101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3632

 

Introduced , by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/3  from Ch. 23, par. 2053
725 ILCS 5/112A-3  from Ch. 38, par. 112A-3
750 ILCS 60/103  from Ch. 40, par. 2311-3

    Amends the Abused and Neglected Child Reporting Act. Provides that an "abused child" includes a child whose parent or immediate family member, among others, causes or permits a child to suffer unjustifiable or significant mental suffering. Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "abuse" includes emotional abuse. Defines "emotional abuse" as unjustifiable or significant mental suffering caused or permitted by a person to another person.


LRB101 10933 LNS 56095 b

 

 

A BILL FOR

 

HB3632LRB101 10933 LNS 56095 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 3 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Agency" means a child care facility licensed under Section
162.05 or Section 2.06 of the Child Care Act of 1969 and includes
17a transitional living program that accepts children and adult
18residents for placement who are in the guardianship of the
19Department.
20    "Blatant disregard" means an incident where the real,
21significant, and imminent risk of harm would be so obvious to a
22reasonable parent or caretaker that it is unlikely that a
23reasonable parent or caretaker would have exposed the child to

 

 

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1the danger without exercising precautionary measures to
2protect the child from harm. With respect to a person working
3at an agency in his or her professional capacity with a child
4or adult resident, "blatant disregard" includes a failure by
5the person to perform job responsibilities intended to protect
6the child's or adult resident's health, physical well-being, or
7welfare, and, when viewed in light of the surrounding
8circumstances, evidence exists that would cause a reasonable
9person to believe that the child was neglected. With respect to
10an agency, "blatant disregard" includes a failure to implement
11practices that ensure the health, physical well-being, or
12welfare of the children and adult residents residing in the
13facility.
14    "Child" means any person under the age of 18 years, unless
15legally emancipated by reason of marriage or entry into a
16branch of the United States armed services.
17    "Department" means Department of Children and Family
18Services.
19    "Local law enforcement agency" means the police of a city,
20town, village or other incorporated area or the sheriff of an
21unincorporated area or any sworn officer of the Illinois
22Department of State Police.
23    "Abused child" means a child whose parent or immediate
24family member, or any person responsible for the child's
25welfare, or any individual residing in the same home as the
26child, or a paramour of the child's parent:

 

 

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1        (a) inflicts, causes to be inflicted, or allows to be
2    inflicted upon such child physical injury, by other than
3    accidental means, which causes death, disfigurement,
4    impairment of physical or emotional health, or loss or
5    impairment of any bodily function;
6        (b) creates a substantial risk of physical injury to
7    such child by other than accidental means which would be
8    likely to cause death, disfigurement, impairment of
9    physical or emotional health, or loss or impairment of any
10    bodily function;
11        (b-5) causes or permits a child to suffer unjustifiable
12    or significant mental suffering;
13        (c) commits or allows to be committed any sex offense
14    against such child, as such sex offenses are defined in the
15    Criminal Code of 2012 or in the Wrongs to Children Act, and
16    extending those definitions of sex offenses to include
17    children under 18 years of age;
18        (d) commits or allows to be committed an act or acts of
19    torture upon such child;
20        (e) inflicts excessive corporal punishment or, in the
21    case of a person working for an agency who is prohibited
22    from using corporal punishment, inflicts corporal
23    punishment upon a child or adult resident with whom the
24    person is working in his or her professional capacity;
25        (f) commits or allows to be committed the offense of
26    female genital mutilation, as defined in Section 12-34 of

 

 

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1    the Criminal Code of 2012, against the child;
2        (g) causes to be sold, transferred, distributed, or
3    given to such child under 18 years of age, a controlled
4    substance as defined in Section 102 of the Illinois
5    Controlled Substances Act in violation of Article IV of the
6    Illinois Controlled Substances Act or in violation of the
7    Methamphetamine Control and Community Protection Act,
8    except for controlled substances that are prescribed in
9    accordance with Article III of the Illinois Controlled
10    Substances Act and are dispensed to such child in a manner
11    that substantially complies with the prescription; or
12        (h) commits or allows to be committed the offense of
13    involuntary servitude, involuntary sexual servitude of a
14    minor, or trafficking in persons as defined in Section 10-9
15    of the Criminal Code of 2012 against the child.
16    A child shall not be considered abused for the sole reason
17that the child has been relinquished in accordance with the
18Abandoned Newborn Infant Protection Act.
19    "Neglected child" means any child who is not receiving the
20proper or necessary nourishment or medically indicated
21treatment including food or care not provided solely on the
22basis of the present or anticipated mental or physical
23impairment as determined by a physician acting alone or in
24consultation with other physicians or otherwise is not
25receiving the proper or necessary support or medical or other
26remedial care recognized under State law as necessary for a

 

 

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1child's well-being, or other care necessary for his or her
2well-being, including adequate food, clothing and shelter; or
3who is subjected to an environment which is injurious insofar
4as (i) the child's environment creates a likelihood of harm to
5the child's health, physical well-being, or welfare and (ii)
6the likely harm to the child is the result of a blatant
7disregard of parent, caretaker, or agency responsibilities; or
8who is abandoned by his or her parents or other person
9responsible for the child's welfare without a proper plan of
10care; or who has been provided with interim crisis intervention
11services under Section 3-5 of the Juvenile Court Act of 1987
12and whose parent, guardian, or custodian refuses to permit the
13child to return home and no other living arrangement agreeable
14to the parent, guardian, or custodian can be made, and the
15parent, guardian, or custodian has not made any other
16appropriate living arrangement for the child; or who is a
17newborn infant whose blood, urine, or meconium contains any
18amount of a controlled substance as defined in subsection (f)
19of Section 102 of the Illinois Controlled Substances Act or a
20metabolite thereof, with the exception of a controlled
21substance or metabolite thereof whose presence in the newborn
22infant is the result of medical treatment administered to the
23mother or the newborn infant. A child shall not be considered
24neglected for the sole reason that the child's parent or other
25person responsible for his or her welfare has left the child in
26the care of an adult relative for any period of time. A child

 

 

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1shall not be considered neglected for the sole reason that the
2child has been relinquished in accordance with the Abandoned
3Newborn Infant Protection Act. A child shall not be considered
4neglected or abused for the sole reason that such child's
5parent or other person responsible for his or her welfare
6depends upon spiritual means through prayer alone for the
7treatment or cure of disease or remedial care as provided under
8Section 4 of this Act. A child shall not be considered
9neglected or abused solely because the child is not attending
10school in accordance with the requirements of Article 26 of The
11School Code, as amended.
12    "Child Protective Service Unit" means certain specialized
13State employees of the Department assigned by the Director to
14perform the duties and responsibilities as provided under
15Section 7.2 of this Act.
16    "Near fatality" means an act that, as certified by a
17physician, places the child in serious or critical condition,
18including acts of great bodily harm inflicted upon children
19under 13 years of age, and as otherwise defined by Department
20rule.
21    "Great bodily harm" includes bodily injury which creates a
22high probability of death, or which causes serious permanent
23disfigurement, or which causes a permanent or protracted loss
24or impairment of the function of any bodily member or organ, or
25other serious bodily harm.
26    "Person responsible for the child's welfare" means the

 

 

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1child's parent; guardian; foster parent; relative caregiver;
2any person responsible for the child's welfare in a public or
3private residential agency or institution; any person
4responsible for the child's welfare within a public or private
5profit or not for profit child care facility; or any other
6person responsible for the child's welfare at the time of the
7alleged abuse or neglect, including any person that is the
8custodian of a child under 18 years of age who commits or
9allows to be committed, against the child, the offense of
10involuntary servitude, involuntary sexual servitude of a
11minor, or trafficking in persons for forced labor or services,
12as provided in Section 10-9 of the Criminal Code of 2012, or
13any person who came to know the child through an official
14capacity or position of trust, including but not limited to
15health care professionals, educational personnel, recreational
16supervisors, members of the clergy, and volunteers or support
17personnel in any setting where children may be subject to abuse
18or neglect.
19    "Temporary protective custody" means custody within a
20hospital or other medical facility or a place previously
21designated for such custody by the Department, subject to
22review by the Court, including a licensed foster home, group
23home, or other institution; but such place shall not be a jail
24or other place for the detention of criminal or juvenile
25offenders.
26    "An unfounded report" means any report made under this Act

 

 

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1for which it is determined after an investigation that no
2credible evidence of abuse or neglect exists.
3    "An indicated report" means a report made under this Act if
4an investigation determines that credible evidence of the
5alleged abuse or neglect exists.
6    "An undetermined report" means any report made under this
7Act in which it was not possible to initiate or complete an
8investigation on the basis of information provided to the
9Department.
10    "Subject of report" means any child reported to the central
11register of child abuse and neglect established under Section
127.7 of this Act as an alleged victim of child abuse or neglect
13and the parent or guardian of the alleged victim or other
14person responsible for the alleged victim's welfare who is
15named in the report or added to the report as an alleged
16perpetrator of child abuse or neglect.
17    "Perpetrator" means a person who, as a result of
18investigation, has been determined by the Department to have
19caused child abuse or neglect.
20    "Member of the clergy" means a clergyman or practitioner of
21any religious denomination accredited by the religious body to
22which he or she belongs.
23(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
24    Section 10. The Code of Criminal Procedure of 1963 is
25amended by changing Section 112A-3 as follows:
 

 

 

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1    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
2    Sec. 112A-3. Definitions.
3    (a) In this Article:
4    "Advocate" means a person whose communications with the
5victim are privileged under Section 8-802.1 or 8-802.2 of the
6Code of Civil Procedure or Section 227 of the Illinois Domestic
7Violence Act of 1986.
8    "Named victim" means the person named as the victim in the
9delinquency petition or criminal prosecution.
10    "Protective order" means a domestic violence order of
11protection, a civil no contact order, or a stalking no contact
12order.
13    (b) For the purposes of domestic violence cases, the
14following terms shall have the following meanings in this
15Article:
16        (1) "Abuse" means physical abuse, emotional abuse,
17    harassment, intimidation of a dependent, interference with
18    personal liberty or willful deprivation but does not
19    include reasonable direction of a minor child by a parent
20    or person in loco parentis.
21        (2) "Domestic violence" means abuse as described in
22    paragraph (1) of this subsection (b).
23        (2.5) "Emotional abuse" means unjustifiable or
24    significant mental suffering caused or permitted by a
25    person to another person.

 

 

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1        (3) "Family or household members" include spouses,
2    former spouses, parents, children, stepchildren, and other
3    persons related by blood or by present or prior marriage,
4    persons who share or formerly shared a common dwelling,
5    persons who have or allegedly have a child in common,
6    persons who share or allegedly share a blood relationship
7    through a child, persons who have or have had a dating or
8    engagement relationship, persons with disabilities and
9    their personal assistants, and caregivers as defined in
10    subsection (e) of Section 12-4.4a of the Criminal Code of
11    2012. For purposes of this paragraph (3), neither a casual
12    acquaintanceship nor ordinary fraternization between 2
13    individuals in business or social contexts shall be deemed
14    to constitute a dating relationship.
15        (4) "Harassment" means knowing conduct which is not
16    necessary to accomplish a purpose which is reasonable under
17    the circumstances; would cause a reasonable person
18    emotional distress; and does cause emotional distress to
19    the petitioner. Unless the presumption is rebutted by a
20    preponderance of the evidence, the following types of
21    conduct shall be presumed to cause emotional distress:
22            (i) creating a disturbance at petitioner's place
23        of employment or school;
24            (ii) repeatedly telephoning petitioner's place of
25        employment, home or residence;
26            (iii) repeatedly following petitioner about in a

 

 

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1        public place or places;
2            (iv) repeatedly keeping petitioner under
3        surveillance by remaining present outside his or her
4        home, school, place of employment, vehicle or other
5        place occupied by petitioner or by peering in
6        petitioner's windows;
7            (v) improperly concealing a minor child from
8        petitioner, repeatedly threatening to improperly
9        remove a minor child of petitioner's from the
10        jurisdiction or from the physical care of petitioner,
11        repeatedly threatening to conceal a minor child from
12        petitioner, or making a single such threat following an
13        actual or attempted improper removal or concealment,
14        unless respondent was fleeing from an incident or
15        pattern of domestic violence; or
16            (vi) threatening physical force, confinement or
17        restraint on one or more occasions.
18        (5) "Interference with personal liberty" means
19    committing or threatening physical abuse, harassment,
20    intimidation or willful deprivation so as to compel another
21    to engage in conduct from which she or he has a right to
22    abstain or to refrain from conduct in which she or he has a
23    right to engage.
24        (6) "Intimidation of a dependent" means subjecting a
25    person who is dependent because of age, health, or
26    disability to participation in or the witnessing of:

 

 

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1    physical force against another or physical confinement or
2    restraint of another which constitutes physical abuse as
3    defined in this Article, regardless of whether the abused
4    person is a family or household member.
5        (7) "Order of protection" or "domestic violence order
6    of protection" means an ex parte or final order, granted
7    pursuant to this Article, which includes any or all of the
8    remedies authorized by Section 112A-14 of this Code.
9        (8) "Petitioner" may mean not only any named petitioner
10    for the domestic violence order of protection and any named
11    victim of abuse on whose behalf the petition is brought,
12    but also any other person protected by this Article.
13        (9) "Physical abuse" includes sexual abuse and means
14    any of the following:
15            (i) knowing or reckless use of physical force,
16        confinement or restraint;
17            (ii) knowing, repeated and unnecessary sleep
18        deprivation; or
19            (iii) knowing or reckless conduct which creates an
20        immediate risk of physical harm.
21        (9.3) "Respondent" in a petition for a domestic
22    violence order of protection means the defendant.
23        (9.5) "Stay away" means for the respondent to refrain
24    from both physical presence and nonphysical contact with
25    the petitioner whether direct, indirect (including, but
26    not limited to, telephone calls, mail, email, faxes, and

 

 

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1    written notes), or through third parties who may or may not
2    know about the domestic violence order of protection.
3        (10) "Willful deprivation" means wilfully denying a
4    person who because of age, health or disability requires
5    medication, medical care, shelter, accessible shelter or
6    services, food, therapeutic device, or other physical
7    assistance, and thereby exposing that person to the risk of
8    physical, mental or emotional harm, except with regard to
9    medical care and treatment when such dependent person has
10    expressed the intent to forgo such medical care or
11    treatment. This paragraph (10) does not create any new
12    affirmative duty to provide support to dependent persons.
13    (c) For the purposes of cases involving sexual offenses,
14the following terms shall have the following meanings in this
15Article:
16        (1) "Civil no contact order" means an ex parte or final
17    order granted under this Article, which includes a remedy
18    authorized by Section 112A-14.5 of this Code.
19        (2) "Family or household members" include spouses,
20    parents, children, stepchildren, and persons who share a
21    common dwelling.
22        (3) "Non-consensual" means a lack of freely given
23    agreement.
24        (4) "Petitioner" means not only any named petitioner
25    for the civil no contact order and any named victim of
26    non-consensual sexual conduct or non-consensual sexual

 

 

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1    penetration on whose behalf the petition is brought, but
2    includes any other person sought to be protected under this
3    Article.
4        (5) "Respondent" in a petition for a civil no contact
5    order means the defendant.
6        (6) "Sexual conduct" means any intentional or knowing
7    touching or fondling by the petitioner or the respondent,
8    either directly or through clothing, of the sex organs,
9    anus, or breast of the petitioner or the respondent, or any
10    part of the body of a child under 13 years of age, or any
11    transfer or transmission of semen by the respondent upon
12    any part of the clothed or unclothed body of the
13    petitioner, for the purpose of sexual gratification or
14    arousal of the petitioner or the respondent.
15        (7) "Sexual penetration" means any contact, however
16    slight, between the sex organ or anus of one person by an
17    object, the sex organ, mouth or anus of another person, or
18    any intrusion, however slight, of any part of the body of
19    one person or of any animal or object into the sex organ or
20    anus of another person, including, but not limited to,
21    cunnilingus, fellatio, or anal penetration. Evidence of
22    emission of semen is not required to prove sexual
23    penetration.
24        (8) "Stay away" means to refrain from both physical
25    presence and nonphysical contact with the petitioner
26    directly, indirectly, or through third parties who may or

 

 

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1    may not know of the order. "Nonphysical contact" includes,
2    but is not limited to, telephone calls, mail, e-mail, fax,
3    and written notes.
4    (d) For the purposes of cases involving stalking offenses,
5the following terms shall have the following meanings in this
6Article:
7        (1) "Course of conduct" means 2 or more acts,
8    including, but not limited to, acts in which a respondent
9    directly, indirectly, or through third parties, by any
10    action, method, device, or means follows, monitors,
11    observes, surveils, threatens, or communicates to or
12    about, a person, engages in other contact, or interferes
13    with or damages a person's property or pet. A course of
14    conduct may include contact via electronic communications.
15    The incarceration of a person in a penal institution who
16    commits the course of conduct is not a bar to prosecution.
17        (2) "Emotional distress" means significant mental
18    suffering, anxiety, or alarm.
19        (3) "Contact" includes any contact with the victim,
20    that is initiated or continued without the victim's
21    consent, or that is in disregard of the victim's expressed
22    desire that the contact be avoided or discontinued,
23    including, but not limited to, being in the physical
24    presence of the victim; appearing within the sight of the
25    victim; approaching or confronting the victim in a public
26    place or on private property; appearing at the workplace or

 

 

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1    residence of the victim; entering onto or remaining on
2    property owned, leased, or occupied by the victim; or
3    placing an object on, or delivering an object to, property
4    owned, leased, or occupied by the victim.
5        (4) "Petitioner" means any named petitioner for the
6    stalking no contact order or any named victim of stalking
7    on whose behalf the petition is brought.
8        (5) "Reasonable person" means a person in the
9    petitioner's circumstances with the petitioner's knowledge
10    of the respondent and the respondent's prior acts.
11        (6) "Respondent" in a petition for a civil no contact
12    order means the defendant.
13        (7) "Stalking" means engaging in a course of conduct
14    directed at a specific person, and he or she knows or
15    should know that this course of conduct would cause a
16    reasonable person to fear for his or her safety or the
17    safety of a third person or suffer emotional distress.
18    "Stalking" does not include an exercise of the right to
19    free speech or assembly that is otherwise lawful or
20    picketing occurring at the workplace that is otherwise
21    lawful and arises out of a bona fide labor dispute,
22    including any controversy concerning wages, salaries,
23    hours, working conditions or benefits, including health
24    and welfare, sick leave, insurance, and pension or
25    retirement provisions, the making or maintaining of
26    collective bargaining agreements, and the terms to be

 

 

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1    included in those agreements.
2        (8) "Stalking no contact order" means an ex parte or
3    final order granted under this Article, which includes a
4    remedy authorized by Section 112A-14.7 of this Code.
5(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
6    Section 15. The Illinois Domestic Violence Act of 1986 is
7amended by changing Section 103 as follows:
 
8    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
9    Sec. 103. Definitions. For the purposes of this Act, the
10following terms shall have the following meanings:
11    (1) "Abuse" means physical abuse, emotional abuse,
12harassment, intimidation of a dependent, interference with
13personal liberty or willful deprivation but does not include
14reasonable direction of a minor child by a parent or person in
15loco parentis.
16    (2) "Adult with disabilities" means an elder adult with
17disabilities or a high-risk adult with disabilities. A person
18may be an adult with disabilities for purposes of this Act even
19though he or she has never been adjudicated an incompetent
20adult. However, no court proceeding may be initiated or
21continued on behalf of an adult with disabilities over that
22adult's objection, unless such proceeding is approved by his or
23her legal guardian, if any.
24    (3) "Domestic violence" means abuse as defined in paragraph

 

 

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1(1).
2    (4) "Elder adult with disabilities" means an adult
3prevented by advanced age from taking appropriate action to
4protect himself or herself from abuse by a family or household
5member.
6    (4.5) "Emotional abuse" means unjustifiable or significant
7mental suffering caused or permitted by a person to another
8person.
9    (5) "Exploitation" means the illegal, including tortious,
10use of a high-risk adult with disabilities or of the assets or
11resources of a high-risk adult with disabilities. Exploitation
12includes, but is not limited to, the misappropriation of assets
13or resources of a high-risk adult with disabilities by undue
14influence, by breach of a fiduciary relationship, by fraud,
15deception, or extortion, or the use of such assets or resources
16in a manner contrary to law.
17    (6) "Family or household members" include spouses, former
18spouses, parents, children, stepchildren and other persons
19related by blood or by present or prior marriage, persons who
20share or formerly shared a common dwelling, persons who have or
21allegedly have a child in common, persons who share or
22allegedly share a blood relationship through a child, persons
23who have or have had a dating or engagement relationship,
24persons with disabilities and their personal assistants, and
25caregivers as defined in Section 12-4.4a of the Criminal Code
26of 2012. For purposes of this paragraph, neither a casual

 

 

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1acquaintanceship nor ordinary fraternization between 2
2individuals in business or social contexts shall be deemed to
3constitute a dating relationship. In the case of a high-risk
4adult with disabilities, "family or household members"
5includes any person who has the responsibility for a high-risk
6adult as a result of a family relationship or who has assumed
7responsibility for all or a portion of the care of a high-risk
8adult with disabilities voluntarily, or by express or implied
9contract, or by court order.
10    (7) "Harassment" means knowing conduct which is not
11necessary to accomplish a purpose that is reasonable under the
12circumstances; would cause a reasonable person emotional
13distress; and does cause emotional distress to the petitioner.
14Unless the presumption is rebutted by a preponderance of the
15evidence, the following types of conduct shall be presumed to
16cause emotional distress:
17        (i) creating a disturbance at petitioner's place of
18    employment or school;
19        (ii) repeatedly telephoning petitioner's place of
20    employment, home or residence;
21        (iii) repeatedly following petitioner about in a
22    public place or places;
23        (iv) repeatedly keeping petitioner under surveillance
24    by remaining present outside his or her home, school, place
25    of employment, vehicle or other place occupied by
26    petitioner or by peering in petitioner's windows;

 

 

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1        (v) improperly concealing a minor child from
2    petitioner, repeatedly threatening to improperly remove a
3    minor child of petitioner's from the jurisdiction or from
4    the physical care of petitioner, repeatedly threatening to
5    conceal a minor child from petitioner, or making a single
6    such threat following an actual or attempted improper
7    removal or concealment, unless respondent was fleeing an
8    incident or pattern of domestic violence; or
9        (vi) threatening physical force, confinement or
10    restraint on one or more occasions.
11    (8) "High-risk adult with disabilities" means a person aged
1218 or over whose physical or mental disability impairs his or
13her ability to seek or obtain protection from abuse, neglect,
14or exploitation.
15    (9) "Interference with personal liberty" means committing
16or threatening physical abuse, harassment, intimidation or
17willful deprivation so as to compel another to engage in
18conduct from which she or he has a right to abstain or to
19refrain from conduct in which she or he has a right to engage.
20    (10) "Intimidation of a dependent" means subjecting a
21person who is dependent because of age, health or disability to
22participation in or the witnessing of: physical force against
23another or physical confinement or restraint of another which
24constitutes physical abuse as defined in this Act, regardless
25of whether the abused person is a family or household member.
26    (11) (A) "Neglect" means the failure to exercise that

 

 

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1degree of care toward a high-risk adult with disabilities which
2a reasonable person would exercise under the circumstances and
3includes but is not limited to:
4        (i) the failure to take reasonable steps to protect a
5    high-risk adult with disabilities from acts of abuse;
6        (ii) the repeated, careless imposition of unreasonable
7    confinement;
8        (iii) the failure to provide food, shelter, clothing,
9    and personal hygiene to a high-risk adult with disabilities
10    who requires such assistance;
11        (iv) the failure to provide medical and rehabilitative
12    care for the physical and mental health needs of a
13    high-risk adult with disabilities; or
14        (v) the failure to protect a high-risk adult with
15    disabilities from health and safety hazards.
16    (B) Nothing in this subsection (10) shall be construed to
17impose a requirement that assistance be provided to a high-risk
18adult with disabilities over his or her objection in the
19absence of a court order, nor to create any new affirmative
20duty to provide support to a high-risk adult with disabilities.
21    (12) "Order of protection" means an emergency order,
22interim order or plenary order, granted pursuant to this Act,
23which includes any or all of the remedies authorized by Section
24214 of this Act.
25    (13) "Petitioner" may mean not only any named petitioner
26for the order of protection and any named victim of abuse on

 

 

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1whose behalf the petition is brought, but also any other person
2protected by this Act.
3    (14) "Physical abuse" includes sexual abuse and means any
4of the following:
5        (i) knowing or reckless use of physical force,
6    confinement or restraint;
7        (ii) knowing, repeated and unnecessary sleep
8    deprivation; or
9        (iii) knowing or reckless conduct which creates an
10    immediate risk of physical harm.
11    (14.5) "Stay away" means for the respondent to refrain from
12both physical presence and nonphysical contact with the
13petitioner whether direct, indirect (including, but not
14limited to, telephone calls, mail, email, faxes, and written
15notes), or through third parties who may or may not know about
16the order of protection.
17    (15) "Willful deprivation" means wilfully denying a person
18who because of age, health or disability requires medication,
19medical care, shelter, accessible shelter or services, food,
20therapeutic device, or other physical assistance, and thereby
21exposing that person to the risk of physical, mental or
22emotional harm, except with regard to medical care or treatment
23when the dependent person has expressed an intent to forgo such
24medical care or treatment. This paragraph does not create any
25new affirmative duty to provide support to dependent persons.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)