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1    AN ACT concerning harassment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Sexual
5Harassment No Contact Order Act.
 
6    Section 5. Purpose. Sexual harassment is a form of sex
7discrimination based on an individual's actual or perceived sex
8or gender that includes unwelcome sexual advances, requests for
9sexual favors, and other verbal or physical harassment of a
10sexual nature. In some instances, sexual harassment can cause
11severe emotional and physical distress, yet does not rise to a
12criminal offense. In these situations, the person who is the
13subject of the sexual harassment should be able to seek a civil
14remedy requiring only that the person committing the sexual
15harassment stay away from the victim. The purpose of this Act
16is to prevent harassment that is sexual in nature by
17co-workers, neighbors, strangers, and acquaintances.
 
18    Section 10. Definitions. As used in this Act:
19    "Contact" includes any contact with the petitioner that is
20initiated or continued without the petitioner's consent, or
21that is in disregard of the petitioner's expressed desire that
22the contact be avoided or discontinued, including, but not

 

 

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1limited to: being in the physical presence of the petitioner;
2intentionally appearing within the sight of the petitioner;
3approaching or confronting the petitioner in a public place or
4on private property; appearing at the workplace or residence of
5the petitioner; entering onto or remaining on property owned,
6leased, or occupied by the petitioner; or placing an object on,
7or delivering an object to, property owned, leased, or occupied
8by the petitioner.
9    "Course of conduct" means 2 or more acts, including, but
10not limited to, acts in which a respondent directly,
11indirectly, or through third parties, by any action, method,
12device, or means: sexually harasses; makes unwelcome sexual
13advances, requests, or threats; or engages in other contact
14that is sexual in nature. "Course of conduct" includes contact
15via electronic communications. The incarceration of a person in
16a penal institution who commits the course of conduct is not a
17bar to relief under this Act.
18    "Emotional distress" means significant mental suffering,
19anxiety, or alarm.
20    "Petitioner" means any named petitioner for the sexual
21harassment no contact order or any named complainant of sexual
22harassment on whose behalf the petition is brought.
23    "Reasonable person" means a person in the petitioner's
24circumstances with the petitioner's knowledge of the
25respondent and the respondent's prior acts.
26    "Sexual harassment" means engaging in a course of conduct,

 

 

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1as defined by this Section, that is directed at a specific
2person based on that individual's actual or perceived sex or
3gender that causes that person emotional distress, and the
4person engaging in the conduct knows or should know that this
5course of conduct would cause a reasonable person emotional
6distress.
7    "Sexual harassment no contact order" means an emergency
8order or plenary order granted under this Act. "Sexual
9harassment no contact order" includes a remedy authorized by
10Section 80.
 
11    Section 15. Persons protected by this Act. If relief is not
12available to the petitioner under the Illinois Domestic
13Violence Act of 1986, the Stalking No Contact Order Act, or the
14Civil No Contact Order Act, a petition for a sexual harassment
15no contact order may be filed by a person:
16    (1) who is the subject of sexual harassment; or
17    (2) on behalf of a minor child or an adult who is a subject
18of sexual harassment but, because of age, disability, health,
19or inaccessibility, cannot file the petition.
 
20    Section 20. Commencement of action; filing fees.
21    (a) An action for a sexual harassment no contact order may
22be commenced:
23        (1) independently, by filing a petition for a sexual
24    harassment no contact order in any circuit court, unless

 

 

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1    specific divisions of the circuit court are designated by
2    local rule or order; or
3        (2) in conjunction with a delinquency petition or a
4    criminal prosecution as provided in Article 112A of the
5    Code of Criminal Procedure of 1963.
6    (b) If the petitioner is represented by the State,
7withdrawal or dismissal of a petition for a sexual harassment
8no contact order prior to adjudication shall operate as a
9dismissal without prejudice. No action for a sexual harassment
10no contact order shall be dismissed solely because the
11respondent is being prosecuted for a crime against the
12petitioner. For an action commenced under paragraph (2) of
13subsection (a) of this Section, dismissal of the conjoined case
14(or a finding of not guilty) shall not require dismissal of the
15action for a sexual harassment no contact order; instead, it
16may be treated as an independent action and, if necessary and
17appropriate, transferred to a different court or division.
18    (c) No fee shall be charged by the clerk of the court for
19filing a petition, or modifying or certifying an order, under
20this Act. No fee shall be charged by the sheriff for service by
21the sheriff of a petition, rule, motion, or order in an action
22commenced under this Section.
23    (d) The court shall provide, through the office of the
24clerk of the court, simplified forms for the filing of a
25petition under this Section by a person not represented by
26counsel.
 

 

 

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1    Section 25. Pleading; nondisclosure of address.
2    (a) A petition for a sexual harassment no contact order
3shall be in writing and verified or accompanied by an affidavit
4and shall allege that the petitioner has been the subject of
5sexual harassment by the respondent.
6    (b) If the petition states that disclosure of the
7petitioner's address would risk abuse of the petitioner or any
8member of the petitioner's family or household, that address
9may be omitted from all documents filed with the court. If the
10petitioner has not disclosed an address under this subsection,
11the petitioner shall designate an alternative address at which
12the respondent may serve notice of any motions.
 
13    Section 30. Application of rules of civil procedure; victim
14advocates.
15    (a) A proceeding to obtain, modify, reopen, or appeal a
16sexual harassment no contact order shall be governed by the
17rules of civil procedure of this State. The standard of proof
18in the proceeding is proof by a preponderance of the evidence.
19The Code of Civil Procedure and Supreme Court and local court
20rules applicable to civil proceedings shall apply, except as
21otherwise provided by this Act.
22    (b) In circuit courts, victim advocates shall be allowed to
23accompany the petitioner and confer with the petitioner, unless
24otherwise directed by the court. Victim advocates include, but

 

 

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1are not limited to, rape crisis center advocates. Court
2administrators shall allow victim advocates to assist sexual
3harassment petitioners in the preparation of petitions for
4sexual harassment no contact orders. Victim advocates are not
5engaged in the unauthorized practice of law when providing
6assistance of the types specified in this subsection (b).
 
7    Section 35. Appointment of counsel. The court may appoint
8counsel to represent the petitioner if the respondent is
9represented by counsel.
 
10    Section 40. Trial by jury. There is no right to trial by
11jury in any proceeding to obtain, modify, vacate, or extend a
12sexual harassment no contact order. However, nothing in this
13Section limits or denies any otherwise existing right to trial
14by jury in a criminal proceeding.
 
15    Section 45. Subject matter jurisdiction. Each of the
16circuit courts has the power to issue sexual harassment no
17contact orders.
 
18    Section 50. Jurisdiction over persons. The courts of this
19State have jurisdiction to bind (1) State residents; and (2)
20nonresidents having minimum contacts with this State, to the
21extent permitted by the long-arm statute, Section 2-209 of the
22Code of Civil Procedure.
 

 

 

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1    Section 55. Venue. A petition for a sexual harassment no
2contact order may be filed in any county where:
3    (1) the petitioner resides;
4    (2) the respondent resides; or
5    (3) one or more acts of the alleged sexual harassment
6occurred.
 
7    Section 60. Process.
8    (a) Any action for a sexual harassment no contact order
9requires that a separate summons be issued and served. The
10summons shall be in the form prescribed by Supreme Court Rule
11101(d), except that it shall require the respondent to answer
12or appear within 7 days. Attachments to the summons or notice
13shall include the petition for a sexual harassment no contact
14order and supporting affidavits, if any, and any emergency
15sexual harassment no contact order that has been issued.
16    (b) The summons shall be served by the sheriff or other law
17enforcement officer at the earliest time and shall take
18precedence over other summonses except those of a similar
19emergency nature. Special process servers may be appointed at
20any time, and their designation shall not affect the
21responsibilities and authority of the sheriff or other official
22process servers.
23    (c) Service of process on a member of the respondent's
24household or by publication is adequate if:

 

 

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1        (1) the petitioner has made all reasonable efforts to
2    accomplish actual service of process personally upon the
3    respondent, but the respondent cannot be found to effect
4    the service; and
5        (2) the petitioner files an affidavit or presents sworn
6    testimony as to those efforts.
7    (d) A plenary sexual harassment no contact order may be
8entered by default for the remedy sought in the petition, if
9the respondent has been served or given notice in accordance
10with subsection (a) of this Section and if the respondent then
11fails to appear as directed or fails to appear on any
12subsequent appearance or hearing date agreed to by the parties
13or set by the court.
 
14    Section 65. Service of notice of hearings. Except as
15provided in Section 60, notice of hearings on petitions or
16motions shall be served in accordance with Supreme Court Rules
1711 and 12, unless notice is excused by Section 100 or by the
18Code of Civil Procedure, Supreme Court Rules, or local rules.
 
19    Section 70. Hearings. A petition for a sexual harassment no
20contact order shall be treated as an expedited proceeding, and
21no court may transfer or otherwise decline to decide all or
22part of the petition. Nothing in this Section shall prevent the
23court from reserving issues if jurisdiction or notice
24requirements are not met.
 

 

 

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1    Section 75. Continuances.
2    (a) A petition for emergency remedies shall be granted or
3denied in accordance with the standards of Section 100,
4regardless of the respondent's appearance or presence in court.
5    (b) An action for a sexual harassment no contact order is
6an expedited proceeding. Continuances shall be granted only for
7good cause shown and kept to the minimum reasonable duration,
8taking into account the reasons for the continuance.
 
9    Section 80. Sexual harassment no contact orders; remedies.
10    (a) If the court finds that the petitioner has been a
11victim of sexual harassment and the petitioner has satisfied
12the requirements of Section 95 on emergency orders or Section
13100 on plenary orders, a sexual harassment no contact order
14shall be issued. The petitioner shall not be denied a sexual
15harassment no contact order because the petitioner or the
16respondent is a minor. The court, when determining whether to
17issue a sexual harassment no contact order, may not require
18physical injury on the person of the petitioner. Modification
19and extension of a prior sexual harassment no contact order
20shall be in accordance with this Act.
21    (b) A sexual harassment no contact order shall do one or
22more of the following:
23        (1) prohibit the respondent from continued harassment
24    of the petitioner;

 

 

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1        (2) order the respondent to have no contact with the
2    petitioner or a third person specifically named by the
3    court;
4        (3) prohibit the respondent from knowingly coming
5    within or knowingly remaining within a specified distance
6    of the petitioner or the petitioner's residence, school,
7    daycare, or place of employment, or any specified place
8    frequented by the petitioner; however, the court may order
9    the respondent to stay away from the respondent's own
10    residence, school, or place of employment only if the
11    respondent has been provided actual notice of the
12    opportunity to appear and be heard on the petition;
13        (4) if there was a reported threat of force with a
14    weapon, prohibit the respondent from possessing a Firearm
15    Owner's Identification Card or possessing or buying a
16    firearm; and
17        (5) order other injunctive relief the court determines
18    to be necessary to protect the petitioner or a third party
19    specifically named by the court.
20    (c) If the petitioner and the respondent attend the same
21public, private, or nonpublic elementary, middle, or high
22school, the court, when issuing a sexual harassment no contact
23order and providing relief, shall consider the severity of the
24act, any continuing physical danger or emotional distress to
25the petitioner, the educational rights guaranteed to the
26petitioner and respondent under federal and State law, the

 

 

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1availability of a transfer of the respondent to another school,
2a change of placement or a change of program of the respondent,
3the expense, difficulty, and educational disruption that would
4be caused by a transfer of the respondent to another school,
5and any other relevant facts of the case. The court may order
6that the respondent not attend the public, private, or
7nonpublic elementary, middle, or high school attended by the
8petitioner, order that the respondent accept a change of
9placement or program, as determined by the school district or
10private or nonpublic school, or place restrictions on the
11respondent's movements within the school attended by the
12petitioner. The respondent bears the burden of proving by a
13preponderance of the evidence that a transfer, change of
14placement, or change of program of the respondent is not
15available. The respondent also bears the burden of production
16with respect to the expense, difficulty, and educational
17disruption that would be caused by a transfer of the respondent
18to another school. A transfer, change of placement, or change
19of program is not unavailable to the respondent solely on the
20ground that the respondent does not agree with the school
21district's or private or nonpublic school's transfer, change of
22placement, or change of program or solely on the ground that
23the respondent fails or refuses to consent to or otherwise does
24not take an action required to effectuate a transfer, change of
25placement, or change of program. If a court orders a respondent
26to stay away from the public, private, or nonpublic school

 

 

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1attended by the petitioner and the respondent requests a
2transfer to another attendance center within the respondent's
3school district or private or nonpublic school, the school
4district or private or nonpublic school shall have sole
5discretion to determine the attendance center to which the
6respondent is transferred. If the court order results in a
7transfer of the minor respondent to another attendance center,
8a change in the respondent's placement, or a change of the
9respondent's program, the parent, guardian, or legal custodian
10of the respondent is responsible for transportation and other
11costs associated with the transfer or change.
12    (d) The court may order the parent, guardian, or legal
13custodian of a minor respondent to take certain actions or to
14refrain from taking certain actions to ensure that the
15respondent complies with the order. If the court orders a
16transfer of the respondent to another school, the parent,
17guardian, or legal custodian of the respondent is responsible
18for transportation and other costs associated with the change
19of school by the respondent.
20    (e) The court shall not hold a school district or private
21or nonpublic school or any of its employees in civil or
22criminal contempt unless the school district or private or
23nonpublic school has been allowed to intervene.
24    (f) The court may hold a parent, guardian, or legal
25custodian of a minor respondent in civil or criminal contempt
26for a violation of any provision of any order entered under

 

 

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1this Act for conduct of the minor respondent in violation of
2this Act if the parent, guardian, or legal custodian directed,
3encouraged, or assisted the respondent minor in the conduct.
4    (g) The court may award the petitioner costs and attorney's
5fees if a sexual harassment no contact order is granted.
6    (h) Monetary damages are not recoverable as a remedy.
7    (i) If the sexual harassment no contact order prohibits the
8respondent from possessing a Firearm Owner's Identification
9Card or possessing or buying firearms, the court shall
10confiscate the respondent's Firearm Owner's Identification
11Card and immediately return the card to the Department of State
12Police Firearm Owner's Identification Card Office.
 
13    Section 85. Mutual orders prohibited. Mutual sexual
14harassment no contact orders are prohibited. Correlative
15separate orders undermine the purposes of this Act. If separate
16orders are sought, both must comply with all provisions of this
17Act.
 
18    Section 90. Accountability for actions of others. For the
19purposes of issuing a sexual harassment no contact order,
20deciding what remedies should be included, and enforcing the
21order, Article 5 of the Criminal Code of 2012 governs whether a
22respondent is legally accountable for the conduct of another
23person.
 

 

 

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1    Section 95. Emergency sexual harassment no contact order.
2    (a) An emergency sexual harassment no contact order shall
3be issued if the petitioner satisfies the requirements of this
4subsection (a). The petitioner shall establish that:
5        (1) the court has jurisdiction under Section 50;
6        (2) the requirements of Section 80 are satisfied; and
7        (3) there is good cause to grant the remedy, regardless
8    of prior service of process or of notice upon the
9    respondent, because the harm that the remedy is intended to
10    prevent would be likely to occur if the respondent were
11    given any prior notice, or greater notice than was actually
12    given, of the petitioner's efforts to obtain judicial
13    relief.
14    An emergency sexual harassment no contact order shall be
15issued by the court if it appears from the contents of the
16petition and the examination of the petitioner that the
17averments are sufficient to indicate sexual harassment by the
18respondent and to support the granting of relief under the
19issuance of the sexual harassment no contact order.
20    An emergency sexual harassment no contact order shall be
21issued if the court finds that items (1), (2), and (3) of this
22subsection (a) are met.
23    (b) If the respondent appears in court for the hearing for
24an emergency order, he or she may elect to file a general
25appearance and testify. Any resulting order may be an emergency
26order, governed by this Section. Notwithstanding the

 

 

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1requirements of this Section, if all requirements of Section
2100 have been met, the court may issue a plenary order.
3    (c) Emergency orders; court holidays and evenings.
4        (1) If the court is unavailable at the close of
5    business, the petitioner may file a petition for a 21-day
6    emergency order before any available circuit judge or
7    associate judge who may grant relief under this Act. If the
8    judge finds that there is an immediate and present danger
9    of abuse against the petitioner and that the petitioner has
10    satisfied the prerequisites set forth in subsection (a),
11    that judge may issue an emergency sexual harassment no
12    contact order.
13        (2) The chief judge of the circuit court may designate
14    for each county in the circuit at least one judge to be
15    reasonably available to issue orally, by telephone, by
16    facsimile, or otherwise, an emergency sexual harassment no
17    contact order at all times, regardless of whether the court
18    is in session.
19        (3) Any order issued under this Section and any
20    documentation in support of the order shall be certified on
21    the next court day to the appropriate court. The clerk of
22    that court shall immediately assign a case number, file the
23    petition, order, and other documents with the court, enter
24    the order of record, and file it with the sheriff for
25    service in accordance with Section 60. Filing the petition
26    shall commence proceedings for further relief under

 

 

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1    Section 20. Failure to comply with the requirements of this
2    paragraph (3) does not affect the validity of the order.
 
3    Section 100. Plenary sexual harassment no contact order.
4The court shall issue a plenary sexual harassment no contact
5order if the petitioner has served notice of the hearing for
6that order on the respondent, in accordance with Section 65,
7and has satisfied the requirements of this Section. The
8petitioner must establish that:
9        (1) the court has jurisdiction under Section 50 of this
10    Act;
11        (2) the requirements of Section 80 are satisfied;
12        (3) a general appearance was made or filed by or for
13    the respondent or process was served on the respondent in
14    the manner required by Section 60; and
15        (4) the respondent has answered or is in default.
 
16    Section 105. Duration and extension of orders.
17    (a) Unless reopened or extended or voided by entry of an
18order of greater duration, an emergency order shall be
19effective for not less than 14 nor more than 21 days.
20    (b) Except as otherwise provided in this Section, a plenary
21sexual harassment no contact order shall be effective for a
22fixed period not to exceed 2 years. A sexual harassment no
23contact order entered in conjunction with a criminal
24prosecution or delinquency petition shall remain in effect as

 

 

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1provided in Section 112A-20 of the Code of Criminal Procedure
2of 1963.
3    (c) An emergency or plenary order may be extended one or
4more times, as required, if the requirements of Section 95 or
5100, as appropriate, are satisfied. If the motion for extension
6is uncontested and the petitioner seeks no modification of the
7order, the order may be extended on the basis of the
8petitioner's motion or affidavit stating that there has been no
9material change in relevant circumstances since the entry of
10the order and stating the reason for the requested extension.
11Extensions may be granted only in open court and not under the
12provisions of subsection (c) of Section 95, which applies only
13if the court is unavailable at the close of business or on a
14court holiday.
15    (d) A sexual harassment no contact order that would expire
16on a court holiday shall instead expire at the close of the
17next court business day.
18    (e) The practice of dismissing or suspending a criminal
19prosecution in exchange for the issuance of a sexual harassment
20no contact order undermines the purposes of this Act. This
21Section shall not be construed as encouraging that practice.
 
22    Section 110. Contents of orders.
23    (a) A sexual harassment no contact order shall describe
24each remedy granted by the court, in reasonable detail and not
25by reference to any other document, so that the respondent may

 

 

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1clearly understand what he or she must do or refrain from
2doing.
3    (b) A sexual harassment no contact order shall further
4state the following:
5        (1) The name of each petitioner that the court finds
6    was the subject of sexual harassment by the respondent.
7        (2) The date and time the sexual harassment no contact
8    order was issued, whether it is an emergency or plenary
9    order, and the duration of the order.
10        (3) The date, time, and place of any scheduled hearing
11    for extension of that sexual harassment no contact order or
12    for another order of greater duration or scope.
13        (4) For each remedy in an emergency sexual harassment
14    no contact order, the reason for entering that remedy
15    without prior notice to the respondent or greater notice
16    than was actually given.
17        (5) For an emergency sexual harassment no contact
18    order, that the respondent may petition the court, in
19    accordance with Section 125, to reopen the order if he or
20    she did not receive actual prior notice of the hearing as
21    required under Section 65 and if the respondent alleges
22    that he or she had a meritorious defense to the order or
23    that the order or its remedy is not authorized by this Act.
24    (c) A sexual harassment no contact order shall include the
25following notice, printed in conspicuous type: "An initial
26knowing violation of a sexual harassment no contact order is a

 

 

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1Class A misdemeanor. A second or subsequent knowing violation
2is a Class 4 felony.".
 
3    Section 115. Notice of orders.
4    (a) Upon issuance of a sexual harassment no contact order,
5the clerk shall immediately, or on the next court day if an
6emergency order is issued in accordance with subsection (c) of
7Section 95:
8        (1) enter the order on the record and file it in
9    accordance with the circuit court procedures; and
10        (2) provide a file-stamped copy of the order to the
11    respondent, if present, and to the petitioner.
12    (b) The clerk of the issuing judge shall, or the petitioner
13may, on the same day that a sexual harassment no contact order
14is issued, file a certified copy of that order with the sheriff
15or other law enforcement officials charged with maintaining
16Department of State Police records or charged with serving the
17order upon the respondent. If the order was issued in
18accordance with subsection (c) of Section 95, the clerk shall,
19on the next court day, file a certified copy of the order with
20the sheriff or other law enforcement officials charged with
21maintaining Department of State Police records. If the
22respondent, at the time of the issuance of the order, is
23committed to the custody of the Department of Corrections or
24Department of Juvenile Justice or is on parole, aftercare
25release, or mandatory supervised release, the sheriff or other

 

 

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1law enforcement officials charged with maintaining Department
2of State Police records shall notify the Department of
3Corrections or Department of Juvenile Justice within 48 hours
4of receipt of a copy of the sexual harassment no contact order
5from the clerk of the issuing judge or petitioner. The notice
6shall include the name of the respondent, the respondent's
7Department of Corrections inmate number or Department of
8Juvenile Justice youth identification number, the respondent's
9date of birth, and the Law Enforcement Agencies Data System
10Record Index Number.
11    (c) Unless the respondent was present in court when the
12order was issued, the sheriff, other law enforcement official,
13or special process server shall promptly serve that order upon
14the respondent and file proof of service in the manner provided
15for service of process in civil proceedings. Instead of serving
16the order upon the respondent, however, the sheriff, other law
17enforcement official, special process server, or other person
18defined in Section 120 may serve the respondent with a short
19form notification as provided in Section 120. If process has
20not yet been served upon the respondent, it shall be served
21with the order or short form notification if the service is
22made by the sheriff, other law enforcement official, or special
23process server.
24    (d) If the person against whom the sexual harassment no
25contact order is issued is arrested and the written order is
26issued in accordance with subsection (c) of Section 95 and

 

 

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1received by the custodial law enforcement agency before the
2respondent or arrestee is released from custody, the custodial
3law enforcement agent shall promptly serve the order upon the
4respondent or arrestee before the respondent or arrestee is
5released from custody. In no event shall detention of the
6respondent or arrestee be extended for hearing on the petition
7for a sexual harassment no contact order or receipt of the
8order issued under Section 95.
9    (e) An order extending, modifying, or revoking a sexual
10harassment no contact order shall be promptly recorded, issued,
11and served as provided in this Section.
12    (f) Upon the request of the petitioner, within 24 hours of
13the issuance of a sexual harassment no contact order, the clerk
14of the issuing judge shall send written notice of the order and
15a certified copy of the order to any school, daycare, college,
16or university at which the petitioner is enrolled.
 
17    Section 120. Short form notification.
18    (a) Instead of personal service of a sexual harassment no
19contact order under Section 115, a sheriff, other law
20enforcement official, special process server, or personnel
21assigned by the Department of Corrections or Department of
22Juvenile Justice to investigate the alleged misconduct of
23committed persons or alleged violations of a parolee's or
24releasee's conditions of parole, aftercare release, or
25mandatory supervised release may serve a respondent with a

 

 

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1short form notification. The short form notification must
2include the following items, either in checklist form or
3handwritten:
4        (1) the respondent's name;
5        (2) the respondent's date of birth, if known;
6        (3) the petitioner's name;
7        (4) the names of other protected parties;
8        (5) the date and county in which the sexual harassment
9    no contact order was filed;
10        (6) the court file number;
11        (7) the hearing date and time, if known; and
12        (8) the conditions that apply to the respondent;
13    (b) The short form notification must contain the following
14notice in bold print:
15    "The order is now enforceable. You must report to the
16office of the sheriff or the office of the circuit court in
17(name of county) County to obtain a copy of the order. You are
18subject to arrest and may be charged with a misdemeanor or
19felony if you violate any of the terms of the order.".
20    (c) Upon verification of the identity of the respondent and
21the existence of an unserved order against the respondent, a
22sheriff or other law enforcement official may detain the
23respondent for a reasonable time necessary to complete and
24serve the short form notification.
25    (d) When service is made by short form notification under
26this Section, it may be proved by the affidavit of the person

 

 

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1making the service.
2    (e) The Attorney General shall make the short form
3notification form available to law enforcement agencies in this
4State.
 
5    Section 125. Modification; reopening of orders.
6    (a) Except as otherwise provided in this Section, upon
7motion by the petitioner, the court may modify an emergency or
8plenary sexual harassment no contact order by altering the
9remedy, subject to Section 80.
10    (b) After 30 days following entry of a plenary sexual
11harassment no contact order, a court may modify that order only
12when a change in the applicable law or facts since that plenary
13order was entered warrants a modification of its terms.
14    (c) Upon 2 days' notice to the petitioner, or shorter
15notice as the court may prescribe, a respondent subject to an
16emergency sexual harassment no contact order issued under this
17Act may appear and petition the court to rehear the original or
18amended petition. A petition to rehear shall be verified and
19shall allege the following:
20        (1) that the respondent did not receive prior notice of
21    the initial hearing in which the emergency order was
22    entered under Sections 65 and 95; and
23        (2) that the respondent had a meritorious defense to
24    the order or any of its remedies or that the order or any
25    of its remedies was not authorized by this Act.
 

 

 

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1    Section 130. Violation. An initial knowing violation of a
2sexual harassment no contact order is a Class A misdemeanor. A
3second or subsequent knowing violation is a Class 4 felony.
 
4    Section 135. Arrest without warrant.
5    (a) A law enforcement officer may make an arrest without
6warrant if the officer has probable cause to believe that the
7person has committed or is committing a violation of a sexual
8harassment no contact order.
9    (b) The law enforcement officer may verify the existence of
10a sexual harassment no contact order by telephone or radio
11communication with his or her law enforcement agency or by
12referring to the copy of the order provided by the petitioner
13or the respondent.
 
14    Section 140. Data maintenance by law enforcement agencies.
15    (a) A sheriff shall furnish to the Department of State
16Police, on the same day as received, in the form and detail the
17Department requires, copies of any recorded emergency or
18plenary sexual harassment no contact orders issued by the court
19and transmitted to the sheriff by the clerk of the court in
20accordance with subsection (b) of Section 115. Each sexual
21harassment no contact order shall be entered in the Law
22Enforcement Agencies Data System on the same day it is issued
23by the court. If an emergency sexual harassment no contact

 

 

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1order was issued in accordance with subsection (c) of Section
2100, the order shall be entered in the Law Enforcement Agencies
3Data System as soon as possible after receipt from the clerk of
4the court.
5    (b) The Department of State Police shall maintain a
6complete and systematic record and index of all valid and
7recorded sexual harassment no contact orders issued under this
8Act. The data shall be used to inform all dispatchers and law
9enforcement officers at the scene of an alleged incident of
10sexual harassment or violation of a sexual harassment no
11contact order of any recorded prior incident of sexual
12harassment involving the petitioner and the effective dates and
13terms of any recorded sexual harassment no contact order.
 
14    Section 145. Retaliation prohibited. A petition for relief
15under this Act made in good faith is protected by the
16anti-retaliation provisions of the Illinois Human Rights Act to
17the extent they are applicable.
 
18    Section 900. The Criminal Code of 2012 is amended by adding
19Section 13-10 as follows:
 
20    (720 ILCS 5/13-10 new)
21    Sec. 13-10. Violation of a sexual harassment no contact
22order.
23    (a) A person commits violation of a sexual harassment no

 

 

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1contact order if:
2        (1) he or she knowingly commits an act that was
3    prohibited by a court or fails to commit an act that was
4    ordered by a court in violation of:
5            (A) a remedy in a valid sexual harassment no
6        contact order authorized under Section 80 of the Sexual
7        Harassment No Contact Order Act or Section 112A-14.8 of
8        the Code of Criminal Procedure of 1963; or
9            (B) a remedy that is substantially similar to the
10        remedies authorized under Section 80 of the Sexual
11        Harassment No Contact Order Act or Section 112A-14.8 of
12        the Code of Criminal Procedure of 1963 or in a valid
13        sexual harassment no contact order that is authorized
14        under the laws of another state, tribe, or United
15        States territory; and
16        (2) the violation occurs after the offender has been
17    served notice of the contents of the order under the Sexual
18    Harassment No Contact Order Act, Article 112A of the Code
19    of Criminal Procedure of 1963, or any substantially similar
20    statute of another state, tribe, or United States territory
21    or otherwise has acquired actual knowledge of the contents
22    of the order.
23    A sexual harassment no contact order issued by a state,
24tribal, or territorial court shall be deemed valid if the
25issuing court had jurisdiction over the parties and matter
26under the law of the state, tribe, or territory. There shall be

 

 

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1a presumption of validity when an order is certified and
2appears authentic on its face.
3    (b) For purposes of this Section, a "sexual harassment no
4contact order" may have been issued in a criminal or civil
5proceeding.
6    (c) Failure to provide reasonable notice and an opportunity
7to be heard shall be an affirmative defense to any charge or
8process filed seeking enforcement of a foreign sexual
9harassment no contact order.
10    (d) Prosecution for a violation of a sexual harassment no
11contact order shall not bar a concurrent prosecution for any
12other crime, including any crime that may have been committed
13at the time of the violation of the order.
14    (e) Nothing in this Section shall be construed to diminish
15the inherent authority of the courts to enforce their lawful
16orders through civil or criminal contempt proceedings.
17    (f) A defendant who directed the actions of a third party
18to violate this Section, under the principles of accountability
19set forth in Article 5 of this Code, is guilty of violating
20this Section as if the same had been personally done by the
21defendant, without regard to the mental state of the third
22party acting at the direction of the defendant.
23    (g) Sentence. A violation of a sexual harassment no contact
24order is a Class A misdemeanor for a first violation, and a
25Class 4 felony for a second or subsequent violation.
 

 

 

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1    Section 905. The Code of Criminal Procedure of 1963 is
2amended by changing Sections 112A-1.5, 112A-2.5, 112A-3,
3112A-4, 112A-4.5, 112A-11.5, 112A-23, and 112A-28 and by adding
4Sections 112A-14.8 and 112A-21.8 as follows:
 
5    (725 ILCS 5/112A-1.5)
6    Sec. 112A-1.5. Purpose and construction. The purpose of
7this Article is to protect the safety of victims of domestic
8violence, sexual assault, sexual abuse, sexual harassment, and
9stalking and the safety of their family and household members;
10and to minimize the trauma and inconvenience associated with
11attending separate and multiple civil court proceedings to
12obtain protective orders. This Article shall be interpreted in
13accordance with the constitutional rights of crime victims set
14forth in Article I, Section 8.1 of the Illinois Constitution,
15the purposes set forth in Section 2 of the Rights of Crime
16Victims and Witnesses Act, and the use of protective orders to
17implement the victim's right to be reasonably protected from
18the defendant as provided in Section 4.5 of the Rights of
19Victims and Witnesses Act.
20(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
21    (725 ILCS 5/112A-2.5)
22    Sec. 112A-2.5. Types of protective orders. The following
23protective orders may be entered in conjunction with a
24delinquency petition or a criminal prosecution:

 

 

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1        (1) a domestic violence order of protection in cases
2    involving domestic violence;
3        (2) a civil no contact order in cases involving sexual
4    offenses; or
5        (3) a stalking no contact order in cases involving
6    stalking offenses; or .
7        (4) a sexual harassment no contact order in cases
8    involving sexual harassment.
9(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
10    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
11    Sec. 112A-3. Definitions.
12    (a) In this Article:
13    "Advocate" means a person whose communications with the
14victim are privileged under Section 8-802.1 or 8-802.2 of the
15Code of Civil Procedure or Section 227 of the Illinois Domestic
16Violence Act of 1986.
17    "Named victim" means the person named as the victim in the
18delinquency petition or criminal prosecution.
19    "Protective order" means a domestic violence order of
20protection, a civil no contact order, or a stalking no contact
21order, or a sexual harassment no contact order.
22    (b) For the purposes of domestic violence cases, the
23following terms shall have the following meanings in this
24Article:
25        (1) "Abuse" means physical abuse, harassment,

 

 

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1    intimidation of a dependent, interference with personal
2    liberty or willful deprivation but does not include
3    reasonable direction of a minor child by a parent or person
4    in loco parentis.
5        (2) "Domestic violence" means abuse as described in
6    paragraph (1) of this subsection (b).
7        (3) "Family or household members" include spouses,
8    former spouses, parents, children, stepchildren, and other
9    persons related by blood or by present or prior marriage,
10    persons who share or formerly shared a common dwelling,
11    persons who have or allegedly have a child in common,
12    persons who share or allegedly share a blood relationship
13    through a child, persons who have or have had a dating or
14    engagement relationship, persons with disabilities and
15    their personal assistants, and caregivers as defined in
16    subsection (e) of Section 12-4.4a of the Criminal Code of
17    2012. For purposes of this paragraph (3), neither a casual
18    acquaintanceship nor ordinary fraternization between 2
19    individuals in business or social contexts shall be deemed
20    to constitute a dating relationship.
21        (4) "Harassment" means knowing conduct which is not
22    necessary to accomplish a purpose which is reasonable under
23    the circumstances; would cause a reasonable person
24    emotional distress; and does cause emotional distress to
25    the petitioner. Unless the presumption is rebutted by a
26    preponderance of the evidence, the following types of

 

 

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1    conduct shall be presumed to cause emotional distress:
2            (i) creating a disturbance at petitioner's place
3        of employment or school;
4            (ii) repeatedly telephoning petitioner's place of
5        employment, home or residence;
6            (iii) repeatedly following petitioner about in a
7        public place or places;
8            (iv) repeatedly keeping petitioner under
9        surveillance by remaining present outside his or her
10        home, school, place of employment, vehicle or other
11        place occupied by petitioner or by peering in
12        petitioner's windows;
13            (v) improperly concealing a minor child from
14        petitioner, repeatedly threatening to improperly
15        remove a minor child of petitioner's from the
16        jurisdiction or from the physical care of petitioner,
17        repeatedly threatening to conceal a minor child from
18        petitioner, or making a single such threat following an
19        actual or attempted improper removal or concealment,
20        unless respondent was fleeing from an incident or
21        pattern of domestic violence; or
22            (vi) threatening physical force, confinement or
23        restraint on one or more occasions.
24        (5) "Interference with personal liberty" means
25    committing or threatening physical abuse, harassment,
26    intimidation or willful deprivation so as to compel another

 

 

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1    to engage in conduct from which she or he has a right to
2    abstain or to refrain from conduct in which she or he has a
3    right to engage.
4        (6) "Intimidation of a dependent" means subjecting a
5    person who is dependent because of age, health, or
6    disability to participation in or the witnessing of:
7    physical force against another or physical confinement or
8    restraint of another which constitutes physical abuse as
9    defined in this Article, regardless of whether the abused
10    person is a family or household member.
11        (7) "Order of protection" or "domestic violence order
12    of protection" means an ex parte or final order, granted
13    pursuant to this Article, which includes any or all of the
14    remedies authorized by Section 112A-14 of this Code.
15        (8) "Petitioner" may mean not only any named petitioner
16    for the domestic violence order of protection and any named
17    victim of abuse on whose behalf the petition is brought,
18    but also any other person protected by this Article.
19        (9) "Physical abuse" includes sexual abuse and means
20    any of the following:
21            (i) knowing or reckless use of physical force,
22        confinement or restraint;
23            (ii) knowing, repeated and unnecessary sleep
24        deprivation; or
25            (iii) knowing or reckless conduct which creates an
26        immediate risk of physical harm.

 

 

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1        (9.3) "Respondent" in a petition for a domestic
2    violence order of protection means the defendant.
3        (9.5) "Stay away" means for the respondent to refrain
4    from both physical presence and nonphysical contact with
5    the petitioner whether direct, indirect (including, but
6    not limited to, telephone calls, mail, email, faxes, and
7    written notes), or through third parties who may or may not
8    know about the domestic violence order of protection.
9        (10) "Willful deprivation" means willfully wilfully
10    denying a person who because of age, health or disability
11    requires medication, medical care, shelter, accessible
12    shelter or services, food, therapeutic device, or other
13    physical assistance, and thereby exposing that person to
14    the risk of physical, mental or emotional harm, except with
15    regard to medical care and treatment when such dependent
16    person has expressed the intent to forgo such medical care
17    or treatment. This paragraph (10) does not create any new
18    affirmative duty to provide support to dependent persons.
19    (c) For the purposes of cases involving sexual offenses,
20the following terms shall have the following meanings in this
21Article:
22        (1) "Civil no contact order" means an ex parte or final
23    order granted under this Article, which includes a remedy
24    authorized by Section 112A-14.5 of this Code.
25        (2) "Family or household members" include spouses,
26    parents, children, stepchildren, and persons who share a

 

 

SB1588 Engrossed- 34 -LRB101 10760 LNS 55882 b

1    common dwelling.
2        (3) "Non-consensual" means a lack of freely given
3    agreement.
4        (4) "Petitioner" means not only any named petitioner
5    for the civil no contact order and any named victim of
6    non-consensual sexual conduct or non-consensual sexual
7    penetration on whose behalf the petition is brought, but
8    includes any other person sought to be protected under this
9    Article.
10        (5) "Respondent" in a petition for a civil no contact
11    order means the defendant.
12        (6) "Sexual conduct" means any intentional or knowing
13    touching or fondling by the petitioner or the respondent,
14    either directly or through clothing, of the sex organs,
15    anus, or breast of the petitioner or the respondent, or any
16    part of the body of a child under 13 years of age, or any
17    transfer or transmission of semen by the respondent upon
18    any part of the clothed or unclothed body of the
19    petitioner, for the purpose of sexual gratification or
20    arousal of the petitioner or the respondent.
21        (7) "Sexual penetration" means any contact, however
22    slight, between the sex organ or anus of one person by an
23    object, the sex organ, mouth or anus of another person, or
24    any intrusion, however slight, of any part of the body of
25    one person or of any animal or object into the sex organ or
26    anus of another person, including, but not limited to,

 

 

SB1588 Engrossed- 35 -LRB101 10760 LNS 55882 b

1    cunnilingus, fellatio, or anal penetration. Evidence of
2    emission of semen is not required to prove sexual
3    penetration.
4        (8) "Stay away" means to refrain from both physical
5    presence and nonphysical contact with the petitioner
6    directly, indirectly, or through third parties who may or
7    may not know of the order. "Nonphysical contact" includes,
8    but is not limited to, telephone calls, mail, email e-mail,
9    fax, and written notes.
10    (d) For the purposes of cases involving stalking offenses,
11the following terms shall have the following meanings in this
12Article:
13        (1) "Course of conduct" means 2 or more acts,
14    including, but not limited to, acts in which a respondent
15    directly, indirectly, or through third parties, by any
16    action, method, device, or means follows, monitors,
17    observes, surveils, threatens, or communicates to or
18    about, a person, engages in other contact, or interferes
19    with or damages a person's property or pet. A course of
20    conduct may include contact via electronic communications.
21    The incarceration of a person in a penal institution who
22    commits the course of conduct is not a bar to prosecution.
23        (2) "Emotional distress" means significant mental
24    suffering, anxiety, or alarm.
25        (3) "Contact" includes any contact with the victim,
26    that is initiated or continued without the victim's

 

 

SB1588 Engrossed- 36 -LRB101 10760 LNS 55882 b

1    consent, or that is in disregard of the victim's expressed
2    desire that the contact be avoided or discontinued,
3    including, but not limited to, being in the physical
4    presence of the victim; appearing within the sight of the
5    victim; approaching or confronting the victim in a public
6    place or on private property; appearing at the workplace or
7    residence of the victim; entering onto or remaining on
8    property owned, leased, or occupied by the victim; or
9    placing an object on, or delivering an object to, property
10    owned, leased, or occupied by the victim.
11        (4) "Petitioner" means any named petitioner for the
12    stalking no contact order or any named victim of stalking
13    on whose behalf the petition is brought.
14        (5) "Reasonable person" means a person in the
15    petitioner's circumstances with the petitioner's knowledge
16    of the respondent and the respondent's prior acts.
17        (6) "Respondent" in a petition for a civil no contact
18    order means the defendant.
19        (7) "Stalking" means engaging in a course of conduct
20    directed at a specific person, and he or she knows or
21    should know that this course of conduct would cause a
22    reasonable person to fear for his or her safety or the
23    safety of a third person or suffer emotional distress.
24    "Stalking" does not include an exercise of the right to
25    free speech or assembly that is otherwise lawful or
26    picketing occurring at the workplace that is otherwise

 

 

SB1588 Engrossed- 37 -LRB101 10760 LNS 55882 b

1    lawful and arises out of a bona fide labor dispute,
2    including any controversy concerning wages, salaries,
3    hours, working conditions or benefits, including health
4    and welfare, sick leave, insurance, and pension or
5    retirement provisions, the making or maintaining of
6    collective bargaining agreements, and the terms to be
7    included in those agreements.
8        (8) "Stalking no contact order" means an ex parte or
9    final order granted under this Article, which includes a
10    remedy authorized by Section 112A-14.7 of this Code.
11    (e) For the purposes of offenses involving sexual
12harassment:
13        The following terms have the meanings provided in
14    Section 10 of the Sexual Harassment No Contact Order Act:
15    "contact", "course of conduct", "emotional distress",
16    "petitioner", "reasonable person", "sexual harassment",
17    and "sexual harassment no contact order".
18        "Offense involving sexual harassment" means any
19    violation of any the following Sections of the Criminal
20    Code of 2012 in which the defendant engaged in a course of
21    conduct directed at the victim that would cause a
22    reasonable person emotional distress:
23            (i) Section 12-1 (assault);
24            (ii) Section 12-2 (aggravated assault);
25            (iii) Section 12-3 (battery);
26            (iv) Section 12-3.05 (aggravated battery);

 

 

SB1588 Engrossed- 38 -LRB101 10760 LNS 55882 b

1            (v) Section 26-4 (unauthorized video recording or
2        live video transmission);
3            (vi) Section 26.5-1 (transmission of obscene
4        messages);
5            (vii) Section 26.5-2 (harassment by telephone); or
6            (viii) Section 26.5-3 (harassment through
7        electronic communications).
8(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
9    (725 ILCS 5/112A-4)  (from Ch. 38, par. 112A-4)
10    Sec. 112A-4. Persons protected by this Article.
11    (a) The following persons are protected by this Article in
12cases involving domestic violence:
13        (1) any person abused by a family or household member;
14        (2) any minor child or dependent adult in the care of
15    such person;
16        (3) any person residing or employed at a private home
17    or public shelter which is housing an abused family or
18    household member; and
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

 

 

SB1588 Engrossed- 39 -LRB101 10760 LNS 55882 b

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

 

 

SB1588 Engrossed- 40 -LRB101 10760 LNS 55882 b

1is protected by this Article.
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; or
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) (3) 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

 

 

SB1588 Engrossed- 41 -LRB101 10760 LNS 55882 b

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.
7    For purposes of this paragraph (a)(4) (3), individuals who
8would have been considered "family or household members" of the
9child under paragraph (3) of subsection (b) of Section 112A-3
10before a termination of the parental rights with respect to the
11child continue to meet the definition of "family or household
12members" of the child.
13    (b) A petition for a civil no contact order may be filed:
14        (1) by any person who is a named victim of
15    non-consensual sexual conduct or non-consensual sexual
16    penetration, including a single incident of non-consensual
17    sexual conduct or non-consensual sexual penetration;
18        (2) by a person or by the State's Attorney on behalf of
19    a named victim who is a minor child or an adult who is a
20    victim of non-consensual sexual conduct or non-consensual
21    sexual penetration but, because of age, disability,
22    health, or inaccessibility, cannot file the petition; or
23        (3) by a State's Attorney on behalf of any minor child
24    who is a family or household member of the named victim, if
25    the named victim does not file a petition or request the
26    State's Attorney file the petition.

 

 

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

 

 

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1the petition at that time and that the person may file a
2petition or may retain an attorney to file the petition. The
3State's Attorney may file the petition at a later date.
4    (d-5) (1) A person eligible to file a petition under
5subsection (a), (b), or (c) of this Section may retain an
6attorney to represent the petitioner on the petitioner's
7request for a protective order. The attorney's representation
8is limited to matters related to the petition and relief
9authorized under this Article.
10    (2) Advocates shall be allowed to accompany the petitioner
11and confer with the victim, unless otherwise directed by the
12court. Advocates are not engaged in the unauthorized practice
13of law when providing assistance to the petitioner.
14    (e) Any petition properly filed under this Article may seek
15protection for any additional persons protected by this
16Article.
17(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18;
18100-639, eff. 1-1-19; revised 8-20-18.)
 
19    (725 ILCS 5/112A-11.5)
20    Sec. 112A-11.5. Issuance of protective order.
21    (a) Except as provided in subsection (a-5) of this Section,
22the court shall grant the petition and enter a protective order
23if the court finds prima facie evidence that a crime involving
24domestic violence, a sexual offense, or a crime involving
25stalking, or an offense involving sexual harassment has been

 

 

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1committed. The following shall be considered prima facie
2evidence of the offense crime:
3        (1) an information, complaint, indictment, or
4    delinquency petition, charging a crime of domestic
5    violence, a sexual offense, or stalking or charging an
6    attempt to commit a crime of domestic violence, a sexual
7    offense, or stalking;
8        (2) an adjudication of delinquency, a finding of guilt
9    based upon a plea, or a finding of guilt after a trial for
10    a crime of domestic battery, a sexual crime, or stalking or
11    an attempt to commit a crime of domestic violence, a sexual
12    offense, or stalking;
13        (3) any dispositional order issued under Section 5-710
14    of the Juvenile Court Act of 1987, the imposition of
15    supervision, conditional discharge, probation, periodic
16    imprisonment, parole, aftercare release, or mandatory
17    supervised release for a crime of domestic violence, a
18    sexual offense, or stalking or an attempt to commit a crime
19    of domestic violence, a sexual offense, or stalking, or
20    imprisonment in conjunction with a bond forfeiture
21    warrant; or
22        (4) the entry of a protective order in a separate civil
23    case brought by the petitioner against the respondent.
24    (a-5) The respondent may rebut prima facie evidence of the
25crime under paragraph (1) of subsection (a) of this Section by
26presenting evidence of a meritorious defense. The respondent

 

 

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1shall file a written notice alleging a meritorious defense
2which shall be verified and supported by affidavit. The
3verified notice and affidavit shall set forth the evidence that
4will be presented at a hearing. If the court finds that the
5evidence presented at the hearing establishes a meritorious
6defense by a preponderance of the evidence, the court may
7decide not to issue a protective order.
8    (b) The petitioner shall not be denied a protective order
9because the petitioner or the respondent is a minor.
10    (c) The court, when determining whether or not to issue a
11protective order, may not require physical injury on the person
12of the victim.
13    (d) If the court issues a final protective order under this
14Section, the court shall afford the petitioner and respondent
15an opportunity to be heard on the remedies requested in the
16petition.
17(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
18    (725 ILCS 5/112A-14.8 new)
19    Sec. 112A-14.8. Sexual harassment no contact order;
20remedies.
21    (a) The court may order any of the remedies listed in this
22Section. The remedies listed in this Section shall be in
23addition to other civil or criminal remedies available to the
24petitioner. A sexual harassment no contact order shall do one
25or more of the following:

 

 

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1        (1) prohibit the respondent from continued harassment
2    of the petitioner;
3        (2) order the respondent not to have any contact with
4    the petitioner or a third person specifically named by the
5    court;
6        (3) prohibit the respondent from knowingly coming
7    within or knowingly remaining within a specified distance
8    of the petitioner or the petitioner's residence, school,
9    daycare, or place of employment, or any specified place
10    frequented by the petitioner; however, the court may order
11    the respondent to stay away from the respondent's own
12    residence, school, or place of employment only if the
13    respondent has been provided actual notice of the
14    opportunity to appear and be heard on the petition;
15        (4) if there was a threat of force with a weapon,
16    prohibit the respondent from possessing a Firearm Owners
17    Identification Card or possessing or buying a firearm; and
18        (5) order other injunctive relief the court determines
19    to be necessary to protect the petitioner or third party
20    specifically named by the court.
21    (b) If the petitioner and the respondent attend the same
22public, private, or nonpublic elementary, middle, or high
23school, the court, when issuing a sexual harassment no contact
24order and providing relief, shall consider the severity of the
25act, any continuing physical danger or emotional distress to
26the petitioner, the educational rights guaranteed to the

 

 

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1petitioner and respondent under federal and State law, the
2availability of a transfer of the respondent to another school,
3a change of placement or a change of program of the respondent,
4the expense, difficulty, and educational disruption that would
5be caused by a transfer of the respondent to another school,
6and any other relevant facts of the case. The court may order
7that the respondent not attend the public, private, or
8nonpublic elementary, middle, or high school attended by the
9petitioner, order that the respondent accept a change of
10placement or program, as determined by the school district or
11private or nonpublic school, or place restrictions on the
12respondent's movements within the school attended by the
13petitioner. The respondent bears the burden of proving by a
14preponderance of the evidence that a transfer, change of
15placement, or change of program of the respondent is not
16available. The respondent also bears the burden of production
17with respect to the expense, difficulty, and educational
18disruption that would be caused by a transfer of the respondent
19to another school. A transfer, change of placement, or change
20of program is not unavailable to the respondent solely on the
21ground that the respondent does not agree with the school
22district's or private or nonpublic school's transfer, change of
23placement, or change of program or solely on the ground that
24the respondent fails or refuses to consent to or otherwise does
25not take an action required to effectuate a transfer, change of
26placement, or change of program. If a court orders a respondent

 

 

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1to stay away from the public, private, or nonpublic school
2attended by the petitioner and the respondent requests a
3transfer to another attendance center within the respondent's
4school district or private or nonpublic school, the school
5district or private or nonpublic school shall have sole
6discretion to determine the attendance center to which the
7respondent is transferred. If the court order results in a
8transfer of the minor respondent to another attendance center,
9a change in the respondent's placement, or a change of the
10respondent's program, the parent, guardian, or legal custodian
11of the respondent is responsible for transportation and other
12costs associated with the transfer or change.
13    (c) The court may order the parent, guardian, or legal
14custodian of a minor respondent to take certain actions or to
15refrain from taking certain actions to ensure that the
16respondent complies with the order. If the court orders a
17transfer of the respondent to another school, the parent,
18guardian, or legal custodian of the respondent is responsible
19for transportation and other costs associated with the change
20of school by the respondent.
21    (d) The court shall not hold a school district or private
22or nonpublic school or any of its employees in civil or
23criminal contempt unless the school district or private or
24nonpublic school has been allowed to intervene.
25    (e) The court may hold a parent, guardian, or legal
26custodian of a minor respondent in civil or criminal contempt

 

 

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1for a violation of any provision of any order entered under
2this Act for conduct of the minor respondent in violation of
3this Act if the parent, guardian, or legal custodian directed,
4encouraged, or assisted the respondent minor in the conduct.
5    (f) The court may award the petitioner costs and attorney's
6fees if a sexual harassment no contact order is granted.
7    (g) Monetary damages are not recoverable as a remedy.
8    (h) If the sexual harassment no contact order prohibits the
9respondent from possessing a Firearm Owner's Identification
10Card or possessing or buying firearms, the court shall
11confiscate the respondent's Firearm Owner's Identification
12Card and immediately return the card to the Department of State
13Police Firearm Owner's Identification Card Office.
 
14    (725 ILCS 5/112A-21.8 new)
15    Sec. 112A-21.8. Contents of sexual harassment no contact
16orders.
17    (a) A sexual harassment no contact order shall describe
18each remedy granted by the court, in reasonable detail and not
19by reference to any other document, so that the respondent may
20clearly understand what he or she must do or refrain from
21doing.
22    (b) A sexual harassment no contact order shall further
23state the following:
24        (1) The name of each petitioner that the court finds
25    was the victim of sexual harassment by the respondent.

 

 

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1        (2) The date and time the sexual harassment no contact
2    order was issued.
3    (c) A sexual harassment no contact order shall include the
4following notice, printed in conspicuous type:
5    "An initial knowing violation of a sexual harassment no
6contact order is a Class A misdemeanor. A second or subsequent
7knowing violation is a Class 4 felony.
8    This Sexual Harassment No Contact Order is enforceable,
9even without registration, in all 50 states, the District of
10Columbia, tribal lands, and the U.S. territories under the
11Violence Against Women Act (18 U.S.C. 2265).".
 
12    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
13    Sec. 112A-23. Enforcement of protective orders.
14    (a) When violation is crime. A violation of any protective
15order, whether issued in a civil, quasi-criminal proceeding,
16shall be enforced by a criminal court when:
17        (1) The respondent commits the crime of violation of a
18    domestic violence order of protection pursuant to Section
19    12-3.4 or 12-30 of the Criminal Code of 1961 or the
20    Criminal Code of 2012, by having knowingly violated:
21            (i) remedies described in paragraphs (1), (2),
22        (3), (14), or (14.5) of subsection (b) of Section
23        112A-14 of this Code,
24            (ii) a remedy, which is substantially similar to
25        the remedies authorized under paragraphs (1), (2),

 

 

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1        (3), (14), or (14.5) of subsection (b) of Section 214
2        of the Illinois Domestic Violence Act of 1986, in a
3        valid order of protection, which is authorized under
4        the laws of another state, tribe or United States
5        territory,
6            (iii) or any other remedy when the act constitutes
7        a crime against the protected parties as defined by the
8        Criminal Code of 1961 or the Criminal Code of 2012.
9        Prosecution for a violation of a domestic violence
10    order of protection shall not bar concurrent prosecution
11    for any other crime, including any crime that may have been
12    committed at the time of the violation of the domestic
13    violence order of protection; or
14        (2) The respondent commits the crime of child abduction
15    pursuant to Section 10-5 of the Criminal Code of 1961 or
16    the Criminal Code of 2012, by having knowingly violated:
17            (i) remedies described in paragraphs (5), (6), or
18        (8) of subsection (b) of Section 112A-14 of this Code,
19        or
20            (ii) a remedy, which is substantially similar to
21        the remedies authorized under paragraphs (1), (5),
22        (6), or (8) of subsection (b) of Section 214 of the
23        Illinois Domestic Violence Act of 1986, in a valid
24        domestic violence order of protection, which is
25        authorized under the laws of another state, tribe or
26        United States territory.

 

 

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1        (3) The respondent commits the crime of violation of a
2    civil no contact order when the respondent violates Section
3    12-3.8 of the Criminal Code of 2012. Prosecution for a
4    violation of a civil no contact order shall not bar
5    concurrent prosecution for any other crime, including any
6    crime that may have been committed at the time of the
7    violation of the civil no contact order.
8        (4) The respondent commits the crime of violation of a
9    stalking no contact order when the respondent violates
10    Section 12-3.9 of the Criminal Code of 2012. Prosecution
11    for a violation of a stalking no contact order shall not
12    bar concurrent prosecution for any other crime, including
13    any crime that may have been committed at the time of the
14    violation of the stalking no contact order.
15    (5) The respondent commits the crime of violation of a
16sexual harassment no contact order by violating Section 12-3.10
17of the Criminal Code of 2012. Prosecution for a violation of a
18sexual harassment no contact order shall not bar concurrent
19prosecution for any other crime, including any crime that may
20have been committed at the time of the violation of the sexual
21harassment no contact order.
22    (b) When violation is contempt of court. A violation of any
23valid protective order, whether issued in a civil or criminal
24proceeding, may be enforced through civil or criminal contempt
25procedures, as appropriate, by any court with jurisdiction,
26regardless where the act or acts which violated the protective

 

 

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1order were committed, to the extent consistent with the venue
2provisions of this Article. Nothing in this Article shall
3preclude any Illinois court from enforcing any valid protective
4order issued in another state. Illinois courts may enforce
5protective orders through both criminal prosecution and
6contempt proceedings, unless the action which is second in time
7is barred by collateral estoppel or the constitutional
8prohibition against double jeopardy.
9        (1) In a contempt proceeding where the petition for a
10    rule to show cause sets forth facts evidencing an immediate
11    danger that the respondent will flee the jurisdiction,
12    conceal a child, or inflict physical abuse on the
13    petitioner or minor children or on dependent adults in
14    petitioner's care, the court may order the attachment of
15    the respondent without prior service of the rule to show
16    cause or the petition for a rule to show cause. Bond shall
17    be set unless specifically denied in writing.
18        (2) A petition for a rule to show cause for violation
19    of a protective order shall be treated as an expedited
20    proceeding.
21    (c) Violation of custody, allocation of parental
22responsibility, or support orders. A violation of remedies
23described in paragraphs (5), (6), (8), or (9) of subsection (b)
24of Section 112A-14 of this Code may be enforced by any remedy
25provided by Section 607.5 of the Illinois Marriage and
26Dissolution of Marriage Act. The court may enforce any order

 

 

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1for support issued under paragraph (12) of subsection (b) of
2Section 112A-14 of this Code in the manner provided for under
3Parts V and VII of the Illinois Marriage and Dissolution of
4Marriage Act.
5    (d) Actual knowledge. A protective order may be enforced
6pursuant to this Section if the respondent violates the order
7after respondent has actual knowledge of its contents as shown
8through one of the following means:
9        (1) (Blank).
10        (2) (Blank).
11        (3) By service of a protective order under subsection
12    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
13        (4) By other means demonstrating actual knowledge of
14    the contents of the order.
15    (e) The enforcement of a protective order in civil or
16criminal court shall not be affected by either of the
17following:
18        (1) The existence of a separate, correlative order
19    entered under Section 112A-15 of this Code.
20        (2) Any finding or order entered in a conjoined
21    criminal proceeding.
22    (f) Circumstances. The court, when determining whether or
23not a violation of a protective order has occurred, shall not
24require physical manifestations of abuse on the person of the
25victim.
26    (g) Penalties.

 

 

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1        (1) Except as provided in paragraph (3) of this
2    subsection (g), where the court finds the commission of a
3    crime or contempt of court under subsections (a) or (b) of
4    this Section, the penalty shall be the penalty that
5    generally applies in such criminal or contempt
6    proceedings, and may include one or more of the following:
7    incarceration, payment of restitution, a fine, payment of
8    attorneys' fees and costs, or community service.
9        (2) The court shall hear and take into account evidence
10    of any factors in aggravation or mitigation before deciding
11    an appropriate penalty under paragraph (1) of this
12    subsection (g).
13        (3) To the extent permitted by law, the court is
14    encouraged to:
15            (i) increase the penalty for the knowing violation
16        of any protective order over any penalty previously
17        imposed by any court for respondent's violation of any
18        protective order or penal statute involving petitioner
19        as victim and respondent as defendant;
20            (ii) impose a minimum penalty of 24 hours
21        imprisonment for respondent's first violation of any
22        protective order; and
23            (iii) impose a minimum penalty of 48 hours
24        imprisonment for respondent's second or subsequent
25        violation of a protective order
26    unless the court explicitly finds that an increased penalty

 

 

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1    or that period of imprisonment would be manifestly unjust.
2        (4) In addition to any other penalties imposed for a
3    violation of a protective order, a criminal court may
4    consider evidence of any violations of a protective order:
5            (i) to increase, revoke, or modify the bail bond on
6        an underlying criminal charge pursuant to Section
7        110-6 of this Code;
8            (ii) to revoke or modify an order of probation,
9        conditional discharge, or supervision, pursuant to
10        Section 5-6-4 of the Unified Code of Corrections;
11            (iii) to revoke or modify a sentence of periodic
12        imprisonment, pursuant to Section 5-7-2 of the Unified
13        Code of Corrections.
14(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
15100-597, eff. 6-29-18.)
 
16    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
17    Sec. 112A-28. Data maintenance by law enforcement
18agencies.
19    (a) All sheriffs shall furnish to the Department of State
20Police, daily, in the form and detail the Department requires,
21copies of any recorded protective orders issued by the court,
22and any foreign protective orders filed by the clerk of the
23court, and transmitted to the sheriff by the clerk of the
24court. Each protective order shall be entered in the Law
25Enforcement Agencies Data System on the same day it is issued

 

 

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1by the court.
2    (b) The Department of State Police shall maintain a
3complete and systematic record and index of all valid and
4recorded protective orders issued or filed under this Act. The
5data shall be used to inform all dispatchers and law
6enforcement officers at the scene of an alleged incident of
7abuse or violation of a protective order of any recorded prior
8incident of abuse involving the abused party and the effective
9dates and terms of any recorded protective order.
10    (c) The data, records and transmittals required under this
11Section shall pertain to:
12        (1) any valid emergency, interim, or plenary domestic
13    violence order of protection, civil no contact or stalking
14    no contact order, or sexual harassment no contact order
15    issued in a civil proceeding; and
16        (2) any valid ex parte or final protective order issued
17    in a criminal proceeding or authorized under the laws of
18    another state, tribe, or United States territory.
19(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
20    Section 999. Effective date. This Act takes effect upon
21becoming law.

 

 

SB1588 Engrossed- 58 -LRB101 10760 LNS 55882 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    720 ILCS 5/13-10 new
5    725 ILCS 5/112A-1.5
6    725 ILCS 5/112A-2.5
7    725 ILCS 5/112A-3from Ch. 38, par. 112A-3
8    725 ILCS 5/112A-4from Ch. 38, par. 112A-4
9    725 ILCS 5/112A-4.5
10    725 ILCS 5/112A-5.5
11    725 ILCS 5/112A-11.5
12    725 ILCS 5/112A-14.8 new
13    725 ILCS 5/112A-21.8 new
14    725 ILCS 5/112A-23from Ch. 38, par. 112A-23
15    725 ILCS 5/112A-28from Ch. 38, par. 112A-28