away from the public, private, or nonpublic school | ||||||
2 | attended by the petitioner and the respondent requests a | ||||||
3 | transfer to another attendance center within the respondent's | ||||||
4 | school district or private or nonpublic school, the school | ||||||
5 | district or private or nonpublic school shall have sole | ||||||
6 | discretion to determine the attendance center to which the | ||||||
7 | respondent is transferred. If the court order results in a | ||||||
8 | transfer of the minor respondent to another attendance center, | ||||||
9 | a change in the respondent's placement, or a change of the | ||||||
10 | respondent's program, the parent, guardian, or legal custodian | ||||||
11 | of the respondent is responsible for transportation and other | ||||||
12 | costs associated with the transfer or change. | ||||||
13 | (c) The court may order the parent, guardian, or legal | ||||||
14 | custodian of a minor respondent to take certain actions or to | ||||||
15 | refrain from taking certain actions to ensure that the | ||||||
16 | respondent complies with the order. If the court orders a | ||||||
17 | transfer of the respondent to another school, the parent, | ||||||
18 | guardian, or legal custodian of the respondent is responsible | ||||||
19 | for transportation and other costs associated with the change | ||||||
20 | of school by the respondent. | ||||||
21 | (d) The court shall not hold a school district or private | ||||||
22 | or nonpublic school or any of its employees in civil or | ||||||
23 | criminal contempt unless the school district or private or | ||||||
24 | nonpublic school has been allowed to intervene. | ||||||
25 | (e) The court may hold a parent, guardian, or legal | ||||||
26 | custodian of a minor respondent in civil or criminal contempt |
| |||||||
| |||||||
1 | for a violation of any provision of any order entered under | ||||||
2 | this Act for conduct of the minor respondent in violation of | ||||||
3 | this Act if the parent, guardian, or legal custodian directed, | ||||||
4 | encouraged, or assisted the respondent minor in the conduct. | ||||||
5 | (f) The court may award the petitioner costs and attorney's | ||||||
6 | fees if a sexual harassment no contact order is granted. | ||||||
7 | (g) Monetary damages are not recoverable as a remedy. | ||||||
8 | (h) If the sexual harassment no contact order prohibits the | ||||||
9 | respondent from possessing a Firearm Owner's Identification | ||||||
10 | Card or possessing or buying firearms, the court shall | ||||||
11 | confiscate the respondent's Firearm Owner's Identification | ||||||
12 | Card and immediately return the card to the Department of State | ||||||
13 | Police Firearm Owner's Identification Card Office.
| ||||||
14 | (725 ILCS 5/112A-21.8 new) | ||||||
15 | Sec. 112A-21.8. Contents of sexual harassment no contact | ||||||
16 | orders. | ||||||
17 | (a) A sexual harassment no contact order shall describe | ||||||
18 | each remedy granted by the court, in reasonable detail and not | ||||||
19 | by reference to any other document, so that the respondent may | ||||||
20 | clearly understand what he or she must do or refrain from | ||||||
21 | doing. | ||||||
22 | (b) A sexual harassment no contact order shall further | ||||||
23 | state the following: | ||||||
24 | (1) The name of each petitioner that the court finds | ||||||
25 | was the victim of sexual harassment by the respondent. |
| |||||||
| |||||||
1 | (2) The date and time the sexual harassment no contact | ||||||
2 | order was issued. | ||||||
3 | (c) A sexual harassment no contact order shall include the | ||||||
4 | following notice, printed in conspicuous type: | ||||||
5 | "An initial knowing violation of a sexual harassment no | ||||||
6 | contact order is a Class A misdemeanor. A second or subsequent | ||||||
7 | knowing violation is a Class 4 felony. | ||||||
8 | This Sexual Harassment No Contact Order is enforceable, | ||||||
9 | even without registration, in all 50 states, the District of | ||||||
10 | Columbia, tribal lands, and the U.S. territories under the | ||||||
11 | Violence Against Women Act (18 U.S.C. 2265).".
| ||||||
12 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
13 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
14 | (a) When violation is crime. A violation of any protective | ||||||
15 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
16 | shall be
enforced by a
criminal court when:
| ||||||
17 | (1) The respondent commits the crime of violation of a | ||||||
18 | domestic violence order of
protection pursuant to Section | ||||||
19 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
20 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
21 | (i) remedies described in paragraphs (1), (2), | ||||||
22 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
23 | 112A-14 of this Code,
| ||||||
24 | (ii) a remedy, which is substantially similar to | ||||||
25 | the remedies
authorized
under paragraphs (1), (2), |
| |||||||
| |||||||
1 | (3), (14), or (14.5) of subsection (b) of Section 214
| ||||||
2 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
3 | valid order of protection,
which is authorized under | ||||||
4 | the laws of another state, tribe or United States
| ||||||
5 | territory,
| ||||||
6 | (iii) or any other remedy when the act
constitutes | ||||||
7 | a crime against the protected parties as defined by the | ||||||
8 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
9 | Prosecution for a violation of a domestic violence | ||||||
10 | order of protection shall
not bar concurrent prosecution | ||||||
11 | for any other crime, including any crime
that may have been | ||||||
12 | committed at the time of the violation of the domestic | ||||||
13 | violence order
of protection; or
| ||||||
14 | (2) The respondent commits the crime of child abduction | ||||||
15 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
17 | (i) remedies described in paragraphs (5), (6), or | ||||||
18 | (8) of subsection
(b)
of
Section 112A-14 of this Code, | ||||||
19 | or
| ||||||
20 | (ii) a remedy, which is substantially similar to | ||||||
21 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
22 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
23 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
24 | domestic violence order of protection,
which is | ||||||
25 | authorized under the laws of another state, tribe or | ||||||
26 | United States
territory.
|
| |||||||
| |||||||
1 | (3) The respondent commits the crime of violation of a | ||||||
2 | civil no contact order when the respondent violates Section | ||||||
3 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
4 | violation of a civil no contact order shall not bar | ||||||
5 | concurrent prosecution for any other crime, including any | ||||||
6 | crime that may have been committed at the time of the | ||||||
7 | violation of the civil no contact order. | ||||||
8 | (4) The respondent commits the crime of violation of a | ||||||
9 | stalking no contact order when the respondent violates | ||||||
10 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
11 | for a violation of a stalking no contact order shall not | ||||||
12 | bar concurrent prosecution for any other crime, including | ||||||
13 | any crime that may have been committed at the time of the | ||||||
14 | violation of the stalking no contact order. | ||||||
15 | (5) The respondent commits the crime of violation of a | ||||||
16 | sexual harassment no contact order by violating Section 12-3.10 | ||||||
17 | of the Criminal Code of 2012. Prosecution for a violation of a | ||||||
18 | sexual harassment no contact order shall not bar concurrent | ||||||
19 | prosecution for any other crime, including any crime that may | ||||||
20 | have been committed at the time of the violation of the sexual | ||||||
21 | harassment no contact order. | ||||||
22 | (b) When violation is contempt of court. A violation of any | ||||||
23 | valid protective order, whether issued in a civil or criminal
| ||||||
24 | proceeding, may be enforced through civil or criminal contempt | ||||||
25 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
26 | regardless where the act or
acts which violated the protective |
| |||||||
| |||||||
1 | order were committed, to the extent
consistent with the venue | ||||||
2 | provisions of this Article. Nothing in this
Article shall | ||||||
3 | preclude any Illinois court from enforcing any valid protective | ||||||
4 | order issued in another state. Illinois courts may enforce | ||||||
5 | protective orders through both criminal prosecution and | ||||||
6 | contempt proceedings,
unless the action which is second in time | ||||||
7 | is barred by collateral estoppel
or the constitutional | ||||||
8 | prohibition against double jeopardy.
| ||||||
9 | (1) In a contempt proceeding where the petition for a | ||||||
10 | rule to show
cause sets forth facts evidencing an immediate | ||||||
11 | danger that the
respondent will flee the jurisdiction, | ||||||
12 | conceal a child, or inflict physical
abuse on the | ||||||
13 | petitioner or minor children or on dependent adults in
| ||||||
14 | petitioner's care, the court may order the
attachment of | ||||||
15 | the respondent without prior service of the rule to show
| ||||||
16 | cause or the petition for a rule to show cause. Bond shall | ||||||
17 | be set unless
specifically denied in writing.
| ||||||
18 | (2) A petition for a rule to show cause for violation | ||||||
19 | of a protective order shall be treated as an expedited | ||||||
20 | proceeding.
| ||||||
21 | (c) Violation of custody, allocation of parental | ||||||
22 | responsibility, or support orders. A violation of remedies
| ||||||
23 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
24 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
25 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
26 | Dissolution of Marriage Act. The court may
enforce any order |
| |||||||
| |||||||
1 | for support issued under paragraph (12) of subsection (b)
of | ||||||
2 | Section 112A-14 of this Code in the manner provided for under | ||||||
3 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
4 | Marriage Act.
| ||||||
5 | (d) Actual knowledge. A protective order may be
enforced | ||||||
6 | pursuant to this Section if the respondent violates the order
| ||||||
7 | after respondent has actual knowledge of its contents
as shown | ||||||
8 | through one of the following means:
| ||||||
9 | (1) (Blank).
| ||||||
10 | (2) (Blank).
| ||||||
11 | (3) By service of a protective order under subsection | ||||||
12 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
13 | (4) By other means demonstrating actual knowledge of | ||||||
14 | the contents of the order.
| ||||||
15 | (e) The enforcement of a protective order in civil or | ||||||
16 | criminal court
shall not be affected by either of the | ||||||
17 | following:
| ||||||
18 | (1) The existence of a separate, correlative order | ||||||
19 | entered under Section
112A-15 of this Code.
| ||||||
20 | (2) Any finding or order entered in a conjoined | ||||||
21 | criminal proceeding.
| ||||||
22 | (f) Circumstances. The court, when determining whether or | ||||||
23 | not a
violation of a protective order has occurred, shall not | ||||||
24 | require
physical manifestations of abuse on the person of the | ||||||
25 | victim.
| ||||||
26 | (g) Penalties.
|
| |||||||
| |||||||
1 | (1) Except as provided in paragraph (3) of this
| ||||||
2 | subsection (g), where the court finds the commission of a | ||||||
3 | crime or contempt of
court under subsections (a) or (b) of | ||||||
4 | this Section, the penalty shall be
the penalty that | ||||||
5 | generally applies in such criminal or contempt
| ||||||
6 | proceedings, and may include one or more of the following: | ||||||
7 | incarceration,
payment of restitution, a fine, payment of | ||||||
8 | attorneys' fees and costs, or
community service.
| ||||||
9 | (2) The court shall hear and take into account evidence | ||||||
10 | of any factors
in aggravation or mitigation before deciding | ||||||
11 | an appropriate penalty under
paragraph (1) of this | ||||||
12 | subsection (g).
| ||||||
13 | (3) To the extent permitted by law, the court is | ||||||
14 | encouraged to:
| ||||||
15 | (i) increase the penalty for the knowing violation | ||||||
16 | of
any protective order over any penalty previously | ||||||
17 | imposed by any court
for respondent's violation of any | ||||||
18 | protective order or penal statute
involving petitioner | ||||||
19 | as victim and respondent as defendant;
| ||||||
20 | (ii) impose a minimum penalty of 24 hours | ||||||
21 | imprisonment for respondent's
first violation of any | ||||||
22 | protective order; and
| ||||||
23 | (iii) impose a minimum penalty of 48 hours | ||||||
24 | imprisonment for
respondent's second or subsequent | ||||||
25 | violation of a protective order | ||||||
26 | unless the court explicitly finds that an increased penalty |
| |||||||
| |||||||
1 | or that
period of imprisonment would be manifestly unjust.
| ||||||
2 | (4) In addition to any other penalties imposed for a | ||||||
3 | violation of a protective order, a criminal court may | ||||||
4 | consider evidence of any
violations of a protective order:
| ||||||
5 | (i) to increase, revoke, or modify the bail bond on | ||||||
6 | an underlying
criminal charge pursuant to Section | ||||||
7 | 110-6 of this Code;
| ||||||
8 | (ii) to revoke or modify an order of probation, | ||||||
9 | conditional discharge, or
supervision, pursuant to | ||||||
10 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
11 | (iii) to revoke or modify a sentence of periodic | ||||||
12 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
13 | Code of Corrections.
| ||||||
14 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
15 | 100-597, eff. 6-29-18.)
| ||||||
16 | (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
| ||||||
17 | Sec. 112A-28. Data maintenance by law enforcement | ||||||
18 | agencies.
| ||||||
19 | (a) All sheriffs shall furnish to the Department of State | ||||||
20 | Police, daily, in
the form and detail the Department requires, | ||||||
21 | copies of any recorded protective orders issued by the court, | ||||||
22 | and any foreign protective orders filed by
the clerk of the | ||||||
23 | court, and transmitted to the sheriff by the clerk of the
| ||||||
24 | court. Each protective order shall be entered in the Law | ||||||
25 | Enforcement Agencies
Data System on the same day it is issued |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | by the court.
| |||||||||||||||||||||||||
2 | (b) The Department of State Police shall maintain a | |||||||||||||||||||||||||
3 | complete and systematic
record and index of all valid and | |||||||||||||||||||||||||
4 | recorded protective orders issued or
filed under this Act. The | |||||||||||||||||||||||||
5 | data shall be used to inform all dispatchers
and law | |||||||||||||||||||||||||
6 | enforcement officers at the scene of an alleged incident of | |||||||||||||||||||||||||
7 | abuse or
violation of a protective order of any recorded prior | |||||||||||||||||||||||||
8 | incident of abuse
involving the abused party and the effective | |||||||||||||||||||||||||
9 | dates and terms of any recorded
protective order.
| |||||||||||||||||||||||||
10 | (c) The data, records and transmittals required under this | |||||||||||||||||||||||||
11 | Section shall
pertain to: | |||||||||||||||||||||||||
12 | (1) any valid emergency, interim , or plenary domestic | |||||||||||||||||||||||||
13 | violence order of protection, civil no contact or stalking | |||||||||||||||||||||||||
14 | no contact order , or sexual harassment no contact order
| |||||||||||||||||||||||||
15 | issued in a civil proceeding; and | |||||||||||||||||||||||||
16 | (2) any valid ex parte or final protective order issued | |||||||||||||||||||||||||
17 | in a criminal proceeding or authorized under the laws
of | |||||||||||||||||||||||||
18 | another state, tribe, or United States territory.
| |||||||||||||||||||||||||
19 | (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
| |||||||||||||||||||||||||
20 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
21 | becoming law. | |||||||||||||||||||||||||
|