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Public Act 92-0253
SB938 Enrolled LRB9204069RCdv
AN ACT in relation to domestic violence.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-3 as follows:
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions. For the purposes of this
Article, the following terms shall have the following
meanings:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person
in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1).
(3) "Family or household members" include spouses,
former spouses, parents, children, stepchildren and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common, persons
who share or allegedly share a blood relationship through a
child, persons who have or have had a dating or engagement
relationship, and persons with disabilities and their
personal assistants, and caregivers as defined in paragraph
(3) of subsection (b) of Section 12-21 of the Criminal Code
of 1961. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed to
constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under
the circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the
petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of conduct
shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place of
employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other place
occupied by petitioner or by peering in petitioner's
windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly remove a
minor child of petitioner's from the jurisdiction or from
the physical care of petitioner, repeatedly threatening
to conceal a minor child from petitioner, or making a
single such threat following an actual or attempted
improper removal or concealment, unless respondent was
fleeing from an incident or pattern of domestic violence;
or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to
abstain or to refrain from conduct in which she or he has a
right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability
to participation in or the witnessing of: physical force
against another or physical confinement or restraint of
another which constitutes physical abuse as defined in this
Article, regardless of whether the abused person is a family
or household member.
(7) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this
Article, which includes any or all of the remedies authorized
by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other
person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means any
of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of
physical, mental or emotional harm, except with regard to
medical care and treatment when such dependent person has
expressed the intent to forgo such medical care or treatment.
This paragraph does not create any new affirmative duty to
provide support to dependent persons.
(Source: P.A. 87-1186.)
Section 10. The Illinois Domestic Violence Act of 1986
is amended by changing Section 103 as follows:
(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
Sec. 103. Definitions. For the purposes of this Act,
the following terms shall have the following meanings:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person
in loco parentis.
(2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A
person may be an adult with disabilities for purposes of this
Act even though he or she has never been adjudicated an
incompetent adult. However, no court proceeding may be
initiated or continued on behalf of an adult with
disabilities over that adult's objection, unless such
proceeding is approved by his or her legal guardian, if any.
(3) "Domestic violence" means abuse as defined in
paragraph (1).
(4) "Elder adult with disabilities" means an adult
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or
household member.
(5) "Exploitation" means the illegal, including
tortious, use of a high-risk adult with disabilities or of
the assets or resources of a high-risk adult with
disabilities. Exploitation includes, but is not limited to,
the misappropriation of assets or resources of a high-risk
adult with disabilities by undue influence, by breach of a
fiduciary relationship, by fraud, deception, or extortion, or
the use of such assets or resources in a manner contrary to
law.
(6) "Family or household members" include spouses,
former spouses, parents, children, stepchildren and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common, persons
who share or allegedly share a blood relationship through a
child, persons who have or have had a dating or engagement
relationship, and persons with disabilities and their
personal assistants, and caregivers as defined in paragraph
(3) of subsection (b) of Section 12-21 of the Criminal Code
of 1961. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed to
constitute a dating relationship. In the case of a
high-risk adult with disabilities, "family or household
members" includes any person who has the responsibility for a
high-risk adult as a result of a family relationship or who
has assumed responsibility for all or a portion of the care
of a high-risk adult with disabilities voluntarily, or by
express or implied contract, or by court order.
(7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under
the circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the
petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of conduct
shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place of
employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other place
occupied by petitioner or by peering in petitioner's
windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly remove a
minor child of petitioner's from the jurisdiction or from
the physical care of petitioner, repeatedly threatening
to conceal a minor child from petitioner, or making a
single such threat following an actual or attempted
improper removal or concealment, unless respondent was
fleeing an incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(8) "High-risk adult with disabilities" means a person
aged 18 or over whose physical or mental disability impairs
his or her ability to seek or obtain protection from abuse,
neglect, or exploitation.
(9) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to
abstain or to refrain from conduct in which she or he has a
right to engage.
(10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability
to participation in or the witnessing of: physical force
against another or physical confinement or restraint of
another which constitutes physical abuse as defined in this
Act, regardless of whether the abused person is a family or
household member.
(11) (A) "Neglect" means the failure to exercise that
degree of care toward a high-risk adult with disabilities
which a reasonable person would exercise under the
circumstances and includes but is not limited to:
(i) the failure to take reasonable steps to protect
a high-risk adult with disabilities from acts of abuse;
(ii) the repeated, careless imposition of
unreasonable confinement;
(iii) the failure to provide food, shelter,
clothing, and personal hygiene to a high-risk adult with
disabilities who requires such assistance;
(iv) the failure to provide medical and
rehabilitative care for the physical and mental health
needs of a high-risk adult with disabilities; or
(v) the failure to protect a high-risk adult with
disabilities from health and safety hazards.
(B) Nothing in this subsection (10) shall be construed
to impose a requirement that assistance be provided to a
high-risk adult with disabilities over his or her objection
in the absence of a court order, nor to create any new
affirmative duty to provide support to a high-risk adult with
disabilities.
(12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by
Section 214 of this Act.
(13) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other
person protected by this Act.
(14) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(15) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of
physical, mental or emotional harm, except with regard to
medical care or treatment when the dependent person has
expressed an intent to forgo such medical care or treatment.
This paragraph does not create any new affirmative duty to
provide support to dependent persons.
(Source: P.A. 86-542; 87-1186.)
Passed in the General Assembly May 08, 2001.
Approved August 03, 2001.
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