101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5392

 

Introduced , by Rep. Thomas Morrison - Grant Wehrli - Avery Bourne - Amy Grant - Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-4  from Ch. 38, par. 112A-4
725 ILCS 5/112A-4.5
750 ILCS 60/201  from Ch. 40, par. 2312-1

    Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that a person who is a victim of human trafficking, regardless of the relationship between the victim and the trafficker, is protected by both the Code and the Act. Provides that a person who has been the victim of human trafficking, or a person on behalf of a minor child or an adult who has been the victim of human trafficking, may file a petition for an order of protection.


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A BILL FOR

 

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1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-4 and 112A-4.5 as follows:
 
6    (725 ILCS 5/112A-4)  (from Ch. 38, par. 112A-4)
7    Sec. 112A-4. Persons protected by this Article.
8    (a) The following persons are protected by this Article in
9cases involving domestic violence:
10        (1) any person abused by a family or household member;
11        (2) any minor child or dependent adult in the care of
12    such person;
13        (3) any person residing or employed at a private home
14    or public shelter which is housing an abused family or
15    household member; and
16        (4) any of the following persons if the person is
17    abused by a family or household member of a child:
18            (i) a foster parent of that child if the child has
19        been placed in the foster parent's home by the
20        Department of Children and Family Services or by
21        another state's public child welfare agency;
22            (ii) a legally appointed guardian or legally
23        appointed custodian of that child;

 

 

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1            (iii) an adoptive parent of that child; or
2            (iv) a prospective adoptive parent of that child if
3        the child has been placed in the prospective adoptive
4        parent's home pursuant to the Adoption Act or pursuant
5        to another state's law; and .
6        (5) any person who is a victim of human trafficking,
7    regardless of the relationship between the victim and the
8    trafficker.
9    For purposes of this paragraph (a)(4), individuals who
10would have been considered "family or household members" of the
11child under paragraph (3) of subsection (b) of Section 112A-3
12before a termination of the parental rights with respect to the
13child continue to meet the definition of "family or household
14members" of the child.
15    (a-5) The following persons are protected by this Article
16in cases involving sexual offenses:
17        (1) any victim of non-consensual sexual conduct or
18    non-consensual sexual penetration on whose behalf the
19    petition is brought;
20        (2) any family or household member of the named victim;
21    and
22        (3) any employee of or volunteer at a rape crisis
23    center.
24    (a-10) The following persons are protected by this Article
25in cases involving stalking offenses:
26        (1) any victim of stalking; and

 

 

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1        (2) any family or household member of the named victim.
2    (b) (Blank).
3(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19.)
 
4    (725 ILCS 5/112A-4.5)
5    Sec. 112A-4.5. Who may file petition.
6    (a) A petition for a domestic violence order of protection
7may be filed:
8        (1) by a named victim who has been abused by a family
9    or household member;
10        (2) by any person or by the State's Attorney on behalf
11    of a named victim who is a minor child or an adult who has
12    been abused by a family or household member and who,
13    because of age, health, disability, or inaccessibility,
14    cannot file the petition;
15        (3) by a State's Attorney on behalf of any minor child
16    or dependent adult in the care of the named victim, if the
17    named victim does not file a petition or request the
18    State's Attorney file the petition; or
19        (4) any of the following persons if the person is
20    abused by a family or household member of a child:
21            (i) a foster parent of that child if the child has
22        been placed in the foster parent's home by the
23        Department of Children and Family Services or by
24        another state's public child welfare agency;
25            (ii) a legally appointed guardian or legally

 

 

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1        appointed custodian of that child;
2            (iii) an adoptive parent of that child;
3            (iv) a prospective adoptive parent of that child if
4        the child has been placed in the prospective adoptive
5        parent's home pursuant to the Adoption Act or pursuant
6        to another state's law; or .
7        (5) by a person who has been the victim of human
8    trafficking, or by any person on behalf of a minor child or
9    an adult who has been the victim of human trafficking and
10    who, because of age, health, disability, or
11    inaccessibility, cannot file the petition.
12    For purposes of this paragraph (a)(4), individuals who
13would have been considered "family or household members" of the
14child under paragraph (3) of subsection (b) of Section 112A-3
15before a termination of the parental rights with respect to the
16child continue to meet the definition of "family or household
17members" of the child.
18    (b) A petition for a civil no contact order may be filed:
19        (1) by any person who is a named victim of
20    non-consensual sexual conduct or non-consensual sexual
21    penetration, including a single incident of non-consensual
22    sexual conduct or non-consensual sexual penetration;
23        (2) by a person or by the State's Attorney on behalf of
24    a named victim who is a minor child or an adult who is a
25    victim of non-consensual sexual conduct or non-consensual
26    sexual penetration but, because of age, disability,

 

 

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1    health, or inaccessibility, cannot file the petition; or
2        (3) by a State's Attorney on behalf of any minor child
3    who is a family or household member of the named victim, if
4    the named victim does not file a petition or request the
5    State's Attorney file the petition.
6    (c) A petition for a stalking no contact order may be
7filed:
8        (1) by any person who is a named victim of stalking;
9        (2) by a person or by the State's Attorney on behalf of
10    a named victim who is a minor child or an adult who is a
11    victim of stalking but, because of age, disability, health,
12    or inaccessibility, cannot file the petition; or
13        (3) by a State's Attorney on behalf of any minor child
14    who is a family or household member of the named victim, if
15    the named victim does not file a petition or request the
16    State's Attorney file the petition.
17    (d) The State's Attorney shall file a petition on behalf of
18any person who may file a petition under subsections (a), (b),
19or (c) of this Section if the person requests the State's
20Attorney to file a petition on the person's behalf, unless the
21State's Attorney has a good faith basis to delay filing the
22petition. The State's Attorney shall inform the person that the
23State's Attorney will not be filing the petition at that time
24and that the person may file a petition or may retain an
25attorney to file the petition. The State's Attorney may file
26the petition at a later date.

 

 

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1    (d-5) (1) A person eligible to file a petition under
2subsection (a), (b), or (c) of this Section may retain an
3attorney to represent the petitioner on the petitioner's
4request for a protective order. The attorney's representation
5is limited to matters related to the petition and relief
6authorized under this Article.
7    (2) Advocates shall be allowed to accompany the petitioner
8and confer with the victim, unless otherwise directed by the
9court. Advocates are not engaged in the unauthorized practice
10of law when providing assistance to the petitioner.
11    (e) Any petition properly filed under this Article may seek
12protection for any additional persons protected by this
13Article.
14(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;
15100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
16    Section 10. The Illinois Domestic Violence Act of 1986 is
17amended by changing Section 201 as follows:
 
18    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
19    Sec. 201. Persons protected by this Act.
20    (a) The following persons are protected by this Act:
21        (i) any person abused by a family or household member;
22        (ii) any high-risk adult with disabilities who is
23    abused, neglected, or exploited by a family or household
24    member;

 

 

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1        (iii) any minor child or dependent adult in the care of
2    such person;
3        (iv) any person residing or employed at a private home
4    or public shelter which is housing an abused family or
5    household member; and
6        (v) any of the following persons if the person is
7    abused by a family or household member of a child:
8            (A) a foster parent of that child if the child has
9        been placed in the foster parent's home by the
10        Department of Children and Family Services or by
11        another state's public child welfare agency;
12            (B) a legally appointed guardian or legally
13        appointed custodian of that child;
14            (C) an adoptive parent of that child; or
15            (D) a prospective adoptive parent of that child if
16        the child has been placed in the prospective adoptive
17        parent's home pursuant to the Adoption Act or pursuant
18        to another state's law; and .
19        (vi) any person who is a victim of human trafficking,
20    regardless of the relationship between the victim and the
21    trafficker.
22    For purposes of this paragraph (a)(v), individuals who
23would have been considered "family or household members" of the
24child under subsection (6) of Section 103 of this Act before a
25termination of the parental rights with respect to the child
26continue to meet the definition of "family or household

 

 

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1members" of the child.
2    (b) A petition for an order of protection may be filed
3only:
4        (i) by a person who has been abused by a family or
5household member or by any person on behalf of a minor child or
6an adult who has been abused by a family or household member
7and who, because of age, health, disability, or
8inaccessibility, cannot file the petition;
9        (ii) by any person on behalf of a high-risk adult with
10    disabilities who has been abused, neglected, or exploited
11    by a family or household member; or
12        (iii) any of the following persons if the person is
13    abused by a family or household member of a child:
14            (A) a foster parent of that child if the child has
15        been placed in the foster parent's home by the
16        Department of Children and Family Services or by
17        another state's public child welfare agency;
18            (B) a legally appointed guardian or legally
19        appointed custodian of that child;
20            (C) an adoptive parent of that child;
21            (D) a prospective adoptive parent of that child if
22        the child has been placed in the prospective adoptive
23        parent's home pursuant to the Adoption Act or pursuant
24        to another state's law; or .
25        (iv) by a person who has been the victim of human
26    trafficking, or by any person on behalf of a minor child or

 

 

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1    an adult who has been the victim of human trafficking and
2    who, because of age, health, disability, or
3    inaccessibility, cannot file the petition.
4    For purposes of this paragraph (b)(iii), individuals who
5would have been considered "family or household members" of the
6child under subsection (6) of Section 103 of this Act before a
7termination of the parental rights with respect to the child
8continue to meet the definition of "family or household
9members" of the child.
10    (c) Any petition properly filed under this Act may seek
11protection for any additional persons protected by this Act.
12(Source: P.A. 100-639, eff. 1-1-19.)