Rep. Cynthia Soto

Filed: 5/25/2012

 

 


 

 


 
09700SB1034ham004LRB097 04765 RLC 70213 a

1
AMENDMENT TO SENATE BILL 1034

2    AMENDMENT NO. ______. Amend Senate Bill 1034, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Identification Act is amended by
6adding Section 2.2 as follows:
 
7    (20 ILCS 2630/2.2 new)
8    Sec. 2.2. Notification to the Department. Upon judgment of
9conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1012-3.4, or 12-3.5 of the Criminal Code of 1961 when the
11defendant has been determined, pursuant to Section 112A-11.1,
12to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the
13circuit court clerk shall include notification and a copy of
14the written determination in a report of the conviction to the
15Department of State Police Firearm Owner's Identification Card
16Office to enable the office to perform its duties under

 

 

09700SB1034ham004- 2 -LRB097 04765 RLC 70213 a

1Sections 4 and 8 of the Firearm Owners Identification Card Act
2and to report that determination to the Federal Bureau of
3Investigation to assist the Bureau in identifying persons
4prohibited from purchasing and possessing a firearm pursuant to
5the provisions of 18 U.S.C. 922. The written determination
6described in this Section shall be included in the defendant's
7record of arrest and conviction in the manner and form
8prescribed by the Department of State Police.
 
9    Section 10. The Mental Health and Developmental
10Disabilities Code is amended by adding Section 6-103.1 as
11follows:
 
12    (405 ILCS 5/6-103.1 new)
13    Sec. 6-103.1. Adjudication as a mental defective. When a
14person has been adjudicated as a mental defective as defined in
15Section 1.1 of the Firearm Owners Identification Card Act, the
16court shall direct the circuit court clerk to immediately
17notify the Department of State Police, Firearm Owner's
18Identification (FOID) Office, in a form and manner prescribed
19by the Department of State Police, and shall forward a copy of
20the court order to the Department.
 
21    Section 15. The Firearm Owners Identification Card Act is
22amended by changing Sections 2, 4, 6, 8, 8.1, 9, 10, 11, 13.2,
23and 14 as follows:
 

 

 

09700SB1034ham004- 3 -LRB097 04765 RLC 70213 a

1    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
2    Sec. 2. Firearm Owner's Identification Card required;
3exceptions.
4    (a) (1) No person may acquire or possess any firearm, stun
5    gun, or taser within this State without having in his or
6    her possession a Firearm Owner's Identification Card
7    previously issued in his or her name by the Department of
8    State Police under the provisions of this Act.
9        (2) No person may acquire or possess firearm ammunition
10    within this State without having in his or her possession a
11    Firearm Owner's Identification Card previously issued in
12    his or her name by the Department of State Police under the
13    provisions of this Act.
14    (b) The provisions of this Section regarding the possession
15of firearms, firearm ammunition, stun guns, and tasers do not
16apply to:
17        (1) United States Marshals, while engaged in the
18    operation of their official duties;
19        (2) Members of the Armed Forces of the United States or
20    the National Guard, while engaged in the operation of their
21    official duties;
22        (3) Federal officials required to carry firearms,
23    while engaged in the operation of their official duties;
24        (4) Members of bona fide veterans organizations which
25    receive firearms directly from the armed forces of the

 

 

09700SB1034ham004- 4 -LRB097 04765 RLC 70213 a

1    United States, while using the firearms for ceremonial
2    purposes with blank ammunition;
3        (5) Nonresident hunters during hunting season, with
4    valid nonresident hunting licenses and while in an area
5    where hunting is permitted; however, at all other times and
6    in all other places these persons must have their firearms
7    unloaded and enclosed in a case;
8        (6) Those hunters exempt from obtaining a hunting
9    license who are required to submit their Firearm Owner's
10    Identification Card when hunting on Department of Natural
11    Resources owned or managed sites;
12        (7) Nonresidents while on a firing or shooting range
13    recognized by the Department of State Police; however,
14    these persons must at all other times and in all other
15    places have their firearms unloaded and enclosed in a case;
16        (8) Nonresidents while at a firearm showing or display
17    recognized by the Department of State Police; however, at
18    all other times and in all other places these persons must
19    have their firearms unloaded and enclosed in a case;
20        (9) Nonresidents whose firearms are unloaded and
21    enclosed in a case;
22        (10) Nonresidents who are currently licensed or
23    registered to possess a firearm in their resident state;
24        (11) Unemancipated minors while in the custody and
25    immediate control of their parent or legal guardian or
26    other person in loco parentis to the minor if the parent or

 

 

09700SB1034ham004- 5 -LRB097 04765 RLC 70213 a

1    legal guardian or other person in loco parentis to the
2    minor has a currently valid Firearm Owner's Identification
3    Card;
4        (12) Color guards of bona fide veterans organizations
5    or members of bona fide American Legion bands while using
6    firearms for ceremonial purposes with blank ammunition;
7        (13) Nonresident hunters whose state of residence does
8    not require them to be licensed or registered to possess a
9    firearm and only during hunting season, with valid hunting
10    licenses, while accompanied by, and using a firearm owned
11    by, a person who possesses a valid Firearm Owner's
12    Identification Card and while in an area within a
13    commercial club licensed under the Wildlife Code where
14    hunting is permitted and controlled, but in no instance
15    upon sites owned or managed by the Department of Natural
16    Resources;
17        (14) Resident hunters who are properly authorized to
18    hunt and, while accompanied by a person who possesses a
19    valid Firearm Owner's Identification Card, hunt in an area
20    within a commercial club licensed under the Wildlife Code
21    where hunting is permitted and controlled;
22        (15) A person who is otherwise eligible to obtain a
23    Firearm Owner's Identification Card under this Act and is
24    under the direct supervision of a holder of a Firearm
25    Owner's Identification Card who is 21 years of age or older
26    while the person is on a firing or shooting range or is a

 

 

09700SB1034ham004- 6 -LRB097 04765 RLC 70213 a

1    participant in a firearms safety and training course
2    recognized by a law enforcement agency or a national,
3    statewide shooting sports organization; and
4        (16) Competitive shooting athletes whose competition
5    firearms are sanctioned by the International Olympic
6    Committee, the International Paralympic Committee, the
7    International Shooting Sport Federation, or USA Shooting
8    in connection with such athletes' training for and
9    participation in shooting competitions at the 2016 Olympic
10    and Paralympic Games and sanctioned test events leading up
11    to the 2016 Olympic and Paralympic Games.
12    (c) The provisions of this Section regarding the
13acquisition and possession of firearms, firearm ammunition,
14stun guns, and tasers do not apply to law enforcement officials
15of this or any other jurisdiction, while engaged in the
16operation of their official duties.
17    (d) Any person who becomes a resident of this State, who is
18not otherwise prohibited from obtaining, possessing, or using a
19firearm or firearm ammunition, shall not be required to have a
20Firearm Owner's Identification Card to possess firearms or
21firearms ammunition until 60 calendar days after he or she
22obtains an Illinois driver's license or Illinois
23Identification Card.
24(Source: P.A. 96-7, eff. 4-3-09.)
 
25    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)

 

 

09700SB1034ham004- 7 -LRB097 04765 RLC 70213 a

1    Sec. 4. (a) Each applicant for a Firearm Owner's
2Identification Card must:
3        (1) Make application on blank forms prepared and
4    furnished at convenient locations throughout the State by
5    the Department of State Police, or by electronic means, if
6    and when made available by the Department of State Police;
7    and
8        (2) Submit evidence to the Department of State Police
9    that:
10            (i) He or she is 21 years of age or over, or if he
11        or she is under 21 years of age that he or she has the
12        written consent of his or her parent or legal guardian
13        to possess and acquire firearms and firearm ammunition
14        and that he or she has never been convicted of a
15        misdemeanor other than a traffic offense or adjudged
16        delinquent, provided, however, that such parent or
17        legal guardian is not an individual prohibited from
18        having a Firearm Owner's Identification Card and files
19        an affidavit with the Department as prescribed by the
20        Department stating that he or she is not an individual
21        prohibited from having a Card;
22            (ii) He or she has not been convicted of a felony
23        under the laws of this or any other jurisdiction;
24            (iii) He or she is not addicted to narcotics;
25            (iv) He or she has not been a patient in a mental
26        institution within the past 5 years and he or she has

 

 

09700SB1034ham004- 8 -LRB097 04765 RLC 70213 a

1        not been adjudicated as a mental defective;
2            (v) He or she is not intellectually disabled;
3            (vi) He or she is not an alien who is unlawfully
4        present in the United States under the laws of the
5        United States;
6            (vii) He or she is not subject to an existing order
7        of protection prohibiting him or her from possessing a
8        firearm;
9            (viii) He or she has not been convicted within the
10        past 5 years of battery, assault, aggravated assault,
11        violation of an order of protection, or a substantially
12        similar offense in another jurisdiction, in which a
13        firearm was used or possessed;
14            (ix) He or she has not been convicted of domestic
15        battery, aggravated domestic battery, or a
16        substantially similar offense in another jurisdiction
17        committed before, on or after January 1, 2012 (the
18        effective date of Public Act 97-158). If the applicant
19        knowingly and intelligently waives the right to have an
20        offense described in this clause (ix) tried by a jury,
21        and by guilty plea or otherwise, results in a
22        conviction for an offense in which a domestic
23        relationship is not a required element of the offense
24        but in which a determination of the applicability of 18
25        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
26        Code of Criminal Procedure of 1963, an entry by the

 

 

09700SB1034ham004- 9 -LRB097 04765 RLC 70213 a

1        court of a judgment of conviction for that offense
2        shall be grounds for denying the issuance of a Firearm
3        Owner's Identification Card under this Section this
4        amendatory Act of the 97th General Assembly;
5            (x) (Blank);
6            (xi) He or she is not an alien who has been
7        admitted to the United States under a non-immigrant
8        visa (as that term is defined in Section 101(a)(26) of
9        the Immigration and Nationality Act (8 U.S.C.
10        1101(a)(26))), or that he or she is an alien who has
11        been lawfully admitted to the United States under a
12        non-immigrant visa if that alien is:
13                (1) admitted to the United States for lawful
14            hunting or sporting purposes;
15                (2) an official representative of a foreign
16            government who is:
17                    (A) accredited to the United States
18                Government or the Government's mission to an
19                international organization having its
20                headquarters in the United States; or
21                    (B) en route to or from another country to
22                which that alien is accredited;
23                (3) an official of a foreign government or
24            distinguished foreign visitor who has been so
25            designated by the Department of State;
26                (4) a foreign law enforcement officer of a

 

 

09700SB1034ham004- 10 -LRB097 04765 RLC 70213 a

1            friendly foreign government entering the United
2            States on official business; or
3                (5) one who has received a waiver from the
4            Attorney General of the United States pursuant to
5            18 U.S.C. 922(y)(3);
6            (xii) He or she is not a minor subject to a
7        petition filed under Section 5-520 of the Juvenile
8        Court Act of 1987 alleging that the minor is a
9        delinquent minor for the commission of an offense that
10        if committed by an adult would be a felony; and
11            (xiii) He or she is not an adult who had been
12        adjudicated a delinquent minor under the Juvenile
13        Court Act of 1987 for the commission of an offense that
14        if committed by an adult would be a felony; and
15            (xiv) He or she is a resident of the State of
16        Illinois; and
17        (3) Upon request by the Department of State Police,
18    sign a release on a form prescribed by the Department of
19    State Police waiving any right to confidentiality and
20    requesting the disclosure to the Department of State Police
21    of limited mental health institution admission information
22    from another state, the District of Columbia, any other
23    territory of the United States, or a foreign nation
24    concerning the applicant for the sole purpose of
25    determining whether the applicant is or was a patient in a
26    mental health institution and disqualified because of that

 

 

09700SB1034ham004- 11 -LRB097 04765 RLC 70213 a

1    status from receiving a Firearm Owner's Identification
2    Card. No mental health care or treatment records may be
3    requested. The information received shall be destroyed
4    within one year of receipt.
5    (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Department
7of State Police either his or her Illinois driver's license
8number or Illinois Identification Card number, except as
9provided in subsection (a-10).
10    (a-10) Each applicant for a Firearm Owner's Identification
11Card, who is employed as a law enforcement officer, an armed
12security officer in Illinois, or by the United States Military
13permanently assigned in Illinois at a nuclear energy, storage,
14weapons, or development facility regulated by the Nuclear
15Regulatory Commission and who is not an Illinois resident,
16shall furnish to the Department of State Police his or her
17driver's license number or state identification card number
18from his or her state of residence. The Department of State
19Police may promulgate rules to enforce the provisions of this
20subsection (a-10).
21    (a-15) If an applicant applying for a Firearm Owner's
22Identification Card moves from the residence address named in
23the application, he or she shall immediately notify in a form
24and manner prescribed by the Department of State Police of that
25change of address.
26    (a-20) Each applicant for a Firearm Owner's Identification

 

 

09700SB1034ham004- 12 -LRB097 04765 RLC 70213 a

1Card shall furnish to the Department of State Police his or her
2photograph. An applicant who is 21 years of age or older
3seeking a religious exemption to the photograph requirement
4must furnish with the application an approved copy of United
5States Department of the Treasury Internal Revenue Service Form
64029. In lieu of a photograph, an applicant regardless of age
7seeking a religious exemption to the photograph requirement
8shall submit fingerprints on a form and manner prescribed by
9the Department with his or her application.
10    (b) Each application form shall include the following
11statement printed in bold type: "Warning: Entering false
12information on an application for a Firearm Owner's
13Identification Card is punishable as a Class 2 felony in
14accordance with subsection (d-5) of Section 14 of the Firearm
15Owners Identification Card Act.".
16    (c) Upon such written consent, pursuant to Section 4,
17paragraph (a)(2)(i), the parent or legal guardian giving the
18consent shall be liable for any damages resulting from the
19applicant's use of firearms or firearm ammunition.
20(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
2110-4-11.)
 
22    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
23    Sec. 6. Contents of Firearm Owner's Identification Card.
24    (a) A Firearm Owner's Identification Card, issued by the
25Department of State Police at such places as the Director of

 

 

09700SB1034ham004- 13 -LRB097 04765 RLC 70213 a

1the Department shall specify, shall contain the applicant's
2name, residence, date of birth, sex, physical description,
3recent photograph, except as provided in subsection (c-5), and
4signature. Each Firearm Owner's Identification Card must have
5the expiration date boldly and conspicuously displayed on the
6face of the card. Each Firearm Owner's Identification Card must
7have printed on it the following: "CAUTION - This card does not
8permit bearer to UNLAWFULLY carry or use firearms." Before
9December 1, 2002, the Department may use a person's digital
10photograph and signature from his or her Illinois driver's
11license or Illinois Identification Card, if available. On and
12after December 1, 2002, the Department shall use a person's
13digital photograph and signature from his or her Illinois
14driver's license or Illinois Identification Card, if
15available. The Department shall decline to use a person's
16digital photograph or signature if the digital photograph or
17signature is the result of or associated with fraudulent or
18erroneous data, unless otherwise provided by law.
19    (b) A person applying for a Firearm Owner's Identification
20Card shall consent to the Department of State Police using the
21applicant's digital driver's license or Illinois
22Identification Card photograph, if available, and signature on
23the applicant's Firearm Owner's Identification Card. The
24Secretary of State shall allow the Department of State Police
25access to the photograph and signature for the purpose of
26identifying the applicant and issuing to the applicant a

 

 

09700SB1034ham004- 14 -LRB097 04765 RLC 70213 a

1Firearm Owner's Identification Card.
2    (c) The Secretary of State shall conduct a study to
3determine the cost and feasibility of creating a method of
4adding an identifiable code, background, or other means on the
5driver's license or Illinois Identification Card to show that
6an individual is not disqualified from owning or possessing a
7firearm under State or federal law. The Secretary shall report
8the findings of this study 12 months after the effective date
9of this amendatory Act of the 92nd General Assembly.
10    (c-5) If a person qualifies for a photograph exemption, in
11lieu of a photograph, the Firearm Owner's Identification Card
12shall contain a copy of the card holder's fingerprints. Each
13Firearm Owner's Identification Card described in this
14subsection (c-5) must have printed on it the following: "This
15card is only valid for firearm purchases through a federally
16licensed firearms dealer when presented with photographic
17identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
18(Source: P.A. 91-694, eff. 4-13-00; 92-442, eff. 8-17-01.)
 
19    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
20    Sec. 8. The Department of State Police has authority to
21deny an application for or to revoke and seize a Firearm
22Owner's Identification Card previously issued under this Act
23only if the Department finds that the applicant or the person
24to whom such card was issued is or was at the time of issuance:
25    (a) A person under 21 years of age who has been convicted

 

 

09700SB1034ham004- 15 -LRB097 04765 RLC 70213 a

1of a misdemeanor other than a traffic offense or adjudged
2delinquent;
3    (b) A person under 21 years of age who does not have the
4written consent of his parent or guardian to acquire and
5possess firearms and firearm ammunition, or whose parent or
6guardian has revoked such written consent, or where such parent
7or guardian does not qualify to have a Firearm Owner's
8Identification Card;
9    (c) A person convicted of a felony under the laws of this
10or any other jurisdiction;
11    (d) A person addicted to narcotics;
12    (e) A person who has been a patient of a mental institution
13within the past 5 years or has been adjudicated as a mental
14defective;
15    (f) A person whose mental condition is of such a nature
16that it poses a clear and present danger to the applicant, any
17other person or persons or the community;
18    For the purposes of this Section, "mental condition" means
19a state of mind manifested by violent, suicidal, threatening or
20assaultive behavior.
21    (g) A person who is intellectually disabled;
22    (h) A person who intentionally makes a false statement in
23the Firearm Owner's Identification Card application;
24    (i) An alien who is unlawfully present in the United States
25under the laws of the United States;
26    (i-5) An alien who has been admitted to the United States

 

 

09700SB1034ham004- 16 -LRB097 04765 RLC 70213 a

1under a non-immigrant visa (as that term is defined in Section
2101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
31101(a)(26))), except that this subsection (i-5) does not apply
4to any alien who has been lawfully admitted to the United
5States under a non-immigrant visa if that alien is:
6        (1) admitted to the United States for lawful hunting or
7    sporting purposes;
8        (2) an official representative of a foreign government
9    who is:
10            (A) accredited to the United States Government or
11        the Government's mission to an international
12        organization having its headquarters in the United
13        States; or
14            (B) en route to or from another country to which
15        that alien is accredited;
16        (3) an official of a foreign government or
17    distinguished foreign visitor who has been so designated by
18    the Department of State;
19        (4) a foreign law enforcement officer of a friendly
20    foreign government entering the United States on official
21    business; or
22        (5) one who has received a waiver from the Attorney
23    General of the United States pursuant to 18 U.S.C.
24    922(y)(3);
25    (j) (Blank);
26    (k) A person who has been convicted within the past 5 years

 

 

09700SB1034ham004- 17 -LRB097 04765 RLC 70213 a

1of battery, assault, aggravated assault, violation of an order
2of protection, or a substantially similar offense in another
3jurisdiction, in which a firearm was used or possessed;
4    (l) A person who has been convicted of domestic battery,
5aggravated domestic battery, or a substantially similar
6offense in another jurisdiction committed before, on or after
7January 1, 2012 (the effective date of Public Act 97-158). If
8the applicant or person who has been previously issued a
9Firearm Owner's Identification Card under this Act knowingly
10and intelligently waives the right to have an offense described
11in this paragraph (l) tried by a jury, and by guilty plea or
12otherwise, results in a conviction for an offense in which a
13domestic relationship is not a required element of the offense
14but in which a determination of the applicability of 18 U.S.C.
15922(g)(9) is made under Section 112A-11.1 of the Code of
16Criminal Procedure of 1963, an entry by the court of a judgment
17of conviction for that offense shall be grounds for denying an
18application for and for revoking and seizing a Firearm Owner's
19Identification Card previously issued to the person under this
20Act this amendatory Act of the 97th General Assembly;
21    (m) (Blank);
22    (n) A person who is prohibited from acquiring or possessing
23firearms or firearm ammunition by any Illinois State statute or
24by federal law;
25    (o) A minor subject to a petition filed under Section 5-520
26of the Juvenile Court Act of 1987 alleging that the minor is a

 

 

09700SB1034ham004- 18 -LRB097 04765 RLC 70213 a

1delinquent minor for the commission of an offense that if
2committed by an adult would be a felony; or
3    (p) An adult who had been adjudicated a delinquent minor
4under the Juvenile Court Act of 1987 for the commission of an
5offense that if committed by an adult would be a felony; or .
6    (q) A person who is not a resident of the State of
7Illinois, except as provided in subsection (a-10) of Section 4.
8(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
9eff. 1-1-12; revised 10-4-11.)
 
10    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
11    Sec. 8.1. Circuit Clerk to notify Department of State
12Police.
13    (a) The Circuit Clerk shall, in the form and manner
14required by the Supreme Court, notify the Department of State
15Police of all final dispositions of cases for which the
16Department has received information reported to it under
17Sections Section 2.1 and 2.2 of the Criminal Identification
18Act.
19    (b) Upon adjudication of any individual as a mental
20defective, as defined in Section 1.1 or as provided in
21paragraph (3.5) of subsection (c) of Section 104-26 of the Code
22of Criminal Procedure of 1963, the court shall direct the
23circuit court clerk to immediately notify the Department of
24State Police, Firearm Owner's Identification (FOID)
25department, and shall forward a copy of the court order to the

 

 

09700SB1034ham004- 19 -LRB097 04765 RLC 70213 a

1Department.
2(Source: P.A. 95-581, eff. 6-1-08.)
 
3    (430 ILCS 65/9)  (from Ch. 38, par. 83-9)
4    Sec. 9. Every person whose application for a Firearm
5Owner's Identification Card is denied, and every holder of such
6a Card whose before his Card is revoked or seized, shall
7receive a written notice from the Department of State Police
8stating specifically the grounds upon which his application has
9been denied or upon which his Identification Card has been
10revoked.
11(Source: P.A. 84-25.)
 
12    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
13    Sec. 10. Appeal to director; hearing; relief from firearm
14prohibitions.
15    (a) Whenever an application for a Firearm Owner's
16Identification Card is denied, whenever the Department fails to
17act on an application within 30 days of its receipt, or
18whenever such a Card is revoked or seized as provided for in
19Section 8 of this Act, the aggrieved party may appeal to the
20Director of the Department of State Police for a hearing upon
21such denial, revocation or seizure, unless the denial,
22revocation, or seizure was based upon a forcible felony,
23stalking, aggravated stalking, domestic battery, any violation
24of the Illinois Controlled Substances Act, the Methamphetamine

 

 

09700SB1034ham004- 20 -LRB097 04765 RLC 70213 a

1Control and Community Protection Act, or the Cannabis Control
2Act that is classified as a Class 2 or greater felony, any
3felony violation of Article 24 of the Criminal Code of 1961, or
4any adjudication as a delinquent minor for the commission of an
5offense that if committed by an adult would be a felony, in
6which case the aggrieved party may petition the circuit court
7in writing in the county of his or her residence for a hearing
8upon such denial, revocation, or seizure.
9    (b) At least 30 days before any hearing in the circuit
10court, the petitioner shall serve the relevant State's Attorney
11with a copy of the petition. The State's Attorney may object to
12the petition and present evidence. At the hearing the court
13shall determine whether substantial justice has been done.
14Should the court determine that substantial justice has not
15been done, the court shall issue an order directing the
16Department of State Police to issue a Card. However, the court
17shall not issue the order if the petitioner is otherwise
18prohibited from obtaining, possessing, or using a firearm under
19federal law.
20    (c) Any person prohibited from possessing a firearm under
21Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961 or
22acquiring a Firearm Owner's Identification Card under Section 8
23of this Act may apply to the Director of the Department of
24State Police or petition the circuit court in the county where
25the petitioner resides, whichever is applicable in accordance
26with subsection (a) of this Section, requesting relief from

 

 

09700SB1034ham004- 21 -LRB097 04765 RLC 70213 a

1such prohibition and the Director or court may grant such
2relief if it is established by the applicant to the court's or
3Director's satisfaction that:
4        (0.05) when in the circuit court, the State's Attorney
5    has been served with a written copy of the petition at
6    least 30 days before any such hearing in the circuit court
7    and at the hearing the State's Attorney was afforded an
8    opportunity to present evidence and object to the petition;
9        (1) the applicant has not been convicted of a forcible
10    felony under the laws of this State or any other
11    jurisdiction within 20 years of the applicant's
12    application for a Firearm Owner's Identification Card, or
13    at least 20 years have passed since the end of any period
14    of imprisonment imposed in relation to that conviction;
15        (2) the circumstances regarding a criminal conviction,
16    where applicable, the applicant's criminal history and his
17    reputation are such that the applicant will not be likely
18    to act in a manner dangerous to public safety; and
19        (3) granting relief would not be contrary to the public
20    interest; and
21        (4) granting relief would not be contrary to federal
22    law.
23        
24    (d) When a minor is adjudicated delinquent for an offense
25which if committed by an adult would be a felony, the court
26shall notify the Department of State Police.

 

 

09700SB1034ham004- 22 -LRB097 04765 RLC 70213 a

1    (e) The court shall review the denial of an application or
2the revocation of a Firearm Owner's Identification Card of a
3person who has been adjudicated delinquent for an offense that
4if committed by an adult would be a felony if an application
5for relief has been filed at least 10 years after the
6adjudication of delinquency and the court determines that the
7applicant should be granted relief from disability to obtain a
8Firearm Owner's Identification Card. If the court grants
9relief, the court shall notify the Department of State Police
10that the disability has been removed and that the applicant is
11eligible to obtain a Firearm Owner's Identification Card.
12    (f) Any person who is subject to the disabilities of 18
13U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
14of 1968 because of an adjudication or commitment that occurred
15under the laws of this State or who was determined to be
16subject to the provisions of subsections (e), (f), or (g) of
17Section 8 of this Act may apply to the Department of State
18Police requesting relief from that prohibition. The Director
19shall grant the relief if it is established by a preponderance
20of the evidence that the person will not be likely to act in a
21manner dangerous to public safety and that granting relief
22would not be contrary to the public interest. In making this
23determination, the Director shall receive evidence concerning
24(i) the circumstances regarding the firearms disabilities from
25which relief is sought; (ii) the petitioner's mental health and
26criminal history records, if any; (iii) the petitioner's

 

 

09700SB1034ham004- 23 -LRB097 04765 RLC 70213 a

1reputation, developed at a minimum through character witness
2statements, testimony, or other character evidence; and (iv)
3changes in the petitioner's condition or circumstances since
4the disqualifying events relevant to the relief sought. If
5relief is granted under this subsection or by order of a court
6under this Section, the Director shall as soon as practicable
7but in no case later than 15 business days, update, correct,
8modify, or remove the person's record in any database that the
9Department of State Police makes available to the National
10Instant Criminal Background Check System and notify the United
11States Attorney General that the basis for the record being
12made available no longer applies. The Department of State
13Police shall adopt rules for the administration of this
14subsection (f). Any person who is prohibited from possessing a
15firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal
16Gun Control Act of 1968 may apply to the Department of State
17Police requesting relief from such prohibition and the Director
18shall grant such relief if it is established to the Director's
19satisfaction that the person will not be likely to act in a
20manner dangerous to public safety and granting relief would not
21be contrary to the public interest.
22(Source: P.A. 96-1368, eff. 7-28-10.)
 
23    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
24    Sec. 11. Judicial review of final administrative
25decisions.

 

 

09700SB1034ham004- 24 -LRB097 04765 RLC 70213 a

1    (a) All final administrative decisions of the Department
2under this Act, except final administrative decisions of the
3Director of State Police to deny a person's application for
4relief under subsection (f) of Section 10 of this Act, shall be
5subject to judicial review under the provisions of the
6Administrative Review Law, and all amendments and
7modifications thereof, and the rules adopted pursuant thereto.
8The term "administrative decision" is defined as in Section
93-101 of the Code of Civil Procedure.
10    (b) Any final administrative decision by the Director of
11State Police to deny a person's application for relief under
12subsection (f) of Section 10 of this Act is subject to de novo
13judicial review by the circuit court, and any party may offer
14evidence that is otherwise proper and admissible without regard
15to whether that evidence is part of the administrative record.
16    (c) The Director of State Police shall submit a report to
17the General Assembly on March 1 of each year, beginning March
181, 1991, listing all final decisions by a court of this State
19upholding, reversing, or reversing in part any administrative
20decision made by the Department of State Police.
21(Source: P.A. 86-882.)
 
22    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
23    Sec. 13.2. The Department of State Police shall, 60 days
24prior to the expiration of a Firearm Owner's Identification
25Card, forward by first class mail to each person whose card is

 

 

09700SB1034ham004- 25 -LRB097 04765 RLC 70213 a

1to expire a notification of the expiration of the card and an
2application which may be used to apply for renewal of the card.
3It is the obligation of the holder of a Firearm Owner's
4Identification Card to notify the Department of State Police of
5any address change since the issuance of the Firearm Owner's
6Identification Card. Whenever any person moves from the
7residence address named on his or her card the person shall
8within 21 calendar days thereafter notify in a form and manner
9prescribed by the Department of his or her old and new
10residence addresses and the card number held by him or her. Any
11person whose legal name has changed from the name on the card
12that he or she has been previously issued must apply for a
13corrected card within 30 calendar days after the change. The
14cost for a corrected card shall be $5 which shall be deposited
15into the Firearm Owner's Notification Fund.
16(Source: P.A. 91-690, eff. 4-13-00.)
 
17    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
18    Sec. 14. Sentence.
19    (a) Except as provided in subsection (a-5), a A violation
20of paragraph (1) of subsection (a) of Section 2, when the
21person's Firearm Owner's Identification Card is expired but the
22person is not otherwise disqualified from renewing the card, is
23a Class A misdemeanor.
24    (a-5) A violation of paragraph (1) of subsection (a) of
25Section 2, when the person's Firearm Owner's Identification

 

 

09700SB1034ham004- 26 -LRB097 04765 RLC 70213 a

1Card is expired but the person is not otherwise disqualified
2from owning, purchasing, or possessing firearms, is a petty
3offense if the card was expired for 6 months or less from the
4date of expiration.
5    (b) Except as provided in subsection (a) with respect to an
6expired card, a violation of paragraph (1) of subsection (a) of
7Section 2 is a Class A misdemeanor when the person does not
8possess a currently valid Firearm Owner's Identification Card,
9but is otherwise eligible under this Act. A second or
10subsequent violation is a Class 4 felony.
11    (c) A violation of paragraph (1) of subsection (a) of
12Section 2 is a Class 3 felony when:
13        (1) the person's Firearm Owner's Identification Card
14    is revoked or subject to revocation under Section 8; or
15        (2) the person's Firearm Owner's Identification Card
16    is expired and not otherwise eligible for renewal under
17    this Act; or
18        (3) the person does not possess a currently valid
19    Firearm Owner's Identification Card, and the person is not
20    otherwise eligible under this Act.
21    (d) A violation of subsection (a) of Section 3 is a Class 4
22felony. A third or subsequent conviction is a Class 1 felony.
23    (d-5) Any person who knowingly enters false information on
24an application for a Firearm Owner's Identification Card, who
25knowingly gives a false answer to any question on the
26application, or who knowingly submits false evidence in

 

 

09700SB1034ham004- 27 -LRB097 04765 RLC 70213 a

1connection with an application is guilty of a Class 2 felony.
2    (e) Except as provided by Section 6.1 of this Act, any
3other violation of this Act is a Class A misdemeanor.
4(Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02;
592-442, eff. 8-17-01; 92-651, eff. 7-11-02.)
 
6    Section 20. The Code of Criminal Procedure of 1963 is
7amended by changing Sections 104-26 and 112A-14 and adding
8Sections 112A-11.1 and 112A-11.2 as follows:
 
9    (725 ILCS 5/104-26)  (from Ch. 38, par. 104-26)
10    Sec. 104-26. Disposition of Defendants suffering
11disabilities.
12    (a) A defendant convicted following a trial conducted under
13the provisions of Section 104-22 shall not be sentenced before
14a written presentence report of investigation is presented to
15and considered by the court. The presentence report shall be
16prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of the
17Unified Code of Corrections, as now or hereafter amended, and
18shall include a physical and mental examination unless the
19court finds that the reports of prior physical and mental
20examinations conducted pursuant to this Article are adequate
21and recent enough so that additional examinations would be
22unnecessary.
23    (b) A defendant convicted following a trial under Section
24104-22 shall not be subject to the death penalty.

 

 

09700SB1034ham004- 28 -LRB097 04765 RLC 70213 a

1    (c) A defendant convicted following a trial under Section
2104-22 shall be sentenced according to the procedures and
3dispositions authorized under the Unified Code of Corrections,
4as now or hereafter amended, subject to the following
5provisions:
6        (1) The court shall not impose a sentence of
7    imprisonment upon the offender if the court believes that
8    because of his disability a sentence of imprisonment would
9    not serve the ends of justice and the interests of society
10    and the offender or that because of his disability a
11    sentence of imprisonment would subject the offender to
12    excessive hardship. In addition to any other conditions of
13    a sentence of conditional discharge or probation the court
14    may require that the offender undergo treatment
15    appropriate to his mental or physical condition.
16        (2) After imposing a sentence of imprisonment upon an
17    offender who has a mental disability, the court may remand
18    him to the custody of the Department of Human Services and
19    order a hearing to be conducted pursuant to the provisions
20    of the Mental Health and Developmental Disabilities Code,
21    as now or hereafter amended. If the offender is committed
22    following such hearing, he shall be treated in the same
23    manner as any other civilly committed patient for all
24    purposes except as provided in this Section. If the
25    defendant is not committed pursuant to such hearing, he
26    shall be remanded to the sentencing court for disposition

 

 

09700SB1034ham004- 29 -LRB097 04765 RLC 70213 a

1    according to the sentence imposed.
2        (3) If the court imposes a sentence of imprisonment
3    upon an offender who has a mental disability but does not
4    proceed under subparagraph (2) of paragraph (c) of this
5    Section, it shall order the Department of Corrections to
6    proceed pursuant to Section 3-8-5 of the Unified Code of
7    Corrections, as now or hereafter amended.
8        (3.5) If the court imposes a sentence of imprisonment
9    upon an offender who has a mental disability, the court
10    shall direct the circuit court clerk to immediately notify
11    the Department of State Police, Firearm Owner's
12    Identification (FOID) Office, in a form and manner
13    prescribed by the Department of State Police and shall
14    forward a copy of the court order to the Department.
15        (4) If the court imposes a sentence of imprisonment
16    upon an offender who has a physical disability, it may
17    authorize the Department of Corrections to place the
18    offender in a public or private facility which is able to
19    provide care or treatment for the offender's disability and
20    which agrees to do so.
21        (5) When an offender is placed with the Department of
22    Human Services or another facility pursuant to
23    subparagraph (2) or (4) of this paragraph (c), the
24    Department or private facility shall not discharge or allow
25    the offender to be at large in the community without prior
26    approval of the court. If the defendant is placed in the

 

 

09700SB1034ham004- 30 -LRB097 04765 RLC 70213 a

1    custody of the Department of Human Services, the defendant
2    shall be placed in a secure setting unless the court
3    determines that there are compelling reasons why such
4    placement is not necessary. The offender shall accrue good
5    time and shall be eligible for parole in the same manner as
6    if he were serving his sentence within the Department of
7    Corrections. When the offender no longer requires
8    hospitalization, care, or treatment, the Department of
9    Human Services or the facility shall transfer him, if his
10    sentence has not expired, to the Department of Corrections.
11    If an offender is transferred to the Department of
12    Corrections, the Department of Human Services shall
13    transfer to the Department of Corrections all related
14    records pertaining to length of custody and treatment
15    services provided during the time the offender was held.
16        (6) The Department of Corrections shall notify the
17    Department of Human Services or a facility in which an
18    offender has been placed pursuant to subparagraph (2) or
19    (4) of paragraph (c) of this Section of the expiration of
20    his sentence. Thereafter, an offender in the Department of
21    Human Services shall continue to be treated pursuant to his
22    commitment order and shall be considered a civilly
23    committed patient for all purposes including discharge. An
24    offender who is in a facility pursuant to subparagraph (4)
25    of paragraph (c) of this Section shall be informed by the
26    facility of the expiration of his sentence, and shall

 

 

09700SB1034ham004- 31 -LRB097 04765 RLC 70213 a

1    either consent to the continuation of his care or treatment
2    by the facility or shall be discharged.
3(Source: P.A. 89-507, eff. 7-1-97.)
 
4    (725 ILCS 5/112A-11.1 new)
5    Sec. 112A-11.1. Procedure for determining whether certain
6misdemeanor crimes are crimes of domestic violence for purposes
7of federal law.
8    (a) When a defendant has been charged with a violation of
9Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
10Criminal Code of 1961, the State may, at arraignment or no
11later than 45 days after arraignment, for the purpose of
12notification to the Department of State Police Firearm Owner's
13Identification Card Office, serve on the defendant and file
14with the court a notice alleging that conviction of the offense
15would subject the defendant to the prohibitions of 18 U.S.C.
16922(g)(9) because of the relationship between the defendant and
17the alleged victim and the nature of the alleged offense.
18    (b) The notice shall include the name of the person alleged
19to be the victim of the crime and shall specify the nature of
20the alleged relationship as set forth in 18 U.S.C.
21921(a)(33)(A)(ii). It shall also specify the element of the
22charged offense which requires the use or attempted use of
23physical force, or the threatened use of a deadly weapon, as
24set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
25notice that the defendant is entitled to a hearing on the

 

 

09700SB1034ham004- 32 -LRB097 04765 RLC 70213 a

1allegation contained in the notice and that if the allegation
2is sustained, that determination and conviction shall be
3reported to the Department of State Police Firearm Owner's
4Identification Card Office.
5    (c) After having been notified as provided in subsection
6(b) of this Section, the defendant may stipulate or admit,
7orally on the record or in writing, that conviction of the
8offense would subject the defendant to the prohibitions of 18
9U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
10922(g)(9) shall be deemed established for purposes of Section
11112A-11.2. If the defendant denies the applicability of 18
12U.S.C. 922(g)(9) as alleged in the notice served by the State,
13or stands mute with respect to that allegation, then the State
14shall bear the burden to prove beyond a reasonable doubt that
15the offense is one to which the prohibitions of 18 U.S.C.
16922(g)(9) apply. The court may consider reliable hearsay
17evidence submitted by either party provided that it is relevant
18to the determination of the allegation. Facts previously proven
19at trial or elicited at the time of entry of a plea of guilty
20shall be deemed established beyond a reasonable doubt and shall
21not be relitigated. At the conclusion of the hearing, or upon a
22stipulation or admission, as applicable, the court shall make a
23specific written determination with respect to the allegation.
 
24    (725 ILCS 5/112A-11.2 new)
25    Sec. 112A-11.2. Notification to the Department of State

 

 

09700SB1034ham004- 33 -LRB097 04765 RLC 70213 a

1Police Firearm Owner's Identification Card Office of
2determinations in certain misdemeanor cases. Upon judgment of
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
412-3.4, or 12-3.5 of the Criminal Code of 1961 when the
5defendant has been determined, under Section 112A-11.1, to be
6subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit
7court clerk shall include notification and a copy of the
8written determination in a report of the conviction to the
9Department of State Police Firearm Owner's Identification Card
10Office to enable the office to report that determination to the
11Federal Bureau of Investigation and assist the Bureau in
12identifying persons prohibited from purchasing and possessing
13a firearm pursuant to the provisions of 18 U.S.C. 922.
 
14    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
15    Sec. 112A-14. Order of protection; remedies.
16    (a) Issuance of order. If the court finds that petitioner
17has been abused by a family or household member, as defined in
18this Article, an order of protection prohibiting such abuse
19shall issue; provided that petitioner must also satisfy the
20requirements of one of the following Sections, as appropriate:
21Section 112A-17 on emergency orders, Section 112A-18 on interim
22orders, or Section 112A-19 on plenary orders. Petitioner shall
23not be denied an order of protection because petitioner or
24respondent is a minor. The court, when determining whether or
25not to issue an order of protection, shall not require physical

 

 

09700SB1034ham004- 34 -LRB097 04765 RLC 70213 a

1manifestations of abuse on the person of the victim.
2Modification and extension of prior orders of protection shall
3be in accordance with this Article.
4    (b) Remedies and standards. The remedies to be included in
5an order of protection shall be determined in accordance with
6this Section and one of the following Sections, as appropriate:
7Section 112A-17 on emergency orders, Section 112A-18 on interim
8orders, and Section 112A-19 on plenary orders. The remedies
9listed in this subsection shall be in addition to other civil
10or criminal remedies available to petitioner.
11        (1) Prohibition of abuse. Prohibit respondent's
12    harassment, interference with personal liberty,
13    intimidation of a dependent, physical abuse or willful
14    deprivation, as defined in this Article, if such abuse has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in Section 701 of the
25    Illinois Marriage and Dissolution of Marriage Act.
26            (A) Right to occupancy. A party has a right to

 

 

09700SB1034ham004- 35 -LRB097 04765 RLC 70213 a

1        occupancy of a residence or household if it is solely
2        or jointly owned or leased by that party, that party's
3        spouse, a person with a legal duty to support that
4        party or a minor child in that party's care, or by any
5        person or entity other than the opposing party that
6        authorizes that party's occupancy (e.g., a domestic
7        violence shelter). Standards set forth in subparagraph
8        (B) shall not preclude equitable relief.
9            (B) Presumption of hardships. If petitioner and
10        respondent each has the right to occupancy of a
11        residence or household, the court shall balance (i) the
12        hardships to respondent and any minor child or
13        dependent adult in respondent's care resulting from
14        entry of this remedy with (ii) the hardships to
15        petitioner and any minor child or dependent adult in
16        petitioner's care resulting from continued exposure to
17        the risk of abuse (should petitioner remain at the
18        residence or household) or from loss of possession of
19        the residence or household (should petitioner leave to
20        avoid the risk of abuse). When determining the balance
21        of hardships, the court shall also take into account
22        the accessibility of the residence or household.
23        Hardships need not be balanced if respondent does not
24        have a right to occupancy.
25            The balance of hardships is presumed to favor
26        possession by petitioner unless the presumption is

 

 

09700SB1034ham004- 36 -LRB097 04765 RLC 70213 a

1        rebutted by a preponderance of the evidence, showing
2        that the hardships to respondent substantially
3        outweigh the hardships to petitioner and any minor
4        child or dependent adult in petitioner's care. The
5        court, on the request of petitioner or on its own
6        motion, may order respondent to provide suitable,
7        accessible, alternate housing for petitioner instead
8        of excluding respondent from a mutual residence or
9        household.
10        (3) Stay away order and additional prohibitions. Order
11    respondent to stay away from petitioner or any other person
12    protected by the order of protection, or prohibit
13    respondent from entering or remaining present at
14    petitioner's school, place of employment, or other
15    specified places at times when petitioner is present, or
16    both, if reasonable, given the balance of hardships.
17    Hardships need not be balanced for the court to enter a
18    stay away order or prohibit entry if respondent has no
19    right to enter the premises.
20        If an order of protection grants petitioner exclusive
21    possession of the residence, or prohibits respondent from
22    entering the residence, or orders respondent to stay away
23    from petitioner or other protected persons, then the court
24    may allow respondent access to the residence to remove
25    items of clothing and personal adornment used exclusively
26    by respondent, medications, and other items as the court

 

 

09700SB1034ham004- 37 -LRB097 04765 RLC 70213 a

1    directs. The right to access shall be exercised on only one
2    occasion as the court directs and in the presence of an
3    agreed-upon adult third party or law enforcement officer.
4        (4) Counseling. Require or recommend the respondent to
5    undergo counseling for a specified duration with a social
6    worker, psychologist, clinical psychologist, psychiatrist,
7    family service agency, alcohol or substance abuse program,
8    mental health center guidance counselor, agency providing
9    services to elders, program designed for domestic violence
10    abusers or any other guidance service the court deems
11    appropriate. The court may order the respondent in any
12    intimate partner relationship to report to an Illinois
13    Department of Human Services protocol approved partner
14    abuse intervention program for an assessment and to follow
15    all recommended treatment.
16        (5) Physical care and possession of the minor child. In
17    order to protect the minor child from abuse, neglect, or
18    unwarranted separation from the person who has been the
19    minor child's primary caretaker, or to otherwise protect
20    the well-being of the minor child, the court may do either
21    or both of the following: (i) grant petitioner physical
22    care or possession of the minor child, or both, or (ii)
23    order respondent to return a minor child to, or not remove
24    a minor child from, the physical care of a parent or person
25    in loco parentis.
26        If a court finds, after a hearing, that respondent has

 

 

09700SB1034ham004- 38 -LRB097 04765 RLC 70213 a

1    committed abuse (as defined in Section 112A-3) of a minor
2    child, there shall be a rebuttable presumption that
3    awarding physical care to respondent would not be in the
4    minor child's best interest.
5        (6) Temporary legal custody. Award temporary legal
6    custody to petitioner in accordance with this Section, the
7    Illinois Marriage and Dissolution of Marriage Act, the
8    Illinois Parentage Act of 1984, and this State's Uniform
9    Child-Custody Jurisdiction and Enforcement Act.
10        If a court finds, after a hearing, that respondent has
11    committed abuse (as defined in Section 112A-3) of a minor
12    child, there shall be a rebuttable presumption that
13    awarding temporary legal custody to respondent would not be
14    in the child's best interest.
15        (7) Visitation. Determine the visitation rights, if
16    any, of respondent in any case in which the court awards
17    physical care or temporary legal custody of a minor child
18    to petitioner. The court shall restrict or deny
19    respondent's visitation with a minor child if the court
20    finds that respondent has done or is likely to do any of
21    the following: (i) abuse or endanger the minor child during
22    visitation; (ii) use the visitation as an opportunity to
23    abuse or harass petitioner or petitioner's family or
24    household members; (iii) improperly conceal or detain the
25    minor child; or (iv) otherwise act in a manner that is not
26    in the best interests of the minor child. The court shall

 

 

09700SB1034ham004- 39 -LRB097 04765 RLC 70213 a

1    not be limited by the standards set forth in Section 607.1
2    of the Illinois Marriage and Dissolution of Marriage Act.
3    If the court grants visitation, the order shall specify
4    dates and times for the visitation to take place or other
5    specific parameters or conditions that are appropriate. No
6    order for visitation shall refer merely to the term
7    "reasonable visitation".
8        Petitioner may deny respondent access to the minor
9    child if, when respondent arrives for visitation,
10    respondent is under the influence of drugs or alcohol and
11    constitutes a threat to the safety and well-being of
12    petitioner or petitioner's minor children or is behaving in
13    a violent or abusive manner.
14        If necessary to protect any member of petitioner's
15    family or household from future abuse, respondent shall be
16    prohibited from coming to petitioner's residence to meet
17    the minor child for visitation, and the parties shall
18    submit to the court their recommendations for reasonable
19    alternative arrangements for visitation. A person may be
20    approved to supervise visitation only after filing an
21    affidavit accepting that responsibility and acknowledging
22    accountability to the court.
23        (8) Removal or concealment of minor child. Prohibit
24    respondent from removing a minor child from the State or
25    concealing the child within the State.
26        (9) Order to appear. Order the respondent to appear in

 

 

09700SB1034ham004- 40 -LRB097 04765 RLC 70213 a

1    court, alone or with a minor child, to prevent abuse,
2    neglect, removal or concealment of the child, to return the
3    child to the custody or care of the petitioner or to permit
4    any court-ordered interview or examination of the child or
5    the respondent.
6        (10) Possession of personal property. Grant petitioner
7    exclusive possession of personal property and, if
8    respondent has possession or control, direct respondent to
9    promptly make it available to petitioner, if:
10            (i) petitioner, but not respondent, owns the
11        property; or
12            (ii) the parties own the property jointly; sharing
13        it would risk abuse of petitioner by respondent or is
14        impracticable; and the balance of hardships favors
15        temporary possession by petitioner.
16        If petitioner's sole claim to ownership of the property
17    is that it is marital property, the court may award
18    petitioner temporary possession thereof under the
19    standards of subparagraph (ii) of this paragraph only if a
20    proper proceeding has been filed under the Illinois
21    Marriage and Dissolution of Marriage Act, as now or
22    hereafter amended.
23        No order under this provision shall affect title to
24    property.
25        (11) Protection of property. Forbid the respondent
26    from taking, transferring, encumbering, concealing,

 

 

09700SB1034ham004- 41 -LRB097 04765 RLC 70213 a

1    damaging or otherwise disposing of any real or personal
2    property, except as explicitly authorized by the court, if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the parties own the property jointly, and the
6        balance of hardships favors granting this remedy.
7        If petitioner's sole claim to ownership of the property
8    is that it is marital property, the court may grant
9    petitioner relief under subparagraph (ii) of this
10    paragraph only if a proper proceeding has been filed under
11    the Illinois Marriage and Dissolution of Marriage Act, as
12    now or hereafter amended.
13        The court may further prohibit respondent from
14    improperly using the financial or other resources of an
15    aged member of the family or household for the profit or
16    advantage of respondent or of any other person.
17        (11.5) Protection of animals. Grant the petitioner the
18    exclusive care, custody, or control of any animal owned,
19    possessed, leased, kept, or held by either the petitioner
20    or the respondent or a minor child residing in the
21    residence or household of either the petitioner or the
22    respondent and order the respondent to stay away from the
23    animal and forbid the respondent from taking,
24    transferring, encumbering, concealing, harming, or
25    otherwise disposing of the animal.
26        (12) Order for payment of support. Order respondent to

 

 

09700SB1034ham004- 42 -LRB097 04765 RLC 70213 a

1    pay temporary support for the petitioner or any child in
2    the petitioner's care or custody, when the respondent has a
3    legal obligation to support that person, in accordance with
4    the Illinois Marriage and Dissolution of Marriage Act,
5    which shall govern, among other matters, the amount of
6    support, payment through the clerk and withholding of
7    income to secure payment. An order for child support may be
8    granted to a petitioner with lawful physical care or
9    custody of a child, or an order or agreement for physical
10    care or custody, prior to entry of an order for legal
11    custody. Such a support order shall expire upon entry of a
12    valid order granting legal custody to another, unless
13    otherwise provided in the custody order.
14        (13) Order for payment of losses. Order respondent to
15    pay petitioner for losses suffered as a direct result of
16    the abuse. Such losses shall include, but not be limited
17    to, medical expenses, lost earnings or other support,
18    repair or replacement of property damaged or taken,
19    reasonable attorney's fees, court costs and moving or other
20    travel expenses, including additional reasonable expenses
21    for temporary shelter and restaurant meals.
22            (i) Losses affecting family needs. If a party is
23        entitled to seek maintenance, child support or
24        property distribution from the other party under the
25        Illinois Marriage and Dissolution of Marriage Act, as
26        now or hereafter amended, the court may order

 

 

09700SB1034ham004- 43 -LRB097 04765 RLC 70213 a

1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including but not
10        limited to legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and well-being
16    of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm possession.
18            (a) Prohibit a respondent against whom an order of
19        protection was issued from possessing any firearms
20        during the duration of the order if the order:
21                (1) was issued after a hearing of which such
22            person received actual notice, and at which such
23            person had an opportunity to participate;
24                (2) restrains such person from harassing,
25            stalking, or threatening an intimate partner of
26            such person or child of such intimate partner or

 

 

09700SB1034ham004- 44 -LRB097 04765 RLC 70213 a

1            person, or engaging in other conduct that would
2            place an intimate partner in reasonable fear of
3            bodily injury to the partner or child; and
4                (3)(i) includes a finding that such person
5            represents a credible threat to the physical
6            safety of such intimate partner or child; or (ii)
7            by its terms explicitly prohibits the use,
8            attempted use, or threatened use of physical force
9            against such intimate partner or child that would
10            reasonably be expected to cause bodily injury.
11        Any firearms in the possession of the respondent,
12        except as provided in subsection (b), shall be ordered
13        by the court to be turned over to the local law
14        enforcement agency for safekeeping. The court shall
15        issue an order that the respondent's Firearm Owner's
16        Identification Card be turned over to the local law
17        enforcement agency, which in turn shall immediately
18        mail the card to the Department of State Police Firearm
19        Owner's Identification Card Office for safekeeping.
20        The period of safekeeping shall be for the duration of
21        the order of protection. The firearm or firearms and
22        Firearm Owner's Identification Card, if unexpired,
23        shall at the respondent's request shall be returned to
24        the respondent at expiration of the order of
25        protection.
26            (b) If the respondent is a peace officer as defined

 

 

09700SB1034ham004- 45 -LRB097 04765 RLC 70213 a

1        in Section 2-13 of the Criminal Code of 1961, the court
2        shall order that any firearms used by the respondent in
3        the performance of his or her duties as a peace officer
4        be surrendered to the chief law enforcement executive
5        of the agency in which the respondent is employed, who
6        shall retain the firearms for safekeeping for the
7        duration of the order of protection.
8            (c) Upon expiration of the period of safekeeping,
9        if the firearms or Firearm Owner's Identification Card
10        cannot be returned to respondent because respondent
11        cannot be located, fails to respond to requests to
12        retrieve the firearms, or is not lawfully eligible to
13        possess a firearm, upon petition from the local law
14        enforcement agency, the court may order the local law
15        enforcement agency to destroy the firearms, use the
16        firearms for training purposes, or for any other
17        application as deemed appropriate by the local law
18        enforcement agency; or that the firearms be turned over
19        to a third party who is lawfully eligible to possess
20        firearms, and who does not reside with respondent.
21        (15) Prohibition of access to records. If an order of
22    protection prohibits respondent from having contact with
23    the minor child, or if petitioner's address is omitted
24    under subsection (b) of Section 112A-5, or if necessary to
25    prevent abuse or wrongful removal or concealment of a minor
26    child, the order shall deny respondent access to, and

 

 

09700SB1034ham004- 46 -LRB097 04765 RLC 70213 a

1    prohibit respondent from inspecting, obtaining, or
2    attempting to inspect or obtain, school or any other
3    records of the minor child who is in the care of
4    petitioner.
5        (16) Order for payment of shelter services. Order
6    respondent to reimburse a shelter providing temporary
7    housing and counseling services to the petitioner for the
8    cost of the services, as certified by the shelter and
9    deemed reasonable by the court.
10        (17) Order for injunctive relief. Enter injunctive
11    relief necessary or appropriate to prevent further abuse of
12    a family or household member or to effectuate one of the
13    granted remedies, if supported by the balance of hardships.
14    If the harm to be prevented by the injunction is abuse or
15    any other harm that one of the remedies listed in
16    paragraphs (1) through (16) of this subsection is designed
17    to prevent, no further evidence is necessary to establish
18    that the harm is an irreparable injury.
19    (c) Relevant factors; findings.
20        (1) In determining whether to grant a specific remedy,
21    other than payment of support, the court shall consider
22    relevant factors, including but not limited to the
23    following:
24            (i) the nature, frequency, severity, pattern and
25        consequences of the respondent's past abuse of the
26        petitioner or any family or household member,

 

 

09700SB1034ham004- 47 -LRB097 04765 RLC 70213 a

1        including the concealment of his or her location in
2        order to evade service of process or notice, and the
3        likelihood of danger of future abuse to petitioner or
4        any member of petitioner's or respondent's family or
5        household; and
6            (ii) the danger that any minor child will be abused
7        or neglected or improperly removed from the
8        jurisdiction, improperly concealed within the State or
9        improperly separated from the child's primary
10        caretaker.
11        (2) In comparing relative hardships resulting to the
12    parties from loss of possession of the family home, the
13    court shall consider relevant factors, including but not
14    limited to the following:
15            (i) availability, accessibility, cost, safety,
16        adequacy, location and other characteristics of
17        alternate housing for each party and any minor child or
18        dependent adult in the party's care;
19            (ii) the effect on the party's employment; and
20            (iii) the effect on the relationship of the party,
21        and any minor child or dependent adult in the party's
22        care, to family, school, church and community.
23        (3) Subject to the exceptions set forth in paragraph
24    (4) of this subsection, the court shall make its findings
25    in an official record or in writing, and shall at a minimum
26    set forth the following:

 

 

09700SB1034ham004- 48 -LRB097 04765 RLC 70213 a

1            (i) That the court has considered the applicable
2        relevant factors described in paragraphs (1) and (2) of
3        this subsection.
4            (ii) Whether the conduct or actions of respondent,
5        unless prohibited, will likely cause irreparable harm
6        or continued abuse.
7            (iii) Whether it is necessary to grant the
8        requested relief in order to protect petitioner or
9        other alleged abused persons.
10        (4) For purposes of issuing an ex parte emergency order
11    of protection, the court, as an alternative to or as a
12    supplement to making the findings described in paragraphs
13    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
14    the following procedure:
15        When a verified petition for an emergency order of
16    protection in accordance with the requirements of Sections
17    112A-5 and 112A-17 is presented to the court, the court
18    shall examine petitioner on oath or affirmation. An
19    emergency order of protection shall be issued by the court
20    if it appears from the contents of the petition and the
21    examination of petitioner that the averments are
22    sufficient to indicate abuse by respondent and to support
23    the granting of relief under the issuance of the emergency
24    order of protection.
25        (5) Never married parties. No rights or
26    responsibilities for a minor child born outside of marriage

 

 

09700SB1034ham004- 49 -LRB097 04765 RLC 70213 a

1    attach to a putative father until a father and child
2    relationship has been established under the Illinois
3    Parentage Act of 1984. Absent such an adjudication, no
4    putative father shall be granted temporary custody of the
5    minor child, visitation with the minor child, or physical
6    care and possession of the minor child, nor shall an order
7    of payment for support of the minor child be entered.
8    (d) Balance of hardships; findings. If the court finds that
9the balance of hardships does not support the granting of a
10remedy governed by paragraph (2), (3), (10), (11), or (16) of
11subsection (b) of this Section, which may require such
12balancing, the court's findings shall so indicate and shall
13include a finding as to whether granting the remedy will result
14in hardship to respondent that would substantially outweigh the
15hardship to petitioner from denial of the remedy. The findings
16shall be an official record or in writing.
17    (e) Denial of remedies. Denial of any remedy shall not be
18based, in whole or in part, on evidence that:
19        (1) Respondent has cause for any use of force, unless
20    that cause satisfies the standards for justifiable use of
21    force provided by Article VII of the Criminal Code of 1961;
22        (2) Respondent was voluntarily intoxicated;
23        (3) Petitioner acted in self-defense or defense of
24    another, provided that, if petitioner utilized force, such
25    force was justifiable under Article VII of the Criminal
26    Code of 1961;

 

 

09700SB1034ham004- 50 -LRB097 04765 RLC 70213 a

1        (4) Petitioner did not act in self-defense or defense
2    of another;
3        (5) Petitioner left the residence or household to avoid
4    further abuse by respondent;
5        (6) Petitioner did not leave the residence or household
6    to avoid further abuse by respondent;
7        (7) Conduct by any family or household member excused
8    the abuse by respondent, unless that same conduct would
9    have excused such abuse if the parties had not been family
10    or household members.
11(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1297-158, eff. 1-1-12.)
 
13    Section 25. The Unified Code of Corrections is amended by
14changing Section 5-6-3 as follows:
 
15    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
16    Sec. 5-6-3. Conditions of Probation and of Conditional
17Discharge.
18    (a) The conditions of probation and of conditional
19discharge shall be that the person:
20        (1) not violate any criminal statute of any
21    jurisdiction;
22        (2) report to or appear in person before such person or
23    agency as directed by the court;
24        (3) refrain from possessing a firearm or other

 

 

09700SB1034ham004- 51 -LRB097 04765 RLC 70213 a

1    dangerous weapon where the offense is a felony or, if a
2    misdemeanor, the offense involved the intentional or
3    knowing infliction of bodily harm or threat of bodily harm;
4        (4) not leave the State without the consent of the
5    court or, in circumstances in which the reason for the
6    absence is of such an emergency nature that prior consent
7    by the court is not possible, without the prior
8    notification and approval of the person's probation
9    officer. Transfer of a person's probation or conditional
10    discharge supervision to another state is subject to
11    acceptance by the other state pursuant to the Interstate
12    Compact for Adult Offender Supervision;
13        (5) permit the probation officer to visit him at his
14    home or elsewhere to the extent necessary to discharge his
15    duties;
16        (6) perform no less than 30 hours of community service
17    and not more than 120 hours of community service, if
18    community service is available in the jurisdiction and is
19    funded and approved by the county board where the offense
20    was committed, where the offense was related to or in
21    furtherance of the criminal activities of an organized gang
22    and was motivated by the offender's membership in or
23    allegiance to an organized gang. The community service
24    shall include, but not be limited to, the cleanup and
25    repair of any damage caused by a violation of Section
26    21-1.3 of the Criminal Code of 1961 and similar damage to

 

 

09700SB1034ham004- 52 -LRB097 04765 RLC 70213 a

1    property located within the municipality or county in which
2    the violation occurred. When possible and reasonable, the
3    community service should be performed in the offender's
4    neighborhood. For purposes of this Section, "organized
5    gang" has the meaning ascribed to it in Section 10 of the
6    Illinois Streetgang Terrorism Omnibus Prevention Act;
7        (7) if he or she is at least 17 years of age and has
8    been sentenced to probation or conditional discharge for a
9    misdemeanor or felony in a county of 3,000,000 or more
10    inhabitants and has not been previously convicted of a
11    misdemeanor or felony, may be required by the sentencing
12    court to attend educational courses designed to prepare the
13    defendant for a high school diploma and to work toward a
14    high school diploma or to work toward passing the high
15    school level Test of General Educational Development (GED)
16    or to work toward completing a vocational training program
17    approved by the court. The person on probation or
18    conditional discharge must attend a public institution of
19    education to obtain the educational or vocational training
20    required by this clause (7). The court shall revoke the
21    probation or conditional discharge of a person who wilfully
22    fails to comply with this clause (7). The person on
23    probation or conditional discharge shall be required to pay
24    for the cost of the educational courses or GED test, if a
25    fee is charged for those courses or test. The court shall
26    resentence the offender whose probation or conditional

 

 

09700SB1034ham004- 53 -LRB097 04765 RLC 70213 a

1    discharge has been revoked as provided in Section 5-6-4.
2    This clause (7) does not apply to a person who has a high
3    school diploma or has successfully passed the GED test.
4    This clause (7) does not apply to a person who is
5    determined by the court to be developmentally disabled or
6    otherwise mentally incapable of completing the educational
7    or vocational program;
8        (8) if convicted of possession of a substance
9    prohibited by the Cannabis Control Act, the Illinois
10    Controlled Substances Act, or the Methamphetamine Control
11    and Community Protection Act after a previous conviction or
12    disposition of supervision for possession of a substance
13    prohibited by the Cannabis Control Act or Illinois
14    Controlled Substances Act or after a sentence of probation
15    under Section 10 of the Cannabis Control Act, Section 410
16    of the Illinois Controlled Substances Act, or Section 70 of
17    the Methamphetamine Control and Community Protection Act
18    and upon a finding by the court that the person is
19    addicted, undergo treatment at a substance abuse program
20    approved by the court;
21        (8.5) if convicted of a felony sex offense as defined
22    in the Sex Offender Management Board Act, the person shall
23    undergo and successfully complete sex offender treatment
24    by a treatment provider approved by the Board and conducted
25    in conformance with the standards developed under the Sex
26    Offender Management Board Act;

 

 

09700SB1034ham004- 54 -LRB097 04765 RLC 70213 a

1        (8.6) if convicted of a sex offense as defined in the
2    Sex Offender Management Board Act, refrain from residing at
3    the same address or in the same condominium unit or
4    apartment unit or in the same condominium complex or
5    apartment complex with another person he or she knows or
6    reasonably should know is a convicted sex offender or has
7    been placed on supervision for a sex offense; the
8    provisions of this paragraph do not apply to a person
9    convicted of a sex offense who is placed in a Department of
10    Corrections licensed transitional housing facility for sex
11    offenders;
12        (8.7) if convicted for an offense committed on or after
13    June 1, 2008 (the effective date of Public Act 95-464) that
14    would qualify the accused as a child sex offender as
15    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
16    1961, refrain from communicating with or contacting, by
17    means of the Internet, a person who is not related to the
18    accused and whom the accused reasonably believes to be
19    under 18 years of age; for purposes of this paragraph
20    (8.7), "Internet" has the meaning ascribed to it in Section
21    16-0.1 of the Criminal Code of 1961; and a person is not
22    related to the accused if the person is not: (i) the
23    spouse, brother, or sister of the accused; (ii) a
24    descendant of the accused; (iii) a first or second cousin
25    of the accused; or (iv) a step-child or adopted child of
26    the accused;

 

 

09700SB1034ham004- 55 -LRB097 04765 RLC 70213 a

1        (8.8) if convicted for an offense under Section 11-6,
2    11-9.1, 11-14.4 that involves soliciting for a juvenile
3    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
4    of the Criminal Code of 1961, or any attempt to commit any
5    of these offenses, committed on or after June 1, 2009 (the
6    effective date of Public Act 95-983):
7            (i) not access or use a computer or any other
8        device with Internet capability without the prior
9        written approval of the offender's probation officer,
10        except in connection with the offender's employment or
11        search for employment with the prior approval of the
12        offender's probation officer;
13            (ii) submit to periodic unannounced examinations
14        of the offender's computer or any other device with
15        Internet capability by the offender's probation
16        officer, a law enforcement officer, or assigned
17        computer or information technology specialist,
18        including the retrieval and copying of all data from
19        the computer or device and any internal or external
20        peripherals and removal of such information,
21        equipment, or device to conduct a more thorough
22        inspection;
23            (iii) submit to the installation on the offender's
24        computer or device with Internet capability, at the
25        offender's expense, of one or more hardware or software
26        systems to monitor the Internet use; and

 

 

09700SB1034ham004- 56 -LRB097 04765 RLC 70213 a

1            (iv) submit to any other appropriate restrictions
2        concerning the offender's use of or access to a
3        computer or any other device with Internet capability
4        imposed by the offender's probation officer;
5        (8.9) if convicted of a sex offense as defined in the
6    Sex Offender Registration Act committed on or after January
7    1, 2010 (the effective date of Public Act 96-262), refrain
8    from accessing or using a social networking website as
9    defined in Section 17-0.5 of the Criminal Code of 1961;
10        (9) if convicted of a felony or of any misdemeanor
11    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12    12-3.5 of the Criminal Code of 1961 that was determined,
13    pursuant to Section 112A-11.1 of the Code of Criminal
14    Procedure of 1963, to trigger the prohibitions of 18 U.S.C.
15    922(g)(9), physically surrender at a time and place
16    designated by the court, his or her Firearm Owner's
17    Identification Card and any and all firearms in his or her
18    possession. The Court shall return to the Department of
19    State Police Firearm Owner's Identification Card Office
20    the person's Firearm Owner's Identification Card;
21        (10) if convicted of a sex offense as defined in
22    subsection (a-5) of Section 3-1-2 of this Code, unless the
23    offender is a parent or guardian of the person under 18
24    years of age present in the home and no non-familial minors
25    are present, not participate in a holiday event involving
26    children under 18 years of age, such as distributing candy

 

 

09700SB1034ham004- 57 -LRB097 04765 RLC 70213 a

1    or other items to children on Halloween, wearing a Santa
2    Claus costume on or preceding Christmas, being employed as
3    a department store Santa Claus, or wearing an Easter Bunny
4    costume on or preceding Easter;
5        (11) if convicted of a sex offense as defined in
6    Section 2 of the Sex Offender Registration Act committed on
7    or after January 1, 2010 (the effective date of Public Act
8    96-362) that requires the person to register as a sex
9    offender under that Act, may not knowingly use any computer
10    scrub software on any computer that the sex offender uses;
11    and
12        (12) if convicted of a violation of the Methamphetamine
13    Control and Community Protection Act, the Methamphetamine
14    Precursor Control Act, or a methamphetamine related
15    offense:
16            (A) prohibited from purchasing, possessing, or
17        having under his or her control any product containing
18        pseudoephedrine unless prescribed by a physician; and
19            (B) prohibited from purchasing, possessing, or
20        having under his or her control any product containing
21        ammonium nitrate.
22    (b) The Court may in addition to other reasonable
23conditions relating to the nature of the offense or the
24rehabilitation of the defendant as determined for each
25defendant in the proper discretion of the Court require that
26the person:

 

 

09700SB1034ham004- 58 -LRB097 04765 RLC 70213 a

1        (1) serve a term of periodic imprisonment under Article
2    7 for a period not to exceed that specified in paragraph
3    (d) of Section 5-7-1;
4        (2) pay a fine and costs;
5        (3) work or pursue a course of study or vocational
6    training;
7        (4) undergo medical, psychological or psychiatric
8    treatment; or treatment for drug addiction or alcoholism;
9        (5) attend or reside in a facility established for the
10    instruction or residence of defendants on probation;
11        (6) support his dependents;
12        (7) and in addition, if a minor:
13            (i) reside with his parents or in a foster home;
14            (ii) attend school;
15            (iii) attend a non-residential program for youth;
16            (iv) contribute to his own support at home or in a
17        foster home;
18            (v) with the consent of the superintendent of the
19        facility, attend an educational program at a facility
20        other than the school in which the offense was
21        committed if he or she is convicted of a crime of
22        violence as defined in Section 2 of the Crime Victims
23        Compensation Act committed in a school, on the real
24        property comprising a school, or within 1,000 feet of
25        the real property comprising a school;
26        (8) make restitution as provided in Section 5-5-6 of

 

 

09700SB1034ham004- 59 -LRB097 04765 RLC 70213 a

1    this Code;
2        (9) perform some reasonable public or community
3    service;
4        (10) serve a term of home confinement. In addition to
5    any other applicable condition of probation or conditional
6    discharge, the conditions of home confinement shall be that
7    the offender:
8            (i) remain within the interior premises of the
9        place designated for his confinement during the hours
10        designated by the court;
11            (ii) admit any person or agent designated by the
12        court into the offender's place of confinement at any
13        time for purposes of verifying the offender's
14        compliance with the conditions of his confinement; and
15            (iii) if further deemed necessary by the court or
16        the Probation or Court Services Department, be placed
17        on an approved electronic monitoring device, subject
18        to Article 8A of Chapter V;
19            (iv) for persons convicted of any alcohol,
20        cannabis or controlled substance violation who are
21        placed on an approved monitoring device as a condition
22        of probation or conditional discharge, the court shall
23        impose a reasonable fee for each day of the use of the
24        device, as established by the county board in
25        subsection (g) of this Section, unless after
26        determining the inability of the offender to pay the

 

 

09700SB1034ham004- 60 -LRB097 04765 RLC 70213 a

1        fee, the court assesses a lesser fee or no fee as the
2        case may be. This fee shall be imposed in addition to
3        the fees imposed under subsections (g) and (i) of this
4        Section. The fee shall be collected by the clerk of the
5        circuit court. The clerk of the circuit court shall pay
6        all monies collected from this fee to the county
7        treasurer for deposit in the substance abuse services
8        fund under Section 5-1086.1 of the Counties Code; and
9            (v) for persons convicted of offenses other than
10        those referenced in clause (iv) above and who are
11        placed on an approved monitoring device as a condition
12        of probation or conditional discharge, the court shall
13        impose a reasonable fee for each day of the use of the
14        device, as established by the county board in
15        subsection (g) of this Section, unless after
16        determining the inability of the defendant to pay the
17        fee, the court assesses a lesser fee or no fee as the
18        case may be. This fee shall be imposed in addition to
19        the fees imposed under subsections (g) and (i) of this
20        Section. The fee shall be collected by the clerk of the
21        circuit court. The clerk of the circuit court shall pay
22        all monies collected from this fee to the county
23        treasurer who shall use the monies collected to defray
24        the costs of corrections. The county treasurer shall
25        deposit the fee collected in the probation and court
26        services fund.

 

 

09700SB1034ham004- 61 -LRB097 04765 RLC 70213 a

1        (11) comply with the terms and conditions of an order
2    of protection issued by the court pursuant to the Illinois
3    Domestic Violence Act of 1986, as now or hereafter amended,
4    or an order of protection issued by the court of another
5    state, tribe, or United States territory. A copy of the
6    order of protection shall be transmitted to the probation
7    officer or agency having responsibility for the case;
8        (12) reimburse any "local anti-crime program" as
9    defined in Section 7 of the Anti-Crime Advisory Council Act
10    for any reasonable expenses incurred by the program on the
11    offender's case, not to exceed the maximum amount of the
12    fine authorized for the offense for which the defendant was
13    sentenced;
14        (13) contribute a reasonable sum of money, not to
15    exceed the maximum amount of the fine authorized for the
16    offense for which the defendant was sentenced, (i) to a
17    "local anti-crime program", as defined in Section 7 of the
18    Anti-Crime Advisory Council Act, or (ii) for offenses under
19    the jurisdiction of the Department of Natural Resources, to
20    the fund established by the Department of Natural Resources
21    for the purchase of evidence for investigation purposes and
22    to conduct investigations as outlined in Section 805-105 of
23    the Department of Natural Resources (Conservation) Law;
24        (14) refrain from entering into a designated
25    geographic area except upon such terms as the court finds
26    appropriate. Such terms may include consideration of the

 

 

09700SB1034ham004- 62 -LRB097 04765 RLC 70213 a

1    purpose of the entry, the time of day, other persons
2    accompanying the defendant, and advance approval by a
3    probation officer, if the defendant has been placed on
4    probation or advance approval by the court, if the
5    defendant was placed on conditional discharge;
6        (15) refrain from having any contact, directly or
7    indirectly, with certain specified persons or particular
8    types of persons, including but not limited to members of
9    street gangs and drug users or dealers;
10        (16) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or the
13    Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of his
15    or her blood or urine or both for tests to determine the
16    presence of any illicit drug;
17        (17) if convicted for an offense committed on or after
18    June 1, 2008 (the effective date of Public Act 95-464) that
19    would qualify the accused as a child sex offender as
20    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
21    1961, refrain from communicating with or contacting, by
22    means of the Internet, a person who is related to the
23    accused and whom the accused reasonably believes to be
24    under 18 years of age; for purposes of this paragraph (17),
25    "Internet" has the meaning ascribed to it in Section 16-0.1
26    of the Criminal Code of 1961; and a person is related to

 

 

09700SB1034ham004- 63 -LRB097 04765 RLC 70213 a

1    the accused if the person is: (i) the spouse, brother, or
2    sister of the accused; (ii) a descendant of the accused;
3    (iii) a first or second cousin of the accused; or (iv) a
4    step-child or adopted child of the accused;
5        (18) if convicted for an offense committed on or after
6    June 1, 2009 (the effective date of Public Act 95-983) that
7    would qualify as a sex offense as defined in the Sex
8    Offender Registration Act:
9            (i) not access or use a computer or any other
10        device with Internet capability without the prior
11        written approval of the offender's probation officer,
12        except in connection with the offender's employment or
13        search for employment with the prior approval of the
14        offender's probation officer;
15            (ii) submit to periodic unannounced examinations
16        of the offender's computer or any other device with
17        Internet capability by the offender's probation
18        officer, a law enforcement officer, or assigned
19        computer or information technology specialist,
20        including the retrieval and copying of all data from
21        the computer or device and any internal or external
22        peripherals and removal of such information,
23        equipment, or device to conduct a more thorough
24        inspection;
25            (iii) submit to the installation on the offender's
26        computer or device with Internet capability, at the

 

 

09700SB1034ham004- 64 -LRB097 04765 RLC 70213 a

1        subject's expense, of one or more hardware or software
2        systems to monitor the Internet use; and
3            (iv) submit to any other appropriate restrictions
4        concerning the offender's use of or access to a
5        computer or any other device with Internet capability
6        imposed by the offender's probation officer; and
7        (19) refrain from possessing a firearm or other
8    dangerous weapon where the offense is a misdemeanor that
9    did not involve the intentional or knowing infliction of
10    bodily harm or threat of bodily harm.
11    (c) The court may as a condition of probation or of
12conditional discharge require that a person under 18 years of
13age found guilty of any alcohol, cannabis or controlled
14substance violation, refrain from acquiring a driver's license
15during the period of probation or conditional discharge. If
16such person is in possession of a permit or license, the court
17may require that the minor refrain from driving or operating
18any motor vehicle during the period of probation or conditional
19discharge, except as may be necessary in the course of the
20minor's lawful employment.
21    (d) An offender sentenced to probation or to conditional
22discharge shall be given a certificate setting forth the
23conditions thereof.
24    (e) Except where the offender has committed a fourth or
25subsequent violation of subsection (c) of Section 6-303 of the
26Illinois Vehicle Code, the court shall not require as a

 

 

09700SB1034ham004- 65 -LRB097 04765 RLC 70213 a

1condition of the sentence of probation or conditional discharge
2that the offender be committed to a period of imprisonment in
3excess of 6 months. This 6 month limit shall not include
4periods of confinement given pursuant to a sentence of county
5impact incarceration under Section 5-8-1.2.
6    Persons committed to imprisonment as a condition of
7probation or conditional discharge shall not be committed to
8the Department of Corrections.
9    (f) The court may combine a sentence of periodic
10imprisonment under Article 7 or a sentence to a county impact
11incarceration program under Article 8 with a sentence of
12probation or conditional discharge.
13    (g) An offender sentenced to probation or to conditional
14discharge and who during the term of either undergoes mandatory
15drug or alcohol testing, or both, or is assigned to be placed
16on an approved electronic monitoring device, shall be ordered
17to pay all costs incidental to such mandatory drug or alcohol
18testing, or both, and all costs incidental to such approved
19electronic monitoring in accordance with the defendant's
20ability to pay those costs. The county board with the
21concurrence of the Chief Judge of the judicial circuit in which
22the county is located shall establish reasonable fees for the
23cost of maintenance, testing, and incidental expenses related
24to the mandatory drug or alcohol testing, or both, and all
25costs incidental to approved electronic monitoring, involved
26in a successful probation program for the county. The

 

 

09700SB1034ham004- 66 -LRB097 04765 RLC 70213 a

1concurrence of the Chief Judge shall be in the form of an
2administrative order. The fees shall be collected by the clerk
3of the circuit court. The clerk of the circuit court shall pay
4all moneys collected from these fees to the county treasurer
5who shall use the moneys collected to defray the costs of drug
6testing, alcohol testing, and electronic monitoring. The
7county treasurer shall deposit the fees collected in the county
8working cash fund under Section 6-27001 or Section 6-29002 of
9the Counties Code, as the case may be.
10    (h) Jurisdiction over an offender may be transferred from
11the sentencing court to the court of another circuit with the
12concurrence of both courts. Further transfers or retransfers of
13jurisdiction are also authorized in the same manner. The court
14to which jurisdiction has been transferred shall have the same
15powers as the sentencing court. The probation department within
16the circuit to which jurisdiction has been transferred may
17impose probation fees upon receiving the transferred offender,
18as provided in subsection (i). The probation department from
19the original sentencing court shall retain all probation fees
20collected prior to the transfer.
21    (i) The court shall impose upon an offender sentenced to
22probation after January 1, 1989 or to conditional discharge
23after January 1, 1992 or to community service under the
24supervision of a probation or court services department after
25January 1, 2004, as a condition of such probation or
26conditional discharge or supervised community service, a fee of

 

 

09700SB1034ham004- 67 -LRB097 04765 RLC 70213 a

1$50 for each month of probation or conditional discharge
2supervision or supervised community service ordered by the
3court, unless after determining the inability of the person
4sentenced to probation or conditional discharge or supervised
5community service to pay the fee, the court assesses a lesser
6fee. The court may not impose the fee on a minor who is made a
7ward of the State under the Juvenile Court Act of 1987 while
8the minor is in placement. The fee shall be imposed only upon
9an offender who is actively supervised by the probation and
10court services department. The fee shall be collected by the
11clerk of the circuit court. The clerk of the circuit court
12shall pay all monies collected from this fee to the county
13treasurer for deposit in the probation and court services fund
14under Section 15.1 of the Probation and Probation Officers Act.
15    A circuit court may not impose a probation fee under this
16subsection (i) in excess of $25 per month unless the circuit
17court has adopted, by administrative order issued by the chief
18judge, a standard probation fee guide determining an offender's
19ability to pay Of the amount collected as a probation fee, up
20to $5 of that fee collected per month may be used to provide
21services to crime victims and their families.
22    The Court may only waive probation fees based on an
23offender's ability to pay. The probation department may
24re-evaluate an offender's ability to pay every 6 months, and,
25with the approval of the Director of Court Services or the
26Chief Probation Officer, adjust the monthly fee amount. An

 

 

09700SB1034ham004- 68 -LRB097 04765 RLC 70213 a

1offender may elect to pay probation fees due in a lump sum. Any
2offender that has been assigned to the supervision of a
3probation department, or has been transferred either under
4subsection (h) of this Section or under any interstate compact,
5shall be required to pay probation fees to the department
6supervising the offender, based on the offender's ability to
7pay.
8    This amendatory Act of the 93rd General Assembly deletes
9the $10 increase in the fee under this subsection that was
10imposed by Public Act 93-616. This deletion is intended to
11control over any other Act of the 93rd General Assembly that
12retains or incorporates that fee increase.
13    (i-5) In addition to the fees imposed under subsection (i)
14of this Section, in the case of an offender convicted of a
15felony sex offense (as defined in the Sex Offender Management
16Board Act) or an offense that the court or probation department
17has determined to be sexually motivated (as defined in the Sex
18Offender Management Board Act), the court or the probation
19department shall assess additional fees to pay for all costs of
20treatment, assessment, evaluation for risk and treatment, and
21monitoring the offender, based on that offender's ability to
22pay those costs either as they occur or under a payment plan.
23    (j) All fines and costs imposed under this Section for any
24violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
25Code, or a similar provision of a local ordinance, and any
26violation of the Child Passenger Protection Act, or a similar

 

 

09700SB1034ham004- 69 -LRB097 04765 RLC 70213 a

1provision of a local ordinance, shall be collected and
2disbursed by the circuit clerk as provided under Section 27.5
3of the Clerks of Courts Act.
4    (k) Any offender who is sentenced to probation or
5conditional discharge for a felony sex offense as defined in
6the Sex Offender Management Board Act or any offense that the
7court or probation department has determined to be sexually
8motivated as defined in the Sex Offender Management Board Act
9shall be required to refrain from any contact, directly or
10indirectly, with any persons specified by the court and shall
11be available for all evaluations and treatment programs
12required by the court or the probation department.
13    (l) The court may order an offender who is sentenced to
14probation or conditional discharge for a violation of an order
15of protection be placed under electronic surveillance as
16provided in Section 5-8A-7 of this Code.
17(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09;
1896-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff.
197-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065,
20eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2197-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12;
22revised 9-14-11.)
 
23    Section 30. The Stalking No Contact Order Act is amended by
24changing Section 80 as follows:
 

 

 

09700SB1034ham004- 70 -LRB097 04765 RLC 70213 a

1    (740 ILCS 21/80)
2    Sec. 80. Stalking no contact orders; remedies.
3    (a) If the court finds that the petitioner has been a
4victim of stalking, a stalking no contact order shall issue;
5provided that the petitioner must also satisfy the requirements
6of Section 95 on emergency orders or Section 100 on plenary
7orders. The petitioner shall not be denied a stalking no
8contact order because the petitioner or the respondent is a
9minor. The court, when determining whether or not to issue a
10stalking no contact order, may not require physical injury on
11the person of the petitioner. Modification and extension of
12prior stalking no contact orders shall be in accordance with
13this Act.
14    (b) A stalking no contact order shall order one or more of
15the following:
16        (1) prohibit the respondent from threatening to commit
17    or committing stalking;
18        (2) order the respondent not to have any contact with
19    the petitioner or a third person specifically named by the
20    court;
21        (3) prohibit the respondent from knowingly coming
22    within, or knowingly remaining within a specified distance
23    of the petitioner or the petitioner's residence, school,
24    daycare, or place of employment, or any specified place
25    frequented by the petitioner; however, the court may order
26    the respondent to stay away from the respondent's own

 

 

09700SB1034ham004- 71 -LRB097 04765 RLC 70213 a

1    residence, school, or place of employment only if the
2    respondent has been provided actual notice of the
3    opportunity to appear and be heard on the petition;
4        (4) prohibit the respondent from possessing a Firearm
5    Owners Identification Card, or possessing or buying
6    firearms; and
7        (5) order other injunctive relief the court determines
8    to be necessary to protect the petitioner or third party
9    specifically named by the court.
10    (b-5) When the petitioner and the respondent attend the
11same public, private, or non-public elementary, middle, or high
12school, the court when issuing a stalking no contact order and
13providing relief shall consider the severity of the act, any
14continuing physical danger or emotional distress to the
15petitioner, the educational rights guaranteed to the
16petitioner and respondent under federal and State law, the
17availability of a transfer of the respondent to another school,
18a change of placement or a change of program of the respondent,
19the expense, difficulty, and educational disruption that would
20be caused by a transfer of the respondent to another school,
21and any other relevant facts of the case. The court may order
22that the respondent not attend the public, private, or
23non-public elementary, middle, or high school attended by the
24petitioner, order that the respondent accept a change of
25placement or program, as determined by the school district or
26private or non-public school, or place restrictions on the

 

 

09700SB1034ham004- 72 -LRB097 04765 RLC 70213 a

1respondent's movements within the school attended by the
2petitioner. The respondent bears the burden of proving by a
3preponderance of the evidence that a transfer, change of
4placement, or change of program of the respondent is not
5available. The respondent also bears the burden of production
6with respect to the expense, difficulty, and educational
7disruption that would be caused by a transfer of the respondent
8to another school. A transfer, change of placement, or change
9of program is not unavailable to the respondent solely on the
10ground that the respondent does not agree with the school
11district's or private or non-public school's transfer, change
12of placement, or change of program or solely on the ground that
13the respondent fails or refuses to consent to or otherwise does
14not take an action required to effectuate a transfer, change of
15placement, or change of program. When a court orders a
16respondent to stay away from the public, private, or non-public
17school attended by the petitioner and the respondent requests a
18transfer to another attendance center within the respondent's
19school district or private or non-public school, the school
20district or private or non-public school shall have sole
21discretion to determine the attendance center to which the
22respondent is transferred. In the event the court order results
23in a transfer of the minor respondent to another attendance
24center, a change in the respondent's placement, or a change of
25the respondent's program, the parents, guardian, or legal
26custodian of the respondent is responsible for transportation

 

 

09700SB1034ham004- 73 -LRB097 04765 RLC 70213 a

1and other costs associated with the transfer or change.
2    (b-6) The court may order the parents, guardian, or legal
3custodian of a minor respondent to take certain actions or to
4refrain from taking certain actions to ensure that the
5respondent complies with the order. In the event the court
6orders a transfer of the respondent to another school, the
7parents, guardian, or legal custodian of the respondent are
8responsible for transportation and other costs associated with
9the change of school by the respondent.
10    (b-7) The court shall not hold a school district or private
11or non-public school or any of its employees in civil or
12criminal contempt unless the school district or private or
13non-public school has been allowed to intervene.
14    (b-8) The court may hold the parents, guardian, or legal
15custodian of a minor respondent in civil or criminal contempt
16for a violation of any provision of any order entered under
17this Act for conduct of the minor respondent in violation of
18this Act if the parents, guardian, or legal custodian directed,
19encouraged, or assisted the respondent minor in such conduct.
20    (c) The court may award the petitioner costs and attorneys
21fees if a stalking no contact order is granted.
22    (d) Monetary damages are not recoverable as a remedy.
23    (e) If the stalking no contact order prohibits the
24respondent from possessing a Firearm Owner's Identification
25Card, or possessing or buying firearms; the court shall
26confiscate the respondent's Firearm Owner's Identification

 

 

09700SB1034ham004- 74 -LRB097 04765 RLC 70213 a

1Card and immediately return the card to the Department of State
2Police Firearm Owner's Identification Card Office.
3(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12.)
 
4    Section 35. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 214 as follows:
 
6    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
7    Sec. 214. Order of protection; remedies.
8    (a) Issuance of order. If the court finds that petitioner
9has been abused by a family or household member or that
10petitioner is a high-risk adult who has been abused, neglected,
11or exploited, as defined in this Act, an order of protection
12prohibiting the abuse, neglect, or exploitation shall issue;
13provided that petitioner must also satisfy the requirements of
14one of the following Sections, as appropriate: Section 217 on
15emergency orders, Section 218 on interim orders, or Section 219
16on plenary orders. Petitioner shall not be denied an order of
17protection because petitioner or respondent is a minor. The
18court, when determining whether or not to issue an order of
19protection, shall not require physical manifestations of abuse
20on the person of the victim. Modification and extension of
21prior orders of protection shall be in accordance with this
22Act.
23    (b) Remedies and standards. The remedies to be included in
24an order of protection shall be determined in accordance with

 

 

09700SB1034ham004- 75 -LRB097 04765 RLC 70213 a

1this Section and one of the following Sections, as appropriate:
2Section 217 on emergency orders, Section 218 on interim orders,
3and Section 219 on plenary orders. The remedies listed in this
4subsection shall be in addition to other civil or criminal
5remedies available to petitioner.
6        (1) Prohibition of abuse, neglect, or exploitation.
7    Prohibit respondent's harassment, interference with
8    personal liberty, intimidation of a dependent, physical
9    abuse, or willful deprivation, neglect or exploitation, as
10    defined in this Act, or stalking of the petitioner, as
11    defined in Section 12-7.3 of the Criminal Code of 1961, if
12    such abuse, neglect, exploitation, or stalking has
13    occurred or otherwise appears likely to occur if not
14    prohibited.
15        (2) Grant of exclusive possession of residence.
16    Prohibit respondent from entering or remaining in any
17    residence, household, or premises of the petitioner,
18    including one owned or leased by respondent, if petitioner
19    has a right to occupancy thereof. The grant of exclusive
20    possession of the residence, household, or premises shall
21    not affect title to real property, nor shall the court be
22    limited by the standard set forth in Section 701 of the
23    Illinois Marriage and Dissolution of Marriage Act.
24            (A) Right to occupancy. A party has a right to
25        occupancy of a residence or household if it is solely
26        or jointly owned or leased by that party, that party's

 

 

09700SB1034ham004- 76 -LRB097 04765 RLC 70213 a

1        spouse, a person with a legal duty to support that
2        party or a minor child in that party's care, or by any
3        person or entity other than the opposing party that
4        authorizes that party's occupancy (e.g., a domestic
5        violence shelter). Standards set forth in subparagraph
6        (B) shall not preclude equitable relief.
7            (B) Presumption of hardships. If petitioner and
8        respondent each has the right to occupancy of a
9        residence or household, the court shall balance (i) the
10        hardships to respondent and any minor child or
11        dependent adult in respondent's care resulting from
12        entry of this remedy with (ii) the hardships to
13        petitioner and any minor child or dependent adult in
14        petitioner's care resulting from continued exposure to
15        the risk of abuse (should petitioner remain at the
16        residence or household) or from loss of possession of
17        the residence or household (should petitioner leave to
18        avoid the risk of abuse). When determining the balance
19        of hardships, the court shall also take into account
20        the accessibility of the residence or household.
21        Hardships need not be balanced if respondent does not
22        have a right to occupancy.
23            The balance of hardships is presumed to favor
24        possession by petitioner unless the presumption is
25        rebutted by a preponderance of the evidence, showing
26        that the hardships to respondent substantially

 

 

09700SB1034ham004- 77 -LRB097 04765 RLC 70213 a

1        outweigh the hardships to petitioner and any minor
2        child or dependent adult in petitioner's care. The
3        court, on the request of petitioner or on its own
4        motion, may order respondent to provide suitable,
5        accessible, alternate housing for petitioner instead
6        of excluding respondent from a mutual residence or
7        household.
8        (3) Stay away order and additional prohibitions. Order
9    respondent to stay away from petitioner or any other person
10    protected by the order of protection, or prohibit
11    respondent from entering or remaining present at
12    petitioner's school, place of employment, or other
13    specified places at times when petitioner is present, or
14    both, if reasonable, given the balance of hardships.
15    Hardships need not be balanced for the court to enter a
16    stay away order or prohibit entry if respondent has no
17    right to enter the premises.
18            (A) If an order of protection grants petitioner
19        exclusive possession of the residence, or prohibits
20        respondent from entering the residence, or orders
21        respondent to stay away from petitioner or other
22        protected persons, then the court may allow respondent
23        access to the residence to remove items of clothing and
24        personal adornment used exclusively by respondent,
25        medications, and other items as the court directs. The
26        right to access shall be exercised on only one occasion

 

 

09700SB1034ham004- 78 -LRB097 04765 RLC 70213 a

1        as the court directs and in the presence of an
2        agreed-upon adult third party or law enforcement
3        officer.
4            (B) When the petitioner and the respondent attend
5        the same public, private, or non-public elementary,
6        middle, or high school, the court when issuing an order
7        of protection and providing relief shall consider the
8        severity of the act, any continuing physical danger or
9        emotional distress to the petitioner, the educational
10        rights guaranteed to the petitioner and respondent
11        under federal and State law, the availability of a
12        transfer of the respondent to another school, a change
13        of placement or a change of program of the respondent,
14        the expense, difficulty, and educational disruption
15        that would be caused by a transfer of the respondent to
16        another school, and any other relevant facts of the
17        case. The court may order that the respondent not
18        attend the public, private, or non-public elementary,
19        middle, or high school attended by the petitioner,
20        order that the respondent accept a change of placement
21        or change of program, as determined by the school
22        district or private or non-public school, or place
23        restrictions on the respondent's movements within the
24        school attended by the petitioner. The respondent
25        bears the burden of proving by a preponderance of the
26        evidence that a transfer, change of placement, or

 

 

09700SB1034ham004- 79 -LRB097 04765 RLC 70213 a

1        change of program of the respondent is not available.
2        The respondent also bears the burden of production with
3        respect to the expense, difficulty, and educational
4        disruption that would be caused by a transfer of the
5        respondent to another school. A transfer, change of
6        placement, or change of program is not unavailable to
7        the respondent solely on the ground that the respondent
8        does not agree with the school district's or private or
9        non-public school's transfer, change of placement, or
10        change of program or solely on the ground that the
11        respondent fails or refuses to consent or otherwise
12        does not take an action required to effectuate a
13        transfer, change of placement, or change of program.
14        When a court orders a respondent to stay away from the
15        public, private, or non-public school attended by the
16        petitioner and the respondent requests a transfer to
17        another attendance center within the respondent's
18        school district or private or non-public school, the
19        school district or private or non-public school shall
20        have sole discretion to determine the attendance
21        center to which the respondent is transferred. In the
22        event the court order results in a transfer of the
23        minor respondent to another attendance center, a
24        change in the respondent's placement, or a change of
25        the respondent's program, the parents, guardian, or
26        legal custodian of the respondent is responsible for

 

 

09700SB1034ham004- 80 -LRB097 04765 RLC 70213 a

1        transportation and other costs associated with the
2        transfer or change.
3            (C) The court may order the parents, guardian, or
4        legal custodian of a minor respondent to take certain
5        actions or to refrain from taking certain actions to
6        ensure that the respondent complies with the order. The
7        court may order the parents, guardian, or legal
8        custodian of a minor respondent to take certain actions
9        or to refrain from taking certain actions to ensure
10        that the respondent complies with the order. In the
11        event the court orders a transfer of the respondent to
12        another school, the parents, guardian, or legal
13        custodian of the respondent is responsible for
14        transportation and other costs associated with the
15        change of school by the respondent.
16        (4) Counseling. Require or recommend the respondent to
17    undergo counseling for a specified duration with a social
18    worker, psychologist, clinical psychologist, psychiatrist,
19    family service agency, alcohol or substance abuse program,
20    mental health center guidance counselor, agency providing
21    services to elders, program designed for domestic violence
22    abusers or any other guidance service the court deems
23    appropriate. The Court may order the respondent in any
24    intimate partner relationship to report to an Illinois
25    Department of Human Services protocol approved partner
26    abuse intervention program for an assessment and to follow

 

 

09700SB1034ham004- 81 -LRB097 04765 RLC 70213 a

1    all recommended treatment.
2        (5) Physical care and possession of the minor child. In
3    order to protect the minor child from abuse, neglect, or
4    unwarranted separation from the person who has been the
5    minor child's primary caretaker, or to otherwise protect
6    the well-being of the minor child, the court may do either
7    or both of the following: (i) grant petitioner physical
8    care or possession of the minor child, or both, or (ii)
9    order respondent to return a minor child to, or not remove
10    a minor child from, the physical care of a parent or person
11    in loco parentis.
12        If a court finds, after a hearing, that respondent has
13    committed abuse (as defined in Section 103) of a minor
14    child, there shall be a rebuttable presumption that
15    awarding physical care to respondent would not be in the
16    minor child's best interest.
17        (6) Temporary legal custody. Award temporary legal
18    custody to petitioner in accordance with this Section, the
19    Illinois Marriage and Dissolution of Marriage Act, the
20    Illinois Parentage Act of 1984, and this State's Uniform
21    Child-Custody Jurisdiction and Enforcement Act.
22        If a court finds, after a hearing, that respondent has
23    committed abuse (as defined in Section 103) of a minor
24    child, there shall be a rebuttable presumption that
25    awarding temporary legal custody to respondent would not be
26    in the child's best interest.

 

 

09700SB1034ham004- 82 -LRB097 04765 RLC 70213 a

1        (7) Visitation. Determine the visitation rights, if
2    any, of respondent in any case in which the court awards
3    physical care or temporary legal custody of a minor child
4    to petitioner. The court shall restrict or deny
5    respondent's visitation with a minor child if the court
6    finds that respondent has done or is likely to do any of
7    the following: (i) abuse or endanger the minor child during
8    visitation; (ii) use the visitation as an opportunity to
9    abuse or harass petitioner or petitioner's family or
10    household members; (iii) improperly conceal or detain the
11    minor child; or (iv) otherwise act in a manner that is not
12    in the best interests of the minor child. The court shall
13    not be limited by the standards set forth in Section 607.1
14    of the Illinois Marriage and Dissolution of Marriage Act.
15    If the court grants visitation, the order shall specify
16    dates and times for the visitation to take place or other
17    specific parameters or conditions that are appropriate. No
18    order for visitation shall refer merely to the term
19    "reasonable visitation".
20        Petitioner may deny respondent access to the minor
21    child if, when respondent arrives for visitation,
22    respondent is under the influence of drugs or alcohol and
23    constitutes a threat to the safety and well-being of
24    petitioner or petitioner's minor children or is behaving in
25    a violent or abusive manner.
26        If necessary to protect any member of petitioner's

 

 

09700SB1034ham004- 83 -LRB097 04765 RLC 70213 a

1    family or household from future abuse, respondent shall be
2    prohibited from coming to petitioner's residence to meet
3    the minor child for visitation, and the parties shall
4    submit to the court their recommendations for reasonable
5    alternative arrangements for visitation. A person may be
6    approved to supervise visitation only after filing an
7    affidavit accepting that responsibility and acknowledging
8    accountability to the court.
9        (8) Removal or concealment of minor child. Prohibit
10    respondent from removing a minor child from the State or
11    concealing the child within the State.
12        (9) Order to appear. Order the respondent to appear in
13    court, alone or with a minor child, to prevent abuse,
14    neglect, removal or concealment of the child, to return the
15    child to the custody or care of the petitioner or to permit
16    any court-ordered interview or examination of the child or
17    the respondent.
18        (10) Possession of personal property. Grant petitioner
19    exclusive possession of personal property and, if
20    respondent has possession or control, direct respondent to
21    promptly make it available to petitioner, if:
22            (i) petitioner, but not respondent, owns the
23        property; or
24            (ii) the parties own the property jointly; sharing
25        it would risk abuse of petitioner by respondent or is
26        impracticable; and the balance of hardships favors

 

 

09700SB1034ham004- 84 -LRB097 04765 RLC 70213 a

1        temporary possession by petitioner.
2        If petitioner's sole claim to ownership of the property
3    is that it is marital property, the court may award
4    petitioner temporary possession thereof under the
5    standards of subparagraph (ii) of this paragraph only if a
6    proper proceeding has been filed under the Illinois
7    Marriage and Dissolution of Marriage Act, as now or
8    hereafter amended.
9        No order under this provision shall affect title to
10    property.
11        (11) Protection of property. Forbid the respondent
12    from taking, transferring, encumbering, concealing,
13    damaging or otherwise disposing of any real or personal
14    property, except as explicitly authorized by the court, if:
15            (i) petitioner, but not respondent, owns the
16        property; or
17            (ii) the parties own the property jointly, and the
18        balance of hardships favors granting this remedy.
19        If petitioner's sole claim to ownership of the property
20    is that it is marital property, the court may grant
21    petitioner relief under subparagraph (ii) of this
22    paragraph only if a proper proceeding has been filed under
23    the Illinois Marriage and Dissolution of Marriage Act, as
24    now or hereafter amended.
25        The court may further prohibit respondent from
26    improperly using the financial or other resources of an

 

 

09700SB1034ham004- 85 -LRB097 04765 RLC 70213 a

1    aged member of the family or household for the profit or
2    advantage of respondent or of any other person.
3        (11.5) Protection of animals. Grant the petitioner the
4    exclusive care, custody, or control of any animal owned,
5    possessed, leased, kept, or held by either the petitioner
6    or the respondent or a minor child residing in the
7    residence or household of either the petitioner or the
8    respondent and order the respondent to stay away from the
9    animal and forbid the respondent from taking,
10    transferring, encumbering, concealing, harming, or
11    otherwise disposing of the animal.
12        (12) Order for payment of support. Order respondent to
13    pay temporary support for the petitioner or any child in
14    the petitioner's care or custody, when the respondent has a
15    legal obligation to support that person, in accordance with
16    the Illinois Marriage and Dissolution of Marriage Act,
17    which shall govern, among other matters, the amount of
18    support, payment through the clerk and withholding of
19    income to secure payment. An order for child support may be
20    granted to a petitioner with lawful physical care or
21    custody of a child, or an order or agreement for physical
22    care or custody, prior to entry of an order for legal
23    custody. Such a support order shall expire upon entry of a
24    valid order granting legal custody to another, unless
25    otherwise provided in the custody order.
26        (13) Order for payment of losses. Order respondent to

 

 

09700SB1034ham004- 86 -LRB097 04765 RLC 70213 a

1    pay petitioner for losses suffered as a direct result of
2    the abuse, neglect, or exploitation. Such losses shall
3    include, but not be limited to, medical expenses, lost
4    earnings or other support, repair or replacement of
5    property damaged or taken, reasonable attorney's fees,
6    court costs and moving or other travel expenses, including
7    additional reasonable expenses for temporary shelter and
8    restaurant meals.
9            (i) Losses affecting family needs. If a party is
10        entitled to seek maintenance, child support or
11        property distribution from the other party under the
12        Illinois Marriage and Dissolution of Marriage Act, as
13        now or hereafter amended, the court may order
14        respondent to reimburse petitioner's actual losses, to
15        the extent that such reimbursement would be
16        "appropriate temporary relief", as authorized by
17        subsection (a)(3) of Section 501 of that Act.
18            (ii) Recovery of expenses. In the case of an
19        improper concealment or removal of a minor child, the
20        court may order respondent to pay the reasonable
21        expenses incurred or to be incurred in the search for
22        and recovery of the minor child, including but not
23        limited to legal fees, court costs, private
24        investigator fees, and travel costs.
25        (14) Prohibition of entry. Prohibit the respondent
26    from entering or remaining in the residence or household

 

 

09700SB1034ham004- 87 -LRB097 04765 RLC 70213 a

1    while the respondent is under the influence of alcohol or
2    drugs and constitutes a threat to the safety and well-being
3    of the petitioner or the petitioner's children.
4        (14.5) Prohibition of firearm possession.
5            (a) Prohibit a respondent against whom an order of
6        protection was issued from possessing any firearms
7        during the duration of the order if the order:
8                (1) was issued after a hearing of which such
9            person received actual notice, and at which such
10            person had an opportunity to participate;
11                (2) restrains such person from harassing,
12            stalking, or threatening an intimate partner of
13            such person or child of such intimate partner or
14            person, or engaging in other conduct that would
15            place an intimate partner in reasonable fear of
16            bodily injury to the partner or child; and
17                (3)(i) includes a finding that such person
18            represents a credible threat to the physical
19            safety of such intimate partner or child; or (ii)
20            by its terms explicitly prohibits the use,
21            attempted use, or threatened use of physical force
22            against such intimate partner or child that would
23            reasonably be expected to cause bodily injury.
24        Any Firearm Owner's Identification Card in the
25        possession of the respondent, except as provided in
26        subsection (b), shall be ordered by the court to be

 

 

09700SB1034ham004- 88 -LRB097 04765 RLC 70213 a

1        turned over to the local law enforcement agency. The
2        local law enforcement agency shall immediately mail
3        the card to the Department of State Police Firearm
4        Owner's Identification Card Office for safekeeping.
5        The court shall issue a warrant for seizure of any
6        firearm and Firearm Owner's Identification Card in the
7        possession of the respondent, to be kept by the local
8        law enforcement agency for safekeeping, except as
9        provided in subsection (b). The period of safekeeping
10        shall be for the duration of the order of protection.
11        The firearm or firearms and Firearm Owner's
12        Identification Card, if unexpired, shall at the
13        respondent's request, shall be returned to the
14        respondent at the end of the order of protection. It is
15        the respondent's responsibility to notify the
16        Department of State Police Firearm Owner's
17        Identification Card Office.
18            (b) If the respondent is a peace officer as defined
19        in Section 2-13 of the Criminal Code of 1961, the court
20        shall order that any firearms used by the respondent in
21        the performance of his or her duties as a peace officer
22        be surrendered to the chief law enforcement executive
23        of the agency in which the respondent is employed, who
24        shall retain the firearms for safekeeping for the
25        duration of the order of protection.
26            (c) Upon expiration of the period of safekeeping,

 

 

09700SB1034ham004- 89 -LRB097 04765 RLC 70213 a

1        if the firearms or Firearm Owner's Identification Card
2        cannot be returned to respondent because respondent
3        cannot be located, fails to respond to requests to
4        retrieve the firearms, or is not lawfully eligible to
5        possess a firearm, upon petition from the local law
6        enforcement agency, the court may order the local law
7        enforcement agency to destroy the firearms, use the
8        firearms for training purposes, or for any other
9        application as deemed appropriate by the local law
10        enforcement agency; or that the firearms be turned over
11        to a third party who is lawfully eligible to possess
12        firearms, and who does not reside with respondent.
13        (15) Prohibition of access to records. If an order of
14    protection prohibits respondent from having contact with
15    the minor child, or if petitioner's address is omitted
16    under subsection (b) of Section 203, or if necessary to
17    prevent abuse or wrongful removal or concealment of a minor
18    child, the order shall deny respondent access to, and
19    prohibit respondent from inspecting, obtaining, or
20    attempting to inspect or obtain, school or any other
21    records of the minor child who is in the care of
22    petitioner.
23        (16) Order for payment of shelter services. Order
24    respondent to reimburse a shelter providing temporary
25    housing and counseling services to the petitioner for the
26    cost of the services, as certified by the shelter and

 

 

09700SB1034ham004- 90 -LRB097 04765 RLC 70213 a

1    deemed reasonable by the court.
2        (17) Order for injunctive relief. Enter injunctive
3    relief necessary or appropriate to prevent further abuse of
4    a family or household member or further abuse, neglect, or
5    exploitation of a high-risk adult with disabilities or to
6    effectuate one of the granted remedies, if supported by the
7    balance of hardships. If the harm to be prevented by the
8    injunction is abuse or any other harm that one of the
9    remedies listed in paragraphs (1) through (16) of this
10    subsection is designed to prevent, no further evidence is
11    necessary that the harm is an irreparable injury.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including but not limited to the
16    following:
17            (i) the nature, frequency, severity, pattern and
18        consequences of the respondent's past abuse, neglect
19        or exploitation of the petitioner or any family or
20        household member, including the concealment of his or
21        her location in order to evade service of process or
22        notice, and the likelihood of danger of future abuse,
23        neglect, or exploitation to petitioner or any member of
24        petitioner's or respondent's family or household; and
25            (ii) the danger that any minor child will be abused
26        or neglected or improperly removed from the

 

 

09700SB1034ham004- 91 -LRB097 04765 RLC 70213 a

1        jurisdiction, improperly concealed within the State or
2        improperly separated from the child's primary
3        caretaker.
4        (2) In comparing relative hardships resulting to the
5    parties from loss of possession of the family home, the
6    court shall consider relevant factors, including but not
7    limited to the following:
8            (i) availability, accessibility, cost, safety,
9        adequacy, location and other characteristics of
10        alternate housing for each party and any minor child or
11        dependent adult in the party's care;
12            (ii) the effect on the party's employment; and
13            (iii) the effect on the relationship of the party,
14        and any minor child or dependent adult in the party's
15        care, to family, school, church and community.
16        (3) Subject to the exceptions set forth in paragraph
17    (4) of this subsection, the court shall make its findings
18    in an official record or in writing, and shall at a minimum
19    set forth the following:
20            (i) That the court has considered the applicable
21        relevant factors described in paragraphs (1) and (2) of
22        this subsection.
23            (ii) Whether the conduct or actions of respondent,
24        unless prohibited, will likely cause irreparable harm
25        or continued abuse.
26            (iii) Whether it is necessary to grant the

 

 

09700SB1034ham004- 92 -LRB097 04765 RLC 70213 a

1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) For purposes of issuing an ex parte emergency order
4    of protection, the court, as an alternative to or as a
5    supplement to making the findings described in paragraphs
6    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
7    the following procedure:
8        When a verified petition for an emergency order of
9    protection in accordance with the requirements of Sections
10    203 and 217 is presented to the court, the court shall
11    examine petitioner on oath or affirmation. An emergency
12    order of protection shall be issued by the court if it
13    appears from the contents of the petition and the
14    examination of petitioner that the averments are
15    sufficient to indicate abuse by respondent and to support
16    the granting of relief under the issuance of the emergency
17    order of protection.
18        (5) Never married parties. No rights or
19    responsibilities for a minor child born outside of marriage
20    attach to a putative father until a father and child
21    relationship has been established under the Illinois
22    Parentage Act of 1984, the Illinois Public Aid Code,
23    Section 12 of the Vital Records Act, the Juvenile Court Act
24    of 1987, the Probate Act of 1985, the Revised Uniform
25    Reciprocal Enforcement of Support Act, the Uniform
26    Interstate Family Support Act, the Expedited Child Support

 

 

09700SB1034ham004- 93 -LRB097 04765 RLC 70213 a

1    Act of 1990, any judicial, administrative, or other act of
2    another state or territory, any other Illinois statute, or
3    by any foreign nation establishing the father and child
4    relationship, any other proceeding substantially in
5    conformity with the Personal Responsibility and Work
6    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
7    or where both parties appeared in open court or at an
8    administrative hearing acknowledging under oath or
9    admitting by affirmation the existence of a father and
10    child relationship. Absent such an adjudication, finding,
11    or acknowledgement, no putative father shall be granted
12    temporary custody of the minor child, visitation with the
13    minor child, or physical care and possession of the minor
14    child, nor shall an order of payment for support of the
15    minor child be entered.
16    (d) Balance of hardships; findings. If the court finds that
17the balance of hardships does not support the granting of a
18remedy governed by paragraph (2), (3), (10), (11), or (16) of
19subsection (b) of this Section, which may require such
20balancing, the court's findings shall so indicate and shall
21include a finding as to whether granting the remedy will result
22in hardship to respondent that would substantially outweigh the
23hardship to petitioner from denial of the remedy. The findings
24shall be an official record or in writing.
25    (e) Denial of remedies. Denial of any remedy shall not be
26based, in whole or in part, on evidence that:

 

 

09700SB1034ham004- 94 -LRB097 04765 RLC 70213 a

1        (1) Respondent has cause for any use of force, unless
2    that cause satisfies the standards for justifiable use of
3    force provided by Article VII of the Criminal Code of 1961;
4        (2) Respondent was voluntarily intoxicated;
5        (3) Petitioner acted in self-defense or defense of
6    another, provided that, if petitioner utilized force, such
7    force was justifiable under Article VII of the Criminal
8    Code of 1961;
9        (4) Petitioner did not act in self-defense or defense
10    of another;
11        (5) Petitioner left the residence or household to avoid
12    further abuse, neglect, or exploitation by respondent;
13        (6) Petitioner did not leave the residence or household
14    to avoid further abuse, neglect, or exploitation by
15    respondent;
16        (7) Conduct by any family or household member excused
17    the abuse, neglect, or exploitation by respondent, unless
18    that same conduct would have excused such abuse, neglect,
19    or exploitation if the parties had not been family or
20    household members.
21(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
2297-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)".