State of Illinois
91st General Assembly
Legislation

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91_HB2219eng

 
HB2219 Engrossed                               LRB9102791RCks

 1        AN ACT to  create  the  offense  of  aggravated  domestic
 2    battery, amending named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    adding Section 12-3.3 as follows:

 7        (720 ILCS 5/12-3.3 new)
 8        Sec. 12-3.3.  Aggravated domestic battery.
 9        (a)  A  person  who,  in  committing  a domestic battery,
10    intentionally or  knowingly  causes  great  bodily  harm,  or
11    permanent  disability  or  disfigurement  commits  aggravated
12    domestic battery.
13        (b)  Sentence.   Aggravated domestic battery is a Class 2
14    felony.  Any order  of  probation  or  conditional  discharge
15    entered  following  a  conviction  for  an offense under this
16    Section must include, in addition to any other  condition  of
17    probation  or  conditional  discharge,  a  condition that the
18    offender serve a mandatory term of imprisonment of  not  less
19    than  60 consecutive days.  A person convicted of a second or
20    subsequent violation of this Section must be sentenced  to  a
21    mandatory  term  of imprisonment of not less than 3 years and
22    not more than 7 years or an extended term of imprisonment  of
23    not less than 7 years and not more than 14 years.

24        Section  10.  The  Code  of Criminal Procedure of 1963 is
25    amended by changing Sections 110-6.3 and 111-8 as follows:

26        (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
27        Sec. 110-6.3.  Denial of bail in stalking and  aggravated
28    stalking offenses.
29        (a)  Upon verified petition by the State, the court shall
 
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 1    hold  a hearing to determine whether bail should be denied to
 2    a defendant  who  is  charged  with  stalking  or  aggravated
 3    stalking,  when  it is alleged that the defendant's admission
 4    to bail poses a real  and  present  threat  to  the  physical
 5    safety  of  the  alleged victim of the offense, and denial of
 6    release on bail or  personal  recognizance  is  necessary  to
 7    prevent  fulfillment  of  the threat upon which the charge is
 8    based.
 9             (1)  A petition may be filed without prior notice to
10        the defendant at the first appearance before a judge,  or
11        within  21  calendar  days, except as provided in Section
12        110-6, after arrest and release  of  the  defendant  upon
13        reasonable  notice  to defendant; provided that while the
14        petition is pending before the court,  the  defendant  if
15        previously released shall not be detained.
16             (2)  The  hearing shall be held immediately upon the
17        defendant's appearance before the court, unless for  good
18        cause   shown   the   defendant  or  the  State  seeks  a
19        continuance.  A continuance on motion  of  the  defendant
20        may  not exceed 5 calendar days, and the defendant may be
21        held in custody during the continuance.  A continuance on
22        the motion of the State may not exceed 3  calendar  days;
23        however,  the defendant may be held in custody during the
24        continuance under this provision  if  the  defendant  has
25        been  previously  found  to  have  violated  an  order of
26        protection  or  has  been  previously  convicted  of,  or
27        granted court supervision for, any of  the  offenses  set
28        forth  in  Sections  12-2,  12-3.2, 12-3.3, 12-4, 12-4.1,
29        12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16  of
30        the Criminal Code of 1961, against the same person as the
31        alleged  victim  of  the  stalking or aggravated stalking
32        offense.
33        (b)  The court may deny bail to the defendant when, after
34    the hearing, it is determined that:
 
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 1             (1)  the proof is evident or the  presumption  great
 2        that  the defendant has committed the offense of stalking
 3        or aggravated stalking; and
 4             (2)  the defendant poses a real and  present  threat
 5        to  the  physical  safety  of  the  alleged victim of the
 6        offense; and
 7             (3)  the denial  of  release  on  bail  or  personal
 8        recognizance  is  necessary to prevent fulfillment of the
 9        threat upon which the charge is based; and
10             (4)  the  court   finds   that   no   condition   or
11        combination  of conditions set forth in subsection (b) of
12        Section 110-10 of  this  Code,  including  mental  health
13        treatment  at a community mental health center, hospital,
14        or facility of the  Department  of  Human  Services,  can
15        reasonably  assure  the  physical  safety  of the alleged
16        victim of the offense.
17        (c)  Conduct of the hearings.
18             (1)  The hearing on the defendant's culpability  and
19        threat  to  the  alleged  victim  of the offense shall be
20        conducted in accordance with the following provisions:
21                  (A)  Information  used  by  the  court  in  its
22             findings or stated in or offered at the hearing  may
23             be by way of proffer based upon reliable information
24             offered by the State or by defendant.  Defendant has
25             the right to be represented by counsel, and if he is
26             indigent,   to   have  counsel  appointed  for  him.
27             Defendant shall have the opportunity to testify,  to
28             present   witnesses   in  his  own  behalf,  and  to
29             cross-examine witnesses if any  are  called  by  the
30             State.   The  defendant  has  the  right  to present
31             witnesses in his favor.  When the ends of justice so
32             require, the court may exercise its  discretion  and
33             compel the appearance of a complaining witness.  The
34             court shall state on the record reasons for granting
 
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 1             a  defense  request  to  compel  the  presence  of a
 2             complaining  witness.     Cross-examination   of   a
 3             complaining   witness   at  the  pretrial  detention
 4             hearing for the purpose of impeaching  the  witness'
 5             credibility  is  insufficient  reason  to compel the
 6             presence of the witness.   In  deciding  whether  to
 7             compel  the appearance of a complaining witness, the
 8             court shall be  considerate  of  the  emotional  and
 9             physical  well-being  of  the  witness. The pretrial
10             detention hearing is not to be used for the purposes
11             of discovery, and  the  post  arraignment  rules  of
12             discovery  do  not apply.  The State shall tender to
13             the defendant,  prior  to  the  hearing,  copies  of
14             defendant's  criminal history, if any, if available,
15             and any  written  or  recorded  statements  and  the
16             substance of any oral statements made by any person,
17             if  relied  upon  by the State. The rules concerning
18             the admissibility of evidence in criminal trials  do
19             not  apply  to the presentation and consideration of
20             information at the hearing.  At the trial concerning
21             the offense for  which  the  hearing  was  conducted
22             neither  the finding of the court nor any transcript
23             or other record of the hearing shall  be  admissible
24             in   the   State's  case  in  chief,  but  shall  be
25             admissible  for  impeachment,  or  as  provided   in
26             Section  115-10.1  of  this  Code,  or  in a perjury
27             proceeding.
28                  (B)  A motion  by  the  defendant  to  suppress
29             evidence  or  to  suppress a confession shall not be
30             entertained.  Evidence  that  proof  may  have  been
31             obtained  as  the  result  of an unlawful search and
32             seizure or through  improper  interrogation  is  not
33             relevant to this state of the prosecution.
34             (2)  The facts relied upon by the court to support a
 
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 1        finding that:
 2                  (A)  the  defendant  poses  a  real and present
 3             threat to the physical safety of the alleged  victim
 4             of the offense; and
 5                  (B)  the  denial of release on bail or personal
 6             recognizance is necessary to prevent fulfillment  of
 7             the threat upon which the charge is based;
 8        shall  be  supported  by  clear  and  convincing evidence
 9        presented by the State.
10        (d)  Factors to be considered in making  a  determination
11    of the threat to the alleged victim of the offense. The court
12    may,  in determining whether the defendant poses, at the time
13    of the hearing, a real and present  threat  to  the  physical
14    safety  of  the  alleged  victim of the offense, consider but
15    shall not be limited to evidence or testimony concerning:
16             (1)  The nature and  circumstances  of  the  offense
17        charged;
18             (2)  The   history   and   characteristics   of  the
19        defendant including:
20                  (A)  Any  evidence  of  the  defendant's  prior
21             criminal history indicative of violent,  abusive  or
22             assaultive  behavior, or lack of that behavior.  The
23             evidence may include testimony or documents received
24             in juvenile proceedings,  criminal,  quasi-criminal,
25             civil   commitment,   domestic  relations  or  other
26             proceedings;
27                  (B)  Any   evidence    of    the    defendant's
28             psychological,  psychiatric  or other similar social
29             history that tends to indicate a  violent,  abusive,
30             or assaultive nature, or lack of any such history.
31             (3)  The  nature of the threat which is the basis of
32        the charge against the defendant;
33             (4)  Any statements made by, or  attributed  to  the
34        defendant,  together  with  the circumstances surrounding
 
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 1        them;
 2             (5)  The age and physical condition  of  any  person
 3        assaulted by the defendant;
 4             (6)  Whether  the  defendant  is known to possess or
 5        have access to any weapon or weapons;
 6             (7)  Whether, at the time of the current offense  or
 7        any  other  offense  or  arrest,  the  defendant  was  on
 8        probation,  parole, mandatory supervised release or other
 9        release from custody pending trial, sentencing, appeal or
10        completion of sentence for an offense  under  federal  or
11        state law;
12             (8)  Any  other  factors,  including those listed in
13        Section 110-5 of this Code, deemed by the court to have a
14        reasonable bearing upon  the  defendant's  propensity  or
15        reputation  for  violent, abusive or assaultive behavior,
16        or lack of that behavior.
17        (e)  The court shall, in any  order  denying  bail  to  a
18    person charged with stalking or aggravated stalking:
19             (1)  briefly   summarize   the   evidence   of   the
20        defendant's  culpability  and  its reasons for concluding
21        that the defendant should be held without bail;
22             (2)  direct that the defendant be committed  to  the
23        custody of the sheriff for confinement in the county jail
24        pending trial;
25             (3)  direct that the defendant be given a reasonable
26        opportunity  for  private  consultation with counsel, and
27        for  communication  with  others   of   his   choice   by
28        visitation, mail and telephone; and
29             (4)  direct  that  the sheriff deliver the defendant
30        as required for  appearances  in  connection  with  court
31        proceedings.
32        (f)  If  the  court  enters an order for the detention of
33    the defendant under  subsection  (e)  of  this  Section,  the
34    defendant  shall be brought to trial on the offense for which
 
HB2219 Engrossed            -7-                LRB9102791RCks
 1    he is detained within 90 days after the  date  on  which  the
 2    order  for  detention  was  entered.  If the defendant is not
 3    brought to trial within the 90 day period  required  by  this
 4    subsection (f), he shall not be held longer without bail.  In
 5    computing  the 90 day period, the court shall omit any period
 6    of delay resulting from a continuance granted at the  request
 7    of  the  defendant.  The  court  shall immediately notify the
 8    alleged victim of the offense that  the  defendant  has  been
 9    admitted to bail under this subsection.
10        (g)  Any  person  shall  be  entitled to appeal any order
11    entered under this Section denying bail to the defendant.
12        (h)  The State may appeal any order  entered  under  this
13    Section denying any motion for denial of bail.
14        (i)  Nothing  in  this  Section  shall  be  construed  as
15    modifying  or limiting in any way the defendant's presumption
16    of innocence in further criminal proceedings.
17    (Source: P.A. 89-462,  eff.  5-29-96;  89-507,  eff.  7-1-97;
18    90-14, eff. 7-1-97.)

19        (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
20        Sec.  111-8.   Orders  of protection to prohibit domestic
21    violence.
22        (a)  Whenever a violation of Section 9-1, 9-2, 9-3, 10-4,
23    10-5, 11-15, 11-15.1 11-20a, 12-1, 12-2, 12-3, 12-3.3,  12-4,
24    12-4.1,  12-4.3,  12-5,  12-6,  12-11, 12-13, 12-14, 12-14.1,
25    12-15 or 12-16 of the  Criminal  Code  of  1961,  as  now  or
26    hereafter amended, is alleged in an information, complaint or
27    indictment  on  file, and the alleged offender and victim are
28    family or household  members,  as  defined  in  the  Illinois
29    Domestic  Violence  Act,  as  now  or  hereafter amended, the
30    People  through  the  respective  State's  Attorneys  may  by
31    separate petition and upon notice to the defendant, except as
32    provided in subsection (c) herein, request the court to issue
33    an order of protection.
 
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 1        (b)  In addition  to  any  other  remedies  specified  in
 2    Section  208 of the Illinois Domestic Violence Act, as now or
 3    hereafter amended, the order  may  direct  the  defendant  to
 4    initiate  no  contact  with the alleged victim or victims who
 5    are family or household members and to refrain from  entering
 6    the  residence,  school  or  place of business of the alleged
 7    victim or victims.
 8        (c)  The court may grant emergency relief without  notice
 9    upon  a  showing  of immediate and present danger of abuse to
10    the victim or minor children of the victim and  may  enter  a
11    temporary  order  pending  notice  and  full  hearing  on the
12    matter.
13    (Source: P.A. 89-313, eff.  1-1-96;  89-428,  eff.  12-13-95;
14    89-462, eff. 5-29-96.)

15        Section  15.   The  Crime  Victims  Compensation  Act  is
16    amended by changing Section 2 as follows:

17        (740 ILCS 45/2) (from Ch. 70, par. 72)
18        Sec.  2.  Definitions.   As  used in this Act, unless the
19    context otherwise requires:
20        (a)  "Applicant"  means  any  person  who   applies   for
21    compensation under this Act or any person the Court of Claims
22    finds  is entitled to compensation, including the guardian of
23    a minor or of a person under legal  disability.  It  includes
24    any  person  who  was  a  dependent of a deceased victim of a
25    crime of violence for his or her support at the time  of  the
26    death of that victim.
27        (b)  "Court  of Claims" means the Court of Claims created
28    by the Court of Claims Act.
29        (c)  "Crime of violence" means and includes  any  offense
30    defined  in  Sections  9-1,  9-2,  9-3,  10-1,  10-2,  11-11,
31    11-19.2,  11-20.1,  12-1,  12-2,  12-3, 12-3.2, 12-3.3, 12-4,
32    12-4.1, 12-4.2, 12-4.3, 12-5, 12-13, 12-14,  12-14.1,  12-15,
 
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 1    12-16,  12-30,  20-1  or 20-1.1 of the Criminal Code of 1961,
 2    and driving under the influence  of  intoxicating  liquor  or
 3    narcotic  drugs  as defined in Section 11-501 of the Illinois
 4    Vehicle Code, if none of the said offenses occurred during  a
 5    civil  riot,  insurrection or rebellion.  "Crime of violence"
 6    does not include any other offense or  accident  involving  a
 7    motor  vehicle  except  those  vehicle  offenses specifically
 8    provided for in this paragraph.   "Crime  of  violence"  does
 9    include all of the offenses specifically provided for in this
10    paragraph  that  occur  within  this State but are subject to
11    federal  jurisdiction  and  crimes  involving  terrorism   as
12    defined in 18 U.S.C. 2331.
13        (d)  "Victim"  means  (1)  a  person killed or injured in
14    this State as a result of a crime of violence perpetrated  or
15    attempted  against  him  or  her,  (2)  the parent of a child
16    killed or injured in this State as a result  of  a  crime  of
17    violence  perpetrated  or  attempted against the child, (3) a
18    person killed or injured in this State  while  attempting  to
19    assist  a  person  against  whom a crime of violence is being
20    perpetrated or attempted, if that attempt of assistance would
21    be expected of a reasonable man under the circumstances,  (4)
22    a  person  killed  or injured in this State while assisting a
23    law  enforcement  official  apprehend  a   person   who   has
24    perpetrated  a  crime of violence or prevent the perpetration
25    of any such crime if that assistance was in response  to  the
26    express request of the law enforcement official, (5) a person
27    under  the age of 18 who personally witnessed a violent crime
28    perpetrated or attempted against a relative and,  solely  for
29    the  purpose  of compensating for pecuniary loss incurred for
30    psychological treatment of a mental  or  emotional  condition
31    caused or aggravated by the crime, any other person under the
32    age  of  18 who is the brother, sister, half brother, or half
33    sister of a person killed or  injured  in  this  State  as  a
34    result  of  a  crime of violence, or (6) an Illinois resident
 
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 1    who is a victim of a "crime of violence" as defined  in  this
 2    Act  except,  if  the  crime occurred outside this State, the
 3    resident has the same rights under this Act as if  the  crime
 4    had  occurred  in  this  State upon a showing that the state,
 5    territory, country, or political subdivision of a country  in
 6    which  the  crime  occurred  does  not have a compensation of
 7    victims of crimes law for which  that  Illinois  resident  is
 8    eligible.
 9        (e)  "Dependent"  means  a  relative of a deceased victim
10    who was wholly  or  partially  dependent  upon  the  victim's
11    income  at the time of his or her death and shall include the
12    child of a victim born after his or her death.
13        (f)  "Relative"  means  a  spouse,  parent,  grandparent,
14    stepfather,   stepmother,   child,    grandchild,    brother,
15    brother-in-law,  sister,  sister-in-law,  half  brother, half
16    sister, spouse's parent, nephew, niece, uncle or aunt.
17        (g)  "Child" means an unmarried son or  daughter  who  is
18    under  18  years  of age and includes a stepchild, an adopted
19    child or an illegitimate child.
20        (h)  "Pecuniary loss"  means,  in  the  case  of  injury,
21    appropriate  medical expenses and hospital expenses including
22    expenses of medical examinations, rehabilitation,   medically
23    required  nursing care expenses, appropriate psychiatric care
24    or psychiatric counseling  expenses,  expenses  for  care  or
25    counseling  by  a  licensed clinical psychologist or licensed
26    clinical  social  worker  and  expenses  for   treatment   by
27    Christian  Science practitioners and nursing care appropriate
28    thereto; prosthetic appliances, eyeglasses, and hearing  aids
29    necessary  or damaged as a result of the crime; the purchase,
30    lease, or rental of equipment necessary to  create  usability
31    of  and  accessibility  to  the  victim's  real  and personal
32    property, or the real and personal property which is used  by
33    the  victim,  necessary as a result of the crime; replacement
34    services loss, to a maximum of $1000  per  month;  dependents
 
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 1    replacement  services  loss, to a maximum of $1000 per month;
 2    loss of tuition paid to attend grammar school or high  school
 3    when  the  victim  had  been  enrolled as a full-time student
 4    prior to the injury, or college or graduate school  when  the
 5    victim  had been enrolled as a full-time day or night student
 6    prior to  the  injury  when  the  victim  becomes  unable  to
 7    continue  attendance  at  school  as a result of the crime of
 8    violence perpetrated against him or her;  loss  of  earnings,
 9    loss  of future earnings because of disability resulting from
10    the injury, and, in addition, in the case of  death,  funeral
11    and  burial  expenses  to  a  maximum  of  $5,000 and loss of
12    support of the dependents  of  the  victim.  Loss  of  future
13    earnings  shall be reduced by any income from substitute work
14    actually performed by the victim or by income he or she would
15    have earned in available appropriate substitute  work  he  or
16    she  was  capable  of  performing  but unreasonably failed to
17    undertake.  Loss of earnings, loss  of  future  earnings  and
18    loss  of  support  shall  be  determined  on the basis of the
19    victim's average  net  monthly  earnings  for  the  6  months
20    immediately  preceding the date of the injury or on $1000 per
21    month, whichever is less.  If a divorced or legally separated
22    applicant is claiming loss of support for a  minor  child  of
23    the  deceased,  the amount of support for each child shall be
24    based either  on  the  amount  of  support  the  minor  child
25    received  pursuant  to the judgment for the 6 months prior to
26    the date of the deceased victim's injury or death, or, if the
27    subject of pending litigation filed by or on  behalf  of  the
28    divorced  or  legally separated applicant prior to the injury
29    or death,  on  the  result  of  that  litigation.   Real  and
30    personal  property includes, but is not limited to, vehicles,
31    houses, apartments, town houses, or condominiums.   Pecuniary
32    loss  does not include pain and suffering or property loss or
33    damage.
34        (i)  "Replacement   services   loss"    means    expenses
 
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 1    reasonably  incurred  in  obtaining  ordinary  and  necessary
 2    services  in  lieu  of  those  the permanently injured person
 3    would have performed, not for income, but for the benefit  of
 4    himself or herself or his or her family, if he or she had not
 5    been permanently injured.
 6        (j)  "Dependents  replacement  services  loss" means loss
 7    reasonably incurred by dependents after a victim's  death  in
 8    obtaining  ordinary  and  necessary services in lieu of those
 9    the victim would have performed,  not  for  income,  but  for
10    their benefit, if he or she had not been fatally injured.
11    (Source: P.A.  89-313,  eff.  1-1-96;  89-428, eff. 12-13-95;
12    89-462, eff.  5-29-96;  90-136,  eff.  1-1-98;  90-492,  eff.
13    8-17-97; 90-655, eff. 7-30-98; 90-708, eff. 8-7-98.)

14        Section  20.   The  Illinois  Marriage and Dissolution of
15    Marriage Act is amended by changing Section 503 as follows:

16        (750 ILCS 5/503) (from Ch. 40, par. 503)
17        (Text of Section before amendment by P.A. 90-731)
18        Sec. 503.  Disposition of property.
19        (a)  For purposes of this Act, "marital  property"  means
20    all  property  acquired  by  either  spouse subsequent to the
21    marriage,  except  the   following,   which   is   known   as
22    "non-marital property":
23             (1)  property acquired by gift, legacy or descent;
24             (2)  property  acquired  in  exchange  for  property
25        acquired  before the marriage or in exchange for property
26        acquired by gift, legacy or descent;
27             (3)  property acquired by a spouse after a  judgment
28        of legal separation;
29             (4)  property  excluded  by  valid  agreement of the
30        parties;
31             (5)  any judgment or property obtained  by  judgment
32        awarded to a spouse from the other spouse;
 
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 1             (6)  property acquired before the marriage;
 2             (7)  the increase in value of property acquired by a
 3        method  listed  in  paragraphs  (1)  through  (6) of this
 4        subsection, irrespective of whether the increase  results
 5        from  a  contribution  of  marital  property, non-marital
 6        property, the personal effort of a spouse, or  otherwise,
 7        subject   to  the  right  of  reimbursement  provided  in
 8        subsection (c) of this Section; and
 9             (8)  income  from  property  acquired  by  a  method
10        listed in paragraphs (1) through (7)  of this  subsection
11        if  the income is not attributable to the personal effort
12        of a spouse.
13        (b)  For purposes of distribution of property pursuant to
14    this Section, all property acquired by  either  spouse  after
15    the marriage and before a judgment of dissolution of marriage
16    or   declaration   of   invalidity   of  marriage,  including
17    non-marital  property   transferred   into   some   form   of
18    co-ownership  between  the spouses, is presumed to be marital
19    property, regardless of whether title is held individually or
20    by the spouses in some form of  co-ownership  such  as  joint
21    tenancy,  tenancy  in  common,  tenancy  by  the entirety, or
22    community property.  The presumption of marital  property  is
23    overcome  by  a  showing  that the property was acquired by a
24    method listed in subsection (a) of this Section.
25        (c)  Commingled marital and non-marital property shall be
26    treated in the following manner, unless otherwise  agreed  by
27    the spouses:
28             (1)  When   marital  and  non-marital  property  are
29        commingled by contributing one estate  of  property  into
30        another   resulting   in   a  loss  of  identity  of  the
31        contributed   property,   the   classification   of   the
32        contributed  property  is  transmuted   to   the   estate
33        receiving  the contribution, subject to the provisions of
34        paragraph  (2)  of  this  subsection;  provided  that  if
 
HB2219 Engrossed            -14-               LRB9102791RCks
 1        marital and  non-marital  property  are  commingled  into
 2        newly  acquired  property resulting in a loss of identity
 3        of the  contributing  estates,  the  commingled  property
 4        shall  be  deemed transmuted to marital property, subject
 5        to the provisions of paragraph (2) of this subsection.
 6             (2)  When   one   estate   of   property   makes   a
 7        contribution to another estate of  property,  or  when  a
 8        spouse   contributes   personal   effort  to  non-marital
 9        property, the contributing  estate  shall  be  reimbursed
10        from    the    estate    receiving    the    contribution
11        notwithstanding any transmutation; provided, that no such
12        reimbursement   shall   be   made   with   respect  to  a
13        contribution  which  is  not  retraceable  by  clear  and
14        convincing evidence, or was a gift, or, in the case of  a
15        contribution   of   personal   effort   of  a  spouse  to
16        non-marital property, unless the  effort  is  significant
17        and   results   in   substantial   appreciation   of  the
18        non-marital property.  Personal effort of a spouse  shall
19        be  deemed  a  contribution  by  the marital estate.  The
20        court may provide for reimbursement out  of  the  marital
21        property  to be divided or by imposing a lien against the
22        non-marital property which received the contribution.
23        (d)  In a  proceeding  for  dissolution  of  marriage  or
24    declaration of invalidity of marriage, or in a proceeding for
25    disposition  of property following dissolution of marriage by
26    a court which lacked personal jurisdiction  over  the  absent
27    spouse or lacked jurisdiction to dispose of the property, the
28    court shall assign each spouse's non-marital property to that
29    spouse.   It  also  shall divide the marital property without
30    regard to marital misconduct in just proportions  considering
31    all relevant factors, including:
32             (1)  the   contribution   of   each   party  to  the
33        acquisition, preservation, or  increase  or  decrease  in
34        value  of  the marital or non-marital property, including
 
HB2219 Engrossed            -15-               LRB9102791RCks
 1        the contribution of a spouse as a  homemaker  or  to  the
 2        family unit;
 3             (2)  the dissipation by each party of the marital or
 4        non-marital property;
 5             (3)  the  value  of  the  property  assigned to each
 6        spouse;
 7             (4)  the duration of the marriage;
 8             (5)  the relevant  economic  circumstances  of  each
 9        spouse  when  the  division  of  property  is  to  become
10        effective,  including  the  desirability  of awarding the
11        family home, or the right to live therein for  reasonable
12        periods, to the spouse having custody of the children;
13             (6)  any obligations and rights arising from a prior
14        marriage of either party;
15             (7)  any antenuptial agreement of the parties;
16             (8)  the  age,  health,  station, occupation, amount
17        and sources of income, vocational skills,  employability,
18        estate, liabilities, and needs of each of the parties;
19             (9)  the custodial provisions for any children;
20             (10)  whether  the apportionment is in lieu of or in
21        addition to maintenance;
22             (11)  the reasonable opportunity of each spouse  for
23        future acquisition of capital assets and income; and
24             (12)  the  tax consequences of the property division
25        upon  the  respective  economic  circumstances   of   the
26        parties.
27        (e)  Each spouse has a species of common ownership in the
28    marital   property   which  vests  at  the  time  dissolution
29    proceedings are  commenced  and  continues  only  during  the
30    pendency  of  the  action.   Any  such  interest  in  marital
31    property  shall  not encumber that property so as to restrict
32    its transfer, assignment or conveyance by  the  title  holder
33    unless such title holder is specifically enjoined from making
34    such transfer, assignment or conveyance.
 
HB2219 Engrossed            -16-               LRB9102791RCks
 1        (f)  In  a  proceeding  for  dissolution  of  marriage or
 2    declaration of invalidity of marriage or in a proceeding  for
 3    disposition  of property following dissolution of marriage by
 4    a court that lacked personal  jurisdiction  over  the  absent
 5    spouse or lacked jurisdiction to dispose of the property, the
 6    court,   in   determining   the  value  of  the  marital  and
 7    non-marital property for purposes of dividing  the  property,
 8    shall  value  the  property  as  of the date of trial or some
 9    other date as close to the date of trial as is practicable.
10        (g)  The court if necessary to protect  and  promote  the
11    best interests of the children may set aside a portion of the
12    jointly  or  separately  held  estates  of  the  parties in a
13    separate  fund  or  trust  for  the   support,   maintenance,
14    education,  and  general  welfare of any minor, dependent, or
15    incompetent child of the parties.  In making a  determination
16    under  this  subsection,  the court may consider, among other
17    things, the conviction of a party of any of the offenses  set
18    forth  in Section 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14,
19    12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 if  the
20    victim is a child of one or both of the parties, and there is
21    a need for, and cost of, care, healing and counseling for the
22    child who is the victim of the crime.
23        (h)  Unless  specifically  directed by a reviewing court,
24    or upon good cause shown,  the  court  shall  not  on  remand
25    consider  any  increase  or  decrease  in  the  value  of any
26    "marital"  or  "non-marital"  property  occurring  since  the
27    assessment of such property at the original trial or hearing,
28    but shall use only that assessment made at the original trial
29    or hearing.
30        (i)  The court may  make  such  judgments  affecting  the
31    marital  property  as  may  be  just  and  may  enforce  such
32    judgments  by  ordering  a  sale  of  marital  property, with
33    proceeds therefrom to be applied as determined by the court.
34        (j)  After proofs have closed in the final hearing on all
 
HB2219 Engrossed            -17-               LRB9102791RCks
 1    other issues between the parties (or in conjunction with  the
 2    final  hearing,  if  all  parties  so  stipulate)  and before
 3    judgment is entered, a party's petition for  contribution  to
 4    fees  and costs incurred in the proceeding shall be heard and
 5    decided, in accordance with the following provisions:
 6             (1)  A  petition  for  contribution,  if  not  filed
 7        before the final hearing  on  other  issues  between  the
 8        parties,  shall  be filed no later than 30 days after the
 9        closing of proofs in the final  hearing  or  within  such
10        other period as the court orders.
11             (2)  Any award of contribution to one party from the
12        other  party  shall be based on the criteria for division
13        of marital  property  under  this  Section  503  and,  if
14        maintenance  has  been  awarded,  on  the criteria for an
15        award of maintenance under Section 504.
16             (3)  The filing of a petition for contribution shall
17        not  be  deemed   to   constitute   a   waiver   of   the
18        attorney-client  privilege  between the petitioning party
19        and current or former counsel; and such  a  waiver  shall
20        not   constitute   a   prerequisite   to  a  hearing  for
21        contribution.   If   either   party's   presentation   on
22        contribution, however, includes evidence within the scope
23        of  the  attorney-client  privilege,  the  disclosure  or
24        disclosures  shall be narrowly construed and shall not be
25        deemed by the court to constitute a general waiver of the
26        privilege  as  to  matters  beyond  the  scope   of   the
27        presentation.
28             (4)  No  finding  on  which  a contribution award is
29        based or denied shall  be  asserted  against  counsel  or
30        former   counsel   for  purposes  of  any  hearing  under
31        subsection (c) or (e) of Section 508.
32             (5)  A contribution award  (payable  to  either  the
33        petitioning  party or the party's counsel, or jointly, as
34        the court determines) may be in the form of either a  set
 
HB2219 Engrossed            -18-               LRB9102791RCks
 1        dollar  amount  or  a  percentage of fees and costs (or a
 2        portion of fees and costs) to be subsequently agreed upon
 3        by the petitioning party and counsel  or,  alternatively,
 4        thereafter determined in a hearing pursuant to subsection
 5        (c) of Section 508 or previously or thereafter determined
 6        in  an  independent  proceeding  under  subsection (e) of
 7        Section 508.
 8             (6)  The changes to this Section 503  made  by  this
 9        amendatory Act of 1996 apply to cases pending on or after
10        June  1,  1997,  except  as otherwise provided in Section
11        508.
12    (Source: P.A. 88-45;  89-428,  eff.  12-13-95;  89-462,  eff.
13    5-29-96; 89-712, eff. 6-1-97.)

14        (Text of Section after amendment by P.A. 90-731)
15        Sec. 503.  Disposition of property.
16        (a)  For  purposes  of this Act, "marital property" means
17    all property acquired by  either  spouse  subsequent  to  the
18    marriage,   except   the   following,   which   is  known  as
19    "non-marital property":
20             (1)  property acquired by gift, legacy or descent;
21             (2)  property  acquired  in  exchange  for  property
22        acquired before the marriage or in exchange for  property
23        acquired by gift, legacy or descent;
24             (3)  property  acquired by a spouse after a judgment
25        of legal separation;
26             (4)  property excluded by  valid  agreement  of  the
27        parties;
28             (5)  any  judgment  or property obtained by judgment
29        awarded to a spouse from the other spouse;
30             (6)  property acquired before the marriage;
31             (7)  the increase in value of property acquired by a
32        method listed in  paragraphs  (1)  through  (6)  of  this
33        subsection,  irrespective of whether the increase results
34        from a  contribution  of  marital  property,  non-marital
 
HB2219 Engrossed            -19-               LRB9102791RCks
 1        property,  the personal effort of a spouse, or otherwise,
 2        subject  to  the  right  of  reimbursement  provided   in
 3        subsection (c) of this Section; and
 4             (8)  income  from  property  acquired  by  a  method
 5        listed  in paragraphs (1) through (7)  of this subsection
 6        if the income is not attributable to the personal  effort
 7        of a spouse.
 8        (b)(1)  For purposes of distribution of property pursuant
 9    to this Section, all property acquired by either spouse after
10    the marriage and before a judgment of dissolution of marriage
11    or   declaration   of   invalidity   of  marriage,  including
12    non-marital  property   transferred   into   some   form   of
13    co-ownership  between  the spouses, is presumed to be marital
14    property, regardless of whether title is held individually or
15    by the spouses in some form of  co-ownership  such  as  joint
16    tenancy,  tenancy  in  common,  tenancy  by  the entirety, or
17    community property.  The presumption of marital  property  is
18    overcome  by  a  showing  that the property was acquired by a
19    method listed in subsection (a) of this Section.
20        (2)  For purposes of distribution of property pursuant to
21    this  Section,  all  pension  benefits   (including   pension
22    benefits  under the Illinois Pension Code) acquired by either
23    spouse  after  the  marriage  and  before   a   judgment   of
24    dissolution  of  marriage or declaration of invalidity of the
25    marriage are presumed to be marital property,  regardless  of
26    which   spouse   participates   in  the  pension  plan.   The
27    presumption that these pension benefits are marital  property
28    is  overcome  by  a  showing  that  the pension benefits were
29    acquired by  a  method  listed  in  subsection  (a)  of  this
30    Section.  The right to a division of pension benefits in just
31    proportions  under  this Section is enforceable under Section
32    1-119 of the Illinois Pension Code.
33        The value of pension  benefits  in  a  retirement  system
34    subject  to  the Illinois Pension Code shall be determined in
 
HB2219 Engrossed            -20-               LRB9102791RCks
 1    accordance with the valuation procedures established  by  the
 2    retirement system.
 3        The  recognition  of pension benefits as marital property
 4    and the division of those benefits pursuant  to  a  Qualified
 5    Illinois Domestic Relations Order shall not be deemed to be a
 6    diminishment,  alienation,  or  impairment of those benefits.
 7    The division of pension benefits is an allocation of property
 8    in which each spouse has a species of common ownership.
 9        (c)  Commingled marital and non-marital property shall be
10    treated in the following manner, unless otherwise  agreed  by
11    the spouses:
12             (1)  When   marital  and  non-marital  property  are
13        commingled by contributing one estate  of  property  into
14        another   resulting   in   a  loss  of  identity  of  the
15        contributed   property,   the   classification   of   the
16        contributed  property  is  transmuted   to   the   estate
17        receiving  the contribution, subject to the provisions of
18        paragraph  (2)  of  this  subsection;  provided  that  if
19        marital and  non-marital  property  are  commingled  into
20        newly  acquired  property resulting in a loss of identity
21        of the  contributing  estates,  the  commingled  property
22        shall  be  deemed transmuted to marital property, subject
23        to the provisions of paragraph (2) of this subsection.
24             (2)  When   one   estate   of   property   makes   a
25        contribution to another estate of  property,  or  when  a
26        spouse   contributes   personal   effort  to  non-marital
27        property, the contributing  estate  shall  be  reimbursed
28        from    the    estate    receiving    the    contribution
29        notwithstanding any transmutation; provided, that no such
30        reimbursement   shall   be   made   with   respect  to  a
31        contribution  which  is  not  retraceable  by  clear  and
32        convincing evidence, or was a gift, or, in the case of  a
33        contribution   of   personal   effort   of  a  spouse  to
34        non-marital property, unless the  effort  is  significant
 
HB2219 Engrossed            -21-               LRB9102791RCks
 1        and   results   in   substantial   appreciation   of  the
 2        non-marital property.  Personal effort of a spouse  shall
 3        be  deemed  a  contribution  by  the marital estate.  The
 4        court may provide for reimbursement out  of  the  marital
 5        property  to be divided or by imposing a lien against the
 6        non-marital property which received the contribution.
 7        (d)  In a  proceeding  for  dissolution  of  marriage  or
 8    declaration of invalidity of marriage, or in a proceeding for
 9    disposition  of property following dissolution of marriage by
10    a court which lacked personal jurisdiction  over  the  absent
11    spouse or lacked jurisdiction to dispose of the property, the
12    court shall assign each spouse's non-marital property to that
13    spouse.   It  also  shall divide the marital property without
14    regard to marital misconduct in just proportions  considering
15    all relevant factors, including:
16             (1)  the   contribution   of   each   party  to  the
17        acquisition, preservation, or  increase  or  decrease  in
18        value  of  the marital or non-marital property, including
19        the contribution of a spouse as a  homemaker  or  to  the
20        family unit;
21             (2)  the dissipation by each party of the marital or
22        non-marital property;
23             (3)  the  value  of  the  property  assigned to each
24        spouse;
25             (4)  the duration of the marriage;
26             (5)  the relevant  economic  circumstances  of  each
27        spouse  when  the  division  of  property  is  to  become
28        effective,  including  the  desirability  of awarding the
29        family home, or the right to live therein for  reasonable
30        periods, to the spouse having custody of the children;
31             (6)  any obligations and rights arising from a prior
32        marriage of either party;
33             (7)  any antenuptial agreement of the parties;
34             (8)  the  age,  health,  station, occupation, amount
 
HB2219 Engrossed            -22-               LRB9102791RCks
 1        and sources of income, vocational skills,  employability,
 2        estate, liabilities, and needs of each of the parties;
 3             (9)  the custodial provisions for any children;
 4             (10)  whether  the apportionment is in lieu of or in
 5        addition to maintenance;
 6             (11)  the reasonable opportunity of each spouse  for
 7        future acquisition of capital assets and income; and
 8             (12)  the  tax consequences of the property division
 9        upon  the  respective  economic  circumstances   of   the
10        parties.
11        (e)  Each spouse has a species of common ownership in the
12    marital   property   which  vests  at  the  time  dissolution
13    proceedings are  commenced  and  continues  only  during  the
14    pendency  of  the  action.   Any  such  interest  in  marital
15    property  shall  not encumber that property so as to restrict
16    its transfer, assignment or conveyance by  the  title  holder
17    unless such title holder is specifically enjoined from making
18    such transfer, assignment or conveyance.
19        (f)  In  a  proceeding  for  dissolution  of  marriage or
20    declaration of invalidity of marriage or in a proceeding  for
21    disposition  of property following dissolution of marriage by
22    a court that lacked personal  jurisdiction  over  the  absent
23    spouse or lacked jurisdiction to dispose of the property, the
24    court,   in   determining   the  value  of  the  marital  and
25    non-marital property for purposes of dividing  the  property,
26    shall  value  the  property  as  of the date of trial or some
27    other date as close to the date of trial as is practicable.
28        (g)  The court if necessary to protect  and  promote  the
29    best interests of the children may set aside a portion of the
30    jointly  or  separately  held  estates  of  the  parties in a
31    separate  fund  or  trust  for  the   support,   maintenance,
32    education,  and  general  welfare of any minor, dependent, or
33    incompetent child of the parties.  In making a  determination
34    under  this  subsection,  the court may consider, among other
 
HB2219 Engrossed            -23-               LRB9102791RCks
 1    things, the conviction of a party of any of the offenses  set
 2    forth in Section 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13,
 3    12-14,  12-14.1, 12-15, or 12-16 of the Criminal Code of 1961
 4    if the victim is a child of one or both of the  parties,  and
 5    there  is  a  need  for,  and  cost  of,  care,  healing  and
 6    counseling for the child who is the victim of the crime.
 7        (h)  Unless  specifically  directed by a reviewing court,
 8    or upon good cause shown,  the  court  shall  not  on  remand
 9    consider  any  increase  or  decrease  in  the  value  of any
10    "marital"  or  "non-marital"  property  occurring  since  the
11    assessment of such property at the original trial or hearing,
12    but shall use only that assessment made at the original trial
13    or hearing.
14        (i)  The court may  make  such  judgments  affecting  the
15    marital  property  as  may  be  just  and  may  enforce  such
16    judgments  by  ordering  a  sale  of  marital  property, with
17    proceeds therefrom to be applied as determined by the court.
18        (j)  After proofs have closed in the final hearing on all
19    other issues between the parties (or in conjunction with  the
20    final  hearing,  if  all  parties  so  stipulate)  and before
21    judgment is entered, a party's petition for  contribution  to
22    fees  and costs incurred in the proceeding shall be heard and
23    decided, in accordance with the following provisions:
24             (1)  A  petition  for  contribution,  if  not  filed
25        before the final hearing  on  other  issues  between  the
26        parties,  shall  be filed no later than 30 days after the
27        closing of proofs in the final  hearing  or  within  such
28        other period as the court orders.
29             (2)  Any award of contribution to one party from the
30        other  party  shall be based on the criteria for division
31        of marital  property  under  this  Section  503  and,  if
32        maintenance  has  been  awarded,  on  the criteria for an
33        award of maintenance under Section 504.
34             (3)  The filing of a petition for contribution shall
 
HB2219 Engrossed            -24-               LRB9102791RCks
 1        not  be  deemed   to   constitute   a   waiver   of   the
 2        attorney-client  privilege  between the petitioning party
 3        and current or former counsel; and such  a  waiver  shall
 4        not   constitute   a   prerequisite   to  a  hearing  for
 5        contribution.   If   either   party's   presentation   on
 6        contribution, however, includes evidence within the scope
 7        of  the  attorney-client  privilege,  the  disclosure  or
 8        disclosures  shall be narrowly construed and shall not be
 9        deemed by the court to constitute a general waiver of the
10        privilege  as  to  matters  beyond  the  scope   of   the
11        presentation.
12             (4)  No  finding  on  which  a contribution award is
13        based or denied shall  be  asserted  against  counsel  or
14        former   counsel   for  purposes  of  any  hearing  under
15        subsection (c) or (e) of Section 508.
16             (5)  A contribution award  (payable  to  either  the
17        petitioning  party or the party's counsel, or jointly, as
18        the court determines) may be in the form of either a  set
19        dollar  amount  or  a  percentage of fees and costs (or a
20        portion of fees and costs) to be subsequently agreed upon
21        by the petitioning party and counsel  or,  alternatively,
22        thereafter determined in a hearing pursuant to subsection
23        (c) of Section 508 or previously or thereafter determined
24        in  an  independent  proceeding  under  subsection (e) of
25        Section 508.
26             (6)  The changes to this Section 503  made  by  this
27        amendatory Act of 1996 apply to cases pending on or after
28        June  1,  1997,  except  as otherwise provided in Section
29        508.
30    (Source: P.A. 88-45;  89-428,  eff.  12-13-95;  89-462,  eff.
31    5-29-96; 89-712, eff. 6-1-97; 90-731, eff. 7-1-99.)

32        Section  95.   No  acceleration or delay.  Where this Act
33    makes changes in a statute that is represented in this Act by
 
HB2219 Engrossed            -25-               LRB9102791RCks
 1    text that is not yet or no longer in effect (for  example,  a
 2    Section  represented  by  multiple versions), the use of that
 3    text does not accelerate or delay the taking  effect  of  (i)
 4    the  changes made by this Act or (ii) provisions derived from
 5    any other Public Act.

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