102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4368

 

Introduced 1/5/2022, by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/112A-3  from Ch. 38, par. 112A-3
725 ILCS 5/112A-5.1 new
725 ILCS 5/112A-21  from Ch. 38, par. 112A-21
750 ILCS 60/103  from Ch. 40, par. 2311-3
750 ILCS 60/202.5 new
750 ILCS 60/221  from Ch. 40, par. 2312-21

    Amends the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Includes coercive control behavior in the definition of "abuse". Defines "coercive control behavior" as a pattern of behavior that unreasonably interferes with a person's free will and personal liberty. Provides that if the court finds that a pattern of frivolous and intentionally fabricated pleadings or motions are filed by one party, the court shall sanction the party in an appropriate manner to allow the proceedings to continue without undue delay or obstruction by the party filing the pleadings. Effective immediately.


LRB102 22606 LNS 31749 b

 

 

A BILL FOR

 

HB4368LRB102 22606 LNS 31749 b

1    AN ACT concerning domestic violence.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 112A-3 and 112A-21 and by adding
6Section 112A-5.1 as follows:
 
7    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
8    Sec. 112A-3. Definitions.
9    (a) In this Article:
10    "Advocate" means a person whose communications with the
11victim are privileged under Section 8-802.1 or 8-802.2 of the
12Code of Civil Procedure or Section 227 of the Illinois
13Domestic Violence Act of 1986.
14    "Named victim" means the person named as the victim in the
15delinquency petition or criminal prosecution.
16    "Protective order" means a domestic violence order of
17protection, a civil no contact order, or a stalking no contact
18order.
19    (b) For the purposes of domestic violence cases, the
20following terms shall have the following meanings in this
21Article:
22        (1) "Abuse" means physical abuse, harassment,
23    intimidation of a dependent, interference with personal

 

 

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1    liberty, coercive control behavior, or willful deprivation
2    but does not include reasonable direction of a minor child
3    by a parent or person in loco parentis.
4        (2.5) "Coercive control behavior" means a pattern of
5    behavior that unreasonably interferes with a family or
6    household member's free will and personal liberty,
7    including, but not limited to:
8            (i) isolating the family or household member from
9        friends, relatives, or other sources of support;
10            (ii) depriving the family or household member of
11        basic necessities;
12            (iii) controlling, regulating, or monitoring the
13        family or household member's movements,
14        communications, daily behavior, finances, economic
15        resources, or access to services;
16            (iv) compelling the family or household member by
17        force, threat of force, or intimidation, including,
18        but not limited to, threats based on actual or
19        suspected immigration status, to engage in conduct
20        from which the family or household member has a right
21        to abstain, or abstain from conduct in which the
22        family or household member has a right to engage;
23            (v) committing or threatening to commit cruelty to
24        animals that intimidates the family or household
25        member; and
26            (vi) forced sex acts, or threats of a sexual

 

 

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

 

 

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

 

 

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1    right to abstain or to refrain from conduct in which she or
2    he has a right to engage.
3        (6) "Intimidation of a dependent" means subjecting a
4    person who is dependent because of age, health, or
5    disability to participation in or the witnessing of:
6    physical force against another or physical confinement or
7    restraint of another which constitutes physical abuse as
8    defined in this Article, regardless of whether the abused
9    person is a family or household member.
10        (7) "Order of protection" or "domestic violence order
11    of protection" means an ex parte or final order, granted
12    pursuant to this Article, which includes any or all of the
13    remedies authorized by Section 112A-14 of this Code.
14        (8) "Petitioner" may mean not only any named
15    petitioner for the domestic violence order of protection
16    and any named victim of abuse on whose behalf the petition
17    is brought, but also any other person protected by this
18    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
8    not know about the domestic violence order of protection.
9        (10) "Willful deprivation" means wilfully denying a
10    person who because of age, health or disability requires
11    medication, medical care, shelter, accessible shelter or
12    services, food, therapeutic device, or other physical
13    assistance, and thereby exposing that person to the risk
14    of physical, mental or emotional harm, except with regard
15    to medical care and treatment when such dependent person
16    has expressed the intent to forgo such medical care or
17    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
23    final order granted under this Article, which includes a
24    remedy 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

 

 

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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
9    this 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
16    any part of the body of a child under 13 years of age, or
17    any transfer or transmission of semen by the respondent
18    upon 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,

 

 

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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, e-mail, fax,
9    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

 

 

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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
7    or 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

 

 

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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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
12    (725 ILCS 5/112A-5.1 new)
13    Sec. 112A-5.1. Frivolous and intentionally fabricated
14pleadings or motions. If the court finds that a pattern of
15frivolous and intentionally fabricated pleadings or motions
16are filed by one party under this Article, the court shall
17sanction the party in an appropriate manner to allow the
18proceedings to continue without undue delay or obstruction by
19the party filing the pleadings.
 
20    (725 ILCS 5/112A-21)  (from Ch. 38, par. 112A-21)
21    Sec. 112A-21. Contents of orders.
22    (a) Any domestic violence order of protection shall
23describe, in reasonable detail and not by reference to any
24other document, the following:

 

 

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1        (1) Each remedy granted by the court, in reasonable
2    detail and not by reference to any other document, so that
3    respondent may clearly understand what he or she must do
4    or refrain from doing. Pre-printed form orders of
5    protection shall include the definitions of the types of
6    abuse, as provided in Section 112A-3 of this Code.
7    Remedies set forth in pre-printed form for domestic
8    violence orders shall be numbered consistently with and
9    corresponding to the numerical sequence of remedies listed
10    in Section 112A-14 of this Code (at least as of the date
11    the form orders are printed).
12        (2) The reason for denial of petitioner's request for
13    any remedy listed in Section 112A-14 of this Code.
14    (b) A domestic violence order of protection shall further
15state the following:
16        (1) The name of each petitioner that the court finds
17    is a victim of a charged offense, and that respondent is a
18    member of the family or household of each such petitioner,
19    and the name of each other person protected by the order
20    and that such person is protected by this Code.
21        (2) For any remedy requested by petitioner on which
22    the court has declined to rule, that that remedy is
23    reserved.
24        (3) The date and time the domestic violence order of
25    protection was issued.
26        (4) (Blank).

 

 

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1        (5) (Blank).
2        (6) (Blank).
3    (c) Any domestic violence order of protection shall
4include the following notice, printed in conspicuous type:
5        "Any knowing violation of a domestic violence order of
6    protection forbidding physical abuse, harassment,
7    intimidation, interference with personal liberty, coercive
8    control behavior, willful deprivation, or entering or
9    remaining present at specified places when the protected
10    person is present, or granting exclusive possession of the
11    residence or household, or granting a stay away order is a
12    Class A misdemeanor for a first offense, and a Class 4
13    felony for persons with a prior conviction for certain
14    offenses under subsection (d) of Section 12-3.4 of the
15    Criminal Code of 2012. Grant of exclusive possession of
16    the residence or household shall constitute notice
17    forbidding trespass to land. Any knowing violation of an
18    order awarding legal custody or physical care of a child
19    or prohibiting removal or concealment of a child may be a
20    Class 4 felony. Any willful violation of any order is
21    contempt of court. Any violation may result in fine or
22    imprisonment."
23    (d) (Blank).
24    (e) A domestic violence order of protection shall state,
25"This Order of Protection is enforceable, even without
26registration, in all 50 states, the District of Columbia,

 

 

HB4368- 13 -LRB102 22606 LNS 31749 b

1tribal lands, and the U.S. territories pursuant to the
2Violence Against Women Act (18 U.S.C. 2265). Violating this
3Order of Protection may subject the respondent to federal
4charges and punishment (18 U.S.C. 2261-2262). The respondent
5may be subject to federal criminal penalties for possessing,
6transporting, shipping, or receiving any firearm or ammunition
7under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
8(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
9    Section 10. The Illinois Domestic Violence Act of 1986 is
10amended by changing Sections 103 and 221 and by adding Section
11202.5 as follows:
 
12    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
13    Sec. 103. Definitions. For the purposes of this Act, the
14following terms shall have the following meanings:
15    (1) "Abuse" means physical abuse, harassment, intimidation
16of a dependent, interference with personal liberty, coercive
17control behavior, or willful deprivation but does not include
18reasonable direction of a minor child by a parent or person in
19loco parentis.
20    (2) "Adult with disabilities" means an elder adult with
21disabilities or a high-risk adult with disabilities. A person
22may be an adult with disabilities for purposes of this Act even
23though he or she has never been adjudicated an incompetent
24adult. However, no court proceeding may be initiated or

 

 

HB4368- 14 -LRB102 22606 LNS 31749 b

1continued on behalf of an adult with disabilities over that
2adult's objection, unless such proceeding is approved by his
3or her legal guardian, if any.
4        (2.5) "Coercive control behavior" means a pattern of
5    behavior that unreasonably interferes with a family or
6    household member's free will and personal liberty,
7    including, but not limited to:
8            (i) isolating the family or household member from
9        friends, relatives, or other sources of support;
10            (ii) depriving the family or household member of
11        basic necessities;
12            (iii) controlling, regulating, or monitoring the
13        family or household member's movements,
14        communications, daily behavior, finances, economic
15        resources, or access to services;
16            (iv) compelling the family or household member by
17        force, threat of force, or intimidation, including,
18        but not limited to, threats based on actual or
19        suspected immigration status, to engage in conduct
20        from which the family or household member has a right
21        to abstain, or abstain from conduct in which the
22        family or household member has a right to engage;
23            (v) committing or threatening to commit cruelty to
24        animals that intimidates the family or household
25        member; and
26            (vi) forced sex acts, or threats of a sexual

 

 

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1        nature, including, but not limited to, threatened acts
2        of sexual conduct, threats based on a person's
3        sexuality, or threats to release sexual images.
4    (3) "Domestic violence" means abuse as defined in
5paragraph (1).
6    (4) "Elder adult with disabilities" means an adult
7prevented by advanced age from taking appropriate action to
8protect himself or herself from abuse by a family or household
9member.
10    (5) "Exploitation" means the illegal, including tortious,
11use of a high-risk adult with disabilities or of the assets or
12resources of a high-risk adult with disabilities. Exploitation
13includes, but is not limited to, the misappropriation of
14assets or resources of a high-risk adult with disabilities by
15undue influence, by breach of a fiduciary relationship, by
16fraud, deception, or extortion, or the use of such assets or
17resources in a manner contrary to law.
18    (6) "Family or household members" include spouses, former
19spouses, parents, children, stepchildren and other persons
20related by blood or by present or prior marriage, persons who
21share or formerly shared a common dwelling, persons who have
22or allegedly have a child in common, persons who share or
23allegedly share a blood relationship through a child, persons
24who have or have had a dating or engagement relationship,
25persons with disabilities and their personal assistants, and
26caregivers as defined in Section 12-4.4a of the Criminal Code

 

 

HB4368- 16 -LRB102 22606 LNS 31749 b

1of 2012. For purposes of this paragraph, neither a casual
2acquaintanceship nor ordinary fraternization between 2
3individuals in business or social contexts shall be deemed to
4constitute a dating relationship. In the case of a high-risk
5adult with disabilities, "family or household members"
6includes any person who has the responsibility for a high-risk
7adult as a result of a family relationship or who has assumed
8responsibility for all or a portion of the care of a high-risk
9adult with disabilities voluntarily, or by express or implied
10contract, or by court order.
11    (7) "Harassment" means knowing conduct which is not
12necessary to accomplish a purpose that is reasonable under the
13circumstances; would cause a reasonable person emotional
14distress; and does cause emotional distress to the petitioner.
15Unless the presumption is rebutted by a preponderance of the
16evidence, the following types of conduct shall be presumed to
17cause emotional distress:
18        (i) creating a disturbance at petitioner's place of
19    employment or school;
20        (ii) repeatedly telephoning petitioner's place of
21    employment, home or residence;
22        (iii) repeatedly following petitioner about in a
23    public place or places;
24        (iv) repeatedly keeping petitioner under surveillance
25    by remaining present outside his or her home, school,
26    place of employment, vehicle or other place occupied by

 

 

HB4368- 17 -LRB102 22606 LNS 31749 b

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

 

 

HB4368- 18 -LRB102 22606 LNS 31749 b

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

 

 

HB4368- 19 -LRB102 22606 LNS 31749 b

1Section 214 of this Act.
2    (13) "Petitioner" may mean not only any named petitioner
3for the order of protection and any named victim of abuse on
4whose behalf the petition is brought, but also any other
5person protected by this Act.
6    (14) "Physical abuse" includes sexual abuse and means any
7of the following:
8        (i) knowing or reckless use of physical force,
9    confinement or restraint;
10        (ii) knowing, repeated and unnecessary sleep
11    deprivation; or
12        (iii) knowing or reckless conduct which creates an
13    immediate risk of physical harm.
14    (14.5) "Stay away" means for the respondent to refrain
15from both physical presence and nonphysical contact with the
16petitioner whether direct, indirect (including, but not
17limited to, telephone calls, mail, email, faxes, and written
18notes), or through third parties who may or may not know about
19the order of protection.
20    (15) "Willful deprivation" means wilfully denying a person
21who because of age, health or disability requires medication,
22medical care, shelter, accessible shelter or services, food,
23therapeutic device, or other physical assistance, and thereby
24exposing that person to the risk of physical, mental or
25emotional harm, except with regard to medical care or
26treatment when the dependent person has expressed an intent to

 

 

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1forgo such medical care or treatment. This paragraph does not
2create any new affirmative duty to provide support to
3dependent persons.
4(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
5    (750 ILCS 60/202.5 new)
6    Sec. 202.5. Frivolous and intentionally fabricated
7pleadings or motions. If the court finds that a pattern of
8frivolous and intentionally fabricated pleadings or motions
9are filed by one party under this Act, the court shall sanction
10the party in an appropriate manner to allow the proceedings to
11continue without undue delay or obstruction by the party
12filing the pleadings.
 
13    (750 ILCS 60/221)  (from Ch. 40, par. 2312-21)
14    Sec. 221. Contents of orders.
15    (a) Any order of protection shall describe the following:
16        (1) Each remedy granted by the court, in reasonable
17    detail and not by reference to any other document, so that
18    respondent may clearly understand what he or she must do
19    or refrain from doing. Pre-printed form orders of
20    protection shall include the definitions of the types of
21    abuse, neglect, and exploitation, as provided in Section
22    103. Remedies set forth in pre-printed form orders shall
23    be numbered consistently with and corresponding to the
24    numerical sequence of remedies listed in Section 214 (at

 

 

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1    least as of the date the form orders are printed).
2        (2) The reason for denial of petitioner's request for
3    any remedy listed in Section 214.
4    (b) An order of protection shall further state the
5following:
6        (1) The name of each petitioner that the court finds
7    was abused, neglected, or exploited by respondent, and
8    that respondent is a member of the family or household of
9    each such petitioner, and the name of each other person
10    protected by the order and that such person is protected
11    by this Act.
12        (2) For any remedy requested by petitioner on which
13    the court has declined to rule, that that remedy is
14    reserved.
15        (3) The date and time the order of protection was
16    issued, whether it is an emergency, interim or plenary
17    order and the duration of the order.
18        (4) The date, time and place for any scheduled hearing
19    for extension of that order of protection or for another
20    order of greater duration or scope.
21        (5) For each remedy in an emergency order of
22    protection, the reason for entering that remedy without
23    prior notice to respondent or greater notice than was
24    actually given.
25        (6) For emergency and interim orders of protection,
26    that respondent may petition the court, in accordance with

 

 

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1    Section 224, to re-open that order if he or she did not
2    receive actual prior notice of the hearing, in accordance
3    with Section 211, and alleges that he or she had a
4    meritorious defense to the order or that the order or any
5    of its remedies was not authorized by this Act.
6    (c) Any order of protection shall include the following
7notice, printed in conspicuous type: "Any knowing violation of
8an order of protection forbidding physical abuse, neglect,
9exploitation, harassment, intimidation, interference with
10personal liberty, coercive control behavior, willful
11deprivation, or entering or remaining present at specified
12places when the protected person is present, or granting
13exclusive possession of the residence or household, or
14granting a stay away order is a Class A misdemeanor. Grant of
15exclusive possession of the residence or household shall
16constitute notice forbidding trespass to land. Any knowing
17violation of an order awarding legal custody or physical care
18of a child or prohibiting removal or concealment of a child may
19be a Class 4 felony. Any willful violation of any order is
20contempt of court. Any violation may result in fine or
21imprisonment."
22    (d) An emergency order of protection shall state, "This
23Order of Protection is enforceable, even without registration,
24in all 50 states, the District of Columbia, tribal lands, and
25the U.S. territories pursuant to the Violence Against Women
26Act (18 U.S.C. 2265). Violating this Order of Protection may

 

 

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1subject the respondent to federal charges and punishment (18
2U.S.C. 2261-2262)."
3    (e) An interim or plenary order of protection shall state,
4"This Order of Protection is enforceable, even without
5registration, in all 50 states, the District of Columbia,
6tribal lands, and the U.S. territories pursuant to the
7Violence Against Women Act (18 U.S.C. 2265). Violating this
8Order of Protection may subject the respondent to federal
9charges and punishment (18 U.S.C. 2261-2262). The respondent
10may be subject to federal criminal penalties for possessing,
11transporting, shipping, or receiving any firearm or ammunition
12under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
13(Source: P.A. 93-944, eff. 1-1-05.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.